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HomeMy WebLinkAbout80A - JOINT - SELF SUFFICIENCY PROGREQUEST FOR COUNCIL/ HOUSING AUTHORITY >; ACTION CITY COUNCIL MEETING DATE: N� APPROPRIATION ADJUSTMENT — FAMILY SELF-SUFFICIENCY PROGRAM (STRATEGIC PLAN NO. 5, 3) CITY MANAGER EXECUTIVE DIRECTOR RECOMMENDED ACTION g CLERK OF COUNCIL USE ONLY: APPROVED C7 As Recommended 17 As Amended El Ordinance on 1`t Reading 171 Ordinance on 20d Reading ❑ Implementing Resolution Set Public Hearing For CONTINUED TO FILE NUMBER Approve an appropriation adjustment recognizing an additional $103,787 of U.S, Department of Housing and Urban Development's Family Self °Buff clenoy Program funds awarded to the Housing Authority of the City of Santa Ana in the revenue account and appropriating the same In the expenditure accounts, Authorize the acceptance of the Family Self-Sufficiency Program grant award from the U.S. Department of Housing and Urban Development in the amount of $138,000 for the period of January 1, 2016 through December 31, 2016. DISCUSSION The Family Self - Sufficiency Program (FS a) is a U.S. Department of Housing and Urban Development (HUD) program that enables families assisted through the Housing Choice Voucher (HCV) program to Increase their earned income and reduce their dependency on rental assistance. Once an eligible family Is selected to participate in the program, the Santa Ana Housing Authority (SAHA) and the head of each participating family execute a five -year FSS Contract of Participation that specifies the rights and responsibilities of both parties and the goals and services for the family, The family works with an FSS program coordinator to be connected to services to assist with completing their goals, Some of the services coordinated through the program Include; child care, transportation, education, job training, employment counseling, financial literacy, and homeownership counseling, among others, An Interest-bearing escrow account Is established for each participating family and any Increases In the family's rent as a result of increased earned Income during the family's participation In the program result In a credit 80A -1 Appropriation Adjustment — Family Self- Sufficiency Program February 2, 2016 Page 2 to the family's escrow account. Once a family successfully graduates from the program, they may access the escrow account and use it for any purpose. Every year HUD issues a Notice of Funding Availability (NOFA) to pay the salaries of FSS program coordinators. In June 2015, a NOFA was issued by HUD to all public housing authorities. Due to an increase of participants in the FSS Program, SAHA was eligible to apply for two FSS program coordinator positions and was awarded $138,000 for both positions for calendar year 2016. The grant award has been executed and the period of performance is a twelve month period beginning January 1, 2016 (Exhibit 1). STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 — Community Health, Livability, Engagement & Sustainability, Objective #3 (Facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods.) FISCAL IMPACT The adopted FY 2015 -16 budget included $68,425 in FSS Program funding. Of this amount, $34,212 was expended during the July through December 2015 period, leaving a balance of $34,213 for the January through June 2016 period. Approval of the appropriation adjustment will recognize the additional $103,787 in revenue account (no. 14018002- 52003) and increase the budget in expenditure account no, 14018760 - various by the same amount. FSS program funds are anticipated to be expended as follows: FY 2015 -16 (January — June 2016) $59,000 FY 2016 -17 (July — December 2016) $69,000 Community Development Agency KR /JB /sb Exhibit: 1. Grant Award Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Agency 80A -2 FISCAL, YEAR 2015 2 3 FAMILY SELF -SU F- TICIENCY PROGRAM GRANT AGRL( MENT 4 (Attachment to Form HUD -1044) 5 6 ARTICLE 1: BASIC GRANT INFORMATION AND REQUIREMENTS 7 8 1, This Agreement is between the U. S. Department of Housing and Urban Development (-IUD) and the 9 Housing Authority of the City of Santa Ana, California, identified in block 7 on the cover sheet of 10 this agreement, form -IUD -1044, hereinafter referred to as the Grantee. The Grantee's application I and the HUD grant approval letter, including any special conditions, are incorporated into this 12 agreement. 13 14 2. HUD will make $138,000,00 available in total grant funds as shown on form HUD -1044 upon grant 15 award and HUD approval. 16 17 3. This agreement and the I-IUD -1044- shall be effective inunediately upon signature of both parties. 18 19 4, Period of performance: The period of performance will be 12 months. For renewal grantees, the 12 20 month period ofpwfiarmance will generally begin the day after the most recent FSS grant expires. 21 P'ZE.4SFN0 h: Funds (Prom this grant or previous FSSgrants) not expended by the time that the 22 FYI grant awards go into effectNlA.yBE recaptured by PZUD, FIUD will work with grantees to 23 determine the rnostefflcient use ofgrantedfends. 24 25 5. Award type: This is a cast - reimbursable, performance -based grant. 26 27 6. This Grant Agreement will be governed by the following as they may from time to time be amended: 28 the HUD Appropriations Acts, the United States Housing Act of 1937 as amended, the FY 2015 FSS 29 NOFA dated 6/25/15, the Code of Federal Regulations (CPR) 24 CFR Part 24, 24 CFR Part 984, 2 30 CFR Part 200 any applicable 01VIB Regulations or Circulars, and Handbooks and Notices issued by 31 -IUD. 32 33 7. In executing this agreement, the Grantee agrees to abide by the provisions contained within all 34 applicable Federal laws, Executive Orders, OMB Circulars, specifically OMB Circular A -110, any 35 assurances and certifications in the final HUD- approved application (the original approved 36 application may have required amendments by the fleld/applicant), and 24 CFR Part 984 as 37 applicable. 38 39 ARTICLE II: HUD REQUIREMENTS 40 41 SUB - ARTICLE A — GRANT ADMINISTRATION, CONDITIONS REQUIRING TERMINATION _......__...---- 43 44 1. The Grantee shall participate in mecting(s) (if requested by HUD) with HUD's local field office for 45 the purpose of establishing a eonomon understanding and strategy with respect to grant 46 administration, timeline, daliver abler, grant objectives, performance measures, and the scope of work 47 necessary to achieve grant objectives. 48 49 2, The Grantee shall finnish all necessary personnel, materials, services, equipment, and facilities and 50 shall otherwise do all things necessary for, or incidental to, the performance of the activities and tasks 51 set forth in the approved application, and this Grant Agreement (except as otherwise specified). 52 1 3. '.the Grantee agrees that costs incurred prior to the execution of this Grant Agreement and 2 implementation of HUD- approved grant activities, shall not be reimbursable by using funds 3 from this grant except where the period of performance is back -dated with HUD approval 4 due to HUD funding cycles. 5 6 4. The work to be performed under ibis Grant Agreement is outlined in the attached logic model. 7 8 5. The grant funds shall be used only for eligible activities. Per the FY 2015 FSS NOFA, FSS funds 9 may be used to perform routine HCV mid/or PH programs functions only if it enhances the 10 effectiveness of the FSS program. The performance of routine HCV /PH program functions may not 11 be such that it impedes the ability of the FSS Coordinator(s) to effectively perform FSS finctions. 12 Performance of 'routine HCV and/or PH functions for non -FSS families does not enhance the 13 effectiveness of the FSS program and is therefore an ineligible use of FSS finds, Additionally, while 14 FSS funds may be used to perform homeownership functions for FSS families, this may not be the 15 sole function for which funds are used. Refer to the FY 2015 FSS NOFA for more information on 16 eligible and ineligible uses of funds. 17 18 6. Should any of the following conditions arise, grantees are required to submit: in writing any changes 19 to the previously- approved grant to the appropriate local HUD field office personnel: 20 21 a. Any change In the scope, objective, or conditions of the program. 22 b, Changes in any subcontracting, or otherwise obtaining the services of a third party to 23 perform activities that are central to the purposes. 24 c, Other changes that may adversely affect the program. 25 26 7. Grantees needing to extend the term of their grant in order w fully accomplish their goals should. 27 request art extension in writing sixty calendar days prior to the grant termination date. The request 28 must be submitted to the field office for review and approval. Extensions will generally only be 29 granted if no funding is awarded to the grantee in the following year, The Grantee must also: 30 31 a. Submit a narrative justification explaining why the extension is needed, how much 32 additional time will be required, the circutnsta aces that require the proposed extension, 33 the work that will be conducted during the extension period, and the effect a denial would 34 have on the program. 35 b. Have satisfied all special conditions of the grant agreement except those that would be 36 fulfilled in the remaining period of the grant. 'Phis includes the performance and 37 resolution of audit findings in it timely manner. 38 39 Grautees should be aware that any extensions (other than those caused by I-TUD funding cycles) may 40 result in a negative impact on the Past Performance review in future grant applications. 41 wk o. nuy wiuugus mmlucawu uy uw Urwlwe inum oc in wrnnng (emants are a0cepmwe), 1 ul) will 43 approve/reject requested changes as appropriate. Approved changes will be reflected by an 44 amendment to this Grant Agreement and issued by a revised HUD -1044 cover sheet with any 45 attached documents as needed to define changes approved. Amendments will become effective upon 46 execution of the HUD -1044 between HUD and the Grantee when both parties have signed the T. TJD- 47 1044. 2 • I . 1 2 9. In general, if the Grantee's program is not implemented within 60 days of the grant start date tthe 3 start date Is the date both parties sign the IIUD -1044 and this Craut Agreement), the Crrantee 4 must report in writing to the appropriate HUD field office of the steps taken to initiate the program, 5 resulting changes to the timetable, the reason for the delay, and the expected starting date. Any 6 timetable revisions as a result of the delay must be included for HUD approval, Renewal grantees are 7 not subject to this implementation requirement. however, renewal grantees must start drawing down 8 the 2015 funds within 30 days of the period of performance start date (see Article I, Number 4 9 above), unless the grantee justifies in writing to the appropriate I -IUD field office the delay in 10 drawdown of funds. Also see Subarticle B, Number 3 below, NOTE; Failure to comply with this 11 requirement may result in termination of this agreement and recapture of grant funds. PLEASE 12 NOTE, All 2015 FSS grantees are considered renewal grantees, 13 14 10. I .) may terminate funding if the Grantee demonstrates an unwillingness or inability to implctnent 15 and maintain the program; does not use procedures that will minimize the time elapsing between 16 drawdowns and disbursements of grant funds; does not adhere to agreement requirements or special 17 conditions; engages in the improper award or administration of grant subcontracts; does not subridt 18 required reports; or produces unacceptable deliverables. 19 20 SUBARTICLE B: I+INANCIAL RESPONSIBILITIES 21 22 1. Prior to initial drawdown of funds, all Grantees must have secured ouline access to the Internet as a 23 nreamts to communicate with I OD on grant matters. Applicants shall draw down funds using the 24 electronic Line of Credit Control System (e- LOCOS) 25 26 2. As applicable, the Grantee agrees to comply with the organizational audit requirements of DMB at 2 27 CFR Part 200 including audit requirements. The final audit report must cover the entire period of the 28 grant, The audit must be submitted to HUD no later than 30 days after the grant is closed, covering 29 the entire award period originally approved or amended. All other requirements of 2 CFR Part 200 30 shall apply. For grantees where an audit is required, it single audit or a program- specific audit is 31 acceptable. If a grantee chooses a single audit, the final audit report that includes this grant is due no 32 later than 30 days after the single audit is completed. According to 2 CFR 200.501, grantees that 33 expend less than $7.50,000 ors federal awards are exemptfrom the audit requirement, but records "?east 34 be available for review or audit, 35 36 3, The Grantee shall minimize the time clapsing between the transfer of funds from HUD and the 37 disbursement of Rinds. The HUD funds are to be made available based on actual need. The Grantee 38 must make a drawdown only for incurred costs. Drawdowns in excess of need may result in special 39 procedures for payments, or termination of the grant when there are persistent violations, Funds 40 requisitioned through LOCCS must be disbursed within three calendar days after receipt of funds drawdown, _. _ 43 SUBARTICLE C: METHOD OF PAYMEN'r [FUNDS DRAWDOWN] 44 45 1, The Grantee may not draw down grant funds until all pro-conditions listed in form IlUD -1044, this 46 Grant Agreement, the NOFA or in the award loner, art) completed by the grantee and verified by 47 HUD, 48 • 11 1 2. Payments of grant funds shall be through electronic fluids transfer using e- LOCOS. Initial drawdown 2 cannot be earlier than the start date of the graunt term. 3 4 3, E -LOCCS Program Edits. 5 6 a. E -LOCCS will automatically perform a series of review edits (both generic and program 7 specific) of each payment request. Failure of one of the program edits will cause the payment 8 request to be referred to the I-IUD field office for review. 9 10 b, The FIUD field office will complete the review. The request will romain in the system and I I further drawdowns will not be allowed until that review is complete and the di- awdowns 12 approved or rejected. 13 14 o. The Grantee shall immediately contact the 14UD field office when there is a question 15 regarding the request or when the request has been referred to the I-IUD program office for 16 review, A request will be referred to the program office for review when: 17 18 i, Theme are requests for over 10% of total grant funds per calendar month; 19 20 it. Failure to submit an annual HUD form SF -425 - Financial Status Report, or Logic 21 Model, as defined by this agreement and 2 CFR part 200. F -LOCCS shall not accept 22 a request for'fund.s if required reports from the Grantee are ten or more days overdue 23 and wilt not accept future requests until the I-IUD field office confirms receipt and 24 approval of the reports in LOCOS. 25 26 iii. If the Gramoe repeatedly fails to submit required forms, LOCOS will be converted to 27 a system in which the HUD Field OPlice, will manually review each drawdown 28 request prior to releasing funds to the Grantee. 29 30 SUB - ARTICLE D: AUTHORIZED FUNDS BY BUDGE'r LINE ITFINI NUMBER 31 32 1, 'Please see Article II, Subarticle A, Nnunber 5 above. 33 34 2. The Grantee's budget consists of one Voucher Budget Line Item: 1165 - FSS Coordinator (salary & 35 fringe) 36 37 SUBARTICLE E: REPORTING REQUIREMENTS 38 39 1. The Grantee must evaluate its activities and submit a performance Logic Model and SF -425 to HUD. 40 The Logic Model must be submitted electronically as an excel file, The Logic Model and SF -425 41 shall be submitted to the Grantee's area ONAP/Public Housing Director in the, recipient's local �2— -IdUllfeld ut'fi'oc'nn'lat r Lh�trr Jaliriary 30 201"7; u.ntess granted im extensiori-Gy�HM TTie - 43 reporting' period will cover the 2016 Calendar Year (1/1/2016 - 12/31120,16), All Logic Model 44 reports should include answers to the Management Questions and it narrative (in the LM form) 45 indicating any positive or negative deviations from projected outputs and outcomes as contained in 46 your approved Logic Model. 47 4 FORM M 1 2, HUD shall determine the Grantee's progress based upon a comparison between the Grantee's actual 2 performance and its performance objectives and timelines established in the HUD- approved budget 3 and Logic Model, 4 5 3. The IiUD field office shall maintain official records on the Grantee's performance measures and its 6 progress reports, However, the Grantee must also maintain such records, including the Logic Model, 7 and SF -425, Hi1D review, and/or evaluations. 8 9 SUSARTICLE F: ADMINISTRATIVE REQUMEMENTS 10 11 1. Grantees must comply with al l current HUD program rules and regulations, 12 13 2. The Grantee shall maintain, and have access to, copies of documents relating to the award and 14 administration of this grant for at least three years after final closeout date of the grant for inspection 15 by HUD, the General Accounting Office, or their duly authorized representatives, 16 17 3. The accounting systems of the Grantee must ensure that HUD funds arc not co- mingled with funds 18 from other Federal, State, Tribal, or local goverranent agencies or other RU) program funds. Funds 19 specifically budgeted and/or received for one program may not be used to support or reimburse '20 another, Where the Grantee's accounting systom cannot comply with this requirement, the Grantee 21 Hurst establish a system to provide adequate fund accountability for each program for which it has 22 been awarded funds. 'Ilre Grantee's selection of depository facility (such as a bank for example) 23 shall be compliant with Federal regulations and have insurance from the Federal Deposit Insurance 24 Cor 25 poration or the National. Credit Union Share Insurance Fund to .insure the established account. 26 4, The Grantee agrees to comply with the following requirements for which HUD has enforcement 27 responsibility, 28 29 a. Administrative requirements of 2 CFR Fart 200. These include the procurermont 30 requirements as applicable. 31 32 b. Grantees are required to comply with the Cost Principles set forth in 2 CFR Part 200, 33 Subpart P. 34 35 5. Equal Opportunity Requirements. Grant founds must be used in accordance with the following: 36 37 a. The requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) 38 (Nondiscrimination in Federally Assisted Programs) and implementing regulations issued 39 at 24 CFIt part 1. 40 41 b. The prohibitions against discrimination on the basis of age under the Age Discrimination - -42 — Act -oF 975-(42-U S 0-6109 -09) -and IfnPle nee iting ze GTatr7ihs ai L � ",F1li out Z46, and 43 the prohibitions against discrimination against handicapped individuals under section 504 44 of the Rehabilitation. Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 45 CFR Part 8. 46 47 c. The requirements of Executive Order 11246 (Equal Employment Opportunity) and the 418 implementing regulations issued at 41 CFR Chapter 60, 5 80A -7 1. 2 d. For grantees using their funds to support residents of conventional Public Housing (i.e. 3 not Housing Choice Vouchers), the requirements of Section 3 of the housing and Urban 4 Development Act of 1968, (12I1,S,C. 1701u) State that (1) to the greatest extent feasible, 5 opportunities for training and employment arising in connection with the planting and 6 carrying out of any project assisted with grant funds be given to low - income persons 7 residing within the unit of general local government. or the metropolitan area (or non- 8 metropolitan county) as determined by HUD, in which the project is located; and (2) to 9 the greatest extent feasible, contracts for work to be perforated in connection with any 10 such project be awarded to business concerns, including but not limited to individuals or 11 firms doing business in the field of planning, consulting, design, architecture, building 12 construction, rehabilitation, maintenance, or repair, which are located in or owned in 13 substantial part by persons residing in the same metropolitan area (or non- metropolitan 14 county) as the project. 15 16 6. The regulations in 24 CFR 87, related to lobbying, including the requirement that the Grantee obtain 17 certifications and disclosures from all covered persons, 18 19 7, Drug -free Workplace Requirements (Grants) in 24 CFR 2424. 20 21 8. Restrictions on participation by ineligible, debarred or suspended persons or entitles at 24 CFR Part 22 2424, Subparts A through J, which are ap'pl'icable to contractors and subgrantees. 23 24 9. Other applicable regulations. 25 26 10, The Grantee's computer systerns must operate in accordance with IIUD's computer systems and 27 software to facilitate any and all electronic documents for conversion to HUD computer systems and 28 sotware. That is, when sending/transferring documents, e -rnait, or CDs to HUD, the systems must be 29 compatible so that HUD receives at exact copy, 30 31 11, The Grantee's computer and information systems must be able to access HUD's website(s) so that 32 data can be inputted as may be required by the grant; information can be retrieved; and funding 33 through HUD's E -LOCCS system may be accessed. 34 35 SUB- ARTICLE Gr GRAPIT CLOSEOUT 36 37 1. Code of Federal Regulations (CFR), 2 CFR Part 200 prescribes uniform closeout procedures for 38 Federal cooperative agreemonts /grant agreements. 39 40 1 It is the responsibility of the Grantee to comply in fidI with all closeout - reporting requirements and to 41 submit closeout reports in a timely manner. 42 — - - — .— ..... ..... ...- ----- .......— ......... — -- ....__........ —. — _.._.- _ _ 43 3. The Grantee shall initiate project closeout within 30 days of the grant's termination date. At HUD's 44 option, the Grantee may delay initiation of project closeout until the resolution of any IIUD 45 monitoring findings. If I-M exercises this option, the Grantee must promptly resolve the findings. 46 6 .1 woo 1 4. The Grantee recognizes that the closeout process may entail review by HUD to determine compliance 2 with the grant agreement. The Grantee shall cooperate with any and all reviews which may include 3 maldng available records requested for on -site HUD inspection, 4 5 5. Within 30 days after the end date of the grant or any approved extension (revised end - date), the 6 following documents must be submitted by the Grantee to the HUD field office: 7 8 a. A certification of project completion which is a statement signed by the grantee. 9 10 b. A certification of compliance with all requirements of the grant agreement winich is a 11 statement signed by the grantee 12 13 c. Lola. Model and I <inanciaC Itetynrt (S -425) (ace Subnrticle P�, For FSS, the Grantee 14 submits a Logic Model and one SF -425 for the 12 -month period of the grant, This 15 submission also serves as the grant's final report which is a cumulative summary of 16 expenditures to date and must indicate the exact balance of unexpended funds. (The repot 17 shall cover the grant start date to the end of grant), When the final FIUD form SF -425 is 18 approved, the HUD field office will establish the amount clue to .HUD or cancel (recapture) 19 any unused grant funds as applicable, 20 21 6. When the HUD field office has determined to its satisfaction that the grant activities were completed 22 and all Federal requirements were satisfied, the IIUD field office will execute a closeout amendment 23 to the Grand Agreement with the Grantee. 24 25 7. The Closeout Agreement or clause will include the Grantee's agreement to abide by any continuing 26 Federal requirements. 27 28 S. Failure to submit the required financial report, logic model, or any required audit report; or to resolve 29 program, financial or audit issues, may result in a suspension or termination of any and/or all HUD 30 grant payments. 31 32 SUB - ARTICLE I1: DETA,ULT 33 34 1, Definition. A default under this Agreement shall consist of usinggrantfindsftr apurpose other 35 than as authorized by this agr^eenient; any noncompliance with legislative, regulatory, or other 36 requirements applicable to this Agreement; any other material breach of this Agreement; or any 37 material misrepresentation in the application submissions. 38 39 2. HUD I'relimvrary Determinntiorr of Default. If HUD makes an initial determination that the 40 Grantee is in default, FIUD will give the Grantee written notice of tbis determination and of the 41 corrective or remedial action the Grantee must take in order to avoid default. The Grantee shall have ----42— ttritit3th�r `sofgiibstlantialf-6ii —nd— — - - -- 43 data, that it is not in d4ruh, or that the proposed corrective or remedial action is inappropriate or 44 unnecessary, before HUD implements the remedial action. 45 46 3. If FIUD determines that there is all imtninont probability that the Grantee will continue to expend 47 grant funds contrary to this agreement. unless HUD takes immediate action, HUD may, at the time of 7 FORM I written default notification to the Grantee, order a remedial action appropriate to prevent such 2 expenditure. 3 4 4. Corrective or remedial actions that HUD may order under this Agreement include, but shall not be 5 limited to, the following: 6 7 a. Requiring the Grantee to prepare and follow a BBD approved schedule of actions and /or 8 a. plan for properly completing the activities approved under the grant; 9 10 b. Discontinuing drawdowns under LOCOS and prohibiting payment or reimbursement for 1'1 any grant activities or, if more appropriate, for only those activities affected by the 12 default; and 13 14 c. Requiring reimbursement by the Grantee to HUD for grant amounts used improperly. 15 16 5, Grantee Failure to Renrcd Default. Where 1IUD deterraines that remedial actions required by 17 IIM to be taken by the Grantee have not been undertaken as instructed, or will not be effective in is correcting the default and to prevent firther default, HUD may take the following additional 19 corrective and remedial actions under this Agreement: 20 21 a. Put a hold on draws from eLOCCS pending IIUD inauual review and approval of every 22 drawdown request and permit draws only on a reimbursement basis. 23 24 b. ,Suspend the Grantee's authority to make drawdowns for affected activitics for no more 25 than ninety (90) days pending action to cure the default and to prevent further default by 26 the Grantee, or pending final remedial action by HUD. 27 28 c, Reduce the grant in the amount affected by the default; 29 30 d. 'Terminate the grant and initiate closeout procedures; 31 32 e. Take action against the Grantee under 24 CrR Part 24 with respect to future FEUD or 33 Federal grant awards; 34 35 £ Require roinrbu semen' by the Grantee to HUD for grant amounts used improperly; and 36 37 g. Take any other remedial action legally available. 38 39 SUBARTICLE I. GRANT MODIFICATION 012 TERMINATION 40 BY AGR.EFMENT BETWEEN HUD AND GRANTEE 41 -- - - --42 - --- l:- -i41AD -and -the Grantee-may mutuatly agree -to-modifythis`agr-mttm Ts to- t9ine, cost, -of actKity uRfig 43 form %IUD -1044 in whole or in part, at any time. 44 45 2, HUD or the Grantee, in accordance with 2 CFR Part 200 may terminate the agreement for 46 convenience, after 30 days advance written notice, if it. is in the best interest of any of the parties. The 47 termination notice must specify the reason :for the termination action and the proposed effective date. 48 FOODINUI 1 2 SUB - ARTICLE J: DISPUTES 3 4 During the performance of this grant, disagreements may arise between the Grantee and I-IUD on various 5 issues, In accordance with 2 CFR 200,341, if a dispute concerning a question of fact arises, aller hearing 6 from the Grantee, the HUD Field Office Director shall prepare a final decision, taking into account all 7 facts and documentation presented, The decision shall be mailed to the Grantee. The Grantee may appeal 8 any decision by ,letter to the local IM Field Office Director, Public Rousing Division/office of Native 9 American Programs of the HUD office administering this Grant Agreement. The decision of the Fielcl. 10 Office Director shall be final, 11 12 ARTICLE III: GRANTEE PERFORMANCE 13 14 HUD will judge perforuance based upon whether the Grantee achieves the agreed upon activities within 15 grant time limits and within budget and whether the Grantee has produced tangible results through the 16 implementation of grant activities. 17 18 ARTICLEIV: GRANTEEMISREPM, ENTATION 19 20 The Grantee or any subcontractor to the Grantee bound, by this histrmnent who malces or causes to be 21 made a false statement, claim, or misrepresentation, which the Grantee or entitylusows or has reason to 22 know is false, may be imprisoned and/or fined in accordance with civil or criminal penalties and/or fines 23 applicable under law, including Title 18 of the United States Code (U.S,C.), Title 31, et red, (Program 24 Fraud Civil Remedies Act) and any other applicable provisions of Federal, State or local law. 25 80A -11 1 2 3 4 5 C 7 8 9 10 11 12 13 14 15 lb 17 18 WITNESS WHEROF, the parties have executed this Grant Agreement by their duly authorized signatories as of the date signed by both parties. Kc eenderI Executive Dir or DATE Housing Authority of the City of San Ana Marcie Chavez DATE Director, Office of Public Housing 10 80A -12 r Attorney on