Section 141.191. Grantees

Grantees shall adhere to the requirements for program management listed in this section and § 141.192 (relating to monitoring by Department). The Department will periodically issue program directives that provide additional guidance to certain requirements listed in paragraphs (1)—(15):

(1) Grant agreements. Grantees will be required to enter into a separate grant agreement for a grant award by the Department. Subparagraphs (i) and (ii) apply to FFY 1985 and thereafter:

(i) A county shall enter into a separate grant agreement for each entitlement grant administered on behalf of an entitlement entity within the county.

(ii) Requirements in this subpart shall be executed for each separate entitlement grant and agreement administered by an entitlement entity.

(2) Environmental review certification. A grantee shall comply with the environmental review policies and procedures specified in § 141.141 (relating to environmental review). A grantee cannot drawdown project activity funds prior to the proper completion of those requirements.

(3) Financial management. Grantees shall adhere to cost principles set forth in Office of Management and Budget Circular A-87 (Cost Principles Applicable to Grants and Contracts with State and Local Governments), and financial management requirements set forth in Attachment G of Office of Management and Budget Circular A-102 (Uniform Administrative Requirements for Grants-in-Aid to State and Local Governments). When grantee funds are administered under contract by a nonprofit organization, the organization shall comply with Office of Management and Budget Circular A-110 (Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations) and Office of Management and Budget Circular A-122 (Cost Principles for Nonprofit Organizations).

(4) Planning and administration. Planning activities, as specified in 24 CFR 570.205 (relating to eligible planning and policy-planning- management-capacity-building activities), and administrative costs, as specified in 24 CFR 570.206 (relating to eligible administrative costs), may not together exceed 18% of total grant funds. The Department will maximize the amount of funds available for eligible projects and, therefore, planning and administrative costs shall be accounted for separately from other grant funds. Planning and administrative funds shall be accounted for on a grant-by-grant basis, regardless of how many grants may be administered concurrently. The Department will encourage cost-effective administration at the local level through the creation of local staff capacity subparagraphs (i) and (ii) apply to FFY 1985 and thereafter:

(i) The Department will evaluate the planning and administrative needs of each grant applicant to determine reasonable planning/administrative costs.

(ii) The Department will require that counties which administer entitlement grants clearly justify the amount of administrative/planning funds to be used in relationship to each grant administered.

(5) Property management. Grantees shall adhere to the property management requirements set forth in Attachment N of Office of Management and Budget Circular A-102. This includes proper control and record procedures, as well as the disposition of property purchased in whole or part with grant funds.

(6) Procurement and contracts. Grantees shall adhere to the requirements for procurements and contracts contained in Attachment O of Office of Management and Budget Circular A-102, and applicable State statutes.

(7) Disbursements. A grantee may not, except for its initial drawdown of administrative funds, invoice the Commonwealth for program funds in amounts of less than $4,000 per invoice, per grant agreement. Invoiced amounts shall be to reimburse costs incurred by the grantee. The total amount of an invoice is limited to the extent that the drawdown does not result in an excessive fund balance held by the grantee. An excessive fund balance includes either of the following:

(i) A balance that cannot or may not be disbursed within 3 business days of receipt.

(ii) A balance of $4,000 or less that may not be disbursed within 30 days from receipt.

(8) Budget and program revisions and amendments. Grantees shall follow Attachment K of Office of Management and Budget Circular A-102 with respect to budget amendments. Grantees shall also follow the requirements in paragraph (14)(iii) pertaining to citizen participation and notification provided to the Department with regard to substantial budget amendments. The grantee shall obtain prior Departmental approval before implementing budget revisions or program amendments, or both.

(9) Lump sum drawdowns. Grantees, who establish approved revolving loan funds for the purpose of financing rehabilitation activities, shall conform to section 104(g)(1) of Title 1 of the Housing and Community Development Act of 1974 (42 U.S.C.A. § 5304(g)(1)) which specifies certain time limits for the start and substantial disbursement of the funds.

(10) Reporting. Grantees shall be required to provide to the Department periodic financial and performance reports for a grant administered as prescribed by the Department.

(11) Monitoring. A grantee shall adequately monitor its own performance and maintain adequate records regarding the monitoring efforts. A grantee will be assessed, on a pro rata basis, for monitoring and technical assistance.

(12) Records. A grantee is required to develop and maintain a grant record system for a grant administered. These records shall be open to public access and Departmental monitoring efforts. Records shall be retained by the grantee for a period of 3 years from official grant closeout by the Department.

(13) Required documentation. Grantees shall comply with certain Federal requirements, related to civil rights and equal employment opportunities under § § 141.141—141.157 (relating to Federal and State statutes and regulations). Title VI of the Civil Rights Act of 1964 (42 U.S.C.A. § § 2000d—2000d-4) requires that grantees maintain documented evidence of nondiscrimination compliance. To satisfy this requirement, grantees shall develop and maintain data records as follows:

(i) Population. Demographic data by census tract or smaller geographic area. The data shall include prevailing population characteristics relating to race, ethnic group, sex, age and head of household.

(ii) Employment. Data which record affirmative action in equal employment opportunity. These data shall include, but are not be limited to, employment, upgrading, demotions, transfers, recruitment or recruitment advertising, layoffs or terminations, pay or other compensation and selection for training.

(iii) Section 3 employment and business opportunity. Data which record special efforts to identify, train and hire lower-income residents of the project area and to utilize business concerns which are located in or owned in substantial part by persons residing in the area of the project.

(iv) Minority business participation and minority equity utilization. Data which record special efforts to identify, solicit bids from, and provide contracting and investment opportunities to minority businesses.

(v) Program beneficiaries. Individual and site-specific beneficiary data on the racial, ethnic or gender characteristics which show the extent to which minorities, nonminorities, women and handicapped persons have participated in, or benefited from programs and activities. Numerical data shall be maintained by project, program and activity.

(14) Citizen participation. A grantee shall:

(i) Provide open and reasonable access to grant records to citizens upon proper request.

(ii) Provide adequate and timely responses to citizen inquiries and complaints about grant implementation by the grantee. Complaints shall be recorded and filed, along with the grantee’s documented response to the complaints. These complaints and grantee responses shall be reported to the Department within 30 days of the initial receipt of the complaint.

(iii) If a major revision is made to the project grant, provide a public notice of the revisions and provide the opportunity for public comments.

(15) Program income. Income earned through activities assisted by a program grant may be retained by the grantee but only as conditioned by section 104(i) of Title I of the Housing and Community Development Act of 1974 (42 U.S.C.A. § 5304(i)).

The provisions of this § 141.191 adopted May 3, 1985, effective May 4, 1985, 15 Pa.B. 1614; amended March 21, 1986, effective March 22, 1986, 16 Pa.B. 943. Immediately preceding text appears at serial pages (98891) to (98894).

Notation

Cross References

This section cited in 12 Pa. Code § 141.231 (relating to administration).