Current through Register No. 12, March 21, 2024
In accordance with
RSA
162-L:16, I, the authority and the grantee
shall enter into contractual relationships which shall contain provisions
that:
(a) Govern the use of CDBG funds
and project activities which shall state that:
(1) The grantee shall comply with all
applicable federal, state and municipal laws, regulations, rules, codes,
orders, ordinances or standards issued pursuant to those laws as well as with
any lawful direction(s) of a public officer(s);
(2) The grantee shall require each
subrecipient, contractor and/or subcontractor to comply with the requirements
in (1);
(3) In the performance of
the project activities, the grantee shall be an independent contractor and
shall not be considered by the authority as an agent or employee of the
authority;
(4) Neither the grantee,
its agents or employees, shall be entitled to any benefits, workers
compensation or any profit or gain arising from the project;
(5) The grantee shall provide the personnel
needed either to directly perform the project activities or to supervise its:
a.Subrecipient(s);
b.Contractor(s); and
c.Subcontractor(s);
(6) The grantee shall warrant that such
personnel used to perform each activity shall be:
a.Professionally competent;
b.Qualified; and
c.Properly licensed;
(7) The grantee shall not employ nor shall it
permit any subrecipient, contractor or subcontractor to employ, any elected
state officials or state employees with project funds;
(8) The grantee shall include such provisions
in the contracts it negotiates with its subrecipient(s) and contractor(s) which
are relevant in order to protect the interest of the State of New Hampshire,
and/or required by federal or state law, rules or regulations;
(9) The grantee shall submit a copy of its
contract form to be approved by the authority for consistency with all laws,
rules and regulations, before executing any contract(s);
(10) The grantee shall give the authority at
least 5 working days' notice of any preconstruction conference so that the
authority can attend and participate;
(11) The grantee shall not assign or transfer
any interest in the project;
(12)
No data produced in whole or in part with CDBG funds shall be subject to
copyright in the United States or in any other country;
(13) The grantee shall defend, indemnify and
hold the state, its officers and employees harmless for any losses suffered or
for any claims asserted against the state arising from the acts or omissions of
the grantee, its officers, employees or subcontractors;
(14) If the grantee seeks to change an
activity(ies) representing 10 percent or less of the grant's original value,
the grantee shall submit a written request for a contract revision to the
authority;
(15) The executive
director shall consider the request and shall approve if the benefited cost is
eligible under the federal act, federal regulations, state law or state
administrative rules or deny the request in writing if it is not
eligible;
(16) If the grantee seeks
to change an activity(s) by more than 10 percent of the grant's original value,
the chief executive officer of the grantee municipality or county shall submit
a written request for a contract amendment to the authority;
(17) The executive director shall consider
the request and shall, in writing, deny the request if the transfer is not
eligible under the federal act, federal regulations, state law or state
administrative rules or if eligible shall submit a proposed contract amendment
to the governor and executive council for their approval;
(18) If the grantee seeks a contract
amendment under (16) that involves more than 25 percent of the grant's original
value, the grantee shall hold a public hearing, to solicit public comment on
the proposed amendment, in accordance with
RSA
162-L:14;
(19) The authority shall provide a planned
payment schedule for:
a.Project
costs;
b.Progress and financial
reports;
c.Completion, closeout and
audit reports; and
d. Any other
provisions which the department of justice shall require;
(20) Cash advances by the authority to a
grantee shall be approved only:
a.To the
extent necessary to satisfy the grantee's immediate cash requirements for the
project; and
b.If their timing and
amount shall coincide as closely as possible with the grantee's actual
disbursements; and
(21)
Cash advances by the grantee to a subrecipient or contractor shall conform to
the same standards in (20);
(b) Require the grantees and their
subrecipients to also adhere to the following requirements:
(1) The "Lead Paint Poisoning Prevention and
Control Act" set forth in RSA 130-A and rules in He-P 1600;
(2) That prior to the effective date of the
grant agreement, a recipient may obligate and spend local funds for:
a.Environmental assessment;
b.Planning and capacity building;
c.Engineering and design costs associated
with an activity;
d.The provision
of information and other resources to residents; and
e.For relocation and/or acquisition
activities;
(3) That
after the effective date of the grant agreement, the recipient shall be
reimbursed with funds to cover those costs specified in (2), provided such
locally funded activities were in compliance with the federal act;
(4) That CDBG grant funds shall not be
obligated prior to the effective date of the grant period or after its
completion date without the prior written approval of the authority in order to
ensure compliance with the federal act;
(5) That grantees shall only use CDBG funds
for projects costs deemed allowable in accordance with
24 CFR
85.22;
(6) That non-profit subrecipients shall only
use CDBG funds for project costs deemed allowable in accordance with OMB
Circular A-122, "Cost Principles for Nonprofit Organizations;"
(7) That grantees shall maintain a financial
management system which complies with
24 CFR
85.20;
(8) That grantees shall comply with the
procurement requirements set forth in
24 CFR
85.36;
(9) That grantees shall comply with the
conflict of interest provisions set forth in
24 CFR
85.36 for the procurement of the following:
a.Supplies;
b.Equipment;
c.Construction; and
d.Services.
(10) That grantees shall comply with the
conflict of interest provisions set forth in
24 CFR
570.489(h) in all other
cases not specified in (9), such as, but not limited to:
a.The acquisition and disposition of real
property; and
b.The provision of
CDBG assistance to persons, households or businesses; and
(11) That grantees shall, if applicable,
develop a program design for the rehabilitation of housing including, but not
limited to, the following:
a.Plans for grant
administration;
b.Verification of
household income levels;
c.Structural inspections;
d.Funding mechanisms for eligible
households;
e.Payment schedules;
and
f.Program outreach and
marketing; and
(c) Govern the use of CDBG funds upon
completion of the project by requiring the grantee, its subrecipient and the
authority to enter into a project closeout agreement pursuant to
RSA
162-L:16 which requires that:
(1) The CDBG grant be closed out;
(2) Proceeds from the sale of personal
property comply with 24 CFR
85.32 for equipment and
24 CFR
85.33 for supplies;
(3) Proceeds from the sale of real property
comply with 24 CFR
570.489(j) and
24 CFR
85.31;
(4) Outstanding obligations as of the
completion date:
a.Be paid or otherwise
resolved within 90 days;
b.Be
related to goods or services provided during the grant period;
c.Be for reasonable costs associated with
grant closeout, such as audits and final reports; and
d.Be eligible to be incurred for up to 90
days after the completion date;
(5) Disallowed and unspent CDBG funds be
awarded to other municipalities or counties as part of the normal competition
process, or to those applicants who applied in the same grant year;
(6) Proceeds from program income comply with
24 CFR
570.489(e);
(7) Proceeds from any other revenue sources,
generated from the project, at a minimum, benefit low and moderate income
persons and households; and
(8) Any
other conditions that exists in the contractual relationship that are
applicable after completion of the project, be described in the closeout
agreement.