2000-45
,.
" ,
., 1---"- ,.-;'
.
.
Z6ðG-C)<.fS
CONTRACT NUMBER 01 DB-79-06-45-02-C05
CFDA NUMBER 14.228
AGREEMENT
THIS AGREEMENT is entered into by and between the State of Florida, Department of Community Affairs
with headquarters in Tallahassee, Florida (hereinafter referred to as the "Department"), and the City of Clermont,
(hereinafter referred to as the "Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS:
A. WHEREAS, the Recipient represents that it is fully qualified, possesses the requisite skills, knowledge,
qualifications and experience to provide the services identified herein, and does agree to perform as described
herein, and"
B. WHEREAS, the Department determined that the Recipient has successfully competed for a Community
Development Block Grant (hereinafter referred to as "CDBG"), and
C. WHEREAS, the Department has authority pursuant to Florida law to disburse the funds under this
Agreement.
NOW, THEREFORE, the Department and the Recipient do mutually agree as follows:
(1) SCOPE OF WORK. The Recipient shall fully perform the obligations in accordance with the Budget and
Scope of Work, Attachment A of this Agreement.
(2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES. Both the Recipient and the
Department shall be governed by applicable State and Federal laws, rules and regulations, including but not
limited to those identified in Attachment B.
(3) PERIOD OF AGREEMENT. This Agreement shall begin upon the date last signed, and shall end
twenty-four (24) months after the date last signed, unless terminated earlier in accordance with the provisions of
paragraph (9) of this Agreement.
(4) MODIFICATION OF CONTRACT.
(a) Either party may request modification of the provisions of this Agreement pursuant to Rule Chapter
9B-43, Fla. Admin. Code. Changes that are mutually agreed upon shall be valid only when reduced
to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement.
(b) All refunds or repayments to be made to the Department under this Agreement are to be made
payable to the order of "Department of Community Affairs," and mailed directly to the Department at
the following address:
DEPARTMENT OF COMMUNITY AFFAIRS
SMALL CITIES CDBG PROGRAM
" 2555 SHUMARD OAK BOULEVARD
TALLAHASSEE, FLORIDA 32399-2100
(5) RECORD KEEPING.
(a)" If applicable, Recipient's performance under this Agreement shall be subject to 24 C.F.R. Part 85 or
OMB Circular No. A-110, "Grants and Agreements with Institutions of High Education, Hospitals, and
Other No"nprofit Organizations," and either OMB Circular No. A-a7, "Cost Principles for State and
Local Governments," OMB Circular No A-21 , "Cost Principles for Educational Institutions," or OMB
Circular No. A-122, "Cost Principles for Nonprofit Organizations."
Page 1 of 22
( .
.
", ,
.... j
.
.
(b) All original records pertinent to this Agreement shall be retained by the Recipient for three years
following the date of termination of this Agreement or of submission of the final close-out report,
whichever is later, with the following exceptions:
1. If any litigation, claim or audit started before the expiration of the three-year period and extends
beyond the three-year period, the records will be maintained until all litigation, claims or audit
findings involving the records have been resolved.
2. Records for the disposition of nonexpendable personal property valued at $1,000 or more at the
time of acquisition shall be retained for three years after final disposition.
3. Records relating to real property acquisition shall be retained for three years after closing of title.
(c) All records, including supporting documentation of all program costs, shall be sufficient to determine
compliance with the requirements and objectives of the Budget and Scope of Work, Attachment A,
and all other applicable laws and regulations.
(d) The Recipient, its employees or agents, including all subcontractors to be paid from funds under this
Agreement, shall allow access to its records at reasonable times to the Department, its employees,
and agents. "Reasonable" shall be construed according to the circumstances but ordinarily shall
mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday.
"Agents" shall include, but not be limited to, auditors retained by the Department.
(e) Any additional terms and conditions pertaining to record keeping are set forth in Attachment C and
all terms and conditions pertaining to property management and procurement under this Agreement
are set forth in Attachment H.
(6) REPORTS.
(a) At a minimum, the Recipient shall provide the Department with a close-out report and other reports
that may be required from time to time by the Department.
(b) The close-out report is due within 45 days of termination of this Agreement or upon completion of
the activities contained in this Agreement.
(c)" If all required reports and copies, prescribed above, are not sent to the Department or are not
completed in a manner acceptable to the Department, the Department may withhold further
payments until they are completed or may take such action as set forth in paragraph (9). The
Department may terminate the Agreement with a Recipient if reports are not received within 30 days
after written notice by the Department. "Acceptable to the Department" means that the work product
was completed in accordance with"generally accepted principles and is consistent with the Budget
and Scope of Work.
(d) Upon reasonable notice, the Recipient shall provide such additional program updates or information
as may be required by the Department. .
(e) The closeout report shall not be submitted prior to the completion of and acceptance by the recipient
of all non-administrative activities. At the time of submission of the closeout report, all construction
must be completed and accepted by the recipient. Any approval by architects, engineers,
rehabilitation specialist, building inspectors, code enforcement personnel, property owners, building
owners or occupants, or others whose approval is required must be obtained prior to submitting the
administrative closeout. All non-administrative invoices must be received and approved prior to
submission of the administrative closeout.
Page 2 of 22
r .
. ,C, j ,.
.'
t
.
.
(7) MONITORING.
The Recipient shall constantly monitor its performance under this Agreement to ensure that time
schedules are being met, the Budget and Scope of Work are being accomplished within specified time
periods, and other performance goals are being achieved. Such review shall be made for each function
or activity set forth in Attachment A to this Agreement.
(8) LIABILITY.
(a) Except as otherwise provided in subparagraph (b) below, the Recipient shall be solely responsible to
parties with whom it shall deal in carrying out the terms of this Agreement, and shall save the
Department harmless against all claims of whatever nature by third parties arising out of the
performance of work under this Agreement. For purposes of this Agreement, Recipient agrees that
it is not an employee or agent of the Department, but is an independent contractor.
(b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28, Fla. Stat., agrees
to be fully responsible for its negligent acts or omissions or tortious acts which result in claims or
. suits against the Department, and agrees to be liable for any damages proximately caused by said
acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any
Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a
state agency or subdivision of the State of Florida to be used by third parties in any matter arising
out of any contract.
(9) DEFAULT; REMEDIES; TERMINATION.
(a) If the necessary funds are not available to fund this agreement as a result of action by the
Legislature, the Office of the Comptroller or the Office of Management and Budget, or if any of the
following events occur ("Events of Default"), all obligations on the part of the Department to make
any further payment of funds hereunder shall, if the Department so elects, terminate and, the
Department may at its option exercise any of its remedies set forth herein, but the Department may
make any payments or parts of payments after the happening of any Events of Default without
thereby waiving the right to exercise such remedies, and without becoming liable to make any
further payment:
1. If any warranty or representation made by the Recipient in this Agreement or any previous
Agreement with the Department shall at any time be false or misleading in .any respect, or if the
Recipient shall fail to keep, observe or perform'any of the terms or covenants contained in this
Agreement or any previous agreement with the Department and has not cured such in timely
fashion, or is unable or unwilling to meet its obligations thereunder;
2. If any material adverse change shall occur in the financial condition of the Recipient at any time
during the term of this Agreement from the financial condition revealed in any reports filed or to
be filed with the Department, and the Recipient fails to cure said material adverse change within
thirty (30) days from the time the date written notice is sent by the Department;
3. If any reports required by this Agreement have not been submitted to the Department or have
been submitted with incorrect, incomplete or insufficient information;
4. If the Recipient has failed to perform and complete in timely fashion any of the services required
under the Budget and Scope of Work attached hereto as Attachment A.
(b) Upon the happening of an Event of Default, then the Department may, at its option, upon written
notice to the Recipient and upon the Recipient's failure to timely cure, exercise anyone or more of
the following remedies, either concurrently or consecutively, and the pursuit of anyone of the
following remedies shall not preclude the Department from pursuing any other remedies contained
herein or otherwise provided at law or in equity:
Page 3 of 22
, .
;'.,," ..
"
,
t
.
.
1. Terminate this Agreement, provided that the Recipient is given at least thirty (30) days prior
written notice of such termination. The notice shall be effective when placed in the United
States mail, first class mail, postage prepaid, by registered or certified mail-return receipt
requested, to the address set forth in paragraph (10) herein;
2. Commence an appropriate legal or equitable action to enforce performance of this Agreement;
3. Withhold or suspend payment of all or any part of a request for payment;
4. Exercise any corrective or remedial actions, to include but not be limited to, requesting additional
information from the Recipient to determine the reasons for or the extent of noncompliance or
lack of performance, issuing a written warning to advise that more serious measures may be
taken if the situation is not corrected, advising the Recipient to suspend, discontinue or refrain
from incurring costs for any activities in question or requiring the Recipient to reimburse the
Department for the amount of costs incurred for any items determined to be ineligible;
5. Exercise any other rights or remedies which may be otherwise available under law.
(c) The Department may terminate this Agreement for cause upon such written notice as is reasonable
under the circumstances. Cause shall include, but not be limited to, misrepresentation in the grant
application, misuse of funds; fraud; lack of compliance with applicable rules, laws and regulations;
failure to perform in a timely manner; and refusal by the Recipient to permit public access to any
document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as
amended.
(d) Suspension or termination constitutes final Department action under Chapter 120, Fla. Stat., as
amended. Notification of suspension or termination shall include notice of administrative hearing
rights and time frames.
(e) The Recipient shall return funds to the Department if found in noncompliance with laws, rules,
regulations governing the use of the funds or this Agreement.
(f) This Agreement may be terminated by the written mutual consent of the parties.
(g) Notwithstanding the above, the Recipient shall not be relieved of liability to the Department by virtue
of any breach of Agreement by the Recipient. The Department may, to the extent authorized by law,
withhold any payments to the Recipient for purpose of set-off until such time as the exact amount of
damages due the Department from the Recipient is determined.
(10) NOTICE AND CONTACT.
(a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery,
or first class, certified mail, return receipt requested, to the representative identified below at the
address set forth below and said notification attached to the original of this Agreement.
(b) The name and address of the Department contract manager for this Agreement is:
COMMUNITY PROGRAM ADMINISTRATOR
SMALL CITIES CDBG PROGRAM
2555 SHUMARD OAK BOULEVARD
TALLAHASSEE, FLORIDA 32399-2100
Page 4 of 22
. í'. ; .
" "
.
.
(c) The name and address of the Representative of the Recipient responsible for the administration of
this Agreement is:
WAYNE SAUNDERS, CITY MANAGER
Post Office Box 120219
Clermont, Florida 34712-0219
(d) In the event that different representatives or addresses are designated by either party after
execution of this Agreement, notice of the name, title and address of the new representative will be
rendered as provided in (10)(a) above.
(11) OTHER PROVISIONS.
(a) The validity of this Agreement is subject to the truth and accuracy of all the information,
representations, and materials submitted or provided by the Recipient, or any Participating Party in
this Agreement, in the Application, in any subsequent submission or response to Department
request, or in any submission or response to fulfill the requirements of this Agreement, and such
information, representations, and materials are incorporated by reference. The lack of accuracy
thereof or any material changes shall, at the option of the Department and with thirty (30) days
written notice to the Recipient and any Participating Party, cause the termination of this Agreement
and the release of the Department from all its obligations to the Recipient.
(b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions
arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any
applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null
and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any
other provision of this Agreement.
(c) No waiver by the Department of any right or remedy granted hereunder or failure to insist on strict
performance by the Recipient or any Participating Party shall affect or extend or act as a waiver of
any other right or remedy of the Department hereunder, or affect the subsequent exercise of the
same right or remedy by the Department for any further or subsequent default by the Recipient or
any Participating Party. Any power of approval or disapproval granted to the Department under the
terms of this Agreement shall survive the terms and life of this Agreement as a whole.
(d) The Agreement may be executed in any number of counterparts, anyone of which may be taken as
an original.
(e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42
U.S.C. Section 12101 et seq.), if applicable, which prohibits discrimination by public and private
entities on the basis of disability in the areas of employment, public accommodations, transportation,
State and local government services, and in telecommunications.
(f) A person or affiliate who has been placed on the convicted vendor list following a conviction for a
public entity crime may not submit a bid on a contract to provide any goods or services to a public
entity, may not submit a bid on a contract with a public entity for the construction or repair of a public
building or public work, may not submit bids on leases of real property to a public entity, may not be
awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with
a public entity, and may not transact business with any public entity in excess of Category Two for a
period of 36 months from the date of being placed on the convicted vendor list.
(12) AUDIT REQUIREMENTS.
(a) The Recipient agrees to maintain financial procedures and support documents, in accordance with
generally accepted accounting principles, to account for the receipt and expenditure of funds under
this Agreement.
Page 5 of 22
"
, t-, ,
.
.
(b) These records shall be available at all reasonable times for inspection, review, or audit by state
personnel and other personnel duly authorized by the Department. "Reasonable" shall be construed
according to circumstances, but ordinarily shall mean normal business hours of 8:00 a,m. to 5:00
p.m., local time, Monday through Friday.
(c) The Recipient shall also provide the Department with the records, reports or financial statements
upon request for the purposes of auditing and monitoring the funds awarded under this Agreement.
(d) The Recipient shall provide the Department with an annual financial audit report which meets the
requirements of Sections 11.45 and 216.349, Fla. Stat., and Chapter 10.550 and 10.600, Rules of
the Auditor General. If the contract amount is $300,000 or more, then the Recipient shall also
provide the Department with an annual financial report which meets the requirements of the Single
Audit Act of 1984,31 U.S.C. ss. 7501-7507, OMB Circular A-133 for the purposes of auditing and
monitoring the funds awarded under this Agreement. The funding for this Agreement was received
by the Department as a grant and aid appropriation,
1. The annual financial audit report shall include all management letters and the Recipient's
response to all findings, including corrective actions to be taken;
2. The annual financial audit report shall include a schedule of financial assistance specifically
identifying all Agreement and grant revenue by sponsoring Department and Agreement number.
3. The complete financial audit report, including all items specified in (12)(d) 1 and 2 above, shall
be sent directly to:
DEPARTMENT OF COMMUNITY AFFAIRS
Attn: Mark Nixon, Room 260D
SMALL CITIES CDBG PROGRAM
2555 SHUMARD OAK BOULEVARD
TALLAHASSEE, FLORIDA 32399-2100
(e) In the event the audit shows that the entire funds, or any portion thereof, were not spent in
accordance with the conditions of this Agreement, the Recipient shall be held liable for
reimbursement to the Department of all funds not spent in accordance with these applicable
regulations and Agreement provisions within thirty (30) days after the Department has notified the
Recipient of such noncompliance.
(f) The Recipient shall retain all financial records, supporting documents, statistical records, and any
other documents pertinent to this contract for a period of three years after the date of submission of
the final expenditures report. However, if litigation or an audit has been initiated prior to the
expiration of the three-year period, the records shall be retained until the litigation or audit findings
have been resolved.
(g) The Recipient shall have all audits completed by an independent certified public accountant (IPA)
who shall be either a certified public accountant or a public accountant licensed under Chapter 473,
Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above.
(h) The audit is due seven months after the end of the fiscal year of Recipient.
(i) An audit performed by the State Auditor General shall be deemed to satisfy the above audit
requirements.
(13) SUBCONTRACTS.
(a) If the Recipient subcontracts with a subrecipient as defined in 24 C.F.R. Part 570 any or all of the
work required under this Agreement, a copy of the executed subcontract must be forwarded to the
Page 6 of 22
.'
, . . ". ,
.
.
Department within ten (10) days after execution of that subcontract. The Recipient agrees to include
in the subcontract that (i) the subcontractor is bound by all applicable state and federal laws and
regulations, and (ii) the subcontractor shall hold the Department and Recipient harmless against all
claims of whatever nature arising out of the subcontractor's performance of work under this
Agreement, to the extent allowed and required by law.
(b) The Recipient will monitor the activities of any subrecipient pursuant to the requirements in 24 CFR
Part 570 and HUD Handbook, "Managing CDBG, A Guidebook for Subrecipients Oversight," dated
August 1993.
(14) TERMS AND CONDITIONS. The Agreement contains all the terms and conditions agreed upon by the
parties.
(15) ATTACHMENTS.
(a) All attachments to this Agreement are incorporated as if set out fully herein.
(b) In the event of any inconsistencies or conflict between the language of this Agreement and the
attachments hereto, the language of such attachments shall be controlling, but only to the extent of
such conflict or inconsistency.
(c) This Agreement has the following attachments:
Attachment A - Budget and Scope of Work
Attachment B - Program Statutes & Regulations
Attachment C - Record Keeping
Attachment D - Copyright, Patent and Trademark
Attachment E - Statement of Assurances
Attachment F - Property Management & Procurement
Attachment G - Special Conditions
(16) FUNDING/CONSIDERA TION.
(a) The funding for this Agreement shall not exceed $600,000.00, subject to the availability of funds.
(b) Any advanced payment under this Agreement is subject to s. 216,181 (15), Fla, Stat. The amount
which may be advanced is subject to Rule Chapter 9B-43, Fla. Admin. Code, 24 C.F.R. Part 85,24
C.F.R. Part 570, Federal OMB Circular A-87, A-110, A-122, and the Cash Management
Improvement Act of 1990.
(c) All funds shall be requested on forms provided by the Department for that purpose.
(17) STANDARD CONDITIONS. The Recipient agrees to be bound by the following standard conditions:
(a) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an
annual appropriation by the Legislature, and subject to any modification in accordance with Chapter
216, Fla. Stat.
(b) If otherwise allowed under this Agreement, extension of an Agreement for contractual services shall
be in writing for a period not to exceed six (6) months and shall be subject to the same terms and
conditions set forth in the initial Agreement. There shall be only one extension of the Agreement
unless the failure to meet the criteria set forth in the Agreement for completion of the Agreement is
due to events beyond the control of the Recipient.
(c) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient
for a proper pre-audit and post-audit thereof.
Page 7 of 22
"
. . , ,'. ,
.
.
(d) If otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted in
accordance with s, 112.061, Fla. Stat.
(e) The Department of Community Affairs reserves the right to unilaterally cancel this Agreement for
refusal by the Recipient to allow public access to all documents, papers, letters or other material
subject to the provisions of Chapter 119, Fla, Stat., and made or received by the Contractor!
Recipient in conjunction with the Agreement.
(f) The State of Florida will not intentionally award publicly-funded contracts to any contractor who
knowingly employs unauthorized alien workers, constituting a violation of the employment provisions
contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act
("INA")]. The Department shall consider the employment by any contractor of unauthorized aliens a
violation of Section 274A(e) of the INA.. Such violation by the Recipient of the employment
provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this
Agreement by the Department.
(18) LOBBYING PROHIBITION. No funds or other resources received from the Department in connection
with this Agreement may be used directly or indirectly to influence legislation or any other official action by the
Florida Legislature or any state agency. The Recipient certifies, by signature to this Agreement, that to the best
of his or her knowledge and belief:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress
in connection with the awarding of any federal contract, the making of any Federal grant, the making
of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement.
b, If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with this Federal
contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard
Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
c. The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.This certification is a material representative of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person
who fails to file the required certification shall be subject to a civil penalty of not less than $10,000
and not more than $100,000 for each such failure.
(19) COPYRIGHT, PATENT AND TRADEMARK. If applicable to this Agreement, refer to Attachment D for
terms and conditions relating to copyrights, patents and trademarks.
(20) LEGAL AUTHORIZATION. The Recipient certifies with respect to this Agreement that it possesses the
legal authority to receive the funds to be provided under this Agreement and that, if applicable, its governing
body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all
covenants and assurances contained herein. The Recipient also certifies that the undersigned possesses the
authority to legally execute and bind Recipient to the terms of this Agreement.
(21) ASSURANCES. The Recipient shall comply with any Statement of Assurances incorporated as
Attachment E.
Page 8 of 22
.'
. . , '-. ;
.
.
(22) VENDOR PAYMENTS. Pursuant to Section 215.422, Fla. Stat., the Department shall issue
reimbursement payments to Recipients within 40 days after receipt of an acceptable invoice and receipt,
inspection, and acceptance of goods and/or services provided in accordance with the terms and conditions of
the Agreement. Failure to issue the warrant within 40 days shall result in the Department paying interest at a
rate as established pursuant to Section 55.03(1), Fla. Stat. The interest penalty shall be paid within 15 days
after issuing the warrant. Vendors experiencing problems obtaining timely payment(s) from a state Department
may receive assistance by contacting the Vendor Ombudsman at (904) 488-2924 or by calling the State
Comptroller's Hotline at 1-800-848-3792.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned
officials as duly authorized,
RECIPIENT:
STATE OF FLORIDA
DEP MENT OF COMMUNITY AFFAIRS:
By:
By: ~~~#fÞ~
~ Signature
Name and Title:
Lena A. Price, Bureau Chief
Division of Housing and Community Development
Date: ( 41::1 I þ-Ø
Date: \\"'\~-ra
Federal Employer I.D.S9... lJ[Xy').;l9C)
Page 9 of 22
RECIPIENT: City of Clermont
CONTRACT NUMBER: 01 DB- 79-06-45-01-C05
1
2
ATTACHMENT A
PROGRAM BUDGET AND SCOPE OF WORK
4 5 6 7 8
9
10
11
~
ACTIVITY ACCOMPLISHMENTS BENEFICIARIES BUDGET .
NUMBER DESCRIPTION UNIT NUMBER LMI VLI TOTAL CDBG AMOUNT .OTHER FUNDS .SOURCE # PROG.lNC,
13 ADMINISTRATION ",:1 ,,& ~!i: I;;:: $48,000.00
16 ENGINEERING mIII!« ¡m~nTITIm ~~n¡¡¡m n ,m~ rnnOOHI $80,100.00 1
006 Sidewalks and Pedestrian Malls LF 2550 1045 N/A 1849 $520,000.00 $144,900.00 1
006 Relocation of Utilities to Underground LF 2000 1045 N/A 1849 $32,000.00
-.
m:~[JTI ~.~ :m ¡¡M¡ m~¡ïl¡ U II] [JIll.] [l¡1IìgjUííæ
TOTALS $600,000.00 $225,000.00 $0.00
3
'" SOURCES AND AMOUNTS OF "OTHER FUNDS" (COLUMN 9 & 1 0 ABOVE)
1.City of Clermont $225,000.00 5. $,
2. $ 6. $,
3. $ 7. $,
4. $ 8. $.
., ,
.
.
ATTACHMENT B
PROGRAM STATUTES AND REGULATIONS
A. This Agreement and the CDBG Program are governed by the following statutes and regulations:
1. Community Development Block Grant, Final Rule,
24 C.F.R., Part 570
2. Florida Small and Minority Business Act, s. 288.702- 7.
288.714, F.S. 8,
3. Florida Coastal Zone Protection Act, s, 161.52- 9.
161.58, F.S.
4, Local Government Comprehensive Planning and
Land Development Regulation Act, Ch, 163, F,S.
5. Title I of the Housing and Community Development
Act of 1974, as amended
6. Treasury Circular 1075 regarding drawdown of
CDBG funds
Sections 290.0401-290.049, F.S.
Rule Chapter 9B-43, Fla. Admin. Code.
Department of Community Affairs Technical
Memorandums
10. HUD Circular Memorandums applicable to the Small
Cities CDBG Program
11. Single Audit Act of 1984
B. Additional program provisions governing this Agreement are:
(1) The Recipient agrees that future changes in applicable laws, rules, and regulations governing the Federal
and local CDBG program are applicable to this Agreement on their effective dates, or in the case of Fla.
Admin. Code, Rule Chapter 9B-43, upon dissemination by the Department of a Technical Memorandum
so advising recipients. Failure of the Recipient to acknowledge receipt shall not invalidate this provision.
(2) The Department shall review the Recipient's performance periodically to determine whether the Recipient
has substantially completed its program as described in the approved Application and this Agreement in
accordance and compliance with the requirements of s. 290.041-290.049, Fla. Stat., as amended, Fla,
Admin. Code, Rule Chapter 9B-43, as amended from time to time, and other applicable state and federal
laws and regulations. Training and technical assistance shall be provided by the Department, within limits
of staff time and budget, upon written request by the Recipient and/or upon a determination by the
Department of Recipient need.
(3) The Recipient shall allow the Department to carry out monitoring, evaluation, and technical assistance and
shall assure the cooperation of its employees, subrecipients and subcontractors during such activities.
(4) If at any time after the effective date of this Agreement, the Department determines that an activity to be
funded is not eligible pursuant to Fla. Admin. Code, Rule Chapter 9B-43, 24 C.F,R. Part 5io or any
subsequent federal regulation which supersedes it, the Department may unilaterally amend this
Agreement to delete the ineligible activity and deobligate any unencumbered funds attributable to the
ineligible activity. Any funds expended on an activity subsequently deemed ineligible shall be repaid to the
Department within '30 days of receipt of a request from the Department for said repayment, provided that
any activities which become ineligible solely as a result of a change in state or federal regulations, shall
not result in funds expended prior to the change in regulations having to be repaid to the Department.
(5) In the event that the Department suspends funding pursuant to the provisions of this Agreement, said
suspension shall take effect as of the receipt of the notice of said suspension by the Recipient. Any
requests for payment for which the Department has not yet disbursed payment shall be subject to said
suspension.
(6) Should the Recipient fail to enforce the .provisions of any promissory note, mortgage, security agreement,
or other obligation in any written contract with a beneficiary, contractor, agent, or subrecipient who
received payment or benefit from funds disbursed under this Agreement, the Department may, with thirty
Page 11 of 22
. . ,
", '
.
.
days (30) written notice to the Recipient, automatically substitute itself for the Recipient in said written
contract for the purpose of enforcing said written contract and may, at its discretion, continue to
administer said Participating Party Agreement or written contract.
(7) The Application as it existed after the completeness period is made a part of this contract by reference.
(8) If the Recipient has not submitted an audit report in accordance with OMB Circular.A-133 within the time
frame specified in paragraph 12(h) of this Agreement, a 15-point score reduction will be assessed against
any subsequent application received for each failure to timely submit a required audit report pursuant to
Fla, Admin. Code, Rule 9B-43.006(6)(a).
(9) The Recipient, its employees, and agents, shall maintain records and supporting documents as prescribed
in 24 C.F.R. Section 570.490(b), "Unit of general19cal government records"; 24 C.F.R. Section
570.490(c), "Access to records"; Fla. Admin, Code, Rule 9B-43.014(12); and 24 C.F.R. Part 85. These
records shall be maintained at a readily accessible site within the jurisdiction and under the jurisdiction's
control.
(10) If the Recipient has not submitted a closeout package as provided in Fla. Admin. Code, Rule 9B-
43.006(6)(c), as such rule may be amended from time to time, a 5-point score reduction will be
assessed against any subsequent application received.
(11) Program Income is defined in 24 C.F.R. Section 570.489(e). Pursuant to 24 C.F.R. Section
570.489(e)(2)(ii)(C), program income retained by a Recipient must be substantially disbursed before
requesting additional funds from the Department.
(12) The Recipient must report any program income on hand from this or any other CDBG grant on the semi-
annual program income report,
(13) The Recipient may only retain program income for the purpose of continuing the same activity from
which the program income was derived. Any progré\m income retained must be expended prior to the
submission of an administrative closeout package. The same activity is defined as, "additional units,
identified in the application, of the same eligible activity with the same direct beneficiaries to be
undertaken and completed prior to submission of an administrative closeout package." In the housing
category, the Recipient may complete additional eligible housing rehabilitation prior to submission of an
administrative closeout package if an amendment approving such housing rehabilitation is approved in
writing by the Department.
(14) All Recipient or Subrecipient contracts for which CDBG is in any part a funding source, shall contain
language to provide for termination with reasonable costs to be paid by the Recipient for eligible contract
work completed prior to the date the notice of suspension of funding was received by the Recipient. Any
cost incurred after a notice of suspension or termination is received by the Recipient may not be funded
with CDBG funds unless previously approved in writing by the Department consistent with 24 C.F.R.
Part 85. All subrecipient contracts shall contain provisions for termination for cause or convenience and
shall provide for the method of payment in such event.
(15) All amendments requiring prior Department approval must be submitted 45 days prior to the end of the
contract and must be approved in writing by the Department prior to the Recipient's submission of a
closeout package. Any closeout package received prior to the written approval of said amendment is
considered void ab initio, and is not considered a closeout package for the purposes of eligibility or
potential penalty issues related to closeout.
Page 12 of 22
. "
". '
.
.
(16) Submission of inaccurate information by the Recipient in monitoring report responses; audit or audit
finding responses; closeout, program income, or other required reports; or Requests for Funds that
result in subsequent official Department action based on that inaccurate information (such as the
granting of administrative or final closeout status, releasing funds, or clearing findings) may, at the
option of the Department, subject the Recipient to one or more of the following remedies:
(a)
Revocation of the official Department action(s) predicated on that report or submission, e.g.,
revocation of closeout status, audit clearance, monitoring report clearance, etc.
(b)
Such other actions as provided in Fla. Admin. Code, Rule Chapter 9B-43, based on the revocation
of any official action taken by the Department which was predicated on the incorrect information.
(c)
In the case of an administrative closeout status, it would result in the nullification of the eligibility of
the Recipient to apply for and receive additional CDBG funding in accordance with Section
290.046(2)(c)(i), Fla. Stat. Such revocation of administrative closeout status would also affect
subsequent Department actions made on that basis, and could include the cancellation of any
subsequent grant awards and repayment by the Recipient of any grant funds previously expended
under the nullified grant contract.
(17) Funds expended for otherwise eligible activities prior to the effective date of this Agreement, except for
those provided for in this contract or prior to the effective date of the enabling amendment wherein the
Department agrees to their eligibility, fundability, or addition to this Agreement, are ineligible for funding
with CDBG funds.
(18) An administrative closeout package shall contain the submissions detailed in Fla. Admin. Code, Rule
9B-43.014(8) and be dated and executed by the chief elected official or the previously established
designee of that chief elected official. Should the closeout package be incomplete, illegible, or
unsigned, it will be considered void ab initio and is not considered a closeout package for purposes of
eligibility or potential penalty issues related to closeout.
(19) Pursuant to Fla. Admin. Code, Rule 9B-43.03(25), the minimum score within the fundable range for the
application cycle and category in which this Agreement is funded shall be established by the publication
and distribution of the Final Ranking After Appeals. Any amendment which would reduce the score
below the fundable range shall not be approved by the Department.
(20) Pursuant to 24 C.F.R. Section 570.489(b), those pre-agreement costs reflected in the grant application
as originally submitted that relate to preparation of the grant application are considered eligible costs
and may be reimbursed to the Recipient, if they are otherwise in compliance with all other requirements
of this contract.
(21) If the Recipient fails to meet the accomplishments reflected in the application and this contract,
penalties shall be assessed against future applications pursuant to Rule 9B-43.006(6), Fla. Admin.
Code.
(22) Any amendment requiring Department prior written approval must be submitted to the Department 45
days prior to the end of the contract or a 15-point penalty shall be assessed against any future grant
application pursuant to Rule 9B-43.014(6).
(23) Any amendment requiring Department prior written approval which impacts a Closeout Package must
be received 45 days prior to submission of that closeout package or a 15-point penalty shall be
assessed against any future grant application pursuant to Rule 9B-43,014(6).
Page 13 of 22
.. ,
.
.
ATTACHMENT C
RECORD KEEPING
A. If applicable, Recipient's performance under this Agreement shall be subject to 24 C.F,R. Part 85,
"Administrative Requirements for Grants and Cooperative Agreements to State, Local, and Federally
Recognized Indian Tribal Governments" or OMB Circular No. A-110, "Grants and Agreements with Institutions
of High Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-8?, "Cost
Principles for State and Local Governments," OMB Circular No. A-21, "Cost Principles for Educational
Institutions," or OMB Circular No. A-122, "Cost Principles for Nonprofit Organizations." If this Agreement is
made with a commercial (for-profit) organization on a cost-reimbursement basis, the Recipient shall be subject
to Federal Acquisition Regulations 31,2 and 931.2.
B. All original records pertinent to this Agreement shall be retained by the Recipient for three years following the
date of termination of this Agreement or of Department approval of the final close-out report, whichever is
later, with the following exceptions:
1. If any litigation, claim or audit is started before the expiration of the five-year period and extends beyond
the three-year period, the records will be maintained until all litigation, claims or audit findings involving the
records have been resolved.
2. Records for the disposition of non-expendable personal property valued at $1,000 or more at the time of
acquisition shall be retained for three years after final disposition.
3, All records relating to real property acquisition shall be retained for three years following final closeout or
until the period for retention of relevant displacement records has expired, whichever is appropriate.
4. Records relating to displaced persons or businesses shall be retained for three years following final
closeout or resolution of all claims and litigation, whichever comes last.
C. All records, including supporting documentation of all program costs, shall be sufficient to determine
compliance with the requirements and objectives of the Budget and Scope of Work - Attachment A - and all
other applicable laws and regulations.
D. The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds
provided under this Agreement, shall allow access to its records at reasonable times to the Department, its
employees, and agents. "Reasonable" shall be construed according to the circumstances but ordinarily shall
mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents"
shall include, but not be limited to, auditors retained by the Department.
Page 14 of 22
" .
.
..
ATTACHMENT D
COPYRIGHT, PATENT AND TRADEMARKS
A. If the Recipient brings to the performance of this Agreement a pre-existing patent or copyright, the Recipient
shall retain all rights and entitlements to that pre-existing patent of copyright unless the Agreement provides
otherwise.
B. If any discovery or invention arises or is developed in the course of or as a result of work or services performed
under this Agreement, or in any way connected herewith, the Recipient shall refer the discovery or invention to
the Department for a determination whether patent protection will be sought in the name of the State of Florida.
Any and all patent rights accruing under or in connection with the performance of this Agreement are hereby
reserved to the State of Florida. In the event that any books, manuals, films, or other copyrightable materials are
produced, the Recipient shall notify the Department. Any ad all copyrights accruing under or in connection with
the performance under this Agreement are hereby reserved to the State of Florida.
C. Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all intellectual properties
relevant to the performance of this Agreement which he or she knows or should know could give rise to a patent
or copyright. The Recipient shall retain all rights and entitlements to any pre-existing intellectual property which
is so disclosed. Failure to disclose will indicate that no such property exists. The Department shall then, under
Paragraph (b), have the right to all patents and copyrights which occur during performance of the Agreement.
Page 15 of 22
". '
.
.
ATTACHMENT E
STATEMENT OF ASSURANCES
The Recipient hereby assures and certifies that:
A. It possesses legal authority to enter into this agreement, and to execute the proposed program.
B. Its governing body has duly adopted or passed as an official act a resolution, motion or similar action
authorizing the filing of the application, including all understandings and assurances contained therein, and
directing and authorizing the Recipient's chief executive officer to act in connection with the application and to
provide such additional information as may be required.
C. No member of or delegate to the Congress of the United States, and no Resident Commissioner, shall be
admitted to any share or part of this agreement or to any benefit to arise from the same. No member, officer,
or employee of the Recipient, or its designees or agents, no member of the governing body of the locality in
which the program is situated, and no other public official of such locality or localities who exercises any
functions or responsibilities with respect to the program during his tenure or for one year thereafter, shall have
any interest direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed
in connection with the program assisted under this agreement. The Recipient shall incorporate or cause to be
incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the
purposes stated above,
D. It has complied with the requirements of the State of Florida Intergovernmental Coordination and Review
process and that either:
(1) Any comments and recommendations made by or through clearinghouses are attached and have been
considered prior to submission of the application; or
(2) Required procedures were followed and no comments or recommendations were received prior to
submission of the application.
E. It has facilitated or will facilitate citizen participation by:
(1) Providing citizens with an opportunity to participate in the determination of priorities in community
development and housing needs;
(2) Providing adequate notices for two public hearings; and
(3) Holding two hearings on the proposed application before adoption of a resolution or similar action by the
local governing body authorizing the signing of the application,
F. Its chief executive officer or other officer of Recipient approved by the State:
(1) Consents to assume the status of a responsible Federal official under the National Environmental Policy
Act of 1969 (NEPA) and other provisions of Federal law, as specified in 24 CFR 58, which furthers the
purposes of NEPA, insofar as the provisions of such Federal law apply to the CDBG Program; and
(2) Is authorized and consents on behalf of the Recipient and himself to accept the jurisdiction of the Federal
courts for the purpose of enforcement of his responsibilities as such an official.
Page 16 of 22
". '
.
.
G. The Community Development program has been developed so as to give maximum feasible priority to
activities which will benefit low and moderate income families, or aid in the prevention or elimination of slums
or blight. (The requirement for this certification will not preclude the State from approving an application
where the Recipient certifies, and the State determines, that all or part of the community development
program activities are designed to meet other community development needs having a particular urgency as
specifically explained in the application.)
H. It will comply with the regulations, policies, guidelines and requirements of 24 CFR 85, OMB Circulars A-87,
A-110, and A-122 as they relate to the application, acceptance, and use of Federal funds under this
document.
I.
It will comply with:
(1) Section 110 of the Housing and Community Development Act of 1974, as amended, 24 CFR Section
570.605, and State regulations regarding the administration and enforcement of labor standards;
(2) The provisions of the Davis-Bacon Act (40 USC 276 a-5) with respect to prevailing wage rates (except for
projects for the rehabilitation of residential properties of fewer than eight units) and HUD Handbook 1344,
as revised;
(3) Contract Work Hours and Safety Standards Act of 1962,40 USC 327 et seq., requiring that mechanics
and laborers (including watchmen and guards) employed on federally assisted contracts be paid wages of
not less than one and one-half times their basic wage rates for all hours worked in excess of forty hours in
a work week; and
(4) Federal Fair Labor Standards Act, 29 USC s. 201 et seq., requiring that covered employees be paid at
least the minimum prescribed wage, and also that they be paid one and one-half times their basic wage
rates for all hours worked in excess of the prescribed work-week.
J. It will comply with all requirements imposed by the State concerning special requirements of law, program
requirements, and other administrative requirements, approved in accordance with 24 CFR 85.
K. It will comply with:
(1) Title VI of the Civil Rights Act of 1964 (PL 88-352), and the regulations issued pursuant thereto (24 CFR
1), which provides that no person in the United States shall on the grounds of race, color, or national
origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination under any program or activity for which the Recipient receives Federal financial assistance
and will immediately take any measures necessary to effectuate this assurance. If any real property or
structure thereon is provided or improved with the aid of Federal financial assistance extended to the
Recipient, this assurance shall obligate the Recipient, or in the case of any transfer of such property, any
transferee, for the period during which the real property or structure is used for a purpose for which the
Federal financial assistance is extended, or for another purpose involving the provision of similar services
or benefits; .
(2) Title VIII of the Civil Rights Act of 1968 (PL 90-284), as amended, administering all programs and activities
relating to housing and community development in a manner to affirmatively further fair housing; and will
take action to affirmatively further fair housing in the sale or rental of housing, the financing of housing,
and the provision of brokerage services;
(3) Executive Order 12259, Leadership and Coordination of Fair Housing in Federal Programs, requiring that
programs and activities relating to housing and urban development be administered in a manner
affirmatively to further the goals of Title VIII of the Civil Rights Act of 1968;
Page 17 of 22
". '
.
.
(4) Section 109 of the Housing and Community Development Act of 1974, as amended, and the regulations
issued pursuant thereto (24 CFR Section 570.601), which provides that no person in the United States
shall, on the grounds of race, color, national origin, or sex, be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under, any program or activity funded in whole or in part with
funds provided under the Act;
(5) Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 or with
respect to otherwise qualified handicapped individuals as provided in Section 504 of the Rehabilitation Act
of 1973 and 24 CFR 8;
(6) Executive Order 11063 on equal opportunity in housing and nondiscrimination in the sale or rental of
housing built with Federal assistance;
(7) Executive Order 11246 as amended by Executive Orders 11375 and 12086, and the regulations issued
pursuant thereto (24 CFR 130 and 41 CFR 60), which provide that no person shall be discriminated
against on the basis of race, color, religion, sex or national origin in all phases of employment during the
performance of federal or federally assisted construction contracts; affirmative action to insure fair
treatment in employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or
termination, rates of payor other forms of compensation; and election for training and apprenticeship; and
(8) Executive Order 12898 on environmental justice.
L. It will comply with Section 3 of the Housing and Urban Development Act of 1968, as amended, requiring that
to the greatest extent feasible opportunities for training and employment be given to lower-income persons
residing within the unit of local government in which the project is located; and that contracts for work in
connection with the project be awarded to eligible business concerns which are located in, or owned in
substantial part by, persons residing within the unit of local government.
M. It will:
(1) Comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as
amended, as required under 24 CFR Section 570.488 and Federal implementing regulations at 49 CFR
24; the requirements in 24 CFR Section 570.488 governing the residential anti-displacement and
relocation assistance plan under section 104(d) of the Act (including a certification that the Recipient is
following such a plan); the relocation requirements of 24 CFR Section 570,488 governing optional
relocation assistance under section 1 05(a)(11) of the Act; and HUD Handbook 1378, as revised.
(2) Inform affected persons of their rights and of the acquisition policies and procedures set forth in the
regulations at 49 CFR 24 and 24 CFR Section 570.488.
N. It will:
(1) Comply with Title II (Uniform Relocation Assistance) of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 and HUD implementing regulations at 49 CFR 24 and 24 CFR
Section 570.488;
(2) Provide relocation payments and offer relocation assistance as described in Section 205 of the Uniform
Relocation Assistance Act to all persons displaced as a result of acquisition of real property for an activity
assisted under the CDBG Program. Such payments and assistance shall be provided in a fair and
consistent and equitable manner that insures that the relocation process does not result in different or
separate treatment of such persons on account of race, color, religion, national origin, sex, or source of
income;
Page 18 of 22
'~ '
.
.
(3) Assure that, within a reasonable period of time prior to displacement, comparable decent, safe and
sanitary replacement dwellings will be available to all displaced families and individuals and that the range
of choices available to such persons will not vary on account of their race, color, religion, national origin,
sex, or source of income; and
(4) Inform affected persons of the relocation assistance, policies and procedures set forth in the regulations at
49 CFR 24 and 24 CFR Section 570.488.
O. It will establish safeguards to prohibit employees from using positions for a purpose that is or gives the
appearance of being motivated by a desire for private gain for themselves or others, particularly those with
whom they have family, business, or other ties pursuant to s. 112.313 and s,112.3135, Fla., Stat. and 24 CFR
Section 570.489.
p, It will comply with the Anti-kickback (Copeland) Act of 1934, 18 USC s. 874 and 40 USC s. 276a, which
outlaws and prescribes penalties for "kickbacks" of wages in federally financed or assisted construction
activities.
Q. It will comply with the provisions of the Hatch Act, which limits the political activity of employees.
R. It will give the State, HUD and the Comptroller General, through any authorized representatives, access to
and the right to examine all records.
S. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the
accomplishment of the program are not listed on the Environmental Protection Agency's (EPA) list of Violating
Facilities and that it will notify the State of the receipt of any communication from the Director of the EPA
Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by
the EPA.
T. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster
Protection Act of 1973. Pub. L. 93-234, 87 s. 975, approved December 31,1973. Section 103(a) required, on
and after March 2,1974, the purchase of flood insurance in communities where such insurance is available
as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for
use in any area that has been identified by the Secretary of the Department of Housing and Urban
Development as an area having special flood hazards. The phrase "Federal financial assistance" includes
any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or
any other form of direct or indirect Federal assistance.
U. It will require every building or facility (other than a privately owned residential structure) designed,
constructed, or altered with funds provided under this Part to comply with the "Uniform Federal Accessibility
Standards," (UFAS) which is Appendix A to 41 CFR Section 101-19.6 for general type buildings and Appendix
A to 24 CFR 40 for residential structures. The Recipient will be responsible for conducting inspections to
ensure compliance with these specifications by the contractor.
V. It will, in connection with its performance of environmental assessments under the National Environmental
Policy Act of 1969, comply with Section 106 of the National Historic Preservation Act of 1966 (16 USC 470),
Executive Order 11593,24 CFR 800, and the Preservation of Archaeological and Historical Data Act of 1966
(16 USC 469a-1, et seq.) by:
(1) Consulting with the State Historic Preservation Officer to identify properties listed in or eligible for inclusion
in the National Register of Historic Places that are subject to adverse effects (36 CFR Section 800.8) by
the proposed activity; and
(2) Complying with all requirements established by the State to avoid or mitigate adverse effects upon such
properties.
Page 19 of 22
". '
.
W. It will comply with:
(1) The National Environmental Policy Act of 1969 (42 USC
s. 4321 et seq.) & 24 CFR 58
(2) Executive Order 11988, Floodplain Management
(3) Executive Order 11990, Protection of Wetlands
(4) The Endangered Species Act of 1973, as amended (16
USC s. 1531 et seq.)
(5) The Fish & Wildlife Coordination Act of 1958, as
amended, (16 USC s. 661et seq.)
(6) The Wild & Scenic Rivers Act of 1968, as amended, (16
USC s. 1271 et seq.)
(7) The Safe Drinking Water Act of 1974, as amended, (42
USC s. 300f et seq.)
(8) Section 401 (f) of the Lead-Based Paint Poisoning
Prevention Act, as amended (42 USC s. 4831(b) et seq,)
(9) The Clean Air Act of 1970, as amended (42 USC s. 7401
et seq.)
(10) The Federal Water Pollution Control Act of 1972, as
amended (33 USC s. 1251 et seq.)
(11) The Clean Water Act of 1977 (PL 95-217)
(12) The Solid Waste Disposal Act, as amended by the
Resource Conservation & Recovery Act of 1975 (42 USC s.
901 et seq.)
.
(13) Noise Abatement & Control: Departmental Policy
Implementation Responsibilities & Standards, 24 CFR 51,
Subpart B .
(14) Flood Disaster Protection Act of 1973, PL 93-234
(15) Protection of Historic & Cultural Properties under HUD
Programs, 24 CFR 59
(16) Coastal Zone Management Act of 1972, PL 92-583
(17) Executive Order 11593, Protection & Enhancement of
the Cultural Environment
(18) Architectural & Construction Standards
(19) Architectural Barriers Act of 1968, 42 USC4151
(20) Executive Order 11296, relating to evaluation of flood
hazards
(21) Executive Order 11288, relating to the prevention,
control & abatement of water pollution
(22) Cost-Effective Energy Conservation Standards,
24 CFR 39
(23) Section 8 Existing Housing Quality Standards,
24 CFR 882
(24) Reservoir Salvage Act
(25) Farmland Protection Policy Act of 1981.. and
(26) Coastal Barrier Resources Act of 1982
(X) It will comply with all parts of Title I of the Housing and Community Development Act of 1974, as amended,
which have not been cited previously as well as with other applicable laws.
(Y) It will abide by the provisions of s. 116.111, Fla. Stat., pertaining to nepotism in its performance under this
agreement.
(Z) The Recipient will include the provisions outlined in s. 287.055 and 287.058, Fla. Stat., when negotiating
contracts for services.
(AA) It has adopted and is enforcing a policy prohibiting the use of excessive force by law enforcement agencies
within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations, and has
adopted and is enforcing a policy of enforcing applicable State and federal laws against physically barring
entrance or exit from a facility or location which is the subject of such nonviolent civil rights demonstration
within its jurisdiction in accordance with section 519 of Public Law 101-140 of the 1990 HUD Appropriations
Act.
(BB) It will comply with Section 319 of PL 101-121, as provided in the "Governmentwide Guidance for New
Restrictions on Lobbying; Interim Final Guidance" published in the December 20, 1989 Federal Register,
. which prohibits recipients of federal contracts or grants from using appropriated funds for lobbying in
connection with a grant or contract, and requires that each person who requests or receives a federal
contract or grant, and their subrecipients, disclose lobbying undertaken with non-federal funds (See
Attachment D).
(CC) It will expend a minimum of 70% of the aggregate of CDBG funds for activities that meet the provisions of 24
CFR Section 570.484(a) for benefitting low and moderate income persons.
(DD) It will comply with Section 102 of the HUD Reform Act of 1989 and with 24 CFR 12.
(EE) It will comply with Department Technical Memorandums relating to the CDBG Program.
(FF) It will comply with HUD Circular Letters appropriate to the Small Cities CDBG Program,
Page 20 of 22
'! .
.
.
ATTACHMENT F
PROPERTY MANAGEMENT AND PROCUREMENT
A. The Recipient shall comply with procurement standards prescribed in 24 C.F.R. Section 85.36; Rule 9B-
43.014(1), Fla. Admin, Code, as it may be amended from time to time; and relevant state and local laws
applicable to the procurement of supplies, equipment, construction, and services.
B. The Recipient shall comply with uniform standards governing the utilization of property prescribed in 24
C.F.R. Part 85 and in 24 C.F.R. Part 570.
Page 21 of 22
': .
.
.
City of Clermont
Commercial Revitalization Category
ATTACHMENT G
SPECIAL CONDITIONS
PRE-AWARD REQUIREMENTS:
1) This Agreement shall be executed by the Recipient and returned to the Department at its offices at 2555
Shumard Oak Boulevard, Florida, 32399-2100 within thirty (30) days after receipt, in accordance with Fla. Admin.
Code, Rule 9B-43.014(2). All time periods in this Agreement refer to calendar days. After receipt by the Department
of the signed Agreement and those submissions required in paragraph two (2) of this Attachment G, the Department
will execute this Agreement and return an original to the Recipient.
2) The Recipient must satisfy the following provisions prior to the execution of this Agreement by the
Department, but in any case, no later than thirty (30) days from the date of execution of this Agreement by the
Recipient:
A) Develop, subject to the approval of the Department, detailed Work Plans for each activity to be
funded as described in the Application. The Work Plans shall indicate the proposed dates of starting and
completing each of the various activities of this Agreement, including but not limited submitting plans,
specifications, and bid documents to the Department (if required); issuing notices to proceed to contractors;
three intermediate dates for completion of portions of the activities (Le., 33%, 66%, and 100% completion);
and submission of the administrative closeout package. Pursuant to OMB Circular A-87, Attachment B,
Paragraph 32, funds obligated or expended on activities prior to the effective date of this Agreement are
ineligible for reimbursement except those expenses to comply with the requirements of 24 C.F.R. Part 58
and for the application preparation cost detailed in the application. The Department reserves the option of
rejecting Work Plans wherein the time frames are not realistic, where proposed funding time frames are at
great variance with proposed completion of activities, or where the Work Plans are not sufficient in detail;
B) Submit to the Department the completed Civil Rights Profile Form (attached) to facilitate the
Department's civil rights review;
C) Submit to the Department documentation of the establishment a separate non-interest bearing
checking account ("the CDBG operating account") for the purpose of this grant. Funds will be dispatched by
the Department directly to the CDBG operating account. Three copies with original signatures of the
Signature Authorization Form included shall be returned to the Department. Each individual who is a
signatory on the CDBG operating account must be bonded. This condition is waived if the Recipient elects
in writing to conduct its grant on a one hundred percent reimbursement basis and so certifies to the
Department; and
(D) Submit to the Department an initial Form HUD 2880, or its equivalent, pursuant to Section 102(b) of
the Department of Housing and Urban Development Reform Act of 1989 (42 U.S.C. 3531).
PRIOR TO EXPENDING MORE THAN $5,000 ON ADMINISTRATION OR WITHIN 90 DAYS:
3) Prior to the obligation or disbursement of any funds, except for administrative expenses not to exceed Five
Thousand Dollars ($5,000), but in any case, no later than ninety (90) days from the effective date of this Agreement,
the Recipient shall undertake the following:
A) Comply with procedures set forth in 24 C.F.R. Part 58, Environmental Review Procedures for Title I
Community Development Block Grant Programs and 40 C.F.R. Section 1500-1508, National Environmental
Policy Act Regulations. When this condition has been fulfilled to the satisfaction of the Department, the
Department will issue a Notice of Removal of Environmental Conditions;
B)
Should the Recipient be undertaking any activity subject to the Uniform Relocation Assistance and
22
': .
.
.
Real Property Acquisition Policies Act of 1970 (URA), as amended, the Recipient shall document
completion of the notice requirements provided in HUD Handbook 1378, Change 4. A non-exhaustive list of
activities that would trigger this requirement at this stage of the contract would be proposed temporary
relocation of tenants, acquisition of property, acquisition of easements, proposed demolition of housing
units, or displacement;
C) If the Recipient is undertaking the installation of sewage collection lines, the Recipient shall provide
to the Department a copy of an adopted local policy which will require that all households shall connect to a
publicly owned or investor owned sewage system, fully or partially constructed with CDBG funds within 365
days or some lesser period after notification that such a system is available pursuant to Section
381.00655(1), Fla. Stat. (1995), and that all households shall be so notified. The cost of connecting
structures to sewer lines or providing those lines on private property, except as provided for in this
Agreement, shall not be eligible for funding under this Agreement. Documentation of notification shall be
done prior to the submission of the administrative closeout and failure to provide such notification shall be a
basis for the Department's rejection of said administrative closeout;
D) If special assessments or impact fees are to be charged to each household that is to be hooked up
to the sewage system, document the source of those funds and that they are dedicated to the project for the
purpose of funding said special assessments or impact fees;
E) Unless the Recipient has received a letter from the Department approving its procurement policy,
the Recipient shall amend the policy to address the Department's review comments and submit to the
Department a copy of the amended policy, including documentation of adoption; and
F)
The documentation required in paragraph 5 below for any professional services contract.
PRIOR TO EXPENDITURE OF FUNDS FOR ARCHITECTURE OR ENGINEERING SERVICES:
4) The Recipient shall not expend any CDBG funds for architectural or engineering services until the
Department has received the information required in paragraph 5 relating to architectural and engineering services.
WITHIN FIVE DAYS OF CONTRACTING FOR PROFESSIONAL SERVICES:
5) For each procured and executed professional services contract for which CDBG funding will be requested,
or within five (5) days of the execution of any yet to be procured professional services for which CDBG funding will
be requested, submit a £Q.Qï of the following procurement documents:
A) Public notice of the terms of the request for proposals in a newspaper of regional circulation,
including affidavit of publication;
B) .
C)
List of entities to whom a notification of the request for proposals was provided by mail or by fax;
List of firms which submitted a proposal (only if short-listing procedure was used);
D) Completed short-listing evaluation I ranking forms, including any ranking summary document, and
document transmitting the short-listed firms to the commission (only if short-listing procedure used);
E)
F)
Completed final evaluation I ranking forms;
Portion of commission minutes dealing with contract award;
G) Cost breakout from selected firm used for completion of the cost analysis (if pricing information was
not submitted with proposals);
H)
I)
Contract (signed or proposed);
Truth-in-Negotiation certification (if not in the contract) for engineering contracts over $60,000;
23
. .'
" .
.
.
J)
If a protest was filed, a copy of the protest and documentation of resolution;
K) A request for the Department's approval of a single source procurement if only one firm was
considered and the contract exceeds $25,000;
L) If a regional planning council or local government is performing the services, submit only a copy of
the contract and cost analysis information; and
M)
If a professional services procurement will not be undertaken, so advise the Department.
PRIOR TO EXPENDING MORE THAN $15,000 IN ADMINISTRATION:
6) The Recipient shall, prior to the disbursement of any CDBG administrative funds exceeding $15,000,
undertake the following:
A) Provide to the Department a copy of all engineering specifications and construction plans for the
activities described in the Agreement. The Recipient shall also furnish the Department, prior to soliciting
bids or proposals, a copy of all bid documents for all services and/or materials to provide those services
and/or materials for all construction activities when the bids are expected to exceed $25,000. These
submissions are for the limited purpose of identifying the extent of the activities to be accomplished with
CDBG funds under this Agreement, and in no way does it indicate that the Department has reviewed or
approved the plans or bids; and
B) The Recipient shall not publicize any request for bids for construction purposes or distribute bid
packages until the Department has provided to the Recipient, written acceptance of the engineering
specifications, construction plans, and bid documents.
ADMINISTRATIVE REMINDERS:
7) The Recipient shall obtain approval from the Department prior to obligating CDBG funds for any engineering
activities and costs related thereto under Attachment D to the Farmers Home Administration (FmHA) engineering
fee schedule. The Department will not reimburse or fund engineering activities or costs which are not eligible under
the FmHA fee schedule and Chapter 9B-43, Fla. Admin. Code.
8) No expense to be paid with CDBG funds pursuant to this Agreement may be incurred prior to the effective
date of this Agreement, except as provided for in paragraph 4(A) of this Attachment G and except for those eligible
application preparation costs outlined in the terms of this application, as received by the Department on or before
the application deadline. Funds expended for otherwise additional eligible activities prior to the effective date of
this Agreement or prior to the effective date of the enabling amendment wherein the Department agrees to their
eligibility or addition to the Agreement are ineligible for funding or reimbursement.
9) The Recipient, by executing this Agreement, does thereby certify that there will be no program income
generated as a result of this grant. However, should program income be inadvertently generated, it will be returned
to the Department within three working days of receipt of said program income. Program income is defined in
accordance with 24 C.F.R. Section 570.489(e) without regard to any excluded amount.
10) The Recipient shall annually undertake an activity to affirmatively further fair housing pursuant to 24 C.F.R.
Section 570.487(b)(4). Annually shall be defined as an activity for each year or one-third thereof from the effective
date of the contract to the date of submission of the administrative closeout.
11) The Recipient shall expend and/or document the expenditure of the minimum amount of funds that is
adequate to justify the points claimed in the Application on Form CDBG-C-4 as it may have been amended through
the completeness process and as reflected on Attachment A of this Agreement. Except for the CDBG portion of the
cost of post-administrative closeout audits, all funds claimed for leverage shall be expended prior to submission of
the administrative closeout. Local private, public, grant, loan, or other non-CDBG funds shall be expended
concurrently and proportionately with the expenditure of CDBG funds for the same activity. The expenditure of
leverage funds shall be documented as if they were CDBG funds. The documentation of the expenditures shall be
reviewed by the Department prior to the approval of administrative closeout.
24
'I'
.
.
I t
12) The Recipient shall not enter into a contract to be paid with CDBG funds based on a sole source or single
proposer procurement action without prior written approval from the Department. Failure to secure the prior written
approval shall relieve the Department of any obligation to fund the said procurement contract. Any previous
payments to the Recipient to fund said contract shall be ineligible and shall be repaid to the Department by the
Recipient.
13) The resulting product of any activity funded under this Agreement as amended shall be ineligible for
rehabilitation or replacement with CDBG funds for a period of five (5) years.
14) A deed restriction shall be recorded on any real property or facility acquired with CDBG funds. This
restriction shall limit the use of that real property or facility to the use stated in the Application and that title shall
remain in the name of the Recipient. Such deed shall be made a part of the public records in the Clerk of Court of
the County in which the Recipient is located. Any future disposition of that real property shall be in accordance with
24 C.F.R. Section 85.31. Any future change of use shall be in accordance with 24 C.F.R. Section 570.4890).
15) The Recipient shall conduct all public hearings relating to this Agreement and performance thereunder in a
location that is accessible to physically handicapped persons or make such accommodations as necessary to
provide for active participation of handicapped persons desirous of attending such public hearings.
16) The Recipient shall only request amendments to the Agreement relating to activities reflected on Form
CDBG-C-5(10) and within the Service Area(s) defined in the Application, as amended during the completeness
process, if appropriate. All amendments for CDBG funding of activities reflected on Form CDBG-C-5(10) but not on
Attachment A to this Agreement must be approved by the Department in writing prior to the date of initiation of that
activity or the execution of any contract with any third party relating to such activity.
17) Pursuant to Section 1 02 (b) of the Department of Housing and Urban Development Reform Act of 1989 (42
U.S.C. 3531), the Recipient shall update and submit Form HUD 2880 to the Department within 30 days of the
Recipient's knowledge of changes in situations which would require that updates be prepared. The Recipient must
disclose:
(A) All developers, contractors, consultants, or engineers involved in the application or in the
planning, development, or implementation of the project or CDBG funded activity; and
(B) Any person or entity who has a financial interest in the project or activity that exceeds
$50,000 or ten percent (10%) of the grant, whichever is lower.
18) A final Form HUD 2880 shall be provided to the Department with the request for administrative closeout,
and its absence or incompleteness shall be cause for rejection of the administrative closeout and assessment of any
penalties which otherwise would have occurred.
19) If the Recipient will be expending CDBG funds for the rehabilitation of commercial buildings, the Recipient
must prepare, and subsequent to the Department's approval, adopt procedures for providing rehabilitation
assistance to building units occupied by businesses through the Rehabilitation of Commercial Buildings activity
before requesting funds for that activity, except as provided in Rule 9B-43.013(1)(e), Fla Admin. Code. The
procedures shall include at a minimum, but not be limited to, the following:
(A) Restrict the Rehabilitation of Commercial Buildings activity to those commercial buildings
within the project area pursuant to 24 C.F.R. Section 570.202(3) and Fla. Admin. Code, Rule 9B-43. Further, no
funds shall be used to fund expenditures eligible under 24 C.F.R. Section 570.203(b). The Recipient shall require
that the building owners receiving the rehabilitation assistance maintain records of expenditures that accurately and
readily reflect compliance with this requirement;
(B) Require that all businesses to receive rehabilitation assistance provide services which are
available to all the residents of the service area in order to meet the national objective of benefitting low and
moderate income persons;
(C)
Specify the terms and conditions under which the rehabilitation assistance will be provided;
25
',' c
.
.
.
.
(D) Provide that all buildings to be rehabilitated, except as provided in Rule 9B-43.013(1)(e),
Fla. Admin. Code, will be occupied at the time the assistance is provided or subject to a bona fide lease agreement
such that the building will be occupied prior to closeout. The occupant shall be a legally constituted business with
proper business, sales tax, and occupational licenses in force;
(E)
Provide that all contracts for rehabilitation will comply with the Davis-Bacon Act.
(F) Provide that any business residing in a building addressed with CDBG funds as part of this
Agreement shall comply with the provisions of Section 504 of the Rehabilitative Act of 1973 (29 U.S.C. Section 794)
as it relates to employment discrimination and facility accessibility;
(G) Provide that after rehabilitation under this Agreement has been completed, all buildings
addressed with CDBG funds will be in compliance with all local and state building codes and standards in those code
violation areas addressed with CDBG funds as a result of the Application;
(H) Provide that no building owner, lessor, lessee, tenant, or occupant, or employee or
immediate relative of the same, either personally or corporately, shall serve as a contractor or sub-contractor to be
paid with CDBG funds for the rehabilitation of said building, nor shall they be paid for their own labor with CDBG
funds for the rehabilitation of said building;
(I) Establishes a process for recognizing potential conflicts of interest, making those conflicts
publicly known, dealing with those conflicts on a local level, and requesting waivers of those conflicts when
appropriate pursuant to 24 C.F.R. Section 570.489 and Chapter 112.311-112.3143, F.S.;
(J) Establishes a process for final acceptance of a contractor's work on any grant funded
activity and a process for final inspection of a commercial structure after rehabilitation before the local government
considers the rehabilitation completed;
(I<) Provides the process that will be used to solicit contractors and assist a beneficiary in
reviewing the contractor's performance; .
(L) Provides that appropriate abatement procedures will be undertaken should lead-based paint
be found on a property scheduled for rehabilitation; and.
(M) The Recipient shall comply with the historic preservation requirements of 24 C.F.R. 58.17
and the Secretary of the Interior's Standards for Rehabilitation and Guidelines for RehabilitatinQ Historic BuildinQs.
20) Conflicts of interest relating to procurement shall be addressed pursuant to 24 C.F.R. Section 570.489(g).
Conflicts of interest relating to acquisition or disposition of real property; CDBG financial assistance to beneficiaries,
businesses, or other third parties; or any other financial interest, whether real or perceived, shall be addressed
pursuant to 24 C.F.R. Section 570.489(h). All procurement actions shall be conducted pursuant to 24 C.F.R.
Section 85.36 and Rule 98-43, Fla Admin. Code.
21) The Recipient shall maintain records of. its expenditure of funds from all sources that will allow accurate and
ready comparison between the expenditures and the contracted budget line items by contracted activity as defined'
on Attachment A and on the Work Plans required in paragraph 2(A) of this Attachment G.
22) CDBG funds may shall only be expended on activities inside the designated project area and on activities
that are contiguous to or located on property which is utilized for non-residential use as of application deadline.
Unimproved properties upon which or adjacent to which CDBG activities are undertaken shall not be zoned for
residential purposes only.
23) Any payment by the Recipient for acquisition of any property, right-of-way, or easement that exceeds fair
market value as determined through the appraisal process established in HUD handbook 1378 shall be approved in
writing by the Department prior to distribution of the funds. Should the Recipient fail to obtain Department pre-
approval, any portion of the cost of the acquisition exceeding Fair Market Value shall not be paid or reimbursed with
CDBG funds.
26
~ . ,
'0' ,
.
.
I I.
24) The Recipient shall take photographs or video of all activity locations prior to initiating any construction. As
the construction progresses, additional photography or video work shall be done to document the ongoing
improvements. Upon completion of construction, a final set of photographs or video of the activity locations will be
done. Copies of the photographs or video will be provided to the Department with the administrative closeout.
25) If an activity is designed by an engineer, architect, or other licensed professional, it shall be certified upon
completion by a licensed professional as meeting the specifications of the design, as may have been amended by
change orders. The date of completion of construction shall be noted as pa.rt of the certification. This certification
shall be accomplished prior to submission of an administrative closeout package, and a copy of the certification
shall be submitted with the administrative closeout package.
CONTRACT SPECIFIC SPECIAL CONDITIONS:
None
27
., ,
" 4IÞ
DEPART. OF COMMUNITY AFFAIRS SMALL CITIES CDBG PROGRAM
ACTIVITY WORK PLAN
RECIPIENT
City of Clermont
DATE PREPARED
11/13/00
CONTRACT NO, 01DB.79.06-45-O1.C05
ACTIVITY BUDGET $
48.000.00
(for this activity.only)
Activity Number of Proposed Beneficiaries Proposed Activity
I for this activity only Units
Name Administration
N/A N/A N/A
Number 13 Total LMI VLI N/A N/A
Service Area # N/A No. of Units Type of Units
Date Start Date End . Describe Proposed Action to be Undertaken or Contract # Units to be Proposed $$
(month & (month & Special Condition Clearance Documentation Completed to be
year) year) to be Submitted by "Date End" by "Date Requested
End" by "Date
End"
12/00 02/01 Submit Request for Release of Funds & Environmental N/A 5,500.00
Conditions
12/00 02/01 Submit documentation to clear Special Condition Numbers N/A 0
01/01 02/01 Submit documentation to clear Special Condition Numbers N/A 5,500.00
03/01 03/01 Implement Program N/A 0
04/01 04/01 Implement Program N/A 5,500.00
05/01 06/01 Implement Program N/A 0
07/01 07/01 Implement Program N/A 6,500.00
08101 08/01 Implement Program N/A 0
09/01 10/01 Implement Program N/A 6,500.00
11/01 11/01 Implement Program N/A 0
12/01 01/02 Implement Program N/A 6,500.00
02102 03/02 Implement Program N/A 0
04/02 05/02 Implement Program N/A 6,000.00
06/02 07/02 Implement Program N/A 0
08102 09/02 Implement Program N/A 6,000.00
10/02 11/02 Implement Program N/A 0
12/02 01/03 Submit Administrative Closeout N/A 0
Revised 4/96
ACTIVITY BUDGET TOTAL_$ 48.000.00
(must equal Activity Budget in the heading of this form)
2
'. ,
, .
'DEPART. OF COMMUNITY AFFAIRS SMALL CITIES CDBG PROGRAM
ACTIVITY WORK PLAN
RECIPIENT
City of Clennont
DATE PREPARED
11/13/00
CONTRACT NO.
01 DB-79-O6-45-O1-C05
ACTIVITY BUDGET $
32.000.00
(for this activity only)
Activity Number of Proposed Beneficiaries Proposed Activity
I for this. activity only Units
Name Relocating Utilities to Underground 2000 LF
Number 006 1849 1045 NIA No. of Units Type of Units
Service Area # Total LMI VlI
Date Start Date End Describe Proposed Action to be Undertaken or Contract # Units to be Proposed $$
(month & (month & Special Condition Clearance Documentation Completed to be
year) year) to be Submitted by "Date End" by "Date Requested
End" by "Date
End"
12/00 02/01 Submit Request for Release of Funds & Environmental 0 0
Conditions
12/00 02/01 Submit documentation to clear Special Condition Numbers 0 0
01/01 02/01 Solicit for Contract with Engineer 0 0
02/01 03/01 Obtain Wage Decision 0 0
04/01 05/01 Final Design & Review by DCA 0 0
06/01 07/01 Permitting / Advertising for Bids 0 0
08/01 08/01 Receive Bids 0 0
09101 10/01 Verification of Contractor Eligibility 0 0
11/01 12/01 Preconstruction Conference Issue NTP 0 8,000.00
01/02 02/02 Construction Phase 1 0% Complete 0 0
03/02 03/02 Construction Phase 33% Complete 500 8,000.00
04/02 05/02 Construction Phase 50% Complete 500 8,000.00
06/02 07/02 Construction Phase 67% Complete 500 4,000.00
08/02 09/02 Construction Phase 90% Complete 500 4,000.00
10/02 10/02 Final Inspection I Punchlist 0 0
11/02 11/02 Construction Complete 0 0
12/02 01/03 Submit Administrative Closeout 0 0
Revised 4/96
ACTIVITY BUDGET TOTAL $ 32.000.00
(must equal Activity Budget in the heading of this form)
2
..,
- .
.. DEPARTI8T OF COMMUNITY AFFAIRS SMALL CI11ES CDBG PROGRAM
ACTIVITY WORK PLAN
RECIPIENT
City of Clermont
DATE PREPARED
11/13/00
CONTRACT NO.
01 DB.79-O6-45-O1-C05
ACTIVITY BUDGET $
520.000.00
(for this activity only)
Activity Number of Proposed Beneficiaries Proposed Activity
Name Sidewalks & Pedestrian Ma"~ for this activity only Units
2550 LF
Number 006 1849 1045 N(A No. of Units Type of Units
Service Area # Total LMI VLI
Date Start Date End Describe Proposed Action to be Undertaken or Contract # Units to be Proposed $$
(month & (month & Special Condition Clearance Documentation Completed to be
year) year) to be Submitted by "Date End" by "Date Requested
End" by "Date
End"
12/00 02/01 Submit Request for Release of Funds & Environmental 0 0
Conditions
12/00 02/01 Submit documentation to clear Special Condition Numbers 0 0
01(01 02/01 Solicit for Contract with Engineer 0 0
02/01 03/01 Obtain Wage Decision 0 0
04/01 05/01 Final Design & Review by DCA 0 0
06/01 07/01 Permitting / Advertising for Bids 0 0
08/01 08101 Receive Bids 0 0
09(01 10(01 Verification of Contractor Eligibility 0 0
11/01 12/01 Preconstruction Conference Issue NTP 0 0
01/02 02/02 Construction Phase 10% Complete 0 100,000.00
03/02 03/02 Construction Phase 33% Complete 510 80,000.00
04/02 05/02 Construction Phase 50% Complete 510 90,000.00
06/02 07/02 Construction Phase 67% Complete 510 90,000.00
08102 09/02 Construction Phase 90% Complete 510 80,000.00
10/02 10102 Final Inspection / Punch list 510 80,000.00
11/02 11/02 Construction Complete 0 0
12/02 01/03 Submit Administrative Closeout 0 0
Revised 4/96
ACTIVITY BUDGET TOTAL $ 520,000.00
(must equal Activity Budget in the heading of this form)
2
.
'.,
.
http:,a.WhitehOuse.gOY/OMB/Circularsla133/a133.bun!
, ...
... -attic: of Management and Budget
THE WHITE HOUSE
OMB Circular A-Ì33
HelD Site MaD Text Only
.
0IIk..t .."
....Ia..ItM.
Circular No. A-133 - Revised June 24, 1997
Audits of States, Local Governments, and Non-Profit
Organizations
lAccomoanvin2 Federal Resrlster Materials - Audits of States. Local Governments. and
Non-Profit Ornnizations June 30. 1997)
TO THE HEADS OF EXECUTIVE DEP AR 1MENTS AND ESTABLISHMENTS
SUBJECT: Audits of States, Local Governments, and Non-Profit Organizations
1. Purpose. This Circular is issued pursuant to the Single Audit Act of 1984, P .L. .98-502, and
the Single Audit Act Amendments of 1996, P .L. 104-156. It sets forth standards for obtaining
consistency and uniformity among Federal agencies for the audit of States, local governments,
and non-profit orgøni7JIrions expending Federal awards.
2. Authority. Circular A-133 is issued under the authority of sections 503, 1111, and 7501 et
seq. of title 31, United States Code, and Executive Orders 8248 and 11541.
3. Rescission and Supenession. This Circular rescinds Circular A -128, "Audits of State and
Local Governments," issued April 12, 1985, arid supersedes the prior Circular A-I33, "Audits of
Institutions of Higher Education and Other Non-Profit Institutions," issued April 22, 1996. For
effective dates, see paragraph 10.
4. Policy. Except as provided herein, the standards set forth in this Circular shall be applied by
all Federal agencies. If any statute specifically prescribes policies or specific requirements that
differ from the standards provided herein, the provisions of the subsequent statute shall govern.
Federal agencies shall apply the provisions of the sections of this Circular to non-Federal
entities, whether they are recipients expending Federal awards received directly from Federal
awarding agencies, or are subrecipients expending Federal awards received from a pass-through
entity (a recipient or another subrecipient). .
This Circular does not apply to non-U.S. based entities expending Federal awards received
cither directly as a recipient or indirectly as a subrecipient.
5. Dermitions. The definitions of key terms used in this Circular are contained in § .105 in
the Attachment to this Circular. -
6. Required Action. The specific requirements and responsibilities of Federal agencies and
non-Federal entities are set forth in the Attachment to this Circular. Federal agencies making
awards to non-Federal entities, either directly or indira:tly, shall adopt the language in the
Circular in codified regulations as provided in Section 10 (below), unless different provisions
are required by Federal statute or are approved by the Office of Management and Budget
1 of30
7fJ.O/00 12:56 PM
..
-, Otiice 'of Management and Budget
.
http:/e.Whitehouse.goV/OMB/circularslaI33/aI33.html
(OMB).
7. OMB Responsibilities. OMB will review Federal agency regulations and implementation of
this Circular, and will provide interpretations of policy requirements and assistance to ensure
uniform, effective and efficient impiementation.
8. Information Contact. Further information concerning Circular A-133 may be obtained by
contacting the Financial Standards and Reporting Branch, Office ofFedera1 Financial
Management, Office of Management and Budget, Washington, DC 20503, telephone (202)
395-3993.
9. Review Date. This Circular will have a policy review three years ftom the date of issuance.
10. Effective Dates. The standards set forth in §_.400 of Ule Attachment to this Circular,
which apply directly to Federal agencies, shall be effective July 1, 1996, and shall apply to
audits of fiscal years beginning after June 30, 1996, except as otherwise specified in
§_.400(a).
The standards set forth in this Circular that Federal agencies shall apply to non-Federal entities
shall be adopted by F edera1 agencies in codified regulations not later than 60 days after
publication of this final revision in the Federal Register, so that they will apply to audits of
fiscal years beginDing after June 30, 1996, with the exception that §_.305(b) of the
Attachment applies to audits of fiscal years beginning after June 30, 1998. The requirements of
Circular A-128, although the Circular is rescinded, and the 1990 version of Circular A-133
remain in effect for audits of fiscal years beginning on or before June 30, 1996.
Franklin D. Raines
Director
Attachment
PART- -AUDITS OF STATES, LOCAL GOVERNMENTS, AND NON-PROFIT
ORGANIZA nONS
Subcart A--General
Sec.
-.1 00 Purpose.
_.105 Definitions.
Subcart B--Audits
_.200 Audit requirements.
_.205 Basis for determining Federal awards expended.
_.210 Subrecipient and vendor determinations.
_.215 Relation to other audit requirements.
_.220 Frequency of audits.
.225 Sanctions.
-.230 Audit costs.
=.235 Program-specific audits.
Subcart C--Auditees
_.300 Auditee responsibilities.
.305 Auditor selection.
-.310 Financial statements.
2 of30
7flO/00 12:56 PM
. Office of Management and Budget
.
http:8w.Whitehouse.gOY/OMB/Circu1arslaI33/aI33.hbnl
_.315 Audit findings follow-up.
_,320 Report submission.
Subpart D--Federal A2encies and Pass- Throu2h Entities
_.400 Responsibilities.
_.405 Management decision.
Subpart E-- Auditors
_.500 Scope of audit.
_.505 Audit reporting.
_.510 Audit findings.
_.515 Audit working papers.
_.520 Major program determination.
_.525 Criteria for Federal program risk.
_,530 Criteria for a low-risk auditee.
Appendix A to Part- - Data Collection Form (Form SF-SAC).
Appendix B to Part - - Circular A-133 Compliance Supplement.
Subpart A-General
§_.IOO Purpose.
This part sets forth standards for obtaining consistency and uniformity among Federal agencies
for the audit of non-Federal entities expending Federal awards.
§_.105 Definitions.
Auditee means any non-Federal entity that expends Federal awards which must be audited
under this part. Auditor means an auditor, that is a public accountant or a Federal, State or local
government audit organization, which meets the general standards specified in generally
accepted government auditing standards (GAGAS). The term auditor does not include internal
auditors of non-profit organ17'~tions.
Audit fmding means. deficiencies which the auditor is required by §_.510(a) to report in the
schedule of findings and questioned costs.
CFDA number means the number assigned to a Federal program in the Catalog of Federal
Domestic Assistance (CFDA).
Cluster of programs means a grouping of closely related programs that share common
compliance requirements. The types of clusters of programs are research and development
(R&D), student financial aid (SF A), and other clusters. "Other clusters" are as defined by the
Office of Management and Budget (OMB) in the compliance supplement or as designated by a
State for Federal awards the State provides to its subrecipients that meet the definition of a
cluster of programs. When designating an "other cluster," a State shall identify the Federal
awards included in the cluster and advise the subrecipients of compliance requirements
applicable to the cluster, consistent with §_.400(d)(I) and §_.400(d)(2), respectively. A
cluster of programs shall be considered as one program for detennining major programs, as
described in § .520, and, with the exception ofR&D as described in §_.200(c), whether a
program-specific audit may be elected.
Cognizant agency for audit means the Federal agency designated to carry out the
3 of30
7fJ.O/OO 12:56 PM
. Office of Management and Budget
.
http:/..Whitehouse.gOV/OMB/CircularslaI33/aI33.html
responsibilities described in §_AOO(a).
Compliance supplement refers to the Circular A-133 Compliance Supplement, included as
Appendix B to Circular A-133, or ~ùCh documents as-OMB or its designee may issue to replace
it. This document is available ftom the Government Printing Office, Superintendent of
Documents, Washington, DC 20402-9325.
Corrective action means action taken by the auditee that:
( I) Corrects identified deficiencies;
(2) Produces recommended improvements; or
(3) Demonstrates that audit findings are either invalid or do not warrant auditee action.
Federal ågency has the same meaning as the tenn agency in Section 551(1) of title 5, United
States Code.
Federal award means Federal financial assistam:e and Federal cost-reimbursement contracts
that non-Federal entities receive directly from Federal awarding agencies or indirectly from
pass-through entities. It does not include procUI'f'ment contracts, un4ef grants or contracts, used
to buy goods or services from vendors. Any audits of such vendors shall be covered by the
terms and conditions of the contract. Contracts to operate Federal Government owned,
contractor operated facilities (ooCDs) are excluded from th~ requirements of this part.
Federal awarding agency means the Federal agency that provides an award directly to the
recipient. .
Federal rmandal assistance means assistance that non-Federal entities receive or administer in
the form of grants, loans, loan guarantees, property (including donated surplus property),
cooperative agreements, interest subsidies, insmance, food commodities, direct appropriations,
and other assistance, but does not include amounts received as reimbursement for services
rendered to individuals as described in §_.205(h) and §_.205(i).
Federal program means:
(1) All Federal awards to a non-Federal entity assigned a single number in the CFDA.
(2) When no CFDA number is assigned, all Federal awards from the same agency made for the
same purpose should be combined and considered one program.
(3) Notwithstanding paragraphs (I) and (2) of this definition, a cluster of programs. The types of
clusters of programs are:
(i) Research and development (R&D);
(ii) Student financial aid (SF A); and
(iii) "Other clusters," as described in the definition of cluster of programs in this section.
GAGAS means generally accepted government auditing standards issued by the Comptroller
General of the United States, which are applicable to financial audits.
Generally accepted accounting principles has the meaning specified in generally accepted
auditing standards issued by the American Institute of Certified Public Accountants (AlCP A).
Indian tribe means any Indian tribe, band, nation, or other organized group or community, .
4 of 30
7f1.0/00 12:56 PM
. .
hn8vw. whitehouse.gov/OMB/circularsla 133/a 133 .hnnl
Otfi~e of Management and BUdget.
including any Alaskan Native village or regional or viHage corporation (as defined in, or
established under, the Alaskan Nativ~ Claims Settlement Act) that is recognized by the United
States as eligible for the special programs and services provided by the United States to Indians
because of their status as Indians.
Internal control.means a process, effected by an entity's management and other personnel,
designed to provide reasonable assurance regarding the achievement of objectives in the
following categories:
(1) Effectiveness and efficiency of operations;
(2) Reliability o~financial reporting; and
(3) Compliance. with applicable laws and regulations.
Internal control pertaining to the compliance requirements for Federal programs (Internal
control over Federal programs) means a process-effected by an entity's 111anagement and other
personnel-designed to provide reasonable assurance regarding the achievement of the following
. objectives for Federal programs:
(1) Transactions are properly recorded and accounted for to:
(i) Pennit the preparation of reliable financial statements and Federal reports;
(ü) Maintain accountability over assets; and
(iii) Demonstrate compliance with laws, regulations, and other compliance requirements;
(2) Transactions are executed in compliance with:
(i) Laws, regulations, and the provisions of contracts or grant agreements that could have a
direct and JDaterial effect on a Federal program; and
(ü) Any other laws and regulations that are identified. in the compliance supplement; and
(3) Funds, property, and other assets are safeguarded against loss from unauthorized use or
disposition.
Loan means a Federal loan or loan guarantee received or administered by a non-Federal entity.
Local government means any unit of local government within a State, including a county,
borough, municipality, city, town, township, parish, local public authority, special district,
school district, intrastate district, council of governments, and any other instrumentality of local
government.
Major program means a Federal program determined by the auditor to be a major program in
accordance with §_0520 or a program identified as a major program by a Federal agency or
pass-through entity in accordance with §_0215(c).
Management decision means the evaluation by the Federal awarding agency or pass-through
entity of the audit findings and corrective action plan and the issuance of a written decision as to
what corrective action is necessary.
Non-Federal entity means a State, local government, or non-profit organization.
Non-profit organization means:
5 of30
7120/00 12:56 PM
. Office of Management and Budget
.
http:/..Whitehouse.gOV/OMB/CircularslaI33/aI33.html
( 1) any corporation, trust, association, cooperative, or Qther organization that:
(i) Is operated primarily for scientific, educational, service, charitable, or similar purposes in the
public interest; .
(ii) Is not organized primarily for profit; and
(iii) Uses its net proceeds to maintain, improve, or expand its operations; and
(2) The term non-profit organization includes non-profit institutions of higher education and
hospitals. .
OMB means the Executive Office of the President, Office of Management and Budget.
Oversight agency for audit means the Federal awarding agency that provides the predominant
amount of direct funding to a recipient not assigned a COgTI;7Ant agency for audit When there is
no direct funding, the Federal agency with the predominant indirect funding shall assume the
oversight responsibilities. The duties of the oversight agency for audit are described in
§_.400(b ).
Pass-through entity means a non-Federal entity that provides a Federal award to a subrecipient
. to carry out a Federal program.
Program-specific audit"means an audit of one Federal program as provided for in §_.200(e)
and §_.235.
Questioned cost means a cost that is questioned by the auditor because of an audit finding:
(1) Which resulted ftom at violation or possible violation of a provision of a law, i'egulation,
contract, grant, cooperative agreement, or other agreement or document governing the usé of
Federal funds, including funds used to match Federal funds;
(2) Where the costs, at the time of the audit, are not supported by adequate documentation; or
(3) Where the costs incurred appear unreasonable and do not reflect the actions a prudent person
would take in the circumstances.
Recipient means a non-Federal entity that expends Federal awards received directly from a
Federal awarding agency to c3rry out a Federal program.
Research and development (R&D) means all research activities, both basic and applied, and
all development activities that are performed by a non-Federal entity. Researeh is defined as a
systematic study directed toward fuller scientific knowledge or understanding of the subject
studied. The tenn research also includes activities involving the training of individuals in
research techniques where such activities utilize the same facilities as other research and
development activities and where such activities are not included in the instruction function.
Development is the systematic use of knowledge and understanding gained from research
directed toward the production of useful materials, devices, systems, or methods, including
design and development of prototyp~s and processes.
Single audit means an audit which includes both the entity's financial statements and the
Federal awards as described in I_.SOO.
State means any State of the United States, the District of Columbia, the Commonwealth of
Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern
Mariana Islands, and the Trust Territory of the Pacific Islands, any instrumentality thereof, any
multi-State, regional, or interstate entity which has governmental functions, and any Indian tribe
6 of30
7f1.0/00 12:56 PM
. Otñce of Management and Budget .
hu6w. whitehouse.gov/OMB/circularsla 133/a 133 .hlm
as defmed in this section.
Student Financial Aid (SF A) includes those programs of general student assistance, such as
those authorized by Title IV of the Higher Education Act of 1965, as amended, (20 U.S.C. 1070
et seq.) which is administered by the U.S. Department of Education, and similar programs
provided by other Federal agencies. It does not include programs which provide fellowships or
similar Federal awards to students on a competitive basis, or for specified studies or research.
Sub recipient means a non-Federal entity that expends Federal awards received from a
pass-through entity to carry out a Federal program, but does not include an individual that is a
beneficiary of such a program. A subrecipient may also be a recipient of other Federal awards
directly from a Federal awarding agency. Guidance on distinguishing between a subrecipient
and a vendor is provided in §_.210.
Types of compHance requirements refers to the types of compliance requirements listed in the
compliance supplement. Examples include: activities allowed or unallowed; allowable.
costs/cost principles; cash management; eligibility; matching, level of effort, earmarking; and,
reporting.
Vendor means a dealer, distributor, merchant, or other seller providing goods or services that
are required for the conduct of a Federal program. These goods or services may be for an
organization's own use or for the use of beneficiaries of the Federal program. Additional
guidance on distinguishing between a subrecipient and a vendor is provided in §_.210.
Subpart B-Audits
§_.200 Audit requirements.
(a) ~udit required. Non-Federal entities that expend 5300,000 or more in a year in Federal
awards shall have a single or program-specific audit conducted for that year in accordance with
the provisions of this part. ûuidance on detennining Federal awards expended is provided in
L-.205.
(b) Single audit. Non-Federal entities that expend 5300;000 or more in a year in Federal awards
shall have a single audit conducted in accordance with §_.500 except when they elect to have
a program-specific audit conducted in accordance with paragraph (c) of this section.
(c) Program-specific audit election. When an auditee expends Federal awards under only one
Federal program (excluding R&D) and the Federal program's laws, regulations, or grant
agreements do not require a financial statement audit of the auditee, the auditee may elect to
have a program-specific audit conducted in accordance with § .235. A program-specific audit
may not be elected for R&D unless all of the Federal awards expended were received from the
same Federal agency, or the same Federal agency and the same pass-through entity, and that
Federal agency, or pass-through entity in the case of a subrecipient, approves in advance a
. program-specific audit.
(d) Exemption when Federal awards expended are less than 5300,000. Non-Fed~ entities
that expend less than $300,000 a year in Federal awards are exempt from Federal audit
requirements for that year, except as noted in § .215(a), but records must be available for
review or audit by appropriate officials of the Federal agency, pass-through entity, and General
Accounting Office (GAO). .
(e) Federally Funded Research and Development Centers (FFRDC). Management of an
auditee that owns or operates a FFRDC may elect to treat the FFRDC as a separate. entity for
purposes of this part.
7 of30
7120/00 12:56 p~
. Office 'of Management and Budget
.
http:..Wbitebouse.gOV/OMB/CircularslaI33/aI33.hbnl
§_.205 Basis for determining Federal awards exp~Jlded.
(a) Determining Federal awards expended. The determination of when an award is expended
should be based on when the activity related to the award occurs. Generally, the acrlvity pertains
to events that require the non-Federal entity to comply with laws, regulations, and the
provisions of contracts or grant agreements, such as: expenditure/expense transactions
associated with grants, cost-reimbursement contracts, cooperative agreements, and direct
appropriations; the disbursement of funds passed through to subrecipients; the use of loan
proceeds under loan and loan guarantee programs; the receipt of property; the receipt of surplus
property; the receipt or use of program income; the distribution or consumption of food
commodities; the disbursement of amounts entitling the non-Federal entity to an interest
subsidy; and, the period when insurance i~ in force.
(b) Loan and loan guarantees (loans). Since the federal Government is at risk for loans until
the debt is repaid, the following guidelines shall be used to calculate the value ofFedera1 awards
expended under loan programs, except as noted in paragraphs (c) and (d) of this section:
(1) Value of new loans made or received during the fiscal year; plus
(2) Balance of loans from previous years for which the Federal Government imposes continuing
compliance requirements; plus
(3) Any interest subsidy, cash, or 2dministrative cost allowance received.
(c) Loan and loan guarantees (loans) at institutions 01 higher education. When loans are
made to students of an institution of higher education but the institution does not make the
loans, then only the value of loans made during the year shall be cpnsidered Federal awards
expended in that year. The balance ofloans for ~ious years is not included as Federal awards
expended because the lender accounts for the prior balances.
(d) Prior loan and loan guarantees (loans). Loans, the proceeds of which were received and
expended in prior-years, are not considered Federal awards expended Under this part when the
laws, regulations, and the provisions of contracts or grant agreements pertaining to such loans
impose no continuing compliance requirements other than to repay the loans.
(e) Endowment funds. The cumulative balance of Federal awards for endowment funds which
are federally restricted are considered awards expended in each year in which the funds are still
restricted. '. .
(t) Free rent. Free rent received by itself is not considered a Federal award expended under this
part. However, ftee rent received as part of an award to carry out a Federal program shall be
included in determining Federal awards expended and subject to audit under this part.
(g) Valuing non-eash assistance. Federal non-cash assistance, such as free rent, food stamps,
food commodities, donated property, or donated surplus property, shall be valued at fair market
value at the time of receipt or the assessed value provided by the F eØeral agency.
(h) Medicare. Medicare payments to a non-Federal entity for providing patient care services to
Medicare eligible individuals are not considered Federal awards expended under this part.
(i) Medicaid. Medicaid payments to a subrecipient for providing patient care services to
Medicaid eligible individuals are not considered Federal awards expended under this part unless
a State requires the funds to he treated as Federal awards expended because reimbursement is on
a cost-reimbursement basis.
(j) Certain loans provided by the National Credit Union Administration. For purposes of
this part, loans made from the National Credit Union Share Insurance Fund and the Central
8 of 30
7120/00 12:56 PM
. Oifice ófManagement and Budget
8
http://8.Whitehouse.gOV/OMB/CircularslaI33/aI33.html
Liquidity Facility that are funded by contributions fro~ insured institutions are not considered
Federal awards expended. .
§_.210 Subrecipient and vendor determinations.
(a) General. An auditee may be a recipient, a subrecipient, and a vendor. Federal awards
expended as a recipient or a subrecipient 'would be subject to audit under this part. The .
payments received for goods or services provided as a vendor would not be considered Federal
awards. The guidance in paragraphS (b) and (c) of this section should be considered in
determining whether payments constitute a Federal award or a payment for goods and services.
(b) Federal award. Characteristics indicative ofa Federal award received by a subrecipient are
when the organization:
(1) Determines who is eligible to receive what Federal financial assistance;
(2) Has its performance measured against whether the objectives of the Federal program are
met;
(3) Has responsibility for programmatic decision making;
(4) Has responsibility for adherence to applicable Federal program compliance requirements;
and
(5) Uses the Federal funds to carry out a program of the organization as compared to providing
goods or services for a prograIll of the pass-through entity.
(c) Payment for goods and services. Characteristics indicative of a payment for goods and
services received by a vendor are when the organization:
(1) Provides the goods and services within normal business operations; .
(2) Provides similar goods or services to many different purchasers;
(3) Operates in a competitive environment;
(4) Provides goods or services that are ancillary to the operation of the Federal program; and
(5) Is not subject to compliance requirements of the Federal program.
(d) Use of judgment in making determination. There may be unusual circumstances or
exceptions to the listed characteristics. In making the determination of whether a subrecipient or
vendor relationship exists, the substance of the relationship is more important than the form of
the agreement. It is not expected that all of the characteristics will be present and judgment
should be used in detennining whether an entity is a subrecipient or vendor.
(e) For-profit subrecipient. Since this part does not apply to for-profit subrecipients, the
pass-through entity is responsible for establishing requirements, as necessary, to ensure
compliance by for-profit subrecipients. The contract with the for-profit subrecipient should
describe applicable compliance requirements and the for-profit subrecipient's 'compliance
responsibility. Methods to ensure compliance for Federal awards made to for-profit.
subrecipients may include pre-award audits, monitoring during the contract, and post-award
audits.
(f) Compliance responsibility for vendon. In most cases, the auditee's compliance
responsibility for vendors is only to ensure that the procurement, receipt, and payment for goods
and services comply with laws, regulations, and the provisions of contracts or grant agreements.
9 of 30
7(20/00 12:56 PM
. Office of Management and Budget
.
http:/..Whitehouse.gOV/OMB/circularslaI33/aI33.html
Program compliance requirements normally do not pass through to vendors. However, the
auditee is responsible for ensming compliance for vendor transactions which are structured such
that the vendor is responsible for program compliance or the vendor's records must be reviewed
to determine program compliance. Also, when these vendor transactions relate to a major
program, the scope of the audit shaH include determining whether these transactions are in
compliance with laws, regulations, and the provisions of contracts or grant agreements.
§_.215 Relation to other audit requirements.
(a) Audit under this part in lieu of other audits. An audit made in accordance with this part
shall be in lieu of any financial audit required under individual Federal awards. To the extent
this audit meets a Federal agency's needs, it shall rely upon and use such audits. The provisions
of this part neither limit the authority of Federal agencies, including their Inspectors General, or
GAO to conduct or arrange for additional audits (e.g., financial audits, performance audits,
evaluations, inspections, or reviews) nor authorize any auditee to constrain Federal agencies
ftom carrying out additional audits. Any additional audits shall be planned and performed in
such a way as to build upon work performed by other auditors.
(b) Federal agency to pay for additional audits. A Federal agency that conducts or contracts
for additional audits shall, consistent with other applicable laws and regulations, arrange for
funding the full cost of such additional audits.
(c) Request for a program to be audited as a major program. A Fed~ agency may request
an auditee to have a particular Fedel'al program audited as a major program. in lieu of the Federal
agency conducting or arranging for the additional audits. To allow for planning, such requests
should be made at least 180 days prier to the end of the fiscal year to be audited. The auditee,
after consultation with its aQditor, should promptly respond to such request by informing the
Federal agency whether the program. would otherwise be audited as a major program. using the
risk-based audit approach described in § .520 an~ if not, the estimAted incremental cost. The
Federal agency shall then promptly confiÏiñ to the auditee whether it wants the program. audited
as a major program.. If the program is to be audited as a major program. based upon this Fe~
agency request, and the Federal agency agrees to pay the full incremental costs, then the auditee
shall have the program. audited as a major program. A pass-through entity may use the
provisions of this paragraph for a subrecipient.
§_.220 Frequency of audits.
Except for the provisions for biennial audits provided in paragraphs (a) and (b) of this section,
audits required by this part shall be performed annually. Any biennial audit shall cover both
years within the biennial period. .
(a) A State or local government that is required by constitution or statute, in effect on January 1,
1987, to undergo its audits less frequently than annually, is permitted to undergo its audits
pursuant to this part biennially. This requirement must still be in effect for the biennial period
under audit.
(b) Any non-profit organization that had biennial audits for all biennial periods ending between
July 1, 1992, and January 1, 1995,.is pennitted to undergo its audits pursuant to this part
biennially.
§_.22S Sanctions.
No audit costs may be charged to Federal aw&rds wh~n audits required by this part have not
been made or have been made but nct in accordance with this part. In cases of continued
inability or unwillingness to have an audit conducted in accordance with this part, Federal
agencies and pass-through entities shall take appropriate action using sanctions such as:
10 of 30
7flO/00 12:56 PM
. Office of Managem:nt and Budget
.
http:/..Whitehouse.gOV/OMB/CircularslaI33/aI33.hlml
(a) Withholding a percentage of Federal awards until ili:e audit is completed satisfactorily;
(b) Withholding or disallowing overhead costs;
(c) Suspending Federal awards until the audit is conducted; or
. (d) Tenninating the Federal award.
§_.230 Audit costs.
(a) Allowable costs. Unless prohibited by law, the cost of audits made in accordance with the
provisions of this part æ:e allowable charges to Federal awards. The charges may be considered
a direct cost or an allocated indirect cost, as determined in accordance with the provisions of
applicable OMB cost principles circulars, the Federal Acquisition Regulation (FAR) (48 CFR
parts 30 and 31), or other applicable cost principles or regulations.
(b) Unallowable costs. A non-Federal entity shall not charge the following to a Federal award:
(1) The cost of any audit under the Single Audit Act Amendments of 1996 (31 U.S.C. 7501 et
seq.) not conducted in accordance with this part.
(2) The cost of auditing a non-F~deral entity which has Federal awards expended of less than
$300,000 per year and is thereby exempted under §_.200(d) ftom having an audit conducted
under this part. However, this does not prohibit a pass-through entity ftom charging Federal
awards for the cost of limited scope audits to monitor its subrecipients in accordance with
~.400(d)(3), provided t.lte subrecipient does not have a single audit For purposes of this part,
limited scope audits only include agreed-upon procedure~ engagements conducted in
accordance with either the AICP A's generally accepted auditing standards or attestation
standards, that are paid for and arranged by a pass-through entity and address only one or more
of the following types of compliance requirements: activities allowed or unallowed; allowable
costs/cost principles; eligibility; matching, level of effort, earmarking; and, reporting.
§_.235 Program-specific audits.
(a) Program-speeific audit guide available. In many cases, a program-specific audit guide will
be available to provide specific guidance to the auditor with respect to internal control,
compliance requirements, suggested audit procedures, and audit reporting requirements. The
auditor should contact the Office of Inspector General of the Federal agency to determine
whether such a guide is available. When a current program-specific audit guide is available, the
auditor shall follow GAGAS and the guide when performing a program-specific audit.
(b) Program-sp~ific audit guide not available. (1) When a program-specific audit guide is
not available, the auditee and auditor shall have basically the same responsibilities for the
Federal program as they would have for an audit of a major program in a single audit.
(2) The auditee shall prepare the financial statement(s) for the Federal program that includes, at
a minimum, a schedule of expenditures of Federal awards for the program and notes that
describe the significant accounting policies used in preparing the schedule, a summary schedule
of prior audit findings consistent with the requirements of § .315(b), and a corrective action
plan consistent with the requirements of §_.315(c). -
(3) The auditor shall:'
(i) Perform an audit of the fmancial statement(s) for the Federal program in accordance with
GAGAS;
(ii) Obtain an understanding of internal control and perform tests of internal centrol over the
IIof30
7120/00 12:56 PM
. Office of Management and Budget
.
http:/~.. whitehouse.gov/OMB/circularsla 133/a 133 .html
Federal program consistent with the requirements of §~...sOO(c) for a major program;
(Hi) Perform procedures to determine whether the auditee has complied with laws, regulations,
and the provisions of contracts or g!&I1t agreements that could have a direct and material effect
on the Federal program consistent with the requirements of §_.500(d) for a major program;
and
(iv) Follow up on prior audit findings, perform procedures to assess the reasonableness of the
summary schedule of prior audit findings prepared by the auditee, and report, ~ a current year
audit finding, when the auditor concludes that the snmmtJrY schedule of prior audit findings
materially misrepresents the status of any prior audit finding in accordance with the
requirements of§_.500(e). . .
(4) The auditor's report(s) may be in the form of either combined or separate reports and may be
organized differently from the manner presented in this section. The auditor's report(s) shall
state that the audit was conducted in accordance with this part and include the following:
(i) An opinion (or disclaimer of opinion) as to whether the financial statement(s) of the Federal
program is presented fairly in all material respects in confonnity with the stated accounting
policies;
(ü) A report on internal control related to the Federal program, which shall describe the scope of
. testing of internal control and the results of the tests; .
(ill) A report on compliance which includes an opinion (or disclaimer of opinion) as to whether
the auditee complied with laws, regulations, and the provisions of contracts or grant agreements
which could have a direct and material effect on the Federal program; and
(iv) A schedule of findings and q\æStioned costs for the Federal program that includes a
summary of the auditor's results relative to the Federal program in a format consistent with
§_.SOS(d)(l) and findings and questioned costs consistent with the requirements of
§_.SO5(d)(3).
(c) Report submission for program-specific audits. -
(1) The audit shall be completed and the reporting required by paragraph (c)(2) or (c)(3) of this
section submitted within the earlier of 30 days after receipt of the auditor's report(s), or nine
months after the end of the audit period, unless a longer period is agreed to in advance by the
Federal agency that provided the funding or a different period is specified in a program-specific
audit guide. (However, for fiscal years beginning on or before June 30, 1998, the audit shall be
completed and the required reporting shall be submitted within the earlier of 30 days after
receipt of the auditor's report(s), or 13 months after the end of the audit period, unless a different
period is specified in a program-specific audit guide.) Unless restricted by law or regulation, the
auditee shall make report copies available for public inspection.
(2) When a program-specific audit guide is available, the auditee shall submit to the Federal
clearinghouse designated by OMB the data collection form prepared in accordance with
~.320(b), as applicable to a program-specific audit, and the reporting required by the
program-specific audit guide to be retained as an archival copy. Also, the auditee shall submit to
the Federal awarding agency or pass-through entity the reporting required by the
program-specific audit guide.
(3) When a p~gram-specific audit guide is not available, the reporting package for a
program-specific audit shall consist of the fmancial statement(s) of the Federal program, a
summary schedule of prior audit findings, and a corrective action plan as described in paragraph
(b)(2) of this section, and the auditor's report(s) described in paragraph (b)(4) of this section.
The data collection form prepared in accordance with §_.320(b), as applicable to a
12 of 30
7flO/OO 12:56 PM
. Office of Management and Budget .
http8w.WhitehOuse.gOV/OMB/Circu1arslaI33/a 133 .h~l
program-specific audit, and one copy of this reporting. package shall be submitted to the Federal
clearinghouse designated by OMB to be retained as anarchival copy. Also, when the schedule
of fmdings and questioned costs disclosed audit findings or the summary schedule of prior audit
findings reported the status of any audit fmdings, the auditee shall submit one copy of the
reporting package to the Federal clearinghouse on behalf of the Federal awarding agency, or
directly to the pass-through entity in the case of a subreeipient. Instead of submitting the
reporting package to the pass-through entity, when a subrecipient is not required to submit a
reporting package to the pass-through entity, the subrecipient shall provide written notification
to the pass-through entity, consistent with the requirements of§_.320(e)(2). A subrecipient
may submit a copy of the reporting package to the pass-through entity to comply with this
notification requirement.
(d) Other sections of this part may apply. Program-specific audits are subject to §_.100
through §_.215(b), '-.220 through §_.230, §_.300 through §_.3O5, §_.315,
§_.320(1) through § .3200), 1 .400 through 1 .405, '-.510 through §_.515, and
other referenced proviSiOns of this part unless contrary to the provisions of this section, a
program':specific audit guide, or pro~ laws and regulations.
Subpart C-Aaditees
1_.300 Auditee responsibilities.
The auditee shall:
(a) Identify, in its accounts, all Federal awards received and expended and the Federal programs
under which they were received. Federal program and award identification shall include, as
applicable, the CFDA title and number, award number and year, name of the Federal agency,
and name of the pass-through entity.
(b) Maintain internal control over Federal programs that provides reasonable assurance that the
auditee is man~ng Federal awards in compliance with laws, regulations, and the provisions of
contracts or grant agreements that could have a material effect on each of its Federal programs.
(c) Comply with laws, regulations, and the provisions of contracts or grant agreements related to
each of its Federal programs.
(d) Prepare appropriate financial statements, including the schedule of expenditures of Federal
awards in accordance with §_.310. .
(e) Ensure that the audits required by this part are properly performed and submitted when due.
When extensions to the report submission due date required by §_.320(a) are granted by the
cognizant or oversight agency for audit, promptly notify the Federal clearinghouse designated
by OMB and each pass-through entity providing Federal awards of the extension.
(f) Follow up and take corrective action on audit findings, including preparation ofa summary
schedule of prior audit findings and a corrective action plan in accordance with § .315(b) and
§_.31S(c), respectively. -
§_.305 Auditor selection.
(a) Auditor procurement. In procuring audit services, auditees shall follow the procurement
standards prescribed by the Grants Management Common Rule (hereinafter referred to as the
"A-ID2 Common Rule") published March 11, 1988 and amended April 19, 1995 [insert
appropriate CFR citation], Circular A-lID, "Uniform Adm;n;!Qrative Requirements for Grants
and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit
Organizations," or the FAR (48 CFR part 42), as applicable (OMB Circulars are available from
13 of 30
7fJ.O/OO 12:56 PM
. Office of Management and Budget
.
http://e.whitehouse.gOV/OMB/CirCUlarslaI33/aI33.html
the Office of Administration, Publications Office, room 2200, New Executive Office Building,
Washingto~ DC 20503). Whefiever possible, auditees shall make positive efforts to utilize
small businesses, lIlinOrity-owned firms, and women's business enterprises, in procuring audit
services as stated in the A-I 02 Common Rule, OMB Circular A-II 0, or the FAR (48 CFR part
42), as applicable. In requesting proposals for audit services, the objectives and scope of the
audit should be made clear. Factors to be considered in èvaluating each proposal for audit
services include the responsiveness to the request for proposal, relevant experience, availability
of staff with professional qualifications and technical abilities, the results of external quality
control reviews, and price.
(b) Restriction on auditor preparing indirect cost proposals. An auditor who prepares the
indirect cost proposal or cost allocation plan may not also be selected to perform the audit
required by this part when the indirect costs recovered by the auditee during the prior year
exceeded $1 million. This restriction applies to the base year used in the preparation of the
indirect cost proposal or cost allocation plan and any subsequent years in which the resulting
indirect cost agreement or cost allocation plan is used to recover costs. To minimi7.e any
disruption in existing contracts for audit services, this paragraph applies to audits of fiscal years
beginning after June 30, 1998.
(c) Use of Federal auditon. Federal auditors may perform all or part of the work required
under this part if they comply fully with the requirements of this part.
§_.310 Finaneial statements.
. (a) Financial statements. The auditee shall prepare financial statements that reflect its financial
position, results of operations or changes in net assets, and, where appropriate, cash flows for
the fiscal year audited. The financial statements shall be for the same orpni7J1tional unit and
fiscal year that is chosen to meet the requirements of this part. However, o¡pni7JItion-wide
financial statements may also includ~ departments, agencies, and other OJ'WIni711tional units that
have separate audits in accordance with 1-.500(a) and prepare separate financial statements.
(b) Schedule of expenditures of Federal awards. The auditee shall also prepare a schedule of
expenditures of Federal awards for the period covered by the auditee's financial statements.
While not required, the auditee may choose to provide information requested by Federal
awarding agencies and pass-through entities to make the schedule easier to use. For example,
when a Federal program has multiple award years, the auditee may list the amount of Federal
awards expended for each award year separately. At a minimum, the schedule shall:
(1) List individual Federal programs by Federal agency. For Federal programs included in a
cluster of programs, list individual Federal programs within a cluster of programs. For R&D,
total Federal awards expended shall be shown either by individual award or by Federal agency
and major subdivision within the Federal agency. For example, the Nationallnstitutes.ofHea1th
is a major subdivision in the Department ofHea1th and Human Services.
(2) For Federal awards received as a subrecipient, the name of the pass-through entity and
identifying number assigned by the pass-through entity shall be included.
(3) Provide total Federal awards expended for each individual Federal program and the CFDA
number or other identifying number when the CFDA information is not available.
(4) Include notes that describe the significant accounting policies used in preparing the
schedule.
(5) To the extent practical, pass-through entities should identify in the schedule the total amount
provided to subrecipients ftom each Federal program.
(6) Include. in either the schedule or a note to the schedule, the value of the Federal awards
14 of30
7120/00 12:56 PM
. Office of Management and Budget
.
http:l..whitehouse.gOV/OMBICircu1arsla133/a133.html
expended in the form of non-cash assistance, the amount of insurance in effect during the year,
and loans or loan guarantees outstanding at year end. While not required, it is preferable to
present this information in the schedule.
§_.315 Audit findings follow-up.
(a) General. The auditee is responsible for follow-up and corrective action on all audit findings.
As part of this responsibility, the auditee shall prepare a summary schedule of prior audit
fmdings. The auditee shall also prepare a corrective action plan for current year audit findings.
The summary schedule of prior audit findings and the corrective actio~ pIan shall include the
reference numbers the auditor assigns to audit findings under '-.510(c). Since the summary
schedule may include audit findings from multiple years, it shall include the fiscal year in which
the finding initially occurred.
(b) Summary schedule of prior audit findings. The summary schedule of prior audit' findings
shall report the status of all audit findings included in the prior audit's schedule of findings and
questioned costs relative to Federal awards. The summary schedule shall also include audit
findings reported in the prior audit's summaty schedule of prior audit findings except audit
findings listed as corrected in accordance with paragraph (b)(l) of this section, or no longer
valid or not warranting further action in accordance with paragraph (b)( 4) of this section. .
(1) When audit findings were fully corrected, the summary schedule need only list the audit
findings and state that corrective action was taken.
(2) When audit findings were not corrected or were only partially corrected, the summary
schedule shall describe the planned .corrective action as well as any partial corrective action
taken. .
(3) When corrective action taken is significantly different from corrective action previously
reported in a corrective action plan or in the Federal agency's or pass-through entity's
mAn~gement decision, the summary schedule shall provide an explanation.
(4) When the auditee believes the audit findings are no longer valid or do not warrant further
action, the reasons for this position shall be described in the summary schedule. A valid reason.
for considering an audit finding as not warranting further action is that all of the following have
occurred:
(i) Two years have passed since the audit report in which the rIDding occurred was submitted to
the Federal clearinghouse; .
(ü) The Federal agency or pass-through entity is not currently following up with the auditee on
the audit finding; and . .
(iü) A management decision was not issued.
(c) Corrective action plan. At the completion of the audit, the auditee shall prepare a corrective
action plan to address each audit finding included in the current year auditor's reports. The
corrective action plan shall provide the name(s) of the contact person(s) responsible for
corrective action, the corrective action planned, and the anticipated completion date. If the
auditee does not agree with the audit findings or believes corrective action is not required, then
the corrective action plan shall include an explanation and specific reasons.
§_.320 Report submission.
(a) General. The audit shall be completed and the data collection form described in paragraph
(b) of this section and reporting package described in paragraph (c) of this section shall be
submitted within the earlier of 30 days after receipt of the auditor's report(s), or nine months
15 of 30
7flO/00 12:56 PM
. Office 'of Management and Budget
.
http:l. . whitehouse.goy 10 MB/circularsla 13 3/a 133 .html
after the end of the audit period, unless a longer period is agreed to in advance by the cogni7ant
or oversight agency for audit. (However, for fiscal years beginning on or before June 30, 1998,
the audit shall be completed and the data collection form and reporting package shall be
submitted within the earlier of 30 ðSiYS after receipt of the auditor's report(s), or 13 months after
the end of the audit period.) Unless restricted by law or regulation, the auditee shall make copies
available for public inspection.
(b) Data Collection. (1) The auditee shall submit a data collection form which states whether
the audit was completed in accordance with this part and provides information about the
auditee, its Federal programs, and the results of the audit. The form shall be approved by OMB,
available from the Federal clearinghouse designated by OMB, and include data elements similar
to those presented in this paragraph. A senior level representative of the auditee (e.g., State
controller, director of finance, chief executive officer, or chief financial officer) shall sign a
statement to be included as part of the form certifying that: the auditee complied with the
requirements of this part, the form was prepared in accordance with this part (and the
instructions accompanying the form), and the information included in the form, in its entirety,
are accurate and complete.
(2) The data collection form shall include the following data elements:
(i) The type of report the auditor issued on the fimmcial statements 'of the auditee (i.e.,
unqualified opinion, qualified opinion, adverse opinion, or disclaimer of opinion).
(ü) Where applicable, a statement that reportable conditions in internal control were di~closed
by the audit of the financial statements and whether any such conditions were material
weaknesses.
(m) A statement as to whether the audit disclosed any noncompliance which is material to the
financial' statements of the auditee. .
(iv) Where applicable, a statement that reportable conditions in internal control over major
programs were disclosed by the audit and whether any such conditions were material
weaknesses.
(v) The type of report the auditor issued on compliance for major programs (i.e., unqualified
opinion, qualified opinion, adverse opinion, or disclaimer of opinion).
(vi) A list of the Federal awarding agencies which will receive a copy of the reporting package
pursuant to §_.320(d)(2) ofOMB Circular A-133.
(vii) A yes or no statement as to whether the auditee qualified as a low-risk auditee under
§_.530 ofOMB Circular A-133. .
(viii) The dollar threshold used to distinguish between Type A and Type B programs as defined
in §_.520(b) ofOMB Circular A-I33.
(ix) The Catalog of Federal Domeatic Assistance (CFDA) number for each Federal program,
as applicable.
(x) The name of each Federal program and identification of each. major program. Individual
programs within a cluster of prograrllS should be listed in the same level of detaH as they are
listed in the schedule of expenditures of Federal awards.
(xi) The amoUnt of expenditures in the schedule of e}lpenditures of Federal awards associated
with each Federal program.
(xii) For each Federal program. a yes or no statement as to whether there are audit findings in
16 of30
7120/00 12:56 PM
. Office of Management and Budget
.
http:,".Whitehouse.gOV/OMB/CircUlarslaI33/aI33.html
each of the following types of compliance requirements and the total amount of any questioned
costs: :
(A) Activities allowed or unallowed.
(B) Allowable costs/cost principles.
(C) Cash management.
(D) Davis-Bacon Act
(E) Eligibility.
(F) Equipment and real property management.
(0) Matching, level of effort, earmarking.
(H) Period of availability of Federal funds.
(I) Procurement and suspension and debarment.
(J) Program income. .
(K) Real property acquisition and relocation assistance.
(L) Reporting.
(M) Subrecipient monitoring.
(N) Special tests and provisions.
(xiii) Auditee Name, Employer Identification Number(s), Name and Title of Certifying Official,
Telephone Number, Signature, and Date.
(xiv) Auditor Name, Name and Title of Contact Person, Auditor Address, Auditor Telephone.
Number, Signature, and Date.
(xv) Whether the auditee has either a cognizant or oversight agency for audit.
(xvi) The name of the cognizant or oversight agency for audit determined in accordance with
L-.400(a) and L-.400(b), respectively.
(3) Using the information included in the reporting package described in paragraph (c) of this
section, the auditOr shall complete the applicable sections of the form. The auditor shall sign a
statement to be included as part of the data collection form that indicates, at a minimum, the
source of the information included in the form, the auditor's responsibility for the information,
that the form is not a substitute for the reporting package described in paragraph (c) of this
section, and that the content of the Conn is limited to the data elements prescribed by OMB.
. (c) Reporting package. The reporting package shall include the:
(1) Financial statements and schedule of expenditures ofFedera1 awards discussed in
§_.310(a) and §_.310(b), respectively;
(2) Summary schedule of prior audit findings discussed in §_.315(b);
(3) Auditor's report(s) discussed in §_.505; and
17 of30
7fJ.O/00 12:56 PM
. Office of Management and Budget
.
http:/a . whitehouse.gov /0 MBlcircu1arsla 13 3/a 13 3 .html
(4) Corrective action plan discussed in §_.315(c). .
(d) Submission to clearinghouse. All auditees shall submit to the Federal clearinghouse
designated by OMB the data collection form described in paragraph (b) of this section and one
copy of the reporting package described in paragraph (e) of this section for:
( 1) The Federal clearinghouse to retain as an archival copy; and
(2) Each Federal awarding agency when the schedule of findings and questioned costs disclosed
audit findings relating to Federal awards that the Federal awarding agency provided directly or
the summary schedule of prior audit findings reported the status of any audit findings relating to
Federal awards that the Federal awarding agency provided directly.
(e) Additional submission by 'subrecipients. (1) In addition to the requirements discussed in
paragraph (d) of this section, auditees that are also subrecipients shall submit to each
pass-through entity one copy o,fthe reporting package described in paragraph (e) of this section.
for each pass-through entity when the schedule of findings and questioned costs disclosed audit
findings relating to Federal awards that the pass-through entity provided or the summary
schedule of prior audit findings reported the status of any audit findings relating to Federal
awards that the pass-through entity provided.
(2) Instead of submitting the reporting package to a pass-through entity, when a subrecipient is
not required to submit a reporting package to a pass-through entity pursuant to paragraph (e)(l)
of this section, the subrecipient sha11 provide written notification to the pass-thrOugh entity that:
an audit of the subrecipient was condu~d in accordance with this part (including the period
covered by the audit aDd the name, amount, and CFDA number of the Federal award(s)
provided by the pass-through entity); the schedule of findings and questioned costs diSclosed no
audit findings relating to the Fedeϓ award(s) that the pass-through entity provided; and, the
summary schedule of prior audit findings did not report on !be status of any audit findings
relating to the Federal award(s) that the pass-through entity provided. A subrecipient may
submit a copy of the reporting package described in paragraph (e) of this section to a
pass-through entity to comply with t.'ùs notification requirement.
(f) Requests for report copies. In response to requests by a Federal agency or pass-through
entity, auditees shall submit the appropriate copies of the reporting package described in
paragraph (c) of this section and, if requested, a copy of any management letters issued by the
auditor. .
(g) Report retention requirements. Auditees shall keep one copy of the data collection form
described in paragraph (b) of this section and one copy of the reporting package described in
paragraph (c) of this section on file for three years ftom the date of submission to the Federal
clearinghouse designated by OMB. Pass-through entities shall keep subrecipients' submissions .
. on file for three years ftom date of receipt.
(h) Clearinghouse responsibilities. The Federal clearinghouse designated by OMB shall
distribute the reporting packages received in accordance with paragraph (d)(2) of this section
and §_.235( e )(3) to applicable Federal awarding agencies, maintain a data base of completed
audits, provide appropriate information to Federal agencies, and follow up with known auditees
which have not submitted the required data collection forms and'reporting packages.
(i) Clearinghouse address. The address of the Federal clearinghouse currently designated by
OMB is Federal Audit Clearinghouse. Bureau of the Census, 1201 E. 10th Street, Jeffersonville,
IN 47132. .
(j) Electronic filing. Nothing in this part shall preclude electronic submissions to the Federal
clearinghouse in such manner as may be approved by OMB. With OMB approval, the Federal
18 of30
7120/00 12:56 PM
. Office of Management and Budget
.
http://8 . whitehouse.gov IOMB/circularsla 13 3/a 13 3 .html
clearinghouse may pilot test methods of electronic sub~ssions.
Subpart D-Federal Agencies and Pass-Through Entities
§_.400 Responsibilities.
(a) Cognizant agency for audit responsibilities. Recipients expending more than $25 million a
year in Federal awards shall have a cogni7J1nt agency for audit. The designated COgJ"li7J1nt
agency for audit shall be the Federal awarding agency that provides the predominant amount of
direct funding to a recipient unless OMB makes a specific COgJ"li7J1nt agency for audit
assignment. To provide for continuity of COgJ'1i7JInce, the determination of the predominant
amount of direct funding shall be based upon direct Federal awards expended in the recipient's
fiscal years ending in 1995,2000,2005, and every fifth year thereafter. For example, audit
cogni7.8llce for periods ending in 1997 through 2000 will be determined based on Federal
awards expended in 1995. (However, for States and local governments that expend more than
$25 million a year in Federal awards and have previously assigned COgr'li7JInt agencies for audit,
the requirements of this paragraph are not effective until fiscal years begjnning after June 30,
2000.) Notwithstanding the manner in which audit COgJ"li7JInce is determined, a Federal .
awarding agency with cogJ"li7.8llce for an auditee may reassign cogJ"li7.8llce to another Federal
awarding agency which provides substantial direct funding and agrees to be the COgJ"li71U1t
agency for audit. Within 30 days after any reassignment, both the old and the new COgr'li7JU1t
agency for audit shall notify the auditee, and, ifknown, the auditor of the reassignment. The
COgni7JU1t agency for audit shall:
(I) Provide technical audit advice and liaison to auditees and auditors.
(2) Consider auditee requests for extensions to the report submission due date required by
L-.32Ð(a). The COgJ"li7J1nt agency for audit may grant extensions for good cause.
(3) Obtain or conduct quality control reviews of selected audits made by non-Federal auditors,
and provide the results, when ~ppropriate, to other interested organizations.
(4) Promptly inform other affected Federal agencies and appropriate Federal law enforcement
officials of any direct reporting by the auditee or its auditor of irregularities or illegal acts, as
required by GAGAS or laws and regulations.
(5) Advise the auditor and, where appropriate, the auditee of any deficiencies found in the audits
when the deficiencies require corrective action by the auditor. When advised of deficiencies, the
auditee shall work with the auditor to take corrective action. If corrective action is not taken, the
cognizant agency for audit shall notify the auditor, the auditee, and applicable Federal awarding
agencies and pass-through entities of the facts and make recommendations for follow-up action.
Major inadequacies or repetitive substandard performance by auditors shall be referred to
appropriate State licensing agencies and professional bodies for disciplinary action.
(6) Coordinate, to the extent practical, audits or reviews made by or for Federal agencies that are
in addition to the audits made pursuant to this part, so that the additional audits or reviews build
upon audits performed in accordance with this part.
(7) Coordinate a management decision for audit findings that affect the Federal programs of
more than one agency. .
(8) Coordinate the audit work and reporting responsibilities among auditors to achieve the most
cost-effective audit
(9) For biennial audits pennitted under §_.220. consider auditee requests to qualify as a
low-risk auditee under §_.530(a).
19 of30
I
I
7120/00 12:56 PM :
'.
. Office of Management and Budget
.
http:8w.Whitehouse.gOV/OMBICircularslaI33/aI33.hbnJ
(b) Ovenight agency for audit responsibilities. An åuditee which does not.have a designated
cognizant .agency for audit will be under the general oversight of the Federal agency determined
in accordance with §_.lOS. The oversight agency fo~ audit:
(1.) Shall provide technical advice to auditees and auditors as requested.
(2) May assume all or some of the responsibilities normally performed by a cognizant agency
for audit.
(c) Federal awarding agency responsibilities. The Federal awarding agency shall perform the
following for the Federal awards it makes:
(1) Identify Federal awards made by infQrming each recipient of the CFDA title and number,
award name and number, award year, and if the ¡lward is for R&D. When some of this
information is not available, the Federal agency shall provide information necessary to clearly
describe the Federal award.
(2) Advise recipients of requirements imposed on them by Federal laws, regulations, and the
provisions of contracts or grant agreements.
(3) Ensure that audits are completed and reports are received in a timely nuinner and in
accordance with the requirements of this part.
(4) Provide technical advice and co1!DSel to auditees and auditors as requested.
(S) Issue a management decision on audit findings within six months after receipt of the audit
report and ensure that the recipient takes appropriate and timely corrective action.
. .
(6) Assign a person responsible for providing annual updates of the compliance supplement to
OMB.
(d) Pass-through entity responsibilities. A pass-through entity shall perform the following for
the Federal awards it makes:
(1) Identify Federal awards made by informing each subrecipient ofCFDA title and number,
award name and number, award year, if the award is R&D, and name of Federal agency. When
some of this information is not available, the pass-through entity shall provide the best
information available to describe the Federal award.
(2) Advise subrecipients of requirements imposed on them by Federal laws, regulations, and the
provisions of contracts or grant agreements as well as any supplemental requirements imposed
by the pass-through entity.
(3) Monitor the activities of subrecipients as necessary to ensure that Federal awards are used
for authorized purposes in compliance with laws, regulations, and the provisions of contracts or
grant agreements and that performance goals are achieved.
(4) Ensure that subrecipients expenåing $300,000 or more in Federal awards during the
subrecipient's fiscal year have met the audit requirements of this part for that fiscal year.
(S) Issue a management decision 011 audit fmdings within six months after receipt of the
subrecipient's audit report and ensure that the subrecinient takes appropriate and timely
corrective action. .
(6) Consider whether subrecipient audits necessitate adjustment of the pass-through entity's own
records.
20 of30
7nn/nn 1".~" DU
Office of Management and Budget
.
http://8 . whitehouse. gOY IOMBIcircularsla 133/a 13 3 .hbnl
(7) Require each subrecipient to pennit the pass-through entity and auditors to have access to
the records and financial statements as necessary for the pass-through entity to comply with this
part.
§_.405 Management decision.
(a) General. The management decision shall clearly state whether or not the audit finding is
sustained, the reasons for the decision, and the expected auditee action to repay disallowed
costs, make financial adjustments, or take other action. If the auditee has not completed
corrective action, a timetable for follow-up should be given. Prior to issuing the management
decision, the Federal agency or pass-through entity may request
additional information or documentation from the auditee, including a request for auditor
assurance related to the documentation, as a way of mitigating disallowed costs. The
management decision should describe any appeal process available to the auditee.
.
(b) Federal agenC)'. As provided in §_.400(a)(7), the COgTIi7.ant agency for audit shall be .
responsible for coordinating a management decision for audit findings that affect the programs
of more than one Federal agency. As provided in § .400(c)(5), a Federal awarding agency is
responsible for issuing a management decision for 1iiïdings that relate to Federal awards it
makes to recipients. Alternate arrangements may be made on a case-by-case basis by agreement
among the Federal agencies concerned. .'
(c) Pass-through entity. As provided in §_.400(d)(5), the pass-thrQugh entity shall be
responsible for making the management decision for audit findings that relate to Federal awards
it makes to subrecipients.
(d) Time requirements. The entity responsible for making the management decision shall do so
within six months of receipt of the audit report. Corrective action should be initiated within six
months after receipt of the audit r:port and proceed as rapidly as possible.
(e) Reference numben. Management decisions shall include the reference numbers the auditor
~gned to each audit finding in accordance with §_,510(c).
Subpart E-Auditors
§_.500 Scope of audit.
(a) General. The audit shall be conducted in accordance with GAGAS. The audit shall cover the
entire operations of the auditee; or, at the option of the auditee, such audit shall inClude a series
of audits that cover departments, agencies, and other organi7.ational units which expended or
otherwise administered Federal awards during such fiscal year, provided that each such audit
shall encompass the fmancial statements and schedule of expenditures of Federal awards for
each such department, agency, and other organizational unit, which shall be considered to be a
non- Federal entity. The financial statements and schedule of expenditures of Federal awards
shall be for the same fiscal year.
(b) Financial statements. The auditor shall determine whether the financial statements of the
auditee are presented fairly in all material respects in conformity with generally accepted
accounting principles. The auditor shall also detennine whether the schedule of expenditures of
Federal awards is presented fairly in all material respects in relation to the auditee's financial
statements taken as a whole.
(c) Internal control. (1) In addition to the requirements of GAGAS, the auditor shall perform
procedures to obtain an understanding ofintemal control over Federal programs sufficient to
.,1 ft""2n
7/?n/nn 1.,.~jI; DU
. '.
. Office of Management and Budget
.
http:&.Whitebouse.gOV/OMB/Circu1arslaI33/aI33.html
plan the audit to support a low assessed level of controJ risk for major programs.
(2) Except as provided in paragraph (c)(3) of this section, the auditor shall:
(i) Plan the testing of internal control over major programs to support a low assessed level of
control risk for the assertions relevant to the compliance requirements for each major program;
and
(ii) Perform testing of internal control as planned in paragraph (c)(2)(i) of this section.
(3) When internal control over some or all of the compliance requirements for a major program
are likely to be ineffective in preventing or detecting noncompliance, the planning and
perfonning of testing described in paragraph (c)(2) of this section are not required for those
compliance requirements. However, the auditor shall report a reportable condition (including
whether any such condition is a material weakness) in accordance with 1_.510, assess the
related control risk at the maximum, and consider whether additional compliance tests are
required because of ineffective internal con~l.
(d) Compliance. (1) In addition to the requirements of GAG AS, the auditor shall detennine
whether the auditee has complied with laws, regulations, and the provisions of contracts or grant
agreements that may have a direct and material eiIect on each of its major programs.
(2) The principal compliance requirements applicable to most Federal programs and the
compliance requirements of the. largest Federal programs are included in the compliance
supplement. .
(3) For the compliance requirements related to Federal programs contained in the compliance
supplement, an audit of these compliance requirements will meet the requirements of this part.
Where there have been changes to the compliance requirements and the changes are not
ret1ected in the compliance supplement, the auditor shall determine the current compliance
requirements and modify the audit procedures accordingly. For those F ~ programs not
covered in the compliance supplement, the auditor should use the types of compliance
requirements contained in the compliance supplement as guidance for identifying the types of
compliance requirements to test, and detennine the requirements governing the Federal program
by reviewing the provisions of contraCts and grant agreements and the laws and regulations
referred to in such contracts and grant agreements.
(4) The compliance testing shall include tests of transactions and such other auditing procedures
necessary to provide the auditor sufficient evidence to support an opinion on compliance.
(e) Audit follow-up. The auditor shall follow-up on prior audit findings, perform procedures to
assess the reasonableness of the summary schedule of prior audit findings prepared by the
auditee in accordance with L-.315(b), and report, as a current year audit finding, when the .
auditor concludes that the summary. schedule of prior audit findings materially misrepresents the
status of any prior audit finding. The auditor shall perform audit follow-up procedures
regardless of whether a prior audit finding relates to a major program in the current year.
(f) Data Collection Form. As required in § .320(b)(3), the auditor shall complete and sign
specified sections of the data collection form-:-
1_0505 Audit reporting.
The auditor's report(s) may be in the form of either combined or separate reports and may be
organized differently from the manner presented in this section. The auditor's report(s) shall
state that the audit was conducted in accordance with this part and include the following:
(a) An opinion (or disclaimer of opinion) as to whether the financial statements are presented
?? nf" ':In
7nnlnn 1'.~1ii PM
-
'"
, Offic~ of Management and BUdget.
httpL.WhitehOuse.gOV/OMB/CircularslaI33/aI33.htmJ
fairly in all material respects in conformity with generally accepted accounting principles and an
opinion (or disclaimer of opinion) as to whether the schedule of expenditures of Federal awards
is presented fairly in all material respects in relation to the fInancial statements taken as a whole.
(b) A report on internal control related to the fmancial statements and major programs. This
report shall describe the scope of testing ofintemal control and the results of the tests, and,
where applicable, refer to the separate schedule of findings and questioned costs described in
paragraph (d) of this section.
(c) A report on compliance with laws, regulations, and the provisions of contracts or grant
agreements, noncompliance with which could have a material effect on the financial statements.
This report sha1l also include an opinion (or disclaimer of opinion) as to whether the auditee
complied with laws, regulations, and the provisions of contracts or grant agreements which
could have", direct and material effect on each major program, and, where applicable, refer to
the separate schedule of findings and questioned costs described in paragraph (d) of this section.
(d) A schedule of findings and questioned costs which shall include the following three
components:
(1) A summary of the auditor's results which shall include:
(i) The type of report the auditor issued on the fInancial statementS of the auditee (i.e.,
unqualified opinion, qualified opinion, adverse opinion, or disclaimer of opinion);
(ii) Where applicable, a statement that reportable conditions in internal control were disclosed
by the audit of the financiid sœtements and whether any such conditions were material
weaknesses;
(ill) A statement as to whether the audit disclosed any noncompliance which is material to the
fiDancial statements of the auditee;
(iv) Where applicable, a statement that reportable conditions in internal control over major
programs were disclosed by the audit and whether any such conditions were material
weaknesses;
(v) The type of report the auditor issued on compliance for major programs (i.e., unqualified
opinion, qualified opinion, adverse opinion, or disclaimer of opinion);
(vi) A statement as to whether the audit disclosed any audit findings which the auditor is
required to report under §_.510(a);
(vii) An identification of major programs;
(viii)The dollar threshold used to distinguish between Type A and Type B programs, as
described in §~.520(b); and
(ix) A statement as to whether the auditee qualified as a low-risk auditee under §_.530.
(2) Findings relating to the financial statements which are required to be reported in accordance
with GAGAS.
(3) Findings and questioned' costs for Federal awards which shall include audit fmdings as
defined in §_.510(a).
(i) Audit findings (e.g., internal control findings, compliance findings, questioned costs, or
fraud) which relate to the same issue should be presented as a single audit finding. Where
practical, audit fmdings should be organized by Federal agency or pass-through entity.
2~ anD
7fJ.OIOO 12:56 PM
Office of Management and Budget
.
http://eWhitehouse.gOV/OMB/Circu1arslaI33/aI33.html
(ii) Audit fmdings which relate to both the fInancial statements and Federal awards, as reported
under paragraphs (d)(2) and (d)(3) of this section, respectively, should be reported in both
sections of the schedule. However, t.~c reporting in one section of the schedule may be in
summary form with a reference to a detailed reporting in .the other section of the schedule.
§_.510 Audit f'mdings.
(a) Audit f'mdings reported. The auditor shall report the following as audit findings in a
schedule of findings and questioned costs:
(1) Reportable conditions in internal control over major programs. The auditor's determination
of whether a deficiency in internal control is a reportable condition for the purpose of reporting
an audit finding is in relation to a type of compliance requirement for a major program or an
audit objective identified in the compliance supplement The auditor shall identify reportable
conditions which are individually or cumulatively material weaknesses.
(2) Material noncompliance with the provisions of laws, regulations, contracts, or grant
agreements related to a major program. The auditor's determination of whether a noncompliance
with the provisions of laws, regulations, contracts" or grant agreements is material for the
purpose of reporting an audit finding is in relation, to a tYPe of compliance requirement for a.
major p~gram or an audit objective identified in 'the compliance supplement
(3) Known questioned costs which L"e greater than $10,000 for a type of compliance
requirement for a major program. Known questioned costs -are those specifically identified by
the auditor. In evaluating the effect of questioned costs on the opinion on compliance, the
. . . auditor considers the best estimate of total costs questioned (likely questioned costs), not just
the questioned costs specifically identified (known qœstioned. costs). The auditor shall also
report known questioned costs when likely questioned costs are greater than $ 1 0,000 for a type
of compliance requirement for a major program. In reporting questioned costs, the auditor shall
include information to provide proper perspective for judging the prevalence and consequences
of the questioned costs.
(4) Known questioned costs which are greater than $ 1 0,000 for a Federal program which is not
audited as a major program. Except for audit follow-up, the auditor is not required under this
part to perform audit procedures for such a F edera1 program; therefore, the auditor will normally
not find questioned costs for a program which is not audited as a major program. However, if
the auditor does become aware of questioned costs for a Federal program which is not audited
as a major program (e.g., as part of audit follow-up or other audit procedures) and th~ known
questioned costs are greater than $10,000, then the auditor shall report this as an audit finding.
(5) The circumstances concerning why the auditor's report on compliance for major programs is
other than an unqualified opinion, unless such .circumstances are otherwise reported as audit
findings in the schedule of findings and questioned costs for F edera1 awards.
(6) Known fraud affecting a Federal a\vard, unless such fraud is otherwise repo,rted as an audit
finding in the schedule offindings 3Ild questioned costs for Federal awards. This paragraph does
not require the auditor to make an additional reporting when the auditor confirms that the fraud
was reported outside of the audi~or's reports under the direct reporting ~uirements of GAG AS.
(7) Instances where the results of audit follow-up procedures disclosed that the summary
schedule of prior audit findings prepared by the auditee in accordance with §_.315(b)
materially mis~presents the status of û..'lY prior audit finding.
(b) Audit finding detail. Audit findings shall be presented in sufficient detail for the auditee to
prepare a corrective action plan and take corrective action and for Federal agencies and
pass-through entities to arrive ata management decision. The following specific information
24 of 30
7120100 12:56 PM
. Office of Management and Budget
.
http:&.Whitehouse.gOV/OMB/CircularslaI33/aI33.html
shall be included, as applicable, in audit findings:
(1) Federal program and specific Federal award identification including the CFDA title and
number, Federal award number and year, name of Federal agency, and name of the applicable
pass-through entity. When information, such as the CFDA title and number or Federal award
number, is not available, the auditor shall provide the best information available to describe the
Federal award. .
(2) The criteria or specific requirement upon which the audit finding is based, including
statutory, regulatory, or other citation.
(3) The condition found, including facts that support the deficiency identified in the audit
finding.
(4) Identification of questioned costs and how they were computed.
(5) Information to provide proper perspective for judging tlie prevalence and consequences of
the audit findings, such as whether the audit findings represent an isolated instance or a systemic
problem. Where appropriate, ~ces identified shall be related to the universe and the number
of cases examined and be quantified in terms of dollar value.
(6) The possible .asserted effect to provide sufficient information to the auditee and Federal
agency. or pass-through entity in the case of a subrecipient, to permit them to determine the
cause an4 effect to facilitate prompt and proper corrective action.
(7) Recommendations to prevent futùre occurrences of the deficiency identified in the audit
finding.
(8) Views of responsible officials of the auditee when there is disagreement with the audit
findings, to the extent practical.
(c) Reference numbers. Each audit finding in the schedule of findings and questioned costs
shall include a reference number to allow for easy referencing of the audit findings during
follow-up. .
§_.515 Audit working papers.
(a) Retention of working papers. The auditor shall retain working papers and reports for a
minimum oftbree years after the date of issuance of the auditor's report(s) to the auditee, unless
the auditor is notified in writing by the COgni71U1t agency for audit, oversight agency for audit, or
pass-through entity to extend the retention period. When the auditor is aware that the Federal
awarding agency, pass-through entity, or auditee is contesting an audit finding, the auditor shall
contact the parties contesting the audit fmding for guidance prior to destruction of the working
papers and reports.
(b) Access to working papers. Audit working papers shall be made available upon request to
the cognizant or oversight agency for audit or its designee, a Federal agency providing direct or
indirect funding, or GAD at the completion of the audit, as part of a quality review, to resolve
audit fmdings, or to carry out oversight responsibilities consistent with the purposes of this part.
Access to working papers includes the right of Federal agencies to obtain copies of working
papers, as is reasonable and necessary.
§_.520 Major program determination.
(a) General. The auditor shall use a risk-based approach to determine which Federal programs
are major programs. This risk-based approach shall include consideration of: Current and prior
audit experience, oversight by Federal agencies and pass-through entities, and the inherent risk
2S of 30
7120100 12=56 PM !
.' Office of Management and Budget
.
http:/. . whitehouse.gov /OMB/circularsla 13 3/a 133 .hbnl
of the Federal program. The process in paragraphs (b) ~ough (i) of this section shall be
followed.
(b) Step 1. (1) The auditor shall identify the larger Federal programs, which shall be labeled
Type A programs. Type A programs are defined as Fedëral programs with Federal awards
expended during the audit period exceeding the larger of:
(i) $300,000 or three percent (.03) of total Federal awards expended in the case of an auditee for
which total Federal awards expended equal or exceed $300,000 but are less than or equal to
$100 million.
(ii) $3 million or three-tenths of one percent (.003) oftotal Federal awards expended in the case
of an auditee for which total Federal awards expended exceed $100 million but are less than or
equal to $1 0 billion.
(m) $30 million or 15 hundredths of one percent (.0015) oftota! Federal awards expended in the
case of an auditee for which total Federal awards expended exceed $10 billion.
(2) Federal programs not labeled Type A under paragraph (b)(I) of this section shall be labeled
Type B programs.
(3) The inclusion oflarge loan and loan guarantees (loans) should not result in the exclusion of
other programs as Type A programs. When a Federal program providing loans significantly
affects the number or size of Type A programs, the auditor shall consider this Federal program
as a Type A program and exclude its values in determining other Type A programs.
(4) For biennial audits,permitted under § 0220, the determination of Type A and Type B
programs shall be based upon the Federal awards expe1Íded during the two-year period.
(c) Step 2. (1) The auditor shall identify Type A programs which are low-risk. For a Type A
program to be considered low-risk, it shall have been audited as a major program in at least one
of the two most recent audit periods (in the most recent audit period in the case of a biennial
audit), an~ in the most recent audit perio~ it shall have had no audit findings under .
§_0510(a). However, the auditor may use judgment and consider that.audit findings from
questioned costs under §_0510(a)(3) and §_0510(a)(4), fraud under §_0510(a)(6), and
audit follow-up for the summary schedule of prior audit findings under §~0510(a)(7) do not
preclude the Type A program from being low-risk. The auditor shall consider: the criteria in
§_0525(c), §_0525(d)(I), §_0525(d)(2), and §_oS25(d)(3); the results of audit
follow-up; whether any changes in personnel or systems affecting a Type A program have
significantly increased risk; and apply professional judgment in detennining whether a Type A
program is low-risk.
(2) Notwithstanding paragraph (c)(I) of this section, OMB may approve a Federal awarding
agency's request that a Type A program at certain recipients may not be considered low-risk.
For example, it may be necessary for a large Type A program to be audited as It'.ajor each year
at particular recipients to allow the Federal agency to comply with the Government
Management Reform Act of 1994 (31 V.S.C. 3515). The Federal agency shall notify the
recipient an~ ifknown, the auditor at least 180 days prior to the end of the fiscal year to be
audited of OMB's approval.
(d) Step 3. (1) The auditor shall identify Type B programs which are high-risk using
professional judgment and the criteria in §_0525. However, should the auditor select Option 2
under Step 4 (paragraph (e)(2)(i)(B) of this section), the auditor is not required to identify more
high-risk Typc'B programs than the number oflow-risk Type A programs. Except for known
reportable conditions in internal control or compliance problems as discussed in §_0525(b)(1),
§_.525(b)(2), and §_0525(c)(I), a single criteria in §_0525 would seldom cause a Type B
program to be considered high-risk.
26 of30
7fZO/OO 12:56 PM
. Otñce of Management and Budget
.
http:/. . whitehouse. gov/O MBlcirtu1arsla 13 3/a 13 3 .html
(2) The auditor is not expected to perform risk assessments on relatively small Federal
programs. Therefore, the auditor is only required to perform risk assessments on Type B
programs that exceed the larger of:
(i) $100,000 or three-tenths of one percent (.003) of total Federal awards expended when the
auditee has less than or equal to $100 million in total Federal awards expended.
(ii) $300,000 or three-hundredths of one percent (.0003) of total Federal awards expended when
the auditee has more than $1 00 million in total Federal awards expended.
(e) Step 4. At a minimum, the auditor shall ~udit all of the following as major programs:
(1) All Type A programs, except the auditor may exclude any Type A programs identified as
low-risk under Step 2 (paragraph (c)(l) of this section).
(2) (i) High-risk Type B programs as Îdentified under either of the following two options:
(A) Option 1. At least one half of the Type B programs identified as high-risk under Step 3
(paragraph (d) of this section), except this paragraph (e)(Z)(i)(A) does not require the auditor to
audit more high-risk Type B programs than the number of low-risk Type A programs id!=ntified
as low-risk under Step 2.
(8) Option Z. One high-risk Type B program for each Type A program identified as low-risk
under Step 2.
(ii) When identifying which high-risk Type B programs to audit as major under either Option I
or 2 in paragraph (e)(Z)(i)(A) or (B), the auditor is encouraged to use an approach which
provides an opportunity for different high-risk Type B programs to be audited as major over a
period of time.
(3) Such additional programs as may be necessary to comply with the percentage of coverage
rule discussed in paragraph (I) of this section. This paragraph (e)(3) may require the auditor to
audit more programs as major than the number of Type A programs.
(f) Percentage of coverage rule. The auditor shall audit as major programs Federal programs
with Federal awards expended that, in the aggregate, encompass at least SO percent of total
Federal awards expended. If the auditee meets the criteria in § .530 for a low-risk auditee, the
auditor need only audit as major programs Federal programs with Federal awards expended that,
in the aggregate, encompass at least 25 percent oftot8l Federal awards expended.
(g) Documentation of risk. The auditor shall document in the working papers the risk analysis
process used in determining major programs. .
(h) Auditor's judgment. When the major program determination was performed arid
documented in accordance with this part, the auditor's judgment in applying the risk-based
approach to determine major programs shall be presumed correct. Challenges by Federal
agencies and pass-through entities shall only be for clearly improper use of the guidance in this
part. However, Federal agencies and pass-through entities may provide auditors guidance about
the risk of a particular Federal program and the auditor shall consider this guidance in
determining major programs in audits not yet completed.
(i) Deviation from use of risk criteria. For first-year audits, the auditor may elect to determine
major programs as all Type A programs plus any Type B programs as necessary to meet the
percentage of coverage rule discussed in paragraph (I) of this s~on. Under this option, the
auditor would not be required to perform the procedures discussed in paragraphs (c), (d), and (e)
of this section.
27 of 30
7fJ.OIOO 12:56 PM
-, Office of Management and Budget
.
http:/8.Whitehouse.gOV/OMB/Circulars/aI33/aI33.html
(1) A flISt-year audit is the f11"st year the entity is audited under this part or the first year of a
change of auditors.
(2) To ensure that a frequent change of auditors would not preclude audit of high-risk Type B
programs, this election for first-year audits may not be used by an auditee more than once in
every three years.
§_.S2S Criteria for Federal program risk.
(a) General. The auditor's determination should be based on an overall evaluation of the risk of
noncompliance occurring which could be material to the Federal program. The auditor shall use
auditor judgment and consider criteria, such as described in paragraphs (b), (c), and (d) of this
section, to identify risk in Federal programs. Also, as part of the risk analysis, the auditor may
wish to discuss a particular Federal program with auditee l'I1ana.gement and the Federal agency
or pa,ss-through entity.
(b) Current and prior audit experience. (1) Weaknesses in internal control over Federal
programs would indicate higher risk. Consideration should be given to the control environment
over Federal programs and such factors as the expectation of man-aement's adherence to
applicable laws and regulations and the provisions of contracts and grant agreements and the
Competence and experience of perscnnel who 8dmini~ the Federal programs.
(i) A Federal program administered under multiple internal control structures may have higher
risk. When assessing risk in a large single audit, the auditor shall consider whether weaknesses
. are isolated in a single operating unit (e.g., one college campus) or pervasive throughout the
entity. .
o'
(ü) When significant parts of a Federal program are passed through to subrecipients, a weak
system for monitoring subrecipients would indicate higher risk.
(Hi) The extent to which computer processing is used to administer Federal programs, as well as
the complexity of that processing, should be considered by the auditor in assessing risk. New
and recently modified computer systems may also indi~te risk.
(2) Prior audit fmdings would indicate higher ris~ particularly when the situations identified in
the audit findings could have a significant impact on a Federal program or have not been
corrected.
(3) Federal programs not recently audited as major programs may be of higher risk than Federal
programs recently audited as major programs without audit findings.
(c) Ovenight exereised by Federal agencies and pass-through entities. (1) Oversight
exercised by Federal agencies or pass-through entities could indicate risk. For example, recent
monitoring or other reviews performed by an oversight entity which disclosed no significant
problems would indicate lower risk. However, monitoring which disclosed significant problems
would indicate higher risk.
(2) Federal agencies, with the concurrence ofOMB, may identify Federal programs which are
higher risk. OMB plans to provide this identification in the compliance supplement.
(d) Inherent risk ofthe Federal program. (1) The nature of a Federal program may indicate
risk. Consideration should be given to the complexity of the program and the extent to which
the Federal program contracts for goods and services. For example, Federal programs that
disburse funds through third party contracts or have eligibility criteria may be of higher ri~.
Federal programs primarily involving staff payroll costs may have a high-risk. for time and
effort reporting, but otherwise be at low-risk.
28 of 30
7flO/OO 12:56 PM
'Office of Management and Budget
.
http://..Whitehouse.gOv/OMB/CircularslaI33/aI33.html
(2) The phase of a Federal program in its life cycle at thë Federal agency may indicate risk. For
example, a new Federal program with new or interim regulations may have higher risk than an
established program with time-tested regulations. Also, significant changes in Federal programs,
laws, regulations, or the provisions of contracts or grant agreements may increase risk.
(3) The phase of a Federal program in its life cycle at the auditee may indicate risk. For
example, during the first and last years that an auditee participates in a Federal program, the risk
may be higher due to start-up or closeout of program activities and staff.
(4) Type B programs with larger Federal awards expended would be of higher risk than
programs with substantially smaller Federal awards expended.
§_.530 Criteria for a low-risk auditee.
An auditee which meets all of the following conditions for each of the preceding two years (or,
in the case of biennial audits, precedi~g two audit periods) shall qualify as a low-risk auditee
and be eligible for reduced audit coverage in accordance with §_.520:
(a) Single audits were perfonned on an annual basis in accordance with the provisions of this
part. A non-Federal entity that has biennial audits does not qualify as a low-risk auditee, unless
agreed to in advance by the cognizant or oversight agency for audit.
(b) The auditor's opinions on the fmancial statements and the schedule of expenditures of
Federal awards were unqualified. However, the COgrai7Jmt or oversight agency for audit may
judge that an opinion qualification àoes not affect the management of Federal awards and
provide a waiver.
(c) There were no deficiencies in internal control which were identified as material weaknesses
under the requirements of GAGAS. However, the COgJ'li7Jmt or oversight agency for audit may
judge that any identified material weaknesses do not affect the management of Federal awards
and provide a waiver.
(d) None of the Federal programs had audit fmdings from any of the following in either of the
preceding two years (or, in the case of biennial audits, preceding two audit periods) in which
they were classified as Type A programs:
(1) Internal control deficiencies which were identified as material weaknesses;
(2) Noncompliance with the provisions of laws, regulations, contracts, or grant agreements
which have a material effect on the Type A program; or(3) Known or likely questioned costs
that exceed five percent of the total Federal awards expended for a Type A program during the
year.
Appendix A to Part - - Data Collection Form (Fonn SF-SAC) ~ (56KB)
Appendix B to Part - - Circular A-133 Compliance Supplement
Note: Provisional OMB Circular A-133 Compliance Supplement is available from the Office of
Administration, Publications Office, room 2200, New Executive Office Building, Washington,
DC 20503.
Billing Code 3110-01-P
7120/00 12:56 p~
.,0 nf 10
~
,OLice òf Mæ.agement and Budget
.
http://8 . whitehouse.gov 10 MB/circularsla 133/a 13 3 .html
The Budget I Legislative Information I Management RefonnlGPRA
Grants Managemeñt
Financial Management I Procurement Policy I Information & Regulatory Policy
Privacy Statement.
30 of30
7fJ.OIOO 12:56 PM
,--
~
-
ë
.,
e.
.
..
.'
~""~"""7i .
'-<' . .' ,
",,~ -.
'Io.~. ~.: -roO
.... " .'
..1. t... ~ J""'. .
Ct::" 'X -- -'
\"T.::~- ~ - . :
,\w~ ~ .
\: ~ -. ,
~ J. .
~'!.l ':
..
STATE OF FLORIDA
DEPARTMENT 'OF COMMUNITY AffAIRS
2 7 ~ 0 C I N T I . V I I.W D I I V I . T It. 1 L A H It. 5 5 t E, ..1 L 0 . I D It. J 2 :I , ,
108 MARTINEZ
~ Itl}fl
'ntOMAS c;. PELH4M
~.,
February 27.1990
Memo No:
HCD:CDBG6-90-1
M'£MO~Þ.NDUM
'Xo:
All Small Cities community Development Block.Grant
Eligible Communities, Regional Planning Councils
and other Interested Parties
~wiS o. Burnside, Jr~6?rector
Division of 'Housing and community Development
FROM:
SUBJECT :
LOCAL PROCUREMENT OF PROFESSIONAL SERVICES IN THE
ADMINISTRATION OF COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) PROGRAMS
=========================================c==============c========
I.
¡ntroducti6n and PurPose
,
Many questions have been rais.ed recently concerning CDBG
procurement procedures. . ~here appears to be a lack of adequate
local procurement practices, and in some instances, use of
questionable procedures in selecting professional services for'
grant preparation and the administration of CDBG programs. 'Xhis
memorandum is an attempt to address this situation and assure'
that maximum "öpen and.free competition is achieved through sound
procurement practices.
.This memorandum does not supercede or replace any applicable
federal and state laws and regulations. However, this memorandum
will provide general guidance regarding the implementation of
these laws and regulations. All local government officials,
grant administrators, planning councils, consultants and ethers
w~th designated responsibility for the ~dministration of CDBG
aw~rd contracts remain responsible for ensuring compliance with
all applicable federal and state laws and regulations. Such laws
and regulations include'~ut are not limited to the following:
OMB circular A-102, Att~chment .0: 24 CFR Part B5 Section B5.36:
EM£RCENCY MANACEME/IlT . HOUSINC AND COMMUNITY D[V£1.OPME/IlT . aESOUla nANNlNc; AND ,,"~c;EME/IlT
i.
.
.
..
MeJDorandum
Page Three
( "
B.
~election Procedures
,'.1'0 avoid violations of federal regulations contained in 24
CFR Section 85.36 and OMS c4rcular A-l02, Attachment 0, and
policy memoranda issued by HUD, recipients should follow these
quidelines:
place advertisements for proposals in more thån just
a single local newspaper:
- do not use familiaritÿ with.a particular ~arget Area
or a .particular local jurisdiction as a se¡ection
factor:
- assure that more than one potential bidder .can meet
all of the selection factors:
'-,W
~II'
- be sure of a clear connection between the selection
factors and the work to be ac~omplished:
- do not use .past CDBG performance as determined
_by DCA n as a selection factor; ,"
- consider the ability of potential bidders'to become
familiar with the locality in a 5hort time and
familiarity with'the CDBG program: .
-
('
~ assure that contracts are only awarded to contractors
with sufficient capacity to complete the award
contract.
Sufficient records must be maintained to support the
Þasis for:
- the selected method of procurement:
- the'sei'ectiõri"öf'contract type:
- the contractor selection or rejection:
- the selected contractor price.
.'
C.
Deterrninina pricina
Fair and"reasonable profits should be permitted for
professional services under 24 CFR s. 85.36: however, a cost or
price analysis must ~e included in all proposals which supports
!
,
.
.
.
,-. "
Memorandum
Page Five
(c)
a' separate professional services contract must be
executed between the local government and the
consultant for each particular CDBG program.
those types of services haviñg a ~elat1vely
undefined scope, such as program management or
administration, and those services of a more
defined scope, such as engineering or
architectural design, must be separatèd from each
other into individual contrac~s: and
(b)
(d)
each services contract must identify by program
number and individual project the grant to which
it is applicable. .
E.
proaram ~dministration
~::
In" addition, OMB circular A-102, Attachment 0 establishes
that a general conflict exists where a local governm~ awards a
multi-service contract to a firm to administer its C~G program,
while at the same time the same firm is to provide a service,
such as engineering, where.the administrator Bust oversee and
approve its own work. In such cases, the services of an
independent third party should be obtained to provide the
necessary oversight and approvals.
~he local government's recordkeeping and ~in8ncial
~anagement system should be maintained locally so that the local
government has control and accountability of ~ll CDBG funds.
. -
-
i
:I:I:I.
Conclusion
~he possible lack of competition in the procurement of
professional services for the ad~inistration of CDBG proqrams
appears to be inconsistent with the procurement standards.
required by state and federal regulations. The policies set forth
in this memorandum should be implemented immediately to ensure
conformance upon receipt of CDBG funds beqinning,with FFY 1989.
Thank you for your attention and cooperation in this matter.
If you have any questions or ,require additional information, you
may write to Ms. Wanda A. Jones, Planning Manager, Department of
community Affairs, 2740 centerview Drive, ~allahassee, F~orida
32399-2100 or you may contact Ms. Jones at (904) 487-3644.
.
LOB/~jf
.
- ---- - - .
,~ '
. ~. , I SIGNATURE AUTHORITY FOFA
INDIVIDUA AUTHORIZED TO SUBMIT REQUElr§ FOR PAYMENTS
SUBMIT THREE ORIGINAL COPIES FOR EACH CONTRACT
I
I
!. Recipient
I
L
I Mailing Address (Street or Post Office Box)
I
Contract #
! City, State and Zip Code
I
I Contact Person Telephone #
Requests for funds from the Florida Small Cities CDBG Program (Department of Community Affairs) require (check
one) [ ] one signature [ ] two signatures of individuals authorized below.
Typed Name Date Signature
Typed Name Date Signature
I Typed Name
Date Signature
f~ Nome
Date Signature
A non-interest bearing account has been established at the financial institution (insured by the FDIC) listed below for
the deposit of CDBG funds. In the case of an escrow account, the account is interest bearing. All signatures on this
account must be bonded. .
~ame of Financial Institution I Account Number
-+"elePhone Number
, Street Address or Post Office Box
I I
I City I State and Zip Code
I
!
I For local governments receiving Electronic Fund Transfer (EFT), please identify the person to which notification of the
i deposit should be directed. Please note that if your local government is currently receiving EFT for any State funds,
I CDBG payments will also be made in this manner to your local government's general account. Complete this
I section only if your local government is receiving EFT.
!
I Mailing Address (Street or Post Office Box)
I City I State, Zip Code
I
I
!
I
. Contact Person
I
I
i I certify, as the recipient's Chief Elected Official, that the above signatures are of the individuals authorized to sign
. requests for funds from the Small Cities Community Development Block Grant.
:
¡ Typed Name I Dale I S~"at"re
I
I
1
Department of Community Affairs
Small Cities Community Development Block Grant (CDBG) Program
. REQUEST FOR FUr~DS FORM
, Recipient
Reporting Period From
(2) Contract #
(6) Form Prepared By
(3) Grant Expiration Date
(4) R. quest for Funds #
to
Telephone Number
(Type Name)
(7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18) (19) (20)
mv" LINE-II EM IDII ORIGiNAl CURRENT TOTALOCA AVAIlABLE CDlOfUNDI CURRENT PROJECTED PROJECT NONoCDIG ACCOMPLISHMENTS ACCOMPUIHMENTS
Y DESr:IIIPIIUN ACTIVIT BUDGEr AMENDED fUNDI GRANT PENDING ExPENDIrURES EXPENDIIURES BALANCE fUNDS CONrllACrED rODArE
:OOE y BUDGEr DISBURSED BALANCI! DI8BURIED fOR
. CaDI! TO DATI! TODArl!
'.
,
:xx TOTALS XXX XXXXXXX XXXXXXX
I Total DCA Funds Received to Date
$
(25) Total Current Expenditure (Col. 15)
$
*Housin(,' Rehab Grants Only:
(29) ,\mount of Housing Rehab Funds Placed
In Housing Escrow Account:
I Total DCA Funds Disbursed to Date
I ca.n Hand
$
(26) Total Projected Expenditures (Co!. 16)
$
$
(27) Cash On Hand+Program Income (23+24) $
,.
.!I
I Program Income
$
(28) Total Amount Requested (25+26-27)
$
Submitted by
"
Submitted by
Signature
Date
(Type Name)
(Must be Original Signature)
Signature
Date
(Type Name)
(Must be Original Signature)
ISING E3CROW ACCOUNTS SHOULD BE INTEREST BEARING. INTEREST MUST BE RETURNED TO THE DEPARTMENT ON A QUARTERLY BASIS. THIS REQUIREMENT APPLIES TO ALL FFY 1993 tiO~SING GRAN Tn FORWARD.
IRS IN REQUESTS FOR FUNDS RESUI.T IN DELAYS, PLEASE CALL AMY JOHNSON AT 850/922-1894 IF YOU HAVE QUESTIONS OR NEED ASSISTANCE. ' ,
REVISED 8198
~
II
I
~
I
!
t,\
I
~i
I~
'~l
11
. ~,
.1\
c
tIjI
,I
.~
~
I
, ,
~
DEPARTMENT OF COMMUNITY AFFAIRS SMALL CITIES CDBG PROGRAM
, REQUEST FOR FUNDS INSTRUCTIONS
Follow these Instructions when preparing a Request for Funds. The RFF form must be typed, verified and bear original signature, t
~~CIPIENT name as it appears in award
lement
~ONTRACT NUMBER from first page of award
~ement.
;RANT EXPIRATION DATE: Ending date of
ract
~EQUEST FOR FUNDS #: Requests should be
ecutively numbered, starting with 1. If a RFF is
ed a~esubmitted, the same number should
¡ted.e corrected RFF.
:EPORTING PERIOD: FROM date is the
lning date of the period in which costs were
'fed for which RFF is being submitted (or one
ifter the TO date in the previously submitted
I. TO date is the last dale for which costs were
red that are being requested in the RFF.
Jrlzed person(s) may sign the form on or after
1St date of the reporting period,
DRM PREPARED BY: Name and phone
)er of person who prepared the form and can
Intacted If there are questions about the
IS.
CTI CODE: Activity codes should be
i (cal order for each line item shown
Idget summary of award agreement.
INE ITEM DESCRIPTION: Activity description
led In award agreement (must agree with
Iy code),
..
'S ACTIVITY CODE: IDIS matrix codes will
ovlded by DCA at the time the on-line
m Is-activated. Until then, leave this
rtn blank.
)RiC"INAL BUDGET: Budgeted amount for
:ictL,ity as shown on budget summary of
award agreement (Attachment A).
(19) ACCOMPLISHMENTS CONTRACTED FOR:
Accomplishments for each activity listed In contract
. (I.e., number of housing units to be rehabed, linear
feet of sewer line to b~ constructed, etc.).
(11) CURRENT AMENDED BUDGET: If an
amendment has been approved that changed the
original budget of any line Item, enter the amended
budget amounts. '(20) ACCOMPLISHMENTS TO DATE: Actual
, accomplishments achieved to date for éach activity
(as of the end of RFF reporting period),
(12) TOTAL DCA FUNDS DISBURSED TO DATE:
Of the total amount of funds recipient h$s received
to date, enter the actual amount of funds disbursed
In each activity, .
(13) AVAILABLE BALANCE: Subtract Total DCA
Funds Disbursed to Date (Column 12) from Original
Budget (Column 10) and enter amount. If budget
has been amended, subtract Total DCA Funds
Disbursed to Date (Column 12) from Current
Amended Budget (Column 11).
(14) CDBG FUNDS PENDING: CDBG funds (for
each activity) reQuested from DCA, but not yet,
received.
(15) CURRENT EXPENDITURES: Current
expenditures for each activity (outstanding Invoices,
payroll and reimbursements to local government),
(16) PROJECTED EXPENDITURES: Expenditures
(for each activity) projected or anticipated to occur
between date RFF Is submitted and date funds are
deposited In bank account.
(17) PROJECT'BALANCE: Amount of CDBG funds
available for each activity after request. Subtract
Columns 14,15 and 16 from Column 13 to obtain
Project Balance.
(18) NON-CDBG FUNDS DISBURSED TO DATE:
Amount of other funds expended to date for each
activity per contract agreement (private
Investments, local government contributions, etc.)
documented to date.
(21) TOTAL DCA FUNDS RECEIVED to DAT~.
(22) TOTAL DCA FUNDS DISBURSED TO DATE:
Total amount disbursed from funds received from
DCA. Figure should equal the total In Column 12.
(23) CASH-ON-HAND: Subtract LIne 22 from LIne
21 and enter amount. A cash-an-hand balance of
no more than $5,000 may be maintained for 3 days
;>r more for dally cash needs for administrative
purposes. Any'amount exceeding $5,000 must be
returned to DCA with a letter stating the actlvlty(s)
line item where the unallocated funds should be .
placed. If cash on-hand Is desired after payme(1t,
the funds must be reflected In the projected
expenditures column (not ,-;Impl.v added to the total
amount requested). Funds held In a housing rehåb
escrow account to cover projected expenditures
must not exçeed amount expected to be disbursed
within 10 working days from the date of deposit.
(24) PROGRAM INCOME: Total amount of program
Income available to be spent on project during
current reporting period. Program Income Includes,
but Is not limited to, payments of principal and
Interest on loans made with CDBG funds; proceeds
from lease or disposition of real property acquired
with CDBG funds; Interest earned on CDBG funds
held In a revolving fund; and Interest earned on
program Income pending disposition. Program
Income must be exDended or returned to DCA
before drawinG down CDBG funds. If Program
Income Is part of a revolving loan fund, It does not
have to be expended first unless the request Is'for
an activity that can be funded under the revolving
loan fund guidelines. See 24 CFR 570.500 and 24
CFR 570.504 or request assistance from CDBG
staff if you have questions about revolving loan
, fund~ or program income. A detailed program
Incon Ie report must be submitted to DCA semi-
annu Illy, Interest earned on deposit accounts
containing CDBG funds must be returned to DCA.
(25) CURRENT EXPENDITURES: Total from
Colulln 15.
(26) PROJECTED EXPENDITURES: Total from
Colulm 16.
(27) C:ASH ON HAND + PROGRAM INCOME:
Total from LIne 23 plus Line 24.
(28) TOTAL AMOUNT REQUESTED: Total funds
reclpl3nt expects to receive from DCA. A RFF will
not bl! processed for less than $5,000 unless it is
the fir al draw. Calculate Total Amount Requested
by su >tracting Cash on Hand and Program Income
LIne (27) from Current Expenditures plus Projected
Expenditures (line 25 + 26).
(29) f 'OUSING REHA BILl TA nON FUNDS THA T
WILL BE PLACED IN A HOUSING REHAB
ESCF 'OW ACCOUNT: Indicate amount of this
reaue'il that will be placed In a housing rehab
escro'v account. Explain if necessary.
(30) ~ IGNA TURES: The RFF must be signed by
the Inolividual(s) designated on the most recent
signature authorization form filed with DCA. The
RFF f ubmltted to DCA must bear an original
signature; a xerox copy Is not acceptable.'
IMPORTANT
IF YOU HAVE QUESTIONS ABOUT THIS FORM, PLEASE
.CALlJIMY JOHNSON AT 850/922-1894. ERRORS ON A
RfF MI IY RES~L T IN THE NEED FOR A CORRECTED FORM
ANDWll DELAY YOUR RECEIPT OF PAYMENT.
"
~
: I
r
\I
!
~
~~
"
AI
\'
~
~
¡
11
! ;
i
.' .
'.
Ji
:r
DEPARTMENT OF COMMUNITY AFFAIRS
SMAll CITIES CDBG PROGRAM
CONTRACTUAL OBLIGA TRONS AND MBE REPORT
(1) ~¡EQUEST FOR FUNDS "-
(2) t:tAGE_OF -
'r'
(3) ~~clpent,
(5) Report Period From
To
(4) Contrac~ Number:
(8) Form Prepared By,
I
(Name)
(Phone Number)
I (I) I (9) 1 -f10)~ (11) I (12) 1(13)-1
I Prime I Subcontractor 1 Contract 1 Amount of I Type of I Contractor or I
I Contractor 1 Identification I Period I Contract or 1 Trade I Subcontractor 1
1 Identlncatlon 1 (ID) Number I --- - --- 1 Subcontract I 1 thru 3 I Racial Ethnic I - - - - - -- - - -------------
Include all professiollal solVlces such as consultants, I (ID) Number 1 I (a) 1 (b) I 1 I 1 thru' I (14) 1 (16i I (18) I (17) I (18)
engineers, archifects, etc. Both prime contractor and 1 1 I Start 1 End 1 1 I 1 Section 3 1 WBI JI I Small I Davis 1 Type of
subcontractors (with contracts over $10,000) paid with 1 1 I Date 1 Date 1 1 1 , I 1 1 Business I Bacon 1 Procurement
. dollars must be Included. Do not list previously 1 I' (see below) 1 1 1 1 (see below) 1 (see below) 1 YIN 1 VI,. . 1 YIN I YIN 1 (see below)
. edlnformation. I 1 1 1 I 1 1 1 1 I I 1
------------------------------------------------------------- I I ----------------- 1 ----- 1 --- I --------1 ----- I - --- 1 1 - -I I - I -----------
Name I 1 1 1 1 I 1 1 1 1 I I
Street 1 I 1 I 1 1 1 1 1 1 I I
City I I 1 I I I 1 1 I I I I
Stale & Zip Code "I I, I 1 1 1 1 1 1 I I I
----------------------------------------------------------- I - 1 -------------- 1 ----- 1 --- 1 --------1 --- 1 -------- 1 1 - - I I - I --------
Name I I 1 1 I I 1 I I 1 I I
Street I 1 1 I 1 1 I 1 1 I I I
Cily I I I 1 I I 1 1 1 1 I I
Slate & Zip Code I 1 1 1 I I 1 1 I I I 1
--------------------------------------------------------------- I ----- I ------ I ---- I -- 1 --------1 1 -------- I -- 1 - - I I - I ---------
Name I I 1 I I 1 1 1 1 I I i
Street. I 1 I 1 1 I I I 1 I I I
Cily I I. I I 1 1 1 I 1 I I I
State & Zip Code I 1 1 1 1 1 I 1 1 1 1 1
--------------------------------,------------------------- I ------ 1 ---------- 1 ----- 1 --- 1 -------1 -- 1 --------1 1 --I I -I ------------
Name I 1 1 1 1 1 1 1 I I 1 I
lIP I 1 1 II 1 1 1 1 1 I I
I I I I I I I I 1 I 1 I
Stae&ZipCode I I I 1 I 1 I 1 1 1 I 1
----------_u__u_----------------------------------- I I ---- 1 -- I --- I --:--1 1 -- 1 - I -- 1 1 - I ----------
Name I 1 1 1 I 1 1 I I I I 1
Street 1 1 1 I 1 1 1 1 1 I, I I
City I I 1 1 1 1 1 I 1 I I I
State & Zip Code I 1 I I 1 1 I 1 I I 1 I
e-----------_u_------------------------------------- I I ~ 'I --- 1 --- 1 ------1 - 1 1 I - - I I - I --------
(13) RacIal Ethnic Codes (18)
1 1:1 White American CB=CompeUUve Bid
2 . Black American , E=Emergency Purchase
3 II Native American CN=Competltlve Negotiation
4 . HispanIc American NCIlNon-Competltlve Negotiation
5 II As/an/PaclOc American SPaSmall Purchase
III Ha.ldlc Jews
7 II Other
(7) Contractor/Subcontractor
Name & Address
(Ffilin for each contractor or subcontractor)
Procur8lnent Compliance Checklist
it
pit
~
:1
~
r
.~.
~,
(9) When subcontractor ID 15 used, Information
In columns '0. through 17 must reflect the
subcontractor Information, not the prime
contractor's Informatioll; also Include prime
contractor's ID IIlImber.
I
',1
.~
(12) Type of Trade Codes: CDP
1 II New Construction (Includes housIng rehab, water and .ewe"
2 II Education Training
3 II Other ( Includes supply, profe.s/onal services end.
other activIties except construction and education/trainIng)
I~
~
.
Revised JO/lU81}' 1999
,
II
. t
ï j
I,
FLORIDA SMALL CITIES CDBG
CONTRACTUAL OBLIGATION & MBE INSTRUCTIONS
Fci\!oW the Instructions below when completing \he Contractual Obligations and MBE (COIMBE) report. The COIMBE form must be typed, checked for accuracy and >ubmilled 10 DCA In duplicate.
Submit It WiIh the Request For Funds (RFF) If there has been new COnlnetual activity since Ihe Isst RFF wai submilled. The loon should report new conlractual actM)' and should not be "cumulative",
(The COIMBE "pori does not need to be submilJed wIIh /he RFF II/he,. has been no now con_oJ aclMfy sInco /he last RFF was submilJod, Romamba~ fha RFI' must ho.. originat signahaøs.)
(1) Request for Funds Number: Enter the RFF number for which this report is pertinent.
(2) Page- of _: Number pages as needed; use additional forms If necessary.
(3) Recipient: Enter complete name of recipient (include city or county with name).
~Contract Number: Enter complete contract number.
(!'Report Period (FromlTo): Enter beginning and ending dates for the contractual obligations
being reported. These dates should coincide with the reporting dates on the Request For Funds
form.
(6) Form Prepared By: Enter name and phone nu'mber of the person respo"nsible for the report.
(7) Contractor/Subcontractor Name and Address: Enter this information for each firm receiving
a contract or subcontract. Be sure to include a zip code. Oniy activitiea of $10,000 or more need
to be reported unless con.tracts of $10,000 or less represent a significant portion of the total
contracting activity"
(8) Prime Contractor Identification Number: Enter Employer Identification Number (IRS) or
Social Security number of the Prime Contractor as the identifier for each contract awarded from
CDBG funds.
.bcontractor Identification Number: Enter Employer Identificati~n Number (IRS) for the
ntractor as the identifier for each contract awarded from CDBG funds. When a
subcontractor ID or Social Security number is provided (where there is no IRS number), the Prime
Contractor ID number must also be provided. If a subcontractor ID is placed In column 9,
information In columns 10-18 must reíleet subcontractor information rather than prime contractor
Information. Use the HUD Labor Standards Handbook # 1344 (7-3) to determine whether or not a
subcontractor is an employee.
J
(10) Contract Period: (a) Start Date: Enter beginning date of contractual period. (b) End
Date: Enter ending date of contractual period.
~~
, ,
(11) Amount of Contract/Subcontract: Enter dollar amoun of contract.
(12) Type of Trade: Enter ~he code (1,2 or 3) which best ind cates the contractor/subcontractor
service. If a subcontractor ID is provided in 9. the trade code' yould be for the subcontractor
instead of the prime contractor. The Rnew construction" categ'uy (1) includes housing
rehabilitation, water and sewer. The Rother" category (3) Inclu tes supply, professional services
, and other activities except construction and education/training
'\
. I
(13) Contractor or Subcontractor Business Racial/Ethnic Code: Enter the code (1-7) for the
racial/ethnic character of the owner(s) or controller(s) of 51% (Ir more of the business. If 51% Is
not owned and controlled by a single racial/ethnic category, er ter the most appropriate code. If a
subcontractor 10 is provided in 9, the trade code would apply t ) the subcontractor Instead of the
prime contractor.
(14) Section 3: Enter "Yes" or "NoR In column 15. "Yes" if Se.::tion 3 applies and "No" if Se(:tlon 3
does not apply (see HUD Handbook 8023.1).
(15) Women Business Enterprise (WBE): Enter "YasR or "110" in column 16. RYes" If it is a
Women Business Enterprise and "No" If it Is not.
(16) Small Business: Enter "Yes" or "No" in column 17. "Ye,;" if it is a Small Business and "No" if
it Is not a Small Business.
I
I I
i
1
!
(17) Davis Bacon: Enter "Yes" or RNo" In column 1. "Yes" if Davis Bacon applies and "No" if
D~vls Bacon does not apply.
(18) Type Procurement: Enter applicable acronym:
" CB = Competitive Bid
SP = Small Purchase
E = Emergency Purchase
a = Other
CN = Competitive negotiation
NC = Non competitive negotiation (approved by DCA)
Revised January 1999
J,