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HomeMy WebLinkAbout93-308 Resolution No. 93-308 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH COMMUNITY CONTACTS INCORPORATED BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Robert O. Malm, Interim City Manager, be and is hereby authorized and directed to execute a Subrecipient Agreement on behalf of the City of Elgin with Community Contacts Incorporated for a Weatherization Housing Repair Program, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: December 1, 1993 Adopted: December 1, 1993 Omnibus Vote: Yeas 6 Nays 0 Attest : s Dolo nna Mecum Dolonna Mecum, City Clerk 0 �n Agenda Item No. [... 09 4 oa bq November 8, 1993 MEMORANDUM TO: Mayor and Members of the City Council FROM: Robert 0. Malm, Interim City Manager SUBJECT: Proposed Subrecipient Agreement Between Community Contacts, Inc. and the City of Elgin Purpose: To review the attached ro osed subrec ipient p agreement between the City and Community Contacts, Inc. Background: In 1992 the City Council allocated Community Development Block Grant (CDBG) funding for home repairs in association with the Weatherization Program operated by Community Contacts, Inc. The attached subrecipient agreement has been reviewed and approved by the Community Contacts Board and the city's Legal Department. Financial Impact: The $20, 000 in funding for this project is contained in the 1992 CDBG budget. Recommendati on: It is recomme nded that the City Council approve the attached subrecipient agreement. Upon City Council approval a resolution authorizing execution of the agreement will be prepared for the December 1, 1993 City Council meeting. Rob t O. Mal Interim City Manger SUBRECIPIENT AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WEATHERIZATION HOUSING REPAIR PROGRAM COMMUNITY CONTACTS INCORPORATED/CITY OF ELGIN THIS AGREEMENT is entered into this day of , 19(13 by and between the City of Elgin, Illinois, a municipal corporation (herein called the "Grantee" ) and Community Contacts Incorporated, a not-for-profit corporation (herein called the "Subrecipient ) . WHEREAS, the City of Elgin has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, Public Law 93-383; and WHEREAS, the City of Elgin wishes to engage Community Contacts, Incorporated to assist the City of Elgin in utilizing such funds: NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged, it is agreed between the parties hereto that; I. SCOPE OF SERVICE A. A program is hereby established for the repair of housing components necessary to complete energy conservation (weatherization) repairs benefitting low income households. Said program shall be titled the Weatherization Housing Repair Program. The Subrecipient shall be responsible for administering the Weatherization Housing Repair Program in a manner satisfactory to the Grantee and consistent with any standards required as a condition of providing these funds. The purpose of this Community Development Block Grant activity is to provide funds to the Subrecipient to be used for the repair of housing components necessary to complete energy conservation repairs for housing units eligible for the Illinois Home Weatherization Program. The Weatherization Housing Repair Program work items may include, but shall not be limited to, plumbing repairs, roof repairs, heating system repairs or replacement, correction of energy related electrical code violations, exterior repairs, foundation repairs and replacement of hot water heaters. The Subrecipient shall inspect each dwelling unit and determine the housing repairs necessary in order to complete the weatherization of the dwelling unit. A list of the necessary repair work and specifications shall be compiled by the staff of the Subrecipient. Repair work shall be awarded to contractors through an open competitive bidding process. Housing repair work is to be completed by the selected contractor and the completed repair work approved by the Subrecipient staff prior to final payment. All bidding and purchase documents shall be available for inspection by the Grantee and representatives of the U. S. Department of Housing and Urban Development. All clientele served by the Community Development Block Grant funded Weatherization Housing Repair Program shall be very low income households as classified by the U. S. Department of Housing and Urban Development Section 8 income limits (see Exhibit A) . The Subrecipient shall be responsible for documenting the income of all households participating in the Weatherization Housing Repair Program. All such documentation shall be available for inspection by the Grantee and representatives of the U. S. Department of Housing and Urban Development. All repair work is to be limited to homeowner occupied dwelling units. II. PERFORMANCE MONITORING The Grantee will monitor, at a minimum, on a quarterly basis the performance of the Subrecipient against the goals and performance standards contained herein. Substandard performance as determined by the Grantee will constitute material breach with this agreement. If action to correct such substandard performance is not taken by the - Subrecipient within 30 days after being notified by the Grantee, the Grantee may terminate this agreement, and may pursue any remedies provided herein or by law. III. TIME OF PERFORMANCE Services of the Subrecipient shall start on the date of execution of this agreement and shall end twelve months from the date of execution of this agreement. The term of this Agreement and the provisions herein may be extended upon the approval of the Elgin City Council pursuant to a written request from the Subrecipient. Said written request shall be made 30 days prior to the end of the agreement. Page 2 IV. PAYMENT It is expressly agreed and understood that the total amount of funding to be provided for the Weatherization Housing Repair Program under this agreement shall not exceed $20, 000. The Grantee will provide Community Development Block Grant funds in increments of $5, 000 payable to the Subrecipient. The first increment shall be provided to the Subrecipient upon written request after the execution of this agreement and compliance with the written commitment requirement of IX. B. Subsequent payments will be made after expenditure of the initial increment contingent upon satisfactory program progress, compliance with Circular A-110 (Exhibit D) and submission of a written payment request by Subrecipient. Since Community Development Block Grant funds are being used for the Weatherization Housing Repair Program the funds received by the Subrecipient shall be placed in a non-interest bearing account. No interest may be earned on federal Community Development Block Grant funds/if interest is earned it shall be transferred to the Federal Treasury. A total of no more than ten percent ( 10%) of the funding - provided may be used for administrative expenses ($2, 000) . The - Subrecipient may develop an indirect cost allocation plan for - determining the appropriate share of administrative costs and shall submit such plan, if developed, to the Grantee for approval. Administrative charges shall be documented and available for inspection by the Grantee and representatives of the U. S. Department of Housing and Urban Development. Payments may be contingent upon certification of the Subrecipient ' s financial management system in accordance with the standards specified in OMB Circular A-110, Attachment F(see Exhibit D) . V. NOTICES Communication and details concerning this agreement shall be directed to the following representatives: City of Elgin Community Contacc.:s Patricia Andrews, CDBG Administrator Susan Shumpp, Exec. Director 150 Dexter Court 1035 East State Street Elgin, IL 60120 Geneva, IL 60134 (708) 931-5911 (708) 232-9100 Page 3 VI. SPECIAL CONDITIONS The Subrecipient agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part 570 of the Housing and Urban Development regulations concerning Community Development Block Grants and all federal regulations and policies issued pursuant to these regulations. The Subrecipient further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. VII. GENERAL CONDITIONS A. General Compliance The Subrecipient agrees to comply with all applicable federal, state and local laws and regulations governing the funds provided under this agreement. B. Independent Contractor Nothing contained in this agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Subrecipient shall at all times remain an independent contractor with respect to the services to be performed under this agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and /or medical insurance and Workers' Compensation Insurance as the Subrecipient is an independent Subrecipient. C. Hold Harmless The Subrecipient shall hold harmless, defend and indemnify the Grantee from any and all claims, actions, suits, charges and judgments whatsoever that arise out of the Subrecipient's performance or nonperformance of the services or subject matter called for in this agreement. D. Workers' Compensation The Subrecipient shall provide Workers' Compensations Insurance coverage for all employees involved in the performance of this agreement. Page 4 E. Insurance and Bonding The Subrecipient shall carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or undue physical damage, and as a minimum shall purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the Grantee. The Subrecipient shall comply with the bonding and insurance requirements of Attachment B of OMB Circular A-110, Bonding and Insurance. F. Grantor Recognition The Subrecipient shall ensure recognition of the role of the Grantee in providing services through this agreement. All activities, facilities and items utilized pursuant to this contract shall be prominently labeled as to funding source. In addition, the Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this contract. G. Amendments The Grantee or the Subrecipient may amend this Agreement at any time, provided that such amendments make specific reference to this Agreement, are executed in writing, signed by a duly authorized representative of the parties hereto, and approved by the Elgin City Council. Such amendments shall not invalidate this Agreement, nor relieve or release the Subrecipient from its obligations under this Agreement. The Grantee may, in its discretion, amend this Agreement to conform with federal, state or local governmental guidelines, policies and available funding amounts or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of, the activities to be undertaken as art of this Agreement, such modifications will be incorporated only by written amendment signed by both the Grantee and Subrecipient. The Subrecipient shall cooperate in the execution of any and all documents necessary to effect such amendments at the sole discretion of the Grantee. Page 5 H. Suspension or Termination Either party may terminate this contract at any time by giving written notice to the other of such termination and specifying the effective date thereof at least 30 days before the effective date of such termination. Partial terminations of the Scope of Service may only be undertaken with the prior approval of the Grantee. In the event of any termination, all finished or unfinished documents, data, studies, surveys, maps, models, photographs, reports or other materials prepared by the Subrecipient under this agreement shall, at the option of the Grantee, become the property of the Grantee, and the Subrecipient shall be entitled to receive just and equitable compensation, to the extent provided by the availability of funds as provided herein, for any satisfactory work completed on such documents or materials prior to the termination. The Grantee may also suspend or terminate this Agreement, in whole or in part, if the Subrecipient materially fails to comply with any term of this Agreement, or with any of the rules, regulations or provisions referred to herein; and the Grantee may declare the Subrecipient ineligible for any further participation in Grantee contracts, in addition to other remedies as provided by law. In the event there is probable cause to believe the Subrecipient is in noncompliance with any applicable rules or regulation, the Grantee may withhold up to fifteen ( 15) percent of said Agreement funds until such time as the Subrecipient is found to be in compliance by the Grantee. or is otherwise adjudicated to be in compliance. VIII. ADMINISTRATIVE REQUIREMENTS A. Financial Management - The Subrecipient agrees to comply with Attachment F of OMB Circular A-110 (see Exhibit D) and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. The Subrecipient shall administer its program in conformance with OMB Circulars A-122, "Cost Principles for Non-Profit Organizations" (see Exhibit E) for all costs incurred whether charged on a direct or indirect basis. Page 6 B. Records and Reports The Subrecipient will be responsible for the following reports and documentation : 1. For each household assisted by the Weatherization Housing Repair Program a program file shall be maintained which contains the following items: a. Name, address and size of the assisted household. b. Income verification of the assisted household. c. List of necessary housing repair items. d. Notification to the Grantee of the address of the housing unit to be assisted and repairs to be undertaken. e. Competitive bid documents for the listed repair work items. f. Documentation of acceptance of the completed repair work. g. Documentation of payment for the completed work. h. Financial records as required by 24 CFR Part 570, 502, and OMB Circular A-110. i. Other records necessary to document compliance with Subpart K of 24 CFR 570. 2. The Subrecipient shall provide the Grantee with quarterly reports on the housing units assisted by address, work completed or underway, monthly expenditures and any other information as appropriate. 3. A final report shall be submitted within thirty days from the final Weatherization Housing Repair Program expenditure. The final report shall contain addresses of all housing units assisted, total expenditure per housing unit, a list of work items accomplished per housing unit, any associated administrative costs and any other information as appropriate. 4. Retention of Records - The Subrecipient shall retain all records pertinent to expenditures incurred under this contract for a period of three (3) years after the termination of all activities funded under this agreement, or after the resolution of all Federal audit findings, which ever occurs later. 5. Client Data - The Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to the Grantee for review upon request. 6. Disclosure - The Subrecipient understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the Grantee's or Subrecipient 's responsibilities with respect to services provided under this agreement is prohibited unless written consent is obtained from such person receiving the service. Page 7 7. Property Records - The Subrecipient shall maintain real property inventory records which clearly identify properties improved with the allocated Grantee Community Development Block Grant funds. 8. Close-Outs - Subrecipient obligations to the Grantee shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to; making final payments, completion of all required reporting, disposing of program assets (return of unspent cash advances, of unused materials and program income balances) and determining custodianship of records. 9. Audits and Inspections - All Subrecipient records with respect to any matters covered by this agreement shall be made available to the Grantee and the U. S. Department of Housing and Urban Development at any time during normal business hours, as often as the Grantee or the U. S. Department of Housing and Urban Development deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports shall be fully satisfied by the Subrecipient within 30 days after receipt by the Subrecipient. Failure of the Subrecipient to comply with the above audit requirements will constitute a violation of this agreement and may result in the withholding of future payments. The Subrecipient hereby agrees to have an annual agency audit conducted. C. Program Income There should be no Program Income generated from this activity. However, if Program Income is generated any such income shall be turned over to the Grantee for use in the Community Development Block Grant Program. D. Uniform Administrative Requirements The Subrecipient hereby agrees to comply with the uniform administrative requirements contained in 570. 502 (see Exhibit B) . E. Procurement maintain an invento ry record(s) of all The Subrecipi ent shall personal property and materials that may be procured with funds provided herein. All program assets shall revert to the Grantee upon termination of this contract. As used in this agreement "program assets" shall be defined as assets purchased with program funds not actually used in program delivery. The Subrecipient shall procure materials in accordance with the requirements of Attachment 0 of OMB Circular A-110, Procurement Standards, and shall subsequently follow Attachment N, Property Management Standards, covering utilization and disposal of property. Page 8 1 IX. PERSONNEL AND PARTICIPANT CONDITIONS A. Civil Rights 1. The Subrecipient agrees to comply with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 109 of Title I of the Housing and Community Development Act of 1974, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11246 as amended by Executive Orders 11375 and 12086. 2. Nondiscrimination The Subrecipient will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability, or other handicap, age marital status, or status with regard to public assistance. The Subrecipient will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following : hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 3. Section 504 The Subrecipient agrees to comply with any federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973, (29 U. S. C. 706) which prohibits discrimination against the handicapped in any federally assisted program. The Grantee shall provide the Subrecipient with any guidelines necessary for compliance - with that portion of the regulations in force during the term of this contract. Failure of the Grantee to provide such guidelines shall not relieve the Subrecipient of the obligation to comply with the terms of such guidelines. B. Affirmative Action 1. Written Commitment - The Subrecipient agrees that it shall be committed to carry out an Affirmative Action Program in compliance with the City of Elgin Ordinance No. G19-93 Amending Chapter 3. 12 of the Elgin Municipal Code. The Subrecipient agrees to comply with Chapter 3. 12. 100 Affirmative action-City contracts (see Exhibit F) . The Subrecipient shall submit a written commitment as provided for in Chapter 3. 12. 100 to the Grantee prior to the first payout. Page 9 2. Minority Business - The Subrecipient will use its best efforts to afford minority and women-owned business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this agreement, the term "minority and female business enterprise" means a business at least fifty-one (51 ) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans and American Indians. 3. Access to Records - The Subrecipient shall furnish all information and reports required hereunder and will permit access to its books, records and accounts by the Grantee, HUD or its agent, or other authorized federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. 4. Notifications - The Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding , a notice, to be provided by the agency contracting officer, advising the labor union - or worker 's representative of the Subrecipient's commitments - hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5. EEO/AA Statement - The Subrecipient will, in all solicitations or advertisements for employees placed by or or, behalf of the Subrecipient, state that it is an Equal Opportunity or Affirmative Action employer. 6. Subcontract Provisions - The Subrecipient will include the provisions of Paragraphs VII A, Civil Rights, and B, Affirmative Action, in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each subSubrecipient or vendor. C. Employment Restrictions 1. Prohibited Activity - The Subrecipient is prohibited from using funds provided herein or personnel employed in the administration of the program for political activities; sectarian, or religious activities; lobbying, political patronage, and nepotism activities. 2. OSHA - Where employees are engaged in activities not covered under the Occupational Safety and Health Act of 1970, they shall not be required or permitted to work, be trained, or receive services in buildings or surroundings or under working conditions which are unsanitary, hazardous or dangerous to the participants' health or safety. Page 10 3. Right to Know - Participants employed or trained for inherently dangerous occupations shall be assigned to work in accordance with reasonable safety practices. 4. Labor Standards - The Subrecipient agrees to comply with the requirements of the Secretary of labor in accordance with the Davis-Bacon Act as amended, the provisions of Contract Work Hours, the Safety Standards Act, the Copeland "Anti-Kickback" Act and all other applicable federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of his contract. The Subrecipient shall maintain documentation which demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the Grantee for review upon request. The Subrecipient agrees that, except with respect to the rehabilitation or construction of residential property designed for residential use for less than eight (8) households, all contractors engaged under contracts in excess of $2, 000 for construction, renovation or repair of any building or work financed in whole or in part with assistance provided under this contract, shall comply with federal requirements of the regulations of the Department of Labor, under 29 CFR, Parts 3, 1, 5, and 7 governing the payment of wages and ratio of apprentices and trainees to journeymen; provided, that if wage rates higher than those required under the regulations are imposed by or local law, nothing hereunder is intended to relieve the Subrecipient of its obligation, if any, to require payment of the higher wage. The Subrecipient shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph, for such contracts in excess of $10, 000. 5. Section 3 Clause - Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the federal financial assistance provided under this contract and binding upon the Grantee, the Subrecipient and any subSubrecipients, their successors and assigns, to those sanctions specified by the agreement through which federal assistance is provided. The Subrecipient further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this agreement : "The work to be performed under this contract is a project assisted under a program providing direct federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U. S. C. 1701. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the areas of the project. " Page 11 The Subrecipient certifies and agrees that no contractual or other disability exists which would prevent compliance with the requirements. The Subrecipient agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising said labor organization or worker 's representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. The Subrecipient will include this Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subSubrecipient is in violation of regulations issued by the Grantor Agency. The Subrecipient will not subcontract with any subSubrecipient where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR 135 and will not let any subcontract unless the subSubrecipient has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. D. Conduct 1. Assignability - The Subrecipient shall not assign or transfer any interest in this contract without the prior written consent of the Grantee thereto; provided, however, that claims for money due or to become due to the Subrecipient from the Grantee under this contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Grantee. 2. Hatch Act - The Subrecipient agrees that no funds provided, nor personnel employed under this contract, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V United State Code. 3. Conflict of Interest - The Subrecipient agrees to abide by the provisions of 24 CFR 570. 611 with respect to conflicts of interest, and covenants that it presently has no financial interest and shall not acquire any financial interest, direct or indirect, which would conflict in any manner or degree with the performance of services required under this contract. The Subrecipient further covenants that in the performance of this contract no person having such a financial interest shall be employed or retained by the Subrecipient hereunder. These conflict of interest provisions apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of the Grantee, or of any designated public agencies or subrecipients which are receiving funds under the CDBG Entitlement program. Page 12 4. Subcontracts - The Subrecipient shall not enter into any subcontracts with any agency or individual in the performance of this contract without the written consent of the Grantee prior to the execution of such agreement. The Subrecipient will monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence off follow-up actions taken to correct areas of noncompliance. The Subrecipient shall cause all of the provisions of this contract in its entirety to be included in and made a part of any subcontract executed in the performance of this agreement. The Subrecipient shall undertake to insure that all subcontracts let in the performance of this agreement shall be awarded on a fair and open competition basis. Executed copies of all subcontracts shall be forwarded to the Grantee along with documentation concerning the selection process. 5. Religious Organization - The Subrecipient agrees that funds provided under this contract will not be utilized for religious activities, to promote religious interests, or for the benefit of a religious organization in accordance with the federal regulations specified in 24 CFR 570. 200( j ) . X. ENVIRONMENTAL CONDITIONS The Subrecipient agrees to comply with the following regulations insofar as they apply to the performance of this contract : 1. Clean Air Act, 42 U. S. C. , 1857, et seq. 2. Federal Water Pollution Control Act, as amended, 33 U. S. C. 1251, et seq. , as amended 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder. 3. Environmental Protection Agency (EPA) regulations pursuant to 40 C. F. R. , Part 50, as amended. 4. National Environmental Policy Act of 1969 5. HUD Environmental Review Procedures (24 CFR, Part 58) . 6. Flood Disaster Protection - The Subrecipient agrees to comply with the requirements of the Flood Disaster Protection Act of 1973 (P. L. -2234) in regard to the sale, lease or other transfer of land acquired, cleared or improved under the terms of this contract, as it may apply to the provisions of this contract. Page 13 7. Lead Based Paint - The Subrecipient agrees that -any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead Based Pairit Regulations at 24 CFR 570. 608, and 24 CFR Part 35, and in particular Sub_part B thereof. Such regulations pertain to all HUD-assisted housing and require that all owners, prospective owners, and tenants or properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning. 8. Historic Preservation - The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended ( 16 U. S. C. 470) and the procedures set forth in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this contract. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years or older or that are included on a Federal, State, or local historic property list. %� �3 � / z1'1g3. � usan M. Schumpp Date Rob rt 0. Malm Date Executive Director Int rim City Manager Community Contacts, Inc. City of Elgin Subscribed and sworn to before me this AAAO day of , , 1993 g- -1/1-"- /1\-Le--4144' D®Lonna Mecum City Clerk Page 14 EXHIBIT A • • • • • • e STATE: ILLINOIS I NCOME LIMITS PREPARED: 12-23-92 PROGRAM I PERSON 2 PERSON 3 PERSON 4 PERSON 5 PERSON 6 PERSON 7 PERSON 8 PERSON • PMSA : Aurore-Elgin. ;-IL FY 1993 MEDIAN FAMILY VERY LOW-INCOME 18200 20800 23400 26000 28100 30150 32250 34300 INCOME: 52000 LOW-INCOME 27800 31750 35750 39700 42900 46050 49250 52400 MSA : Bloomington-Morsel. IL FY 1993 MEDIAN FAMILY VERY LOW-INCOME 15850 15100 20400 22650 24450 26250 28100 29900 INCOME: 45300 LOW-INCOME 25350 29000 32600. 38250 39150 42050 44950 47850 NSA : Champaign-Urbana-Rantoul. IL FY 1993 MEDIAN FAMILY VERY LOW-INCOME 14200 16250 18250 20300 21900 23550 25150 26800 INCOME: 40600 LOW-INCOME 22750 26000 29250 32500 35100 37700 40250 42850 PMSA : Chicago. IL FY 1993 MEDIAN FAMILY VERY LOW-INCOME 18850 19050 21400 23800 25700 27800 29500 31400 INCOME: 47600 LOW-INCOME 26650 30450 34250 38100 41150 44150 47200 50250 MSA : Davenport-Rock Island-Molina. FY 1993 MEDIAN FAMILY VERY LOW-INCOME 13600 15500 17450 19400 20950 22500 24050 25800 INCOME: 38800 LOW-INCOME 21750 24850 27950 31050 33500 38000 38500 40950 MSA : Decatur. IL FY 1993 MEDIAN FAMILY VERY LOW-INCOME 13900 15900 17850 19850 21450 23050 24600 26200 INCOME: 39700 LOW-INCOME 22250 25400 28600 31750 34300 36850 39400 41900 PMSA : Joliet. IL FY 1993 MEDIAN FAMILY VERY LOW-INCOME 18050 20600 23150 25750 27800 29850 31950 34000 INCOME: 51500 LOW-INCOME 27800 31750 35750 39700 42900 46050 49250 52400 NSA : Kankakee. IL FY 1993 MEDIAN FAMILY VERY LOW-INCOME 13350 15300 17200 19100 20650 22150 23700 25200 INCOME: 38200 LOW-INCOME 21400 24450 27500 30550 33000 35450 37900 40350 PMSA : Lake County. IL FY 1993 MEDIAN FAMILY VERY LOW-INCOME 20950 23900 28900 29900 32300 34700 37100 39450 INCOME: 59800 LOW-INCOME 27800 31750 35750 39700 42900 46050 49250 52400 MSA : Peoria. IL FY 1993 MEDIAN FAMILY VERY LOW-INCOME 14550 16600 18850 20750 22400 24050 25750 27400 INCOME: 41500 LOW-INCOME 23250 26550 29900 33200 35850 38500 41150 43800 MSA : Rockford. IL FY 1993 MEDIAN FAMILY VERY LOW-INCOME 14900 17050 19150 21300 23000 24700 26400 28100 INCOME: 42600 LOW-INCOME 23850 27250 30850 34100 38800 39550 42250 45000 MSA : St. Louis. MO-IL FY 1993 MEDIAN FAMILY VERY LOW-INCOME 15300 17500 19650 21850 23600 25350 27100 26850. INCOME: 43700. LOW-INCOME 24450 27950 31450 34950 37750 40550 43350 46150 rt Ekhib; - A EXHIBIT B EXHIBIT 111 f 570.502 Applicability of uniform administrative requirements. (a) Recipients and subrecipients which are governmental entities ( including public agencies) shall comply with the requirements and standards of OMB Circular No. A-87, "Principles for Determining Costs Applicable to Grants and Contracts with State, Local and Federally recognized Indian Tribal Governments", OMB Circular A-128, "Audits of State and Local Governments" ( implemented at 24 CFR Part 44) and with the following sections of 24 CFR Part 85 "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments": ,. (1) Section 85.3, "Definitions"; (2) Section 85 .6, "Exceptions"; (3) Section 85 .12, "Special grant or subgrant conditions for ` high-risk' grantees"; (4) Section 85.20, "Standards for financial management systems, " except paragraph (a) ; J-3 12/88 (5) Section 85.21, "Payment, " except as modified by 570.513; (6) Section 85 .22, "Allowable costs" ; (7) Section 85 .26, "Non-federal audits"; (8) Section 85 .32, "Equipment, " except in all cases in which the equipment is sold, the proceeds shall be program income; (9 ) Section 85 .33, "Supplies"; (10) Section 85 .34, "Copyrights"; (11) Section 85.35, "Subawards to debarred and suspended parties"; (12) Section 85 .36, "Procurement, " except paragraph (a) ; (13) Section 85.37, "Subgrants" ; (14) Section 85.40, "Monitoring and reporting program performance, " except paragraphs (b) through (d) and paragraph (f) ; (15) Section 85 .41, "Financial reporting, " except paragraphs -:1) (a) , (b) , and (e) ; (16) Section 85 .42, "Retention and access requirements for records" ; (17) Section 85.43, "Enforcement"; (18) Section 85.44, "Termination for convenience"; (19) Section 85.51, "Later disallowances and adjustments" and (20) Section 85.52, "Collection of amounts due." (b) Subrecipients, except subrecipients which are governmental entities, shall comply with the requirements and standards of OMB Circular No. A-122, "Cost Principles for Non Profit Organizations" or OMB Circular No. A-21, "Cost Principles for Educational Institutions, " as applicable, and with the following Attachments to OMB Circular No. A-110: (1) Attachment A, "Cash Depositories", except for paragraph 4 concerning deposit insurance; (2) Attachment B, "Bonding and Insurance"; 11 J-4 12/88 irements (3) Attachment C, "Retention and Custodial a Provisions for r Records" , except that in li paragraph 4, the retention period for records pertaining to individual CDBG activities starts from ma the evaluation report, as prescribed in submission of the annual performance in which the specific § activity is reported on for the final time; (4) Attachment F, "Standards for Financial Management Systems" ; (5 ) Attachment H, "Monitoring and Reporting Program Performance, " paragraph 9 Ph 2; (6) Attachment N, "Property Management Standards" , except for paragraph 3 C ern lng the raphs 6 and 7aare modified sorthatty, - and except that p 5 (i) In all cases in which personal property is sold, the proceeds shall be program income, and (ii) Personal property not needed by the subrecipient for --_ CDBG activities shall rm be transferred shall be to retained iafter for the CDBG program compensating the recipient; and (7 ) Attachment 0, "Procurement Standards." • • EXHIBIT C • •, • • 7. Subpart X of Part 570 is revised to read as follows: Subpart I -- Otber Program Requirements. Sec. 570.600 General. 570.601 Public Law 88-352 and Public Law 90-284 ; affirmatively furthering fair housing ; and Executive Order 11063. 570.602 Section 109 of the Act. 570.603 Labor standards. 570.604 Environmental standards. 570.605 National Flood Insurance Program. 570. 606 Relocation, displacement and acquisition. 570.607 Employment and contracting opportunities. 570.608 Lead-based paint. 570.609 Use of debarred, suspended, or ineligible contractors or subrecipients. 570.610 Uniform administrative requirements and cost principles. 570.611 Conflict of interest. 570.612 Executive Order 12372. Subpart I -- Other Program Requirements. $ 570.600 General. (a) Section 104 (b) of the Act provides that any grant under • section 106 of the Act shall be made only if the grantee certifies to the satisfaction of the Secretary, among other things , that the grant 'will be conducted and administered in conformity with Public Law 88-352 and Public Law 90-284 ,' and , further, that the grantee 'will comply with the other provisions of this title • and with other applicable laws." Section 104 (e) (1) of the Act requires that the Secretary determine with respect to grants made pursuant to section 106 (b) (Entitlement Grants) and 106 (d) (2) (B) (HUD-administered Small Cities Grants) , at least on an annual basis, among other things, 'whether the grantee has carried out [its] certifications in compliance with the requirements and the primary objectives of this title and with other applicable laws. . . .' Certain other statutes are expressly made applicable to activities assisted under the Act by the Act itself , while other laws not referred to in the Act may be applicable to such activities by their own terms. Certain statutes or Executive Orders which may be applicable to activities assisted under the Act by their own terms are administered or enforced by governmental departments or agencies other than the Secretary or the Department. This Subpart E enumerates laws which the Secretary will treat as applicable to grants made under section 106 of the Act, other than grants to States made pursuant to section 106 (d) of the R-1 EXHIBIT C. 9/88 esas�-• Act, for purposes of the determinations described above to be made by the Secretary under section 104 (e) (1) of the Act, including statutes expressly made applicable by the Act and certain other statutes and Executive Orders for which the Secretary has enforcement responsibility. The absence of mention herein of any other statute for which the Secretary does not have direct enforcement responsibility is not intended to be taken as an indication that, in the Secretary 's opinion , such statute or Executive Order is not applicable to activities assisted under the Act. For laws which the Secretary will treat as applicable to grants made to States under section 106 (d) of the Act for purposes of the determination required to be made by the Secretary pursuant to section 104 (e) (2) of the Act, see S 570.496. (b) This subpart also sets forth certain additional program requirements which the Secretary has determined to be applicable to grants provided under the Act as a matter of administrative discretion. (c) In addition to grants made pursuant to section 106 (b) and 106 (d) (2) (B) of the Act (Subparts D and F, respectively) , the requirements of this Subpart R are applicable to grants made pursuant to sections 107 and 119 of the Act (Subparts E and G, respectively) , and to loans guaranteed pursuant to Subpart M. 1410 S 570.601 Public Law 88-352 and Public Law 90-284; affirmatively furthering fair housing ; Executive Order 11063. Section 104 (b) of the Act provides that any grant under section 106 of the Act shall be made only if the grantee certifies to the satisfaction of the Secretary that the grant "will be conducted and administered in conformity with Public Law 88-352 and Public Law 90-284 and the grantee will affirmatively further fair housing ." Similarly, section 107 provides that no grant may be made under that section (Secretary's Discretionary Fund) or section 119 (UDAG) without satisfactory assurances that the grantee 's program will be conducted and administered in conformity with Public Law 88-352 and Public Law 90-284 . (a) "Public Law 88-352" refers to title VI of the Civil Rightss Act ct of 1964 (42 U.S.C. 2000d et III.) , which pro person in the United States shall on the ground of race, color , or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Section 602 of the Civil Rights Act of 1964 directs each Federal department and agency empowered to extend Federal financial assistance to any program or activity by waY of grant to effectuate the foregoing prohibition by issuing rules, regulations, or orders of general applicability which i -2 9/88 shall be consistent with achievement of tregustatute authorizing the financial assistance. HUD s implementing the requirements of Title VI with respect to HUD programs are contained in 24 CFR Part 1. (b) 'Public Law 90-284" refers to title VIIIo of the Civil Rights ts Act of 1968 (42 U.S.C. 3601 et se 0 , P P y know of the as Fair Housing Act, which provides that it is the policy United States to provide, within constitutional limitations, tions , for fair housing throughout the United States and p any person from discriminating in the sale or Quinton of housing , the financing of housing , or the p brokerage services, including otherwise making unavailable or denying a dwelling to any person, because of race , color , religion, sex, or national origin. Title ViiI further requires the Secretary to administer the programs and activities relating to housing and urban development in a manner affirmatively to further the policies of Title VIII. . Pursuant to this statutory direction, tthe Secietarysrequires es that grantees administer all progrpns to housing and community development in a manner to affirmatively further the policies of Title VIII ; furthermore, section 104 (b) (2) of the Act requires that each grantee receiving funds under section 106 of the Act (entitlement or small cities grantees) certif to the affirmativ ly furthertfafrction housing. the Secretary that it will em) (c) Executive Order 11063, as amended by Executive Order 12259 , directs the Department to take all action necessary and appropriate to prevent discrimination because of race, color , religion (creed) , sex , or national origin, in the sale , leasing , rental, or other disposition of residential property and related facilities (including land to be developed for residential use) , or in the use or occupancy thereof , if such property and related facilities are, among other things, provided in whole or in part with the aid of loans, advances, grants, or contributions agreed implementingmade Exeby cutivthe e eOrder Government. HUD regulations 11063 are contained in 24 CFR Part 107. S 570.602 Section 109 of the Act. (a) Section 109 of the Act requires that no person in the United States shall on the ground 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 community development nt funds made available pursuant to the Act. For purposes this section 'program or activity' is defined as any function conducted by an identifiablen of government, ive unit of subrecipic t, for he recipient, or by any unit 1C-3 9/88 private contractor receiving community development funds or loans from the recipient. "Funded in whole or in part with community development funds' means that community development funds in any amount in the form of grants or proceeds from BUD guaranteed loans have been transferred by the recipient or a subrecipient to an identifiable administrative unit and disbursed in a program or activity. In subsection (b) of this section, 'recipient" means recipient as defined in 24 CFR 1.2 (f) . (b) " Specific discriminatory actions prohibited and corrective actions. (1) A recipient may not, under any program or activity to which the regulations of this part may apply, directly or through contractual or other arrangements, on the ground of race, color , national origin, or sex: (i) Deny any individual any facilities, services, financial aid or other benefits provided under the program or activity. (ii) Provide any facilities, services, financial aid or other benefits which are different, or are provided in a different form, from that provided to others under the program or activity. (iii) Subject an individual to segregated or separate treatment in any facility in, or in any matter of process related to receipt of any service or benefit under the program or activity. (iv) Restrict an individual in any way in access to, or in the enjoyment of, any advantage or privilege enjoyed by others in connection with facilities, services, financial aid or other benefits under the program or activity. (v) Treat an individual differently from others in determining whether the individual satisfies any admission, enrollment, eligibility, membership, or other requirement or condition which the individual must meet in order to be provided any facilities, services or other benefit provided under the program or activity. (vi) Deny an individual an opportunity to participate in a program or activity as an employee. (2) A recipient may not use criteria or methods of administration which have the effect of subjecting persons to discrimination on the basis of race, color, national R-4 9/86 origin, or sex , or have the effect of defeating or substantially impairing accomplishment of the objectives • of the program or activity with respect to persons of a particular race, color , national origin, or sex. (3) A recipient, in determining the site or location of housing or facilities provided in whole or in part with funds under this part, may not make selections of such site or location which have the effect of excluding persons from, denying them the benefits of, or subjecting them to discrimination on the ground of race , color , national origin, or sex; or which have the purpose or effect of defeating or substantially impairing the accomplishment of the objectives of the Act and of this section. (4) • (i) In administering a program or activity funded in whole or in part with CDBG funds regarding which the recipient has previously discriminated against persons on the ground of race , color , national origin or sex, or if there is sufficient evidence to conclude that such discrimination existed, the recipient must take remedial affirmative action to overcome the effects of prior discrimination. The word 'previously' does not A exclude current discriminatory practices. (ii) In the absence of discrimination, a recipient, in administering a program or activity funded in whole or in part with funds made available under this part, may take any nondiscriminatory affirmative action necessary to ensure that the program or activity is open to all without regard to race , color , national origin or sex. (iii) After a finding of noncompliance or after a recipient has a firm basis to conclude that discrimination has occurred , a recipient shall not be prohibited by this section from taking any action eligible under Subpart C to ameliorate an imbalance in services or facilities provided to any geographic area or specific group of persons within its jurisdiction , where the purpose of such action is to remedy prior discriminatory practice or usage. (5) Notwithstanding anything to the contrary in this section, nothing contained herein shall be construed to prohibit any recipient from maintaining or constructing separate living facilities or rest room facilities for the different sexes. Furthermore , selectivity on the basis of sex is not prohibited when institutional or custodial R-5 9/68 services can properly be performed only by a member of the same sex as the recipients of the services. (c) Section 109 of the Act further provides that any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101 et se . ) or with respect to an otherwise qualified handicapped person as provided in section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) shall also apply to any program or activity funded in whole or in part with funds made available pursuant to the -_Act. HUD regulations implementing the Age Discrimination Act are contained in 24 CFR Part 146 and the regulations implementing section 504 are contained in 24 CFR Part 8. • 5 570.603 Labor standards. Section 110 of the Act requires that all laborers and mechanics employed by contractors or subcontractors on construction work financed in whole or in part with assistance received under the Act shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a - 276a-5) . By reason of the foregoing requirement, the Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq. ) also applies. However , these requirements apply to the rehabilitation of residential property only if such property contains not less than 8 units. With respect to the labor standards specified in this section, the Secretary of Labor has the authority and functions set forth in Reorganization Plan Number 14 of 1950 (5 U. S.C. 1332-15) and section 2 of the Act of June 13 , 1934 , as amended (40 U.S.C. 276c) . 3 570.604 Environmental standards. Section 104 (g) expresses the intent that 'the policies of the National Environmental Policy Act of 1969 and other provisions of law which further the purposes of such Act (as specified in regulations issued by the Secretary) . . . tbe) most- , effectively implemented in connection with the expenditure of funds under" the Act. Such other provisions of law which further the purposes of the National Environmental Policy Act of 1969 are specified in regulations issued pursuant to section 104 (g) of the Act and contained in 24 CFR Part 58. Section 104 (g) also provides that, in lieu of the environmental protection procedures otherwise applicable, the Secretary may under regulations provide for the release of funds for particular projects to grantees who assume all of the responsibilities for environmental review, decisionmaking, and action pursuant to the National Environmental Policy Act of 1969, and the other provisions of law specified by the Secretary as described above, that would apply to the Secretary were he/she to E-6 9/88 1 1 * a I undertake such projects as Federal projects. Grantees assume such i environmental review, decisionmaking, and action responsibilities i by execution of grant agreements with the Secretary. The procedures for carrying out such environmental responsibilities are contained in 24 CFR Part 58. S 570.605 National Flood Insurance Program. Section 202 (a) of the Flood nisaster Protection Act of 1973 (42 >U.S.C. 4106) provides that no Federal officer or agency shall approve any financial assistance for acquisition or construction purposes (as defined under section 3 (a) of said Act (42 U.S.C. - 400 (a) ) , one year after a community has been formally notified of its identification as a community containing an area of special flood hazard , for use in any area that has been identified by the - Director of the Federal Emergency Management Agency as an area having special flood hazards unless the community in which such area is situated is then participating in the National Flood Insurance Program. Notwithstanding the date of HUD approval of the recipient 's application (or , in the case of grants made under Subpart D, the date of submission of the grantee 's final statement pursuant to S 570. 302) , funds provided under this part shall not be - expended for acquisition or construction purposes in an area that - has been identified by the Federal Emergency Management Agency tA (FEMA) as having special flood hazards unless the community in J which the area is situated is participating in the National Flood Insurance Program in accordance with 44 CFR Parts 59-79, or less than a year has passed since FEMA notification to the community regarding such hazards; and flood insurance is obtained in accordance with section 102 (a) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001) . • S 570.606 Relocation, displacement and acquisition. (a) Uniform Relocation Act . (1) The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) (42 U.S.0 4601) and HUD implementing regulations at 24 CFR Part 42 apply to the acquisition of real property by a State agency for an activity assisted under this part and to the displacement of any family, individual, business, nonprofit organization or farm that results from such acquisition. The grantee ' s certification of compliance with the URA is required in the grant agreement. ' (2) Ari acquisition and resulting displacement by a State agency is "for an assisted activity" if it occurs on or III after the date of the initial submission of a final statement under 24 CFR 570. 302 (a) (2) (Entitlement Grants) ; K-7 9/88 the initial submission of an application to HUD by a unit of general local government under SS 570. 426 , 570.430, or 570.435 (d) that is granted for the requested activity (HUD administered Small Cities Program) ; or the submission of an application to HUD by a city or urban county under S 570.458 that is granted for the requested activity (UDAG) . However , an acquisition or displacement that occurs on or after the described date is not subject to • the URA if the grantee determines that the acquisition or displacement was not carried out for an assisted activity, and the HUD Field Office concurs in that determination. An acquisition or displacement that occurs before the described date is subject to the URA, if the grantee or the HUD Field Office determines that the acquisition or displacement was carried out for the assisted activity. The grantee may, at any time , request a HUD determination whether an acquisition or displacement will be considered to be for an assisted activity and thus subject to these oeer,os• eligible r relocation ass istance , however, a a person must also meet the eligibility criteria in 24 CFR Part 42. (b) Residential antidisplacement and relocation assistance plan. Under section 104 (d) of the Act, each grantee must adopt, make public and certify that it is following a residential antidisplacement and relocation assistance plan providing one- for-one replacement units (paragraph (b) (1) of this section) , and relocation assistance (paragraph (b) (2) of this section) . The plan must also indicate the steps that will be taken consistent with other goals and objectives of this part to minimize the displacement of persons from ir homes as a result of any activities assisted under this part. (1) One-for-one replacement units. (i) All occupied and vacant occupiable low/moderate-income dwelling units that are demolished or converted to a use other than as low/moderate-income dwelling units as a direct result of an activity assisted under this part must be replaced by governmental agencies or private developers with low/moderate-income dwelling units. Replacement low/moderate-income dwelling units may include public housing , or existing housing receiving Section 8 project-based assistance under the United States Housing Act of 1937. The replacement low/moderate-income dwelling units must be provided within three years of the commencement of the demolition or rehabilitation related to the conversion, and must meet the following requirements: (A) The units must be located within the grantee's jurisdiction. K-8 9/88 / 11 • (B) The units must be sufficient in number and size to house at least the number of occupants that could have been housed in the units that are demolished or converted. The number of occupants that may be housed in units shall be determined in accordance with local housing occupancy codes. (C) The units must be provided in standard condition. Replacement low/moderate-income dwelling units may include units that have been raised to standard from substandard condition. (r)) The units must be designed to remain low/moderate- • income dwelling units for at least 10 years from the date of initial occupancy. (ii) Before obligating or expending funds provided under this part for any activity that will directly result in the demolition of low/moderate-income dwelling units or the conversion of low/moderate-income dwelling units to another use, the grantee must make public, and submit the following information in writing to HUD: (A) A description of the proposed assisted activity; (B) The general location on a map and approximate number of dwelling units by size (number of bedrooms) that will be demolished or converted to a use other than for low/moderate-income dwelling units as a direct result of the assisted activity; (C) A time schedule for the commencement and completion of the demolition or conversion; (D) The general location on a map and approximate number of dwelling units by size (number of bedrooms) that will be provided as replacement dwelling units; (E) The source of funding and a time schedule for the provision of replacement dwelling units; (F) The basis for concluding that each replacement dwelling unit will remain a low/moderate-income dwelling unit for at least 10 years from the date of initial occupancy. (iii) (A) The requirements of paragraph (b) (1) of this section do not apply if the HUD Field Office determines , based upon objective data , that there is an adequate supply of vacant low/moderate-income dwelling R-9 9/88 in standard condition available on a nondiscriminatory basis within the grantee 's jurisdiction. In making this determination, the HUD Field Office will consider the housing vacancy rate for the jurisdiction, the number of vacant low/moderate-income dwelling units in the jurisdiction (excluding units that will be demolished or converted) and the number of eligible families on • waiting lists for housing assisted under the- United States Housing Act of 1937 in the jurisdiction. (B) The HUD Field Office may consider the supply of vacant low/moderate-income dwelling units in standard condition available on a nondiscriminatory basis in an area that is . larger than the grantee 's jurisdiction. Such additional dwelling units shall be considered if the HUD Field Office determines that the units would be suitable to serve the needs of the low- and moderate income households that could be served by the low/moderate-income dwelling units that are to be demolished or converted to another use. The HUD Field Office must base this determination on geographic and demographic factors, such as location and access to places of employment and to other facilities. (C) The grantee must submit a request for a determination ' I under paragraph (b) (1) (iii) of this section, directly to the HUD Field Office. (2) Relocation assistance. (i) Each low- or moderate-income household that is displaced by demolition or by the conversion of a low/moderate income dwelling unit to another use as a direct result of an activity assisted under this part shall be provided with relocation assistance. The low- or moderate-income household may elect to receive relocation assistance described at 24 CFR Part 42 (HUD's regulations implementing the URA) , or may elect to receive the following relocation assistance : (A) The relocation assistance described at 24 CFR Part 42, Subpart C (General Relocation Requirements) and Subpart D (Payment for Moving and Related Expenses) . Relocation notices must be issued consistent with, and in the manner prescribed under , 24 CFR 42.203. The definition of "comparable • replacement dwelling" used in 24 CFR Part 42 is modified as described in paragraph (b) (3) (i) of this section. Displaced households provided with replacement housing assistance under paragraph , 1 R-10 9/88 (b) (2) (i) (C) of this section, in the form of a- 4 certificate or housing voucher under Section 8 of the United States Housing Act of 1937, must be provided referrals to comparable replacement dwelling units whose owners are willing to participate in the housing voucher or certificate program. The grantee she._ advise tenants of their rights under the Federal Fair Housing Law (Title VIII) and of replacement housing opportunities in such a manner that, whenever feasible , they will have a choice between relocating within their neighborhoods and other neighborhoods consistent with the grantee 's responsibility to affirmatively further fair housing ; (B) The reasonable and necessary cost of any security deposit required to rent the replacement dwelling unit, and credit checks required to rent or purchase the replacement dwelling unit ; and (C) Replacement housing assistance. Households are eligible to receive one of the following forms of replacement housing assistance : (1) Each household must be offered compensation designed to ensure that, for a five-year period , the displaced household will not bear , after — dmPR relocation, a ratio of shelter costs to income that exceeds 30 percent. Such compensation shall be either : (i) A certificate or housing voucher for rental assistance provided through the local Public Housing Agency under Section 8 of the United State Housing Act of 1937 ; or (ii) Cash rental assistance equal to 60 times the amount that is obtained by subtracting 30 percent of the displaced household 's monthly gross income (with such adjustments as the grantee may deem appropriate) from the lesser of : the monthly cost of rent and utilities at a comparable replacement dwelling unit or the . monthly cost of rent and utilities at the decent , safe and sanitary replacement dwelling to which the household relocates. The grantee may provide the cash payment in either a lump sum or in installments. The grantee may at its discretion offer the household a choice between the certificate/housing voucher or cash rental assistance. 0 R-11 9/88 (2) If the household purchases an interest in a Housing cooperative or mutual housing association and occupies a decent, safe and sanitary unit in the cooperative or association , the household may elect to receive a lump sum payment. This lump sum payment shall be equal to the capitalized value of 60 monthly installments of the amount that is obtained by subtracting 30 percent of the displaced household 's monthly gross income (with such adjustments as the grantee may deem appropriate) -'-. from the monthly cost of rent and utilities at a comparable replacement dwelling unit. To compute the capitalized value, the installments shall be discounted at the rate of interest paid on passbook savings deposits by a federally- insured bank or savings and loan institution conducting business within the grantee 's jurisdiction. To the extent necessary to minimize hardship to the household , the grantee shall, subject to appropriate safeguards, issue a payment in advance of the purchase of the interest in the housing cooperative or mutual housing association. (ii) Eligibility for relocation assistance. (A) A low- or moderate-income household that is required 0 to move as a direct result of demolition or conversion of a low/moderate income dwelling unit to another use, is eligible for relocation assistance under paragraph (b) (2) of this section if: (1) The household is required to move from the dwelling unit on or after the date that the owner submits a request to the grantee for financial assistance that is later approved for the requested activity. (This applies to dwelling units owned by a person other than a Federal or State agency, as defined under the URA) . • (2) The household is required to move from the dwelling unit on or after the date of the initial submission of a final statement under 24 CFR 570. 302 (a) (2) (Entitlement Grants) ; the initial submission of an application to HUD by a unit of general local government under SS 570.426, 570.430, or 570.435 (d) that is granted for the requested activity (HUD administered Small Cities Program) ; or the submission of an application to HUD by a city or / urban county under S 570.458 that is granted for R-12 9/88 e the requested activity (UDAG) . (This applies to ' dwelling units owned by a Federal or State agency as defined under the URA.) (B) If the displacement occurs on or after the appropriate date described in paragraph (b) (2) (ii) (A) of this section, the low- or moderate-income household is not eligible for relocation assistance if: (1) The household is evicted for cause ; (2) The household moved into the property on or after the date described in paragraph (b) (2) (ii) (A) of this section, after receiving written notice of the expected displacement; or (3) The grantee determines that the displacement was not a direct result of the assisted activity, and the BUD office concurs in that determination. (C) If the displacement occurs before the appropriate date described in paragraph (b) (2) (ii) (A) of this section, the low- or moderate-income household is eligible for relocation assistance if the grantee or BUD determines that the displacement was a direct result of an activity assisted under this part. (3) Definitions. For the purposes of paragraph (b) of this section: (i) 'Comparable replacement dwelling unit' means a dwelling unit that: (A) Meets the criteria of 24 CFR 42.2 (c) (1) through (4) ; and (B) Is available at a monthly cost for rent plus estimated average monthly utility costs that does not exceed 30 percent of the household 's average gross monthly income (with such adjustments to income as the grantee may deem appropriate) after taking into account any rental assistance the household would receive. Where a certificate or housing voucher is provided to a household under paragraph (b) (2) (i) (C) (1) (i) of this section, the dwelling unit must be available to the household at a monthly cost for rent and estimated average monthly utility cost that does not exceed the Fair Market Rent or the payment standard, respectively. R-13 9/88 (ii) 'Decent, safe and sanitary dwelling' means a decent, safe and sanitary dwelling as defined in 24 CFR 42.2 (e) . (iii) 'Low/moderate income dwelling unit' means a dwelling unit with a market rental (including utility costs) that does not exceed the applicable Fair Market Rent (FMR) for existing housing and moderate rehabilitation • established under 24 CFR Part 888. (iv) 'Occupiable dwelling unit' means a dwelling unit that is in a standard condition, or is in a substandard condition, but is suitable for rehabilitation. (v) 'Standard condition" and 'substandard condition suitable for rehabilitation." If the grantee has a HUD-approved Housing Assistance Plan, the definitions of 'standard condition" and 'substandard condition suitable for rehabilitation' established in the plan will apply. If the grantee does not have a HUD- approved Housing Assistance Plan, the grantee must establish and make public its definition of these terms consistent with the requirements of S 570.306 (e) (1) . (4) Effective date. For all grants except those made under Subpart D of this part (Entitlement Grants) , the provisions of this paragraph (b) are applicable to grants made on or after October 1, 1988. For grants made under Subpart D, these provisions will govern all activities for which funds are first obligated by the grantee on or after the date the first grant is made after September 30, 1988 , without regard to the source year of the funds used for the activity. (c) Section 104 (k) relocation requirements. Section 104 (k) of the Act requires that reasonable relocation assistance be provided to persons (families, individuals, businesses, nonprofit organizations, or farms) displaced (i .e. , moved permanently and involuntarily) as a result of the use of assistance received under this part to acquire or substantially rehabilitate property. If such displacement is subject to paragraph (a) or (b) of this section, above , this paragraph does not apply. The grantee must develop, adopt and provide to persons to be displaced a written notice of the relocation assistance for which they are eligible. The minimum requirements for such assistance under the UDAG Program are described at S 570.457 (b) . Under CDBG programs , persons entitled to assistance under this paragraph must be provided relocation assistance, including at a minimum: (1) Reasonable moving expenses; 1C 1 4 9/88 (2) Advisory services needed to help in relocating. The grantee shall advise tenants of their rights under the Federal Fair Housing Law (Title VIII) and of replacement housing opportunities in such a manner that, whenever feasible, they will have a choice between relocating within their neighborhoods and other neighborhoods consistent with the grantee 's responsibility to affirmatively further fair housing ; and (3) Financial assistance sufficient to enable any person displaced from his or her dwelling to lease and occupy a suitable, decent, safe and sanitary replacement dwelling where the cost of rent and utilities does not exceed 30 percent of the household 's gross income. (d) Optional relocation assistance. Under section 105 (a) (11) of the Act, the grantee may provide relocation payments and other relocation assistance for individuals, families, businesses, nonprofit organizations and farms displaced by an activity Thenot subject to paragraphs (a) , (b) or (c) of this section. grantee may also provide relocation assistance to persons covered under paragraphs (a) , (b) or (c) of this section beyond that required. Unless such assistance is provided pursuant to State or local law, the grantee must provide the assistance only upon the basis of a written determination that the assistance is appropriate and must adopt a written policy available to the public that describes the relocation assistance that the grantee has elected to provide and that provides for equal relocation assistance within each class of displacees. (e) Appeals. If a person disagrees with the grantee 's determination concerning the person's eligibility for , or the amount of a relocation payment under this section, the person may file a written appeal of that determination with the grantee. The appeal procedures to be followed are described in 24 CFR 42. 10. A low- or moderate-income household that has been displaced from a dwelling may file a written request for review of the grantee decision, to the HUD Field Office. (f) Responsibility of grantee. (1) The grantee is responsible for ensuring compliance with the requirements of this section, notwithstanding any third party 's contractual obligation to the grantee to comply with the provisions of this part. (2) phe cost of from local assistance funds , funds provided tunderr this s ion may be part, or funds available from other sources. R-15 9/88 r EXHIBIT D •"`"'°' Handbook 1300.19 •s U.S.Department of Housing and Urban Development oct, Office of Community Planning and Development Program Participants and Departmental Staff June, 1983 Grants and Agreements with Institutions of Higher Education , Hospitals and Other Nonprofit Organizations ( A Reprint of Office of Management and Budget Circular A-110 ) (Revised )xF4lFT 1 li CFFO Dwnbunon W 3 1,R 1, R 51, ISpec,alI I • Ivnn_ 19 (1 FOREWORD Circular A-110 applies to Federal agencies that administer grants to institutions of higher education, hospitals and other quasi- public and non-profit organizations. Its provisions also apply to subrecipients performing substantive work under grants or contracts that are passed through or awarded by the primary recipient. ( If the subrecipient is a State, local government, or Indian Tribal government, the subrecipient is required to follow the provisions of Circular A-102) . The agencies, for years proceding this Circular, had imposed varying and conflicting requirements on the above grantees. The purpose of A-110 is to streamline and make those requirements uniform. Headquarters personnel may direct their questions on the material in the Handbook to the Office of Procurement and Contracts. Field personnel may direct their questions to the respective Regional Contracting Officer. • (I: 6/83 0 . 1 130 9 4/ 1-1. MAJOR SUBSTANTIVE AREAS COVERED BY THE CIRC ULAR. Each of' the following subparagraphs corresponds to an Attach- ment to the Circular. a. Cash depositories. Institutions may use their regular banking procedures without a requirement for a separate bank account. The only exception would be where the letter of credit method is used and checks are presented at the bank for drawdowns (checks paid method) . Use of minority banks is encouraged. b. Bonding and insurance . The recipient' s normal requirements for bonding and bid guarantees for construction are sufficient on similar contracts. On contracts or subcontracts exceeding $100 ,000 , recipients must secure a 5 percent bid guarantee, a 100 percent performance bond and 100 percent payment bond. c. Retention and custodial requirements for records. Grantees may follow their own practices as long as they provide for retention for 3 years, and access for audit and public examination. If any litigation , IC claim or audit is started, the records shall be re- tained beyond 3 years. The retention period starts when the annual or final expenditure report has been submitted or, for nonexpendable property, from the date of final disposition. d. Program income.. States are not held accountable for interest earned on grant funds. All other recipients must return such interest to the Federal Government. Other income attributable to the grant should be used either 1) to increase the scope of the project, or 2) be de-ducted from the total project cost for the purpose of determining the amount in which the Federal Government will share , or 3) used to finance the non-Federal share of the project. e. Cost sharing and matching. Standards are establish- ed for determining the matching contribution. It applies to grantees and subgrantees alike. It may consist of charges which are project costs as set forth in the applicable cost principles, including -1- 6/83 1300. 19 dash and "in-kind" contributions. In-kind contributions must be necessary and reasonable, clearly identifiable from the grantee' s records, properly valued and not claimed in any other Federal program. Specific guide- lines are set forth for calculating the value of in-kind services provided by volunteers and contributions of materials, equipment , buildings , land and space. f. Standards for financial management systems. Standards are prescribed for financial management systems used for grant supported activities. Federal agencies will not impose requirements other than for current, accurate, and complete disclosure of financial results; adequate identification of source and application of funds ; effective control and accountability for funds and property; comparison of actual and budgeted amounts; minimizing time elapsing between receipt and expenditure of funds, and financial and dompliance audits, not less than 2 years. g. Financial reporting requirements. This attachment to the Circular defines a series of financial terms such as unliquidated balances, outlays, etc. It describes four forms that replace a great number formerly used by the agencies. 1 . Financial status report - To report status of funds for all nonconstruction programs. (SF 269 ) 2. Federal cash transactions - To monitor cash flow when funds are advanced to grantees by letters of credit or Treasury checks. (SF 272) 3 . Request for advance or reimbursement - For all non- construction programs when advance letter of credit or predetermined advance payments are not used . ( SF 270) 4. Outlay report and request for reimbursement - For reimbursement on all construction programs. (SF 271 ) h. Monitoring and reporting program performance. Reci- pients are held responsible for monitoring programs to assure that time schedules are met and that perform- ance goals are being achieved. Periodic reports of progress, documented with quantitative data when 6/83 -2- 1300. 19 possible, will be required. If goals are not being met, or costs are exceeding budget, these conditions must be noted and explained. Between reporting dates, grantees must report any unusual conditions or event that will affect budget estimates or achievement of goals within the time period. i. Payment requirements. Procedures are described for minimizing the time cash is held by the grantee. A letter of credit will be used for all grants, except construction grants for which it is optional, when there is a continuing relationship of at least 12 months, when the payment for a year will exceed $120,000, and the recipient ' s financial management system meets Federal standards. Funds will be advanced to the grantee when the annual amount is less than $120 ,000. The reimburse- ment method will be used when the financial manage- ment system of the grantees is not adequate. j . Revision of financial plans. Procedures are pre- scribed for Federal agencies to follow when grantees need to deviate from their original financial plans. For nonconstruction grants , prior Federal approval for budget revision must be obtained only when: 1 . There is a change in the scope or objective, or a need for additional Federal funding. 2. At the option of the Federal agency, the cumula- tive amount of transfers among program, functions, or activities exceeds 5 percent of the total budget for awards in which the Federal share exceeds $100,000. When Federal funds are expected to exceed needs by more than 5 percent of $5,000, the Federal agency must be notified. -3- 6/83 1300. 19 k . Closeout procedure . This attachment defines the few terms relevant to the closeout of a grant agreement. The attachment also requires all relevant Federal agencies to establish closeout procedures. it requires the sponsoring agency to make prompt payments of remaining allowable costs under the grant and to get all closeout reports from the grantee within 90 days. The agency may have to make adjustments up or down reflective of the final reports. The grantee must refund immediately any balance of unencumbered funds. 1. Suspension and termination . Grants may be termi- nated for cause or by mutual agreement. This attachment defines the few terms relevant to the suspension or termination of a grant. Further, it requires agencies to define procedures for a non-standard grant closeout. This would systematic settlement, whether terminated for cause or convenience. m. Standard application form. This attachment publishes the standard form to be used in apply- ing for assistance. It is the SF 424, the same- as that used in Circular A-102. However, agenc- ies may require use of the SF-424 only when apply- ing for grants under programs covered by Part I of the Office of Management or to report to States on actions taken on applications reviewed by them. n. Property management. This attachment sets standards governing the use and disposition of federally financed property. The grantees ' property manage- ment procedures must provide for accurate records , bi-annual inventories, adequate maintenance and control and proper procedures for disposition of the property. 6/83 -4- 1300 . 19 Real property must be used only for authorized purposes and returned to the Federal Government when no longer needed. The grantee may take title to the property by paying the Federal agency for the fair share of its remaining value. o. Procurement standards. In general , recipients may use their own procedures in the procurement of goods and services , including contributions using Federal funds. Recipients must maintain a code of standards of cond- uct and must provide for open and free competition. 1-2. PARTIAL EXCLUSIONS. Certain following areas may not apply to all CPD programs; subparagraphs 1-1 d, e, g, h, i , j , k , 1 and m. Some subparagraphs may only apply to HUD as the grantor agency. 1-3 . MINIMAL REQUIREMENTS. Minimal requirements are established for the solicitation of goods and services including the use of small and minority owned businesses and the type of procuring instrument used. Some minimal requirements are established for procurement records and files, including cross cutting provisions in contracts, e.g . , adherence to the Davis-Bacon Act , Clean Air Act of 1970 , Federal Water Pollution Control Act , Executive Order 11246 "Equal Employment Opportunity, " etc. 1-4 . USE WITH HUD PROGRAMS . The A-110 Circular is incorporated into this Handbook as Attachment A. Use of the Circular is specifically requested by the Community Planning and Deve- lopment Monitoring Handbook 6509 .2 REV-3, issued as part of accountability monitoring. Accountability monitoring is part of HUD' s efforts to combat fraud, waste and mismanage- ment concerning administration of its community development and housing programs . The OMB Circular A-110 should be used in a positive manner to improve management of Federal program dollars. -5- 6/83 1300.19 1-5. EXCEPTIONS. a. The A-110 Circular doss not apply to grants, con- tracts or other agreements between the Federal Government and units of State or local govern- ments covered by OMB Circular No. A-102. b. The Office of Management and Budget may grant exceptions. However, in the interest of maximum uniformity, exceptions will be permitted only in unusual circumstances. Attachment A: OMB Circular A-110 Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-profit Organizations. 6/83 -6 ‘iii FRIDAY, JULY 30, 1976 00FT ( tSO s T I H1 ! 4'1til•f834•� 0 _ a. 1 ~=` PART II: ,F_ b = OFFICE OF . , ...,. . MANAGEMENT %iii AND BUDGET ,;... -,,ek.. • ,_-. GRANTS AND - AGREEMENTS WITH UM INSTITUTIONS OF HIGHER EDUCATION, HOSPITALS, AND OTHER NONPROFIT : . =; - ORGANIZATIONS A-110 -: : Uniform Administrative Requirements S^'. z Z2016 NOTICES OFFICE OF MANAGEMENT AND general revenue 'haring, loans, loan 10. Ruyonrtbtlitear—Asencles respon- BUDGET guarantees, or iasunence, and (c) direct '!tole for a(iministering programs that in- payments of any kind to individuals. Volve grants and other agreements with !Circular No A-1101 b. The term "recipient" includes the recipients shall issue the appropriate GRANTS AND AGREEMENTS WITH INSTI• following types of nonprofit organize- regulations necessary to implement the TUTIONS OF HIGHER EDUCATION, bons that are receiving Federal funds provisions of this Circular. All portions HOSPITALS. AND OTHER NONPROFIT from a Federal agency or through a of such regulations that invalve record- ORGANIZATIONS State or local government: keeping and/or reporting requirements Uniform Administrative Requirement' Public and private I.nsUtutions of high- sub;ect to the provisions of the Federal J>JtT 1, lg7g. er education; public and private hos- Reports Act and OMB Circular A-40 petals, end other quasi-public and pri- must be submitted to OMB for clearance To the beads of executive departments este nonprof]t organization such as (but before being introduced into use. Upon and establishments. not limited to) community action seen- request all regulations and instructions Subiect: Uniform administrative re- cies. research institutes, educational as- implementing this Circular shell be quirements for grants and other agree- soclatiors. and health centers. furnished to the Office of Management scents with institutions of hl:her edu- The term does not include foreign or and Budget Agencies &hall also deaig- cation, hospitals, and other nonprofit international organizations (such as tote as of5ciai to serve as the agency orgenizations agencies of the United Nations) and representative on matters relating to the I. Perposr.Thl.s Circular promul- Oovernment-owned contractor operated implementation of this Circular. The rats standards for obtaining conststen- facilities or research centers providing name and title of such representative cy and uniformity among Federal agen- continued support for mission-oriented. stall be furnished to the Office of Man- cini In the administration of grants to, large scale programs teat are Govern- 'gement and Budget not later than Au- and other agreements with. public and merit-owned or controlled, or are de- gust 30, 1l7e private institutions of higher education, signed as federally-funded research and 11. lnqutner.-Further information public and private hospitals, and other development centers. concerning this Circular may be obtained quasi-public and private nonprofit or- 7. Requests for esctytions.—The Office by eontlactinig the Financial Manage- cinizatioru This Circular does not apply of Management and Budget may grunt meat Branch, Budget Review Division. togrants,contracts,or other agreements exceptions from the requirements of this Office of Management and Budget, between the Federal Government and Circular when exceptions are not pro- Washington, D.C. 20503, telephone 305- talts of State or local governments hiblted under existing laws. 3913. Covered by Federal Management CU- However, in the interest of maximum Jeans T.Leer, guter74-7.- uniformity, exceptions from the re- Director, 2. Effective dote.—The standards In quirements of the Circular will be per- Arracw stars A-Cacvt.a re A-Ito the attachments to this Circular will be mined only In unusual cases Agencies applied as soon as practicable but not may apply more restrictive requirements CUD rogrOltrrOltrill later than January 1, 1977. to a class of recipients when approved by 1. 'nite attachment sets torte standards 3 Supe-,e on.-This Circular res- the Office of Management and Budget. governing the use of banks and oilier us- etnds arid replaces parts III arid TV of S Aflochmrnts.-The standards pro- IRltuuoni as depositories of funds advanced the Appendix to Federal Management mulgated by this Circular are set forth under Crania and other agreement& Circular 73-7, Administration of college in the Attachments, which are: 3 !dupe fog situations de r1bed to part- graphs s, 4, and i, no Tonerai sponsoring Attachment A Cub depositories agency shall: 4. Policy intent.-The uniform stand- Attachment D Donding and insurance • Require physical segregation of earn ',- arch and requirements included In the Attacbment C Retention and custodial re- pa)torle for funds wbicb are provided to • attachments to this Circular replace the qutrernenta foe records recipient. varying and often conflicting require- Attachaun.t D og-am income b !stabil,b any .ilg+btiity requttrments menu that hive been imposed by Fed- Attachment t Cost ahart.ng and matching for cub de psi torie for funds which are pro- ' oral agencies as conditions of grants and Attachment T Standards for 5nanc)al man- Tided to•recipient. ement systems 3 A se arate bank account eball be required Other agreements with recipients. K y p p Attachment 0 P�aancl►1 reporting re.qutre- when applicable letter-Of-Credit agre ement. S Applicability and scope-Except as merits provide that drawdowns will be made when provided below. the standards promul- Attachment I Monitoring and reporting the recipient's cheeks are presented to the cited by this Circular are applicable to program performaaa bank for payment. all Federal agencies If any st►tub ex- Attachment 1 Payment requireenecta. 4. Any moneys advanced to a recipient preasly prescribes policies or specific re- Attachment 3 Revision of 5nancta) plena which are subJect to the control or rwgule- Qtiirtments that differ from the stand- Attachment IR Cicaeout procedures tion of the United States or any of its omoers. 'Tat provided herein, the Attachment L Suspension and termination ;grate or employees' (public moneys as ds- provisions of procedurte aced to Treasury Circular No 17i. as the statute shall govern. Attachment M Standard form foe epp)ytng amended) must be deposited to a bank with The provisions of the attachments of for federal "metal)... Federal Deposit Insurance Corporation this Circular shall be applied to sabre- Attachment N Property manyement stand- (FDIC) insurance coverage and the balance ciplents performing substantive work arch erueding the FDIC coverage must be col- Under grants that are passed through or Attachment 0 Procurement standards. laterally secured. I Ccnsistent with the national goal of awarded by the primary recipient if such I rzcePrioru for ce'rtd.la recipitn.Ls— expanding the opportunities for minority subrecipients are organiraUons de- Notwithstanding the provisions of pars- bustncas enterprises. recipient& and sub• scribed in paragraph 1. graph 7 if an applicant/recipient has a Rctplenu shall be encouraged to use minor- g. Definitions. history of poor performance, it not B- try bank, (a bank which is owned at least so a. The term "grant-' means money or nancially stable, or its management in- percent by minority group members). property Provided to lieu of money paid tern does not meet the sten lards pre- Arrsoe,sever a-Cssccrue No.A-Ito or furnished by the Federal Government scribed in the Circular, Federal agencies to recipients under programs that pro- may impose additional requirements ea s°"'ts's'see arstraswo vide financ1t assistance or that provide needed provided that such applicant/ 1 'rats attachment seta forth bonding and support or stimulation to accomplish a recipient is notified in writing as to: insurance requirements for grants and other public purpose. The term "other agree- a. Why the additional standards are agreements with recipients. No other bond-. 1ng and Insurance requirements than be tm- ments"does not Include contracts which being imposed; are required to be entered into and ad- b whet irrective action is needed. posed other than those normally required by ministered under procurement laws and Copies of such nottnc tzcaptt. atons shall be the r ! :apt as otherwise required by law. a regulations Grants and other agree- sent to the Office of Management and grant or other agreement that requires the scents exclude (a) technical assistance Budget and other agencies funding that contracting (or subcontracting) for eon- programs,which provide services instead recipient at the same time the recipient struct)on or facility improvements shall pro- of money, (b) assistance In the form of- U notified. vide for the recipient to follow its own re- FEDERAL IEGISYTI, VOL 41. NO• l/l--IliDAd, NIT 30, 197a -1- NOTICES 32017 qat S SEIe misting to bid guarantees, yet- I Rletlpleat orIanlaatlona abould be au• La-kind eottributioas made by recipients or fsrmaaot bonds, sad payment Wade unless aortae! by the Teelersl spoeeorlag agency, subretipte°te (se referred to to pares-a:n I the eeDStruetioa seducer or subooatrsct es- it they so desire, to substitute microfilm of the b.ac circular),er third peruse u set- MS I100,000 Per thou DDDtr•[te or sub- sopa,in lieu of net/trial morels. terns nor. sharing dad mt'.c.t.'aat require• eon Quote es coed;ne 4iIX,0on. the Federal O. The Pad erel specaoring agency shell re- was au of Telera: rpocaoring are:-c.s TLu IpDcy may steep{ the bonding policy end Lust transfer of aortal• records to Its eta- enrichment oleo trteblaaDs criteria for the asqutr•asote of the grantee provided the lady from recipient orgznlaatbne wban ft etaluatlo° of in-find cootributlooe meat by {choral agency bee made • determination determines that the t•toxda porous long- third parties. and svpplema°u the (-aura'-. that the Government's interest is sdscuately term relecuoa slut =owe••, to order to est fcrth la Peden Haratemant Circular potent•{. If suck • de term;mati0n bee not avoid dusi ice 4 record•tarptng, a posers; 71--I with respect to suet sharing et Leer- sea mad{.the minimum requirement'aba11 epocrorMg ads aey may mata errand•meat& ally-eponaored remora M me Willows: with rentptent °tier: aeconte to retain day 1 The following Ian/Nona ',pp!, ter see s.A bed ✓srttae Jr'ora sae, bt&der agtil►• record that are M tlnuotasly seeded tat purpose of the ettacbmeat; Joe • iM bid yrlM— ?otat rice a Prefect coats—project sorts are all al- a1e*t 1r nt ►e* / 7.The bead the Psder%l - lowebte mete (ee art forth is tat tiesni• 1'7w ••►ll guatao�ter shall ooaslrt of • aria of epeaactring•tea apD eemmltmeat coca as a'bid bond artmped 17 and the Comptroller General of the Darted Federal oar prtaclpts) laeunrd by a Tempi- (beck. er etbtr aagoUable instrument IC- 'IOUs or any of their tiny authorised repro- ant sod the value of the la•Liad eaatribu- io cs7t°�I a bid sa ue r.Dee toll the bid. MDLUtrt, ebtll bate scow i to sty pertinent tame made by the reclpttat co third party lot well,open scopteoc. of by bid, saacuy keels,documents. pipers. and records of the is S000mpllabLAL the objectless of the grant etece des IQ'Iual ace u m lot, as mil Dt ea• recipient organisation and teal: Subre- s other eVsemeat Meted the project or Iwo- qutr+a vttala the time'podded. elple°te to ante audits. eeaininatlora, eft- Vim Dares --la _ b. 1 1rtractor fOr+uee bout CM of the c of the °orpts and ow free I VoJsaa • iarvtte required b7 haw, ao soliut aric1 arid slid od maubtag rvprannt the{ Trba—a'performance bond'I.one e:ee Oaf P f1%i sponaortag K*ne7 shell place r•- Tortbn of pro m project or protra Posts not borne la oenaeities with a debtase't ao Secure till. Wirtbna oa toelpiSat Orgcalstione that will of the P,Qersl Oo+ernmeat. dtlliar DL of all tat OOa trig ter'* ObUg•UOa• itmit public woo to the record .ta of recipient s.Cath coetribt fto --C b cootrtbutrtaa adder such eont?sCt. •rp,otiaUota that ire partanaat to a grsot represent the recipient's dab outlay,inciuei- ,.A ones! brwd as ow pert sj tAe cow- a sgreement asupt obit the Nulty eta �1 the ovtISy of money motribu4d 1e tea erector for f00 pe+orwt •/ C),,e eontracf demonatre4 that such record must be kept Minion{ b7 Don•Tadrnl third p&rt petce—A"parme°t bond"Lcat eaacutad is *oaDdentle7 and would have been sarep4d b lbna n s.eat tlr. he'kINg �t•ere se Ot aontaab toD- panKtieD with a aeatraet Id mows pal• from dJaciceure pursuant to the Freedom of D aeat as required by law of all per*oaa sup• Information Act (I VSC 1d!) !f the reoord& blbutlons provided ►y the rectpt.ot sad Nrlag labor end malarial to the eaecutlon of bed beloag•d t• the Federal epooeanoj boa•TWenl third parties Only clan ►u- IDe work provided for !a the oontrset Weary. emorleed by Psdrrsl IeCta;suon,may property I. Rbat• the Peden/ O Doit°tp =aced with tt. Tedanl fusda be mu:tiered [LAMS- *Resumer' D,-Crecstia We. M110 a the recipient's Le-kind soetribuuoaa la- ves or WISPY the repayment if money .rood•. kind eoatrieutbaa may be 4 the t eft borrotlet by the recipient, the Teler•1 { for n Der for property sod non 4- radon., ly agency. at Its discretion, may requfredede- 1. Iyd• o �o( agencies aaall apply able personalproperty end the • us et quasi boodl°g and Lulurince if the bonding the staad►rda set font in this attachment to goods end services dlree•tly beoofttag and sad faauraace requirements of the rvefpfent ►uq Wtn1 to iptaat orgso atbna to Smeuat •peetdeally Ideatttablt to the propel we at not deemed adequate to protect the la- for propsm income related to projects progrer& teat of the Federal Government. eau ead is whole or to part with Ted enl S. Oeoenl guided•• for computing sort t. The Tederel epcasorlag Steer, may A• funds Frog-elm Income reprse°te Bros ta- atartrtg or matching are ea follows: quVe edequew ldeilty bond covu•{e where come earned by the rectpient from the fed- a. Out abating er matching may sweat the recipient bee no coverage and the bond Is wally supported emirates tuck earning ta- of: deeded to protect the Oovernme°t'a Interest. elude ln4rst earned ea ed•eNee and may (1) Marra Incurred by the netpteot as I Wbers bode ere required to the situ•• Include, but will sot be Itm:ted to, Income project crate (Not al/ charges require scab Boris dascrtoed above. the bonds obeli be ob- from eertler fees,We of eornn,,,nttls, ttaag• *utters by the recipient during co• project Seined from companies bolding certlDutee of apetal tar, Sad pcyye)tlea oa 'manta end period. esamplet are depreciation and nee •uthertty ea acceptebl• sureties (11 CFR aselidtr'Y d,orlh4✓I11 start es for Iry tidings tad equipment.) 1111)• I Lsterst tuned en advances aS Pedersl (1) Project orate {{••aced with teak aee- ArretsaoeR C—Cacvua As. M310 fund wl be remitted to the riders:sge°q tribu tad or donated to the reeipumt by ether except for It tart esroad cc sdvetoss to Don•Ted*r•1 public eletxtee►od lartitution, orrow cos ono nufecstal % st-aaaa2rrra PCS States ce inetrumentalltles of a State es pro- and private organise t oe abt tadivlduala. Urceas tided by the l a te rto v rnme n tai Cooperation W I. This attathm•at tote forth record rsten• Art of 1061 (Public Law Ia eons re trs 477). (I) Project eoprermoted by ssrvi tion requirements for grant&rid other epee- I rrp sae from the eels of reel sod pore and real cod pereocel prooperty.or use tbeem- taeate with rseipteaL TederS, sposaortng ao0e1 property •Itber prodded by the Pee- el. donated by other ton•Pedsrel public drat Ooverameat or purc.beeed to waote a is K•aetea sod inrtltutbas, sad ?Tined wis- ps" with !Were) funds. skill be bandied la •unload Lod tbdivituala. Von quireml°te upon recipients other than secordiOce with Attacbme t Ye to this elf- b. All eontribuueoh both iamb and la- thers described below. tufts pertalnine to property maeagem•at accepted as pert of the re*rtpl- 1 !seep( for parsgrepb 1,this attachment tied. than be alas spells to subreetpitata ss weaned t4 s VoJNI the agreement provides other- •°t'a cot abartag Lad matebtog •ban such !a petegraph I of the butt circuits:. the rectplr°te *ball beet no obllg►tloa so eootrlbuUons meet all sf the following 1 Rasaclsl rec�orde.supporting document. theTvdtrN Oo.arameat with respect to aliens! etatietlea reoorde.grid all other rfaorde pert, ro7a1t!s received ea a result of eop7Tlgbis e► (1) Are verifiable from the recipient's Mat to en sc.ement •hell be retained for • ps4aL produced u°der the riot a other r rde, period ay three roar*, wltb the toUowlag agreement (see pate repb I,Attachment It). (a1 Are Dot included ea eootrlbutione W quaUDeatl•aa: I All ether promo. Income earned during sal other teden117•aaatatad proQsm. ► If say lttig•tbn.rietm o eudlt Y•tarter tee project period obeli be retained by tea (1) Are necessary acid rateonable for prop- before the erpinttoo of tot 1.7ur period.toe recipient and, In se°or4Srtee with the grant sr sad •{•cleat soeompUabmeat •f project reeoPele skill be Maimed until all Uttptlons, ar Other Sgr•sm.at•Skein M: objectives, dlalma'or audit Saban tatolttag the record• a•Added I funds comautted b ter prof• (Ii Art• tips of ekergte that wotild M el- ect by -tie Faders! spoeeortag egeacy sad lo•sb1• under the Lppiivbi•cot prtnelpts. Save been reached. recipient eresnvatloo and be used to further (I) An Sot paid 17 the Todvi: Oo•srn- b. Records for net fu d•ble property se• *Si Isle am ob v anent under sootheru'raau meat ulreel with Tedersl Node &Della »{..rash g Pmr ) s' ti"M VW ►. Da*d to acaace the cos-Pbdsrsi abate (unrer, the epermeot Is at/thorte,ed by Ted- 1 rears eftsr Its des)dupoerlioa of the project wiles approved bytt• Tedsrsl oral law to be wad for con sharing sharing or Match- I. Nets records v.transferred to or main• Weed by the Federal apon.ortng egeoc7,Ste "hobo o4 sgtac7,w lag)' /•year ntentloa rwqulr•vtaot Y cot applin• s Deducted from the total project mete (l1 Are provided toe-is tAt approved Cell" !n determrtiag the art costa on wbieh tb• ot obeli required by the Psdeni net°q, bed Ws to teattelpt*at, Tvdartl there of aorta will be baud. (7) Conform to ether previsions of raid t. The retention period starts from the date Si the submssalo° of the Dnal arpeodl• Arran,ocean I em attaeemeat. as Ile. A-110 a4 Velum' for recipient m•ttsd eoatrt►v- Mes report a, ton gnats nu ether epee- air •Saari man aca-ivams• bona will be N ebllibed to accordance with •vats that W rvnfwed annual'', from the tee erpllesh;e meet principles date of the submtsalon •t the ••dung 1. Thit sttarbmeat ate forth „marl, ant 1. /peetnc procedwr fa the rectp:eote m lea elel status report. procrdurea far the ellorsbtlity at seat and stabli hing the value of to-klad eoDtrlbu- PIDIIAt II0ileIt VOt. II, NO. 1/1-MOAT, WLY 10, 1976 -2- 32018 NOTICES Lions from non-Federal third parties are set a Volunteer services mutt be documented financial tainiertsona. as well as compliance forth bolos and to the extent feasible supported by the with the terms and conditions of the Peden! a Venation of+-olunrecr serr-ices—Volun• same methods wed by the recipient for Its pants and other agreement& Such tests leer•ervieta may be furnished by profeiuonal employees would include an appropriate sampling of and *ethnical personnel consultants. and b The basis for determining the valuation Peden: agreement Exerninatlorts will be other skilled and unskilled labor Volunteer for personal services. material. equipment, conducted with reasonable frequency. on • Services mac be counted as cost aharing or buildings and land must be documented continuing bawls or at scheduled intervals snatching If the service is an integral and usually►nnually,but not lets frequently than "seaman' part of an approved program ArsACxasLM T-{acvt�a No. A-310 every two years The frequency of these ce- ll) Rates for volunteer services—!law for Irr•MDAana ►oa rir•wcui Iesie•artirr aminations shalt depend upon the nature. volunteers should be consistent a):ri thote sesrtau SW and the complexity of the actvuty These paid for similar work In the recipient's I This attachment rescribes standards for examinations do not relieve Faders'. agencies Organiatlon It those instances in which the D Of their audit responsibilities.but may erect required skills are not found In the recipient *sancta: management systems of recipients the frequenty and scope of suet audits organlratfon•rates should be consistent with Federal sponsoring s onage eles shal not Impose 1 A systematic method to assure timely and those paid for similar seek in the labor mar• additions!atsndards on recipients unless ape- appropriate reaolutiot of audit tindtngs and Let in which The recipient competes for the dficsll) provided for in the applicable eta- recommendations kind of services Involved tutu (e g the Joint Funding SimpliDution 3 Primary recipients ahaIl require rube.- Act,Volunt Pi 93--010) or other attachments to this eipients (as eeLned to pararrapb t of the sa(sows—When an employer other than the circular Roweser. Feder', apoasertnr ssoden- basic circular) to adopt the standards in cies are encouraged to mate suggestions and paragraph 1. above erupt for the require- assist furnishes the services of an em- assist recipients in eatbalishing or improving most m subpar►g+sph Se regarding the use ploy... these services shall )ie valued at the financial management systems when such a►- Of letter-of-cretin method sod that part employee's regular rate of pay (exclusive of stance is needed or rtqueeted. of the g aph i. cep-ding reporting fringe benefits and overhead same costs) provided 8 ltectpients' financial management any'- forms and frequencies prescribed in Attach- thiw services are In the same skill for which ems shall provide for menu 0 to this Circular.test employeeU normally paid a Accurate. current and complete diicio- b Valuation of donated. expendable per- sure of the financial results of each federally Arr•cu*ewe O.—Cnrataa No A-I10 *one properfy—Donated. expendable per- sponsored project or program in accordance actual property Includes such items as ex• with the reporting ttquireinentS net forth in Fie•wtvt aaoarcM aseCasrriarra pendable equipment. ofice supplies labors. Attachment 0 to this circular. When a led- 1 This attachment prescribe' uniform re- tory supplies or workshop and classroom Oral sponsoring agency requires reporting on porting procedure for recipients to. sum- Supplies Value assessed to expendable per- an accrual basis. the recipient shall not be manse expenditure made and Federal funds wail property included In the cost or match- required to establish an accruai accounting unexpended for each award.report the status leg share should be reasonable and should System but shall develop suet accrual data of Federal cast advanced, request advances tot exceed the market value of the property for its reports on the bass of an analysts of and reimbursement when the letter-of-credit at the time of the donation th'documentation on hand method is not used. and promulgates stand- e Valuation of donated. aonexpendebfr b Records that identify adequately the aid forms incident thereto. personal Property. buildings. +sad Bind or source and application of funds for federally a The following definitions apply for pur- sue thereof. sponsored activities These records shall COD- pas of this attachment: (1) The method used for charging cost yin information pertaining to Federal • Accrued apenditures—Accrued es- sharing or Matching for donated pones- awards. authorisations. obligations. unoblt- pendltures are the charges incurred by the ;wadable personal property. buildings and gated balances assets. outlays. and Income recipient during• given period requiring the land may differ according to the purpose of a Effective 'control over and accountability provision of funds for (1) goods and other the rant or other agreement as follows for all funds property and other Lewis Na- tangible property received. (3) services per- (a) 11 the purpose of the grant or other cipienu shall adequately safeguard all such formed by employes.contractors subrecipi- agreement Is to assist the recipient in the assets and shall assure that they are used rents. and other payees and (3) other acquisition of equipment. buildings or land. splely for authorized purposes amounts becoming owed under programs for the total value of the donated property' may d Corr,partsw of actual outlays with bud- which no current services or perfortrsance $ be claimed as teat sharing or matching get amounts for each grant or otter agree- requited lb) If the purpose of the agreement Is to relent Whenever appropriate or requved by b Accrued income—Accrued income se the support activities that require the use of the Federal sponsoring agency. financial In- sum of II) earnings during a given period equipment. buildings or land depreciation formation should bt related to performance from (i) services performed by the recipi- Or use charges for equipment and buildings and unit cost data ent. and (ill goads and other tangible may be Made The full value of equipment or a Procedures to minimise the time elapsing : property delivered to purchasers. and (31 ether capital assets end fair rental charges bets ten the transfer of funds from the CB amounts becoming owed to the recipient for for land may be allowed provided that the Treasury and the disbursement by the recip- which no current services or performance Is Federal agency has approved the charges lent. whenever funds are advanced by the required by the recipient. (I) The value of donated property will be Federal Government When advances are c. l(de's! funds outhomeed—Pedtral determined In accordance with the usual made by• letter-of-credit method,the racip- funds authorised are the total amount of accounting policies of the recipient with the lent shall make drasdosrss as clone as pos- Federal funds obligated by the Federal Oov- following qualifications •lble to the time of making disbursements ernment for use by the recipient This la) Land stag buildings—The value of f Procedures form a for determining the reason- • a-tent my Include any autbort ed carry- donated land and buildings may not exceedableness.aliosablilty and aUocability of coats over or unobligated funds from prior fiscal Its fair market valve.at the time of donation in accordance sith the provisions of the lap- years when permitted by law or agency Sc the recipient as established by an trade- lineable Federal coat principles and the terms regulation. pendent appraiser It g certified real prop- Of the grant or other agreement. d its-kind contribufsons—In-kind con- railer or OSA re reeentaticesl and g AQounting records that are supported tributiora are defined in Attachment I to arty appp by source documentauoa• this etxcular. recap ei by a responsible OE1(taI Of the or • Ob!ipafio+u-obligations are the ndplett. t Examinations In the form of audits _ Internal audits Such audits shall be made amounts of orders placed contracts and Theebgiv Of domed noe respendable personal by qualified individuals sho are sufficiently grants awarded services received and isms- independent of those rho authorise the ea- Par transactions during a given period that property shall not exceed the fair market penditure of Federal funds, to produce un- will require payment by the recipient during value of equipment and property of the samethe same or a future period age and condition at the time of donation They opinions conclusionsheor Judgments Trey shall sweet the independence criteria f Outlays -Outlays or expenditure repro It) Vet of spare—The value of donated along the lines of Chapter 3, Part 3 of .he sent charges made to the project or pro[rs° apace Shall not carted the fair rental valve ti S General Accounting Office publication. They ma) be reported on a cash or accrual Of comparable apace as established by an Standards for Audit of Governmental Organ- bass For reports prepared or a cast basis independent appraisal of comparable space Itationl. Frofrarns Activities and Functions. outlays are the sum of actual cash disburse- and facilities Ina privately-warted building These examinations are intended to lacer• merits for direct charges for goods and set-y- in the same locality' tarn the effectiveness of the financial man- Ices the amount of indirect expense charged. id) Loaned equipment—The value of agement systems and internal procedures the value of In-kind contributions app lied loaned equipment shall not exceed its fair that hate been established to meet the terms and the amount of cash advances and pas - rental value and conditions of the agreements It Isnot menu made to subreclpienta For reports pre I The following requirements pertain to intended that each agreement awarded to the pared on an accrual basis outlays are the the recipient's supporting records for In- recipient be examined Generally. examine- sum of actual cash disbursements for direct kind coht►lbutfor•a from non•yedrral third lions tion-s�deuld be basis tooridw•ted cin an organise-test the fiscal integrity of of indirecottexp�se•o urred,the nd services eea tee of lit parties FINIAL 1f01S11l, VOL. 41, MO 119J11DAT, RAY 30, 1974 —3— .KV1n kind contributions applied. and the net in- Statue Report (original and no more than b Outtey report serif request for veewe- crease JOT decrease) In the emotion owed by two copies) no later than 10 days situ the bursewurssf Jar► oonstrlcison prorates, (gs- tbe recipient for goods and other property end of each epectDed reporting period for Aebtt ei received for •rnics& performed by employ- quarterly end •ernt.anaual report. and I0 (1) lath Federal eponsor1.rig agency •ball ees tootractort Pubrecfple1n and other Gay, for annual and tine: reports Lxtene$ODS adopt the Outlay Report and Request for Re- pares& and other •mounts becoming owed Lo reporting due d►ns may be granted upon lmburrment for Construction Rorams at under roc-erns for which no current eery- request o1 the recipient the standard:lad format to be used for re• km or performance are required b deport of leder& ChM Tee+eacrlons questing reimbursement for construction g Frop'am Income—Program tntome Is (ninth!! 21. programs The Federal sponsoring agencies detned in Attachment D of this circular It (I) Rben fuoda are advanced to ray bowever bays the option of substitut• may be reported on s cast or accrual bun, recipients through letters of Credit or with Ing the Request for Advance or Reimburse• whichever Is used for reporting outlays Treasury checks, the Federal spooaortng rent Form (subparagraph ea) 'ben the b Ueoblipared b6:oetee—Tee urobllgsted ycr.cies shall require each recipient to sub- Federal agenclee determine that It provides bal►nce is the portion of the funds author- mit a Report of Federal Casio Transactions adequate taformatlon to meet their need& toed by the Federal sponsoring agency that The Federal sponsoring intent, &ball use this (2) Recipients anal: be authorized to rub- hen not beet oh:tgsted by the recipient and is report to monitor tar,advanced to recipients Silt request for reimbursement at Mast determined by deducting the eumuntir• and to obtain disbursement information for monthly whet letters-of-credit are Dot ased obligation from the cumulative funds au- web agreement from the recipients Federal sponeoriag agencies than not require thewtaed. (21 Federal eponeorir.g Kendall may re- more thin the original and two copies of the I. Ifvltqu(Sated obltosf(cne—Poe reports quire forecast& of Federal cash requtrementa Outlay Report hod Request for Reimburse• prepared on a sash basis, =liquidated obit- to the "Remarks"inaction of the report want for Construction Fro/Tama pilots represent thhmount of obliptlona (7) When practical and deemed zonate-Ty, 6 When the Federal sponsoring agencies Incurred by the recipient that has not been the Federal sponsoring agencies may require need additional Information to using these paid For report& prepared on an accrued se- receipts to report In the "Remarks" erctlon forms or more frequent report,the following pradlture bun they represent the amount tb• amount of each advances to mean of &ball be observed of obligations incurred by the recipient fox three days'requirements in the bands of sub- a. When addition►, Information Is needed which at outlay has not been recorded. recipienta and to provide abort narrative az- to comply with legialativ♦ requirement, II Only the following forms trill be au- plan►tlona of aetlons tuaen by the recipients Federal apoasortng agencies aba1) Issue Us- tbortzed for obtaining dnaoclal Information to reduce the •ares, bilious ctructlona to require recipients to submit from reclpieats (4) Recipients shall be required to submit mien Information under the "Remarks" sac• a ltnaeena' Status Report (Z:I(btt 1). Dot more than the original and two copies of Lion of the report (I) nth Federal sponsoring agency eb►l1 the Report of Federal Cash Tran.saetfona I6 b Rhea necessary to meet sp•ctdc pro- require recipients to use the standardized working days following the and of each gram needs Federal sponsoring agencies 'ball FtnanClal Stetlat Report to report the status qu►rter The Federal Iponacrfng agencies rubmit the proposed reporting requirements of funds for all nonconatrvetloa projects or may require • monthly report from thaw to the Pistols Management Branch.Budget program& The Federal sponsoring agencies recipients receiving adeaaaa totaling e1 Review Division. Oftre at Management and May noweeer. have the option of pot re- million or More per year Budget for approval prior to aubmssion of gulling the Financial status Report when (6) Federal sponsoring agencies may waive the report for clearance under the pro- the Reques! for Advance or Reimbursement the requirement for submission of the Report visions of Ott) Circular No A-40 (pe ag-mph ta or Report of Federal Coat) of Federal Cast Tntnsaetons when monthly c Wien a F+dera: speraonng agency ham TTsnaactlom (paragraph 31s) Is determined advances do not exceed 610,000 per recipient, determined that a recipient's accounting eye- to provide adequate information to meet provided that such advances ere monitored tem does Dot meet the Standards far Pt- their need& except that a final Ppancial through other forms contained LD.J?iia at- sancta: Management contained In Attach- Status Report shall be required at the tom- techment, or it. in the Federal sponsoring mart F to this circular, additional pertinent plotter, of the project when the Request for agency a opinion, the recipient's accounting Information to further monitor grants and Advance or Reimbursement form is used only Controls ►re adequate to minimize eicasnre otter agreements may be obtained upon for advances Federal advances written notice to the recipient until ruck la) The FedertI eponaortng agency shall 4 Lscept as noted below, only the follow- time as the system Is brought up to standard prescribe wheti,er the report afar: be On a lug forms will be authorised for the recipl- d The Pederti sponsoring agency. to oh- east or accrue' basis If the Federal sponsor- Cots to requesting advances and reimburse- Lining information as It pa--egrapha a. b tag agency requires accrual irJormation and manta. and c above must comply with report clear- tbe recipient's accounting records are pot • degtwt /o• Adoanee o+ Rnmbureernett iroe requirements of the Omte of Ltaaage- Dormaay kept on the accrual bun the re- (gzfitbtr )). scent and Budget Circular No A-d0. as n- etpleat shall not be required to convert ha (1) Lin Federal sponsoring agency shall vised accounting Iyttem but stall develop Putt adopt the Request for Adiance or Relmbur e- g Federal sponsoring agencies heirs the accrual lr.formailon through best estimates meet as a &ter,da^dlud form for all noncom- Option of abiding out any line item on any based on an analysis of the documentation Itructlon programs when letters-of-credit or report that is unnecessary for decision-m►k- oD band predetermined advance methods are not used trig purposes (7i The Federal Sponsoring agency shell Federal sponsoring agencies, however. have 7 Federal cporisoring agentlr- should re- determine the frequency of the Flnanclal the option of using this form for construe• capt the Identical Information from the re- Status Report for each project or program Lion programs In lieu of the Outlay Report ciplenn in machine usable format or eeom- corsiderIng the sine and complexity of the and Request for Relmbursemeat for Con- puter printout&in Lieu of prescribed formats particular project or proram, However, the structior, Programs (subparagraph 4b). I Federal sponsoring agencies may pro- report shall not be required more frequently (2) Recipients shall be authorized to sub- vide computer outputs to recipienta when It then quarterly or less frequently than an- mit requests for advances and reimburse- will expedite or contribute to the accuracy Dually except as provided in subparagraph rents at least monthly when lettersof• of reporting k•()) above A final report shall be required credit are not used Federal sponsoring b Federal sponsoring agencies are author- at the completion of the agreement agencies shall not require the submission of Lied to reproduce these forms The forma for (4) Federal sponsoring agencies shall re- more than the origins: and two copies of the reproduction purposes ear, be obtained from quire recipient& to submit the Financial Request for Ad•aace or Reimbursement. the Olbcs of Management and Budget -4- FINIAL 11Gi3T1g, VOL al. MO. 141- F110R7, Juts 30, lay . • \ • I I MOM reur•Ma 1011•.011 .-Si••.m I..MO UMW 0•111.e•r••.'t weMir •WWI I e.wGM�e MOBw. e - .t Ur FINANCIAL STATUS REPORT Ir..a-.euo r►. ..ar.••nr•we Ar test► I_ Weil t•ees•r•OISSIIIIINWr..IS Wwoo..gal..-r&No gremlin,IMP.r+ a WwwINIw_ -._ a-rUNw•s••••••rw1•1111110•w.w119•1190111•'•PM.UMW r SUM 0 w. C r O gate O'a'rr. t r•t••e•lt e•N.Yi•er V.rr••• t rune,mown w r••e MON Mork dorr moo, . I. *WV.I: t%M S r.► rr► n► a1 7141 m nova .tOe•artrnN•eneese t7•wtwe► 41 S co me t. t_r.ew•ar n.••r.••e aI. too•r•.v+•••■•smell A A O I N/owners WO••.•q owed P •L...•in....w».•1 _ • w••soft.••eon a. 0 ! a 'NW r•r•••O...eve ewer. (n� o (Gr•.....a Hv/1 - la 11.11 a. R 'NM••.r+no,d•t••r••••r _ I t L... New►waft•••••et•NIr.UA.- . •e••••••••••Meow.•••.N• - 0 P. 4 .errl ohm rr•+tdM•r rarwrw • T l TOO Nero,e••••o,••••••.red S •••••••ww•aa•r■• I. r•. .•w- -•s.wr•A III I•e•••bob y •., v.nr•r ware•••d seer loft _ _ • . ••,er WI •a.wwr•r•r• Few•.r11Nt 0. AVrr•ON•tte..tll. ,...I M• nwt n ••. on...r•1...n•.•e•e•r.•► 0•••••••••••• 0 wIIIMPwrIIIIIr 0 Mal 0 JINN •Nr+•••r Or Inds•••••••.New•d w•. °MCI"' Mn 1.Y•r • r.•K a••N/•• •.�•.K raft ► N.•••N•.•rr.wed••••••r••.N••1•/••r. rote ow NljNrtto wart a••e ttnt /tlt.••O••t I.r•.a.•6. r•••••M••Po,•••••swift M w• ee a ... Ie.••e.N•..••••1 •t om a•r.a•.•.•rriSs.•Moss./i..•OrOomorroo.A....S..YN•/..rmo•r•rows.•r.•ri.r•••a er_____ ...a.....•so,••.•••. - ..►.••• EX11111T 1 I'.'.. .o.....• ••••.+r.r C••CVI*•.O-bt. NOTICES 32021 MSTRuC11ONS Meese typo et Wet lefby Items 1.2.7.S.7,•,1611,10e.101.101.101.11a,Yrte 12 re nMievlanetmy, opecrcic Inslryct)wu fa other Items en u IOIIo•at: two Itr.t A. J<e•q 4 tau'Mr s*prym• t•emMIafler meaner VISIVE1 by so1 Gob' M o*rum r r ',err. tears MOUE/b tar u• trre'rwi •rmmo Some'r?C( (•reut+baw) Osr sense Mr r ICI w r N—C oM ere soar 1 rq.utl k ter/alien'womorrte army, Iwse•'the►oliom.•w7 le IN•.r„ttaa Irate reel grilse Ilea /r ripens yips AI so a ens err. • ?AI Moo Y wesm'.rrf r r rows•raptor as*Ow wile. hew •maare.N or rearms woof&Alb be atwtt`/ne motors Mtei way r NOgsd A Pe ems isomalt mot ot /r repels ow r to m.rs.e 1ems emirtt sm.oml V horns WAIN errs M alra•aemIL bar n n„y of 1M WW1"'lime %Woo the boar •MOP.ns IN yroi tm room/ to r WOW b M • Grr toe rm•rrt► fry one yea'N t'A• bormmte M you were mgt.in M 'a.rrna, ter amour. swum enW'r ar 1*r a•$4Ni M"wd ►r re.*arr',AB wet •ed IPOtt.Rea•Of Mr myna •w r'a1 a..'er M a Iret••t hems. Ow. P. enm —. W [~ rwut( wst*rn/b no mow►watt Now M WW1"nrtleyl worm(M re enoam•bb 10 Tor peter M ta1lcat a•+.en*1•1 mewl, m Y le pr•,"ee mr,o nc r'Ya tr eet+ see e...Mnei ion.aft 1tPr [mr wow etwv.rt or Vnam.'te•tee roar AA tar iti sefrell M 1*.UAW.•a•pp'o„ea PI 1M Ier.w!WOW N NJI'4 at•'K7 Ire4e'tem.rr„t'm ew r.•em.Ira r e Iro)se s prorem. until.,dat/4 erovone tw1�t •mlt'o'r! te'.nl It mo5•03 •'V IMtrafe pup b •ubr7.f.s 6.11 orPtmetwo 1.1O8641•1 a Wisp. , .D' r to•pan rwtaat In r►M '.'nem. *oewr,tee (Yob•w: tes4 V•r Yore''$ b*eten r aR,.ms enmesh be V•bowls--•Yrpfr es roomy,Ira Mt w* S's-^M IDIPO rn(I;of!Pell mT Pie tot e4 5Teme 1•'a none b a".wl C•taby e/ rot", Osmotic Aselvef meP.mPto• Ors—w•(re+wn OKugf YM Asa roma p'•e'am.s Ma.. do MI w•v.w • MOM. Is.OM"on sAlay Ms ma W^wore/. M'.ne'sa' r •e..y toss Mow. Ilmeteowt, rear w4a,r1.+'r,A(a)tme y•(i the tmP Ir the waren, a rot McirY•r1 smarmy t/Vf mom Iran•r•la•E/ tat $'f'tN r •t1e'•Y'rU'CC ares.A.b a.rrbttlls sr,rpm a M'e.rfe S OP We Mel rmPrtat,err•a MIMI Mo*pr a'oe•e"ra.Nn am r own a men's r•r•rltw hems Pile eal•etr. • ems., blurts.", by A+'Ktnn s CCIPOp. WM • reams tour N etc n woe n.town(Me morrows Ionn,on. e. SA..mw In tea s.ea'mts oohs'*.. Is 101 [Mr M radon' sew I r'r••vtutad eeeloreee e5'4s r Knr,au eta nu•e'e.-a rt1 arttrorrre ow. Nee s Owe A T/r.*eorrt err-r Mr loft yoked OM' A'rtt'a'r r eatwt'•e .t?rn •n torte Iwrw M the 441POPo Meson the$.rower w errw•sod •e•ew' poets Y•M' a a•Wwt• Arm w sum mu."' r ..meter .hen rip vMal by the I•lwol l0It [Mr M aw*aK Ms•nwtes awe a*as•s 1•a/l Mo'ra•?M mlirry. If 1M moron P Pm'the newt sr.wr rot aetr•w SI aw.M.rube abl uto w• 10t ILnlr etr or awry TAP•m ootl should be tar Wm N the.ma.M wponed In tome IC.♦Mt law metal ter, Ems ape wino of 1•6ai'Ards To*IfremPas Orr•n•Ot„•t'r..at tat.*$'nowt vo.. ape rwDllswoon NeoK•r tlr f?I.'•na•ot.een Ynr a eM 1 orw.eu a shy ilk.a•mach sp.a nrA r kro.we it P. r tams orbs men. 111 Lary Iva w bleb Awry M mpostre waist 10e P.1.' Mr IV.' ram P'ot'+'e souls Ni( err.. Milos •,r IRA* •,ate'.ma) te, 11+• 'earn Prtee. 11e Gst.r•mum$M tie Owe Is e.►dc•M WA awlef 1.41,8,4 OtiD.,Itr,oni of tar 'YI1•e M Oastewr* inaor*. II wpob tort aw pr.pome on • ono Ni. Duran sn the W'► r .tivaI tare Meow► III (Mr Ma!•*.elan eR rr4'sef east eA•r*.rf IMblt Or tt.+ri b'pen ate*ONION ter•'r+r,mt•a W'wem few wars. ammo cma'p.c the 'r s. of M•PM cs rtm•ertorr •ya+e. a^t M. amev*l M ow. nemmes M 11• [Mr•'rem at M PIMA'Nat dugs/118881 M M y'^•^ts .'+.O* b tentretton ash rile w+eat Ir WWI patent. w pou pip.-sal Sr a.act't,M•Ip.1moo ea•+s.eN law an Mee out, •' aetue tar I4DI's•^r'e.. •ae If more hen NO rote .•s•ppt.M Coral the WINO •ma4M M Ir.e"bet etp.^l. '*t.,".$. the flaw se w paned r$I.r$a a sowers acme.* s'w.,r1 Items •,te a)tlPD.to rt •pp'•e. one the nr. t'tc'mer (er ass rr e.*'cn 1M'me'M ow'Stet Si waned.1M f.t'•.te) . the •'stuns omit Pr 1M mclemot Ire Tpott,.w 'M'aet '•ts the mom. fat,e4 per M $0e01 6'4 MM, pops wct,..0 One b' r^rsas Motet nos we/. In .r'oet. enwo^rt M'*e'en s peso- e A enpbram,sant meter NIrs Plea M pnr Woes to the poured ant n..►room'(mow e1 War papa s emu Maloof b the"mut to M raNtloap Maw OW WPM tun /IDIIAI •SGISTII, VOL. 41, NO. 14$--I1I0AY, JULY 30, 147$ -6- asuzc NOTICES Afw.•.e R corm« fe.nae.rnent .M arde.t No $0-110112 FEDERAL CASH TRANSACTIONS REPORT . .,e...p.. ,0....1 .a0 (See fas t ruc N one crew tAe rack. If report is for mars t Aare swore ',rent or sarietance apretsnent,attach eempletsd Standard Tam t71—A.) L RECIPIENT ORGANIZATION 4. w rr 11116.uO61 L 66666 6 Iwo+ rum. Mama s I. Lewet n.en asses 7. La maw..cram woes. ewr Suvat Give teta''timber for this period a. ►as•ni Aciva mews b S. Trsarry d..cr r...M (.iraw p� Pm, e.a. o�t e+ f /probia i . ZIP G.a.: 10. PERIOD COVERED BY THIS REPORT s. FEDERAL EMPLOYER roomc...u. a.r, row) TO cev.LA. fur row) • IDENTIFICATION NO. r a. Cash on Mnd beginning of reporting period b. Letter of credit wwlthdrswsIs 11. STATUS OF c. Treasury check payments FEDERAL d. Total receipts (Sum of tines b and c) CASH e. Total cash available (Sum of lints tune d) f. Gross disbursements (See epee* g Federal share of program Income f(rsa trretinu set tAe reek) h. Net disbursements (Line f minor lens D) I. Adjustments of prior periods {. Cash on hand end of period 12. THE AMOUNT SHOWN 11. OTHER INFORMATION ON LINE 11J. ABOVE. REPRESENTS CASH RE. a. Interest income $ ENSUING MENTS FOR THE Days b Advances to subgrantees or subcontractors $ 14. REMARKS (A ttocA odd!&tonal IAetta of plain paps?,if snore space is required) 1L CERTIFICATION sIGMATURI OAT[ REPORT aulutryco t tortly to the brat of my knowledge and beirel that AUTHORIZED this report Is true In all re- spects and that all disburse CERTIFYING T"PCD OR•PRINTED NAME A*D TrTLL 'Rents have been made for the puipose and conditions OFFICIAL Of the grant or agreement (Arlo ca.) lNe.►w) lts Trion) Ttic i4osr j I THIS SPACE FOR AGENCY USE 67-t01 EXHIBIT 2 ITANProm r'.brd by O*c.Of bibr.aamerl e*0 area•& CIRCULAR WO. A-110 FlOttAL MISTER. VOL. 41. NO. 146.—FIIDAY. JULY 30. 1976 NOTICES 3202: INSTRUCTIONS Please type or print legibly. hems 1, 2, 9, 9, 10, 11d, Ile, llh, end 15 ere self explanatory, specific Instructions for other Items ere as follows: rani Seery /*try floe 4 Enter employer Identification number assigned by the employee's share of benefits if treated as a direct eclat, U.S. Internal Revenue Service or the F►CE (institution) interdepartmental charges for suppler and services, lode. end the amount to which the recipient le *ribbed for Indirect oOsiz ff this report txve rs more the n eine t're rat or Other agreement. leave Items 4 and S blank and provide the 111 Inter the Federal share of program Income that woe Information on Standard Form 272-/I, Report et Fed- required to be triad on the project or program by the oral Cash Transactions—Continued.othereries; terms of the grant or agreement. 4 Enter ►ederoi grant number, agreement number. M 111 Enter the amount of off edjustments pertaining to prior Other Identifying numbers If requested by sponsoring periods erecting the ending balance that have not epncy. peen Included In any lints above Identify each grant or agree-Went for which edjurtment was made, and enter This space reserved for an account number or Other an a:ptanation for each adjustment under "Ramada." Identifying number that may be assigned by the R Use plain sheets of paper ftadditioral space is required. swam Ili Enter the total amount of Federal cash on hand et the 4 Enter the totter of credit number that appftee to this end of the reporting period This amount should Include report. If an edvences were made by Treasury check. all funds on deposit, Imprint funds, and undeposltad 'enter -NA" for not epphcable and Nave items 7 end S funds (line e, less line ti plus or minus line Q. bank. 12 ['Ref the tstrnalad number of days until the cash on 7 Enter the voucher number of the tart latterotcredit hand, shown on line 111,wig!be expended If more than payment voucher (Form TUS 5401) that was credroed three days cash regirements are on hand, provide an to your account explanation under "Remarks" es to why the drawdown was made prematurely,or other reasons for the excess lie Enter the total amount of Federal ash on hand et the cash. The requirement for the explanation does not beginning of the reporting period Including all of tJ►e apply to prescheduled or automatic 'direness Federal funds on deposit, Imprest funds, and undo posited Treasury checla. 13a Inter the amount of Interest earned on advances of Federal kinds but not remitted to the Federal agency. 11a Enter total amount of Federal funds received through 11 this Includes any►mount tamed and not remitted to payment vouchers (Form TLIS 5401) that weirs trod• the Federal sponsoring agency for over 64 days explain Red to your account during the reporLng period. under "Remarks." Do riot report Interest earned an edvancee to Valais. lie Enter the total amount of etc Federal funds received during the reporting period through Treasury checks, 13D Enter amount of advance to secondary recipients In- whether or not deposited. Chided in Item 11ti Ilf Inter the total Federal cash disbursements. made 14 In addition to providing explanations es required above. during the reporting period, Including cash received give additional explanation deemed necessary by the as program income. Disbursements as used here also recipient and for Information required by the Federal • Include the amount of advances and payments less sponsoring agency In compliance with governing legis• refunds to subgrentees or coritrectore, the gross btion Ilse plain sheets of paper If additional space Is amount O' direct saianes and wages, Including the required. KuiokfeD roues !72 (mm30 t7-70 'Meat IHGIST1I, VOL 41, NO. 141-JIIDAY. JUtY Se, 1976 _G FEDERAL CASH TRANSACTIONS REPORT *a► o.4. ii"ge"'^"'w"'`". Ka 111 0G-001112 CONTINUATION 1. ftDiRA. Cto.tiottltvc A:TN:r -0*Gm..LA (741.f * o..w►4r.4 ow!•ttrt A•4 t.St.•4.44 F. VI oak olio. T•OI•A. LLE►&EttT TO w•ItCn TMII J1t t'OJIT t$IU$ .Airt.wl rr•the.v.,'mit( et••T..n.t.) YtTTLD : h)i►ILtrt OR'd0417„ATIDN ttr.w.o+l►GO oA.r+•stirs s.sr 1'1. K1)DD COVLIILD r Toni.110.04111 14..A.•••o•SI •ow Irootl r. TO If—Y W glow' •. LW MIW..t,O•ploy b'..ct•rem M of..or 1/••..n4n1 trn70 Of Ms ex Ur 4411M141N. 4nm ff TOM l/ru r/S0+.110 f'ECt••.Gomel OA OTwl1£IwTI/I Stt:,.(*' tw'.4.06N RDCu, s-A•c 0+ kr D�ICJRI I LNTS CATION motI.nr,,..4 worsts ..tom 0'►►J.ir.(Y•► d.. WYJ✓n.l tw..►1/,.ow%sf KA.•drat r. . r —,MYo•.[a•O•T11 Pi.' .Srm..+v4rw) (�1 (l1 IS, _ (4) • . . `f,T{st wSh,�,tra(t!•A•".Ttv r v tow I IA s�Y•.*(4) 44 M d YR sr /...i IA o•1 Ili,of WI Sr/•I ..4 h•k.I.tilt 4..►r•....wY.Atww maI $ ..= tf.t•q.t.4ttot•u►i•"Atr• ).f..►Ofn.s... $TA/•D►\D IORY 2T1-J (146, f►1#t P,•.•4.1►t all..1 w.,..�t...Sr*. 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Idl-1nDAY, MT So, 111711 —10- 22026 NOTICES INSTRUCTIONS Please type r prise Iq'bi Mine 1.1.1.0,10,11c,11e,111.11j.111.12 rd 11 re ttelgaalvttemlr, ap•crtK Ms1NCtrOne Opt ecnr Ilene ire ea 001411.1. het garb hem Mary 1 b.fiate woew► '1100.. • Maas s•re r sr w*.. •••••••1 SP.'e••Pea are care• IWO b Oloillre babe a abash Ile e•rwals pbee ee.l r t woe pure a egr•e Vet r seal.be•Opr••..I ea•.base •rwr r• sneers,rein r•o er+mswr.Mrw1► airlo.P•Wiwi"r Vle0.r ee.fir•.eau•..e•1 4 Law be /errs'' teal rear r era YbeWlw N.es MP errnln•e•.es A Na Terve'ae.'o.rrr•eeroy r Oa re b e • errlb•a.^a•t r tab •air.•1..•r 1L tear r`n r ow,t)•■.•erg. er, M vor d e•• • reel r eta.mar realm earl r/(t1M,•••Ole Ierle r too r:eg...1 pro/Y v.!Ps min s0•isre ',wow.* 0• • •rr►t. Poet la ae. Sprat (Kr pews.'Wimp•OM her r a lean, reel sr esuraret afar •M No L.rei eelr•r Malta W raa.albl r lea erear•Ir•••era Prey.'owe spin/Is..roil•etro•er.rK. II ei?..a par at••ear bra rM+N.the roe r"eta'NV•aa.g.r-...ry er roar eat ma • 1 Ines ter en•btr sesstsc/s weeks,arra A Yin re ew..a of raalfe .arbor. rr•gr/. tar O.U t au.* tane.a Loft" or is MI(a•Or' r.Aa.r N Doi si•la$.s••.P'i1.N1•N.seam* elm;.err M eer.r.e I Po te.e'1A► I•W en"Q of MY'+"••m•.•n+r•wee tab ►M rrtenora /s airier Ire.w/eo•M t TOW seas is nnr'wt ti r•curer afar et r•r• rube!•or•.w.S.le...Rvri N.Po aN.I Nee swell•1 roar Per Pea t• rear al re N. BELAY we+ta►..r•ow'f Pm.elmee r•1••••f• .a•s.•a e•r'+s....OM( .•1t eta tar Rear(r••Peres)r 1 ter err...feeM t.br'/ ar Or tea V..eaa.�nr e..A A era Pais,real N.pae..d UM. •ag•.tay sage •are, am.Par..it N.•••aim WI••^••b►.es ..M.qa r ter ...mg won(r err.e•..wt 11 N..► Mark erree'a aeet•••l•'a bag Mgr ales b.rl a Or r M.h Kew N.be+b.aew.n er A _ p•r Pair.•l e+.e eggs wad M as mama e>! 1111 taw Ila e✓•a,Yt••moo errs eO0010 ti Ills,r rr r era ger.r r tab rw•o►'rw••.rn Pair N. career •e Pieced N • Mee Ira Per uM1Mr p.•t A o•Mc.•b e.eo'WY/M O•••••■•• er.pyt s • ••r vet as••rt.I bar.war as Sae beer /Maier •Par Pair.{ sire Os Arai P. SOWee ••e ars r .+..•Pair r Me War Oar MIL • r•err+'V ety..•1.1.friar save I I r 12.N.eaWNW 0011 err .•••mgi WOOD.. •refY.n'•�a1r Yee a..• 12 err• are war obey Parr wP w. await le la roe N.lea feria/le�► saabeet eelab•enes a males lb atiee M er.en Oft.A>ti Y^ra r Pee Pr se •rer11•a rat any aerbai ere were M Y.. 11 err 1• 111 0•y .AI bbrle err..r al WormAYr•se► e•l.'o.t a•IOW)NY.r'w MM.•t.a'MOM. ear is iota ea ever.•o•g•r wee baba.M • II era liberal of is ore aa'er•e.7(•1 lb) MI k1.Y ea 1•are.re.%Na.face sang A tb shams ••groat..KS N.say Mot eK eea••••.•use"• e*r•r .ee .w• •oa•g.••rue 4.••rt A tntrer.. IIt Camaro N. e rwkats' aloe rb.11•r M ergs{..,w eestire) IS eh'eaa lrry l 4set areal. ABA 111,Yo le.err IS•m Ober 1ID1PAL 11;11111, VOL 11, NO 1111--I11DAY. July 20, 111f6 —11— DOM oramt goal OUTLAY REPORT AND REQUEST 7011 REJYOURf[• R„ R oft wp i0)� �� Or wlt MO FOR CONSTRUCT)Oh PROGRAMS ttsa MOOL T.ft•• n �• slat •sea, ($..rYI•.L..I..lea) D —. D fvrye• D CAI. p ••Ie•Iw •npf 114. 0•7A.•o..0.it.:'+..0 a••.i•Ttt••,•.LL I M*A • rut.+ sup*a o'.V 1 0.46.t.1 Won••wn7TL5 r tt1 It••••••J • •r.r'1•,. nice a�LrO••p �OlJ1y••M1rritt •IY•. I•N•nPKrTtA 1.111CI'I�+r•vi O P.rO,RM•A IF OS War • 116.+14 Lon•ms1YNt•It•• r t•7 I yr,rr r.rr r III II am 0) aim N— r 4 •I rann Of f10101 CL41111f1CA ION /a) (N (•) 101A1 ■ ff !! $ ► P••r••'IM••warn • Lail •nattrma,••••••✓irry • Areaaanel•'war,•••1^•Wet Ro. ra gear•Ita1IRt,ln'we,starr tow 1 f. Ntpn•a••••coa loss A I Lad Mwryra•ra • •. R•IocaL.••sal•• I R•Iflc•,10.•.)^Mato to*I a••aloe ( 12tsPIl10,•a•Il.a•.o! • C+'n.vete.•n1►'•t•tT m101. 1•• MIN l I•Irla•100. /11 MI.caI'I•IMY.11•111 • Two tvuvtat.w Y eat*(era,r law • t!u•+ttI••t 1n worm WOMB . t 1 V ta.•IIMt.w r NN(ums I.moo , Me a) • rower 1MIa to ens •. Rev►Ian.•• r.' (IX-% seep. • f NI' ►.Mr•o loon, t.ra, ✓ ••• • IM f) I � •r••a• • ••w 1 I••r•.t.•to rl•-baaaom al $ $ S $ ♦ 1 IMMO It Wir7MILTlOof r •MKS M•dt. s.u.a tt•rt In lfe• ►.'t•m I LM'rt taet to 1M bet✓•q a•I^e/•o Om! M,••• tIM sew owl a L.r'•• a RtCIP•tI? "gm a Pawn wet ass t ,•—=b. Mots on• •tramloIM.•as roe looms ...A.am M Iv►tole'VW tool ON I.•IabYnel Mrs w •t1 toe ♦wnf'P.m; U. Ma* ,1•-.T„at r MII.wan u•.rsr •.a"MO toot mat Me• Y•.I•v1lt rM,,.•tor aft/ Oe. t 941 a 1•tp.nar. M. a.•. a•I•I'•M• I R•O'•••••••aA • o ne •I o•r. • M aews..n outs•IM bf1" M — ry•ia co Po w rs Taint M•?MI Ttat�.0•t I•.�� 1te rw r..t gamma booms✓tte wood. •tlq•I E 1(M)11IT• •t..- at.7 e'.a el- v*•--�.I'Lame♦CIS(.Y.Y Iq.•11• FlD1tAl MFGIMTIt, VOL 11, NO. 141- 41110AT, )1.11Y 30, 197/ -12- —Et— •ut •Ot AWif 1tCtttt-1pt 'ON IP 10A '1111SIM 11110111 811-0 to Mad an•a.+a • 144444014,16 a w•.l.q p swot Y Map A --4• 74•4a•4dm tya4W rw 4aa• uat•.•N.ase'sa4 J.races•ass•tme•nwa e •pip ..� ta till..$ u..a • m .6 .. a�.Why w• sH - ul sal• i sml i P.•r•,.am Al •f in •ml i aria 4w4...J44 ro w A wows 14,4 r.rl •tt lama pommy •y•menial sw.•w•4 perrm A 0 •y as w+aw•1••4 mw•4•4 gals;•+vomr ass as Romp as Pima twuaN!•s b�l.i,.,.../• Nq ass, 'w••�'• ••a se�•vea.sas pis• +wrosr1 •ware.sa.•••w• mahaw toe rills•++ IN M gym•a,m opus p•so pi phi tr..s+aa l.o•r^ .• •1 ••r iwy M.•Jaa, of V /m+Ft+.aa• •414 a Nas•salr Wool •1 Iva 46.•01..yes •nil earl •lt 11•411 rw.a••a roll 1••l •110114M Y 1 M•M a away. y.naN.a sal N.rasa..pm L.ebas sy W+a•J ryr'Om M A^•eA a01~4 d•a•wr Y •U 210.3.0 i.•Por••y,t WPM eay.-sma aaai aam f wr'ay.s• •.ti..ar Nan r po.aW.a•1..M...Y•.w••4 Min sit aura i4 f.,v.1,••wrap..1W41 W.•.a.ls.•Ny P a.• a.W Y t twaa.^W L'. 4 4.44 s.mYm lag /•Yu4orq Y we•••••40•4.45 N rill 111 Jpp•ru4•Imr•e.mJa• ^•r•a I ao44.44 A4 Y apt] ttt pa,aPmOa.a as issa r•as re••a•.o awl An lama ma sl••V a•w.J+J Amami sot •am•a+m•.p Tiw.w hot•rear —.elan a..a— a -g.^l^-p.•was M me fir•f•.wlsN fie••;1.giaevl••wyP 'a•+rl Ott •las.•+a•• put WIM•JUsW >• lea y A/7 alit •_---a lasta•Kta p mows all oft prig marl pit • ao a ea•a.•imam Y•aces•+L 1 444 arrl lit *aim os*. raro, rr. .,wv fells rut p a•� •s1 its #•w Y as pyo•v taslsrr Mears as+/ ale aa.•wp Y •emm • N a pas lima, Y ai wow av 4A•w•a.A a•Q/tl./•as Y all III pap • pal psalm gals •ea• w l+• .144,41 •same•N p a•dq pm sso..a y A flaw• NOW, l.• .iar,p. *for 1u u Vy mime p sap.mama••a 4a.•mw 1•w•+P•Wr Past4q p low Y•fnw.ta• •wAs•w•raw] Yct •. swoop ions a.•-,woe na.laa s pia es lip amadoe a a w. lw.•sv 11•'o•w•r a r•••a•sassy 4.11.11I4 p r.a-a mat y min tilt asap •r• a•M1i• ra.1s4 V pnayy aph s.wia tarp /t //'nice..• M WON; .••+!4 as•heirs•ma$u•n Y m!r'•. •.,maa.+.a•ay. fa Al ma.,.p'I Mae 'a, ales gm • *maw, .rypr..w apt sN4 a+9 Sit 'do}.pm a sumo vie.y Aspires 4ti..•ayrl •tt • p 1•a••l so~Eft M•Roow•M •/stl yy Y a~Pion mow 4•tR+lsi•rA Mai r al%+mama y Paul Sit -__ Y r a•mls/• y wrav •ryuias • '.sl ad% ti.raa4 w p 44r L.Nru..• W •,..•..q �ts.tetl•�e1 L4- U II"aa•s. aai••e4 saws.+1 siquo.•4I INep• Pal$alas•sea%,••m'oW rr'•4,tar 4.up more Om 'arse "ala aa.•aar ti.m:ai• >RA al• am s..s^?wa a••I 4,.m. • rota^• mold twig loom j+w►gq"Kenya 44 V pat'♦l••1140ti.0 •460 ••y Nm+04 Mg 4d w•47n.pun a pm,low-/,Na,p' trial'e•01 • WINO WV1 via O eta,•6w nl mom .p6•4.4 rim/a race a1 Y••••►'•a P 1 4.^•w•a•srl It •a l31*ow%Ss)•wT,sill.p load.^• s11 tt 1.atq to WNW 1ra•mpwr '—a era a •sr• ices-,w+eer lute • sups q tam P4 Mho% twy...aw NIa4 as sa•.a.r Y'V5•a ay•Waal WV aces a imams asses r•al 7aN+•ace•o.off!4e1► 1 4t.rsr •• anamaa• s 1 spare p atyn4 .r twos•ai••ls/al.Pssa •,amps•sal Merl SIT Zaa•a ma.,ma V staer0at a epos (aa44004 1011 aJ m. +S m^"•1 an..y.4 VI.4 ram • tsar•j S.i P•►•a•a ve■r i~MI.•4e,s•+.oyes+# •+o•••a as ran •a1 1144••as+ •Pal Yam aka 4 PUMP mm•Pam aa..•sa vO a Ygt*sa•m •A.•V•a..O'r4$pap,as a Maya p sail rase•as papas r•wawa is ir..m ley s .a row yaao44 pi Da adea.r+•av sarwral • Wrrrr•rs•a•s=�":a:Wn ales• 4la• WOWS • moll Owls w a 4ausiaa pa am•Pall me p P•pace Y naim.•at romp rs74•w••a•w• y P sauna'.A Id"PA aryl• mail a*•I Rt A log 4 alm+s+ sml Y vois alwa•a•••• Y gas t sass slt sass Mf moo"ra tut•4++•4 t•trlo J41 rualwulM sUF.1.4010.+•gbelAa tua att Oraa•a7t,.t�•.01.1�.a11'IP [x+Nl 441�1 slit ie• A a.a •R� mm I 11311001 STOW NOTICES 32029 Arrecre wart X- ctrwleo.A-110 aaUetpeted or Yon Work baits to be pro- I071, erten the recipient sleets all of the re• duped that originally projected qutrements epiirifecl in asowrtasswo awe IMPORTING eaoaur d le. If any performance review •oaduct•d •scept thou iL subpara paragraph Os 1' shows, !Ca roarawes by the rectpeat libelous the need for Change • The relmibursement by Treasury aback I. This attachment arta forth the prate. la the budget estimates in accordance with Method shall be the preferred method If the duns for mot?toting and reporting programs the criteria ••tabilshed in Attachment J fo recipient does not meet the requirement performance of recipients. this Circular the recipient shall eubinit a re- sp.cided la eubpwragrapba kb and Sc. above a Recipients shall monitor the performanpe quest for budget revision. At the option of the Federal ape ng wager 'Tanta and other agreements Lad, T. The Federal sponsoring agency shall agency.this method easy Liao be used o L07 where •pprapnate, ensure that tame ached• make site visits Y frequently as practicabie •onstruetion agreement.or If the major pore tiles are being set. projected work units by to: then of the program is accomplished through woe psilods an being ►coompllsbed, and a Review program aocompllshmienta sod private ansrtet $nanclag at Pederai kasha, other performance goals are being achieved. management control systems.tad and the Federal assistance sennttuts a This review shall ►e made for each program, b Provide ouch tecbnital astatance as minor portion of the program Whet the N- AstictIon.or activity of each agreement as set buy be required. Imbursemmt method Is used, the Pedetttl girth to the approved application or sward l Federal sponsortng agearier shall Submilt dponaonog agency Shall Mate p•rmeat document. proposed technical and performance reports Within thirty days otter noeipt of the bititOg. S. adelpieota shall submit a performance to the Mee of Management and Budget for tenlesi the billing is improper. lwport (uecbalcal report) for each agreement approval In acoordaaoe with the report dear- d. When the letter-of-credit prmedure b that briefly presents the following informs- Lace requirement&of Ohm Circular No.A-40 used. the recipient 'ball be issued one son- tacit for each program. function, or activity as revved. aoiidatad letter-of-credit whenever }enable tavolved as prescribed by the Federal span- Art arm bort I.--�erotaa Po.A-110 to cover anticipated cash Vneeds forthel grants goring agency: at byspan- •.A comparison of actual accompilsbmenta VATrtrWT aaat7atriores storing agency likewise. to the *nett posi- with the goals established toz the purled.the 1. Thls attatbmeat o•tatattsltrs the es' bye, when the advance by Treasury cheek SaGnge of the investigator, Sr both• li the >Dethod o used. advances should be esan- Output of programs or projects can be readily quited hmethede of making payment to reefs- aotldat•d (pooled) for all grants and other quantified. Such qor attte data should rents These men the will urgemin meetize the time afire ma emu made by the epocaorus agency •lapsing between the disbursement by these be related t0 cost data for computation of recipient,Bog the trariafer of funds from the b teat reeiipttat. requi red by law, pod. watt•st.• Dated taw Treasury to throe recipients erah Calve o`wag fie b.Reason' why SStabliahed goals were not whether such disbursement occurs prior b �° ►plea entree shall not Withhold met or subsequent to the transfer Of funds. payments for proper thargee made by reeipi- s. Other pertinent taformiUon Including, a payment, tan be made to recipients env at any time during the project se peer When appropriate. analyst' and erplan►Uon through a litter-of-credit. an „vane. by t*� period with unless (a) a recipientjc Feu galled of eat overruns or high unit costa. Treasury crack.er•reimbursement by Tress. to comply the prog*►m objecUvee,sward d 'Wept as provided in a and b below. turf check The following definitions • I DiCO U r •t theedrti reporting a red to sad to subparagraph bail), Attachment O. for the purpose of this attachment: y meats, t. (►I recipient II indebted n- recipients shall submit the performanpe or a Leifer-cif-C4rttt—A letter-0of-er•dit y the 9atted lutes. and collection of the In- Hchnical reports to Federal sponsoring agen• of tednrsa will not impale accomplishment his •ad the TlaanciBl Status Rtporu COL' teallasts Federal peruted by an agency that et1- w the objectives of a project or program Wring the same Period 1n the frequency*stab- the of sponsoring au- sponsoredtfnder by the Etitednditio states. balled by Attachment 0 of this Circular and, a recipient to draw funds when Linder Such Conditions. the Sp In ring where approprtsu. • trial technics.' et per. Deeded from the Treasury, through a Fed- agency may. upon reasonable notice Inform ery ap report afar toechnics. o leer' er►1 Reserve bank and the recipient's eom- the recipient that payments will not be made project on aa "oats after ted i the w theeral inertial bank. In accordance with the prowl- for obligations incurred after a specified date sponsoring agency sTheper federal eponeo»ng store of Treasury Ctreuln Po b071. Y re- drit11 the conditions are corrected or the ta• vwd' dehtedness to the Federal Oovernaaat is agency shall prescribe the frequency with 1 /lweier by Treasury elisek.—Az oil- I uldated. which the performance reports will be sub' wanes by Treasury check Is a payment made M tainted With the request for advance or relm- by s Treasury cheek to a recipient upon its Animate? 7.--C .cO.sa No. A-110 bursement when that form is used In lieu request before outlays are made by the ell the Financial It►tus Report L=cept as re- recipient. or through the Ise est predator- Wilma es varAwt tat NAMerided for la paragraph 5 below, performance mined payment schedulor. 1. This attachment sets forth criteria sad reports shall not be required more frequently e Anrnifuru+nrer by reearvey theca-,aprocedures to be followed by Federal mon- than quarterly or leas frequently than •a- reimbursement by Treasury cbect is a Treas. oaring agencies to requiring recipients to re- Dually Federal sponsoring agencies seal ury Cheek paid to a recipient upon request port deviations from tnanctal plans and to waive the requirement for recipients to Bub- for reimbursement from the recipient. request approvals for Sartorial plan ee- m1t performance reports with the tnanclal t Except for construction grants gad wvions. reports under the following circumstances' other construction agreements for which op- t The financial plan is the tnare:lal ea- a When the recipient is required to sub- tional payment methods are authorised. Y preasfoo Of the project or Program Y ap- Mit a performance report with a continua- described In paragraph 5,the letter-of-credit Proved during the application sod'or award Lion or renewal application. method shill be used by Federal sponsoring process It may include either the Federal and b. When the Federal sponsoring agency de- agencies U all Of the following conditions non-Federal share.or only the Federal sham. tormines that on-site technical Inspections 051st: depending upon sponsoring agency require- and certified completion data will be •ul1y• a If there Is or will be a continuing eels- menu It should be related t-0 perform►eer Meat to evaluate construction projens. tioruhip between a recipient and a Federal for profTar, evaluation purposes 'Mosul e. When the Federal sponsoring Mency re- •pcnsoring agency for at least • 17-month appropriate and required by the federal quests annual financial reports on a Racal period and the total amount of advance pay- sponsoring agency. Year basis but it Is necstary to get annual orients'spirted to be received within that p•- 2 For nonconstructloa awards. recipients prtres reports on a calendar year basis rood from the federal sponsoring agency Is tha11 Immediately request approvals from $ between the required performan-e re- 4250.000 or more. as prescribed by Treasury Federal sponsoring agencies when there is porting dates. events may occur that have Circular No 1071 For joint funded projects reason Is btlitie that within the belt•Wean aignIficant Impact upon the project or pro- the Treasury has authorised a dollar criteria days a revision IIL be neeeawy tot the 'Tam In such instants, the recipient shall Of$120.000. following reasons inform the Federal sponsoring agency as soot 1.if the recipient has established or dam. tba Co eat or es n the scopegoor the eb j•cUve of as the Wowing types Of sondltlotu become enstrated to the Federal sponsoring agency b The aced toadditional Federal fund- iaws: the willingness and ability to maintain pro- a Problems. delays. or adverse conditions endure. that will minimise the time claps- Th. tnn•fsr of amounts budge fcr that will materially affect the ability to at- trig between the transfer of funds and their Indirect Costa to absorb tncre►ses i trect tarn prcgr►m objectives. prevent the meet- disbursement by the recipient. coats or win versa. tf approval r ► tared Mg of time schedules and goals,or preclude C if the recipients dnanCial management by the Federal sponsoring agency the attainment of project work units by es- system meets the standards for fund control d The expenditures as require approval In tab/Isbell time periods This disclosure shall and accountability prescribed to Attachment accordance with F1,iC 73-S. `Cost Prtndoles be accompanied by a statement of the action l to this Circular. 'Standards for Financial for Educational Institutions" For ail other taken.or contemplated. and any Federal Y• Management Systems" swards. approval requirements tot ether Distance seeded to resolve the situation. 4 The method Of advancing funds by item.of eapendltures may be Imposed If they 1 Favorable developments or events that Treasury check shall be used. in accordance are consistent with those In FMC 73-4. No enable time schedules to be met sooner than with the provisions of Treasury Circular lee. Other requirements for specific neat may be lD(tat t1G15T1g. VOL 41. NO. 141—MiDAY. SW 30. i47d —14— 32o3o *onus impaled tanless a /e•tsUoa ale area sp- a. Ciaw.t.-The ata.00t af a grant of tha %at or 'Karr a oero at ale woal- ▪ nd b3 the coos of M_ .zed_*t and aQ*emsat a the prices by vbl= a Fer•eras Son• or ata.dards When tbst struts, the iaft,t. •-a• weary dieternsinie that al a►- Aderal eponsortpt agency may, ea reason- •.aactpieat pla.a to transfer funds allotted pliable edminitrsUvs actions sad all If- able Untie* to the recipient, napegd the ter tiaLLtag &liceaaorts l/trsct peymeate to aILUed veal Of the acelrmmt have been peat- other agreement, and withhold fts- tratnersl to ether categories af •games. completed by the ►wYpleat said the Federal {bar pafineata, prohibit tb• rt.pant tram 4. Mode d the substantive prop-i matc slpon.ortac epaey. Orurrtng additional obligation• at Nada, Irefl under a pant •r ether afavetseat may b. Date •f completes—The data of ems- p,amsnl oorrutl.e er on by the reelpl•nt,of be subcaatrected or trarsdelrwd without arts plea= b the data as which ail areal ttadw a dscriioa te termtna In &ocbrdann with approval se the PwdereJ •ponaoring Idsxy. g%0ta Lad ether as-wbmernb le eempleted - pare47407 4. The Peden, •poaaorint scanty s This prortaloa do oat apply to the purehear the date so las beard document or any aLat1 allow ail beteemtry and proper eaau cif 'applies. maternal. equipment, de pastel auppluneat or usendaent therelel.• which ;bat tda r&Cpleat Would not reuoasbly seat Support awirtaa& Peelers;apo n aaablp Wade *wing the ported of ruapeaslot provided that t The Federal ep:oaortat wart may S. D salloard emu--Cteatlawid cots are they bast the provtaloaa of the appl►eabl• &law st Its option.riertriet transfers of funds thaws therm to a pant or other/ arsarosot coders:tort....Veins. aeaoag direct east artstorts for awards to that the Pderal rpowartn4 agency er Its l Psdersl epoasorlag sgeaeia slm. pea watch the Federal share azarid& $1CC.000 reprmentette• detertaias Y Is mallow- wide for h yu - wbsa tart cumulative amount of rush trans. able. In accordance with the applicable Pod- mamas ' ':2'..:• ".....`ar'" ""'"'' ''outli melee trios. gere asoesds or in. apeeted to ezand See eN tort priaCp1s or other sloeatam Were- yeeapea'' Lrwsms at of %be Iota budget as last approved lathed to the icemen,. the fouawlas: ay the epoworinl agencyThe lame criteria II Al Federal apoaaertns actb brim shall a. Term Ovation for male—The Pad seal shall apply 10 the cu.mulisive amount of bblah closeout prooed' that Melted* the eintustag sgtaty ms7 twaerwe the nett to leanesn anima pro(;*ama. functions. and folovtas rwqutrameala lay pant or -tart acrvetaent to murals wbea budgeted seprsterly for a a Dpoa Muse. the Tadertl apotacstL( wboi. a to pot at lay trinebeer* bore la te te award., se. rpt that the Paterarpoaaori R as asl shall oaks prompt payments be a e Oenmpletsoa,wb•luvar It Is determined that ge ancy abali permit ao transfer that would reciplsot fee allownte retm ra buable earth be'' r.ctplest boa faded to comply vita the ow• any ?sclera approprtauon, or part trade tar peat If other aerameat beiza ecradttloas e the agreement The Peden) thereof. to be used foe purpmes other than clamed•ot sponsoring agency shell promptly goofy the thaw Intended b. The rvctpieat them tmmodtsterly reload recipient to writing of toe deurmtaatieo and •. Al other ch►ngea to aoaoostruettoa say balance of uaobligatsd (uaeaeumbsend) the reasons foe the taralaattoc. together budgets. *script for MI eaaags tav'tbrd (malt that the Pe4eral epotaaoria& weary has with the efecti•• date Permeate Dade to It paragraph S. below. do sot require •p• advanced or paid end that b oat autboris.d reetpleate or recover:; by the Pederal •pot- pro+al This Includes the use of recipient Y be retained by the rwcipteat fee am la Oaring agencies under pants or other wee- funds la fwtbersaoe of program objectivel ether create or other aereeaeste. menu tersJeated far cause shell be to be- aver sad Shove the recipient minimum share S.The P•dural epooawiag agency shall e►- aordaoer with the Ieg i rights and =Wilts*. laciuded in the approved budget. lain from the recipient withta •0 eaJeader et the parties T Pot •onatrucuon averts. recipients days alter the date ce completion of the b. Tarrr.fnar.oei for orioro e'tcc—The Pad- S hall request prior approvals promptly from a;rsemeot all Saahclal, performaaoe. anal oral &poasorthg ivory or reciplott say tar- Adam! spoaaorlag & ehos for ►udast re- wither report.rvqutred de the eosdlib•Of the mlaau paste and other easemens to weals slalom wherever: apsement The aseocy may plat ertenb®e or la pert when both p►rtls agree that the a Tbs revision results from clears is warn requested by the recIpteat. •oLUDuaUoc of the project would not pro- the scope or the objective of the project or I Rhea authorised by the grant at ether duct bsareelal resulte 0otraieaaurste with program. sad sjrvemeat, the P►derai epoturhring new, the further •zpeodttuze of funds The two b. The revision halals the budget anal asks a attle:ant for say upwsrd er parties shall scree upon the termination cos.aatouOts of Federal fu.ada seeded to mom- dowaeard adivatmenu b the reSern3 there anions. lacludlog the effecttve data and. la pieta the Project. of-asu slier that report& are received. the case of partial termination. the portion • when a Federal apoasorlrtg ages:y • The reciplent skid a 3h ulst fa lay prep•- >o b• terminated Tat recipient abeIl mot mats an award that provides support for arty ecquued with P&derel fuada v eve- Wier bow ob:tgitiona for the tarmiruterd par- - both cmnstrucuon and 0oacoastrucuon work. delved from sae Oovetameat lb aeeerdass lion slur the effective date and shell ma- th* Federal sponeorlog agency may reoulre with the provisions of Attachment P to this se/ as many outatandiag obligation as poe- We recipient to request prior approval from Circular. Property lranagvmeat ittandarda bible The Federal eponsoriag agency shall Yee Federal sponaoriag agency before making I. Is the event a •sal audit baa sot \sea Sllow full Cwdlt to Lb. reclpleat for the any fund or budget transfers bet•ten the performed prior to sae closeout of the crest Federal lase of the aoacaneellable Obltgs- two types of wort supported. a otber Wee ceeet' the Pederal spoaaoriag liens properly Iaeurr-d by the recipient prior • For both aonstrucuoo and cenroastrue- War) shall retells the right to recover es Yon swards, Federal sponsoring agencies appropriate amount alter fully toaaiderinj Y terminaibb. *hall require recipients to souly the Fed- the recotamead.uona co disallowed octets re- AS rani NSW!li—{brmel Po.A-110 oral sporuoring agency promptly abeaever milting from the Sal&Wilt. the amount of Federal authorised funds is 4. •uspe ascot sad carat naLon procedures Praxaase roans ran arrtrDr•MS especial to sicced the needs of the recipient are anatathed is Attachment L Y Lab Clr- maul ai larraits by more than 15.000 or eve percent of the Misr. I. Tab attachment promulgates a stand- Ptderal award, whi:Bever t. greater Thy and form (57 124) to be used by public and aotieca:ioes will sot be required it applts- LTI'cm scram L-CleIemea No.A-110 ovate Institutions of higher education. tloru fot* "IS lUertal funding see Iubmlttad avvtnuow ass ta&tae&noa reac:arvass public and private hospitals and other quasi- foe sootinuing crenta public and private nonprofit organization.as 10 When requesting approval foe budget 1. Thy attachment prescribs VZVorm • fear sheet for epp:lcatione when applying revuioru. recipients shall use the budget •uapeosloa and termicatlob pracedurs for for /'ederi1 flats under progrimt covered forms that sere used la the appliesuoo Federal sissy aid other speemesu with ley chment A. Olvfll Circular No =leas a Niter request will sum . eecypltata. 0 Part addition de n agencies are particularly Ii Within $0 calendar days from the data S. The taDowtng definitions shall appb •acoursged to etwund the use of IT 424 Y et receipt of the request fa budget mi. fcr the purpcte Sr Yts attachment: •otraooc program OM Suit* and local goy. loans. Federal sponeortng agenclrs shall re- t Trrarreatba—Tao trrainetloa de a •rnments where this form is now required by Oleo Y» request and notify the rectpient past or •then agrament areas the eta- Pb IC 70-7. whether LAc budget re•laione Rays been sip- ullatb& of Federal aponaori:lp.to wbols ar $ The ST 424 may also be used.on an ap- proved IT the revIsion b still wader son- In part• tender as agreement St Say Una' ticoal basis. to fulfil the requirement& of alteration at the end of 20 calendar der. prior to the date of eamptaUoo. OUR Clrrul&r A-1S for a noufcation of ta- lk. Tiederal apan►oriae agency shall Inform b. trriprw+ba—Tee-uspeasb5 of a great tent, from appl►cant to eleeringhousea, that the recipient to writing of the date when the of other agreement is as artios by a Federal Federal &alliance will be applied for Local Iletipteat may expert the /ect&Ion sponsoring agency that temporarily sue- ee list,clearinghouse procedures will govern Arrecneanr L—Cane• Ito. 411-110 panda Federal apons:nbip wader the grant the use of the torn fat this purpose or other &creepiest, p•oding airrecuve se- S. The afar dart foes will also be used by dodder? /WaTIlwab tahh by the raclpkat or psodtng a decision Federal agencies to report to the clearing- ! nits attachment pre-scribes uniform le lertninate the pant or ether Lgrwemeot houses on staja actions tales on &aplica- etaeeout procedures for Federal ratite era• by the Prderel apoae ring egesay. Yone reviewed by clearinghouses In accord- other agreement& with recipients > All Pelletal spansostag agencies shall aria with OM) Circular A-11.and to aottfy I The folloaing drfnitioru shall apply for provide procedural be be followed when a States of grent.•tn•atd awarded In a cesS- the purpose of this &ttacbmeat: neipleot ban failed to comply with the terms sect with Tetasury Circular 1013 OIDI AI •fGtifll• VOL 41, NO 140-JlIDA7, JULY IS 197/ -15- RIv IIbt3 Ka21J1 ems 410•...1 Nib LAY FEDERAL ASSISTANCE 1 A'►IJ• . YAM[. L Ran a 13116311 1. Twfc ❑ LICA A►►LI. • NYE Mu login ► Otft sr some dam PowACTION ❑ Y►JCAT1011 CATION 19 ►of •111•tu I{ (r••I•► ❑ II07IIIuT1011 DI ORM (OK) v.. Cr". D Ivor DI ruou: ACT1olI awI l LLGAI APPLIGAN1/91.CIr5LW7 I. ►LDLAAI CCU !DO(TIncAnow ao. • •pr war ems • OD..slr•lea .• a Ltrrl.,►.{. E>. 94110. • MOM 1 1 1. 1 1 1 1 • O>r • Omar : aalar ►MU 1 E1r Iprw L Epp rt• ?Mena • Owed Prim Wawa Carly) I1 I.L 0i~ M.I : 7. TITLE AND DLICOIPTION O/ A►ROCANT& I'I10JICT S. TYPI CO APP1Xikfr/11IGSPIDIT I a-tier 161,.........I. As.•sows ..area F R((.. u , •I Darr ... . . -•w� 1•/..ire Y.d MEMO S. TYPE 0/ AStSISTANt; bark {nap Sbi•••r••r War rasa. 1•ra.r.l m 1► MICA Of MGJLCi IMPACT 1N.ft..•!whir w•.r. 11. tttllla7(D Nur +11 Taft Of AMLXJ,TION &sr.r..) L• 0• "(OWNS A#r Geer (i•/rlMle ILI4VTTI11.0 I-iw.sN) 16jraraillr o. ,W. sprawl".Ion 0 13. ►AD►OSLO IJNDING 14 CCNGa(S,$,ON&I DI/TIIC7t, Dl U. TYPE 01 CP AI•Ot (In Jag-NIB) 6.-iromas MI • ILdltat 1 1 M I• Af►NtART T• emir ►D. .0m Dew 1-0ers /if•waNN I `I Yt.1W% .tI! a-D. Demir. IL MIT .IO'16. PROJECT START 17. I'UOJLCT [-0••rwire Dart !sir.......la ps a ••► GYRATION taw •f . 7 I LOCk le� 11 W LI. arum kra•la/ l • fffllt• lc ,111. U1 aaaYLO Dan TO raw ~am ear lt. EXISTING fLDLJLAL IDLMIIIICAT10•. IWWILA 1 Sc Su•a.RLO TO 1 RT4 ,1 am1 ►LDC&AL AGENCY O. 19 E>. IL.D111A1 AGENCY TO SLCLIYL IILOJLST (Nero.Cr16.Yawl..IJl swirl 31. 7111.ar&11111 ADDL/ _ CY• DIN EL • 1. a. Mr M w VieIp ••/ •rAO • P re..mg N D•It C..aI.• a-IT s,. a►'aa's. roe ►V net power r r No Po- Zar•.•.r •rk r •r Warr sass/.M'.OI.n •w dons•... Mr II wimpy As'Va►.. W U rsr+s on •7r.1I QrwY -- TNt us.• ••f r•! Oa ka..Ml W e- A►►LIC•ANT col afrwal A no fr."Al — CLt11fIIS M. IN u•l a. ►. ass. it ..II �•I/ 01 D 0 . 'TNAT► art. 1•5 •aa:••I aar•aar f ea imam- sr I MYswl 01 0 0 I a. • 1111$ mac at tau a $ ATI•tL a MR SIt1 a CLRTIPIING I. raw sr .. AM Ot►at. aI[MTATIY[ 1 r al AGLJ•CT IM1t 3LOMp►LJCA Tr •r y w•a day IS . 11 O111:•N13A11ONAL UNIT '37. ADWNISTAATIYC ORICL E1 flDLMI APPLICATION Kahl IfICATION Is ILEI. ADD$fi.$ 7p IOU.TAIICJ.T ION 1 91. ACTIDN TaRLN LL /YNDINO 7r a•wr ••I 3ar alias 7r Vail a.• O•. MAtDtJ!I • RO[tu $ �o u. ACTION DAT(► I{ _DAt( 1f i D• t•JLCT10 • YRICAIR Jo 133 C.ON/ACY IO• ADDITIONAL IN'Dt•4 Il Tr swN ••► TCTI (Nor •r/ ••i.paa.a r•.aa•1 (NDINC 0 a �Lt.cD lot a STAR paTL 7$ IA•I[JO�I1fT • tack 37. *Lwow' ADDED s crate IC D• f11rDtAt►t _/ 1OTAL { JO_ p vas CM Efi • la ow./ •Iw. ►r..•. wry aww•► •r or ••.s s)r.t.(l.s ors am • f1DltA. ACII.R 16.91 MT Mal 'pa. a earn repro.. I.Sr err•r•a•.w 0 M 1.OYt Ws.4r N4I. IM..•.lot I.:ap4..a•rl ILDfMI AGENCY a ma•r.r•r aa ems A♦L ACTION r4..J+I0 IO•I• 414 PAGE 1 (10-71) Ior"1wf•I GSa.maws'r.W real Chalk fN FEDE1AL ttMIMTtl, VOL 41, NO. 111—PIID►T, /YET 3D, 1976 -16- L t- •L01 'OC LW '1V0I11-11Pt 'ON 'IP 'iOA 111310111 1111101/ (St-0t) 1 371/ 111 14110! CM111MII$ ( &h'1Ar11'1 Sw/r♦.4sav1}4•44 Tnr+40fw'rand) I vw• M-+Y MOILT1 NoncUs 32033 GENERAL INSTRUCTIONS This is a mufti-purpose standard form. First, it will be used by applicants as a required facesheet for pry- applications and applications submitted in acGordari with Federal Management Circular 74-7. Second, it will be used by Federal agencies to report to Clearinghouses on major actions taken on applications reviewed by clearinghouses in accordance with OMB Circular A-95. Third, It will be used by Federal agencies to notify States of grants•in•aid awarded in accordance with Treasury Circular 1082. Fourth, It may be used, on an optional basis,as a notification of intent from applicants to clearinghouses,as an early initial notice that Federal insistence is to be applied for (clearinghouse procedures will govern). i►PPLICANT PROCEDURES FOR SECTION I Applicant aria complete all trams In Section t. If OA Rarn Y not appiiiobie,write "PIA".If addRional spec* Y needed, insert WI asterisk"•".and use the remart s section on the Dock of the form M explanation fotio,s for eadl Morn: Awn Atm 1. Mart approprtata Dos. Pre-application and applclr D. insur>tnoe. Saar ssydanalory. Von guidance Is in rue 74-7 and Federal agency t. Other. Explain on remartsa page. Grogram instructions. Notifcation of infant p.i- Once i• in Circular A-95 procedures from dear. 10. Coverromerrtsl unit ewe signifianTt and rresMnS- k+gr+ouw. Applicant will not use "Report of Faders& fut Impact could be obsarred. List only largest Action" bus. •r units affected, such es Stets, county, ur►If y. lb. Applicant's awn control numbw, If desired. entire un*affected.1ht k rather than subunits. >ls. Dee saeion I Is prepared. estimated number of persona directly benefiting prepared. Ibsen woad. Ss. Number assigned by 2t.te Wartnghouse,or If don► lZ ties approvtets cods lofty. Dalnitoee set gated by Stets, by areawide cieartnglouf< All m- ounts to Fide-s'agencies must contain bile Mont- A. N . A submittal tal for the Scot time fora row ter rf the orceem is covered by Circular A-PS and project. required by applicable State/areaerida Mooring-B. Renewal.An tr tension fo►an WIT-ions!funding/ house procedures. if In doubt, oorsuR your dear. Inghouss. budge Permsproject having a project projected completion d+r".a, but for which Fedarei support lib. Date applicant notified of deartnghousa !donator. must ba renewed each year. 46-4h. Lege?name of appncant/reclptant, none of Primo, C. Revision. A rnodtftc lion to project nature or Orgsnizetionst 'inn which will undertake the aeaye. scope which may reauR in funding change (Mr Once activity, complete address of applicant. and crease or decrease). name and ta'eprnone number of person who can pew D. Ccorynustion. An ertansion for On additional Note further Information abort this request. flrndlre/Dudjet period for • project the agency !R Employer identification number of apprtcarit as ace. INtie ,1 •peed to fund b a deRnrta number of signed by Internal Revenue Service. »'i Use GLtog of Faders! Domestic Assistance nus► L Augrr»*+tatioe►. A requirement for 4ddltionat bar assigned to program under whir, assistance is *ands for a project prevtouty welted funds M :punted. if more than one program (e.g., joint- the same fundrng/buctgst period. Project NU" funding) write "multiple" and explain in minaret". and scope unchanged. If unknown,cite Public law or U.S. Coda. 1S. Amount requested or to be contributed during the lib. Program title from Federal Catalog. ADbrTr4lte i Ire funding/budget period by each e�Dnt►ibutor. Value of in kind contributions win be included. M necassaq' the action Is a change In donor amount of an exist. T. Brief title and appropriate description of project ing grant (a revision Of augmentation), Ind,cata For notification of intent, continue In remarks esc any the amount of the change. For decreases en Von if necessary to convey proper descriptor. close the amount in parentheses. If both basic and l setr•tx 4nat0 aupplerriental amounts are included, breakout MostlyM p ry."Cip"Includes town,tesan► remarks. For mu t p a program lund,ng, use totals ship or other municipality. and show program breakouts in remsrkt item def9• f). Chock the type(s) of Oulsbn+ca requested. The nations: 13a. amount requested from rede•e! Gov. Check f the of are ernment; 13b, amount applicant will contribute. d13c,amount from State, if eppi cant is not a Stec A. Basic Grp* An original request for Fedor* 13d. amount from lout government. M applicant is funds. This would not include any oontltbdticn not a bat government. 13e,amount from any other provided under r supplemental grant eou,rua, explain In remarks. I. $upptemantal Grant. A request to Increase • 14 Sae septa notary. basic grant M certain casts where the eligible applicant cannot supply the required matching Rib. Tire district(s) where most of actual wont will be share of the basic Federal program (e.g.,rants accomplished. If citywide or State-wide, covering awarded by the Appatachian Regional Crones* several districts, writs -citywide"or "State-wide." lion to provide the applicant a matching share). 15. Complete on for ,,visions (Born 12c),or aygrnar* C. Loan.Sett explanatory. tst;ons (Ram 12s). STANDARD FORM 424 PAGE 3 (10-75) fIDttAI RIGISTta, VOL 41, NO. 1/e--FtUDAT. JYIT 30, 1114 • yN;tg SW IRAs Nun Nam 11. Approximate date project expected to begin(uswb 11. tdstt" Faders?t a'd esaccleted with estimated date of evselabUcttr at e lie. tat If this not cuis landing). request and directly ntetae be • p,ov y rederet action.Otherwise.rib"NA". 17. Estimated number of months to tempi.% project SO. Indicate Federal stoney to which after Federal funds are available. addressed. Street a kin sex not rod but o e required, do w IL Estimated Sat• preeppikation/apptkattoe hN5 the 21►. submitted to Federal agency If this pro}ect ',Quires 21. clearinghouse review. If review not required, Shia formic ontains l e boa M its wMther Suction a a>< date would usually be same ea date In!tern 2a. a e contains rernaArs and/Or adbitional rumens M ettadlad. APPLICANT PROCEDURES FOR SECTION M Applicants wit!shiers complete Rams 23a, Z3b and 23c. If deartng)housa review Y required, Rem 22t>must be Tufty com- pleted.An explanation follows for each Item: Nern Nem l2lb• fist clearinghouses to which subrnitted and dhow alb. fief,ecptanalory. in epproprtat• blocks the status of their responses. For more than three clearinghouses, continuo In remarks section. All written comments wbrnfttad Sac Oaf astyianafory. by or through clearinghouses mutt be attached. 23e. Name and Vile of authorized repressntstive of legal Not,: Applicant Completes only Sections I end II. Senior apakant HI Is completed by rodent agencies. FEDERALAGENCY PROCEDURES FOR SECTION II If applicant-supplied Information In Sections I and It needs no updating or ediustrnard to It the final Federal soon,the ►eders? agency will complete Section Ill only. An er.plariatioll for loch Rem fo1Io, tern Nerd St [awuttve department or Independent agency having Ss. Here and telephone no. of agency person who ten program edminietration reaponaipl provide more Information regarding this awstsnar. IS. Self explanatory. IL Date after rhkh funds wit no longer be available. 2$. Primary organizational unit below department level ST. Check appropriate boa as to whether Section IV of faring direct program management responsibility. form contains Faders( remarta end/or attachment E7. Offica directly rr+onitortng the program. of additional rarrkertt•. SL Use to klentiy non award actions when Federal IS For use with A-05 action rotkes ony. Name and grant identifier In Rem riot 30 applicable or»All telephone of person who an Shun that •ppropi- not wRtp. ate A-115 action has been taker' sam -4f e as person a. '+pt�• address of•dmintstarf office sAowm M Shown In kern 33,writs "same". If not sppliabk. Rom 26. ng "NA". 20• use to identify sward *stone where dMerent front federal Agency Procdurtts—»pedal considerations Federal application Identifier In Itean 26 Is being assure Circular 100g2 compfiancs. Federal agency .fig 21. Siff explanatory. Use renanu section to amamplifywhen •paroprteta. proper completion of Sections land 111.If Section I completed by Federal agency,all applicable Rem �- Amount to be contributed during the first funding/ must be filled In. Addresses of State Information Reap budget period by each contributor. Yalu* of in-kind tin At•nci•h agency. 's)ors pr rap try Treasury 240, whicDepart. contributions will be Included. If the action Is a • rent to nact+ agency. This form rapist's SF which change in dollar amount of en existing grant(a rrA. will no longer be used. lion or augmentation), indicate only the amount of 9. OMB Circular A-OS Compliance. Federal agency will me- changc. For decreases, enclose the amount In pa- sure proper completion of Sections I,II,and III.This form r•ntn•ses. If born basic and supplemental amounts Y required for notifying sr reviewing clearinghouses of are included,breakout in remarks. For multiple pro- major actions on all prog-ems reviewed under A.-IS. gram funding, use seta's and show program brisk- Addresses of State and•r•twide Clearinghouses are pro- outs in remarks. Item definitions: 32a, amount vkdtd by OMB to each agency. Substantive differences awarded by Federal Government; 32b, amount ape between applicant's request and/or dearinghouae recom• plicant wilt contribute, 32c, *mount from State, If mendatione, and the project as Sully awarded well be applicant Is not a Stets: 32d, amount from local explained In A-95 notifications to clearinghouses. governmentif applicant is not a local government: C. Special note. In most, but not all States, the A-95 Stets 32e, amount from any other sources, explain M clearinghouse and the (TC IOU) SCIRA are the same MTMrte' OfRCC. In such cases, the A--95 award notice to the State fi• Date action was taken on this Fermat clearinghouse will fulfill the TC 10112 award notice tie gat Dote funds will become available quirement to the State SCIRA. Duplicate notification should be avoided. STANDARD FORM 424 PAGE 4 (10-75) •CPO.Mq e•a/h.M 1/.-11 FEDEtet tEGISTte, VOL 41, NO. 141--Ft1DAY, JULY se, 11176 —19— NOTICES 32035 Areuci laser x--Carmai No.A-II0 b. Tbe nctplent shall obtain •pDro el ►7 Government ea 1e • tdtrel party names by reorder" buMaLL7aZsr? RaeYttba t . hdersl Fe .bet sponsoring agency for the use of the der./ Government such third real properly lb other projects when the re- party is otbervnee stipple under existing 1. pats attachment preecrtbss uniform elplent determines that the property V Do rtetuto; duct reservation shall be subject to •tandvds goverarng manti meat of prop- longer Deeded for the purpose of tbt original the foUowthg nandards. arty fura.ubed by the Federal Oovernment or pto)ect Om is other projects stall be limited (1) The property shell be approprlbtety wboae curt was charged to a project sup- to those under other federally rponsored prof- Identified la the grant or other a et:Dent ported Dy•Federal raga or Other sereetneat. 'eta (le.rants or other agreements) or pro- or otherwta Dade terms to the recipient federal kponsortng agencies shall require re- grams that have purports consistent with la welting. Colgate to observe those standards under those authorised for support by the fedaaral (I) Me Federal •ponsering ageory abel) grants sod other egreemenu sod Abell Dot t+poruaring *gusty. {tut dlspoifueo tnatruchona within Lx til- lmpw edditlonal requirements umleee epe- a %lien the rid/ property le Do longer ands: days eftr the and of the Peden: sup- eig a ly requted by hderaJ law The teript. needed se provided le I and b above, the port of the project for trb,cb fit was acquired eat may use Its own property ma:.agement recipient shell request dispels:Lion tnstrlae- If the Pwderal spooaorirg agency fella to!ante ILndards and procedures prodded it observes Uor,i from the Pwderal sponsoring agency or copootion lastruetlans within the Ix ml- the prortuioba O! this •ttacbmrat This et- Its Successor Federal sponsoring agency The ender day period. the recipient abal) apply tcbmeft also applies to subruclpivots a• hderal spoasorfag agency shall observe the the standards of subparagraphs lib and Sc referred tom parsgrapb g at the book err- following ruts la the diapositton lastrtu- as appropriate. Suter. - bons: ()Il lichen the Federal tepnte. the agency son•I The follewing ttenhltbmi apply for the (1) The rec.iytett may be permitted to re- a:erciee its right to gate One. the ptrvonal purpose of this ettaehmett: talc title after 1t eomyeaaatas the Modena properry shell be rubject b the prov,roaa a. leaf property—Real property meths Government in so amount computed by up- for federaliyowned Wan ezpetdShI. property Lad, tae)udlag Lad improvements, its-ut- plytag the reeler%) percentage of partltlps- Illacused iD peragrayb 4. above. tures and sppur+.neaces thereto. but ex- Lon in the cost of the *Mr cal project to Use (4) irises title is trecaterred either to the eluding movable maci.ihtry and equipment. fair market value of the property. Federal Government or to • thId party the b. fereowal property_persona; property (3) The recipient may be directed to soft provisions of rubpuragreph Etc(3)(h) ahould of boy kind except tea) property It may be the property under g idelloes prodded by be followed. tangible—ha•Lag phya:cal esJL&bce or totem- the Federal rponaoring •gemey and pay the b Vet of piker tswq(ble soe►expe sdable tidie..-hAving no physical esiitence, such es Peleral Government so smount computed pro)xrty for •Agee the re.-tpterit Ras nth patents. taventioaa and ovpyrlgbte. by applying the fsrdersJ percentage of par- (I) Tee recipient Milan ttee the property e lro"aryradeb:e persona:property—Non- Ucipstiot Us the tort of the original project is the project or program for which it was impend/able personal property meats tangible to the proceeds from We (atter deducting acquired as Wong es needed. whether Q cot pereobal property having a useful tits of lotus./ end reasonable anima and fin-up •i- the project or progmeo moo tioueo to be •up- more than one year aid ♦ri ecqul1Jildt Met peasee. U nay, from the Sales prveeeds)• ported by federel funds. Wbe.o no looter of OM or more per ualt Etcapyt that nolo- Wben the recipient la authortsed or required needed for the anginal project es program. Setts subject to Cost Accounting Standards to eel/ the property. proper sales procedures the recipient abal) use the property to coo- board regylations may use the CASS stand- shall be establi hed that provide foe onmpeti- neeUon with Its other federally sponsored and of 0500 per unit and useful lite of two too to the extent practicable and rerun Is. *curium to the following order of priority. Tease A recipient may use its own definition the highest po t:Die return. (•) Activates, Is the following Qrder Of of noaeependable personal property provided (3) The recipient mac be directed to trams- priority: that the definition would it least Include all fur title to the property to the federal Gov- (hi Activities sponsored by the borne Ted.- tangible pr.-eons:property as defined oboes. ernraent provided that In such cams the oral agency. d.Lepen.dabis pe-tonal property—Impend- recipient than be enutied to mmpenAatlon (3) Shared is.--During the time that able penoo& property refers to all tangible cornputed by applying the recipient's parr- aoneseatpt mooeepetdible Forgone: proper- personal property other than nonupead►ble tentage of participation la the met of the ty b held for use oD the project or program property. program or project to the current fair market for which It was enquired. the recipient e races property—Fxn s property meths value of the property. ahe.11 make it armleble for use on other pro)- pvoperty wader the control of any federal 4 rtdnaly-o cncd uowu_-perishls pr o:meal eras or programs U suet other use will sort agency that, es determined by the bead property—TIUe to federatllcwte.d property interfere with the work tm the project ce thereof, b no longer required for ite needs remains vested In the federal Government program for which the property was angl- er the QLrba.rge of its reapooslbilities )Recipients abtil submit annually as !oven- belly awqulreel Tint preference for such f. Acquisition cost of purchased wear. dry listing of federally-owned property In other use anal/ be given to other pro)e to or ptr+tdebie persona:property—Acquisition cost their custody to the Federal spona ring programs sponsored by the Federal agency of as item of purchased nonerpendable per- agency Open completion of the egreemett that financed the property. •.Dodd prefer- b r-l) property means the net teotm wait or when the property Is so longer needed, •nee ansll be given to projects or programs prior of the property locluding the met of the recipient aha)) report the property to sponsored by ether Federal agencies If the .odlOntlons. •ttecbrrtents. •raasotls, or the hderal sponsoring agency los further property Is owned by the Federal Govern- 5ItiUiere ipgaritua oecuaaary to mete the agency utl)tssttoa. went, ube o0 other activitlie not sponsored properly usable for the purpose for which It 1.1 the Federal sponsoring agency hes no by the Federal Government shall be per- so enquired Otter cbarfes such es the met further Deed for the property. 1t naafi be miuib)e If authorised by the Federal agency. of tAatallatun trataportatiot. twee duty declared times and reported to the General User charge should be considered If sppro- er protective In-transit Insurance Mall be Services AdrDlhtetrtion Appropriate distend- octets. tDduded or excluded from Use unit inquiet- tint inetrajctioas will be leaved to the re- e. Dvparttime Of ether saowerpewdebls Clot met In accordance with the reclpleatt cipient alter completion or the Federal peoprriy—When the recipient ao longer regular ac:outuag pretties@ agency review. needs the property se provided to gb above, g. lzsmpf p o e'ty-- tempt property I (rernyt property—When statutory au- the property may be used for other srtivt- mearJ tang'bI,persons; property acquired lb thorny exists. (es, P L g5-034, 43 VAC ties In accordance with the following stead- whole or la pert with Federal funds end 11P2) title to nonespetdable persons: prop- arch: t itle to which b rested In the recipient with• arty acquired with project funds, shall be (I) lronesprridebte property trick • self out further ob':gstion to the FederalGovern- vested In the recipient upon atguiaJUot ten- ucqutsiisee cost of less thee $1,000—The re- merit sleep: Y provoded In subparagrspb Os iess It Is determined that to do so Is Dot In cipient may use the property for other activt• blow Surb unconditional vesttog of title furtherance of the objectives of the Federal ties without retrtburaemrent to the P derel will be pursuant to any hdersl legislation sponsoring agency When title Is vested to Or•ernment Or sell the property aid re- Mac provides the Federal sponsoring ageocy the recipient. the recipient shall bane no Wls the proer•ed& with adequate authority. other obligation or accountability to the (2) Nonesprndeble persona: property with 11 Real propr-sy—Each Federal apor•o►ing Feder,, Oonernetent for its use or diapoan- a self •rQuuittoe volt of $i.O00 a wane— agency shall preecribe requirements for re- ton e-cept es provided to Ile below. The recipient may retain the property for eipfents conurninf the use and disposition d Otl.n eceespeedable property—When other uses provided that compensation Is of reel property acquired partly or wholly otter toneipendabie tangible personal prop- made to the original Federal sponsoring Order gents or other agre•meate Unless erty Le squired by a recipient with project agency or Ite successor The •mount of corn- othe-rue provided by statute such require- funds. title shall not be taken by the Fed- pensation snail be computed Dy sop•yuli earn a. Y • minimum. ibis)) contain the era, OOrernmeot but snail vest In the re- the percentage of Federal participation to following cipient subject to the following eond.uons the cost of the original project or program to a Title to real property srtill vest to the • RtWrit to transfer title—For Items of the current fair market value of the property recipient subject to the condition that the nonespendiNe pertengl property having • If the recipient has no need for the property rrclp'.ent seal: ute the reel property Tor the unit acquisition Cost of 111,000 or moot, the and the property has further use value the author:ed purpose of the project,as long es Ledera' sponsoring agency maj reserve the recipient shall request disposition Instruc- t,.Is needeC right to tra.n fer the title to the federal Uoru from Use original aporuorlag agency ,E0tiAL tfOISTER, VOL 41. NO. ist—JtIDAT, JULY 30, 1 7e —20— 33036 NOTICES !br Federal sponsoring stoney sill deter- donsasc, or theft of The property Lay lets, trothe fells arising out of procurements • Ulna whether the property cos be used to damage, or theft of Doaeeprndable property entered tat, to support of a treat or other Wort the Wept).. requirements. It no re- shall be tavestigeted and fully documented: agreement. This Include disputes, Claims, gulrement eelrte within that agency. the If the property was Owned by the Federal protest&of sward.@curie evaluatloa or other avallabillty of the property Shall be reps-t- Government,the recipient shall promptly be- Matter,of a contractual nature Wafters con- ed te the Olenerol forvies Administration Iffy the Federal sponsoring agency ♦de ra.rrternlmg veolauoo at tea are to be refer,.d to by the Federal agenry to determine whether a (I) Petterecormort matntasmee procedures fuel: local,Mao or Federal authority a may erguirsroent for the property exists is other shall be lmplealented to keep the property have proper furtedicuon. Federal agencies The Federal sponsoring la good condition. I itucipfehts may ugh their owe prootrn- sgene7•Ann tsue Inetrueudaa to the recipe• (I) Whirrs the recipient b sutbortaed or silent;Wide send procedures >towever,a17 n- eat DO later than IX days after the recipt• required to sell the property, proper eves tipieats shall odium to the standards act 1st'@ requst sod the following procedures procedures @ball be ssteblutiea which would forth it paragraphs It and•. Mall goers: provide for rompetltloa to the errant praett- a. The recipient &ball maintain, a tads or (a) If so instructed or tt-disposition In,- cable sod result to the le gbeet possible re- Maderds of soothed that gh&ll torero the el yellow) are not )sued witbto 170 ratio- two. performance of tr odious, s employe &r daft afar der da the napleatS Moot. the 7. trpewdable persowaf property—Teti• to agents sngagad is the awarding tad Mosta- roeipleat shall ell Um property and rum- erpendabte personal property shall vest >a betr•Uoa of contrecta using Federal funds • ►urse the Peelers! sponaoring ngene7 an the recipient upon sequbltlms If there is a Po employee.ofcer or&gent shall participate amount computed by ►pplytng to the sales residua./Inventory of such property etoseding la the elecuob. &word or administration of proceeds the perantat, of Federal particl- g1.000 fa total aggregate felr market value. I contract in which Pedtral funds ere used. • Potion lb the emit of the or►glnal project er upon terminstlon or completion of the grant where,to hte knowledge,be or his tmmedlate program Iovever, the recipient than be or other ar eeoient. Lad the property b Pot tamely,partner,,or orgar.istlea is which be . i permitted to deduet end"tale from the Fed- needed for any other federally sponsored or Ms tmenediste family or partner has a era &part t100 or tea percent of the pro- project or program,the recipient!hall retain Ilneactal tourist or with •hero be Is .ego- coeds.whicbenr s grater,for the r ciplentla toe property for use oa aonfeeerenly spots.• tteting or has say arraagemeat concerning soiling and bsndling septum. pond ►ctivitis.or ell It, but must la tithe prospective employment. The ructpleats' of- (b) Lf the raclplent b Outmode/Id to ship ease. compeaa&ts the Federal Oovertmeat den,employees or agents s all Dettber solie- he property elsewhere, the recipient shall for its &bars. The amount of compensation It nor accept gratuities, favors or anything be "lmbursad by the benefluag Federal shall be computed in the mime manner se of monetary value from contractors or pout- , Sfency with an amount which Is computed lsonexpendable personal property. teal centrsetere Such etandv4s shall revia. by applying the percentage of the recipient's p P S. leiswPtDtt Frope+q. foe ducipllnary actions to be applied for VW- partictp•tleo to the met of the original grant a,taornrio•1te sad peiteets—I,t shy program lotions Of rueb standards by the recipients' project or program to the current fair market produces patentable Items, patent rights caters employes or agents. Value of the property. plus Ley reasonable procrsee, or taveatlons. Is the murms of b. All procurement tr►nsacUons 'hall be ehlpping or faterlm etorsge Beats tacurpd, work sponaored by the Federal Oovernmtbt, eoaducted In • manner to provide. to the (e) It the recipient Is Instructed to other- such feet shall be promptly sod fully report- maximum extent practical. open and tree via• dlepoe of the property, the recipient wet to the TVdtra! sponsoring agency Vales eompetitioa The recipient should be alert th►fl be "1aibwrsed by the Peeleral sQoasor- then Ss a prior streetnent between the re- to orgeatsatton►1 conflict&of iatrrest or nm- tar agency for such taste lammed In its ciplent and the Teder►l sponsoring 'teary sompetlC•e p.-eeucea wrong oontrseto s diposlUoa. on dupcsltioa of such !tree, the Federal that may ,.strict or ellmlaaw onrmpetiteoa d iroperfy PL.gw&/rmeesf standards /p sponsoring agency Shall determine whether or other-mat revue trade In order t am- aowerpradable preprriy—The recipient's protecttoa on the tavention or discovery&hall sure objective contractor perfortsaaos sad property msoa4ement ►tand&rda for 110ae1- be sought The Federal sponsoring agency eltminste unfair competutve adventate.ma- pleadable persen►1 property shall Include the will also determine bow the rights In the In• tractor that develop or draft yctSosUons, fallowing procedural requirements: eentloa or dlacovery_lneluding rights under requlrwmenu, etatrmea` of wort. taeta- (I) Property records shall be Mtatatelned any pstent tamed there.—ehall be allocated thong for bids and'or roguee4 for proposals &reunite!,and&ball!Delude sod adrnlalstertd is order to protect the pub- Mould be secluded from competing for such (a) A description of the property. Ile Interest eonststeat with 'Government procuremente Awards "nail be made to the (b) Nanuf&etwer'e aerial Dumber, model Patent Policy" (Prraldeat's Nrmorsodum bidder1otyere oboes bid/offer Is remoaalvle • •cumber, Tedtr•1 stock number. national hot Beads of Decutive De pa.rtisuats and to the solicitation Lad is most sel•a.:'agseas Mock number, or other identification mum- Agencies. August tl, 1971, and statement of to the recipient,price Lad other facto"coo- Mr. e) logos' W the Government Patent Policy as printed In IA sidersd Sollcltattons shall clearly set Earth leant o►other property. lneluding PJt mud). all requirements that the bidder'offeror moat ag erneat number. fill' (el Whether title mete is the recipient e► b Como-leafs t the t rm..iee td a etbtrwt@s pro- fulfill D order for t yendr to l eoalu- the Tedera Oov pom.Pt p wide!! !b terms end oondlttona of the aced by the r•clpleat Amy and all bide'offers ageement,the author or the recipient omit- way be rejected ohs!! It le In the recipient's lee) Acquisition sett (or date received, If !nation Is free to copyright any books. pub- Interest to do so. the property eau furnished by the Federal ilcationa, or other eopyrigbeeta recta"'table materials e All recipients shell bilab ectare- Ooverament) ►bd amt. developed !b the course of or under a Fed- wont procedures that provide for. at a mla- jye(1)) P Federal te (it the end of paru pound In the budget eel agreement, but the Federal sponsoring !mum.to following proceehesl requirements tiu projec prtiertic for whI th the cost of 1Keney •hill reserve a royalty-free, papas, (1) Proposed procurement actions shell or,; mill ocquired (Not applicable to prop_ elusive and irrevocable right to reproduce, follow a procedure toassureth assure e avoteLaw sty furnished by the Federal Oovlernment 1 publish, or otherwise use and to authorise of purchaung unnecaar1 or duplicative lg I Location, use and eonditlon of the R "ho to use,the work for Government pus- Items here appropriate, an analysis .pall property and the date the Information wasear' he made of new and Girth., alteraatl•s reported. Arraestrtxt 0—C e'vt a SIo.A-110 • deurmint wbcalinh would raOeent klie most (b) Trott erqulattfon ecat. oonomical, practi prortuv (I) Mtn:nett dupoaltlon date, tneluding nocrotteltert Ranosale (Itl bpbase eons for goofs sae ervtee date of disposal and salts price or the method 3.This attachment provide standards for shsI7 bt CaaeE upon • clear and -•curet. used to determine current fair market value use by recipients In establishing procedures Qeete er the or arsic cto be where a recipient compenaats the Federal for the procurement of supplies. fee Use Mr Such product or @hail to be Sponsoring D DP equipment. procured Such a description shall sot, to Spo ng agency for Its shah construction end other services with Federal e'rrmpttti•e procureciar:ta, contain features (31 Property owned by the Federal Oov- funds These standards are furotahed to so- which unduly restrict competition "Ilrsnd Moment must be marked to lsdlcsta Ted- sure that such msterlais and carries•an oh- .ante equal" descriptions may be used oral ownership tanned In an effective manner and in rem- as e means to swine the periorlr.anee or (I) A physical inventory of property shall pliance with the provuloas of applicable Ted)) other sa`ient requirements Of a procurement be taken slid the reuls reopened with the Bret Ise and metals/ orders No edditloasi and alien so used the specifc features of the property records at least one. Beery two procurement standards or requirtmeate eh1111 named hmnd which,must be met by bidders; year! Any differences betseen quantltlet de- be Imposed by the Federal sponsoring ages• otferDrs atoll be clearly scrotal termined by the physical Inspection Lod elm upon recipients unime specifically re- let Positive efforts shall be made by the those shown in the accounting records stall quired b) Perive statute or executive orders recipients to utilise smolt busiaeu and lel- be tneeetlgs4d to "'MI"' the causes of t The standard. contained In, this attach' nority-oaned business sources of supolie' Vie dllferer ee TAe recipient shall.In eoonec- :rent do not relieve the recipient of the eon- and ser►icee ouch effort should slice these teen with the In•eDtry,verify the telttence. ttactual responsibilities arising under its sources the oasimuo feasible opportualty Current utilisation, end eontimued need for contrary The recipient u the responsible au- to compete for roatraeta utilttiog Federal the property. thority.without recourse to the Federal epos- roods (4) A control system shall be In effect to aorfrg agency regarding the settlement and (ei TTie type of procuring imitru.Oenm leisure adequate safeguards to prevent thee, satlafaetloa of all motractusl and adminls- used, e g, died price ooatra:ts. cast retm- /UDltAL t/GISTtt, VOL I1, NO 111—ltiDAy', 1ULY S0, 1176 —21'— NOTICES 32037 bureb u the contracts, purvbe orders, tacen- cont co act at be to t�a mioad ter ddastlt giant (>r Art rt I). Ceder emotion 303 •Yore COO traeta. shall be determlaed by the as well ea condiUpea abere the contract may of the Act, ascb contractor atoll to ra- e recipient but must be appropriate for the be term!totted bro sae d otcuenst,aone be- gulped to compute the wages of entry me- particular procurameat sad for promoting pond the control of ibe contractor. ehoodt the best Interest of the protract involved a Ice all coot ecta for esenstru eect sr ye- wort day dat laborer oon and a rtoodard work The 'coat-PIu -I-Armentate-OfC t" mouth- entity Ippro.erne ot a o r6ed for more than weak of 40 boors tort la pe t><c of the OQ of contracting th►1l not be wool. It00,tt00, roclpttnts shall angry the toad- ttandar4 wort day ore!bpe wortwarmlardDie (!) (?ontraria abal be mode roily with Irk- tug moue primited to Atoanneuenl y provided that the worker b tom *visible contractors who posses the ps the d at a Po- b testa rlreutar. rote of trot fists than 1� toms the basic teational ability to perform ruooastully d All contracts awarded by rwdplents wad rats d pap for all hours warted In sou under the tercets and condluoas of a pro- thou. coatrscsora or suegraztaea winos a of I hours to any calendar day es /0 bows Poled procurement Ooamfderatloo shall be .slue of more than 1t10,000. shell contain a lb the wort von bertUon 107 ef the Act le given so truth matters or connector tnteg'r'Ity, provieloe r,Quirtog reeaptteoce with hero• appliorhle to ooaatrucUon wort sod provides record elf put performance. 1aaaaal sad P techtJeeJ reaourcet or socea./Inlay b other Yore Order f3oit, entitled a dail by llci U,,oy- that so laborerro nsdinois t shalt er wort/log o ./log arroma+ry resources. sent Oppwrivalq,^as ameDdeC Dy.>eeuuve to wort La surroundiup or under wavttug (I All pr?Dosed sole source contracts tar swot 11175,and amrupplemeotsd to Depart- conditions which are unsanitary, hazardous ta b received sr Libor regulations (11 CPR,Part Ici. or daoteeous to kb beaitb acid sekty am be- • where only one Did or prosoea to whits the b./recite expenditure is s. I Alt contrsrts and eubgreDh In exurs of tominrd ruttiermaatruetioo safety and ported to fumed IS,000 'ball be subject b 13,t100 for oonstrvctIo or Rpetr awarded byher►)Lh rlandardm PTe� 07 the sacs. pricy approval at the duaeuoa of me pod- recipients and rubrecIpteora 'ball Include a tan elf Libor. 'Mae raqutrsm ate do Sot vs: opeasorfag agency. provision for compliance with the Oopelaad apply b tee putrcrtaas of'unties or meate- (7) Same form of price or oar. analytL ^Aatt•Le1 sack" Act (III D. C. ON) es MOor � ordlnartly Snitsble or the should be made In connection with every ,uppl rose olad to Deportment of Lobar ropes market or bon b V atrse for aaspc U rtaes procurement ',tire Prue arm:ye tm may be rot u l e t to ns (siCM,C , Tart 1). ThisAct pea- we teanaeLral on or fay We.nos boo ompl tat*CI In ear to to ways, I not udirig the alder that lamb m trs act aa au b Con tracts or ag4ee men ts, the prinetpal ooctparseoa of price quotations rubmitud, shall be prohibited from tndueiog, by say Purpc=of which b to create,develop atfm- motet prizes and similar tadicla, together mearu,soy person employed In the coartrue Prove probueta, iwc""wior metbadm, or for with diounts Cent a talys1i Is the review Uoa,completion.,or repati of public wars,b inplorauoa Coto fa)d' that d r.ctiy cooeQa az sod evaltmUoa of sdch elsraeat of out to glee up am part of the cot, penau b public hearth,safety or welfore, or contracts deterrains ressonablet:es, &liocability and which be b ether-vise eatIUed The reexplent b the Dell of ocleaoe or torhrole17 to which allowahUfty shall report all suspected or ripo now,.ola- them has been little sigatltsnt erp.rlena(1) Trorrrece eat reecrrdr nerd Lis for our. tloaa to the Tederal apon u ecrtng agep• Wtatde of wort funded by Psdent sestet- chums in crow. of 410,000 shall Include the f. When required by the Pederal worths .Saar.shall avataia a Sotlor to the effect that following lettsl►tbn, all construction contracts marten ^rTaralug pubis to mesa"os and (a) ears for oontrs,ctor aelect1m: awarded by the nGpleots and subreclplenY materials generated under the mntraet at (►) Justification for lack of competition of more than wowawl 1Dclude a provbaba agT.ement are rub ect to the regulations le- when cdcrpeuuve bids or offers sure Sot for compliance with the Darla-Macon Act (10 rued by the Peden) eponaoriaj agency sad ottrtaload, e•C, rile to a-7) and as supplemented ►7 the r cipient Tba cootrsctor 'ball be ad- (t) haste for award at or price Deportment of Labor regulationo (ra CPII alseiQ u to the source of addltbnal lalorma- co (1) A art torn for contract admitistratton Part t) tinder this Act cot tractors shall he .set rgsrdtog these matters. Mail be maictalneel b rianrre contractor required to pay w>;n to laborers and mete- 1 AU o dinged On..„..- a 17,e—pt theta. cosforn ance with tercets conditions and chanlea at a rate riot leu than the minim» d I10 000 v is) sasrded by recipleats apecl0cation' of the eontrset and to ensure wader epecited In a wage determination made d� Include a Seee'faIoo to the el.ct that adequate and timely ioallovup d all pur- by the Secretary of Libor In addition. con- the rsctplent, the Pederal apoaaortag agency. chasm tractors abell be required to pay wags tot the Comptroller°enera:of the Dotted Sits, 1 The redolent them Include In sdditloa less then epee a week The recipient shall v any of Obeli' duly suthortsad reprsseate- b provisions to&line a sound and complete piece a copy of the cureeot peeesulog wags Uvs. Shall have acts to any boats. doe s- • gr aeement. the tollowlrtl provialorw In all determtsaUon Issued by the Department el mints. papers end records of the eaootractor Cottracta These provisions shall also be cep- Labor in each iollcltatbn and the sward which �du,etiy pertinent to a speelLc pro- pliad to suboo:Aroma of a ooatrsct shall be conditioned upon the ....swill" .m for the purpee. of mating audlte. a. Coatrscte In excess of 1110,000 shall con- arceptaaoe of the wage detcrvttnatlon The raamtn.tlona,esorpte sod usaac 1ptlohe tat cot trot tom l provtsbn' or coadfucos recipient shall report all suspected Ezra; J. Contracts and subtraata of amounts la that will allos for choirs traUve, oported coon violations to the Peelers] trees of /10D.000 shall contain a provision Dual or legal named. In tnstonces Is which ovary. contractors mouton the recipient to eft foe to cow- fuel violate or bread ant Viet terms, g R-bere applicable, all contracts awarded Ply with all applicable standards. orders or sad provide for rush reriedlal actions as by recipients In excess of 12.000 for construe- eegvLUon' covets pursuant to the Clear All May be appropriate. Own contracts sad In exea" of 12100 for Act of 1/70 (A7 VA C 1157 et seq ) and the b Al! contracts to excess of /10 Doo shall other contracts that Involve the employment Pederal Wabr Pollution Control Act (11 contain suitable proebioru for terrnln►tloa Of mechanics of laborers.shall Include a pro- VA C 1251 et etc) w' amended Violations by the recipient including the manner by vision for toaiptlaaee with sections 103 and shall be reported to the Federal rpon.orint which tertrunation will be erected and the 101 of the Contract Wort Hours and Salety sod the Itettonal Ofilos of the IDt- beats for seittlarroat 7n add 1ttoa tuoh cop- standards Act (40 DA C 177-230) as rap- vtror nrstal Protection Aviary.tryst. shall elewcrlbe conditions under which pleenented by Department of Lobar tsgula- (Pit Ylne 71-211104 Poled 7-$9-71.S-45 am) HDItAI INGISTit, VOL 41, NO. 141-.sIDA7• JURY 10, 1,TA it a oov Dora con worry=Orrin:ens 0-xis••er+ -2 2- to:•mro EXHIBIT E f'' Handbook 1300.20 1111111, • ; U.S.Department of Housing and Urban Development a, DEVEl Office of Community Planning and Development Program Participants and Departmental Staff Cost Principles for Nonprofit Organizations ( A Reprint of Office of Management and Budget Circular A-122 ) CFFO: Distribution:W-3-1,R-1,R-5-1,(Special) 1300. 20 1-1 . ALLOWABLE COSTS. Generally, costs must be necessary, reasonable and directly related to the grant. In addition, they must be legal, proper and consistent with the policies that govern the grantee' s other expenditures. Any credits such as purchase discounts, rebates and allowances, adjustments of over payments must be deducted from total costs. In some instances, amounts received from the Federal Government to finance organizational activities or service operations should also be treated as applicable credits. 1-2. COMPOSITION OF COSTS. a. Costs applicable to a grant program may be direct or indirect. There are no strict guidelines for classifying costs as direct or indirect. In most cases, the accounting system used by the recipient will specify which types of costs are direct and which are indirect. The important thing is that grantees treat costs consistently for all grant programs . b. Direct costs should be identified specifically with a particular grant. Typical examples are employee compensation, materials, equipment, and services furnished in connection with the specific grant. c. Indirect costs are those incurred for common or joint objectives that benefit more than one activity or cost objective. Typical examples are depreciation or use allowances on buildings and equipment, the costs of operating and maintaining facilities, and general administration and general expenses, such as the salaries and expenses of executive officers, personnel administration, and accounting. Indirect costs should be allocated in a manner which will result in the grant program bearing its fair share of total indirect cost. To do this, a grantee must develop an indirect cost rate. This rate, expressed in percentage terms , is applied direct costs in order to determine the amount of reimbursement a grantee can obtain for indirect costs. A predetermined rate may be negotiated for use in awards where there is reasonable assurance that the rate is not likely to exceed a rate based on the organization' s actual costs. -1- 1300. 20 1-3. COGNIZANT AGENCY. a. Unless different arrangements are agreed to by the agencies concerned, the Federal agency with the largest dollar value of awards will be desig- nated as the cognizant agency for the negotiation and approval of indirect cost rates. After a rate has been agreed upon, it will be accepted by all Federal agencies. 1-4. INDIRECT COST PROPOSALS. a. In order to recover indirect costs, the grantee must have an indirect cost proposal, which is the documentation prepared by an organization to substantiate its claim for the reimbursement of indirect costs. The proposal should describe the services provided and explain their relevance to the grant programs ; list the expenses to be charged to grant programs; and explain the method used to distribute the costs. b. A nonprofit organization which has not previously established an indirect cost rate with a Federal agency is required to submit its initial cost proposal to the cognizant agency as soon as possible after an award is made. Organizations that have previously established indirect cost rates must submit a new indirect cost proposal to the cognizant agency within 6 months after the close of each fiscal year. 1-5. MAJOR SUBSTANTIVE AREAS COVERED BY THE CIRCULAR. a. Clarifies nonprofit organizations not covered by the circular. b. Permits Federal agencies to request exemptions from the circular. c. Establishes procedures for negotiation and approval of indirect cost rates. -2- 1300 . 20 d. Permits Federal agencies to accept a substitute system for documenting personnel costs through means other than personnel activity reports. e. Clarifies provisions covering the allowability of costs for unemployment compensation of workmen' s compensation and costs of insurance polices on the lives of trustees, officers or other employees. f. Makes allowable any increased costs of pension plans caused by delayed funding. g. Clarifies the value of donated services used in the performance of a direct cost activity. h. Establishes a new definition of capital equipment cost $500, useful life or more than two years. i. Permits organizational costs to be allowed when approved by awarding agency in writing. j. Allows Public Information Service Costs as direct costs with awarding agency approval. k. Clarifies rental costs. 1. Deletes the travel cost requirement for prior approval for domestic costs. 1-6. EXCEPTIONS. OMB may grant exceptions. However, in the interest of achieving maximum uniformity, exceptions will be permitted only in highly unusual circumstances. Attachment A: OMB Circular A-122 Cost Principles for Non-Profit Organizations. -3- I1300. 20 Tuesday July •, 1980 t- $ el alli 4 11 Part I I I A Office of Managemen t and Budget Circular A-122, "Cost Principles for Nonprofit Organizations" 46022 Federal Register / Vol. 45, No. 132 / Tuesday, July 8, 1980 / Notices OFPCE OF MANAGEMENT AND public comments.The more significant cognizant agency and the recipient to BUDGET changes to the basic Circular and negotiate when there is no basis for Attachment A include: determining the fair market value of the Circular A-122,"Cost Principles for 1. Paragraph 2. "Supersession"was services rendered, and to permit indirect Nonprofit Organizations" added to the basic Circular to make it costs allocated to donated services to be AGENCY Office of Management and clear that Ail Circular supersedes cost charged to an agreement or used to meet Budget principles'(esued by individual agencies. cost sharing or matching requirements. ACTWst Final Policy. 2.Paragraph 4 of the basic Circular 4.Paragraph 31,Equipment and Other has been amended to make it dear that Capital Expenditures,was changed. • the absence of an advance agreement on Capital equipment is now defined as sVYMARY This notice advises of a new any element of cost wW not in itself having an acquisition cost of S500 and a OMB Circular dealing with principles for affect the reasonableness of allocability useful life of more than two years. determining costs of grants,contracts, of that element Also,this paragraph 5.Paragraph 28,Meetings, and other agreements with nonprofit was amended to make it dear that Canferences. The prior approval where an item of cost requiring prior requirement for chargingmeetings and organizations. approval is specified bathe budget g The Circular is the product of an PP P dgeti conferences as a direct cost was interagency review conducted over a approval of the budget constitutes deleted.A sentence was added to make two-year period.Its purpose is to approval of the cost. it clear such costs were allowable provide a set of cost principles to 3.Paragraph 5 of the basic Circular provided they meet the criterion for the replace existing principles issued by has been changed to remove any doubt allowability of cost shown in individual agencies.These have often as to which nonprofit organizations Attachment A. would not be covered by the Circular. contained varying and conflicting Now,Appendix C to the Circular lists all A Paragraph 27,Organization Casts, requirements,and created confusionwas amended to provide that exclusioru. among agency administrators,auditors, 4.Paragraph 8 was added to the basic organization costs may be allowable and nonprofit officials.The new Circular Circular to permit Federal agencies to when approved in writing by the will provide a uniform approach to theawarding agency. roblem of determ request exceptions from the P ig costs,and 7.Paragraph 30,Page Charges in romote efficiencyand better requirements of the Circular. P 5.Paragraph E 2.was added to Professional Journals, was revised to understanding between recipients and Attachment A to cover the negotiation provide that page charges may be the Federal Government and approval of indirect cost rates,and allowable. EFFECTIVE DATE:The Circular becomes 8. Paragraph 37,Public Information to provide for coo�lizance arrangements. effective on issuance. The more significant changes to Service Costs, was modified to make FOR FURTHER INFORMATION CONTACT: Attachment B to the Circular include: public information costs allowable as Palmer A.Marcantonio,Financial 1.Paragraph 5,Compensation for direct costs with awarding agency Management Branch,Office of Personal Services, was modified to: approval. Management and Budget,Washington, a.Permit Federal agencies to accept a 9.Paragraph 43,Rental Costs, was D.C.20503,(202)395-4773. substitute system for document rewritten to: IUPPLFMENTARY INFORMATIOIC Before personnel costs through means other a.Make it clear that rental costs the Circular became final there was than personnel activity reports. under leases which create a material extensive coordination with the affected b.Clarify provisions covering the equity on the leased property are nonprofit organizations,professional allowability of coats for unemploymeet allowable only to the amount that the associations,Federal agencies and compensation or workmen's organization would have been allowed others.All interested persons were compensation. and costs of insurance had they purchased the property;e.g„ given an opportunity to comment on the policies on the lives of trustees,officers. depreciation or use allowances, proposed Circular through informal or other employees. maintenance,taxes,insurance,etc. consultations and a notice in the Federal c.Make unallowable any increased b.Clarify the criteria for material Register.In response to our requests for costs of pension plans caused by equity leases. comment,we received about 100 letters delayed funding. 10.Paragraph 51, Trovel Costs, was from Federal agencies,nonprofit d.Delete a paragraph dealing with amended to delete the prior approval organizations,associations,and other review and approval of compensation of requirement for domestic travel.In Interested members of the public.These individual employees. addition to the above,a number of comments «ere considered in the final 2,Paragraph 8,Contingengies was editorial changes were made to the version of the Circular.There follows a changed to make it clear that the terse original document. summary of the major comments and the "contingency reserves"excludes self- Suggested Changer Not Considered action tal.en on each. insurance reserves or pension funds. In addition to the changes described, 3.Paragraph 10 was modified le Necessary' other changes have been made to provide that the value of donated Comment Several respondents -Improve the clarity and readability of services used in the performance of a questioned the provision that,for"less the Circular.To the extent possible,we direct cost activity shall be allocated a the n arm's length"leases,rental costs have tried to make the language of this share of indirect cost only when(a)the are allowable only up to the amount that Circularconsistent with that of cost aggregate value of the service is would be allowed had title to the principles for educational institutions material,(b)the services are supported property been vested in the grantee (Circular A-21),and State and local by a significant amount of the indirect cxyenization.In their opinion this rule governments(Circular 74-4). cost incurred by the organization,and will rest in unnecessary cost to the Summary of Significant Changes (c)the direct cost activity is not pursued Federal Government,since it would primarily for the benefit of the Federal encourage an organization to lease Set forth are changes that have been Government Provisions were also space on the commercial market at made in the final Circular as a result of added to this paragraph for the higher rate. -1- Federal Register I Vol. 45, No. 132 f Tuesday, ?lily 8. 1980 I Notices 48023 Response.The cost principles are employer relationship in the individual agencies for nonprofit designed to cover most situations: arrangements for this assistance,nor are organization. however, there are always exceptions there committee members normally 3.Applicability.a.These principles that must be considered on a case-by- reimbursed for such services.Further,it shall be used by all Federal agencies in case basis.The Circular contains a was pointed out the committee members determining the costs of work performed provision for Federal agencies to request spend many thousands of hours outside by nonprofit organizations under grants, exceptions. the organization's premises conducting cooperative agreements.cost Comment Several respondents research. reimbursement contracts,and other questioned why interest is not an Response.It would appear that this contracts In which costs are used in allowable cost,since it is an ordinary type of committee arrangement would pricing.administration.or settlement and necessary cost of doing business. not be considered in the determination All of these Instruments are hereafter Response. It has been a longstanding of the organization's indirect cost rate referred to as awards.The principles do policy not to recognize interest as a cost provided that Federal agreements do not not apply to awards under which an However,this policy has recently been bear an unreasonable share of indirect organization is not required to account revised for State and local government. - cost.However,the cognizant agency to the Government for actual costs in Circular 74-4.with respect to the cost will be responsible for evaluating the incurred. of office space.The revision provides allocation of indirect coat where there b.All cost reimbursement subawards that"rental"rates for publicly owned are committee-type arrangements on a (subgrants,subcontracts,etc.)are buildings may be based on actual costs, case-by-case basis. subject to those Federal cost principles including depreciation, interest, Comment. One respondent suggested applicable to the particular organization operation and maintenace costs,and that wherever possible the language in concerned.Thus, if a subaward is to a other allowable costs.This revision was the Federal Procurement Regulations be nonprofit organization,this Circular under consideration for some time.It shall apply;if a subaward is to a used for nonprofit organizations. was studied extensively by OMB, the commercial organization,the cost General Accounting Office and others, Response.The language in the Federal principles applicable to commercial Procurement Regulations was and considerable analysis went into Its concerns shall apply;if a subaward is to formulation.Suggestions for extending it designated primarily for commercial a college or university,Circular A-21 to nonprofit organizations would have to firms,and is not necessarily well suited shall apply,if a subaward is to a State, tbe examined with equal care.This has nonprofit o ganizations.At the local,or federally recognized Indian not yet been done,and we were suggestion of the General Accounting tribal government,Circular 74-4 shall reluctant to further delay issuance of Office, the nonprofit cost principles apply. this Circular. were written to conform as closely as 4.Definitions.a. "Nonprofit Comment.Several respondents possible to those of educational organization"means any corporation. questioned why public information costs institutions (Circular A-21),and State trust,association,cooperative,or other were not allowable as an indirect cost and local governments(Circular 74-4). organization which(1)is operated Response.Public information costs jobs J.Asa. primarily for scientific,educational, are often direct services to an Chief Financial Management Branch service,charitable,or similar purposes organization's other programs.They are in the public interest;(2)is not allowable,however,as a direct charge (Circular No.A-1221 organized primarily for profit and(3) when they are within the scope of work lune 27,low uses its net proceeds to maintain. of a particular agreement improve, and/or expand its operations. To The Heads of Executive Comment. One respondent suggested For this purpose,the term"nonprofit that smaller grantees be excluded from Departments and Establishments organization"excludes(i)colleges and complying with the Circular. Subject:Cost principles for nonprofit universities;(ii)hospitals;(Hi)State. Response.Similar rules for the 50 organizations. local, and federally recognized Indian selected items of cost would be needed 1.Purpose.This Circular establishes tribal governments;and(iv)those regardless of the size of the grantee.To Principles for determining costs of nonprofit organizations which are the extent possible,the Circular grants,contracts and other agreements excluded from coverage of this Circular provides simplified methods for smaller with nonprofit organizations.It does not in accordance with paragraph 5 below. grantees. apply to colleges and universities which b. "Prior approval"means securing Comment.One respondent said the are covered by Circular A-21;State. the awarding agency's permission in requirements of the Cost Accounting local,and federally recognized Indian advance to incur cost for those items Standards Board should be applied to tribal governments which are covered that are designated as requiring prior cover contracts with nonprofit by Circular 74-4;6r hospitals.The approval by the Circular.Generally this organizations. principles are designed to provide that permission will be in writing.Where an Response. It is unlikely that the type the Federal Government bear its fair item c'cost requiring prior approval is of grantees covered by this Circular share of costs except where restricted or specified in the budget of an award. - would have contracts large enough to be prohibited by law.The principles do not approval of the budget constitutes covered by the CASE.in the event that attempt to prescribe the extent of cost approval of that cost they do,however,the regulations of the sharing or matching on grants,contracts, 5.Exclusion of some nonprofit CASE would apply. or other agreements. However,such cost organizations.Some nonprofit Comment.One respondent said the sharing or matching shall not tte organizations,because of their size and allocation of indirect cost to donated accomplished through arbitrary, nature of operations,can be considered services would pose a tremendous limitations on individual cost elements to be similar tn-ommercial concerns for difficulty to the organization.The by Federal agencies.Provision for profit purpose of applicability of cost organization relies on a corps of or other increment above cost is outside principles.Such nonprofit organizations approximately 8.000 committee members the scope of this Circular. shall operate under Federal cost to carry out obligations in response to 2.Supersession.This Circular princ;.:es applicable to commercial Government requests.There is no supersedes cost principles issued by concerns.A listing of these -2- 48024 Federal Register / Vol. 45, No. 192 / Tuesday, July 8, 1980 / Notices organizations is contained in 3.Applicable credits clients.the public at larya.and the Attachment C.Other organizations may a.Advance understandings Government. be added from time to time. B.Direct Costs d.Significant deviations from the d Responsibilities.Agencies established practices of the organtzatlen responsible for administering programs C Indirect Coat' which may unjustifiably Increase the award that involve awards to nonprofit D.Allocation of Indirect Costa and 4 Allocable web. organization/shall implement the Determination of Indirect Cost Rates a.A cost is allocable to a particular cost provisions of this Circular.Upon 1.General objective,such as a grant.project service,or request, implementing instruction shall 2.Simplified['location method other activity.in accordance with the relative be furnished to the Office of 3.Multiple allocation base method benefits received.A cost is allocable to a Management and Budget Agencies shall 4.Direct allocation method Government award If U Is treated 5.Special indirect cost rates consistently with other costa incurred for the designate a liaison official to serve as same purpose in like circumstances and if it the agency representative on matters E Negotiation and Approval of Indirect Cost relatingto the implementation of this Rates (1)Is incurred specifically for the award. P 1.Definitions (2)Benefits both the award and other work Circular.The name and title of such .and can be distributed in reasonable representative shall be furnished to the 2.Negotiations end approval of rates proportion to the benefits received. Office of Management and Budget [Circular No.A-122] (3)1a necessary to the overall operational 3 within 0 days of the date of this Attachment A the organization.although a direct Circular. relationship to any particular cost objective 7.Attachments.The and General Principles cannot be shown. principles b.Any cost allocable to a particular award related policy guides are set forth in the A.Basic Considerations. or other cost objective under thew principles following Attachments: 1.Caerposition of total costa The total noel may not be shifted to other Federal awards to Attachment A—General Principles of an award is the sum of the allowable overcome funding deficiencies.or to avoid Attachment B—Selected Items of Cost direct end allocable indirect costa lets any restrictions imposed by law or by the terms Attachment C—Nonprofit applicable credits. of the award. Organizations Not Subject to This 2.Factors affecting allowobility of costs. 5.Applicable credits. Circular To be allowable under an award,costs must a.The term applicable credits refers to a.Requests for exceptions.The Office meet the following general criteria: those receipts,or reduction of expenditures of Management and Budget maygrant a.Be reasonable for the performance of the which operate to offset or reduce expanses g items that are allocable to awards as direct exceptions to the requirements of this award and be allocable thereto under thew or indirect costa Typical examples of such principles. Circular when permissible under transactions are purchase discounts,rebates b.Conform to any limitations or exclusions existing law.However,in the interest of or allowances,recoveries or indemnities on set forth in these principles or in the award losses,insurance» n ranfud■,and adjustments of achieving maximum uniformity, as to types or amount of coat items h To the exceptions will be permitted only in c Be consistent with polidea and overpayments or•rroneow c 'ice' unusual circumstances applyextent that such credits accruing or received highly procedures that a 1 uniformlyto both by the organization relate to allowable cost 9.Eorective Dote.The provisions of federally financed and other activities of the they shall be credited to the Government this Circular are effective immediately. organization. either as a cost reduction or cash refund as Implementation shall be phased in by d.Be accorded consistent treatment appropriate. incorporating the provisions into new a.Be determined in accordance with b.In some tnrtances,the amounts received swards made after the start of the generally accepted accounting principles. form the Federal Goverameotto&lance organization's next fiscal year.For L Not be included as a cost or used to meet organizational activities or service operations awards the new principles may coat sharing or matching requirements a!any should be treated as applicable credits. existing applied If an organization and the other federally financed program iautherthe Specifically,the concept of netting each bePP B current or a prior period credit items against related expenditures cognizant Federal agency agree.Earlier g.Be adequately documented should be applied by the organization in implementation.or a delay in . 3.Recappable costs.A cost is reasonable determing the rates or amounts to be implementation of individual provisions if,in Its nature or amount it does not exceed charged to Federal awards for services is also permitted by mutual agreement that which would be Incurred by a prudent rendered whenever the facilltie* or other between an organization and tba person under the circumstances prevailing at resource,aced in providing such service■ cognizant Federal agency the time the decision was fade to incur the have been financed directly,* whole or 10.Inquiries.Further information coots.The question of the reasonableness of in put by Federal fonds specific costs must be svotinized with concerning this Circular may be a(c)For rules covering program Income obtained by contacting the Financial particular care orn connectionratewith (i.e.,gross income earned from federally Management Branch. BudgetReview which r organizations thes preponderance eranc no their supported activities)see Attachment D of g which receive preponderance of theft Division.Office of Management and support from awards made by Federal OMB Circular A-110. Budget,Washington,D.0 20303. agencies.In determining the reasonableness • a.Advance and undarstandirtys.Under aay telephone(202)39b-4773. of a gives cost,consideration shell be given given award the reasonableness sad lames T.Mantyw,O. . tn: allocability of certain items of costs may be - Director. a.Whether the cost is of a type generally difficult to determine.This is particularly tree recognized as ordinary and necessary for the in corweetina with orgizations that recces a (Circular No.A-122] operation of the organization at the preponderance of their support from Federal Anathema(A performance of the award. agencies In older to avoideubsequsei. b.The restraints or requirements imposed disallowance or dispute based on General Pr4bdplee by such factors as generally accepted sound unreasonableness or nonallocabWty,It le Table of Contents business practices,arms length bargaining, often desirable to seek a written agreement A.Basic Considerations terms and State laws arido regulations,and with the cognizant or awarding agency t terms and conditions of the award advance of the Incurrence of special or 1.Composition of total coats a Whether the Individuals concerned acted unused costs.The absence ciao advance 2 Factors affecting allowabillty of costa with prudence in the circumstances. agreement oo any element of cost will not i• 3.Reasonable coats considering their responsibilities to the itself.affect the reaaonableneee of 4.Allocable costs organization,its members.employees.and aflocability of that elemaat. - -3- Federal Register / vol. 45, No. 132 / Tuesday, July 8, 1980 / Notices 48025 -B.Diredebafi---- --- --- - —• -- - -le like circumstances.has tisseesigomiee . where an orgarozatioo has oeuy one rasa jor I.Direct costs ire thou that can be an award as a direct casi function micaceous*a number of identified specifically with a particular final L Because of the diverse charecteriatios individual projects or.ctivitlea.and may be out objective:Le.a particular award. and amounting practise of nonprofit used where the ia+si of Federal awards to an project,Derirlee,or other direct ectfvtty of an organizations,it is not pouible to specify the orperusation is relatively small. organization.However,a cost may not be types of cost which may be classified as b.both the direct coats and the indirect esigned to en award oe e direct wet if any indirect cost in an situation-However.typical costs shall exclude capital expenditures and other cost incurred for the same purpose.ta examples of Lodirsct cost for many nonprofit unallowable costs.However.unallowable like circumstance.has been allocated to an oryanastiona may include depreciation or costs which represent activities must be award as an indirect cost Cost identified use allowances oe brtldiap and equipment,' included in the direct costa under the spar-Mostly with awards are direct cost of the the mats of opci-mtail!and maintaining conditions described in paragraph B.J.above. awards and are to be assigned directly facilities.and general administrative and c.The distribution base may be total direct t vista Cost identified specifically with other general expens such ea e salaries ad costs(excluding capital expenditures and final cost objectives of the organization are expenses us executive executive offi thce°.personnel other distorting Iteroa such as major direct costs of those cost objectives and are administra&,mh and accountinl6 suboontracte or eubgrants),direct salaries cot to be assigned to other awards directly or D.Allocation Indirect Cost end and wages.or ether base which rewdta In an °f equltablc distribution.The distribution base Wired!),• • Determination of indirect Cott Rates shall generally exclude participant import L Any direct that of a minor amount may1. Gerrend costs u drflood in paragrapi ZD of be treated u an indirect cost°for reasons a.Where a eonprolit organization►u only Attachment IL practicality where the accounting treatment one major function or where all its major d.Except where a special nte(s)is for such coatis consistently applied to all functions benefit from Its indirect costs to required in s000rdanoe with paragraph DJ fins! 00�oDjectiert approximately the same degree,the below,the indirect coat rate developed under S.The poet hcertain activities la we not allooetnoa of owl and the the above principles is applicable to all allowable a charges to Federal awards(see. �� for ex.mple fund rafting cow to paragraph oompuatioo of an indirect coat rate may be awards at the organization.If a special 21 of Attachment B).However.even though accomplished through simplified allocation rate(s)is required.appropriate modifications these costs are unallowable for purposes of Liz:gyres as described in paragraph 2 shall be made in order to develop the special computing charges to Federal awards,they ate• rate(s). oonethekaa must be treated as direct cost for b•Where en organization has several major S.Multiple allocation base method purposes of determining indirect cost rota functions which benefit from Its indirect costs a.Where an organisation's indirect costs and be allocated their share of the In varying degrees,allocation of indirect benefit its major functions in varying degrees, organisation's indirect costs If they represent costs may require the accumulation of sest3 such meta shall be accumulated into separate activities which(1)include the salaries of coats into separate cost groupings which them cost groupings..Each grouping shall then be personnel.(2)occupy spaoa.and(3)benefit are allocated individually to benefiting allocated individually to benefiting functions from the ix/anus, 's Indirect costa. functions by means of a base which best by means of a bast which best measures the L The costs of activities performed measures the relative degree of benefit The relative benefits. primarily as a service to members,clients,or indirect costs allocated to each function an b.The groupings shall be established so u the general public when significant and then distributed to individual awards and to permit the allocation of each grouping on necessary to the organization's mission must other activities included in that duoction by the basis o!benefits provided to the major be bested as direct outs when or not means of an indirect cost rate(s). functions,Each grouping should constitute a allowable and be allocated an equitable c.The determination of what constitutes an pool of avenue that are of like character In share of indirect costs.Some examples of organisation's major functions will depend on terms of the functions they benefit and to these types of activities include: Its purpose in being the types of services It terms of the allocation base which best a.Maintenance of membership rolls, ' renders to the public its clieota,and its measure the relative benefits providd to each subscriptions.,publications,and related members and the amount of effort It devotes function.The number of separate groupings function to such activities as fund raising public should be held within practical limits,taking It.Providing services and information to information and membership activities. into consideration the materiality of the members,legislative or administrative d.Specific methods for allocating indirect amounts involved and the degree of precision bodies,or the public costs and computing indirect wet rates along desired. c.Promotion.lobbying,and other forms of with the conditions under which each method c.Actual conditions must be taken into public relations. should be used are described in paragraphs 2 account in selecting the base tc be used in d.Meetings and conferences except those through 6 below. allocating the expeues in each grouping to held to conduct the general administration of e.The base period for the allocation of benef .r.€functions.When an allocation can the organization. indirect costs is the period in which such be made by assignment of a cost grouping 3.Maintenance,protection,and investment costs are incurred and accumulated for directly to the function benefited.the of special funds not used in operation of the allocation to work performed in that period_. allocation shall be made in that manner. organization. The base period normally should coincide When the expenses in a grouping are more L Administration of grou.p benefits on with the organizer-offs fiscal year,but in any general in nature,the allocation should be behalf of members or clients including life runt.shall be so selected as to avoid made through the use of a selected base and hospital insurance.annuity or retirement inequities in the allocation of the costa. which produces results that are equitable to plans,financial aid.etc. L Simplified allocation method both the Government and the organization.In C Indirect Carets a.When an organisation's major functions genera any cost element or cost related benefit from its indirect costs to factor►seociated with the organization's L Indirect costs are those that have been approximately the same degre,the allocation work In.potentially adaptable for use as an incurred for common or joint objectives and of indirect costs may be accomplished by(i) allocation base provided(I)it can readily be cannot be readily.Identified with a particular separating the organization's total costs for expressed in terms of dollars or other final cost objective.Direct coat of minor the base period as either direct or Indirect quantitative measures(total direct costs. amounts may be treated as indirect costs and(Li)dividing the total allowable indirect direct salaries and wages.staff hours applied, under the conditions described in paragraph costs(net of applicable'credits)by an square feet used•hours of usage.number of 13.2.above-After direct costs have been equitable distribution base.The result of this documents processed.population served,and determined and assigned directly to awards process is an indirect cost rate which is used the like)and(Li)it is common to the or other work as appropriate.indirect costs to disc-outr indirect costs to individual benefiting functions during the base period are those remaining to be allocated to awards.The rate'should be expressed as the d.Except where a special indirect cost benefiting cost objectives.A cost may not be percentage which the total amount of rate(s)is required in accordance with allocated to an award as an indirect coat If allowable indirect costs bears to the hue paragraph D..below,the separate groupings any other cost Incurred far the same purpose. selected.This method should alms be Led of indirect costs allocated to each major —4— 48028 Federal Register / Vol. 45, No. 132 / Tuesday, July 8. 1980 / Notices function shall be agregated and treated as a used.or any combination thereof.When a Is a major long-term shift in the dollar volume common pool for that function.The costs in particular segment of work is performed in an of the Federal awards to the organization.All the common pool shall then be distributed to environment which appears to generate a concerned Federal agencies shell be g Teo the individual awads included in that function by significantly different level of indirect costs, opportunity to participate in the negotiaeo:. use of a single indirect cost rate. provisions should be made fora separate. process,but after a rate has been agreed a.The distribution based used in computing indflect cost pool applicable to such work. upon it will be accepted by an Federal the indirect cost rate for each function may The separate indirect cost pool should be agencies.When a Federal agency has reason be total direct costs(excluding capital developed during the course of the regular to believe that special operating factors expenditures and other distorting Items suck allocation process,and the separate indirect affecting Its awards necessitate special as major subcontracts and subgrants),direct cost rate resulting therefrom should be used indirect cost rates in accordance with salaries and wages,or other base which provided it ia determined that(I)the rate paragraph D.5 above,it will,prior to the time results in an equitable distribution.The differs significantlj from that which would the rates are negotiated.notify the cognisant distribution base shall generally exclude have been obtained under paragraph D.2.3, agency. participant support costs as defined in and 4 above,and(li)the volume of work to b.A nonprofit organization which has not paragraph 29.,Attachment B.An Indirect cost which the rats would apply is material. previously established an indirect cost rate rate should be developed fir each separate with a Federal agency shall after the indirect cost pool developed.The rate in each LN Negotiation and Approval of indirect Cost organization is advised that an award will be case should be stated a the percenttaaggee made and in no event-later than three which the amount of the particular tadireet 1.Definitions As aged In this section.the months after the effective date of the award. cost pool Is of the distribution bass identified following terns have the aseanings set forth c.Organizations that have previously with that pool below: established indirect cost rates must submit a 4.Direct allocation method a."Cognizant agency means the Federal .new indirect cost proposal to the cognizant a.Some nonprofit organizations,treat all agency responsible for negotiating and agency within six months after the claw of costs as direct costs except general approving Indirect cost rates for a nonprofit each fiscal year. administration and general expenses.These organization on behalf of all Federal d.A predetermined rate may be negotiated organizations generally separate their costs agencies for use on awards where there is reasonable Into three basic categories:(I)General b."Predetermined rate"means an Indirect assurance,based on past experience and sdminiseetion and general expenses,(ii) cost rate,applicable to a specified current or reliable projection of the organization's costa. fund raising,and(iii)other direct functions future period.usually the organisation's fiscal that the rate is not likely to exceed a rate (including projects performed under Federal year.The rate is based on an estimate of the based on the organization's actual costa. awards).joint costs,such as depreciation, costs to be incurred during the period.A a.Fixed rates may be negotiated where rental costs,operation and maintenance of predetermined rats is not subject to predetermined rates are not considered facilities,telephone expenses,and the like adjustment appropriate.A fixed rate,however.shall not are prorated indtvisually as direct cost to C."Fixed rate"means en indirect cost rate be negotiated if(i)all or a substantial portion each category and to each award.or other which has the same characteristics as a of the organization's awards are expected to activity using a base most appropriate to the predetermined rate,except that the difference expire before the carry-forward adjustment particular cost being prorated. ,between the estimated costs and the actual can be made,(ti)the mix of Government and b.This method is acceptable provided each costs of the period covered by the rate is non-government work at the organization is joint cost Is prorated using a base which carried forward as an adjustment to the ate too erratic to permit an equitable carry- accurately measures the benefits provided to computation of a subsequent period forward adjustment or(iii)the organisation's each award or other activity.The bases must d"Final rate"means an indirect cost rats operations fluctuate significantly from year to be established in accordance with resonable applicable to a specified past period which is Year. land final rates shall be criteria,and be supported by current data. based on the actual coats of the period.A negotiatedProvisional onal where neitherf rotespred hall bed nor This method is compatible with the final rate is not subject to adjustment fixed rates are appropriate. Standards of Accounting and Financial a."Provisional rats"or billing rate means ag.The results of each negotiation shall be - Reporting for Voluntary Health and Welfare temporary indirect cost rate applicable tea formalized written agreement b Organizations issued jointly by the National specified period which is used for funding, or cognizant agency and the betweennonprofite Health Council.Inc.,the National Assembly interim reimbursement,and reporting indirect the cognizant shall of Voluntary Health and Social Welfare . costs on awards pending the establishment of orgdistribute n.Theies of the cognizant agencyent to all Organizations,and the United Way of a rate for the period distribute Federal agenciesheafire America. f. Indirect cost proposal"means the hr If a dispute arises in a negotiation of an c.Under this method indirect costs consist documentation prepared by an organization Indirect coat rate between the cognizant *elusively of general administration and to substantiate its claim forte agency and the nonprofit organization.the general expenses.In all other respects,the reimbursement of indirect costs.This with organization's indirect cost raters►hal be proposal provides the basis for the revibw dispute appeals procedure+of the cognizant shall be resolved in accordance computed in the same manner as that and negotiation leeding tote establishment described in paragraph D.2 above. of an organization's indirect cost rate. age &Special indirect cost rotes.In some I."Cost objective"means a function. I.To the extent that problems are Instances.a single indirect cost rate for all organizational subdivision.contract,grant or encountered among the Federal agencies in activities of an organization or for each major other work unit for which coat data are connection with the negotiation and approval function of the organization ay not be desired and for which provision le made to process,the Office of Management and appropriate,since It would not take Into accumulate and measure the cost of Budget will lend assistance as required to account those different factors which may processes.projects,jobs and capitalized resolve such problems In a timely manner. substantially affect the indirect costs projects. (Circular No.A-122_ --- - eppllcabls to a particular segment of work. 2.Negotiation and approval of rotas. Attachment D For this purpose,a particular segment of a.Unless different arrangements are • • - wort.For this purpose,a particular segment agreed to by the agencies concerned the Selected Items of Coal of work'trey be that performed under a single Federal agency with the largest dollar value Table of Contents award or It rosy consist of work under a of awards with an organisation will be groan of awards performed in a Dorman designated as the cognizant agency for the 1.Advertising costs environment The Lectors may include the negotiation sod approval of indirect cost 2.Bad debts - physical location of the work,the level of rates and,where neon/nary.other rates sock 3.Bid and proposal ports(reserve* administrative support required the nature of as fringe benefit end computer chargawt 4.Bonding mete the facilities or other resources employed the rites.Once an agency is assigned cognizance fi.Communicabon costa . scientific disdpiines or technical skills for a particular nonprofit organisation.the le Compensation for personal services Involved the organisational arrangements aasiyaeot will:not be changed unless than 7.Contingency provisions a -5- Federal Register / Vol. 45. No, 132 7 Tuesday, July d, 1950 / Notices 48027 • .9.Contributions to paragraph 4e(il)the preoaceme t of seals activities,compensation for employees on 9.Depreciation and me allowances and services:Pin the disposal et corpses Governmeat♦pooaorsd work will be • 10.Donations materials aoqulred la the performance aids considered reasonable to the extent that fl is 11.Employee morale,health and welfare award except when organfnticns aaa comparable to that paid for similar work in costs and credits reimbursed for disposals at a pvedetermleed the Labor markets in which the organization 12 entertainment cost amount in aocordence with Attachment N of competes for the kind of employees involved 13.Equipment and other capital expentfittres OidB Circular Aa10 or(Iv)specific d.Special considerations in determining ' 14.Fines and penalties requirements of the award ellowebllity.Certain conditions require 15.Fringe benefit 2.Bad debts.Bed debts.indenting loses special consideration and possible limitations 19 Idle facilities and idle capacity (wtrether actnai or animated)arising from in determining costs under Federal awards 17.Independent research and development eocollectible accounts and other otaiain where amm_nts or types of compensation (reserved) related collection cost,and related legal appear unreasonable.Among sock conditions 19 Insurance and indemnification costa.are unallowable. are the following 19.Interest fund raisin&and investment 3.Bid and proposal costa.(rasartrett) (1)Compensation to members of nonprofit management costs 4.Bonding axis- organizations.trustees,directors,associates. 30.Labor relations costs a.Bonding costs arise when the officers,or the immediate families thereof. 21.Losses on other awards Government requires aseurence against Determination should be made that such 22 Maintenance and repair cost _ financial loss to itself 6r others by meson of compensation is reasonable for the actual . 23.Materials and supplies the act or default of the organization.They personal services rendered rather than a 24.Meetings.conferences arise also in instances where the organization distribution of earnings in excess of costs. 25.Memberships.subscriptions,and requires similar assurance.included are such (2)An) change in an organisation's professional activity cost bonds as bid.performarxx,payment compensation policy resulting in a 29.Organization cost advance payment,infringement and fidelity substantial increase in the orgenization's 27.Overtime.extra-pay shift,and multishllt bonds. level of compensation.particularly when it premiums b.Costs of bonding required pursuant to was concurrent with an increase in the ratio 29.Page charges in professional journals the terms of the award art allowable. of Government awards to other activities of 29.Participant support costs a Costs of bonding required by the the organization or any change In the 10.Patent costs organization in the general conduct of its treatment of allowability of specific types of 11.Pension plans operations are allowable to the extent that compensation due to changes in Government 32.Plant security coats such bonding is in accordance with sound policy. 33.Preaward costs business practice and the rates and premiums a.Unallowable costs.Cost which are 3 .Professional service costs are reasonable under the dreuautanoes. enallcwable under other paragraphs of this Ilia Profits and losabs on disposition of L Communication coves.Costs Incurred for Attachment shall not be allowable under this depreciable property or other capital telephone services,local and long distance paragraph solely on the basis that they asset telephone calls,telegrema,radiograms. constitute personal compensation. 39.Public informmatioc service cost postage and the like.are allowable. L Fringe benefits. 37.Publication and printing costs 9.Compensation for personal ser►icw. (1)Fringe benefits In the form of regular 38.Rearrangement and alteration cost a.Definition.Compensation for personal compensation paid to employees during 39.Reconversion costs services includes all compensation paid periods of authorized absences from the fob, 40.Recruiting costs currently or aocrud by the organization for such as vacation leave,sick leave,military . 41.Relocation costs services of employees rendered during the leave,and the like.art allowable provided 42.Rental costs period of the awLrd(except as otherwise such costs are absorbed by all organization 43.Royalties and other costs for use of provided in paragraph g.below).It Includes, activities in proportion to the relative amount patents and copyrights but is not limited to salaries.wags. of time or effort actually devoted to each. 44.Severance pay director's and executive committee members (2)Fringe benefits in the form of employer 45.Specialized service facilities fees,incentive awards,fringe benefits. contributions or expenses for social security, 49.Taxes pension plan costs,allowances for off-site employee insurance.workmen's 47.Termination cost pay.incentive pay.location allowances. compensation insurance,pension plan costs 48.Training and education cost hardship pay.and coat of living differentials. (see paragraph g.below),and the like.are 49.Transportation costs b.Allowobility.Except as otherwise allowable provided such benefits are granted 50.Travel costs specifically provided In this paragraph the in accordance with established written (Circular A-iii] costs of suck compensation are allowable to organization policies.Such benefits whether the extent that treated as indirect costs or as direct cost. Attachment 1 (1)Total compenwtlon to individual shall be distributed to particular awards and Selected Items al Cod employees is reasonable for the services other activities In a manner consistent with tendered and conforms to the established the pattern of benefits accruing to the Paragraphs 1 through 50 provide principles policy of the organization consiatestly individuals or group of employees whose to be applied in establishing the allowability applied to both Covernpent and sow salaries and wages are chargeable to such of certain items of cost These principles Government activities:and awards and other activities. apply whether a cost is treated as direct or (2)Charges to awards whether treated as (3)(a)Provisions for a reserve under a self- indirect.Failure to mention a particular item direct or indirect costs are determined and Insurance program for unemployment of cost is not intended to imply that it is supported as required is this Qarasraph compensation or workmen's compensation unallowable,rather determination as to a.Reasonableness. are allowable to the extent that the allowability in each case should be based on (1)When the organization is predominantly provisions represent reasonable estimates of the treatment or principles provided for engaged to activities other than those the liabilities for such compensation.and the similar or related items of ant. sponsored by the Government compensation types of coverage.extent of coverage.and 1.Advertising costa for employees on Government sponsored rates and premiums would have been a.Advertising cost mean the costs of work will be considered reasonable(o the allowable had insurance been purchased to media services and associated costs.Media extent that it is consistent with that paid for cover the risks.However,provisions for self- advertising includes magazines.newspapers, similar work in the organisation's other insured liabilities which do not become . radio and television programs,direct nail, activities. payable for more than one year after the exhibits,and the like. (2)When the organization is predominantly provision is made shall not exceed the b.The only advertising costs allowable are engaged in Government-sponsored activities present value of the liability. those which are solely for(I)the recruitment and in cases where the kind of employees (b)Where an organization follows a of personnel when considered in conjunction required for the Government activities are consistent poicy of expensing actual with all other recruitment costs,as set forth nbt found in the organisation's odds payments to,or on behalf of,employees or -6- 46028 Federal Register / Vol. 45, No. 132 / Tuesday, July 8, 1980 / Notices former employees for unemployment (2)Reports reflecting the distribution of on hand may be made through ass compensation or workmen's compensation. activity of each employee must be allowances or depreciation.However,except such pey^ents are allowal-,le in the year of maintained for ell staff members as provided in paragraph I.below a payment with the prior approval of the (professionals and nonprofessionals)whose combination of the two methods may not be awarding agency provided they are allocated compecration is charged.in whole or in part used in connection with a single class of to all activities of the organization. directly, to swards. In addition,in order to Fixed assets(e.g.,bnilriinge office equipment. 1 (4)Costs of insurance on the lives of support the allocation of indirect costs,such computer equipment etc.). trustees.officers,or other employees holding reports must also be maintained for other b.The computation of use allowances a positions of similar responsibility are employees whose work involves two or more depreciation shall be based on the allowable only to the extent that the functions or activities if a distribution of their acquisition cost of the assets involved.The insurance represents additional compensation between such functions or acquisition cost of an asset donated to the compensation.The costs of such insurance activities ieneeded in the determination of organization by a third party shall be its fair when the organization is named as the orga_tization's indirect cost rate(s)(e.g., market value at the time of the donation beneficiary are unallowable. an employee engaged part-time in indirect c.The computation of use allowances or g.Pension plan costs. cost activities and part-time in a direct depreciation will exclude. (1)Costa of the organisation's pension plan function).Reports maintained by nonprofit (1)The cost of land: which are incurred in accordance with the organisation'to satisfy these requirements (2)Any portion of the cost of buildings and established policies of the organization ars must meet the following standards: equipment borne by or donated by the allowable.provided (a)The reports must reflect an after-the- Federal Government irrespective of where (a)Suck policies meet the tot of Jost determination of the actual activity of title was originally vested or where It II reasonableness; each employee.Budget estimate*(i.e.. presently resides:and (b)The methods of cost allocation are not 'estimates determined before the services are (3)Any portion of the cost of buildings and discriminatory; performed)do not qualify as support for equipment contributed by at for the (c)The cost assigned to each fiscal year is charges to awards. organization in satisfaction of a statutory determined in accordance with generally (b)Each report must account for the total matching retirement accepted accounting principles as prescribed activity for which employs..are d.Where the use allowance method is in Accounting Principles Board Opinion No.S comp„uted and which is required in followed,the use allowance for buildings and issued by the American Institute of Certified fulfilment of their obligatiom to the improvement(including land improvements Public Accountants;and organization such as paved parking areas.,fences,and (d)The costs assigned to a given fiscal year (c)The plomart be aigrt*d by the sidewalks)will be computed at an anneal an funded fa mix plan participants within x Indvidual emyee,or by s responsible rats not exceeding two percent of aoquisitices months after the end of that year.However, sziperyay official having first hand cost The use allowance far'gatpmemt will t>xraeaas to nartaal and past service pension knowledge of the activities pariatrmsd by the be computed at an annual rite not seceediwg cosh ceased by a delay in funding the empbyee,that the dietribution of activity six and two-thirds percent at ecquuisrtioa coot actuarial liability beyond 30 days after each represents a reaaaaabla estimate of the When the use allowance method is seed for qaerter of the year to which such costs are actual work pertcraed by the employee buildings.the entire building mast be treated assignable are unallowable. during the periods covered by the reports. as a single asset the bailding's oc> ts (2)Pension plan tarmiaatlaa lnoeaanos (d)The reports meat be prepared at least (e.g.ph,mbirg system besting and air premiums paid pmesuaut to the Employee monthly and most odnod'with one or more conditioning.etc.)cannot be segregated boas Retirement rs allowable. Late Actp of payment mob. pay p�� the building's shell The two percent L'ryes on ors allowable.Leta paymtnt charges such premiums are unallowable. (3)Charges for the*alarm and wages of limitation however,need not be applied to (3)Excise taxes on accumulated fundingnotpro.eesicnal employees,in addition to the equipment which is merely attached or deficiencies and other penalties imposed supporting docu-mentetion described in fastened to the building but not permanently under the Employee Retirement Income subparagraphs(1)and(2)above,must also fixed to it and which is used as furnishings at Security Act are unallowable. be supported by records indicating the total decorations or for specialised purposes(e.g., h.lnoe tine compensotion Incentive number of hours worked each day dentist chain and dental treatment units. compensation to employees based an cost maintained in conformance with Department counters,laboratory benches bolted to the reduction,or efficient performance, of Labor regulations Implementing the Fair floor,dishwashers,carpeting.etc.).Such suggestion awards,safety awards,etc.are Labor Standards Act(29 CFR Part 51G).Far equipment will be considered as not being allowable to the extent that the overall this purpose,the term"nonprofessional permanently fixed to the building if it can be compensation is determined to be reasonable employee"shall have the same meaning me removed without the need for costty or and such costa are paid or accrued pursuant "nonexempt employes."under the Fair Labor extensive alterations or repairs to the to an agreement entered into in good faith Standards Act building or the equipment.Equipment that between the organization and the employees ees (4)Salaries and wages of employees used meets these criteria will be subject to the six before the services were rendered or In meeting cost sharing or matching . and two-thirds percent equipment use pursuant to an established plan followed by requirements on awardspust be supported in allowance limitation 1 the organization so consistently as to imply, the same manner as salaries and wages e.Where depreciation method is followed, in effect an agreement to make such claimed for reimbursement from awarding the period of useful service(useful life) payment. established in each ass for usable capital 1.Overtime.extra pay shirt and multisluf! agencies.nay provisions.Contributions to assets must take into consideration such premiums.See paragraph 27. a contingency reserve or any similar factors as type of construction.nature of the ).Severance poy.See paragraph 44. provision made for events the occurrence of equipment used technological developments k.Training and education torts.See which cannot be foretold with certainty as to in the particular program area and the paragraph 4d • time,intensity,or with an assurance of their renewal and replacement policies followed 1.Support of salaries and wages. happening,are unallowable.The term for the the individual items or classes of - (1)Charges to awards for salaries and "contingency reserve"excludes self- assets involved.The method of depreciation wages,whether treated as direct costs or Insurance reserves(see paragraph e.f.(3)and used to assign the cost of an asset(or group indirect costs,iiill be based on documented It.(2)(d)k pension funds(see paragraph of assets)to accounting periods shall reflect payrolls approved by a responsible official(*) L(g)},and reserves foe normal severance pay the pattern of consumption of the asset of the organization.The distribution of (see paragraph 44.(b)(1). during Its useful life.In the absence of dear salaries and wages to awards must be d.Contributions.Contributions and evidence indicating that the expected supported by personnel activity reports as donations by the organization to others are consumption of the asset will be significantly prescribed in subparagraph(2)below,except unallowable. greater or lesser in the early portions of its when a substitute system has been approved s.Depreciation and use allowances useful life than in the later portions,the in writing by the the cognizant agency.(Sea a.Compensation toe the use of buildings, straight-line method shall be presumed to be paragraph El of Attachment A) other capital improvements,and equipment the appropriate method.Depredation —7— - - ---- -- - Federal Register / Vol. 45, No. 132 f Tuesday, July 8, 1M / Notices 48029 methods once used shall not be changed reimbureed under the sward ee aped to toot (1)"Equipment"means an article of unless approved in edvamr by the oognisaat cost sharing or matching requirements. nonexpendable tangible personal property Federal mosey.When the depredation (i)The value of the donated services may having a useful life of more than two years method is introduced for application to assets be used to meet cost sharing or matchire and an acquisition cost of$500 or more per prvv:xuly abed to a use allowance.tbs requirements under conditions described le unit.An organization may use Its own ce._=,a of ass allowances and Attachment E,OMB Circular No.A-110. definition provided that it at least includes all beeyrzdstleo applicable to such assets most Where donated services ars treated as aoua bittangible personal property as po not exceed the total acquisition et of the indirect costs,indirect cost rates will defined herein. "Acquisition cost"means the net assets.When the depredation method is used separate the value of the donations so that (2) for bafldiap,a building's shell may be reimbursement will not be made. invoice unit price of an item of equipment. segregated from each building co nent (a)Fair market value of donated services .- Including the cost of any modifications, (e,g.,plumbing system,besting,and aft shall be co uted as follows: attachments,accessories,or auxiliary oonditinni system.etc..)and each item (a)Raw or volunteer services.Later far apparatus necessary to make it usable for the depredated over its estimated useful life;of volunteers shall be consistent with those purpose for which it ls acquired.Ancillary the entire building(i.e.,the shell and all regular rates paid for similar worn in other charges,such as taxes,duty,protective in- components)may be treated as a single asset activities of the organisation.In cases where transit insurance,freight and installation and depreciated over a single useful life, the kinds of skills involved are not found in shall be included in or excluded from L When the depreciation method is used the other activities of the organization.the acquisition cost in accordance with the p anieetion's regular written accounting for a particular class of assets,no rates used wall be consistent with chow paid � depredation may be allowed on any mach for similar work in the labor market in which prices• sent"means assets that.under paragraph a.above.would the organizatiorr,yyoompetes for such skills. (3)"Special purpose equipment" Services donated byother equipment which is usable only for research. be aimed as useuy allowancea may Howwa,s (a) medical.scientific,or technical activities. reasonable may be negotiated organisations.When an employer donates Examples of special purpose equipment for such assets II warranted after taking into the services of an employee,these services include microscopes,spe ial x-ray e qmsurgical consideration the amount of depreciation ' shall be valued at the employee's regular rate Instruments, o es,x-ray machines, previously charged to the Government the of pay(exclusive of fringe benefits and "General and spect equipment"means s. estimated useful life remaining at time of Indirect costs)provided the services are is (4) which!r usable for other than negotiation,the effect of any increased the same skill for which the employee is equipment t whichl, usable f or technical maintenance charges or deceased efficiency normally paid.If the services are not in the resea ch. whether c sot"dal ce t due to age,and any other factors pertinent to same skill for which the employee L normally modifications are needed to make them the utilization of the suet for the purpose paid,fair market value shall be computed to equitable for a particular purpose.Examples of contemplatai accordance with subparagraph(a)above. general purpose equipment include office g Charges for use allowances or b.Goods and space. equipment and furnishings air conditioning depreciation must be supported by adequate (I)Donated goods;La..expendable equipment reproduction and printing property records and physical inventories personal property/supplies,and donated use equipment motor vehicles,and automatic taut be taken at least once every two years of space may be furnished to an oryanizatioa data processing equipment. (a statistical sampling basis is acceptable)to The value of the goods and space is not b.(1)Capital expenditures for general ensure that assets exist and are usable and reimbursable either as a direct or indirect pose equipment are unallowable as a needed.When the depredation method is poet direct coat except with the prior approval of followed adequate depreciation records (2)The value of the donations may be used the sueardi Indicating the amount of depreciation taken to meet cost sharing or matching share (2)Capital expen tures for special purpose each period must alto be maintained. requirements under the conditions described equipment are allowable as direct costs 10.Donations in Attachment$OMB Circular No.A-110. provided that items with a unit cost of$1000 a.Services received The value of the donations shall be oe more have the prior approval of the (1)Donated or volu.ear services may be determined to accordance with Attachment awarding agency. furnished to an organization by professional b Where donations are treated as indirect c.Capital expenditures foe land or and technical personnel.consultants,and poets,indirect cost rates will separate the buildings are unallowable as a direct cost other skilled and unskilled labor.The value value of the donations so that reimbursement except with the prior approval of the of these services is not reimbursable either as will not be made. awarding agency. a direct or indirect oat 11.Employee morale,health,and welfare. d.Capital expenditures for improvements (2)The value of donated services utilized costs and credits.The costs of house to land.buildings.or equipment which in the performance of a direct cost activity publications,health or tint-aid clinics,and/ materially increase their value or useful life shall be considered in the determination of or infirmaries,recreational activities, are unallowable as a direct cost except with the organization's indirect cost rate(s)and employees'counseling services,and other the prior approval of the awarding agency. accordingly,shall be allocated a expenses incurred in accordance with the s.Equipment and other capital proportionate share of applicable indirect organization's established practice or custom expenditures are unallowable as Indirect costs when the following circumstances exist for the improvement of working conditions, costs.However,see paragraph 9 for (a)The aggregate value of the services is ample,er-employee relations,employee allowability dose allowances or material: mori...z. and employee performance are depreciation on buildings,capital (b)The services are supported by a allow able.Such costs will be equitably Improvements,and equipment Also,see significant amount of the indirect costs apportioned to all activities of the agraph 42 for allowability of rental costs tr.�vrred by the organization; organization.Income generated from any of for land,building,.and equipment (c)The direct cost activity is not pursued these activities will be credited to the cost 14.Fines and penalties.Costs of fines and primarily for the benefit of the Federal thereof unless such income has been penalties resulting from violations of,or Government irrevocably set over to employee welfare failure of the organization to comply with (3)In those instances where there la no organizations. • Federal,State,and local laws and regulations basis for determining the fair market value of 12.Entertainment costs.Costs of are unallowable except when incurred,-s e the services rendered the recipient and the amusement,diversion.social activities, result of compliance with spe:ific provisions cognizant agency shall negotiate an ceremonials,and costs relating thereto.such of an award or instructions in writing from appropriate allocation of indirect coat to the as meals,lodging.rentals,transportation.and the awarding agency. 6 f. services, gratuities are unallowable(but en16,,Philp benefits.See paragraph (4)Where donated services directly benefit paragraphs 11 and 23). 1a.Idle facilities and idle capacity. a project supported by an award the indirect 13.Equipment and other capital a.As used in this paragraph the following costs allocated to the services will be expenditures. terms have the meanings set forth below: considered as a part of the total costs of the a.As used in this paragraph.the following (1)"Fadllties"means land and buildings or project Such indirect costs may be terms have the meanings set forth below: any portion thereof,equipment individually —8— 48030 Federal Register / Vol. 43, No. 132 / Tuesday, July 8, 1980 / Notices IMMIIMMINI or collectively,or any other tangible capital (a)Types and extent of coverage shall be 21.Lomas on other awards Any excess of asset wherever located and whether owaed in'Accordance with sound business prectfaa costs over income on any award is or leased by the organisation. and the rates and premiums shell be unallowable as a cost of any other sward. (2)"Idle facilities"means completely reasonable under the circumstances. This includes,bat Is not limited to•the unused facilities that are excess to the (b)Costs allowed for busineee Interruption organisation's contributed portion by reason organisation's current need& or other similar insurance shall be limited to of cost sharing agreements or any (3)"Idle capacity"means the unused exclude coverage of management fees. unden•ecovenes through negotiation of lump capacity of partially used facilities.It is the (c)Costa of insurance or of any provisions sums for,or ceilings on indirect coats. difference between that which a facility for a reserve covering the risk of loss or 22.Maintenance and repair costs. Costa could achieve under 100 per cent operating damage to Government property ate incurred for necessary maintenance,repair. time on a one-shift basis lase operating allowable only to the extent that the or upkeep of buildings and equipment interruptions resulting from time lost for organization is liable for such loss or damage. (including Government property unlese repairs,setups,unsatisfactory materials,and (d)Provisions for a reserve under a self- otherwise provided for)which neither add to other normal delays,and the extent to which insurance program are allowable to the the permanent value of the property nor the facility was actually used to meet extent that types of coverage,extent of appreciably prolong its Intended life,but demands during the accounting period A coverage,rates,and premiums would have keep It in an efficient operating condition.ass multiabift basis may be used if it can be been allowed lied In urance been purchased allowable.Costs incurred for improvements shown that this amount of usage could to cover the risks.however,provision for which add to the permanent value of the normally be expected for the type of facility known or reasonably estimated self-insured buildings and equipment or appreciably involved liabilities,which do not become payable for prolong their intended life shell be treated as (4)"Coats of idle facilities or idle capacity" more than one year after the provision is capital expenditures(see paragraph 13). means costs such as maintenance,repair: made shall not exceed the present value of • 23.Materials and supplies.The costs of housing.rent,and other related costa e.g., the liability. materials and supplies necessary to carry out property taxes,insurance.and depredation (e)Costs of insurance on the lives of an award are allowable.Such costs should be or use allowance& trustees,officers,or other employees holding charged at their actual prices after deducting b.The costs of Idle facilities ass positions of similar responsibilities are all cash discounts,trade discounts,rebates, unallowable except to the extent that allowable only to the extent that the and allowances received by the organization. (1)They are necessary to mad insurance represents additional Withdrawals from general"toms or fluctuations in workload:or compensation(see paragraph E).The cost of stockrooms should be charged at cost under (2)Although not necessary to meet such insurance when the organisation is any recognized method of pricing fluctuations in workload,they were Identified as the beneficiary is unallowable. consistently applied.Incoming transportation necessary when acquired and are now Idle (3)Actual losses which could have been charges may be a proper part of matenal because of changes in program requirements, covered by permissible insurance(through cost Materials and supplies charged as a efforts to achieve more economical the purchase of insurance or a self-insurance direct cost should include only the materials operations,reorganization,termination.or program)ere unallowable rainless expressly and supplies actually used for the other causes which could not have bees provided for in the award,except performance of the contract or grant and des reasonably foreseen.Under the excrptios (a)Costs incurred because of losses not cedit should be given for any excess stated in this subparagraph,costs of idle covered under nominal deductible insurena" materials or supplies retained,or returned to facilities are allowable for a reasonable coverage provided in keeping with sound vendors. period of time,ordinarily not to exceed one business practice are allowable. 7A.Meetings,conferences. year.depending upon the Initiative taken to (b)Minor losses not covered by h tsuramR a.Costs associated with the conduct of use.leaps,or dispose of such facilities(bet inch as spoilage,breakage.and meetings,and conferences;and include the see paragraphs 47.d and d.). disappearance of supplies,which occur in the cost of renting facilities,meals,speakers' c The costs of idle capacity are normal ordinary course of operation,are allowable. fees,and the like.But see paragraph 12, coats of doing business and are a factor in the b.Indemnification includes sec ring the Entertainment casts,and paragraph 29, normal fluctuations of usage or indirect cost organization against liabilities to third Participant support costs. rates from period to period Such costs ere persons and any other loss or damage.not b.To the extent that these costs are allowable,provided the capacity is compensated by insurance or otherwise.The identifiable with a particular cost objective, reasonably anticipated to be necessary or Government is obligated to indemnify the they should be charged to that objective.(See was originally reasonable and is not subject organization only to the extent expressly paragraph B.of Attachment A.)These costs to reduction or elimination by sublettistg, provided in the award. are allowable provided that they meet the renting,or sale.in accordance with sound 19.Interest fund raising,and lnresim.nt general tests of allowable,shown in business,economics,or security practksa management costs. Attachment A to this Circular. Widespread Idle capacity throughout an a.Cots trimmed for Rterest on borrowed c Corte of meetings and conferences held entire facility or among a group of asset capital or temporary use of endowment to conduct the general administration of the having substantially the same function may funds,however represented,are unallowable. organization are allowable. be idle facilities b.Cosh of organized fund raising, 23.Memberships,subscriptions.and 17.Independent nraaaC3 anddirelcgrmest including financial campaigns,endowment professional activity cost. (Reserved). • drives,sofld!atlon of gifts and bequests,and a.Costs of the organization'►membership 1a lrucu ce and ladamzrlfkszttas • - similar expenses incurred solely to rilee• in civic.business,technical and professional a.incises ftndudes insurance which the capital or obtain contributions are organizations are allowable. organization is required to carry,or which is unallowable b.Costs of the organization's subaaiphone approved,wider the terms of the award and- a Costs of lnvesinent counsel and graft to civic,business,professional,and technical any other insurance which the organization and aim!!kr axper es incurred solely to periodicals are allowable. _ maintainer In connection with the geasrel enhance beams from investments are a.Costs of attendance at meetings and conduct of Its operations.This paragraph unallowable. conferences,sponsored by others when the does not apply to insurance which represents d.Fund raising and investment activities primary purpose is the dissemination of fringe benefits for employees(sae paragraph shall be allocated an appropriate share of technical information.are allowable.This Si.and erg.(!)). indirect costs under the conditions described includes costs of meals,transportation,and (1)Costs of insurance required or In paragraph B of Attachment A. other items incidental to such attendance. approved and maintained,purse. to the . 20.Labor relations costs.Costs incurred to 2a.Orgaruia1on costs.Expenditures.such award are allowable. maintaining satisfactory relations between as incorporation fees,brokers'fees,fees to (2)Costs of othetinsm'snts men leaned by • the organization and its employees,including promoters,organizers or management the organisation la conaeectioe with the costs of labor management committees, consultants,attorneys,accountants,or general conduct of Its operations are employee publications,and other related investment counselors,whether or not allowable subject to the toliowtng tlmitation& activities are allowable. -- employees of the organization.in connection -9- Federal Rester / Vol. 45, No.-132 rTuesdtgy,-/tetfy-a, 1080 /-Notfces 48031 with establishment or reorganization of as $3.Preoward costs.Preaward costs are to which the depredation applicable to each organization,art unallowable except with those incurred prior to the effective dale of property was included.The amount of the prior approval of the awarding agency. the award directly pursuant to the gain or loss to be included as a credit or 27.Overtime.ex ro pay shift and negotiation and in anticipation of the awed charge to the appropriate cost pouping(s) snultishift premiums.Premiums for overtime, where such costs is necessary to comply with shall be the difference between the amount extra-pay shifts.and muitishift work are the proposed delivery schedule or period of realised on the property end the allowable only with the prior approval of the performance.Such costs are allowable only undepreciated basis of the property. awarding agency except: to the extent that they would have been (2)Gains and losses on the disposition of a When necessary to cope with allowable if incurred after the date of the depreciable property shall not be recognized emergencies,such as those resulting from award and only with the written approval of as a separate credit or charge under the accidents.natural disasters,breakdowns of the awarding agency. following conditions. equipment or occasional operational 34.Professional service costa. (a)The gain or loss is processed through a bottlenecks of a sporadic nature- a Costa of professional and consultant depreciation reserve account and is reflected b.When employees are performing indirect services rendered by persons who are hi the depredation allowable under functions such as administration. members of a particular profession or ponds paragraph 9. - maintenance,or accounting. a special skill,and who are not officers or (b)The property Is given to exchange as c.In the performance of tests,laboratory employees of the organization,are allowable, part of the purchase price of a similar item procedures,or other similar operations which subject to b.c and d.of this paragraph when and the gain or loss is taken into account in are continuous in nature and cannot reasonable in relation to.the services determining the depreciation cost basis of the reasonably be interrupted or otherwise rendered end when not contingent upon DOW item. completed. recovery of the costs(from the Government. (c)A loss results from the failure to d.When lower overall cost to the b.In determing the allowabillty of omits in maintain permissible insurance,except as Government will mull a particular use,no single factor or any otherwise provided in paragraph 18.a.(3). 21 Page charges in professional journals. special combination of factors is necessarily (d)Compensation for the use of the Page charges for professional journal determinative.However,the following property was provided through use publications are allowable as a necessary factors are relevant allowances in lieu of depreciation in part of research costs,where: (1)The nature and scope of the service accordance with paragraph 0. a.The research papers report work rendered in relation to the service required (e)Gains and losses truing from mass or supported by the Government and (2)The necessity of contracting for the extraordinary sales retirements,or other b.The charges are levied impartially on all service,considering the organization's dispositionsshall be considered on a cane research papers published by the journal. capability in the particular area. by-case basis. in whether or not by Government-sponsored (3)The past pattern of such costa b.Gains saleor losses of any nature ails authors. particularly in the yeah prior to Government from the or exchange of property other 29 Participant support costs.Participant awards. than the p sty covered In paragraphinga. colts are direct costs for items suchabove shallexcluded in computing award support (4)The impact of Government awards on costs. as stipends or subsistence allowances,travel the organization's business(i.a.,what new 36.Public information service costs. allowances,and registration fees paid to or problems have arisen) on behalf of participants or trainees(but not (5)Whether the proportion of Government a.Public information sth ervice costs include employees)in connection with meetings, releases,ee cult associated other forms pamphlets,news work to the organization's total business b and forms of information conferences,symposia,or training projects. such as to influence the organization in favor services.Such mete are normally incurred to These costs are allowable with the prior of incurring the cost particularly where the (1)Inform or instruct individuals,groups,or approval of the awarding agency. services rendered are not of a continuing 30.Potent'costs. nature and have little relationship to work the(2)geneInterest al public. in a.Costs of(I)preparing disclosures, under Government grants and contracts. rti spa t rag individualsaservice or programgroup of reports,and ether documents required by the (5)Whether the service car.be performed partidpstiagln a servvice the award and of searching the art to the extend more economically by direct employment otganrsssem (3)Disseminate the results of sponsored necessary to make such disclosures,(ii) rather than contracting. and nonsponsored activities. preparing documents and any other patent (7)The qualifications of the individual or b.Public information service costs are costs in connection with the filing and concern rendering the service and the allowable as direct coats with the prior prosecution of a United states patent customary fees charged,especially on non- approval of the awarding agency.Such costs application where title or royalty-free license Government awards. are unallowable as indirect costs. is required by the Government to be (8)Adequacy of the contractual agreement 37.Publication and printing costs. conveyed to the Government,and(iii)general for the service(e.g.,description of the service, a.Publication costs include the costs of counseling services relating to patent and estimate of time required,rota of printing(including the processes of copyright matters,such as advice on patent compensation,and termination provisions). composition.plate-making press work and copyright laws,regulations.clauses,and c.In addition to the factors in paragraph b binding.and the end products produced by employee agreements art allowable(but see above,retainer fees to the allowable must be such processes),distribution,promotion. paragraph 34). _ supported by evidence of bdna fide services mallin .and general handling. b.Cost of preparing disclosures,reports, available or rendered. b.If tthese coats are not identifiable with a and other documents and of searching the art d Cost of legal,accounting.and consulting particular cost objective,they should be to the extent necessary to make disclosures, services,and related cats incurred in allocated as indirect costs to all benefiting if not required by the award are connection with defense of antitrust suits, activities of the organization. unallowable Costs in connection with(i) and the prosecution of claims against the c.Publication and printing costs are filing and prosecuting arty foreign patent Government are unallowable.Costs of legal. unallowable as direct costs except with the application,or(II)any United States patent accounting and consulting services.andprior approval of the awardingagency. application,where the award does not related costs,incurred in connection with The cost of page chargesn urnals Is require conveying title or a royalty-free patent infringement litigation,organization addressed paragraph 221. license to the Government are unallowable and reorganization,are unallowable unless 38.Rearrangement and alteration costs. (also see paragraph 43). otherwise provided for in the award(but ere Costs incurred for ordinary or normal 31.Pension plans See paragraph a g. paragraph 47e). rearrangement and alteration of facilities are 32.Plant security costs.Necessary 35.Profits and losses on disposition of allowable.Special arrangement and expenses incurred to comply with depreciable property or other capitol Assets. alteration costs incurred specifically for the Government security requirements or for a.(1)Gains and losses on sale,retirement project are allowable with the prior approval facilities protection.including wages, or other disposition of depreciable property of the awarding agency. uniforms.and equipment of personnel are shall be included in the year in which they 39.Reconversion costs.Costs incurred in allowable. occur as credits or charges to cost grouping(*) the restoration or rehabilitation of the —10— 46032 Federal Register / VoL 45, No. 132 / Tuesday, July 8. 1980 / Notices organization's facilities to approximately the control within 12 months after hire,the if any)is equal to 75 per cent or more of the same condition existing immediately prior to organization shall refund or credit the economic life of the leased property,Le.,the commencement of Government awards.fair Government for its share of the cost period the property is expected to be wear and tear excepted,are allowable. However,the coats of travel to an oversew economically usable by one or more users. 40.Recruiting cost&The following locatiotj,shail be considered travel costs In 43.Royalties and other costs for use of recruiting costs ars allowable cost of"help accordance with paragraph 50 and not patents and copyrights. wanted"advertising,operating costs of an relocation costs for the purpose of this a.Royalties on a patent or copyright or employment office,costa of operating an paragraph if dependents are not permitted at amortization of the cost of acquiring by educational tasting program,travel expenses the location for any reason and the costa do purchase a copyright,patent or rights including food and lodging of employees not include costs of transporting household thereto.necessary for the proper performance while engaged in recruiting personnel,travel goods. a of the award are allowable unless costs of applicants for interviews for d.The following costs related to relocation, (1)The Government has a license or the prospective employment and relocation costs are unallowable right to free cue of the patent or copyright incurred incident to recruitment of new (1)Fees and other coats modeled with (2)The patent or copyright has been employees(see paragraph tic).Whirs the acquiring a new home., adjudicated to be invalid.or has been organization uses employment aged (2)A loss oo the sale of a former home administratively determined to be invalid costs not in excess of standard commerdd (3)Continuing mortgage principal and (9)The patent or copyright is considered to rates for sods services are allowable. interest payment'on a home being sold be unenforceable. 41.Reloco6'on costs. (4)Income taxes paid try an employee (4)The patent or copyright is expired. a.Relocation costs are costs incident to the related to reimbursed relocation costa. b.Special care should be exercised to permanent change of duty assignment(for as 4 'Rental wale. determining reasonableness when the indefinite period or fora stated period of not a.Subject to the limitations described In royalties may have been arrived at as a result less than 12 months)of to existing employee paragraphs b.through d.of this paragraph, of less then arm's length bargaining e.g.: or upon recruitment of a new employee rental costs are allowable to the extent that (1)Royalties paid to persons,including Relocation costs are allowable,subject to the the rotes are reasonable to light of reds corporations,affiliated with the organization. limitation described in paragraphs b,c and d factors as:rental costa of comparable (2)Royalties paid to unaffiliated parties, below,provided that property,if any,market conditions In the including corporations,under an agreement (1)The move is for the benefit of the area,alternatives available and the type life entered into in contemplation that a employer. expectancy,condition and valor d the Government award would be made. (2)Reimbursement to the employee is is property leased (3)Royalties paid under an agreement accordance with an established written b.Rental costa under sale and kesebatit entered into after an award is made to an policy consistently followed by the employer. arrangements are allowable only cep to the organizetiom (3)The reimbursement does not exceed the amount that would be allowed had the c.In any case involving a patent dr employee's actual(or reasonably estimated) organisation continued tole own the property. copyright formerly owned by the expenses. c.Rental oasts under ly up to organization.the amount of royalty allowed b.Allowable relocation costs for current leases are allowable only up to the amount are limited to the foll that would be allowede had title to the should not exceed the cost which would have employees off' property vested in the organization.For this been allowed had the organization retained (1)The costs of transportation of the title thereto. employee members of his Immediate fam0y purpose,a Ices-than-arma-tength lease is one 44,Severance and his household and personal effects to the is able which one party to the lease influence a.Severance pay, commonly referred new location the to control o se.Such leaally a inched to as dismissal w s,is a t in (2)The costs of M a new home,such are notons of the other.Such leases tndtuo3e. addition to regular salaries and by as advance trips by employees and spouses but are not unload to those between(I) organization t workers whose em l to locate living quarters and temporary drnetoms of an control oho u(ii)orrgantntims is beingterminated.Costs of severanceens under common control through commonpay lodging during the transition period,up toe officers,directors or member&and(ill)ao are allowable only to the extent that in each maximum period of 30 days,including organization and a director,trustee,office:. case,it is required by(I)law.Ili)employer- advance trip time. or key employee of the organization or his employes agreement,(iii)established policy (3)Closing costs,such as brokerage,legal. immediate family etthaz directly or through that constituter,in effect,an implied and appraisal fees,Incident to the disposition corporations,touts,or similar arttiagemeaI, agreement on the organization's part,or(iv) of the employee's former home.These cost, In which they hold a oontivlltag tntensea circumstances of the particular employment together with those described in(4)below, d.Rental costs under leases which create a b.Costs of severance payment/are divided are limited tog per cent of the sales priced material equity in the teased property are into two categories as follows: the employee's former borne. allowable only up to the amount that wood! (1)Actual normal trnnover severance (4)The continuing coats of ownership al be allowed had the organization purchased payments shall be allocated to all activities; the vacant former home after the settlement the property on the date the f'ase agreement or,where the organization provides for a or lease date of the employee's new was executed:e.g..depreciation or ass reserve foss normal severances such method permanent home,such as maintenance of allowances,maintenance,taxes,insurance will be acceptable if the charge to current buildings and grounds(exclusive of fixing tip but excluding interest expense and other operations is reasonable in light of payments expenses),utilities,taxes,and property unallowable costa.For this purpose,a actually made for normal severances over a insurance. material equity in the property exists if the representative past period and if amounts (5)Other necessary and reasonable lease in noncancelable or is cancelable only charged are allocated to all activities of the expenses normally incident to relocatine, upon the occurrence of some remota organisation. such as the costs of cancelling an unexpired contingency and has one or morn of the (2)Abnormal or mass severance pay Is of lease,disconnecting and reinstalling following charecterbtier. such a ocmjecturel nature that measurement household appliances,and parcbasing (1)The organisation has the right to of costa by means of an accrual will not insurance against low of or damage&to purchase the property for a price which at the achieve equity to both parties.Thus,accruals personal property.The cost of cancelling en beginning of the lease appears to be for this purpose ere not allowable.However, unexpired lease is limited to three times the substantially less than the probable Lair the Government recognizes its obligation to monthly rental market value at the time It is pertained to participate to the extent of its fair share,in e Allowable relocation costs for new purchase the property(commonly called a any specific payment Thus,allowability will employees are limited to those described In lease with a bargain purchase option); be considered on a case-by-case basis in the (1)and(2)of paragraph b.above.When (2)This to the property passes to the event of occurrence. relocation costs incurred incident to the organization at some time during or after the 45.Specialised service facilities. recruitment of new employees have been lease period; a.The costs of services provided by highly allowed either u a direct or indirect cost and (3)The term of the lease(initial term plus complex or specialized facilities operated by the employee resigns for reasons within his' periods covered by bargain renewal options, the organization,such as electronic —).1— Federal Register / Vol 45, No. 132 / 'tltesdtry, July $, 1990 / Notices 40033 computers and ivied tunnels,are allowable_ . b.Cows aasttinubm after tarmlaetiaa If In wtth the basic guidelines oeoteined in - -- - provided the charges far the sirvkas nest a particular can.despite all reasonable Attachment A.The indirect expense so the conditions of either b.or r oldie worts by the oreanirwtion.curtain costs allocated shall exclude the same and similar paragraph and is addttiok tale into&moues cannot be tn.:Innu ed immediately after the costs claimed directly or indirectly as any items of income as Federal financing that effective date of termination,such costs are settlement expanses. qualify as abla credits under perigee* gee allowable within the limitations set 4$.Training and education costs. Atta chment A. lurch in this Circular,except that may sea a.Costs of preparation and maintenance of b.The oasts of such services.wino costa cootinutnl after termination due to the a program of inet„ctloo{Deluding but not material,must be charged directly to negligent or wifu1 failure of the organization limited to oo-the-Job,classroom.and applicable swards based co actual asap of . to discontinue such costs shall be apprenticeship training,designed to increase the services on the basis of a schedule of . unallowable. the vocational effectiveness of employees. rates or olablished zeethodoIo that(T)does c.lees of angel robe.Lose of useful value including training materials,textbooks, not discriminate spinet federally supported of special machinery and equipment salaries or rages of trainees(excluding activities of the organisation,including asap which was not arYed to the award sea overtime compensation which might arise by the organization for internal purposes,and capital cxTenditure is generally allowable* therefrom),and(i)salaries of the director of (ii)is designed to recover only the aggresats (1)Such special tooling,machinery,or training and staff when the training program costs of the services.The costs of each _ - equipment is not reasonably capable of use to is conducted by the orgaaizatiom.or(U) service shall consist normally of both Its - the other work of the oreanlation - tuition and fees when the Dahlia(is in an direct costs and its allocable share of all (2)The interest of the Government is Institution not operated by the organization, indirect costs.Advance agreements pursuant protected by transfer of title or by other are allowable. to paragraph A.6.of Attachment A ere means deemed appropriate by the awarding b.Costs of part-time education.at an particularly important in this situation. peaty: - undergraduate or postgraduate college level. c.When the costs incurred for a service d.Re itof amts.Mental costs under including that provided at the organisation's are not material,they may be allocated as nnaxpired leases de generally allowable - own facilities,are allowable only when the indirect costs. where clearly shown to have be= course or degree pursued is relative to the 46.Tawas. • reasonably necessary for the performance of Said in which the employee b now working a.In general,taxes which the organization the terminated award less the residual value or may reasonably be expected to work,and is required to pry and which are paid or of such leases,If(0 the amount of sect rental are limited to: accrued in accordance with generally claimed does rod exceed the reasonable use (1)Training materials. accepted accounting principles,and value of the property leased for the period of (2)Textbooks. payments made to local governments to lies the sward and such bother period as may be (3)Fees charges by the educational of taxes which are commensurate with the reasonable.and(ti)the organization makes institution. local governfaent services received are all reasonable efforts to terminate,assign, (4)Tuition charged by the educational allowable,except for(I)taxes from which settle,or otherwise reduce the cost of such institution or le lieu of tuition.Instructors' exemptions are available to the organization lease.There also may be included the cost of salaries and the related share of indirect directly or which are available to the alterations of such leased property,provided costs of the educational institution to the organization based on an exemption afforded such alterations wen necessary for the extent that the sum thereof is not in excess of the Government and in the latter case when performance of the award.and of reasonable the tuition which would have ben paid to the the awarding agency makes available the restoration required by the provision'of the participating educational institution. necessary exemption certificates,(ii)special base. (5)Salaries and related costs of instroctore assessments on land which represent capital a.Setilmart expenses.Settlseswt who are employees of the organization. improvements,and Oh]Federal income taxes. expenses including the following are (6)Straight-time compensation of each b.Any refund of taxes,and any payment to generally allowable: employee for time spent attending classes the organization of interest thereon.which (1)Atxxrunting legal,clerical,and similar during working boors not in excess of 166 were allowed as award'costs,will be costs reasonably necessary for hours per year and only to the extent that credited either as a cost reduction or cash (a)The preparation and presented=to circumstances do not permit the operation of refund as appropriate,to the Government awarding agency of settlement claims and classes or attendance at classes after regular C.Termination costs.Termination of auppc tir:g data with respect to the working hours:otherwise such compensation awards generally give rise to the incurrence terminated portion of the award,unless the is unallowable. of costs,or the need for special treatment of termination is for default.(See paragraph la. a Costs of tuition,fees,training materials, costs,which would not have arisen had the of Attachment L OMB Circular No.A-flu and textbooks(bet not subsistence,salary.or sward not been terminated.Cost principles and any other emoluments)in connection with covering then items are set forth below. (b)The termination and sett emt ef full-time education.including that provided at They are to be used in conjunction with the subawerds. the organization's own facilities,at a other provisions of this Circular in (2)Reasonable poets far the storage, postgraduate(but not undergraduate)college termination situations. transportation protection,and disposition of level are allowable only when the course or a.Common items.The cost of items property provided by the Government or degree pursued is related to the field in which reasonably usable on the organization's other acquired or produced far the awed;except the employee is now working or may work shall not be allowable unless the when grantees are reimbursed for disposals reasonably be expected to work,and only organization submits evidence that it would at a predetermined amount in accordance where the,costs receive the prior approval of not retain such items at cost without with Attachment N of OI6 Circular A-110. the awarding agency.Such costs are limited rusei a loss.In decidingwhether each (3)Indirect costs related to salaries and to the costs attributable to a total period not using items are reasonably usable on other work of wages incurred as settlement expenses in to exceed one school year for each employee the organization,the awarding agency should subparagraphs(1)aedi2)of this paragraph. so trained In unusual cases the period may consider the organisation's plans and orders Normally,such indirect coots shall be limited be extended • for current and scheduled activity. to fringe benefits,occupancy cost sad d Costa of attendance of up to 16 weeks Contemporaneous purchases of common immediate supervision. per er.rployee per year at specialized items by the organization shall be regarded L Claims ander subawards.,t(aims under programs specifically designed to enhance as evidence tail such items are reasonably snbawarda,including the allotshit portion of the effectiveness of executives or managers usable on the organisation's other work.Any claims which are common to'he award and or to prepare employees for such positions acceptance of common items es allocable to to other work of the organization are are allowable.Such costs include enrollment the terminated portion of the award shall be generally allowable.An appropriate share of fees,training materials,textbooks and limited to the extent that the quantities of the organization's indirect expense may be related charges,employees'salaries. such items on band in transit and on order allocated to the amount of settlements with subsistence,and travel Costs allowable are in excess of the reasonable quantitative subcontractac/subgrantees,provided chat the . under this paragraph do not include those for requirements of other work. amount allocated is otherwise consistent courses that art part of a degseeoriented -12- 46034 Federal Register / Vol. 45, No. 132 / Tuesday, July 4 1980 / Notices curriculum.which are allowable only to the allocation on the basis of work or time period Universities Research Association. extent set forth in b.and c.above. benefited when appropriate.Advance Incorporated(National Acceleration Lab), e.Maintenance expense,and normal agreements are particularly important Argonne,Illinois depreciation or fair rental,on facilities e.Ditect charges lot foreign travel costs are Universities Corporation for Atmospheric owned or leased by the organization for allowable only when the travel has received Research.Boulder,Colorado training purposes are allowable to the extent prior approval of the awarding agency.Each Nonprofit Insurance Companies such as Blue set forth in paragraphs 9,22,and 42. separate foreign trip must be approved.For Cross and Blue Shield Organizations I.Contributions or donations to purposes of this provision,foreign travel is Other nonprofit organizations as negotiated educational or training institutions,Including defined as any travel outside of Canada and with awarding agencies. the donation of facilities or other properties, the United Stales and its territories and Ps Dec same rued 7-1-ea to m► and scholarships or fellowships.are possessions.However,for an organization aaLLasa t Otx siteet-ei located in foreign countries,the term"foreign g.• Training and education costs in excess of travel"means travel outside that country. those otherwise allowable under paragraphs b.and c.of this paragraph may be allowed (mar No.A-122) with prior approval of the awarding agency. Attachment C To be considered foe approval,the organization must demonstrate that such Nonprofit Organizations-not Subject*this vests are consistently incurred pursuant to an Circular established training and education program, Aerospace Corporation,El Segundo. and that the course or degree pursued is California relative to the field In which the employee to Argonne Universities Association.Chicago. now working or may reasonably be expected minas • to wow Associated Universities,Incorporated 49. 7Yvnsporiolwii cost.Transportation Washington,'D.C. costs include freight,express,cartage.and Associated Universities for Research and postage charges relating either to goods Astronomy,Tucson.Arizona purchased.in process,or delivered These Atomic Casualty Commission.Washington. costs are allowable.When such costs can D.C. readily be identified with the Items involved. Battelle Memorial Institute,Headquartered in they may be directly charged as Columbus,Ohio transportation costs or added to the cost of Brookhaven National Laboratory.Upton, such items(see paragraph 23).Where New York identification with the materials recetved Center for Energy nergy and Environmental cannot readily be made,transportation costs Research ,(University of Puerto may be charged to the appropriate indirect Rico) wet accounts if the organisation follows a Commonwealth of Puerto Rico,(caries Stark consistent equitable procedure In this Draper Laboratory,Incorporated respect Y � Cambridge,Massachusetts.Comparative an a.Travel costs art the expenses for Animal Research Laboratory(CARL) transportation.lodging subsistence,sod (University of Tennessee),Oakrldge, related Items incurred by employees who are Tennessee In travel status on official business of the Environmental Institute of Michigan.Ann organization.Travel coots are allowable Arbor,Michigan subject to paragraphs b.through e.below. Hanford Environmental Health Foundation. when they are directly attributable to specific Richland Washington work under an award or are incurred in the UT Research Instituta.Chicago,Moots normal course of administration of the Institute for Defense Analysis.Arlington. organization. Virginia b.Such costs maybe on an actual Institute Cu Technolop,thlca:a Muds Midwest Research Institute,Headquartered basis,on a per diem or mileage beats in Bea � of actual costs incurred.or on a combination in Kansas City,Missouri of the two,provided the method used results Mitre Corporation.Bedford.Massachusetts in charges consistent with those normally Montana Energy Research cad Development allowed by the organisation in its regular Institute,Inc.pMEtDf.Butts Montana operation National Radiological Astronomy c The difference in cost between first-class Observatory.Green Bank West Vtrgtnia air accommodations and less than first-dim Oakridge Associated Universities,Oak ridge. air accommodations is unallowable except Tennessee when lees than first-class air Project Management Corporation.Oakridga, accommodations are not reasonably Tennessee available to meet necessary mission Rand Corporation.Santa Monica.California requirements,such as where less than first- Research Triangle Institute,Research Bass accommodations would(i)require Triangle Park.North Carolina drtuitaus routing.(ll)require travel during Riverside Research Institute.New York.Nan unreasonable hours,(It1)greatly Increase the York duration of the flight(Iv)result in additional Sandie Corporation,Albuquerque.Now costs which would offset the transportation Mexico savings,or(v)offer accommodations which Southern Research Institute.DIrmlughes are not reasonably adequate fa the medical Alabama needs of the traveler. Southwest Research Institute.San Antonio d.Necessary and reasonable costs of Texas family movements and personnel movements SRI International Menlo Park.California of a special or mass nature art allowable. Syracuse Research Corporation.Syrtcarse. pursuant to paragraphs 40 and 41,subject 41 New York —13— s.o.s. Government Printing Office : 1983 -381-IlS1184 EXHIBIT F ill . • Ordinance No. G19-93 :: . AN ORDINANCE AMENDING CHAPTER 3.12 ENTITLED "COMMISSION ON HUMAN RELATIONS" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 3. 12 entitled "Commission on Human Relations" of the Elgin Municipal Code, 1976, as amended, be and is il hereby amended to read as follows: 3.12.010 Created. li A commission on human relations is created. 3.12.020 Declaration of policy. 01 A. The city council, in support of constitutional provisions practice prejudice and the of discrimination against any individual or group because of race, color, religion, creed, sex, national origin, age, ancestry, familial status or handicap, desires to establish a il . commission on human relations. To eliminate such prejudice and discrimination, an instrumentality should be established through which the citizens of Elgin may be kept informed of developments in human relations, the citizens and public officials of the city may obtain expert advice and assistance in progressive practices to keep peace and good order, and private persons and groups may be officially encouraged to promote tolerance, goodwill, interfaith and interracial harmony between all people. B. It is declared to be the public policy of the city to assure full and equal opportunity to all residents of the city to obtain fair and adequate housing for themselves and their . families in the city without discrimination against them because of their race, color, religion, creed, sex, national origin, age, ancestry, familial status or . handicap, and to secure to its residents the economic, social, and professional benefits of living in an integrated society. 3.12.030 Appointment of members-composition-term-salary. J: The human relations commission shall consist of up to eight members appointed by the mayor with the advice and consent of the city council. Commission members shall be as 11 broadly representative of the community as practically feasible, in such areas as race, color, religion, creed, sex, national origin, age, ancestry, familial status, II handicap, education, welfare, labor, and management. There shall be two ex officio members of the human relations 10 - 1 - G. All rules of procedure and regulations adopted by the commission shall preserve the right of due process under law established with respect to civil cases in the circuit courts of the state. S. The commission is empowered to determine the facts and such findings must be made by a majority vote of the commission. I. The commission is empowered to issue an order for relief as may be appropriate, including monetary relief. In the case • of an order issued pursuant to Section 3. 12 .090, the commission may order such relief as provided in that section including paragraph (J) . The commission shall make a final administrative disposition of a complaint within one year of the date of receipt of a complaint unless it is impracticable to do so. If the commission is unable to do so it shall notify the complainant and respondent, in writing, of the reasons for not doing so. J. Any resolution of a charge before a final order under this section shall require the consent of the aggrieved person on whose behalf the charge is issued. K. Judicial Review. Any party aggrieved by a final order for relief may upon application obtain judicial review of such order, in accordance with the provisions of Ill . Ann. Stat. Ch 110, paragraphs 3-110 and 3-111, in the judicial circuit in which the discriminatory housing practice is alleged to have occurred, and filing of the petition for review shall be not later than 30 days after the order is entered. The commission may not continue administrative proceedings under this section regarding any alleged discriminatory housing practice after the beginning of the trial of a civil action commenced by the aggrieved party under an Act of Congress or a State or local law, seeking relief with respect to that discriminatory housing practice. 3.12.100 Affirmative action-City contracts. A. The city shall not contract with any contractor or vendor, maintain any financial relation with any financial institution, or use the service of any labor organization or member thereof, which employs five or more person which does not first submit to the city a written commitment to provide equal employment opportunity. However when a contractor, vendor, financial institution, labor organization or member thereof is the sole source of the particular work product or service desired by the City of I Elgin and such work, product or service is essential for the efficient governmental operations of the City of Elgin such written commitment shall not be required. - 28 - The written commitment required by this section shall: 1. Set out and agree to maintain specific employment or membership practices and policies sufficient to achieve equal opportunity; 2. Set out specific goals for participation by minority groups and female person qualified by or for training or through previous work experience. This provision will not infringe upon the right of the employer to determine the need for or qualifications of employees; 3. Agree to submit to the city upon request written evidence of the effectiveness of the above-required practices, policies and goals; 4 . Agree to submit to the city upon request statistical data concerning employee composition or membership composition on race, color, sex and job description; 5. Agree to distribute copies of the above commitment to all persons who participate in recruitment, screening, referral and selection of job applicants, prospective job applicants or members; • 6. Agree to require any subcontractor to submit to the city a written commitment which contains the provisions required by subdivisions one ( 1) through • five (5) of this subsection; 7. The written commitment required by this section may also be satisfiedfiling a bycopyof an affirmative action program of the contractor/vendor which is in effect and which has been approved by any local, state or federal agency with jurisdiction to approve such programs. B. All such contracts by and between the city of Elgin and contractors and vendors for the purchase of the city of Elgin of goods and/or services shall contain the following clauses: "The contractor/vendor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, ancestry, national origin, place of birth, age or physical • handicap which would not interfere with the efficient performance of the job in question. The contractor/vendor will take affirmative action to comply with the provisions of this ordinance and will require any subcontractor to submit to the city of Elgin a written commitment to comply with those provisions. The contractor/vendor will distribute copies of this commitment to all persons who • participate in - R9 - 1 recruitment, screening, referral and se lection of I job applicants, prospective subcontractors." "The contractor/ vendor agrees that the I provisions of Chapter 3. 12 of the Elgin Municipal Code, 1976, is hereby incorporated by reference, as if set out verbatim." C. Any contractor, vendor, financial institution or labor organization contracting with the city of Elgin will be required to submit to the city, upon written request by the city, compliance reports containing such information as to the practices, policies, programs and statistics of employee or membership composition on race, color, sex, age and job description, as may be prescribed by the city and will require any subcontractor to submit a compliance report upon written request by the city. The required compliance report shall be substantially in the form attached hereto as Exhibit A, a copy of which is on file in the purchasing office. D. Before a contract is let to a contractor or financial institution by the city of Elgin, or before purchases are made from a vendor, the purchasing agent or city clerk must have on file a written statement from the staff representative that the contractor, vendor, or financial institution has a present or proposed program which is approved as an acceptable equal employment opportunity or affirmative action plan for the utilization of minorities in their work force. Neither this section, nor any other I section of this chapter, shall be construed to prevent the city manager or department heads from authorizing or doing business with contractors or vendors for emergency services I or supplies. E. In the event that any contractor, vendor, financial institution or labor organization contracting with the city - of Elgin fails to comply with the fair employment and affirmative action provisions of this section, the city of Elgin, in its discretion, may: 1. Cancel, terminate or suspend the contract in whole or In part; I 2. Declare the contractor, vendor, financial institution or labor organization ineligible for further contracts for a calendar year; 3. Recover from the contractor 'or vendor by setoff against the unpaid portion of the contract price, or I otherwise pursuant to this contract, the sum of fifty dollars per day, as liquidated damages and not as a penalty, for each day that the contractor or vendor I shall fail to comply . with these provisions of the contract, as determined by the city council after I L recommendation by the human relation commission in accordance with its rules, the said sum being fixed and agreed upon by and between the contractor and extreme the city because of the impracticability difficulty of fixing and ascertaining the actual damages which the city would sustain in the event of sua breachcontract, or and said amount is agreed to would to bethe amount of damages which he city sustain; 4. Impose such other sanctions as may be recommended by the human relations commission pursuant to this section or other ordinances. Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 3. That this ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law. Geor VanDeVoorde, Mayor Presented: May 12, 1993 Passed: May 12, 1993 Omnibus Vote: Yeas 7 Mays 0 Recorded: May 13, 1993 Published: May 13, 1993 Attest: • 411614-04( AtLecc, Dolonna Mecum, City Clerk • - 31 -