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FUNDED AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM , 4. I C I T Y o F CLIIARVATKR Interdep..tment Correspondence TO: FROM: SUBJECT: Agreement with Quest Inn, Inc. COPIES: DATE: November 28, 1989 Please find enclosed an original of the Agreement with Quest Inn, Inc. for your files. We have retained a copy for our files. JMP:nt RECEIVED ~ 29 )98S cn:l CL~ -./ () ~ ~ ".. " I I AGREEMENT AGREEMENT, made and entered into this cY 7 (c day of , 1989, by and between QUEST INN, INC., a Florida non-profit cor oration, hereinafter referred to as "Agency", and the CITY OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter referred to as "City"; WIT N E SSE T H : The parties hereto, for and in consideration of the mutual covenants herein made and the benefits flowing from each party to the other, do hereby agree as follows: I. The Agency agrees as follows: A. Area to be served. To provide in the City of Clearwater the services_hereinafter described. ~ B. Services to be provided. 1. To provide the services at 509 N. Fort Harrison Avenue, Clearwater, Florida. 2. To provide an older youth oriented services program including rehabilitation and emergency housing facilities. C. Audit and records. 1. To maintain financial records and reports and to submit operating statements to the City as requested. 2. To maintain books, records, documents and other evidence and accounting procedures and practices which sufficiently and properly reflect all direct costs of any nature. 3. These records shall be inspection, review or authorized by the City. subject audi. t by at all times to personnel duly 4. To collect statistical data of a fiscal nature on a regular basis and to make fiscal stati3tical reports at all times prescribed by, and on forms furnished by, the City. D. Retention of Recor'ds. To retain all books, records, and other documents relative to this agreement for five (5) years after final payment. Any persons duly authorized by the City shall have full access to and the right to examine any of said materials during said period. 1 " /- ('1/' I I E. Evaluation reports. To furnish the City with a monthly evaluation report on the effectiveness of the program and to furnish such other reports and information that the City may require. A final report shall be made within thirty (30) days after funding of the program ends. F. Monitoring. To permit the City to monitor the program by designating its official representative to the Agency's Board of Directors. G. Return of funds. That any City funds not expended for the aforementioned services shall be returned to the City. H. Civil Rights Act of 1964. 1. That there will be no discrimination against any employee or recipient on account of race, color, sex, r_eligious sect, national origin~. ancestry in the performa~nce of this contract._ _ ___ 2. That the Agency will comply with Title VI of the Civil Rights Acts of 1964 in regard to persons served. 3. That the Agency will comply with Title VII of the Civil Rights Act of 1964 in regard to employees or applicants for employment. 4. It is expressly understood that upon receipt of evidence of such discrimination, the City shall have the right to terminate this contract. 5. That the Agency shall include this Civil Rights Act requirements in all approved ~ubcontracts. I. Indemnification and Insurance. The Agency s~all act as an inciependent contractor in providing the ,forementioned services. The Agency shall be liable for, and shall indemnify, defend and hold the City harmless, for all claims, suits, judgments or damages arising from the operation of the aforementioned services during the term of this contract, and shall provide adequate liability insurance coverage at its expense. II. The City of Clearwater agrees that, subject to the availability of funds, payment from the City to the Agency for the period of October 1, 1989, through September 30, 1990, shall be as follows: Four quarterly payments of $728.75 ($2,915.00 annually) subject to review by the City Commission. 2 I I III. The City of Clearwater and the Agency mutually agree as follows: A. Effective Date. 1. The effective date of this contract as described shall be the first day of October, A.D. 1989. 2. This contract shall cover a period of time from the effective date through September 30, 1990. B. Inclusive Terms and Conditions. This contract contains all the terms and conditions agreed upon by the parties. No other agreements, oral or otherwise, regarding the subject matter of this contract, shall be deemed to exist or to bind any of the parties hereto. C. Notices. All notices provided herein shall be mailed to the Agency at the following address: P.O~Box 10071 Clearwater, FL 34617 D. Administrative Requirements. The Agency shall comply with the following administrative requirements: 1. Records of the Agencies to be accessible to City staff and the public, according to Florida Public Documents Law. 2. Information to be made available to the City upon request. 3. All Board meetings to be held in "the Sunshine". 4. An Affirmative Action Plan to be in effect subject to monitoring and approval by City staff. 5. Funding to be on a quarterly basis, and except at the beginning of the program year, all reports must be received before the next quarter's funds will be authorized. IV. All notices provided herein shall be mailed to the City at the following address: James M. Polatty, Jr. City of Clearwater Planning & Development Department P.O. Box 4748 Clearwater, FL 34618 3 I I IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. ~ 7J~ (l4A-~' CITY OF CLEARWATER, FLORIDA By: ffi 71 @ City Man~ger Attest: 0'f~ >:- ;J;.S.J.)~, chi Cltl~' . ,- . . .....- ...". - - ---- , ,.,.' -- By: QUEST IN~:i~U L jL9de~ ~ Attes~ (I <t<..sw-tr 4 'f ,. I I AGREEMENT FUNDED UNDER THE CLEARWATER COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THIS AGREEMENT is entered into as of the 1st day of October, 1988, by the CITY OF CLEARWATER, Florida, a political subdivision of the State of Florida, hereinafter referred to as the .CITY., and QUEST INN, INC., further identified in Appendix A, hereinafter referred to as the .PSA., and included the Appendices attached hereto. WHEREAS, the City has agreed with the United States Department of Housing and Urban Development to conduct a Community Development Program, hereinafter referred to as the "Program", with federal financial assistance under Title I of the Housing and Community Development Act of 1974, as amended, hereinafter called the "Act", and WHEREAS, the City of Clearwater Planning & Development Department, hereinafter called the .Department., will act in behalf of the City in conducting the Program, and WHEREAS, the PSA provides a program as identified in Appendix A of benefit to low and moderate income residents within the City of Clearwater and proposes to perform the work and carry out the specific services as identified in Appendix A hereinafter referred to as the .Project., and desires federal financial assistance through the City to effect this proposal, and WHEREAS, the City finds the project to be meritorious and in fulfillment of the purposes of the Act; THEREFORE, the parties agree as follows: 1. The PSA shall, in a satisfactory and proper manner as determined by the Department, conduct the Project outlined in Appendix A. 2. The term of this agreement shall commence on October 1, 1989, and terminate on September 30, 1990, unless earlier cancelled as provided herein. The agreement may be extended for up to one additional year upon the request of the PSA and the written authorization of the City Community Development Manager. The need and merit shall be at the determination of the Manager. The Department may issue written or oral instructions to clarify any other details or provisions of this Agreement. Such instruction must be within the intent of the project and not be of such nature to affect cost or period of performance. 3. The City representative with the PSA as regards conduct of services under this contract shall be the Community Development Manager and the PSA's services shall be carried out under the supervision of the Agent as identified in Appendix A. 4. The PSA shall not exceed its budgeted amount and shall use the funds in accordance with the award to be paid with Community Development Funds included in Appendix B. Funds shall not be obligated when payment has been suspended or terminated pursuant to paragraph 19 hereof. Any funds which the Department determines were not properly expended shall be refunded to the City. 5. The PSA shall comply with the provisions of OMB Circular A-lID, provided in Appendix G, and with the provisions of OMB Circular 122, provided in Appendix H, or the appropriate successor documents of these documents. The PSA 10/1/89 Rev. 10/6/89 1 t ~, (J !c)') .., . I I PSA shall permit the City to audit the PSA's financial operation including but not limited to compliance with applicable provisions of Federal law and regulations. All PSA financial records relating to the Project are subject to review by the City. 6. All subcontractors under this agreement shall be approved by the City. 7. All purchases of consumable, capital equipment and services shall be in conformity with the Procurement Standards set forth in OMB Circular A-llO, Attachment O. Accountability for project property and equipment shall be in accordance with the requirements therein set forth. 8. The City agrees to make payment of budgeted costs on a reimbursement basis. Requests for payment shall be as specified in Attachment B. Noadvance payments shall be made to the PSA. All costs and invoices for request for payment shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to the agreement shall by clearly identified and readily accessible. Final request for reimbursement hereunder shall be submitted within 30 days after completion of all services to be performed by the PSA and the City shall not be responsible for payment of any charges, claims or demands hereunder not received within said thirty day period. 9. The PSA shall upon the expiration of this agreement transfer to the city any CDBG funds on hand and any accounts receivable attributable to the use of CDBG funds. Program income funds are excluded from this provision or and are provided below. Program income funds shall be retained by the PSA so long as the activities that will be undertaken with the program income are the specific activities that meet the provisions of this agreement. These funds shall be adjusted by the City according to the principles described in paragraphs (b)(2)(i) and (ii) of Section 570.504 which states that: (1) Program income in the form of repayments to, or interest earned on a revolving fund as defined in Section 570. 500(b) shall be substantially disbursed from the fund before additional cash withdrawals are made from the U.S. Treasury for the same activity. (2) Substantially all other program income shall be disbursed for eligible activities before additional cash withdrawals are made from the U.S. Treasury. 10. The City shall retain custody upon termination this agreement of any and all property purchased with Community Development Funds. "Property" as used in this Paragraph shall mean nonexpendable tangible property valued at $200 or more with a remaining life expectancy of one year or more. The PSA shall retain custody of property acquired with federal funds so long as the property is used for the purposes described in Appendix A. When no longer used for such purpose, the City shall assume custody of the property upon written notice to the PSA. Upon purchase and receipt of property, the PSA shall submit to the Department a Property Receiving Report. Stolen, lost or returned property shall be reported PSA 10/1/89 Rev. 10/6/89 2 I I if" .... or immediately upon termination of this agreement. the PSA shall submit in a Property Report a physical inventory of all property purchased with Community Development Funds. The report shall also contain a verification of the existence and current used and location of the property. and. if applicable, the continued need for the property. No real or personal property or custody thereof purchased with such funds shall be disposed of, transferred, assigned, or loaned by the PSA without prior written consent of the City. 11. For any real property under the PSA's control that was acquired or improved in whole or in part with CDBG funds in excess of $25,000 must; (1) Be used to meet one of the national objectives in Section 570.901 until five years after expiration of the agreement, or for such longer period of time as determined to be appropriate by the City; or (2) Disposed of in a manner that results in the recipient's being reimbursed in the amount of the current fair market value of the property less any portion of the valued attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. (Reimbursement is not required after the period of time specified in paragraph (b)(8)(i) of Section 570.503.J1 12. Nothing in this agreement shall be construed to permit invasion of the privacy of individuals who are served by the project. nor shall this agreement be construed to require the PSA to publish or release information to third parties which would invade the privacy of such individuals. Information obtained by the Department as required by this agreement shall not be used or disclosed in such a way as to invade individual privacy and client relationships, unless Florida law pertaining to public records requires disclosure of said information. 13. The PSA shall obtain prior written approval by addendum to this agreement for any of the following changes: a. Substantial changes in the project work plan. b. Changes in any budget line item. 14. The PSA agrees to fully participate in the implementation and maintenance of an evaluation system to continually monitor the project. This shall include, but not be limited to, quarterly (or more frequent) reports on progress toward the goals listed in Appendix A, periodic submission of data reports which will be used by the Department for inclusion in the Annual Grantee Performance Report, periodic monitoring visits by the Department for conformance with this agreement. and continuing assessments of performance hereunder. PSA agrees to comply with evaluation and information requirements of the Department. A final report shall be submitted by the PSAwithin 30 days after the end of the contract te~. This final report shall consolidate reporting of all project participants. 15. PSA shall establish and maintain on an accrual basis an accounting system in accordance with the Standards of Grantee Financial Management System as set forth in OMB Circular A-110 or the appropriate successor document and in accordance with generally accepted accounting principals and standards where these principals and standards are not in conflict with A-110 or its successor. PSA agrees to modify or correct said systems in accordance with he City' s requirements. PSA 10/1/89 3 I I 16. PSA shall maintain such records and accounts as are deemed necessary by the city to assure a proper accounting for all project funds. All such records shall be available for audit, inspection or copying purposes at any time during normal business hours and as often as the City, HOD, and/or representatives of the Comptroller General of the United States, or other federal agency, may deem reasonably necessary. Such records shall be retained for such period as required by applicable laws and regulations and may thereafter be destroyed only with the prior written approval of the City. Such records shall include financial records, audits, supporting documents, statistical reports and client files. PSAwill comply with such additional requirements as to maintenance of records as the City may request in writing. In the event the PSA cannot continue to be responsible for maintenance of the records, then the City shall be so notified in order to take custody of the records. The city may, at any time, on written notice to the PSA take custody of any and all records established under this Agreement. 17. The PSA shall hold and save the City, its officers, agents, and employees harmless from liability of any nature or kind, including costs and expenses, for or on account of any suits or damages of any character whatsoever resulting from injuries or damages sustained by any persons or property resulting in whole or in part from the negligent performance or omission of any employee, agent or representative of the PSA. 18. The PSA shall not assign any interest in this Agreement without the prior written consent of the City. 19. The City may suspend, withhold, or terminate payment of the project, in whole or in part, for cause or convenience. Cause shall included the following: a. Use of funds that does not follow project guidelines. b. Failure to comply with any term or condition hereunder. c. Refusal to accept conditions imposed by HOD. d. Refusal to accept conditions imposed bye_the City. e. Submittal of reports which are incorrect or incomplete in any material respect. f. If carrying out this Agreement is rendered impossible or infeasible for any reason including changes in law or the unavailability of HOD funds necessary for continuation. g. Convenience shall be according to the regulations in 24 CFR 85.43 and 85.44. If the City suspends payment, it shall advise the PSA and specify in writing the actions that must be taken as a condition precedent to the resumption of payment and specify a reasonable date for compliance. 20. Both parties will use their best efforts to ensure that services under this Agreement are provided so as to best meet the needs of residents with priority to those residents who reside in the Community Development target areas. The PSA shall make every effort to assure that a minimum of two-thirds of those persons receiving services hereunder are low and moderate income. 21. No person with responsibilities in the operation of the project will discriminate with respect to any project participant because of race, color, national origin, or sex. Nor shall any participant be excluded from participation in, be denied of, or be subjected to discrimination under any program of activity funded in whole or in part with Community Development Funds because of race, color, PSA 10/1/89 Rev. 10/6/89 4 I I ,. 1. f r national origin, or sex. Nor shall any participant be excluded from participation in, be denied of, or be subjected to discrimination under any program of activity funded in whole or in part with Community Development Funds because of race, color, national origin or sex, as set forth in Other Program Requirements in Appendix D, (CFR 570.601). 22. No resources provided through this Agreement shall be used to have the primary effect of advancing religion, nor shall any goods or services provided through this Agreement be provided in a pervasively sectarian manner, as required by the First Amendment of the Constitution of the United States. All activity under this Agreement shall be consistent with specific conditions for religious organizations as established by the United States Department of Housing and Urban Development. 23. The PSA will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business or other identifiable ties. Prior to requesting any continued project funding beyond the term covered by this Agreement or for a new public services not covered by this Agreement, the PSA shall attempt to secure other local, state or federal funding and/or private funding for such project. The PSA will not as a result of receiving funding for the Project reduce its support for other similar services already being provided by the PSA in the area of its operation, and will, in fact, affirmatively seek additional assistance and support from other sources for increasing services where needs demand such increase. The PSA will not use these funds for publicity or propaganda purposes designed to support or defeat legislation pending before federal, state or local governments. 24. The PSA shall comply with the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, and the HUD regulations issued pursuant thereto, attached hereto as Appendix E. 25. The PSA will comply with Equal Employment Opportunities Executive Order 11246, as amended, attached hereto as Appendix F. 26. The PSA will comply with applicable federal law and regulations, including but not limited to: National Environmental Policy Act of 1969; Flood Disaster Protection Act of 1973; HUD Implementation of the Lead-Based Paint Poisoning Prevention Act; Clean Air Act; Historic Preservation Requirements of P.L. 89-656 Archeological and Historic Preservation Act of 1974; Executive Order 11593; Architectural Barriers Act of 1968; Hatch Act; Federal Water Pollution Control Act; Federal Labor Standards provisions and the Davis-Bacon Act; The Civil Rights Act of 1964; National Flood Insurance Program; PSA 10/1/89 5 I I -1, fr all as amended from time to time and in effect during the term this Agreement. IN WITNESS WHEREOF. the parties hereto have caused this agreement to be executed as of the day and year first above written. QUEST INN. INC. By ~sI:~( , ' Preside ATTEST: dw 17- ~.~ Secretary CITY OF CLEARWATER. FLORIDA --a-zL-6lL By Rita Garvey Mayor-Commissioner Ron H. Rabun City Manager ATTEST: Approved as to form & correctness: CYhdig.-'G.oJ.1de~.u -city G:t:E!Ek". -~ - -..~ - - :0- . "- - -'- PSA 10/1/89 6 ... I I Agency: Quest Inn. Inc. Year: 1989 - 1990 APPENDIX A Identification of A2encv and Snecific Services to be Provided AGENCY Name: Quest Inn, Inc. Legal classification: A non-profit corporation organized and existing under the laws of the State of Florida. Principal Office: 509 North Fort Harrison Avenue in the City of Clearwater, Florida, 34615 Mailing Address: 509 North Fort Harrison, Avenue, FL 34615 Agent: Suzanne Bissett, Executive Director 813-443-2067 PROGRAM OF AGENCY Provides temporary emergency housing primarily for young, single adults. Also provides some food, clothing and counseling. May occasionally accept couples and families on an exceptional basis. SPECIFIC SERVICES TO BE PROVIDED UNDER THIS AGREEMENT Quest Inn will be expanded to the third floor by converting the large, currently unused attic into a 10 bed dormitory with bathroom, kitchen, and common room facilities, or such modifications therof as may become necessary under space limitations or other unfolding circumstances. If there are any residual funds, other necessary facility improvements will be accomplished. The Pinellas County Community Development Department is the LEAD AGENCY for organizations providing funding under this Agreement. Specific program accomplishments and monitoring are as determined in further detail by the agreement between Pinellas County and Quest Inn, Inc, which will be provided by Pinellas County. Reports will be sent by Quest Inn directly to the City, in addition to any report copies which are sent directly to Pinellas County. SCHEDULE All of the SPECIFIC SERVICES will be completed as determined by the agreement between Pinellas County and Quest Inn, Inc. and will be consistent with the time specified in the paragraph 2. on page 1 of this Agreement. .1 I Agency: Quest Inn. Inc. Year: 1989 - 1990 APPENDIX B Proiect Award Facility improvement funding of up to $25,000 will be provided for third floor improvements, and for other facility improvements if there are available funds. Other funding is anticipated through the Pinellas County Community Development Department. TO~ $25,000.00 I I , ' APPENDIX C METHOD OF PAYMENT All payments shall be on a reimbursement basis only. All requests will be submitted to the Pinellas County Community Development Department. The Pinellas County Community Development Department will disburse the full appropriate payment and will in turn request of and receive from the City the appropriate contribution. All requests for reimbursement shall be supported by proper invoices, payrolls, checks, receipts, and other documentation as requested. Requests for reimbursement shall not be reduced by any program income received. '. ..i:", ~~... " Subpllrt K-0lher Program Requlremenls I 570.LOO Ge~ral (u) Seclion l04(b) (J the Acl provides lhul Bny grant under ~eclion lOG of Ihe Acl shull be IT. .c' nly if the gronlee cerlifies '10 Ihe sulitfoclion of the Secrela'ry, among other things, Iho Ithe grgnt "wilf lie. conducted ond odminislered in conformily wilh Pub. L M-352 ond Pub. L. 00-284," and, further, Iholthe grantee "will comply with Ihe olher provisions of Ihis tille Bnd with olher Bpplicable IBws." SeclioD l04(d)(l) of the Acl requires tha i the Secrelary dt:lermine wilh respecllo granls made pursuanlto seclion l00(b) [Entitlemenl Grants) Bnd 106(d){2)(B) (HUD- Adminislered Small Cilies Granls), al least on Bn Bnnual basis, among other Ihings. "whether Ihe granlee has carried oul lils] certifications in compliance with the requiremenls and the primary objeclives of this title and with other applicable laws. . . :' Cerlain olher slatutes are expressly made applicable 10 aClivities assisled under the Acl by Ihe Act itself. while other laws not referred 10 in the Acl may be Bpplicable 10 such activities by their own lerms. Certain slatutes or Executive Orders which moy ue applicable 10 aClivities assisted under the Act by their 0....'Tl lerms are adminislered or enforced by governmental departrnenLs or agencies other than the Secretary or the DepartInenl This Subpart K em.:.mera les laws which the Secrelary wiD treal as applicable 10 grants made under seclion 106 of the Act, other thal! grants 10 APPENDIX D ,'\ OTHER PROGRA}1 REQUIRE}ffiNTS Slales made pursuant 10 section l00(d) of Ihe Act. for purposes of the delerminolions described above 10 be made hy the Secrelary under seclion l04(d)(l) of Ihe Act. including alolules expressly mode appJicoble hy Ihe Act and ceria in olher stalules and Execulive Orders for which Ihe Secrelary hos enforcemenl responsibilily. The obsence of mention herein of ony Olher alalule for which Ihe Secretory docs not have direcl enforcemenl responsibilily ia not inlended 10 be loken 85 aD indicotion Iho\, in the Secrelory's opinion. such alolule or Executive Order Is not applicable to activities ossiated under Ihe Ac\' For lows which the Secrelory will treal as opplicuble 10 gronls made to Slales under section l00[d) of the Acl for purposes of the delerminotion required 10 be made by the Secrelory pursuonlto section 104[d)[2) of Ihe Act. see t 570A%. (b) This Subparl also sets forth certoin additional program requirements which the Secrelary has delermined to be applicable to grants provided under the Act 8S 8 maller of administrative dlscre lion. Ic) in addition to grants made pursuanl to section 100(b) and lOG(d)[2)[B) of tbe .I\ct [Subparts 0 and F of \.his Part. respectij'ely), the . reouirement8 of this Subpart K are applicable 10 grants made pursuant to sections 107 and 119 of the Act (Subparls E and G, respectively). ~ 570.601 Pub. L 88-352 and Pub. L !to-- 284; Executive Order 1106:1. Section l04(b) of the Act provides that any grant under section 100 of the Act shall be made only if the gran lee ce'rtifies 10 the satisfaction of the Secretary thai the granl "will be conducled and adminislered in conformity with Pub. L 88-352 and Pub. L. 90-284." Similarlv. sectioD 107 provides thai no gr~nt may be made D-l J under thai aection (Secretary's Discretionary fund) or aection 119 (UDAG) v.'ithoul aalisfaclory assurance, 10' the same effec\. (a) "Pub. L e&-35Z" rden \0 Tille VI of Ihe Civil R~hls Act of 1004 (-12 U.S.C. zooocl elleq.), which providea that no person 10 the Uniled Slotea ahnll on the ground of race, color. or nolionol origin. be excluded from pnrticipotion In, be denied the benefils of. or be subjected 10 discriminalion under Bny progrom or actl\'1t)' receiving Federal finonclal ossistance. Section 002 of the Civil Righls Act of 1904 dire cis each Federol depllrlmenl and agency empowered to exlend Federnllinonciol o68islonce 10 any progrom or octivity by woy of gronl 10 effecluole Ihe foregoing prohibition by issuing rules, regulations, or order. of generol oppllcllbilil)' which shill! be consislenl wilh achievemenl of Ihe '. stotule outhoritillB the financial assistance. HUO regula lions implemenling the requirement. of Tille Vl with respcCllO HUD progrom~ are conlained in 24 erR Part 1. . (b) "Pub. L 90-ZM" relers to Tille Vlll of the Ci\'il Righls Acl of 1968 (42 U.S.C. 3GOl ~I &eq.), popularly \:.Down as the Fair Housing Ac\' which provides thai il is the policy of the Uniled Sla les 10 provide. within conslilulional limitations. for fair housing throughoul the Uniled Slales and prohibilS nny person from discriminaling in Ihe sale or renlal of houaing. the financing of housing, or the provision of brokerage services. Including in any WilY making unavailable or denying a dwelling to any'pef"1;on. because of race. color, religion. aex. or national origin. Title V\I1 further requires the Secrelary to adminisler the programs and activities relaling 10 housing and urban developmenlln a manner affinnatively 10 further the purposes of Tille VIII. Pursuanllo this statulory direction. the Secretary requires that grantee' adminisler all programs and acliyities " relnted 10 housing nnd community developm~nl in 6 manner to aflinnlllively furlher fllir housing. [cl Execulive Order 11003. as nmended by Executive Order 12259. direcls Ihe Deparlmenllo take all ;!ction necessnry and nppropriate to prevent discriminolion because 01 race. color. religion (creed), eex. or nntional origin. in the snle. leasing. rental. or other disposilion of residentiul property and reloted fncilitiee (including land 10 be devcloped lor residcnlial use). or in the use or oceuponcy thereof. if euch properly nnd rclaled Incilitics nre. omong other things. providcd in whole or in part with the uid 01 loans. ild\'anccs. granls. or contribulions /I~rcc\d.lo bc mnde by the Fedcral Governmcnt. I-IUD regula lions implementing Excculive Ordcr 11003 are contained in 24 eFR Pnrl107. ~ 570.602 Sccllon 109 ollho Act. [n) Seclion lo!J olthe Act requires thai no person in Ihe United Stales shall on the ground of rnce. color. na tional origin or sex. be excluded Irom participation in. be denied the bendils of. or be subjecled to discrimination under. any program or aclivily lunded in whole or in part with community development funds made available pursuant 10 the Act. For purposes 01 this section "program or activit"" is defined as any function conducted by an identifiable a dministra tive unit of the recipient. or by nny unit 01 governme~t. ~ubrecipient. or priva Ie conlractor receiving cOInlnuni\y development funds or loans from the recipienl. "Funded in whole or in pari wilh community develepment lunds" means that community development funds in a:1Y amount in the form of grants or proceeds from HUD . guaranteed loans have been transferred by the recipient or a subre;ipientlo an identifiable administrath'e unit and disbu.sed in a program ;:;r activity. (b) SpeCific discriminatory oc/ions prohi/;ited and correcti~'e actions. P) A recipient may not. under any program or activity to which the I regulations of this ParI may apply directly or throufh contractual or other llTrangrmcnts. on Ihe ground 01 racc. color. nutional origin. or eex: [i) Ucny allY lacilities. 8er\'iccs. financiulllid or olher benefits provided under the program or activity. Iii) Provide Dny facilitic5, fiervices. linancialllid or olher benclils which nre diffcrcnt. or ore provided in a different form from lhut providcd to otherB under the program or nctivity. (iii) Subject to segregated or Bepnrale trentmcn\ in nny fucilily in. or in allY matter of process relat~d to receipl of any eervice or benclit under the progrum or uctivity. (i\') Restrict in IIny WDY nccess to. or in the enjoyment 01 nny advantage or privilege enjoyed by olhers in corU1ection with filcilities. 8ervices. financial aid or other benefits under lhe program or activity. Iv) Treat an individual differently Irom others in determining whether Ihe individual aatisfies any admission. enrollment. eligibility. membership. or other requirement or condition which the individunl must meet in order to be provided any facilities. eervices or other benefit provided under the program or llctivi:v. [vi) Deny an opportunity 10 participate in a program or activily as an employee. (2) A recipient may not ulilize criteria or methods of ndministration which have the effect of subjecting individuals to discrimination on the basis of race. color. notional origin. or sex. or have the effect 01 defeating or substantially impairing accomplishment of the objectives of the program or activity with respect to individuals of a particular race. color. national origin. or 8ex. (3) A recipient. in determining the site or localion of housing or facilities provided in whole or in part wilh lunds under Ihis part may not make selections of such site or location which have the eflec:t of excluding individuals from. denying them the benefits of. or subjecting them 10 discrimination on lhe B.-2 - I ground of rocC. color. national origin. ('\[ eex: or which hllve the purpo~e or effect 01 def('nlin~ or subslantially impniring the acc:umplishment of lhe objectives cf thc Act IInd of this seCtion. (4)[i)In adminislering a program or activily funded in whole or in pari wilh CD~C IlInds regnrdinR which the recipient has pre\.iously discriminoted ogainst persons on the ground of race. color. nulionul origin or eex. the recipient must tuke nffinnnlive aclian \0 overcome the effecls 01 prior discriminntion. (ii) [\'cn in the absence 01 Euch prior discrimination. a recipient in ildminislerinR a program or aclivity fllnded in whole or in part with COnG lunds should tuke offirmntive nclion 10 ovcrcome the effects of conditions which wOllld otherwise resull in limiting panicipntiun by persons 01 0 pnrlicular race. color. nalional origin or sex. Where previous discriminalory practice or uSllge lends. on Ihe ground of race. color. national origin or 8ex. to exclude individuals from parlicipation in. to deny them the benefils of. or to subject them 10 discrimina lion under any program or activily to which this parI applies. the recipient has an oblig<:lion to take reasonable action to remove or overcome the consequences of the prior discrimina lory prtlctice or usage. and to accomplish the purpose of the Act. [iii) A recipient shall nol be prohibiled by this part from laking any action eligible under Subpart e 10 ameliorale an imbalance in servicee or facililies provided to an)' geographic area or specific group 01 persona within its jurisdiclion. where the purpose of such a ction in to overcome prior discriminatory practice or usage. (5) Notwithstnnding anything 10 the contrary in Ihis eection. nothing contained herein shall be construed to prohibil any r(t.cipienl from maintaining or constructing separate living facilitie~ or rest room facilities for the different sexes. Furthennore. selectivity on the basis of sex i8 not prohibited when institutional or cllstodial services can " '1 APPEND IX E I SECTION 3 CLAUSE - I .., "-,I TilE FULLO'WING SECTION 3 CLAUSE SHALL -gE INCLUDED IN ALL CONTRACTS FUR 'WORK IN CONNECTION 'WITH A SECTION 3 PROJECT: A. The \.lork to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the l~partment of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lO\.ler income residents of the project area and contracts for \.lork in connection \.lith the project be a\.larded to business concerns \.lhich are located in, or o...rned in substantial part by persons residing in the area of the project. B. The parties to this contract \.lill comply \.lith the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of \lousing and Urban Development set forth in 24 CFR, and all applicable rules and orders of the Department issued thereunder prior to the execution ot this cont ract. The parties to this contract certify and agree that they are under no contractural or other disability \.lhich \.lould prevent them from complying \.lith these requirements. C. The contractor \.lill send to each labor organization or representative of \.lorkers.\.lith \.lhich he has a collective bargaining agreement or other contract of understanding, if any, a notice advising the said labor organization of \.lorkers' representative of his commitments under this Section 3 Clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment ort raining. D. The contractor \.lill include this Section 3 Clause in every subcontract for \.lork in connectiqn \.lith the project and \.lill, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR. The contractor \.lil1 not subcontract \.lith any subcontractor ',.ihere it has notice or kno\.lledge that the latter has been found in violation 'of regulations under 24 CFR, and \.lill not let any subcontract unless the subcontractor has first provided it \.lith a preliminary statement of ability to comply \.lith the requirements of these regulations. E. Compliance \.lith the provisions of Section 3, the regulations set forth in 24 CFR, and all applicable rules and orders of the Department issued thereunder prior to the execution of the contract, shall be a condition of the Feder!l financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors ,and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and sub- contractors, its successors, and assigns to those sanctions specified by the grant or loan agreement or contract through \.lhich Federal assistance is provided, and to such sanctions as are specified by 24 CFR 135. E-l .__) APPENDIX F NOTICE OF'.;...:QUlREMENT FOR A.fflR"1ATlVE ACT~I TO ENSURE EQUAL EMPLOYMENT OPPORTUNl T'f (EXECUTIVE ORDER 11246) 1. The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "St..andard Federal Eq\U.l Dnployment Opportunity ConstrUc- tion Contract Specifications~ set forth herein. 2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all consL~ction work in the covered area, are as follows: A. Goals for Female Utilization, All Trades: AREA COVERED Goals for Women apply nationwide. GOALS AliD 'TIMETABLES TiJnetable Goals (percent) F:::-om Apr. 1, 1978 until Mar. 31, 1979.... 3.1 From Apr. 1, 1979 until Mar. 31, 1980.... 5.1 From Apr. 1, 1980 until Har. 31, 1981. . . . 6.9 B. Goals for P~noritv Utiliza~ion: TA.!1P.~- ST. PETERSBURG, FIA., AREA Area covered: P~llsborough, Pasco, and Pi~e11as Counties, Fla. Goals a..~d Ti.met..ablesl Trade Goal (percen t) .. All. . . . . . . . . . . . . . . . . . . . . . . . . . 17.9 1For the life of the project. 7nese goals are applicable to all ~~e Contractor's const-~ction work (whether or not it is Federal or federally assisted) performed in the covered area. The Contractor's co=p1iance with the Executive Order and L~e regulations in 41 CTR Part 60-4 shall be based on its i~pleroentation of L~e Equal Opport~~ity Clause, specific affi:::-mative action obligations recruired by F-l , \ the specifications le-cfon.1-J in 41 CFR 60-4.3(a), ar'l 'ts efforts to meet the goals established for the geographical area .....he];;. L'-le contract resulting from this solicitation is to be performed. The hou=s of minority and female employment and ~aining must be substantially ~~ifor:n throughout the length of G'-le contract, and in each trade, and the contractor shall oake a good fait.h effort to employ minorities and women evenly on each of i t.S projects. ':'he transfer of minori t:Y or female employees or trainees from Contractor to Contractor or from project to project for L'-le sole purpose 0t meeting the Con~actor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance wi th G'-le goals I..'i 11 be measured against the total work hours performed. 3. TIle Contractor shall provide \.-ritten notification to the Director 0: the Office of Federal Contract Compliance Programs wi thin 10 ....or}:ing days of a....ard of any constrUction subcontract in excess of SlO,OOO at any tier for constrUction ....ork under the contract resulting from ulis solicitation. The notification shall list t.~e name, address and telephone number of the subcontractor; employer identification number; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontractl and the geographical area in ....hich the contract is to be perfo~ed. 4. ]>.5 used in this Notice, and in the contract resulting from this solici ta tion,. the "covered area" is Pinellas County, florida. 60-4.3 (a) EQUAL OPPORTm~ITY CLAUSE During the performance of this contract, the contractor agrees as follo....s: 1. Tne contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. Tne contractor will u0:e affirmative a~tion to e~sure t.~at applicants are employed, and that employees are treated curing employ~ent ....it.~out regard to their race, color, religion, sex, or national origin. Such action shall include, ~ut not be limited to the following: Employment, upgrading, demotion, or transfer; recrui t:ment or :recruitment advertising; layoff or terminatipn, rates of payor other fo:rms of compensation; and selection for training, including apprenticeship. Tne cont=acto= agrees to post in conspicuous places, available to employees anc. applicantS for e!Dploy- ment, notices to be provided setting forth the provisions of this non- discrimination clause. 2. The contractor will, in all solicitations or advertiseoents for employees placed by or on behalf of the contractor, s~te G~at all Qualified - .. applicants will receive considera~on for em?loyment ....ithout regard to . race, color, religion, sex, or national origin. 3. Tne contractor ....ill send to each labor union or representative of workers ....ith which he has a collective bargainir.g agreement or other contract or ~derstanding, a notice to be provided advising the said labor union or workers' representatives of the.contracto:r'S co~tments under G~is section, and shall post copies of L~e notice in conspicuous places avail- able to e!Dployees and applicants for emplo:~ent. F-2 40. The contractor ....ill ~"'~1P1Y ",'it.~ all provisions of [Xi _ive Order 11246 '. " of September 24, 1965, and of the rules, regulations; and relevant orders of t.~e Secretary of Labor. 5. The contractor will furnish all information and reports required by Executive Order 11246 of Septerrher 24, 1965, and by rules, regulations, and orders of t.~e Secretary of Labor, or pursuant thereto, and will perreit access to his books, records, and accounts by t.~e ac..:ninis tering agency and t.~e Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 6. In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Goverr~ent contracts or federally assisted constrUction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 7. J~e con~actor will include the portion of the sentence ~ediately preceding paragraph (1) and the provisions of paragrapb~ (1) t.~ough (7) in every subcontract or purchase order unless ex~.?ted by rules, regula- tions, or orders of the Secretary of Labor issued pursuant to section 204 of ~xecutive Order 11246 of September 24, 1965, so that such provisions will be binc..ing upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as t.~e an~inistering agency may direct as a means of enforcing such provisions, including sanctions for non-compliance: Provided, however, That in t')e even~ a con~actor ~ecomes involved in, or is threatened with, litigation with a ?ubcontractor or veneor as a result of such direction by the adr.J.nistering agency, the contractor may =equest the Uni ted Su tes to en t.er into such litigation to protect the interests of the United States. ST.~NDJ..RD FEDERAL EQUJ..L EHPLOYM-"'"NT OPPORTUNITY CONSTRUCTION COl'.'TRACT SPECITICATIONS (EXECUTIVE ORDER 11246) 1. As used in these specifications: a. MCovered area" means t.~e geoCF"aphical area desc:::-ibed :l.n t.I-Je solici t:.c.- tion f:::-o~ which t.I-Jis contract resulted. b. "D:..=ecto:::-" means Director, Office. of Fede:::-al Contract CO!npli~ce Prosr~s, Onited States Department of Labor, or any pe=son to who~ the Director delegates autho=ity. c. "D:?loye= identification nt1!nber" mear~ the Federal Social Security nurrber used on t.~e Employer's Qua:::-terly Federal Tax Return, O. S. T=easu-"')' Department Fo::-m 941. d. "P.inority" includes: F-3 " \ (1) Black (all plrs~ns having origins in any of ~~ Black Af=ican racial groups not of Hispanic originri '., (2) Hispanic (all persons of Mexic~, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regarcless of race) I (3) Asian and Pacific Islander (~ll persons having origins in Any of the original peoples of the far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands) i and (4) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations L~rough member- ship and participation or community identification). 2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any const-ruction trade, it shall physically include in each subcontract in excess of $10,000 the -provi- $~ons of these specifications and the Notice which contains the ~p- pllcable goals for minority and female participation and which is set forth in b~e solicitations from which this contract resulted. 3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown.Plan approved by L~e O. S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals <:.nd ti.metables) shall be in accordance with that Plan for those trades ~hich have ~,ions Farticipating in the Plan. Contractors must be able to demonstrate their participation in and ccmpliance wi~~ the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply wi th its obliga tions under .the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. Tne overall good faith perfo~nce by o~~er Contractors or Subcontractors ~oward a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failu=e to take good faith efforts to achieve the Plan goals and ti.me- table. 4. The Contractor shall implement the specific affirmative action standarcs provided in paragraphs )a through p of. these specifications. The goals set forth in the solici"tation from which this contract resulted are expressed as perc~tages of the total hou=s of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each const-~ction trade in-~ich 'it has employees in the covered area. The Contractor is expected to make substantially uniform progress to~ard its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement, nor tile failure by a ~,ion with whom G~e Contractor has a collective barsaining agreement, to refer ei~~er minorities or womEn shall ~:cuse the Contrac- tor's obligatiop~ ~,der these specifications, Executive Order 11246, or the re~~lations promulgated pursuant thereto. F-4 . , ,6. ....... or-de.::- far- ~.le ~O:i'~'C':/~:'::'; :.:a':";~':'rlg :10-";"::5 c':' di-r.:......::~.---.:..L~ c..;.:.J ......:..~...;...;I.;:::.J t.o be coul"lted in meeti' t..'1e goals, such apprentices ~nd ~ainees must. . be employed by the c~i\.. ...ctor during the training pe.:.-i1':and the ,.,Contracto::: must have made a commitment to employ the a~rentices and trainees at the completion of their training, subject to the availabil- ity of employment opportunities. - Trainees ~Ugt be trained pursuant to training programs ~pproved by the U. S. Department of Labor. 7. The Contractor shall take specific affirmative actions to ensure equal employment opportuni~'. ~e evaluation of the Contractor's compliance with these si-,ecifications. shall be based upon its effort to achieve maximum resul ts from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harrassment, intimidation, and coercion at all sites, and in all facilities at ",'hich the Contractor's employees are assigned to ,""ork. The Con tractor, where possible, ",'ill assign t'Wo or morc'''''omen to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are awa=e of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations ~hen the Contractor or its unions have employment opportunities available, and maintain a record of the organizations' response~. c. Haintain a current file of the na.l!\es, addresses and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a rec~i~ent source or community organization and of what 'action ~as taken ~ith respect to each such individual. If such individual was sent to t."le union hiring hall for referral and was not referred back to t."le Contractor by G~e union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefor, along with whatever additional actions the Contractor may have taken. .. d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining ag~eement has not referred to the Contractor a ~~nority person or woman sent by the Contractor, or when the Contractor has otJ1cr information that the \.:,."1ion refe.::-ral process has impeded Me Con~acto.::-'s efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs fo.::- the area ~hich expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's em?loJ~ent needs, esp€cially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7b above. f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training p.::-ograms and requesting t.~ei= coopera- tion in assisting the Contractor in I;1eeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by F-5 " I J 1,-1 publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. .g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications wiL~ all employees having any responsibility for hiring, assignment, layoff, termina- tion or other employment decisions including specific review of these items wi tl. onsi te supervisory personnel such as Superintendents, General Foremen, etc., prior.to ~~e initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject n~tter discussed, and disposition of the s~ject matter. h. Disseminate the Contractor's EEO policy externally by including it in any ~dvertising in ~~e news media, specifically including minority and female news media, and providing written notification to and dis~ussing the Contractor 's EEO policy with other Contrac- tqrs and Subcontractors with whomG~e Contractor does or antici- pates doing business. i. Direct its recruitment efforts, both oral and written, to minority, felnale and community organizations, to schools with minority and female students and to minority and female recruitoent and training organizations serving the Cont=actor's recruitment area and employ- ment needs~ Not later than one month prior to ~~e date for the ac=eptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as ~~e above describing ~~e openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, s~er and vacation emplo!~ent to minority and f~~le youth both on the site'and in other areas of a Contractor's workforce. ..... k. Validate all tests and other selection re~irements where L~e=e is an obligation to do so ~~der.4l CFR Part 60-3. 1. Conduct, at least annually, an inventory and evaluation at least of of all minority and female persor~el for promotional opportunities and encourage these employees to seek or to prepare for, ~~ough appropriate training, etc., such oppor~~ities m. ~~ure that seniority practices, jo~ classifications, work assign- ments and other personnel practices, do not have a discrim.ina tory effect by continually monitoring all personnel and employment rela ted activities to ensure that the SO policy and the Contractor I s F-6 obligations unde) these specifications are being .~ .iied out. ."", n. Ensure that all facilities and company activities are non- segrated except that separate or single-user toilet and necessary changing facilities shall be provided to assure pri vacy be tween the sexeS. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female cons~~ction contractors and suppliers, including circulation of solicitations to minori~' and female contractor associations and other business associa tions. p. Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7a through p). The efforts of a contractor association, 'joint contrac-.:or-union, contractor-community, or other similar group of which the contractor is a member and participant, may be asserted as fulfilling anyone or IJ\Ore of i t5 obligations under 7a through P of these Specifications provided that the contractor actively partic- ipa-.:es jn the group, makes every effort to assure that the group has a positive impact on the employment of minorities and wOwen in the indust-J', ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce partic- ipation, makes a good faith effort to meet its individual goals and timetables, and can provide accesS to documentation which demonstrates the effective~ess of actions taken on behalf of the Contractor. The obligation to comply, however, is the contrac-.:or's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. 9. .A single goal for xr.inorities and a separate single goal for ,""omen have been established. The Contractor, however, is required to provide equal emp~oyment opportunity and to take affirmztive action for all minority groups, both male and feffi~le, and all women, both minority and non-minority. Consequently, ~~e Con~ac-.:or may be in violation of the Executive Order if a particular group is employed in a substan- tially disparate manner (for example, even L~ough the Contractor has achieved i t5 goals for. women generally, the Contractor xr.ay be in violation of L~e Executive Order if a specific minority group 04 women is underutilized). 10_ Tne Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The Contractor shall not enter into any Subcontract with any person or fi~ debarred from Government contracts pursuant to Executive Ord~r 11246. F-7 12. The Con~ac~or Sh~~ ~arry out such sanctions and j \lties for v101a~ion of these specifications and of the Eoual~pportunity Clause, -including suspension, termination and ~ancellation of existing sub- contracts as may be imposed or ordered pursuant to Executive Order 11246, a6 amenced, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. . , lj 13. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as exten- sive as those standards prescribed in paragraph 7 of these specifica- tions, so as to achieve maximum resul ts from i.ts efforts to ensure equal employment opportuni ty. I f the Contractor fails to comply wi th the requirements of the ExeCUtive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 O'R 60-4.8. 14. The Contractor shall designate a responsible official to ~nitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, const....."'""Uction trade, union affiliation if any I employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in statuS, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be const::ued as a limitation upon the application of other laws which establish di=ferent standards of compliance or upon the application of requirements for L~e hiring of local or other area residents (e.g., those under L~e Public works Employment Act of 1977 and 'the Comm~~ity Development 310ck Gr~t program) . .. F-8 I 'J ~' , APPENDIX G OMB Circular A-IIO J . I I Office of Management and Budget Circular A-110 (7/30/76) A-110:1 OFFICE OF MANAGEMENT AND B U DG ET (Circular No. A-IIOI GRANTS AND AGREEMENTS WITH INSTI- TUTIONS OF HIGHER EDUCATION, HOSPITALS, AND OTHER NONPROFIT ORGANIZATIONS Uniform Administrative Requirements JULY I, 1976. To the hews of executive departments and estnblishmcnts. SubJect: Uniform administrative re- Quirements for grants and other agree- ments with Institutions of hizher edu- cation, hospitals, and other nonprofit organ lzatlons 1. Purposc.-This Circular' promul- gates standards for obtaining consisten- cy and unlformity among Federal agen- cies in thendministratlon of grants to, and other agreements with, public and private Institutions of higher education, publlc and private hospitals, and othcr Quasi-publlc and private nonprofit or- ganizations. This Circular docs not apply to grants, contracts, or other agreements between the Federal Government and units of State or local governments covered by Federal Management Cir- cular 74-7. 2. Effective date.-The standards in the attachments to this Circular v..ill 'be applied as soon as practicable but not later than January I, 1977. 3. Supersession.-This Circular res- cinds and replaces parts III and IV of the Appendix to Federal Management Circular 73-7, Administration of college and university research grants. 4. Policy intcnt.-Thc uniform stand- ards and requirements included in' the attachments to this Circular replace the varying and often conflicting require- ments that have been imposed by Fed- eral agencies as conditions of grants and other agreements with recipients. 5. Applicability and scopc.-Except as provided belov.', the standsrds promul- gated by this Circular are applicable to all Federal agencies. If any statue ex- pressly prescribes policies or specific re- Quirements that dilIer from the stand- ards provided herein, the prOVisions of the statute shall govern. The provisions of the attachments of this Circwar shall be applied to subre- cipients performing substantive work under grants that are passed through or awarded by the primary recipient if such subreciplents are organizations de- scribed in paragraph 1. 6. Definitions. 6.. The term "grant" means money or property provided in lieu of money paid or furnished by the Federal Government to recipients under programs that pro- vide financial assistance or that prOVide support or stimulation to' accomplish a publlc purpose. The term "other agree- ments" does not Include contracts which are required to be entered into and ad- ministered under procurement laws and regulations. Grants and other agree- ments exclude (a) technical assistance ~;o.:r_:~.s. which prOVide services imtead general revenue sharing. loans. 102..n guarant.ees. or insurance, and (c) direct. payments of any kind to individuals. b. The term "recipient" includes the following types of nonprofi I. or!:aniza- tions that are receh'ing Federal funds from a Federal agency or through a State or local government: Public and private InsUtutions of high- er education: public and private hos- pitalS: and othcr Quasi-public and pri- vate nonprofit organizations such as (but not limited to) community ll,Ction agcn- cies. research Institutes, educational as- sociations. and health ccntcrs. The term does not Include foreign or international organizations (such as agencies of the United Nations) and Go\'crnment-owncd contractor operated facilities or research centers providing continued support for mission-oriented, large scale programs that are Govern- mcnt-owned or controlled, or are de~, signed as federally-fundcd rescarch and development centers. 7. RCQucsts for cIccptions.-The Office of Management and Budget ma-y grant. exceptions from the requirements of this Circular when exceptions are not pro- hibited under exlsUng laws. However, In the interest of maximum uniformity, exceptions from the re- Quirements of the Circular v:lll be per- mitted onlv In unusual cases. Agencies may apply -more restrictive requirements to a class of recipients when approved by the Office of Management and Budget. 8. Atta.chments.-The standards pro- mulgated by this Circular are set forth in the Attachments, which arc: Attachment A Cash '''deposltorles. Attachment B BondIng and Insurance. Attnchment C RetentIon and custodial re- q u Iremen1.S for records. Attachmen.t D PrD(:"ram Income. Attachment E Cost shlU'lng ..nd matchIng. Attachment F Standards for nnanclnl maD- ngement systems. Attachment G FInancial reportIng require- ments. Attachment H MonitorIng and reporting program performance. Att.n.chment I Payment requlr"mp.nts. Attachment J Revision of flnllnclnl plans. Atta..chmen.t K Closeout procedures. Attl\chmcnt L S.uspenslon nnd termination procedures. Attachment M Standard form for awlylng for federal a5slstance. Attl\chment N Property management stand- ards. Attachment 0 Procurement standards. 9. Exceptions far ccrtain recipienis.- Notwithstanding the provisions of para- graph 7 If an applicant/recipient has a history of poor pcrformance. is not ft- nancially stable, or Its management sys- tem does not meet the standards pre- scribed in the Circular. Federal agencies may Impose additional requirements as needed prc.vided that such applicant/ recipient is notifled in writing as to: a. Why the additional standards are being Imposed: b. what corrective action is needed. Copies of such notifications shall be sent to the Oft'lce of Managemcnt and Budget and other agencies funding that recipient at U1e same time the recipient ; ~ _ _ ~ ; r: _ ..: 10. Rcsponsibilities.-Agencies rcspon- sible for administering programs U1at in- volve grants and other agreements with recipients shall issue the appropriate regulations neccssary to implement the provisions of this Circular. All portions of wch regulations t1lltt Involve record- keeping and/or reporting rCQuircmcnts subjcct to the proviSions of the Federal P.cporLs Act and OMB Circular A-40 must. be submitted to OMD for clCl\rance before being introduced into use. Upon request all regulations lInd illstruction~ implementing this Circular shall be furnished to V1C Office of Managcment and Budget. Agencics shall also desig- nate an official to servc as the agency representative on mallers relating to the !mplementation of this Circular. The name and title of such representative shall be fumL~hed to the Office of Man- :tgement and Budget not later than Au- gust 30. 1976. 11. /nQuirics.-Purlher information concerning this Circular may be obtained by contracting thc Financial Manage- menl Branch. Budget Review Division. O!flce of Management and Budget, Washington, D.C. 20503, telephone 395- 3993. JAMES T. LYNN, Director. A'ITACHMF.NT A.--CmcuLAR No. A-IIO CASH DE'r'OSITORIE5 1. This attachment sets fo"th 6tl\ndard.s governing the use of banks and otller In- stl tu tlons as cJeposl torlcs of fund" l\d"anced under grnnts an.d other agreements. 2. Except lor situations described In para- graph6 3. 4. aDd 5, no Federal sponsoring agency shall: a. Require physical 6egregl'tlon of cnsh de- positories lor lund.s ",'hlch sre provided to a recipient. b. Establish nny eligIbility rcqulr.ements for cash deposItorIes lor funds which are pro- vided to a reclplcnt. 3. A separate bank a..count shall be require "..heD applicable Jetter-of-credl~ agrecments provide that drawdo,,'n.s wlll be mr.de when the reclplent's checks lLTe presented to the bank lor pl\yment. ~. Any moneys advl\nced to n rcclplent ,,'hlch are subJert. to th~ contr~l.. Or rCL:ula- '.Ion 01 the United Slates or ..ny o:'lts omcers. rgcnts or employees' (publiC moneys is de- fined In 'nea..sury ClrcullL1" No. 1.76. lIS amended) must be deposited In a ban'k with Federal Deposit Insurance Corporation (FDIC) Insurnnce coverage nnd thc h..lance exceeding the FDIC coverage must be col- laterally secured. 5. Consistent with the natlona! gOl\! of expanding the opport\l nltles lor mInority business enterprises. recipients I'nd "\lb- recipients shall be encouraged .to use mlnor- It\. banks (a bank "..hlch Is ov.'ned at least 50 p~rcent by minority group member,,). A'ITACHMI:NT B.-CIRCOLAR No. A-I] 0 BONDING AND INSURANce :. This attachment sets forth bonding nnd Insurance requirements for grants and other ng-recments v.-1th recipients. No othcr bond- Ing and Insurancc requlremeM.s "h..lI be Im- posed other thaD those normally required by the recipient. 2. Except as otherwise required by In,,'. a grant or other agreement that reqUire" the contr6cttng (or subcontrA.cttn~) for con- ~truC'tlon or fnclltty lmprovement~ shnll pro- ....,~ ,__ .\-... _,..._'_'.-__' ,,-, '..."......... ~'(' n"-') ..,,- I Office of Management and Budget Circular A.110 (7/30/76) qulrementJ; relating to bid gus.rantees. per- 10rmAIlce bondB. ..nd payment bond! unless tbe construction contr&Ct or subconuact ex- ceedB tlOO.OOO. For those ooDltrBct.6 or sub- contl"1l.CU exceeding a 100.000. the Federal agency may accept the bonding policy and requirements 01 the grantee provided the Federal agency hall made- a determination tbat the Government'. Interest 111 adequately protected. l! .uch a determination bas not been ma.de. the minimum requirements .hall be lIS 101l0Vo's: a. A lXd VUa.T"nlee Irerm etu::h bllUUr equiv- alent 10 JIve percent 01 lhe bIG price.- The "bid guaran.tee" shall conslllt 01 a firm commitment 8uch as a bid bond. certl1led. cbeck. or other negotiable Instrument BC- companying a bid all assurance that tbe bid- der will. upon accept.Ance 01 hl1l bid. execute such contractUAl documents IL3 may be re- quIred within the time 8peCl1led. b. A per/ormanl;e band on the part 01 Ihe contrtu::tor lor 100 percenl 01 the ccmtrtu::t pt"lce.-A "per1orm..nce bond" Is one executed In connection with a contrnct to secure lul- lUlment 01 all the contrBctor'. obligAtions under 8uch contrl\.Ct. c. A. payment band on the part 01 the con- trtu::tor lor 100 percent 01 the contract priee.-A "payment bond" Is one executed In connection with a contract to M.ure pay- ment all required by law or all persons sup- plying labor and ma t.erlal In tbe execution of tbe work provided for In the eon tract. 3. Where the Pederal Government guaran- t.ees or Insuru tn~ repayment of money borrowed by the recipient. the Federal agency. at 1t.6 discretion. may require a.de- quate bonding a.nd 1n.sur..nce l! the bondlng ..nd Insurance requirements of the recipient are not deemed a.dequat.e to protect tbe In- t.ere.st of the l"eder..1 Government. ~. The Ped.eral 8potlllOrlng agency may re- quire a.dequat.e fidelity bond coverage ....bere tbe reCipient bas no coverage and tb. bond 111 needed lto protect the Government.. Int.erest. :i. Where boncl8 are ~ulred In the 8Itu.- tlon.. descrlbed above. the boncl8 .hall be ob- tained from companlell holding certificate<! of authority .... acceptable .uretles (31 CP'R 2n). ATTACRWXNT C.--CnctlLAll No. A-ll0 krn;NTION ANt> ctlSTOOIAL JU:Qtrnt%>a:NT8 roa .~Oa.o8 1. Th16 attachment ..el.e fortb record reten- tion requlrements for ~ants and other agree- ment.. ....Ith recipient... Federal spoDBOrlng a.g<>nclell shall not ImJ>O"e any record reten- tlon requirement.. upon reclplent.6 otber tban thO&e descrlbod belo..... 2. Excelli for paragT&ph I. thl. attachment albo appllell to ..ubreclplent.6 lIS reterred to In paragraph 1\ of the b8.lllc circular. 3. P'1nanclal recorcl8. 8Upportlng document... .tatlstlcal record.6. and all other records perti- nent to an ap-eement &ball be retained tor a periOd ot three ye&nl. wltb the tollo"'1ng queJI!lcatlon.. : ~ It a.ny litIgation. clalm or audit la .t.a.rted be. ore the expiratIon ot the 3-year periOd tbe ..-..oord.6 &ball be retained un tll all 11 tl,:..tioDl; clalms. or audIt find1ng-slnvolvlng the recor~ hAve been ~lve<1 b. R<<:on:ls tor n~nexpend..ble property &e- QUIre<1 ....It.h P'ederlll tunc1& &ball be retained tor 3 yca.n atler Il.e final dlllJ>O'lltlon c. WOon rt'<'<lrds are tranBterred U, or maln talned by tbe Federal ~oD&Ortng agency th~ ~;~enrto treb kntlon re<:julrcmtnt III not a"p'llca- e recipient. ~. The ret.en tlon period Slli...'"t8 from the dak of tbe subm.laalon of tbe final upend1- tw-e report or. tor grants and other agree- :..e~t.. tbat are rene....ed ..nQually. troto the n of the "ubmb&lon of the a.onueJ mLnelal .t..o.tWl re-port. 6. Recipient organlutlons should be au- thorized b)" the Federal sponsoring "teney. l! they 60 desire. to substitute mJcrofilm copies In lieu of orll'"lnal records. 6. The Federal sponaorJ.n& "tenc}' shall re- quest tr..nsler of certain record. to Its cw- tad)" trom recipient organlutlons ,,'hen It de~ermJnes that the recorcl8 pO&Scss long- term ret.entlon value. However. In order to avoid dupllcate record-keeping. a Federal aponsorLng agency may make arrangement.6 ..1th re<:elplent organLzatlons to retain any records that are contlnuoU8ly needed tor Joint use. 7. The head of the Federal 8ponsorlng "ten- c)" and the Comptroller Oeneral ot the United StAtes. or any or their duly authorized repre- 8entatlVell. ..hall h..ve acceas to an}' pertLnent books, documents. paper8. and records of the reCipient organization and their ..ubre- clplents to mAke audIt... examJnatlons. n- cerpts and tran.crlpts. 8. Unless otherwllle required by la..... no Pederal aponsorlng agency ...... III I pl&Ce re- strlclloIll\ on recipient orglUl1zatloIlll tbat will limit public access to the rcoon1s or recipient organIzAtIons th..t are pertinent to a grant or agreement excep"t ....ben the agency can demonstrat.e th..t 8uch records must bc kept confidential and would have been excepted from dl1lclOllure punlUant to the Freedom of Intormatlon Act (6 U.S.C. 662) l! tbe recordB had belonged to the Federal sponsortng agency. A"ITACHJ>aNT D.--CmcuLAlt No. A-1I0 nOGaAh! U'COloU 1. Federal "poDBOrlng ~ncles shall apply the ..tandardB .et torth In thl6 atta.cbment In requiring recIpient organizatIons to a..ccount tor program Income related to project<! fiDB.nced In ....hole or In part w1th Federal tunc1&. Prognun Income represent.6 groaa In- come ....rnod by the recipient from the fed- erally 8upported &Ctlvltles. Such earnlng-s ex- clude Interest earned on a.dvancell and may Include. but wUI not be IlmJted to. Income from 8ervlce tees. 8ale of commodJtles. uaage or rental fees. a.nd royalties on pat.en.l.e and coprlghtB. 2. Int.erest earned on advances of Federal funds ..lull be remItted to the Federal agency except t or In t.eres t earn od on ad va.noes 'to Stat.e& or IIlBtrumen.ta.Jltlee of a Stat.e a.s pro- vided by the IntergovernmentAl Cooperatlon Act of 1968 (Publlc lA.... ~77). 3. Proce<<1s from tbe &ale of reo..l and per- 80nal property either provided byUle Ped- eral Government or purcbased In whole or In part w1tb Federal tunds. ..baJJ be blUldlod lD aceon:lance w1tb Attachment l' to tbla cir- cular perta.Jnlng to property m..a.nAgemen t ~. Unle& tbe agreement provld.., other- wise. recipient>! "hall b..ve no obligation to the P'edereJ Government. w1tb rellpect to royaJtlell receIved 8.ll a reBult of copyrlgbl.e or pat.entll produced under tbe ~ant or other agreement (&ee par&gT&pb 8. Attachment N). 6. All other program Inoome earned during the project period &hall be retalned by the recipient. and. In accorda..."lce ....Ith the grant or other ~eement. .hall be: a.' Added to tunds cOnunJtt.ed to the proJ- ect by tbe l"ederal spon&Orlng ..gencv a.nd recIpient organIzAtIon and be uaed to t~rtber eligible program objectives: b. U8ed to finan~ tbe non-Federnl &bs.re 01 tbe project wben approved by the Poderal 8pOD.80rlD8 agency; or c. ~ucted from the t<>tal project C06t.6 In det.ermlnlng the net COIlts on which the r"eden.1 &bare ot cost.6 wUl be baaed. ATTACSJoLrw-r I:.--CIRCUt..U No. A-IIO COB'T !I H..A.1I}fC A:HD ).( A TCHIN 0 1. Thill &tt&c.hment 8et>! torth criteria ..nd Pr-oce<lur.... tor the ..llo......bUltT o! cJU'.h n"fl I A-110:2 In-kind contrlbutlon.. ma.de by reClplent.6 or ,ubreclplents (as referred Lo In para~aph 5 01 the basic circular). or tblrd parties In 8al- lJ;fylng cost .harLng a.nd matching requlre- ment.6 01 Federal sponsoring agencIes. Thl' attachment al80 establl.s.hes criteria tor the e...luatlon of In-kInd contrlbutlons ma.de by third partie.. &nd ..upplements lb. guidance set torth In Federal Management Circular 73-3 ....1l1h r...pect to cost sharing on teder- ally-.ponsorrd research. 2. The lollowlng definItions apply tor the purpose or thl6 attAChment: &. Project c031..-ProJect co.l.e are all aJ- IOW1\ble coot.6 (/1.5 set torth In the applicable Federal coot prLnclples) Incurred by a recIpi- ent and the value ot the In-kind contrlbu- tlODS made by the reclplen t or third partles In accomplishing the obJectlve. of tbe grant or other a~eement during the project or pro- gram period. b. Co3t .h.arln" and 171<>lchln".-ln general. cost 8bD-rlng and matching repr"""nt thst portlon or project or program C08t.. not borne by the Fedel"1\1 Government. c. Ccuh contrlbutlon.!.--Ce.sh contributions iepreeent the recipient'.. c....h outlay, includ- Ing the outl&y or money contrIbuted to the recipient by non-Pederal tblrd ps.rtles. d. In-kind contrlbuttm..l.-ln-klnd contrl- butlonr. repreocnt the value of nonca..sh con- trIbutions provIded by tbe recipIent and non-Federal third parties. Only when au- l1borlzed by Fede".l legl.la tlon. may property purchased wi th Fecle".l funC1..8 be coIlllld.ered IL3 the reclplent's In-ldnd contrlbutlon.. In- kind contributions may be In the form of ch..rgee tor real property and non-exp..nd- able persona.l property. and the v 0.1 ue of goods ..nd &ervlcee dlrectly benefiting ..nd 8pecl1lcally Identl1lable to Ule project or program. 3. General guIdelines tor computing cost abs.rmg or IDA tchlng are .... folloW!!: a' COst &baring or matching m.ay consist of: (I) Charge.s lncurred by tbe recIpient .... project costs. (Not all chargee require C&Sh outlays by tbe recipient during 11he project period; eXAmples are depreciation and U8e chargee ror buUdingz and equlpment.) (2) Project cosl.e financed 'Witb C&Sh con- tributed or donated to tbe recipient by other non-P'ederal pubUc ~ncl.es and 1n.stltutlons. and prlve.le organizations and Indlvldun.ls and . (3) Project costs repreeented by r.ervlcee and real ..nd pe/"llOnal property. or uee there- 01. donated by otber non-l"ederal publlc agencl... and Instltutlons. And prlJr..t.e org-a- nlzatlons and Indlrtdun.ls. '\ b. All oonl.11butlona, both ca..sh and 1n- kine!.. &ball be a.ceepted &ll pe.rt. of the reclpl- en t., coot .ba.:1ng ..nd m.atchlng ....ben ;mch contributIons meet all of th.e followtng criteria : (I) Are verUlable from the recipient.. record.:s: (2) Are not Included.... contributions tor any other toderally-a.ul.ted program; (3) Are noceJl8arj &nd retl-OOnable tor prop- er &nd elllclent ..ccompl1Abment ot proJec-l obJectIves; (~) An types of cbs.rg-es thAt would be &1- lo.....ble under tbe a.ppllca.ble ooet prlnclplee; (6) An not paid by the P'ederal Govern- ment under anotber """Irt&nce agn.ement (unlell' tbe agreement 1.0 &u"tbor1zed by l"ed- erallAw to be u.eed for eo<st..lu.rlng or m.e.tcb- Ing): (6) An provided ror In the ..pproved budg- et ....ben r~Ulrod by the l"eden.1 agency; and (7) ConIorm to other proVllllon.< of Ul1.o att..ebmect. ~. V..lu... tor reoclplent lD-klnd contribu- tions wUI be establl'1bod In &ccordance ...-lib the ..ppllc:able cost prlnclpl.... 5. Sf><'cl!lc proc<>du,..... tor tbe reoclplents In f":.o:.t./I.hl1."\hl;,C' t'h,. 't'r~J'l'" nr l'r'_l--lnf'l ,....,...~,....1h"- I Office of Management and Budget Circular A-110 (7/30/76) tlons from non-Federal third parties arc ,et forth below: a. Va/lIation 01 t'O/lInteer -'Crviccs.-\'olun- teer scrvle.es may be fl1rnl~hed by professional and technical personnel, consultants. and other skilled and unskilled labor. Volunteer sen'lees may be counted a' cost ~harlnb or ml\tchlng If the ser\'lce Is an Integral and necessary part of nn a ppro\'ed proJ:rnm. (I) nate.' for volunteer scrvicc.,.-Rates lor volunteerR Rho\11d he cOI1~lslcnt with t.ho~c paid for similar work In the reeiplent's organl..atlon. In tho~e Instances In which the required skills arc not. lound In the recipient organl..atlon. rates should be conslstcnt with tho,. pnld for similar work In the labor mar- ket In whIch the recipient competes tor the kind at services In\'olved. (2) Volllntcers ~m1'loycd by othcr organ i- zati07lS.-When an employer other than the recipient furnl~hes the services of an em- ployee. these servIces shall 'pc valued at the employee's regular rate of pay (exclusl\'e of trlnge benefits I\nd overhead costs) provided these services arc In the same skill for which the employee Is norml\lIy pnld. b. Valuation 01 donated, cIpcnctablc pcr- sonal propcrty.-Donated, expendnble per- sonl\! property Includes such IIP-ms as ex- pendable equipment, office supplies. !abora- tor}' . supplies or workshop and clnssroom supplies. Value assessed to expendable per- sona! property Included In the cost or match- Ing. share should be reasonable and should not exceed the market vlLlue of the property at the time of the donation. c. Valuation 01 donated. nonczpcnd<1blc personal propcrty, buildings, and land or tLSe thereo/. (I) Thc method used lor chargIng cost sharIng or matching for donated nonex- pend able personal property. buildings and land mny dltTer according to the purpose of the grant or other agreement as follows: (a) It the purpose 01 the grant or other agreement Is t.o assIst the reCipIent In the acquisition of equipment. buildings or land. the tot...l value of the donated property ma}' be claImed as cost sharIng or matchIng. (b) It the purpose 01 the agreement Is to support acll\'ltles that require the use of eqUipment. buildings or land. depreciation or Use charges lor equIpment and buildIngs may be made. The full value of equloment or other capital assets "nd faIr rent~l chlU".((es for land may be allowed provided that the Federal agency has approved the charges. (2) The value of donated property wl\1 be determined In accordance with the usual accounting policies of the recipient with the lollowlng quallficatlons: (a) Land and buildings.-The value of donated land and buildings may not. exceed Its fILlr market vl\lue. at the time of donl\tlon to the recIpient as established by an Inde- pendent appraiser (e.g.. certified real prop- crt). appraiser or GSA representatives) I\nd certified by a responsible offtclal of the recipient. (b) NonCIpCnd<lblc pcr.so""l pTO'pert!J.- The value of donILted nonexpendable personal property shall not exceed the fair market value of equipment and property of the snme age and condition at the time of donntlon. (c) Use 01 spacc.-The value of donated space shall not exceed the fair rental \'alt:e of compl\rnhle space as establl..hed by nn Independent appraisal of com,mnble space and facilities In a privately-owned building In the same localltr:. (d) Loancd cqilipmcnt..-The vnlue of loaned equipment shall not exceed Its fair rental vallle. 6. The followIng requirements perl.aln to the recipient's supporting recortls for In- kind cont.r,lb\1t1ons frorn llon~Fcdrrnl third n?:-rl,"':: n. Vohll1leer services must be document.ed nnd. to the extent lel\.,lhle. supported by the same methods used by the recipIent for 115 employees. b. The basis for detcrmlnlng the vahHltlon for persollal sen'lces. material. equlpmcnt, buildings and land mllst be documented. ATTACHMENT F.--CUlcuLAa No. A-lID STANOARUS Fon FINANCiAL MANAGEMENT SYSTEMS I. TIlls attachment prescribes stnndards lor financial managemcnt systems of recipients. Federal spOI"orlng a(:entles shall not Impose addltlo'nal standards on recipients unless spe- cifically provided for In the nppllcable sta- tutes (e.g.. the Joint Pllndln!; Simplification Act. P,L. 93-510) or other ntt..'lchments to this circular. However, Federnl spOllsorlng agen- cies arc encournged to make suggestions and assist recipients In estbILlIshlne or Improving flnnnclal manlLgement systems when such IL'. slstanct' Is needed or requested. 2. Recipients' financial management sys- tems shall provIde lor: l\. Accurate. current and complete disclo- sure 01 the financial results 01 each ledcrnlly sponsored project or program In accorc\nnce with the reporting requirements set lorth In Attachment G to this circular. \Vhen a F'ed- eral sponsorIng ngency requires reporting on an accrual basis, the recIpient shall not be requIred to estnbllsh an aecrllal accountIng S\'stem but shall develop such accruBI dntB f~r Its reports on the bnsls 01 an analysIs 01 the documentation on hand. b. Records that Identify adequately the source and appllcatlon of lunds lor fedemll)- sponsored activIties. These records shall con- tain Inlormatlon pertaining to Pedcral awards. authorlzatlon3. obligations. unobli- gated balances. assets. outlays. and Income. c. Etlectlve control over and accountabilIty lor all funds. property and other assets. Re- cIpients shall adequatel}' safeguard all such. assets and shall assure that the)' are used solely lor authorlz-ed purposes. d. ComparIson 01 actual outlays with bud- get amounts lor each grant or other agree- ment. Whenever appropriate or required by the Federal sponsoring agency'- financial In- formation should b~ related to performance and unit cost datI'. e. Procedures to mlnlml:oe the lime elapsing between the transfer of funds from the U.S. Treasury and the disbursement by the recip- Ient. whenever funds are advanced by the Federal Government. When advances nre mnde b}' a letter-of-credit method. the recIp- Ient shall make drawdo....ns as close as pos- sible to the tIme 01 making disbursements. 1. Procedures lor determIning the reason- ableness. allowablllt). and allocablllty 01 costs In accordance wIth the provisions of the ap- pllcable Feder..l cost principles and the terms of the grant or other agreement. g. ACCountIng records that are supported by source documentation. h. Exnmlnatlons In the form of audits or Internal audits. Such audits shall be made b)' quallfied Indi\'iduals who nre sufftclcntly Independent of those who authorize the ex- penditure of FedeN,1 lunds. to produce un- biased opinions. conclusions or judgments. They shnll meet tlle Independence criteria along the llnes of Chapter 3. Part 3 of the U.S. General Accounting ornce publlcatlon, Stnndard, for Audit of Governmenul Oq;nn- Iz.ations. Prol;rnms. Actl\'llles and Functions. Thcs~ cXf\n1inations nre intended to ascer. tnln tile effectiveness of the financial mnn~ agement systems and Internal procedures' that ha\'e been establlshed to meet the terms and conditions of the al!reemenl.,. It Is not Intended that each agreement awarded to the recipient be examined. Generally. examlna- UOll;'; should be ~onductcd (in an or~nnlzn. .,,,y,_.p..#l.... '--,no::!o:;;. 1(") '''';.t thr> (1<:.(':11 1nl"'''''''ill.\' nf I ') A-110:3 financIal transactloll', a.' well as compliance with the term, and conditions or the Federal grc.nts and other agreements. SlIch tests would Include an appropriate sampllng 01 Federal ngreements. Exnmlnatlolls will be conducted with rel\sonable Ireqllency. on a cont.lnlllng b.,sls or lit ~chedulec\ Inter\'als. usually nnnually. but not le~s frequcnt.ly than e,'ery two years. Tile frequency of these ex- nmlnatlon, shall depend upon the lIatllre. sl.", and the complexity of the nct\'lIty. These exanllnallons do not relieve f'c<jeral agencies of their audit responsibilities, but mn)' IIITect the frequency and scope 01 such nudlts. \. A s,'stematlc method 10 assllre llmelv and npprop~lnte resollltlon of audit findlng~ and recommendations. 3. Primary recipients shall require subre- clplents (IlS defined In pnragraph 5 of the basic circular) to Ildopt the standnrds In parngraph 2. above except for the require- ment Insubparagrl\ph 2e. regnrdlng the use' of the letter-aI-credit method Ilnd thnt part 01 .s.ubparngrnph 2a, rcgardlne reporting (arms and Irequencles prescribed In Attllch- ment, G to this circular. ATTACHMENT G.-CIRCULAa No. A-lID rINANCLAL RCPOn.TrN'C ReQUIREMENTS 1. This at\J\chment prescribes unl/orm re- portlne procedures lor recIpients to: sum- marize expenditures made and Federal funds unexpended for each award. report the status of Federal cash advanced. request ad\"8nces and reimbursement when the letter-aI-credIt method Is not used; Bnd promulgates stand- Rrt'. forms Incident thereto. 2. The follo,,'lng definltlons apply lor pur- poses at this attachment: n. Accrucd czpcnditures.-Accrued ex- pendItures are the charges Incurred by the recIpient during a gl veD period requIrIng the provIsion of lunds for: (I) goods and other tangible property received; (2) servIces per- lormed by employees. contractors. subreclpl- ents. and otber payees. and (3) other Bmounts becoming owed under programs for which no current services or performance l.!! required. b. Accrued inc017'c.-Accrued Income Is the sum of (I) earnings during a gl'\'en perIod Irom (I) servIces ..performed by the recIpi- ent: and (II) goods and other tlUlglble property delivered to purchasers; and (2) amounts becoming owed to the recipIent lor whl.l;.h no current services or performance Is required by the recipient. c. Fedcral lund, authorizcd.-Federal funds authorized Ilr.. the total amount of Federal funds obllgated by tlie Federal Gov- ernment lor use by the recipient. Thl.!! amount may include any nuthorlzed carry.. over of unobligated lunds from prior fiscal years when permitted b}' 11\ w or agency regulation. d. In-kind contTibution.s.-In-klnd COD- trlbutlons are defined In Attachment E to thl~ circular. e. Ob/ipations.-Obllgntlons arc the amounts 01 orders plllced, contrl\cts and grllnts awarded. services received. and Simi- lar transactions during a (:I\'en perIod thllt ,,'l\l requIre payment by the recipient during the same or a luture period. I. OuUa!ls.-Outla)'~ or expenditures repre- sent charges made to the project or program. They ml\Y be reported on a cash or accrual bnsts. For reports prepared on a cash basis, outlnys arc the sum of actual cash dlsburse- menl.~ lor direct charges for goods I\nd ser\'- Ices. the amollnt of Indirect expense charged. the \'allle of In-kind contrlblltlons applied, :'1nd the amount of CAsh ndvances and pay- ment.. made to subreclpients. For repor\.s pre- pared on an accrual basis, outla)'s are the ~um of R.ct\Hd ensh dl~b\1rscment.s for dlrect <..:lH\r~C~ for ~I)Od5 :\nd :"cr\'lcc5. the nmount 0~ lnr!lr(''''~ f'~:f'f'11~(" IJH'urr,:,d. t.he \'nJur of 1n- I Office of Management and Budget Circular A-110 (7/30/76) kind contrlblltlon. I\pplled, I\nd the net In- crf'R.~~ .for drcrr.A.~"l In the ntllO\lnt.~ owt"d by the recipIent lor f,OOilil 1\",1 olher prop"l)' re<:elved lor servlce8 perlormed by employ- ee:;, co~trBctor., .ubreclplen~ Bnd other pAyee. and other amoun~ becomIng owed under programs lor ,,'hlch no current .erv- ICel! or performancc are required. g. Prollram lru:ome.-PTogram Income I. denned In Attachment 0 of thle circular. It mBY be reported on a c....h or "ccrUl.1 basis, whichever III used for reporting outlay.. h. Unobligated balance.-The unobligAted balance I. the portion of the funclll author- Ized by the Federal spon!lOrlng agency that h.... not been obllgBted by the recipient Bnd Is determined by deducting the cumulative obligAtiOns from tbe cumulative funclll aU- thorized. I. unllqutdated obltgallo1U.-Yor repor~ prepAred on a cash' bMI.. unllquldBted obll- flltlon. repre..nt the'-omount of obligations Incurred by the recIpient that h... not been paid. For reporlll prepared on an accrued ex- pendIture b....I.. they represent the I\mount of obllgl\tlon. Incurred by the reclpleot tor whlcb I\n outlay has not been recorded. 3. Only the followIng forms will be BU- thorlzed for obtaining finaoclal Information lrom reclplenlll. a. Ffn.oncial Statu, Report (Exhtblt 1). (I) Each rederal 'pon5orlng agency ehBII require reclplent.ll to lUe the etAndardlzed Tlnanclal StatuS Report to report the .tAtu. of funclll lor all noncorultructlon projec~ or programs. The Federal sponsoring agencies. may, nowever, have the option 01 not re- quiring the f'lnanclal Statu. Report when the Reque.t for Ad,'ance or Reimbursement (peragrBph 4a I or Report of Federal Cash Tran.&Bctlorul (paragrBph 3b) III determined to provide adequBte InformatIon to meet their needs. except that annal f'loanclal StBtU' Report shall be required at the com- pletion. of the project when the Request for Advance or Reimbursement form Is u.ed only for advances. (2) The Federal sponsoring agency shall prescribe whether the report ehBll be on a c....b or accrual bB.Slll. If the Federal .ponsor- Ing agency requires accrual InformBtlon and tbe recipient'. a<:countlng records Bre not normBlly kept 00 the Bccrual bMIll, the re- cIpIent shall not be required to convert I~ Bccountlng system, but shBll develop such accruBI Informl\tlon through best estimates based on an anBlysl. of the <!ocumentAtlon on hBnd. (3) The Federal sponsoring agency shall determine the frequency of the f'lnBnclal Status Report for eBch project or program consIderIng the size Bnd complexity of the parllculBr project or progrBm. However, the report ShBII not be requlrcd more frequentl~. thBn qUBrterly or less frequenlly than an- nually except B.S provided In subparagrnph 3a{ 1) Bbove. A nnal report shBll be required at the completion of the agreement. (4) Federal sponsoring agencies shl\lI re- quire reclplen~ to submit the FlnanclBI Statu. Report (orlglnRI and no more thRn lwu c.:llplr.~) no JA.lrT t.hnn :10 c1:\~'!i' pUr.r thr ~nd or ~nch sl'cclUcd reporting period rur quarterly "nd semI-annual reports, Ilnd 90 days for BnnuAI And nnal report.. Extensions to reporllng due dntes may be grBnted upon request of the recIpIent. b. Report 01 Federal Ca"h TranMcljon. (EIhibll 2). (I) VI'hen funds are Bdvanced to reclplenlll through letter. of credit or with Treasury checks, the FederBI sponsoring agencIes shllll require each recipient to ~ub. mlt a Repart 01 Federal Cash TrBnAAcllons. The Federal sponsoring nsency shllll u~e thl. report to monitor cash odvanced to recIpients and to obtain dIsbursement Information for each Agreement from the reclplen~. (2) Federal sponsoring agencies may re- quire forecasts or Federal clL9h requIrements In the "RemMks" section of the report. (3) Wh~n prllcllcal and deemed neee.snry, the Federal sponsoring agencies mBY requIre recclp~ to report In the "Remarks" Hcllon the ..mount of CAsh advance. In exce... of three day.' requirements In the hnnd. 01 .ub- recIpients Bnd to provIde short nBrrBlIve ex- plnnll',lons of acllon. tRken by the recIpients to reduce thle exce.J blllance.. (4) RecIpIents shall be required to submit not mare than the original and two cop Ie. of the Report of FederlLl Cash TnnsBctlolUl 15 working dlt~'s followIng the end of each quarter. The Federal spon~orlng agencIes may requIre a monthly report from those recipients receIving Ildvan.:e. totaling "I million or more per year. (5) Federal sponsoring agencIes mllY wBlve the requirement for subml!Slon of the Report of Federal Cash TTansactlons when monthly advances 10 not exceed $\0,000 per recipIent. provided that such advance3 are monitored through other forms contained In..thls at- u.ehment, or If, In tbe Federal .ponsorlng ngeney'. opinion. the reclplent's accounting control. Are adequate to minimize excessive Federal advances. . 4. Except as noted below, only the follow- Ing form. will be authorIzed for the reclpl- en~J In requesting advances and reImburse- ments. a. Reque,t lor Advonce or Reimbursement (EXhibll 3). (I) Ench Federal sponsorIng agency shall adopt the Request for Advance or Reimburse- ment as a stBndardlzed form for all noncon- .tructlon progrBms when letters-or-credlt or predetermined advance methods are not used. Federal sponsoring Bgencles. however. have the opllon of using thh form for construc- tion programs In lieu of the Outlay Report and Re:juest for Reimbursement for Con- struction Progr..m. (subparagraph 4b). (2) RecIpIents shBII be authorized to sub- mit requests for advances and reImburse- ments at least monthly when lellers-of- credIt Me not used. Federl\l sponsorIng agencies shall not require the subml.slon of more than the orlglnlll and two copies of the Request tor AdvlUlce or Reimbursement. , A-110:4 b. Outlay rcpor, and Trqlu~.~t lor Trim. h,'T",.mrnt lor ("(l1Htruction 7"09rnJlI,'; (FT- /lI/11 r 4), (I) Ench Federal r.ponsorlng I\geney ~hRII Rdopt the Outlay Report Rnd Request for Re- Imbur,ement for Construction I'rogrnms B' the st3.ndardlzed format to be ufCd lor rt- qllestlng reImbursement for construction program.. The Feder..1 sponsorlt:g Rgencles mill'. however. hBve the opllon 01 ,"bstllut- Ing the Request for AdvRnce or Reimburse- ment Porm (subparBgraph 4R) when the Federal Itgencles determine that It provides ndequnt.e Informntlon to meet lhelr needs. (2) Recipients shall be authorized to ""b- mlt requests lor reimbursement nt leRSt monthll' when letters-of -credit nre not used. Federal sponsorlns Rgencles shBII not require more than the orlglnnl I\nd two copIes of the Oulla)' Report Bnd Request for Reimburse- ment for Construction PTOgTllms. 5. When the Federa. sponsoring I\{!encles need nddltlonRI Informntlon In usln~ these forms or more frequent reports. the following shl\ll be observed: . a. When ..ddlllonl\l Information l~ needed to comply with Icglslntlve requlremcnts. Federal sponsoring agencies shBII Issue In- slructlons to require reclplent.s to sllbmlt .lIch Inlormatlon under the "Remarks" sec- tion of the report.~. b. When necessary to meet speelnc pro- gHm needs FederBI sponsoring agencies shall submit th~ proposed reporting requirements to lhe Flnancll\l Management BrBnch. Budget RevIew DIvision. Omce of Mana~ement Bnd Budget for BpprovBI prIor to submLo;slon of the reports for clearan.., under the pro- visIons or OMB CIrcular No. A-40. c. When a Federal sponsoring agenc)' hRs delermlned that a recIpIent'. accounting sys- tem does not meet the StlLlldnrds for FI- nanel!>l Management contaIned In Attach- mcnt F to this circular. BddltlonRI pertinent Information to further monitor grBnts and other agreements mny be obtaIned upon wrItten notice to the recIpIent until such time ..s the system Is brought up to standard. d. The Federa) sponsoring agenc)', In ob- t.lllnlng InformBtlon as In pRragrRphs B. b and c above, mu',' comply with report clear- Rnce requirements of the Office of Manage- ment and Budget CIrcular No. A-40. B.S re- vised. 6. Feder..1 sponsoring agencies hRve the option of shadIng out any line Item on Rny report .thnt Is unnecessnr~' for decision-mak- Ing purposes. 7: Federn) sponsorIng Bgencle~ should BC- ccpt the Identical Inlormatlon 1rom the re- cipients In machIne usable formBI ;rr com- puter prIntouts In lieu or prescribed forml\ts. 8. Federal sponsorIng ..gencle:; may p,ro- vide computer outputs to recipIents ,,'hen It will expedIte or contrIbute to the Bccuracy of reporting. II. Federl\l sponsorIng agencies are nuthor- 17.ed to reproduce these forms. Thc lorms for reproduction purposes CRn be obtaIned Irom the Omce of Man:>gement and Budget. FINANCIAL STATUS REPORT I. '(D(ftAl AQIMCT ANO OJItQ,AHILAnOM." 'U"'HT TO WHICH .-.P"O"" II .U....ITr[D 2. "D''''' ....NT D~ .".,... 1Dt:HT1,..."Q \ ~MB ~PDrovod \ ..~. D' "UWO,' ND. aO-ROIBO 1 (F'l'tUOtIJ t,u'lrudi07U on ell. bn.ck) ~AC[$ I. RlCIP'1[Nr ORaANIlAnaH fN~......... c_"I", edA...... i.d....ll...o, Zlr ~e~.) 4. U,.n.oY(~ IDt.Hn'lCA TlON HU" IIR l. IttCI"tHT Aceourn HU"II" Ollt ID(H1'U'TIf'tG Hu.ntlll L ",..". IU:."OIff I J. 1...511 o YU CJ NO o CASH n ACCRUAl .. p'ItOJ(C'T/aMHT "'"00 IJ"'...,_I","",) ,. 1"'[11100 CQVtJll'tD IT TM.' "tP"ORT ,,,OW IH".f~. lI4.. ......, I TO (......lA. .... ....., !"AON I "'..'''. d... ..., I TO ,.Ilf_Il., ~O.. ....., J. STATUS OF F\JHOS (.) (b) (.) (d) (.J (f) TOT~L P ROO R~M S I FU NCTlONS I "CTIVIT I ES ~ (g) r~et ouU"ys previously reportM $ $ $ $ $ $ $ Total outleys this te~ort period [..fU: Proflnm Income credlh Nf't outlays 'hi, ,e()ort Dt!riod (Lin, It mi""J li", c t I Net outleys 10 date I (Lin" 4 plu.. lin, d) , . i I Ltu.' Hon.Federltl shAre of outlay' Total Federal !her. 0' outlay' (Li"~ e! minu, rin, IJ 1 I I ToUI unliQuidated oblillatlon' Lt'4: rfon.F&dflral shar., of unliquidated obl111tlonl !hown on IIn. h F~f1rlll ,hltl 0' unllquld.t8d obligation, .' Tot!1 Feder"l shere of outlays and unlIQuidated obH,..t1ons Tot.1 cumuletivl amount of F,denl fundi authorized '. Un"bllgettW! blllflnc:a 01 Fedlnllundl .. TYPE 0' RATE ,."OVISIOHAll 0 PRtDntANINW u. tl,"lnCA flON SIGN" TURE OF "UTHORIZEO CERTIF'!'ING DATE REPORT (PI=, ",T" in "1'1""0"";01' b<n) 0 0"..... o ....D I cortlly tD tho _t DI my knowlod.o ond M- OFFlCI"L SUBMlrTEO I. 10."feT Ie. 8AS[ I d. TOT At. AMOUNT I" 'tDEAAl IHARI lief thtt thll report II correct .nd c:omplett .nd tMNU b. RAn; thAt ,n outl.Y" .nd unllquld.tttd oblllrsUon, TYf'(O OR PRINTED H"ME "NO TITLE TELEPHONE (",..a ,lJ'1'. . ,,.. for the purpos.. ut forth In the .....n:t ,",14mb.,. 4"d nr"U1O'ft) .. It'W"RKS: ,411_'\ .... n~t"...... <11.._..4 ____. (1r i..,~,,,,.. ,....'." ay F___ .............W......,.. ~pl....... lIlI'iI'\ doc:ument1. '"CII..........~ 1.00uL.tioo'l. ')...10\ EXHIBIT 1 UA"'OA-O '0"" u. (7_151 ~n-cI'1l:l.cl tly O""t.:. 0' ...."..."'.", _nd Bud..' CIR'CUl...AR: ...0. ,A,.ll0 J 0 - - 0 nl 0 - s: CJ :J CJ to nl 3 (1) :J - D) :J 0- - CD r:: 0- to (1) - (") .., 0 r:: D) .., )> I -" -" 0 - --oJ ...... W 0 ...... --oJ Cl'l - - )> I -" -" o lJ'I i " _e Office of Management and Budget Circular A-110 (7/30/76) INSTRUCTIONS Please type or print legibly. lIems 1.2,3.6,7.9. lOd, lDe. 109. 10i, 101, 1 Ia. and 12 are sell.explanatory, specific instructions for other items are as follows: ,..... Eft I", .. [n'flf the employ.' Identlncetlon number BulBned by the U.S. Internal Revenue Servlc.e or nC( (inrlihrtion) code, If required by the Feder,1 lpon'-Oflnl a,ency. 5 Thl. speee It ",MN.d for en eccount number or athf'f identitylng numbers that may ~ auilnf'd by the recipient. 8 [n'er the month, day, end yee' of th,1 bef(innlng and endln, of thi, project period. for tormula ,ranh thet In: not aw.,decl on III profect. balis, ShO'" th. Brlnt po nod. ]0 The PUr))OU, of ",ertlcat column. (e) throurh Cf) Is to prol/ide fmanclal date tor net'! prorrem, tunctlon, Ind ec1..I'i'ity In the. budRft as IPprovtd by tht feder,l ll\On. SO!lnf! 'lenC)'. It additional columns life "ee~ed. use tIS men)' ,ddltionel forml III nKded end Indicate paSt num~r In 'pac~ proy'd~d In upper right: however, the tatels ot all pro8"8"11, 'unctions or ectiyltles should be shown in column (g) of the flf"!t pere. For eft'reem~nts pertelnlnB to Myerel C2Ihlog of Federal [)om.,tlc Msistance pro"rams that do nol reoQulre e further functional or ectlvtty c.llluiftcation breakdown, enter under columns (a) throuEh (f) the tjtl~ ot the prorram. For 'nlntJ or ather auistlnce attr..ments containing muttiple programs where on~ or more prOErllms reQuire e further breakdown by lunctlon or IctlYlty. use e s.eperate torm for each proS'f'8m showing the applicable functions or aetivlties In the uparate columns. for gdlnts or other enistence aEreemenb containing seY' eral functions or activities which are funCled trom ~f'8' programs. prePl.re a 'uP.rlte form tor aach Ac:tlvtty Or tunction when requested by the federa: a.ponsorlng -a,ency. lOa Enter the net outley. This .mount snould be the ume as the amount reponed In line 10e of the test repo"~. If there hu been an adjustment to the amount shown pr'WV)Ousty. please anach explanation. ShoYf' lero If this ts the inttl~1 report. . lOb Enter the tetel rr'08S pro~rllm outleY' (leS! rebatt"l. refunds, and other di$Count5) 10r this report period, lncludlng dlsbu~emenh of c.alh realized 10$ progrwn incomt.. F()( Aports tNt are pfCP.~ on a c.ash basis. outlaY" ar. the sum of 8ctual cash disburse' m.r:ts lor goods Ilnd s.ervices. the amount of Indirect expense chars:e<I. the value of In. kind contributions applied. end the amount of cash edwnces and paym~nts made to contractors end subgf'8ntus.. For reports prepe~ on 8n accrued ex~nditu'e basl!l. out. lays a,e: the sum of actual cash disbursemenh. the emount of lndlred upenStl incurred. the yalue of In. kind contribution!. ItlPht<:. and the net Increase (or decreaM) in the emounts o~ by the reclpien~ 10r roods and other property rt"Ceived and for .ervtcu ~r1ormed by employees, contracton. .ubgrantees, and ciner payen. ,..... Eft'''' l()C [nt., the amount 0' .11 prOR,am Income rullu:d In this period thet is re-oui,td ~ the terms and con. dittons of the f edual award to be oftducted from total pmlf'Ct costs. ror reports pr""''''l'd on , cuh basis, en',r the ,mount of cesh inc"rn. r"c"i""ed du,inR the reponing PI",tod. rOt report, p,eperr<l on en accruel basis. entr' the emount. 01 Income runt!(! since the be,innini of Ihe reportinl': period. W'htn the terms or conditions allow prOf,am Inr:ome to ~ added to the total IlwIlrd. explain tn remarks, th~ lOUrCt, amount and di~posltion of the Income. 10f Entt'r amount pertlllnl"B to the non.Fe-Oerll share of PfOlram outleY' Included In the amount .~n line ~. 10h [ntrr total amount of unliq.uldatt'd obligations tor this project or program. including unliquldflte-d obligetio", to lub~rln'eel end con'ractors. Unliquidate-d oblige. tions Ire: Cash bnls.-obllRstions Incurred but nol.paid: Accrue-d expenditure blli1o--Oblisations Incurn:<! bu1. for which. an outlay hiS not been ~corded. Do not inClude eny amounts that haye b<et!n Included on lines II thrr.,urh ,. On the final report, line h should haye . lero balance. 101 Enter the Federel shere of unliquldate-d obligations. shO'W'n on line h. The amount shown on this line should be the dinerance between the amounts on lines h end I. lOk Enter the sum of the emounb shown on lines E and J. If the ,epen Is final the report shouk:! not contain any unllquh:'at'ed obUlatlons. 10m Enter the unobligated balance of Fedef'!,l tunds. This emount should be the difference between lints k end I. llb Enter rate In enect during the reporting period. lie Enter amount of the base to which the nte wu applied. lId Enter total amount ot indire<t cost charged during the re port period. 1 le tn'e' amount of the Federal share chllpe-O durini: the report period. If mOAl than one rete was applied during the project period. include I seperlte schedule showins bil~e5 against which th~ Indirect cost retes were applied. the re500ctiye Indirect rates the month. aa)'. end year the indi~ rat~ were In eflect. amounts of indirect u' pense char(l:ed to the project. end the Federal share of indirect expense chlrsed to the project '0 date. A-110:6 . ... I -\ I :1 Office of Management and Budget Circular A-110 (7/30/76) A-110:7 Approved by Office of t.(anaRemflnt and Budft.-t. No. BO-RDl82 FEDERAL CASH TRANSACTIONS REPORT 1. ~edeul ~s.orin[ "a>nC'J and o"'fliulion.l .le....."t \0 which Itli, upon II lubmln.d (See in.structions on the bcuk. If report i.. for more than one $Iran t or assistance agreement, attach completed Standard Form !7f-A.) 2.. RECIPIENT ORGANIZATION 4. Ferci.nl Innt 0( ot.... icl."tifia. 5. 'hcipi.nt'1 KeO\H,1 "wmbt, '" lion filumbet' io.ntityif'l' f'luml>er Ncm~ : 6.. leU" of uedil PlumWt 7. lift p-y",.nl 't'O!K:htr MIPnt..f NII",hn Give total number for this period Clnd Strut : 8. Payment Vouchn u.dit", I. 51. lrWIUry chrc\. JK.i"td (UJM.th rr )'OUr ac::counl t1f' t\OL dt:po,ittd) Cilt!. 5141. 10. PERIOD COVERED BY THIS REPORT ...a ZIP Cod.: 3. FEDERAL EMPLOYER ~ FROM (mo"rh. uv. YfIOr) TO ("'0'"(.11.. dor )'(or) IDENTIFICATION NO. a. Cash on hand beginning of reporting period $ b. Letter of credit withdrawals ", 11. c. Treasury check payments STATUS OF FEDERAL d. Total receipts (Sum of lincs b and c) CASH e. Total cash available (Sum of lines aflnd d) f. Gross disbursements (See specific g. Federal share of program income ins truc ticm..~ on the ba.ck) h. Net disbursel1li!nts (Line 1 minus line p) i. Adjustments of prior periods j. Cash on hand end of period $ 12.. THE A\10UNT SHOWN 13. OTHER INFORMATION ., ON LINE IlJ. ABOVE, REPRESENTS CASH RE. a. Interest income QUIREMENTS FOR THE $ ENSUING DaV8 b. Advances to subgrantees or subcontractors $ . . 14. REMARKS (A ttaeh culditJion.al sheets 01 pla.in paper, if more space is required) 15. CERTIFICATION SIGNATURE DATE REPORT SUBMITTED I certify to the best of my knowledge a nd belief that AUTHORIZED this report is true in all reo spects and that all disburse" CERTIFYING ments have been made for the purpose and conditions j OFFICIAl.. of the grant or agreement THIS SPACE FOR AGENCY USE TYPED OR. PRINTED NAME AND TITLE (Ar... CocU) (N.....b....-) (L':tuwtc" 1 TELEPHONE 272-101 EXHIBIT 2 STANDARO rORM 272 (7-76) Pre'S.Cribttd by OffIce of ",.hn7l&~m.nt ",nd Bud€-t '. I P') .1 Office of Management and Budget Circular A-110 (7/30/76) A-110:8 INSTRUCTIONS P1tlZl~. type or print legibly. Items 1, 2, 8, 9, 10, lld, lle, llh, and 15 are self explanatory, specific Instructions for other items are as follows: 1'- E"lry 3 Enter employer ioentification number llulgned by the U.S. Internal Revenue Service or the FICE (institution) code. tf this ~port coven more then one grent or other agreement, lellve Items 4 and 5 blllnk end provide the informlltion on Standard Form 272-1\, Report 01 Fed. erel Cash Trans.actiolu--Continued; otherwis.e; 4 Enter Federal grent number, llgreement number, or other Identifying numbiln il requested by aponsoring Ilgilncy. 5 This space r~rved for an account number or other Identifying number thllt may be assigned by the re- cipient. 6 Ent., the tetter of credit number that Ilpplles to this report. If 1111 lldvances were mllde by Trellsury check, enter "N^" for not llppli~ble and leIlve items 7 and 8 ~nk. 7 Enter the voucher number 01 the last letter-ol.credit pllyment voucher (Form TUS 5401) thllt was credited to your llccount. 111 EnU!r the total emount 01 Federal cash on hand at the beginning of the ~porting period Including all of the Federal funds on deposit, Imprut funds, and und&- po$ited Treasury checks. llb Enter tab I llmount of Federal funds /"1IC1lived through p8yment vovcheo (Form TUS 5401) tnat were credo Ited to your accOunt during the reporting period. llc E~ the total llmount of ell Feder&! funds received during the reportio<< period through Treasury checks, wOethM or not d~ted. Ilf EP!ter the iota I F~I cash disbursements, mllM <louring tn. ~ period, k1<:ludlng cash received H ~m in~. Disbursements as used here also Include tne amololnt of lldvanc~ and payments ~ rMvnds to 5ubgPll"tHS or co"~acton, the iross amount 0{ dir&e:t salariK and ~K, includini the E"t~ Itnn emplopee's shllre of benefits II treated liS a direct cost, interdepartmental charges for supplies and services, llnd the lImount to which the recipient is entitled for Indirect costs, lli Enter the Federlll shllre of progrllm income that was required to be used on the project or program by the terms of the grant or aliree":l.~nt. lli Enter the llmount cf all lldjustments pertllinlng to prior periods llffecting the ending blllllnce that hllve not belln includ~ in any lines ll00ve, Identify each grant or IIgre-ernent for which lld/ustment was mllde, and enter an explanation for ellch adjustment under "Remarks." Use plllln she-ets of ~per If additional s~ce is required. llj Enter the total llmount of Federal cllsh on hll nd lit the end of the reporting period. This Ilmount should include all funds on deposit, imprest funds, and undepos.ited funds (line e, less line h, plus or minus line I). 12 Enter the estimllted number of days until the cash on hand, shown on line Ill, will be expended. If more than three days cash reqirements are on hand, provide an explanation under "Remarks" as to why the drawdown wes made premlltu~Iy, or other reasons lor the excess cash. The requirement for the .explanation does not apply to prescheduled or automatic advllnces. 13a Enter the emount of Interest earned on advances of Federal klnds but not remitted to the Federal agency. II this Includes eny amount ellrned llnd not remitted to the Federal sponsorinr lIgeney lor over 60 days. explain under "Remllrks," Do not report Int&fest earned c>n udvances to States. 13b Enter amount of advance to secondary recipients in. cluded in item llh. . '\ 14 In addition to providing explllnatlons IlS required lIoove, ,ive add itiOnll I explaOlltion deemed necessary by the reej~nt Ilnd for in-~tion required by the F.derlll sponsoring lIgeney in complillnce with governing legis. lation. USIl plllin sheets of paper If lldditional spaCt i~ required. '" I ~ .1 Office of Management and Budget Circular A-110 (7/30/76) A-110:9 FEDERAL CASH TRANSACTIONS REPORT CONTINUATION (Th.. J""''' i-o r.ompl.,.d "nd oWuh(d 10 Slo..dnrd F,,"" Ht ""Iv ",h." 'Yt.portinp m.(;1"l than 011./ pro.nf (If' (l~,utn.Jl('e (J.prttm.~Tlt.) '2. RECIPIENT ORGANIZATION (Gi,o. ",,,"" onlV "'. ,hou", i" il.", t, Sf" t7t) 'Approved try Office 01 M&n.a~em~"t enc Bud;_'. No. 80.R0162 TfWERAL SPONSORING AGENCY -iND ORGANIZA' TIONAL ELEMENT TO WHICH TH16 REPORT IS SUB. MITTED 3. PERIOD COVEREl) BY THIS REf>oRT (A. .hlMl'" 0" Sf" t7t) fROM i~oPllh. 4a" ..-...) TO fH_'''-. ~,. "or.o"1 4. List inlo(m.tion below to, ..th ~'.nl or other .greement covered by IhlS report. Use add,lionel forms if mo'. sp.ce IS reQu"ed fEDERAL GRANT OR OTHER IOENTlfl RECIPIENT ACCOUNT NUMBER fEDERAL SHARE OF NET DISBURSEMENTS CA' ION OR O1H[R IOENTIF'YINC NUMBER ..[1 OlSBURSEMEN1S tc;...., CUMUL^T1VC ro^OW 0 ,ubdivisu,ft bv other &denti- "1.t>"'I'.~..,,,h h.. r."""'" -- HO DISBURSEMENTS Iymg num.b",.. if ....equirtd bv th. U'__ U't'n.rd) FOR AEPORTlNG f .d...al Sp"."oe'""f .Ag."CV) P[RIOO (0) (bl (e) (d) $ $ . , , . - \ . 4- "I ., 5. TOTALS (Should c",",up<m.d with """,u"" .lunvn on Sf" !:7t ....1 jollo\L',; cO~\Lmn (~J 1M 1IQ.m.t. c...~ linf 1 Jh; coJu-rr.?\ (d) tht .1''''' of lines J Jh and J II, d thl$. SF 1..71.. end cum.ulative dubunemcnt.! ,h(J1.O"n on 1 (~t YcpO""'t. Attach lI:pLa.n.atW7\ 01 ar.v diDeren.t;u..) $ $ . 2n-..Ol STANDARD FORM 272-1-. (7.76) Pr..nlt..~ ~y Ollil:"" ('/ Monot>..1'T'....., <r>d 8\Hl:t..1 Qfflte qf Management and BudQlt , .cular A.110 (7/30/76) .1 11. COMPUTATION OF AMOUNT OF REIMBURSEMENTS/ ADYAHCES REOUESrrD ..' (a) (.) (e) , PROGRAMs/FUNCTIONS/ACTIVITIES ~ TOTAL ao To<<ol p"'fram (A. 0/ dat.) out1-rs to date $ $ $ $ b. LA..: Cumwlettve DtOI'ram Income c. r~ rF'"m outla)'l (Uiow a ...iouoo d. Estlmal.-l n.t cash outIe)'l k>< advanco p.rIod a. ToUl (S..... 0/ MOO' '" d) f. ~.Fede...I~,.. of amount 0t'I Kne I .. Fe6erat .hare of amount on line I h. F oOeral payments previoYsty reqyost.-l " I. :::'::11i~oM IK>W reqyuled (Li~ g ,. MYencea required by lat month month, _n roqyHled by Foderal rnmor a.aney for u... in makinl pnto 2nd month sch<<:l"led .dV8ncel Jrd montll REQUEST FOR ADVANCE OR REIMBURSEMENT (Sef t...t,.,.C'ti07\4 OK ba.ek) ~AL SPONSORINC AC[Hey AND ORGANI IONAL [LEMENT 10 WHICH THIS REPORT IS SUBa.UnEO L U'PLOY[R ID[.NTlFICA,nON NUMBER 7. R[CJ~[Nrs ACCOUNT NU"BER OR IDlHttrYlHG HUMBER to RECIPlUn OR~ILATlON H._ H_'" eM .',MC C.....8..... ..J Zlr Co..&. : Approved by Offico of Mono.emenl and Bud.et, No. BO-ROI83 "ACE OF 1. TYPE or PAYMENT REQUESTEO e... ....... ~ MiA. ..... o ADVANCE 0 :~~!URS[. b. to .0... .r~a. ... .Aau 2. 81.S15 Of R(QU[Sl o CASH o .ARTIAL 0 ACCRUAL i,--;;;;ATlAL .PA'Yti[NT R[OU~ NUMBE.R FOR THIS REQUEST o F'NAL 4. FEDERAL GRANT OR OTHER IDENTIFYING HUM8E.A ASSIGNED 8'1' rE.DfRAl AGENCY a. PERIOD COVERED BY THIS RE UEST rRO" 4_U.. tIa.. ...,.) TO C-v.. ..... .-..) 10. 'AY[ Oflwrr...t...d...... _c ",,'~_I u.- u- J) N_.. H_'" .-4...,._ e"...s..... ..oJ 2'1' i:0d0 : 12.. ALTEPmAll: COMPUTATION FOR ADVANCES ONLY $ s. Uti"",'od Federal ca5h outlay. Iho' will b6 moda dun", p.rlod COYenId by the odvol\C9 b. L.a.: Estimated twJlenc.8 of Feder.1 ealh on hend a. of berinning of advance period c. Amount requH4:ed (Un.c 11 mlM&l liv b) 11. s CERTIFlCA'f"ION SIGNATlIRE OF AUTHORIIED conlNINO O'flCIAl DAT[ REQUEST SUB"ITTED I ctrttly lhot '" the but of my hnowt.-l.. and belief the date .boYe .re correct .nd tMt all outlays were made in accordance Mth the lrant condition' or other ..,..... "._m .nd thet peym.ent i.. du. and h... not _n pnrvlou5ty F9qultOtecl. nno OR. ...UHT[D "AJ.I[ AND TlTL[ ............ TQ.[",",ON[ Ns apace lor apM)' .... '>'0-101 EXHIBIT J Federal Grants ManaQement Handbook September 1978 A_ c.4.o H_t._ .TAI'4o.u.D ro-.. no (7-76) '""~rt~d b1 ()fftu of M.,.....ment .,.d 8,,~ CIRcuL loR NO. 10.110 A-110:10 '\ . Appendix I I " , I Office of Management and Budget Circular A-110 (7/30/76) A-110:11 INSTRUCTIONS Please type or print legibly. Items I. 3. 5. 9. 10. 11 c, 11 e, 111. 11 g. 11 i. 12 and 13 are self-explanatory: specific instructions for other items are as 10lfows: If"" Entry Indicat. wheth~r 'eQuut is pre-pared on cash or ac. cruf'd expenditure balis._ All request' for .dva,"ces ,hall be prepered on II cash basis. lnter the federal grent number. or other identifying number es.sisned by the 'federel sponsoring agency. If the .dvence or reimbursement is tor more then on.. '1"801 or other agre-emenl, lourt N/^; then, sho..... the aglrellste amounts. On I ~pa'.te .heet. list .ach grant Of 1lB'f"Mment number Ind the Federal ,hare of outlays made egllinst the g,ant or .gr~me"l. 6 (nte, the emp'oyer Ide-nlilitalian number as.signe-d by the U.S. lohrnal Reovenue Service. or the flCE (inslitu- hon) cocte if ~ue-sted by 'he Feder.1 agency. This ,paCt is (nerved tor an account number or other kSentityinc number thet may be auiBned by the recipienl. 8 Enter the month. day. and year for the beB'inning and ending of the: pe-riod eovered in this fflluest. If the ,.... Quest is. for an ad"ance or for both an ad"ance and n- imbvrs.ement. show th. period that the advance wifl cO'I"8r. If th. r.Que's.t II tor reimoonement. "ho,," th. period lor whieh the reimbursement is requested, Note: The Feder'lll sponsoring agencies hav. the option of requiring re-eipie11ts to comp'ete items 11 or 12. but nol both. Item 12 should bI us.ed whe>n only e minimum amount of intormetion is ne-e<Sed to make an ad"ance and outlay intormation contained In tlem 11 can be obtained In . timely manner trom other f'e'portl. 11 Th. purpoae of t"'e vHttcal columns el). (b). and (e). is. to pro\fide sp.ece tor separate cost breakdowns when I rroject has been pla"nHl and bYd@et!'d by program. tunction. or activity. If additional columns ere needed. Ilt"m Entry use as m...ny additional torms. as nf'e'ded Bnd indicate pase number in space pl"OYided in upper right; t\oorN. ever, the summary totals. 01 all programs, lunctions, or ac1i"ilics s.hould be ihown in the "leul" column on the first pale. J le Enter in .'15 01 dlllc". the month, day, and ynr of the ending 01 the accounting Cl'eriod to whirtl this amount .ppliu. En1er program oullays to dalr ','et of retund,. rebatft. .nd dis.counh), in the' eppropnele column" For raqut'1U prepared on II cash buis. outlays ere the sum 01 actUAl Ulh dis.burs.eme'nts lor roods and s..erv. len. the amount of indirect e.pens.es ehafled. the value of in-kind contribuliOt:'_' ap~ied. and thc amount 01 ush .d,,"nen and f)4Iymentl made to subcontnc. ton and subr-:cipienh. for requests prttpftred on .n accrued expenditure basis., outlays are the sum of the actual cash dllbun.cmenh, tht. amount of Indirect 81.' ~nu~s. tnCuffed. end the net Incr~as.c (or de<:reas.c) In the amounts owed by the reciptent tor roods. end other pro~rty rece-ived end 'Of .ervice1o ~~ormed by em' pI~es.. c.ont~cn. subgranlees and oth.r peyee~_ 11 b Ent.r the cumulative cash income reccl"od to date. tf reouHu e" prepared on a c.ash balis. For re"Qut"St1 PAper..cS on an acctve<l t1Cpendttur. bas-is. enter the cumulative income Nmed to dete.. UndO( _tlh., basis. enter only the amount applicable to prognm income thlt W'a>'S. rf"Qulred to be us..ed tor the project or pro-- ,ram by the terms ot the Bf'8nt or other agreoement. lId Ont)' when milking requests tor adVlSnCI payments. enter th. total estimated amount 0( cas.h outlays that "",II be made during the ~riod coYered by the advance. 13 Complete the certification befon wbmit1ing this reQuesl. . "\ I .I Office of Management and Budget Circular A.110 (7/30/76) Appn.'lved by Office of Man.,emen! end ......CE or OUTLAY REPORT AND REQUEST FOR REIMBURSE. Buds"'. No. S(}-ROIBl rAQES MENT FOR CONSTRUCTION PROGRAMS 1. 0"( 0' "(QUfST L ""'SIS 0' REQvtsT (s,., ;ft.'T"Vct,~ ~'" bade) o 'INAL o ..,.".,TIAl o CA'H o ACC~UAL J. HDERAl SPONSORINO AG(NCY __NO O'lU~AHI1ATlOttAl lL["'V(T TO 4. HOERAl GRAHT 01' OTH[P L .....lI:lIAl PAYMeNT R[QUEST 1'10. WHICH 1HIS R[PORT IS SUBMlntD IO(HTlNIMO HU"'U" "S.$ICNtD BY 'lO(ML AGENC, L ~~~lBO[YR[R IOEHTlnCA.TIOH I" O(C,""NT ACCOUNT 00 OTH(O "-1100 coroo I'T "." M.P'O<<T IDENTlFYIND HUhCB[A ,,,OW CN~ ~,. ..-.) 10 c"'...u."...,.__) '0 REC1"I[HT O,.QAHIU,T10H 10.. I"'...YU C ".~.....II ...-u... -.I U ~_-.J u.- u..- 'I N_ , N_ : t-'.. .~ N..~ ...- , ...... : Cu" "".. "tAU .....d .1.~.'" ....l rIP C..d.: ZI' C....: II. STATUS OF FUNDS PROGRAMS-FU N CT 10Ns-.o.CTlVI TI (S CLASSIFICATION (..) (b) (e) TOT-'L ..- .. Administrative foxpenu S $ S '. S b. Preliminary expens.e c. Lend. Itrvctures. right-of.way d. ArchltectullIl engineering belle 'eon I .. Other erchlte<:tural engine-enns fe-es I. Project Inspection fen 5. La nd development h. ReloceUon expense I i. Relocation paymerits to Individuals and I businesses J. DemoHtlon and removal . k. Construction end project Improvement I coot I. E.ouipment n. Total cumulatiye to date (sum oi'line-l I I I 8 thru m) o. Deductions tor program income p. Net cumulative to date (Line n minus I line 0) . C. Federal share to dah r. Rehabilitation 8rants (100% reim.' bursement) .. Total Federal share (sum of lines C I and r) t. Federal payments prf'viously ~. I I Quested U. Amount ~Quested lor reimbursement $ S S Is v. Perce-ntBse of physic:.al completion of project Cl' % % % '" 12. CERTIFICATION !ICNA.TUR[ or A\fTHORII[O CERTlrvlNC I OAT( O(PORT OHICIA!.. SU8MIT'H,D 1 certify thet to the best of my knowledse ond belie' the bille<l costs or disburse- .. R ECI PI (NT TYPED OR PRINTED HA.M( A"O TiTlE I HL(p~ONr ,.- ...... ments are in accordance with the terms .._b........ .,_1 ot the project and that the reimbursement represent, the Federal shere due whlc" DJ\.n SICH(O SIG"'l"TU~[ or MTTHORIZ[O C(RlIrYINC ho. nol been prsviously reQuested ond Oft ICIA!.. that an inspection hilS' been per1orme-d b. Representativ~ ond oil work i. In accordance with the ct'rtifylng to line !lv. I TYprO OR PRINUO ......( A"O TIlLr TEl[P,""ON( ,A.~_ ~~ terms or the eward. ..-.b" ... _............1 - m. Miscella neOus cost 271 101 ST,,"'O,l.RO '011" 771 17_16~ ",.,(~,t-.~ t.~. (1"'(' 0:'>' u."...,...,.,...... .n(l f\...~ EXHIBIT 4 A-110:12 . '\ I I Office of Management and Budget Circular A-110 (7/30/76) I NsrnucnONS PI~" typQ 0< printl"glbly. l\em. 3.4.!5, 8, 9, 10. lis. llnd 11v are ..1f....pIM'...lory; specific instructions lor oth.r hem. .,. as tollowo: h~ ........ ~.,.. ..... ......"."'.t. ~. H the reQu~ .. "na-(, the ._........ ....e4 ......W ...,.,.......t \he .~I oo.c. 0( the ~ !Ihnw wt\eth_ ..novnts .re 0f'I'"'tt'....... en ... ~rved ...,..ndtwN ., ..~ Ih.~.wt ......... , ,....., ..... .1ftJ'......' lOIP"tlf'tc.a116n ..um~r ...-I6rned by the U.S. In1..rn.I'l'C R..,.".. s..vk:eler nef. (kldttvtton) ood. M r-qu_ ~ _ foodonol _..cr). T This -1M" k ~ tor an aC'ClOUnt. numb<< 0( 1D'th..... I6enUly1ntl __ _ mey M ._Ior..... by - ......0\. II no. ~ ~ _I _m... tellhrough Ie) 1& II> r..w;th ~ 1M a.t(WBt. ...c. ~~ \III'heof\ · -'lI4I p~ .... ~ ~"".... ...... ~ed by pn>-- I"lfn, hHte+tofto ef M"ttvttr. " M~ ~nc .~ ~.cj. uw ., ....ny addl'rtol'lel tenns .. ,....,cIed .rMI. ~b'. ,..,.. ...........r .... ,..... ~ in ..... ri<<ht; ~r. toh. WMfnary toNk .f aM ~l'1)ftWm&. tv.... "-n., N .~ ahould t., ~ ~" ,he "'"total" eoIumn .." an. .,. ,.... All ~ .... ,."".r1e4 eft . lftImu....... be...... 1 U In_ ........... .,..nded '-r _k ~. K -. Io.gal _. _I. of _Ichoc .nd ..... _ admlnlotnltw ~.... ~. tt._ ."'lMInt of lntert!llt ~ "",.n ._ by pr'Ofn... 1ePl<rt'-. 1Jee .- h amount I'f ~ ........... . ..p-...... Ilh...... I H. __ _ ,.-Inlng .. .... -" of ..,.t;nc .nd eesicnlnlt. III"leking su,..,..,..s .ft4 maps.. .."lOnt "-'t "",.... .nd .. _ """" .-.1..... prior II> -, .4>0....,_-".". 1 h _ .R .m__ directly _ wItl1 .... ...,.,w. _ '"' lend, ....~C strvctu_ .n4 raleled riIIht-ol- _. lW _ _ _.... _ '"' ...hll-.nl en&,~ ] 1_ EM<< ~ Hehlt.ctur-.I e.n.,.........,nnc ~. Do not ~nc:luck ..,.., .......,trts ........,.. ... .... d.. lIt l~~.....".,.......... of __~..aion end ...w...l ~ llg E_ all __ __ _k.... __ 0( Ie".j ......... .... ~ ,~ of .... wnnt ;. lend ",,--_. The .......... ,....in;~ to lend "-lo9- ...-( ...........,. _ed ~h -;or -~ ~ M ~4.4 tN.m ""'" ~teeoty ~ _nten,d Oft -"- Ilk lroM.-_ __ ~ ~ ~-- ~.~.nod ~ IDO'St3 of ~n( ~t.- ~c t-.t ...-ort). 00 ftOIt Wtchlde ~na .-.d..cf tor ~ton Mtnintwlnrti~ ...........-&: theee amounta. ~ be Wwi...... ... ~ ...~ on hnc .. IIi f.1'rt4r.... ."'Ount..t ~1oI'l pail"""enb ~ ~ tfte rK.ip~ ~ ~jspUead ,...,...onl., 'amoK. businea$ con. ~ml. and nonpt"Oat OI"Isnl&ftionc. ,..... ,--. t U (r.cer P"'O'fI& ....'-ne-s .fIId ~ 0{ .mploy... 0( the Ndp6.n( .ftd ,..,..-nts to thiird petty eontr&cto" (ti. ...c::Ur ~ in JM'f1onn'ng d~tOn or ,~I of aruc:tur'w'l, 'f'Om ~ &flond. AA proc-..ds trom ,he ..... 04 ....,... Of' the ~I of d Ndut.. ..hOuk1 be credited to ItUa .c.count; thentO)' ,..ftKtinl net ef1i'OU..u. j( f'iIICIUu..d l')' th4I r., e n I afI. f"C)' . Ilk E....r ttto.e .rnowMs euociftted wf1h the actual con. IlIIrVC:tion of. .octit~ \10. Of re-stor.Hon 01 II facilil)'. /ithto. tnc::6uck in th.. cat~. the amounts tor r'lroj.a tm~ M'Ch .. .......,.". .,,....,'. le..oIoUp'''8. and 1IPtirc. III EM- ernounU Jot a" ~utrme...t. bath fhl.c:1 and mo..... abk., ..ckl~" eqvlJ'lf'nent ut.e'd tor construction. rOf UAmpN. penna...ntty ,.,tt.ached Io8bot'atory tabl.,. bu~. I" Mldio ~ ~MnL. "'0't'1Ib&. onkl, CMin, and Iabonolory oqu;pn-.L 11", ~"",.,.."ounb'Ot all ~I no( 1p.e<:It\cftUy men. -... Mow. 11" [nt.,. ttw \iIotJJf. eumwletfw ar'l'lOOM to dete which ~kI ~ ..... ~ 0' ..... a "" rourh m, llA lbtter the teOol amount of progrBm Income eppliod to tt'K' rant ~ contrBd ...,...ment axcept Income In. ....... ... ...... J. klentHy Oft . Mp"reh .h.... of peper ~ aoun:as aAd typea eI the '~m.. 11, !M.,. the ne( cumul.etiw amount to detr which .houkj .. the .~ shewn on Nne n minus the amount ... ti". o. 1~ am..- the foeden,f ",...,.. 0(..... afT\OOm s.l\ooNn on line p. l1r Enter the anMMIfC of nthebUttatlon .,..nt peymenil ....0. to ir"lCtNWueh -0." pMJC,..m "'i.~et*on provK:ln 100 -" peyo.- .,. lho Fed....1 ....nC)'. lit Enter lho hotaI __ ,.( ,_...1 po~ts pn<'iou.ly ___ II _ form;' _ lor ___g r..m. .......--.. 11~ __ _ _..t now ~nc r-q_ fer -....... ..-..nt. ~ ~ -..hovld M th<< -'i".-c'enc.. bortwe..n ItM: ............ ~ Of\ ~ I .nd t. If difteunt, n. ,...-.--- 12,0 To M oernpIeted by _ ~ ofIIele( who .. r.. Sf'O""~ for ttw operetion of ..... Pro@'nw1\. Th. oat.4 ~ be the .a:vaI Oe4R tholt hNm is IUbmjrted to the r...,., .~. 12b To be ClOf'npIried br ttw ~ rep~'M"'lItlve .-ho " c.rtttyi~ .. ttM pwoent of pt'l)jec1 completion lIS ~ed tor in the ....",... 0( 'h. I,..nt or arrW'eC',,.nt. A-110:13 '\ " I Office of Management and Budget Circular A-110 (7/30/76) ATTACHMENT H.-CIRCULAR No. A-IIO MONITORINC AND RErORTJNG rROGRAM rERf'ORMANCE I. This nttachment scts forth the proce- durcs for monitoring and reporting program performRnce of recipients. 2. Reclplents'shRll monitor the performa:lce under grRnts and other Rgreements and, where RpproprlRte, ensure that time sched- ules are being met, projected work units by time periods are being accomplished, and other performRnce gORls are being achieved. ThlS review shall be madc for cl\ch program, function, or activity of each asrccment as set forth In the. approved RppllCRtlon or award document. 3. Reclplcnts shall submit R performance report (tcchnlcl\l rcport) for cach Rgreement thRt brlcfly prcsents the following InformR- tlon for each program, function, or f\ctlvlty Involved as prescribed by the Federal spon- soring agency: a. A comparison of Rctual Rccompllshments with the goals established for the period. the findings of the Im'estlgator, or both. H the output of programs or projects can be reRdlly quantified, such quantitative data should be related to cost data for computation of unit costs. b. Reasons why establlshed goals were not met. c. Other :pertinent Information Including, when l1pprOprlate, analysis and explanation of cost overruns or high unit costs. . 4.. Except as provided In a and b 'below, and In subparagraph 3a( I), Attachment G, recipients shall submit the, performance or technical reports to Federr>l sponsoring l1gen- cles and the Financial Status Reports cov- ering the same period In the frequency estab- lished by Attachment G of this Circular and. where appropriate, 11 final technical or per- formance report after completion of the project on a date specified by the Federal sponsoring agency. The Federal sponsoring agency shall prescribe the frequency with whIch the performnnce reports will be sub- mitted "1th the rcquest for advance or reim- bursement when that form Is used In lleu of the FInanCial Status Report. Except as pro- ,'Ided for In paragraph 5 below, perlormance reports shall not be required more frequently than quarterly or less frcquently than an- nually. Federal sponsoring agencies may waive the requIrement [or recipients to sub- ml I. performance reports wIth the finanCial reports under the following cIrcumstances; a. When the recipient Is reqUIred to sub- mit a performance report with a continua- tion or renewal application. b. When the Fedcra} sponsoring agency de- termines that ,on-site technical Inspections and ccrtlfied completion dp.ta will be sum- clent to cvaluatc construction projects. C. When the Federal sponsoring agency re- quests annual financial reports on a fiscal year basIs but It Is necessary to get annual prcgress reports on a calendar year basis. 5. Between the required performan~e re- porting dates, 'events may occur th:lt have sIgnIficant Impact upon the pro)cct or pro- gram. In such Instances. the recIpient shall Inform the Federal sponsoring agency as soon as the followIng types of conditIons bccome known: a. Problems. delays, or ad"erse conditions that will materially anect the ablllty to at- tain program ob)ectlves, prevent the meet- Ing or time schedules nnd gORls. or preclude the attaInment of project work unIts b\' es- tablished time pcrlods. This d!sclosure shall be accompanIed by a statement of the nctlon taken, or contemplated. and nnv Federal as. slstance Deeded to resolve the'sltuatlon. b. Favorable developmcnts or e\'ents thl\t enable time schedules to be met sooner than anticipated or more work units to be pro- duced than origInally projected. 6. It any perlorrnance review conducted b\' the reclplcnt discloses the need for change I"; the budget estimates In accordance wIth the criterIa established In Attachment J Co this Circular, the reCipient shall submit a re- quest for budget revisIon. 7. The Federal sponsoring agency shnll make site \'Islts a.s [requently ILS practicable to: a. Review program aceompllshments and management control systems. and b. Provide such teehnleal assistance as mal' be required. 8. Federal sponsoring ngencles shall submit proposed technical and performance r~ports to the Omce of Management and Budget for approval In accordance wi th the report clear- ance requirements of OMB Circular No. A-40 as re,'lsed. ATTACHMJ:NT r.--CDlCUI.AR No. A-110 PAYMCNT RCQUIRI:MENTS I. ThIs att.a.chment estr>bJlshes the re- quired methods of making payments to recip- Ients. These methods wll1 mlnlml:z.e the tIme elapsing between the disbursement by these recipIents and the trr>nsfer 01 funds from the United States Treasury to these recipients whether such disbursement occurs prior to or subsequent to the transfer of funds. 2. Payments can be made to recIpients through a letter-of -credIt, nn advancc by Treasury check. or a reimbursement bl' Treas- sury check. The following definItions apply for the purpose of thIs attachment: a. Lctter-o/-Credit.-A letter-of-credit Is an Instrument certIfied by an authorl:z.ed om- clal of a Federal sponsoring agency that au- thorl:z.es a reelplcnt to draw funds when needed from the Treasury, through a Fed- era Reserve bank and the recIpient's com- mercial bank, In accordnnce with the provi- sions of Treasury Circular No, 1075, as re- vIsed. .b. Advance by Treasury check.-An ad- "ance bv Treasury check Is a payment made by a Trel\Sury check to a reelplen I. upon I ~ request before outlays are made by the recipient, or through the use of predeter- mined payment schedules. c. Reimbursement by Treasury check.-A reimbursement bl' Treasury check Is a Treas- ury check paid to a recipIent upon request for reimbursement from the recipient. 3. Except [or construction grants and other construction agreements for which op- tional payment 'methods are authorl:z.ed, as descrIbed In paragraph 5, the letter-of-credit method shall be used by Federal sponso\,lng agencies If all of the following conditIons exist: a. It there Is or will be a continuIng rela- tionship between a recipIent and a Federal sponsoring agency for at least a 12-month period and the total amount of advance pay- ments expected to be recel"ed wi thin that pe- riod from the Federal sponsoring agency Is $250.000 or more, as prescribed bl' Treasury Circular No. 1075. For )olnt funded projects the Treasur)' has authorl2.ed a dollar criteria of $\20.000. b. it the recipIent has established or dem- onstrated to the Federal sponsoring ngency thc wllllngness and abIlity to maintaIn pro- cedures that ..111 mlnlml:z.e the time elaps- Ing between the transfer o[ funds and their disbursement by the recipient. c. It the reclplent.s financIal manngement s,'stem meets the standards [or fund control and necountnbllll)" prescrIbed In Attachment F to thlS Circular. "Standards for Flnanclnl Management Systems," -:. The method o[ advancing funds by Trea.sun' ched: shall be used. In aceordnnce with tho pro"lslons of Treasury Clrculnr No. I A-110:14 1075. when the recipIent meets all of the re- quirements specified In paragraph 3. above, except tho~e In subparagraph 30.. 5. The reimbursement by Treasury check method shall be the preferred method It the recipient does not meet the requirements speclt\ed In subparagraphs 3b and 3e, above. At the option of the Federal sponsoring agency, this method may also be used on any construction agreement, or It the major por- tion of the prog. am Is accomplished through private market t\nanclng or Federal loans, and the Federal assistance constitutes a mInor portion of the program. When the re- Imbursement method Is used, the Federal sponsorl ng agency shall make payrnen t wIthin thIrty days alter receipt of the bllllng, unless the bllllng Is Improper. G. When the letter-of-credIt procedure I. used, the reclplcnt shall be Issued onc con- solidated letter-of -eredl I. whenever possible to cover anticipated cnsh needs for all grants and other ngreements awarded by the SpOIl- sorlng agency. Llke",'I.e, to the extent po..l- ble. when the advance by Treasury check method Is used. advances should be con- solltlnted (pooled) for all grants and other agreements made by the sponsoring agency to that recipient. . , 7. Unles3 otherwise required by la",', Fed- eral sponsoring agencies shall not wI thhold paym~nts for proper charges made by recipi- ents at any time during t.he project or pro- l(ram period unless (a) a recIpient has failed to eompll' with the program ob)ectlves, award conditions, or Federnl reporting r',qulre- ments: or (b) the reclplcnt Is Indebted to the United States, and collection of the In- debtedness wll1 not ImpaIr accomplishment of the ob)ectlves of a project or program sponsored by the United States. Under such conditions, the sponsoring agenc)' mny, upon reasonable notIce, Inform the recIpient that pn)'ments will not be m&de [or obligations Incurred alter a specIfied dale until the conditions nre corrected or the In- debtedness to the Federal Government Is Ilquldnted. ATTACHMJ:NT J.--CDlCUI.AR No. A-lIO REVISION or FINANCIAL rLANS 1. This attachment sets forth criteria and procedures to be 10llowed by Federal spon- sorIng ngencles In requIrIng recipients to re- port 'devlatlons from financial plans and to req uest approvals for financIal plan re~ ,'Islons. 2. The financIal plan Is the financial ex- pression o[ the project or program as ap- proved during the application and/or' ,!ward process. It may Include either ~e Federa\ and_ non-Federal share, or only the Federal share, d!pendlng upon sponsoring agency requlre.,- ments. It should be related to performance for program evaluation purposes whenever appropriate and required by the Federal sponsoring agency. 3. For nonconstructlon awards, recipients ~hall Immediately request approvals from Fcderal sponsoring agencies when there Is re3.son to believe that within the next s!ven days a revision w111 be necessary for the follo",'lng reasons: a. Changes In the scope or the ob)ectl\'e of thc project or proJ;Tam. b. The need for addItIonal Federal fund- Ing. c. The transfer of amounts budgeted fcr Indirect costs to absorb Incre"ses Indirect costs or vice versa, If approval Is req ulrcd by the Federal sponsoring agency. d. The expenditures as require npprovnl In accordance with F'MC 73~. "Cost PTlnclnles for Educational Institutions," For all othcr awnrds. appro,'al requirements [or other Items of expenditures may be Imno.ed It they arc consIstent with those In FMC 73~. No other requirements for specIfic Items may be I Office of Management and Budget Circular A-110 (7/30/76) Imposed unless a deviation hIlS been ap- proved by the Ornce or Man'4;ernent e.nd Budget. e. Reclplen ts plan to transler runds allott.ed lor training a\1owanccs (direct payment.s \.0 trainees) to other categories a! expense. (. None or the substantive programmatic work under a grllnt or other agreement may be subcontracted or translerTe<! without prior approval 01 the Federal sponsoring agency. This provision does not apply to the purch&5e a! .upplles, mAterial. equipment. or gener"l support se/"\'Ice.. 5. The Fe<!ers.l sponsoring A{;ency may IlIso. at It.. option. restrict trs.nslers 01 lunds among direct cost cMcgorlcs lor awn.rds In ....hlch the Federal shAre exceeds "100.000 when t.he cumuln..t.1vc R.IDount or such trl\n6- lers exceeds or Is expected to exceed five perCPDt or Ule totlll budget &5 Io..,t I'pproved by the sponsorlng agency. The same criteria shall s.pply to the cumul..tlve amount 01 translers among prog/"tlodl16. !unctlons. and aotlvltles wben budgeted separately lor an award, ex.cept. thnt the Federal sponsoring Il{;ency shllll permH no trn.nsler thnt would cause any Federo.] approprla.t1on. or pllrt thereof, to be used lor pUJ1>OSC6 other than th05e Intended. 6. All other changes to nonconstructlon budgets. except lor the changes described In paragraph 8. belo...., do not require ap- proval. This Includes the use o! recipient funds In lurtherance or program objectives over and ..bove the recipient mlnlmum shs.re Include<! In the approved budget. 7. For construction awards. recipients shall request prior ..pprovals promptly from Federal sponsoring '4;enclcs lor budget re- visions wherever: .:. The revision resul ts from changes In the scope or the objective a! the project or program, a..nd b. The re,'lslon Increases the budget amounts 01 Federal funds needed to com- plete the project. 8. When .. Feder&! sponsoring agen:::y makes ..n ..ward thnt provides support,lor both construction and nonconstructlon work. the Federal sponsoring agency may require the recipient to request prior approval lrom the Feder&! sponsoring Il{;ency before m:lk Ing any fund or budget tr....nsfers between tlle two types 01 ....ork suppo.."lrte<l. 9. For both construction and nonconstruc- tlon awards, Federal sponsoring agencies shall require recipients to notUy the Fed- erAl sponsoring agency promptly ,,'henever the amount 01 Fcderal .authorlzcd lunds Is expeC'l.ed to exceed the needs 01 the recipient by more than 1.5.000 or five percent of the Federal award. whichever Is greater. This notlflca.tlon wlll not be requlred U ..ppllca- tlons lor addltloDAI !uncUng llJ'e submJtte:l lor contlnulng grants or contra.cts. 10. When requesMng ..ppro,'al lor budget revisions. recipients shall use the budgot forms tha.t were used In the application unless a letter request ...'ill suffice. II. Within 30 calendar days from the date 01 receipt of the request Cor budget re~l- slons. Federal sponsoring agencies shall re- vie.... the request and notlly the recipient whether the budget revisions have been ap- proved. II the revision Is stlll under con- sideration at the end 01 30 ca.lend!lr days. the Fedcral sponsoring agency shall lnlorm the recipient In wrltinr of the date ....hen Ule rec1plent may expect the decL.lon. ATTACHM.ENT K.--ClRcul.Aa No. A-I JO CL.OSEOUT PROCEDU1U:S 1. This attachment. prescribes untrorm closeout procedures lor Federal grants and other agreements wIth recipients 2. The lollowlng definl tlons shail apply lor the purpose 01 thL. attachment: a. Clo.<coul.-The CI06COut of a grant ..greement 1.8 the proceRS by whlcb .. Federal sponsoring agency detennlnes th&t ..II ap- plicable admJnlst.To.tlve a.ctJons and all re- qulrcd work a! the agreement have been compleLed by the recipient ..nd the Pcderal sponsoring '4;ency. b. Date 01 complclicm.-The date 01 com- pleLlon Is the dale on which &!I work under gnwts and other agreements la completed or the dale on Lbe award document. or any 'supplement or &IDendment thereto. on which pe<!er&! sponsorship ends. c. Duallowed co.l..-Dlsnllowed COGts are those charges to .. gra.nt or other Rf,"reement that the Pederal spon.'.or!ng agency or It.. reprcscnlALlve determines to be unallow- able. In accordance with tbe appllc..ble Fed- ers.1 cost prinCiples or other condltlons con- tained In tho agreements. 3. All Federal sponsoring A{;enclc.' shall es- tabllsb CI06Cout procedures that Include the followIng requirements: a. Upon request. the Pederal sponsoring al;ency shall mllke prompt payments to a recipient lor allown.ble reimbursable costs under the grBnt or other agre<:ment bclng close<! au t. b. The recipIent shall lmmedlll~ly refund any balance 01 unobllgate<! (unencumbered) cash that the Federal sponsoring ..gency has ndv..nced or paid ..nd that Is not authorized to be retained by the recipIent for use In other gra.nt.s or other agTe<:ments. . c. The Federal sponsoring ..gency shall ob- taln from the reCipIent within 90 calendar days ..rter the d..te of completion of the agreement all financIAl. perlormance. and other reports requlre<! as the condition 01 the e.greement. The ..geney may grant extensions ....hen requested by the recipient. d. Wben authorized by the grant or other agreement. the Federa.l sponsoring agency sh..ll IDAke .. settlement lor ..ny upward or downw..rd adjustments to the Federal share o! coots &Iter these reports lLTe received. e. The reCipient shallllocount for any prop- erty &CqUlred with" Feder..1 lunds. or rc- celved lrom the Government In accordance with the provisions a! Att&Chmcnt N to this Circular. Property Ma.nagement Sl.lLndlLTds. f. In the event a final a.udlt has not been per10rmed priOr to the closeout o! the grant or other e.greement. the Feder&! sponsoring "'gency shall retain the right to recover an appropriate amount ..rter fully considering the recommendatlons on disallowed C06ts re- sulting from the linal audIt. (. Suspension and termlnatlon proce<!ures are cont..alned In Attachment L \.0 this CIr- cul..r, ATTACH"'!:NT L.-CIllCtnJoIt No. A-I10 SUSPENSION Apro TERNlNATIOtl PBOCEDt11lES 1. This ..ttachment prescribes unUorm suspension and termlnatlon procedure:s lor Federal gran ts and other agreemen ts wi th re:::lplents. 2. The lollowlng definitions shall ..pply ler the purpcse 01 this attachment: a. Tcrminaticm.-The termination or a grant or other agreement means the can- cellatlon a! Federal spOD..-.orshlp. in whole or in part. under an agreement at any time prior to the date 01 completion. b. Suspc=ion.-The suspension of a grant or other agreement Is a.n actlon by a Federnl sponsoring A{;ency that temporarUy sus- pends Federal spons:lrshlp under the grant or other agreel"ent. pending corrective nc- tlon by the recipient or pending a decision \.0 terminate the grant or other agreement by the Federal sponsoring agency. ;3. All Federal sponsoring ..gencles shnll provide procedures to be lollowed when a recipient h&5 laUed to comply w:I th the terms I A-110:15 of the grant or other agreement and condi- tions or st..andards. When thllt occurs. the Federa) sponsoring ..gene)' mil)', on rea.soll- able notice to the recipient, suspend the grant or other ..greement, and wlthhol'd lur- ther payments. prohibit the recipient lrom Incurring additional obllgatlons 01 funds, pending corrective action by the recipient, or a decision to termination In ..ccorda..nce with Jlar..graph 4. The Federal sponsoring ..geney shall allow all necessary and .proper costs that tJle recipient could not reasonablv avoid during the period 01 suspension prO"ld~d that they meet the provisions o! the applicable Federal cost principles. 4. Federal sponsoring agencies shall pro- vide for the systematic settlement or ter- minated grants or other agreements Includ- Ing the following: a. Terminalion lor causc.-The Federal spoDsorlng agency mal' reserve the right to terminate any grant or other agreement In whole or In part at any time bel ore the date 01 completion, whenever It IS determined that the recipient hns !alled to comply with the conditions o! the agreement. The Federal sponsoring agency shall promptly notU)' the recipient In writing 01 the determination and the rensons lor the termination, together ....Ith the effective date. Pavments made to recipients or recoveries by the Federal spon- sorlnr; agencies under grants or other agree- ments terminated lor cause "hall be In ac- cordance With the legnl rights and liabilities of the parties. b. Tcrmi=ticm lor ccmvcnie71cc.-The Fed- eral sponsoring agency or reclplen t mal' ter- minate grants and other ar;reements In whole or In part when both pnrtles agree that the continuation of the project would not pro- duce beneficlnl results commensurate with the further expenditure of funds. The two partles shall agree upon the termination con- ditions, Including the effective date and. in the case o! partlnl terminations, the portion to be terminated, The recipient shall not Incur ne.... obligations lor the terminated por. tlon alter the elfectl,'e date. and shall can- cel as many outstanding obligations as POE- sible. The Federal sponsoring agency shall allow full credit to the reclplcnt lor the Federal sh..re a! the noncancellable obliga- tions. properl)' Incurred by the reCipient prior to termln..Uon. ATTACHM.l:NT M.-CIRCULAa No. A-liD STANDARD FORM FOR APPLYINC FOR. TJ:DE1lAL ASSISTANCE 1. This atta.chment f'romulg"'tes a stand- a.rd lorm (SF (24) to be use<! by public Rnd .prlvate Institutions 01 higher education. public and private hospitals and other quasi. publiC and private nonproftt organizations as a lace sheet lor appllcatlons when :>pplylng lor Federal grants under pror;rams covered by Part I. Attachment A. OMB Crlcular No. A-95. In addition. agencies are particularly encouraged to etxend the use of SF 424 to common programs ....ith State and local gov- ernments where this form Is now required by FMC 74--7. 2. The SF 424 -may also be uscd. on an op- tional bnsls. to lulftll the requIrements or OMB Circular A-95 lor a notification 01 ill- tent. from applicant to clearinghouseS. th:>t Fedcral assistance "'ill be applied lor. Lcc:>l or State clearinghouse procedures wlll go,'ern the use 01 the form for this purpose. 3. The standard lorm will also be used by Federal agencies to report to the clearing- houses on major actIons taken on ""pllca- tlons reviewed by clearinghouses In n.ccl)rd- ance ....Ith OMB Circular A-95, and to notlly States of grants-In-aid awarded In accord- ance ...'Ith Treasury Circular 1082. I I Office of Management and Budget Circular A-110 (7/30/76) A-110:16 o...e App"",.1 No. 7'J-ROrll FEDERAL ASSISTANCE L I'rPPlI. .. II\IiIBER 3. ITA" A1'?UC.... CANT'S nON 1. TYPE 0 P REAPPlI CATION APPlI- b. o...1t I 0~Kll- or eAT lOf( r_ ...-... .... P'ltll ACTION 0 Jd' I'lICA TIOI( I~ (M_."" 0 NOTJFICATIOI'l OF INTUCT (t)pl.) 1..,..0.. ,....,.n..u '_l 0 RU'ORT Of rtDElW. "CHON lito... .. 11\1i18ER .. OArr r..r ~lk day A.SSICHEO 19 4. LEGAL APPLICANT/RECIPIENT S. P'~OfIVoL I':MPLOyr;R 10000TIPlCATI0N NO. .. ~pli(..lnl H..... : .. Orf.niu.tio~ U..1l : t. SI,..I/P.O. 8<lI. : d. City : I, S lrit : .. HUWBER b. TITH I I I- I I I I L &000017 : I. ZIP C<>do: r.. PRO. GRAM (Fro", ,.0<1...01 CDloalo.., k. e.nl..! p....,.. (ND_ 01 ,...,J...... 1'1..) : 7. TITLE AND DESCRlnlON Of APPLICANra PROJlCT .. ~ E ;: ~ ~ ~ ~ i &. TYPE or J-St.h 6-1"ltAllta C-Subslll. Oiririd ~n.17 E-Clly I-Wool Olrtrtd ~~I~ "'rpow ""'P~IOAN'f fRECI F'I ENT ~",uollY ^<II"" ~ ..r t l~~i~~f l~~:.ea'ion" tNtlluliOft /'.-Ct'. (S,..rl(v): s,.,t.rr .~..,...,..,:otc HUn" 0 .. TYPE Of Al\.6ISTANCE ......=a..,lc 'I"N.l D-hnurNll.. B-luPI'h...,.ut tnt'!( '-OU.er c-l... 0 6"tn G"~ IT] "nol. 1.,.....(,) 10. AREA or PROJecT IMPAC'f (1'1...... 01 .I>(u, .-..-. 5...... .....) 11. EST/Lv,reg M\J1I\.. BER 01' M!1UON& 'SUI VITI N G 12. TYPE Of Af'Pi..ICATlON A-...... C-A...id~ [-A.w,M4ift\.ltlon a...-Il.M......l ~.lh"'M,t1H. Eft''''' oppropriat, 1.U..'T 0 .00 .00 .. APPUCA.HT ~ PItOste'T 15. TYPE Of CHANGE (T"" He ... U,) ~Inc,,"," Dolh" ~1h4r (Spec/fy): S-Oecna... D.Jb" C-.",,...... o,u,..tttAI O-oect..... o.,.Uoa [_CualbtiCMI 11. P~ED PUNDINS .. FroER"l. S b. Id'PLlCA"T I 1-4. CONCIU:SS1ONAL D1STRlCTI 01': c. HATE .00 16. PROJECT START 111. I"n<lJECT DATt Fur........u. 0..7 DURATION d. lOCA!. .00 19 1d ....tlu ., OTHE~ .00 1&. tnt_TED DAn TO 1_r """"^ dov BE SU&MITTED TO I, TOTAl. S .00 fEDERAL JIoGENCY ~ 19 zo. fEDEIVoL AGENCY TO RECEIVE REQUEST lIrf_. cu.. a........ %11' ...o.J lfftt.n appro... i ".,...;ok l4U.-r(.) [l 19. EXISTING PEDERAL 10ENTIFICATION NUMBER 21. REIolAAKS ADDED o v_ 0 No %2.. I. 11 'h. tint. eo{ wry knowledi' ,"d ..I..t', d.h il'. Uli, JI'f"M4lpHutiCN'l/ap.pliutlOll. .,. k-UI aII'd couKl, >>t. doeumeftt hu ~ ou,", .utkorized b)' t,u l~iPlt bo<tr e( tt,. IrPliunt and til. lPOiic.a1l't will """"" "'th ltu ,t;.c+t.c ...,..U1IS lot lH assiM-. In.. K 'PPI'OY.d. ~. H' ,"w4nC by OM8 CII't:ula( A-9S ~n .pr4lt.1tIOA -.. ~In~. pun<<J.~t \0 il'l- .tructfOA. tn..,..In., to Ippropru" ,1..r1ft,hcHI..." ."d ,II ,,,po"US IN .rtseJuC:: No r.. eJ>C"'U' R. _fW'7U4 .t&...e~ ~ ~ E 11 ~ c .. " THE APPLI CANT CERT\'f'IES THAT ~ III C2I (3) 23. I .. TYrLO tv.lIE AIIO TITU CERTIFYINC1 REPRE. SENTATIVE ~. IllltU.T\JRE 0 0 8 0 , 0 L OATE sla~o reor ........v. doy' 19 1 26. ORClANIZATIOJ'ol.A.L UNIT 17. ADMINISTAATlV[ OffICE IZS- APPLICA. l'__ -- 0167 TION RECENEO 19 2&.. fEDERAL APPLICATION 10ENTlflCATION I~' AQ U1CY ~ME ~ ~ :IS. ADDRESS ~ ~ 31. ACTION TAKtN i 0 .. AWAAOEO .. 0 ~. J;E)lCTEO Q J 0 c. IlmJ1lHliO POR ""'EHDt.lt:llT ~ 0 (. OEfl!RJlro Ei '" 0 .. WI Tll 0 RAI'ffl " 3a.. fEDERAL ACEH':Y A-95 ACnON JL ru N Orn<: .. rfDtlW. .00 \, 1J'N.llWif .00 t. n"'H .00 (. lC('.A~ .00 .. OftlU. .00 l. TO"! Al. .00 J"_ _.... oI6r \ ao:-f[DERAL OF-ANT IOEl'iTlflCA TION J..4. )'-.or ~tA U)' lIT ARTlNG DATE 19 36.. Y..r ",,0'ft..Lk "II tNOINe 011 TE 19 37. REMARKS ADDED n. M:TION DATE ~ 19 ~. COHTM:T fOil ADDITIONAL ""'OR"'A. tlOt< (X...... ..... teoj,~ ..w~Io...) :i'd.lf~~~:n:I:;.";:::; :.~cl:::;:b~~ ~~':i:~iO~~~rc::- ~t lit Iwt.t ...... w .. ....... .&Gt. o Yu ONo \. rEOERA.l. AGENCY ~9' Of"fICIA.l. ."'"G-nUl .,.,d ~p..lw>tw" "-0.) "-T/~I!""'l"""~ ~~u J.,J PA"'" , ""_-''''1 " , _I Office of Management and Budget Circular A-110 (7/30/76) A-110:17 SECTION IV-REMAAKS (PleGJIe referenu tM pr~r lum "umbN" from SutUnu 1,11 &f" III, if appli.ca.bLe) 4 , STANDARD FORM 424 PAGE 2 (10-75) I I fice of Management and Budget Circular A-110 (7/30/76) A-110:18 GE~ERAL INSTRUcnOHS This is a multi.purpose standard form. First, it will be used by applicants as a required facesheet for pre- applications and applications submitted in accordance 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 OMS 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 notificalion of intent from applicants to clearinghouses. as an early initial notice that Federal assistance is to be applied for (clearinghouse procedures will govern). ^ppu~rr PROCED~nES FOR SECTION ^pplicant will complete ell items in Section I. If an Item is not applicable, write '"N^". If additional space is needed, insert an asterisk ....., and use the remarks 5eCl.ion on the back of the form. N1 explanation follows for 0bCh item: Item 1. MarK appropriate box. Pre.appllaltiQn Ilnd applica- tion guidllnce is in FMC 74-7 and Federal agency program instructioll$. NotlflCl'ltion of intent RUId- llnCe is in Circular A--95 procedures from clear. inghouse. Applicant will not use "Report of Federal Action" box. 211. Appll~nt's own control number, If deslmd_ 2b. Ollte Section I Is prepared. 311. Number DS51gned by State c1el1ringhouse. 0( If dole- gated by SllIte, by areawide clearinghouse. All nil- QUests to Federel egencies must c:orrtDin this identi. fier if the pl"Ogmm is covered by Cincular 1r-95 I1nd required by applicable. State/areawide clearing- house proce<lu~. If in doubt, consult your clear- inghouse. 3b. Dele Ilppli~nt notJfied of clC(lrinll'house ld:tnt:ifiGr. 4&-4h. Leglll name of eppllcent/redplent, nllme of primary ol"llllniz.otional unit ~tJich will undcrtzJk8 the assist. ance Dctivity, comp:=te address of epplicant, e'!<l neme and tolephone number 01 pcrson who can pr0- vide further information ebout tnis request. 5. Employer identification number of eppli~nt liS as- signed by Intornlll RlMlnue ServIce. Ga. Use Catzll08 of Federnl Domestic Msistance num- ber assigned to prt>(STllm under which aS3istance is requ~ed. If more tnan one program (e.&-, )oint- funding) wme '"multiple" and explain in reffillro. If unknawn. cite Public Lnw or U.S. ~. 6b. Program tltMl from Fe<lonIl Cl:tBlog. Abbrevlllte If n ecessa ry . 7. Bricf title and appropriete de:scriptlon of project. For notifiClltion of intent. continue in rem!lrks sec. tion if n~Sllry to convey propcr description. 8. Mostly aelf-cxplanatory. "City" includes tawn, town. ship or other municipality. 9. Check the type(s) of assistance requested. The definitions of the terms a~: A. 8llslc Grnnt. An original request for Fedcml funds. this would not include any contribution provided under II supplement:el grant. B. Supplemcnt:el Grant. ^ request to increose a basic grant in certain ~ses when! the eligible applicant cannot supply the required mlltthin8 share of the bllsic Federal program (e.g., grants Ilwarded by the I\ppalachilln f'lcgiolllll Commis. sion to provide the Zlpplicant II matthing Shll~). C. Loan. Self explllnDtory. Item 10. 11. 12. D. IMOrance. Setf explanl1bJry. E. Other. Explain on rern:arks p8ge. Govemmerral. unit whenl ltignificllnt and mellning. ful impact could be observed. LiIOt only Iel"llest unit 0( units affected, such as Sbrte. county, or city. If entire unit aft1:lcttK:\, list It rather than 5Ubunlts. Estimated number of persons directly benefiting from project.. Use appropriate code letter. Definitions are: A. New. A submittal for the first time for e new protoct. 13. B. RenewaL N1 extension for en eddttional funding/ budget pcriod for a project h!lving 00 projected completion date. but for which Federal support must be rencrwe<l eoch year. C. Revision. ^ modification to project neture or SCOptl which mil')' result i" funding chZlnge (in. crease 0( Oecreese). D. Continul!tion. N1 extension for an eddltlonlll funding/budget pcriod for a pro~ the agency initially agreed bJ fund for a definite number of ycers. E. l.ugmcntat:ion. ^ requirement for edditional funds for a project previously awurde<l funds in the SlIme funding/budget pcriod. Project nature end scope unchanged- knount requested or to be contributed during ,the first funding/budget pcriod by eech tontrib\r.br. Velue of in-kind contributions will be Inchwed. If the action is a change in dollar amount of en exist. ing grent (II revision or augmentation), indicate only the emount of the chllnge. FO( decreases en. close the amount in parentheses. If both basic and 5Upplem"ent:e1 amounts are included, breakout in remarks_ For multiple proer<lm funding, use totals and show progrnm brenkouts in remarks. Item defi. nitions: 13a. amount requested:tram Federal Gov. ernment; 13b, amount appliCllnt will contribute; 13c, amount from State, if applicDnt is not Il State; IJd, amount from local government. if applicant is not a local government; 13e, amount from Ilny other sounces, explain in ~mar1ts. ~ explaoatory_ The distnet(s) where most of actual worK will be accomplished. If city.wide or State-wide, covering severn I distric:U, write ..city-w>de" or '"State-wide." Complete only for revisions [Item 12c), or augmen- t.zrtions (item 12 e). 148. l4b. 15. STf\NMRD FORM 424 PAGE 3 (10-75) , I , . , o I .I Office of Management and Budget Circular A-110 (7/30/76) A-110:19 Item 16. 17. 18. Approximate date project expected to bepin (usulllly IIs!>OCiat~ with estimated date of llvailabllity of funding). Estimated number of months to complete project lifter Fedoral funds are IIvailable. Estimoted date preapplic-..etion/eppllcation will be submitted to Federal agency If this project requires clearinghouse review. If rllview not required, this date would usually be wme as date in Item 2b. Item 19. Existing Fedel1ll identification number If this is not II new request llnd directly relates to 8 previous Fedel1llection. Otherwise write "NA". Indic8'le Fedel1ll egency to which thiS request is addressed. Street address not required. but do use ZIP. 20. 21. Check appropriate tx:x as to whether Section IV of fonn contains rema/"lU end/or additional remarks ere attachod. APPLICANT PROCEDURES FOR SECTION \I Applicants will II I ways complete Items 2311, 23b, and 23c. If clearinghouse review Is required, Item 22b must be fully com. pleted. An explanation follows for each item: Ilem 22b. z.3.a . Ust cleorlnghousM to which submItted end shoW In IIppropriote bloclu the s18tus 01 their responses. For more then three clearinghouses, continue In remarlu section. All written commenu aubmltted by or through clellringhousell must bo attached. Nllme ond title 01 lIuthorized rep~n18tive of leglll applicant. Item 23b. Solf explanlltory. 23c. Self explanatory. Nole: Applicant completes only Sections I and 11. Section III is completed by Fedoral agencies. FEDERAL AGENCY PROCEDURES FOR SECTION III Item 24. Executive department or Independent agency hllving program lldmlnistra~ion responsibility. Self explanatory. Primary organizational unit below department level having direct progl1lm management ~ponslbillty. OOic:o directly monitoring the program. Uu to identify non.award actions where Federal gTllnt identifier in item 30 Is not applicable or will not suffice. Complete add~ of administering office shown in Itom 26. Use to identify award actions where dlnerent from Fedel1ll application identifier In item 28. Self explanetory. Use remarlu secrion to emplify where appropriate. Amount to be contributed during the first funding! budgct period by each contributor. Value of in.kind contributions will be included. If the action is II change in dollar amount of lln existing gl1lnt (a revi. sion or augmentation), indicate only the amount of change. For decreases, enclose the llmount in p<>' rentheses. If both basic and supplemental amounts are included, breakC'ut in remarlu. For multip~ pro. llrDm funding. use totllls one show program break. outs in remarks. Item de;,nitions: 320, amount awarded by Federal Government; 32b, amount ap' plicant will contribute; 32c. amount from State, if applicant is not a State; 32d. amount from local government jl applicant is not a local government; 32e, amount from any othlli" ~ources. explain in remarks. Ollte action was taken on this /"Cquest. Dote funds will become available. If applicant-supplied infonnation in Sections I and II needs no updllting or adjustment to flt the finlll Federal llctlon, the Federal agency will complete Section III only. An explanlltiol1. for each Item loll~: 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. Item 35. Name and telephone no. of agency person who can provide more informlltion resarding thl~ a ssis18 nee. Date after which funds will no longer be available. Check llpproprillte box es to whllther Section IV of lorm contains Federal remarks and/or attachment of additional remllrks. For use with A-95 action notices only. Name and telephone 01 person who can llssure that appropri- ate A-95 action hilS been taken--If same as person shown in Item 35, write "same". If not applicable, write "NA". 36. 37. 38. Federal Agency Procedures-special considerations A. TrellsUry Circular 1082 compliance. Fe4eral agency will assure proper completion 01 Sections Illnd III. If Sectioil I is beins completed by Federal agency. all applicable items must be filled in. Addresses of State Information Recep. tlon Agencies (SCIRA's) lire provided by Trc.asury Depart. ment to each agency. ThIs fonn replllces SF 240, which will no longer be used. B. OMB Circulu A-95 complience. Federlll llgency will as. sure proper completion of Sections I~ II, llnd III. This form is required for notifying all reviewing clearinghouses of ma;or actions on all programs reviewed under A-95. Addresses of State and areawide clearinghouses art pro. vided by OMS to each agency. Substantive differences between applicant's reQLfest and/or clearinghouse recom. mendations. llnd the project as finally awarded will be explained in A-95 notifications to cle:Hinghouses. C. Special nole. In most, but not all St~tes, the 1-.-95 Stat'3 clearinghouse llnd the (TC 1032' SCIRA are the same office. In such cases. the A-95 8wnd notice to the Stal-e clearinghouse will fulfill the TC 1082 aw<lrd notice reo Quirement to the State SCIRA. Duplicate notification should be 8voided. STANDARD FORM 424 PAGE 4 (10-75) '- I Office of Management and Budget Circular A-110 (7/30/76) . ATTACHMENT N.--cIRCULAR No. A-1I0 PRorER,TY MANAGEMENT STANOARDS 1. This attachmcnt prcscribes uniform standards govcrnlng management 01 prop- crt)' furnished by the Fedcral Governmcnt or whosc cost was chlU'ged 1.0 a project sup- port.cd by a Fedcral gra.nt or other .arreement. Fcdcral sponsoring agenclCS shall requlrc re- Cipient.' 1.0 observe these sLandards under grants and other agreemcnts and shall not Impose additional requlrcmcnts unless spe- cHlcall)' required by Fedcral law. The recipi- ent OlDy use Its own property management standards and procedures proVldcd It observes the provisions 01 this attachment. This nt- tachment also applies 1.0 subreclplenLs a.s referred 1.0 In parngrnph 5 of the ba.slc clr- culnr. 2. The following definltlons npply for the purpose of this attachment: ... Real property._,enl property mcans l..nd, Including land Improvement.s, struc- tures and appurtenlUlces thereto, but ex- cludIng movl\ble ml\chlner)' and equipment. b. Personal pr01Jerty.-Pe~Dal property of any kind except real property. It may be tnnglble-ha,'lng physical exlsLencc, or IDLlln- glble-havlng no physical existence, such I\S patents, Inventions and copyrights. c. Nonexpendable pcrsonal property.-NOD- expendl\ble persoDal property means tangIble personal propcrty ha,'lng a useful IHe of more than one year and an acqulsltlOD cost of $300 or more per unit exempt that reclp- leDl.5 subject to Cost Accounting Standards Board regulations may use the CASB stand- e.rd of 1-500 per unit and useful We of two years. A reCipient may use Its own defiDltlon of nonexpendable personal property pro"lded that the definition would at lea.st Include all tangIble personal property as defined nbove. d. Expendable personal property.-Expend- able personal property refers 1.0 all tnnglble personal propert}. other than nonexpendahle property. e. Excess property.-Excess property means property under the control of aDY Feder..l agency th..t, as determined hy the head thereof, Is no longer required for ILs needs or the dIscharge o! Its re.sponslbllltles. !. Aequuition cost of purchascd none>:- pendable persO'Tlal property.-AcqulsltloD cost o! an Item of purch....ed none>:pendable per- &onal propert}' mel\ns the net Invoice uDlt price of the property IncludlDg the cost of modIfications. attachments, accessories or auxUlary npplU"atus neccssary to make' the property usable tor thc purpose for which It ....ns acquired. Other charges such n.s the cost of Installation, trnnsportatlon, taxes. duty or prot.cctlve In-transit Insurance, shall be Included.or excluded from the unit acquIsi- tion cost In accordance wIth the reclpleDt's regular accounting practices. g. Exempt properfy.-Exempt property means tangIble personal property acquIred In whole or In 'part With Federnl funds, and title to which Ls vested In the recipient with- out lurther obligation to the Fe<:leral Govcrn- ment except as provIded In subparagraph 6a below. Such uncondItIonal vesting o! tille wUI be p\lrSuBnt to any Federal legislation thnt pro"Ides the Federal sponsorlnE; agency wIth n.dequate authority. 3. Real pTopcrry.-Each Fcder"l spor-sorlng agency shnll prescrIbe rcqulremenLs tor re- cipIents concernln!! the use nnd disposition 01 real property acquired parLly or. wholly unoc:- ~rnnt.s or other ngrccnlcnts. Un)cs..c:; otherwLse pro\'lded by statut.c, such re'lulrc- menlS. a.s " mlnimul11. shall NIJ1.nl:1 the :0110"'lng: B. Title 1.0 real propert\. shall vest In the recipient suhject to the condition that the recipient shall use thc real properLy lor the l\uthorl.zed purpose of the proJecL,'ns long as It 15 needed. b. The recipient shall obtain ..pproval by the :f'ederal 5ponsorlng 8{:ency for the use of real property ID other projects when the re- cipient determines that Ll1e properLy Is no longer needed for the purpose of the orlgl,,,,1 project. Use In other proJecLs shall be limited to th,,,,,e under other ledeTluly sponsored proJ- ects (I.e., grant.' or other lLgreemen15) or pro- J;rnms thnt have purposes eonslst.cnt with those nu thorl7.cd for support by the J-'cdersl sponsorIng "fency. C. When the real property 15 no lonl:er needed n.s provided In n "nd b ..bove, the recIpient shan request dll<p051t1on In5truc- tlo"-' from the Federal 5pon50rlnc nr,ency or Its luccessor Federal 5pon5"rlnr, ILI:ency. The Federnl sponsorlnl: Bl:ency slll.1I observe the followlns rules In the disposition Inl<truc- tlons: (I) The recipIent mBY be permitted 1.0 re- lain title alt.cr It eompensntcs the Federal Government In I\n ..mount computed by ap- plying the Federal perceDtar,e of plU"tlclpa- tlon In the cost of lhe original project 1.0 the fair market value of the property. (2) The recipient may be directed 1.0 nell the property under guidelines provided by the Federal sponsorIng asency ..nd pay the Fe:leral GovernmeDt an amount computed by applying the Federal percentnge of par- tlclpatlon In the cost of the orlgln..1 project 1.0 the proceeds from sale (aft.cr deducting actual and reasonable selllns "Dd flx-up eX- penses, If any, from the snJes proceedS). When the recipient Is authorll'.cd or required to sell the property, proper 6ll.Ies procedures shall be established that provIde for competi- tion 1.0 the extent practlcl\ble "Dd result In the highest possible return. (3) The recipient may be directed to trans- fer title 1.0 the property 1.0 the Federl\l Gov- ernmeDt provIded that ID such cnscs the recipient shall be entitled 1.0 compensation C:lmputed by applylns the reCipient's per- centage of participation ID the cost of t.he program or project to the curreDt fair market value of the property. 4. Fcd.eTaly-owned n.onczpcndabl<: p"1'Oo=1 property.-Tltle 1.0 federally-owDed property remains vested ID the Federal Government. Recipients shall suhmlt ..nnul\lI}' aD IDveD- tory listing of federally-owned property In their cusl.ody 1.0 the Federal sponsoring I\geDcy. Upon completion of tbe l\gTeemeDt or when the property 15 no lODger needed. the recipIent shall report the property to thc Federal" sponsoring asency tor further agency utllI7.ntlon. If the Federal sponsorlns ageDcy has no further need lor the property, It shall be declared excess and reported 1.0 the General Sen'lces AdmlnlstrtloD. Approprlat.c dlspo~l- tlon Instructions ....111 be Issued to the re- cipient after completloD of the Federal ..sency review. 5. Exempt property.-When statul.ory aU- thority exists. (e.s., P.L. 65-934. 42 U.s.C. 1692) title to nonexpendable personal prop- crty acquired ",'Ith project funds. shall be '<"ested In the recipient UPOD acquisition un- less It Is det.crmlned that 1.0 do SO Is not In lurtherance of the objecLlves of the Fedcrnl sponsoring acenc)'. Whcn title Is vcst.c:1 In the recipient. the recipient shall have no other obligation or nccountahlllty 1.0 the Feder..l Government for Its use or dl5posl- tlon except ns provided In 6n bclow. fi. Othcr noncIpendablc propcrty.-When other nonexpendable tanr.lhle personal prop- ert)' Is ncqulTe<:l by a recipient wIth project lund~. title shall not be tnken by the Fe:l- cr,'\l CrO\"C'rnnlC'nt but sht'\lI f't'st. In th!' rt'- clplen~ subject to the lollowln~ conditIons: a. Right to tTanslcT tit/C.-For Itcms of nonexpendnble personal properly h""lng .. unit ncquisltlon C05t of ~1.000 or more, the Fcdcrnl sponsoring ngcncy mRY rc~crvc the riCh t 1.0 trnnster the tl tic r..o the Federal I A-110:20 Government or to a third party JlRJlH'd by the "'cdcrfLl Government.. when t;uch third parLy Is otherwise eliglhle under exl5Ling su.lutes. Such reservation shnll be subject LO the lollowlng standards: (I) The property shall be appropriately l<lenlllie:1 In the gr..nt or other agreement or other....lse made known to the recIpient In wrIting. (2) The Federal 8ponsorlng ngency ~hnll Is.sue disposition I,,-,tructlons withIn 120 cnl- eudar dnys nrt.cr the end of the Federal sup- port of the project for which It was ncqulred. II lhe Federal sponsoring agency fl\lls to Is-suc dlsp""lllon Instructions within the 120 cnl- emlnr day period. the recipient shnll npply lhe sLnndl\rds of subpnraG'mphs fib nnd 6C ns npproprlate. . (:I) When the Federal sponsorinG' Bgency exercises Its right to take title, the personal property shall be subject to the provisions lor lederally-owned nonexpendahle properly discus-sed In pl\ragraph 4, above. (4) WheD title Is transferred either 1.0 the F'e<leral Oovcnunent or 1.0 a third pRTLy.lhe provisions of nub paragraph <lc(2) (b) should be followed. b. U~c 01 other tanqible nonexpendable property lor whi.ch the recipient hlL! title. (1) The recipient shall \U'oe the property In the project or program. for whlcb It was acquired ILS'long ns needed, whether or not the project or prog'ram continues 1.0 be sup- r><>rted by Fe<:ler..1 funds. Vlhen no longer needed for the orlG'lnal proJect or progmm, the reclpleDt shall use the property In con- nection with Its other federnlly I;ponsored n.cllvltles, ID the following order of prlorlt}.: (..) Activities, ID the following order of priority: (b) Activities sponsored by other Federal "Gencles. (2) Shared "-",,.-Durlng the time that nonexempt nonexpendable persOnal proper- t). IS held for use on the project or program for which It WILS acquired. the reclpleDt sbnll make It avallahle for use on other proJ- ecLs or programs If such other use will not IDt.crfere with the work on the project or program for which the property was origi- nally &Oqulred.. Plrst preference for such other use shall be given 1.0 other projects or pTO!n""ffiS nr><>n&ored hy .the Federal I\gency that financed the property: 5ecODd prefer- eDce shall be glveD to projects or programs 2<pOnsored by other Federal asencles. If the property Is ovmed by the Federal Cklvern. ment, use on other activities DOt sponsored by the Ft:dernl Cklvernment shall be per- missIble If authorized by the Feder..1 agenc)". User charges should be cODfldered 11 appro. prla te. c. Duposition 01 other n.oncxpcnd!,ble )'>Toperty.-When the recIpient no longer needs the property ILS provided In 6b above, the property may be used for other actl'/I- ties In accordance wltb the follo....IDg stand- IU"ds: (I) Non.cxpcndablc property with a unit acquisition co.t 01 Lcs~ than $l.OOO.-TIle rc- clplent may use the property for other activi- ties without relmburnement to the Federll.l Government or sell the propert)" and re- tnln the proceeds. (2) Noncrpcndablc personal )'>Topcrty with a unit acquuition co.t 01 :!,OOO or mOTe.- The recipient mn)" retnln the property for other uses provided that compcnsatlOn Is mnde 1.0 the original Fedeml sponsoring agency or ILs successor. The amount 01 com- pell""Uon shnll be computed by nppl)'lng tile percent"'ge of Froeml p..rtlc1r":IOll In the co..st of lhe orlglnRI project or pro!;mm to Ule current fair market. vnlue of the propert.y. Jr the recipient hILS no need lor the property and the properly hn.s further use val uc. the reclpSent shnll H'!'<.]\Jcst disposition instruc- tions from tbe orlglnnJ sponsoring agency. I Office of Management and Budget Circular A-110 (7/30/76) The ~e/"l\1 spon.orlng I\gency shnll deter- mine whether the property can be u,ed to meet the agency', requirements. If 110 re- quirement eXls\", within that ngency. the availability 01 the property shall be report- ed to the General Services Admlnl.tratlon by the Federal agen"y to del,ermlne ....hether a requirement lor the property exist., In other Federal I\gencle.. TIle Federal sponsorln!; agency sl'ol\1l Issue Instrucllons to the recipi- ent no Inter than 120 dnys alter the reclpl- ent's request nnd the following procedures shall govern: (a) 11 so Instructed Or If dlsposlllon In- structions are not Issued within 120 cl\len- dnr dnys niter the recipient'. request, the recipIent shl\ll sell the property I\nd reim- burse the Federal aponsorlng agency an amount computed by applyIng to the sales proceeds the percentage 01 Federal p!\rtlcl- patlan In the cost 01 the orIgInal project or pro!;'rnm. However, the recipient shall be permitted to deduct nnd ret..ln Irom the Fed- eral shnre 1100 or ten percent 01 the pro- ceeds, whIchever I' grenter, lor the reclplent.s selling and handllng expenses. (b) II the recipient ts Im.tructed to ship the property elsewhere, the recipient shnll be reimbursed by the benefiting Federal ngency with an amount which Is computed by applying the percentage 01 the reCipient's participation In the cost 01 the origInal grnnt project or program to the current lair market value 01 the property, plus nny rensonable shipping or Inter1m storage costs Incured. (c) l! the recipient Is Instructed to other- wise dispose a! the property, the recipIent shall be reimbursed by the Federal sponsor- Ing agency lor ouch costs Incurred In Its dl.,posltlon. d. Property manapement .tandard. lor nonerpendable properly.-The ~eclplent's property management standards lor nonex- pendable personal property shall Include the loll owing procedural requirements: (1) Property records shall be maintained accurately and shall Include : (a) A description 01 the property. (b) Manull<Cturer's serIal number. model number, Federal stock number, natIonal stock number, or other Identlncatlon num- ber. (c) Source 01 the property, Including grAnt or other &STeement number. (d) 'Whether title vests In the recIpient or the Federal Gove,n>ment. '(e) AcquIsltlon date (or d..1e received, II the property ...'as furnished by the Federal Oovernrnent) and cost. (I) Pcrcentage (..t the end 01 the budget you) 01 Federal partIcipation In the cost 01 the project or prosram lor ...'hlch the prop- orty ~'as acquired. (Not applicable to prop- ...ty furnished by \he Federal Government.) (g) Location, use and condition 01 the property and the d..~e the Inlormatlon was r.porte<1. (h) Unit ncqu\.cltlon co.t. (I) Ultlmnte dlsposltlon data. Includln. do. Ie 01 disposal and sales price or the method u5ed \.0 determine current falr market. va.lue ....here a. reclp'~nl compen~R.t.es the Federa.l ""onsorlng asenc)' lor Its ~har.. (2) Propert'\' owned bv the Tederal Gov- ernmont muai be m""k~d to Indicate Ted- eral ownership. (3) A physlc..1 Inventory 01 property .h..1I be taken and the results reconcIled .dth the property recorc\.s at le..st once ever'\' two yeMs. An)' dlnerencn between quantities de- termined by the physlcl\] Insp.ctlon and thqse shown In the accounting records shall be Investlgl\ted to determine the cl\uses 01 the difference. The recipient shall, In connec- tIon wIth the Inventor)'. verily the existence, current utlll.:z.atlon, ..nd continued need for tho property. (4) A control .),.tem .hl\ll be In e:roct to 1naurf adequn.t.e a:n.1.~un:-d5 to prc't'cn~ l~. damage, or thelt 01 the propert.y. Any lON, daml\ge. or thelt of nonexpendnb!e property shall be Investigated and lull)' documented; 11 the propert)' ""'" owned by the Tederal Government. the recipient .haIl promptly nO- tlly the Federal sp,'n.orlng asency. (5) Adequately maintenance procedures shnll be Implemented to keep the property In good condition. (6) Where the recipient Is l\uthorl7.0d or required to scll the property, proper "ales procedures shnll be established which would provide for competition to the extent prnctl- enble and reslllt In the highest possIble re- turn. 7. E:r:pendablc peT50nal properly.-TltI. to expcndn!>le personal property shnll yest In the recIpient upon ..cqlllsltlon. II there 'Is a residual Inventory 01 such property exceeding 11.000 In totnl aggregl\te lair market value, upon termination or completion 01 the grant or other agreement, ..nd the property Is not needed lor any other lederally sponsored project or program, the recipient sh..I1 retain the property lor u.,e on nonlederally spon- sored activities. or sell It, hut must In elLlrer . case. compensnte the Federal Go\'ernmont lor Its &hare. The amount of compensl\tlon shl\ll be computed In the snme m..nner as nonexpendnble personal property. 8. Intanptble property. a. InlJention$ and palcnt..-Ilany progrnm produces patentable Item... p..tent rlght.., processe.. or Inventions, In the cour.. 01 work sponsored by the Federal Government. such lact shall be promptly and lully report- ed to the Federal sponsoring ngency. Unless there Is .. prior ..greement bet",'een the re- cipient and the Federal sponsoring agency on disposition 01 such Items, the rederl\l spon50rlng agency shall determine whether protection on the Invention or dLscovery shnll be &Ought. The Federal spon.orlng agency will also determine how the rlshts In the In- vention or discovery-Including rlshts under any patent l'\SUed thereon--6hnll be ..lIocated and adminIstered In order to protect the pub- lic Interest consIstent wIth "Government Patent Policy" (presldent's Memorandum for Heads 01 Executive Departments and Agencies, August 23, 1971, and statement 01 Government paunt Policy as prlnte\! In 36 F.R. 16889). b. CoPyri9h.t..-Except as other",.l.s. pro- vided In the terrru; and condltlons 01 tbe agreement, the author or the recIpient org..n- IzatlOn Is Iree to copyrlf!:ht any books, pub- llcatlons. or other COp)":'lghtable ma~rloJ. dt'\'eloped In the CaUl''' alar under a red- eral agreement. but the Peder..1 'pOll3Orlng agency shall reserve .. ro)'alty-Iree. nonex- clusIve and Irrevoc"ble right to reproduce, publlsh. or other",'lse use, and to authorla.. others to use. the work lor Government pur- p05CS. ATTACHMJ:KT O.--CIllCt7t.A" No. '\-110 P'IILOCU,..NXNT STANDARDS 1. Thl' r.ttachment proTld... a.t..nd..rds for ule by rec!plents In establlshlnt procedures lor the procurement 01 a.upplles. equipment. construction and other .erTlce. with reder..l lunds. These stand..rd~ ue lurnlshed to en- sure th..t .uch materlall and service. ..re ob- taIned In ..n eflectlve m..nner "nd In com- pliance with the provisions 01 appllc..ble Ted- er..1 I...... and executIve orders. No addltlon..1 procur.ment st&ndards or requirements sh..ll be Imposed by the reder..l sponsorIng agen- cies upon recipIents unless speclncILlly re- qulr.d by l".ederal stntute or eucutlve orders. :2. The standards contained In this atl...ch- ment do not relieve the recipient 01 the con- tractu,,1 responslbllltle. ..rising under Its contrac"'. The recipient Is the respon""ble ..u- thorltr. without TecoUr~e t.o the P'cdera.l spon- sorlnr.' agency regarding the settlement I\nd sntlsrl\ctlon 01 ..11 o.o"tractual and I\dmlnl>- I A-110:21 t,..~I.. IIIUK arising out of procurements entered Into, In lupport of .. grnnt or other a!,reement. Thll Indudes dl'putes, cll\lm.,. prolt~l& of "wnrd. .o\)riM .vA.luRtlon or othf>T matte" of a eontractuftl nR.turc. M.f\ttf>l"8 con- cernln. vlolntlnn 01 11\'" MO to be referred to s\Och locl\l, 8tl\te or Tederal ..uthorlty M may han proper tur\edl<:tlOn. 3. Recipients mo., u... their own procure- ment pollclel and proced\lres. flowever, all re- cipients shnll adhere to the Itandl\Tds oet lorth In parngr..phl 3 and 4. a. The recipient .hall mnlntRln a eode or stnndo.rd., 01 cond\lct th..t .hall ~oYern the perlormnnce of l\a omcer., emploYNls or nGents encaged In the aWl\rdlnr. nlld ndmln- Istratlon 01 e()n~r"cts \I"lng Federnl I\lnds. No employee. omcer {)(' a~ent sh,,1I pnrtlclpnte In tho .eleetlon, ......ard or ndmlnlstratlon 01 a contr..ct In whIch l"edera} lunds Me \lsed, where. to hi, knowledse, he or his Immedll\te lnmlly, partners, or organization In .....hlch he or his lmmedlnte lnmlly or pnrtner h.... a nnnncllll Inlerest or ....Ith whom he Is nego- tll\tlng or hM any arrangement concerning pro.pectl.. employment, Th. recipient.,;. of- neer>, employees or agents sh..lI neither .ollc- It nor aoeopt gratultlel, Il\vors or I\nythlng or monet.ary Vf\hle from contrnctoTs or poten- tl..1 contrl\ctors, ~uch Itandnrds shall provide lor dIsciplinary actions to be applied lor vio- lation. or such st..ndards by the reclplent.s' officers. employees or lLf':ents, b. All procurement vansactlorul shall be conducted In a mnnn..,- \0 provide, to the .maxlmum extent practlc..I, open and lree camp' titian. The recipient should be alert to org-r.nl"'''tlonn.1 conmcts 01 Interest or non- oomp..tltln prftoCtlces ..mo"g oontrnctoTl! that mAY res\.Met en- eUm1n..1e competitIon or otmerwL-..e re.trAl" lrlUle. In order to en- sure objectlTe contrlLCtor perlorm..nce ..nd ellmln..t.<> unltlJr competltlv. ad 'l'an tl'f',., con- trn.cllOrs that develop 00" llrr..1t spectncatJoD5. requl~ment.s, O'tntemenl1s 01 wor~, InvIta- tions Jar bIds and/D<" requoots lor ~Is should be excluded lrom c..o<npetlng lor .uch procurements. AvmrOa Ill:>eJ] be made to the bldd~/oll'erOl' ....hose bld/orrer l.3 rCtSpOn&lve to thl .elicitation &nd 101 meet a.dv..nta.gCO'Ull to the reclJ>>efit, P<'lce and other lacto"' oon- sider<<!. Sollclte.tlolOl shell clearJ)' set forth I'll requlrement.s th"t the bidder /oll'e<ror must lu.Jt\1l In order lor h1<5 b+d/oO'er to be e",lu- ..ted by ~h. re<::lplen~. Any and all bld3/orrer! 1TlI\1 be rejecloed when It ls In the reclplent's Int.trut to do 80. c. All recipIents ..."all ....t<\blh;h procu:-e- ment procech1reo t,b&t proTl<1~ lor, at a mln- Imum, the lollowlng Jl'I"?C"<Iur&!Tequlrements. (1) Proposed prOcf1rea>ent actions shall 10110.... a pr~ur. to ...."ure thl avQ1dt\nce 01 pUrcllMlng unn~y 0<' lhlpllca.ttve l\..onu. "''here ",pP<'opri&k. an an..!}"'\<> sh..lI b. ~ 01 le&6C and purc.h......e, ..Jt.,,-na.t.!'.... 00 dekrmlne whloch ",,'Ould b. the most eoonomJOAl. p"..c~\cB.1 proe-urement. (2) foollcl\:J8.\loru lor ~c:>od<o and "",nlces .hall b. 'btued upon .. c~ar ..nd accurate doecr1ptlOn 01 the \c<>hnic..J reql1Jnmenl.6 ler th. rn..t.<'l..l, proc:h.><t or "..,,-Ice to be procurod. Such .. d.,..,rl?t.IOn shr...ll not. In com.petltlve pT'OCurem..nu. contl'ln lee.tur"" ....hlch unduly r...tMct com.pltltlon. "Br..nd "...m. or .qu...l" desCTlptl<>ru mny be u..d Lll a mep\n& to ~nn. the pertormr..noc or other ....1I.nt 7equlr......ent.o of a procurem.nt, ..nd ....hen 0.0 \lood the "peclnC features 0: the n..mKl bn."d ,..h.1ch must be met by blddon / orrer~rs .ha.J.l be clearly opeC1ned. (3) Posltl.... elTorts "h..1I b. mMIe by the reclplenL' to utilize sm..lI buslneM .."d mJ- norlt\'-own~d buslneN sources of &upnUel and ~.,.vlo.es. Such effor\.l should allow the... sourcu ~he maximum f....lbl. opportunIty to comp.\.o lor contract. utll1r;lng :r.der..l lunclc. (4) TIlt tY'Pe of proel1rln~ lrutrumonr.o u,C'd. ...., IIxed prlc' oont,......t.s, ooet r.l1\'I- I Office of Management and Budget Circular A-110 (7/30/76) burMl>le oontract.s, purch,,-'" orders, Incen- tIve contrnc\..~, shall be deLermL")ed by t.he rrelplent but mll5t be appr<,prlate (or the partloulnr procllroment and (or pwmf>t1nr, the best Int,crl>5t of t.he prormm Invol\'cd. 111e "eost_plll.;-n-percenl-age-ol-co.st" meUl' od o( cont.rn..ctlng shall not be used, (5) Contrn..c\..~ shnl be mfloe anI)' with re- sponsible con tr!\Ctor.5 who p'...."C66 the po. tentlonll.l Ilblllt)' to perform succe3.'\fully undN the t,crms "nd condItions of a pro- posed procurement.. Consideration shnJl be given to such mAtt,cr6 e.s cont.rn.ctor In te(;T1 t)', rcoon::! of past per(ormn.nee, finnnclnJ and \.CChnlonl resourcc.s or n.c<:C'>5H,lllll' to oUler ncces:s.n.ry rCSO\1rr..cs. (G) All proposed sole source conlruet.' or wJH'rc only one bid or proposn..l 1.5 rN:ch'cd In whioh Lhe ~(;rcg1\Le expendlt.ure Is ex- peeled ILl exceed t-5,Ooo shrdl be subject to prior approvnl nL Lhe dlscreLI...n o( !.he Fed- ernJ sponsorln.. ~ency. (7) Some lorm o( prIce or coot anal\'sls should be mnde In connectlon with e~erl' p~ocuremenL !\CUon. Price annl)'s\!; JTV\)' be n.ccompIL..hed In \'arlou!; waY-'. Inch.dln{: the compnrlson o( price quol.nUons submitted, mnrkct prices and sImilar Indicia, together wlLh l11soounts. C<<;t annl)'6ls Is the review and e\'aJulltlon of each clement o( co..>t to det.cnnlne ronsonn.blencss, alloca.blllt\' and allow....bUlty. . (B) Procurement records a.nd files for pur. chn.soes In excess of "10,000 shall Include the f 0110"'''.1 n.g: (Il) B><sls for contra.ctor selectIon: (b) Justification lor lack of competition ..:hen competitive bIds or olIe/"6 are not o b\.llJ n 00.; (c) Basis for award C06t or price. (9) A system lor contract a.clmJnlstrntlon &hllll be m.alntn.Jned to ensure contrllctor conformance with terms, condItions Ilnd specifications of the contrn.ct, Ilnd to ensure lUlequ"u: and timely lollowup o! all pur- chases. {. The recLplent shall Include, In a.cldltlon to provIsIons to define a sound and complete . ab'"eement, the followIng proY1.sloru; In all contracts. These pro\'lslons shall nlso be ap: plied to subcontracts. a. Contrn.ct.s In excess of ~IO.OOO shl\.ll con- tain contr=tual p"o\"1slons or cond:tJons that wlll dlo",' lor ad.m.lnl.strntlve. con~rn<:- 1;1..11\1 or legal romedJe:s In Instances In "'"blch contractors vlola.Le or breach conLr&.a Lerms. and provIde (or sllch remedial actions as ~y be approprlaLc. b. All contrnet.s In exccs.; o( ~IO.OOO shall conll!1.ln sul\.nble provl.slons for Le:-m.lne.tlon by Lherectplellt Incllldlng Lhe mnnne7 b\' ",'hlch LermJnatlon will be eITect.cc and the bAsis for settl..,nen-l. In a.cIdltlon, sue.'> con- trs..ct.s shllll describe condlLlcns unde~ whIch Lhe oonld"n.ct mJ\Y be LennlJll\.\..ed for dcfllult a....; wcD fL.S colH..ltUons where the ('onlrfLCt. nlay tH:' t.('rtn!llnlcd bC'C1\..\1~C of OITCUJ11..~lu.nc~ be- yond the COllLrol o( Wle oonuact.or. c. In a.il cont-fRets for con!'lrucllon or !R- e.l1ity Improvement a"',,rded for more t1Wll S;lO(),OOU, recipient.. shnll OU5l"l"\'e l.he bolld- Ing rcqulrement.s pro\'1ded In ALt.HchlllellL D to this clrcullU". d. All contrl\Ct.~ awnrded by reclplenLs Ilnd their oonld"!\Clor; or sllbpnnte'!S hl"'lnl; a vnllle of more than $10.000, shall cont..ln a pro\'ISlon reqlllrUlg compltnnc"" "it.h Execu- tive Order 1124G, entitled "Eq II nl F..mploy- ment Opportunlt)'," ns amendcd by ExecutIve Order 11375. and as supplemented In DepMt- ml'n t o( Labor reg illations (41 CFR. Pnrt GO) . c. An contrnct.s nnd suh~rnnt.~ In excess of ~2.000 fOT construction or Tcpolr ownrdcd hy rcclricnt..o; Rnd subrcc'plcn'\..o,; ~hnU tnchldc n provision (or compliance wlLh the Copeland "Antl-Klck Dack" AcL (IB U.S.C. 814) "-' sllpplemented in Department of Lubor re~ulatlons (29 CF"fi. Pnrt 3). This Act pro- \'Ides that each contractor or subgmntee shall be prohlblLed from InducIng, by III1Y meal1S, IlI1Y person employed In the cOI\.'true- tlon. completion, or repaIr of publiC "'orl~, t.o give up any part of the compensntlon Lo which he Is otherwise entItled. The recipient shall report ,,11 suspecLeCl or reported vlola- tlons t.o the Federal sponsoring Ill;ency. 1. When required by the Federal proGram leglsJatlon, all construction contracts aWllrdeCl b)' the reclplent.s and subreclplent.s of more than f.2.000 shall Include Il pro\'lslon lor compliance ",'Ith the Da\'Is-Bacon Act (40 U.S,C. 2761' to ..-7) and ns supplemen'l.cd by nepartment ol Labor regulations (2~ CFR. Part 5). Under this Act contracLors shall be required to pay ",'ages to laborcrs Ilnd me- chanics at a rate not less than the minImum ""ages specified III a wage deLermlnatlOn made by ,the Secretary ol Labor. 1;; adClltlon, COD- tractors shall be required to pay wages not less than once a week., The recIpient shllll place a copy of the current prevailing wabe deLermlnatlon Issued by the Department of Labor In each solicitation and the award of a contract shllll be conClI.tloned upon the acceptance of the wage determlnatlon. The recipIent shall report all suspected or re- ported vlollltlons to the Federnl sponsorlnb agency. b' Where applicable. Illl contracts awarded by reclplent.s In 2xcess of ~.2.000 lor construc- tion con'tract..~ and in exceES of t.::!.500 ~or other contrllct.s thnt In-:olve the employment of mechanIcs or laborers, shall Include a pro- \'Islon for compliance ",'Ith sectIons I 03 and 107 of the Contract Work Hours and Safety St"ndarCls Act 140 U.S.C. 327-330) Il.S sup- plemented by Depllrtmen.t of Labor regula- I A-110:22 tlOI\.' (29 CFR, Part 5), Under see lion J03 (If the Act, ~llch contrnclor :->h:Lll be T('- qulTed to (".nnlpule lhr \1.'n~C5 of evcry tne- chnrlle RHO laburer on the ba.c;.ls of n standnrd work dny of Po lH)\I~ f\nd n fitl\lldllrd \\'ork week of 40 hOllrs. Work In excess o( the standnrd 9.orkdoy or wor~:wcrY.: 1~ pcrrl\ts,sllJlc IHO\'ldcd lhR.t the worker 1s cornpcl\'!-:ntcd nt n rllte o( noL less than I y, times lhe bnslc ralc of pay for 1\11 hours wortcd in excess of (\ hours in nny cnlclldn,r dny or 40 h0\1T5 In the workweek.. SecLlon 107 of the ACI. IS nppllcable to constrllction work IIlId provides that no Inborer or mechallic shnll be reqlllred to work 1n S\1rrouJldlng~ or under worktng rnudtl10ns whkh nre ullsnnlt.nry, haz.ardol1f. or dnngrroH5 \.0 hIS lH'nlth and !';I\f('ly I...." d(l_ \erJulnN1 under construc.tlon snfclv nnd hcnllh fitnlldO\rds prnI1H11,~n\.('d by the'secrr- tnry or Lnbor. These rCflutrCI1\(,lll:" do 'lot npply to th~ purchn.scs of S\1rpnC~ or nln\.c- rials or nrtlr:lcs ordinnrlly nVhllnblc Oil thc opcn rnnrkcl. or contf(~ct...c; for trl\.Jl!"porlntlon or Lral1:;;n)l~<;lon of \ntrlltb"Cncc. h. Contrl\ct.' or nl&eement.', t.he prlllclpnl }Jurpw:;c of. which I!; \.0 crclllc. dc\'clop or tln- prove prod\lct.s, proccssc5 or nlct.llods: or for explorallon InLo tlelds Lhal dlrecll)' concern public henlLh. sa(ety or welfare; or contrncLs In the field of sclcnce or lechnology In which lhere hns been IIUle ";I:nlr,cant experience out..lde of work funded by FeClernl [\.">5I,t- ance, shnll conLaln n nollce to the ellect ,thnt ml\t.ters rebnrdlng right.. to Inventions nnd mnlcrlnls gen~ratcd under the contrnct or n(;TCCmcnt n.n: :::ubJcct to the rcgulnUonf. is- sued by the Fcdernl spons.orlnG aGency nnd the recipient. The conLrnetor shall be ad- vl'-ed n..s to the source of addl llonal 111(orml\- tlon n:gnrd:ng these mnLLers. \. All negotiated conLraots (except those of '-10.000 or less) a'.:!\Tded by recipients shall Include a pro\'lslon to tbe elIect. thnt the recIpient, the Federal sponsoring agency, the Comptroller General of the UnIted States. or any of Ilhelr dilly authorl7.ed represclltn- U\'es. shall h"ve Ilcce,," to any bool:5, docu- rnent.s, pnpers Ilnd records of the contractor ,,'hlcll are directly pert.lnent to a 6pCClOc pro- grnm lor the purpose of making "udl:.s, examlnntlons. excerpt.' and transcriptions. J. Contrnct.s and subgrnnt.s o( amo\lnt.s In eXcess of $100,000 shall contain a provision that requires the recIpIent to agree to com- ply ",'Ith all applicable s\.llndlU"ds, orders or regulntlons Issued pursuant to the Clear Alr Act of :~70 (42 V.S.C. IB57 et sec;.) and the Federlll WM.cr Pollution Contrn! Act (33 U.S.C. 1251 et seq.) n..s amended. VIolatIons shall be reported to the Federa] sJ)9nsorln& ngency and the Regional .mce o( the En. \'ironment,,1 ProtectIon Agency. . IFR Doc.76-21904 Flied 7-29-76:B:45 amI I APPENDIX H OMB Circular A-122 _I . '. I Office of Management and Budget Circular A-122 (6/27/80) OfRCE OF MANAGEMENT AND BUDGET cvoolar A-122, ''Cost Principles for Nonprofit Organizations" AGENCY: Office of Management and DudCet. ACTION: Final Policy. IlIne 27. l!lUO To The Heads of Executive Departmenls and Estnblishments Subject: Cost principles for nonprofit organizations. 1. Purpose. This Circular estaLli:;hes principllls for determining costs of grants. contrilcts and other lIgreements with nonprofil organizations. It docs nol apply 10 colleges ar.d universities which ilre covered bv Circular A-ZT: Stnle. local. and fe.demlly recognized Indian tribal governments which are covered by Circular 74-4; or hos?ilcls. The principles are designed to pro\'icie that the Federal Government bear ils fair sharl:! of costs exceot where restri<:ted or prohibiled by law. The principles do not n tlempt 10 prescribe"the extent of cost sharing or ma tching on' grants. contracts, or other agreemCl~ts. However. such cost sharing or ma lching shall no: be accom;:>lished through ",rbitTary limitations on individual cost de.nenls by Fede.al agencies. Provision fer profit or other increment above cost is outsid", the scope of this Circular. 2. Sl:persession. This Circular supersedes cost principl.::s issued by indi vidual agencies for non'profit organization, 3, Applicability. <I. These principles shall be used by all.Federal agencies in determining the .costs of work performed by nonprofit organizations under grnnts, cooperative agreements. cost reimbur:;emenl contrar-Is. and other contracts in which costs are used in p,icing. administration. or s~ltlp.menl. All of these instrumenls arc nereaflcr referred to as awards. The principles do not apply to awards under which an organiza tion is not required to account tu the Governmenl for actual costs incurred. u. All cost reimbursement sulwwanls [subgrnnls, subcontracts, etc.) are subi~clto those Federal cost principles applicable to the particular organization concerned. Thus. if a subaward is to Ii nonprofit organization. this Circular 'shall apply; if a subaward is to a commercial organization. the cost principles applicable to commercial CC!1cerns shall apply; if a subaward is to R college or university. Circulur A-21 shall Rnplv: if a sul'ilward i~ \0 a StaIr.. local.-or fcdep8Hyreud~i:zed l!ldllln; tribal government, GirculllJ 7~ shall apply. 4. Definitions. a. "Nonprofit organization" means any corporation. trust. a~sociation, cooperative, or other organization whrch (1) is operated primarily for sdcntific. educational. service. charitable, or similar purpose& in the public interest; (Z) is not organized primarily for profit; and (3) uses its net proceeds. to maintain, Improve. and/or expand its operations. For this purpose. the term "nonprofit organization" excludes (i) colleges and universities; (ii) hospitals; (iii) Slate, local. and federally recognized Indian tribal governments; and liv) those nonprolit organizations which are . exclUlled from coverage of this Circular in accordance with paragraph 5 below. b. "Prior approval" means secu~ing the awarding agency's pc:rmission in advance to incur cost for those items that are designaled DS requiring prior approval by the Circular. Generally this permission will be in writing. Where i1n item 01 cost rfquiring prior approval is specified in the budget of an .award. approval of the budget constitutes approval cf t~at cost. 5, Exclusion 0: some nonprofit organizotions. Some nonprofit organizations, because of their size and nature of operations. can be considered to be similar to commercial concerns for purpose of applicability of cost principles. Such nonprofit organizations shall operate under Federal cost principles applicable to commercial concerns. A listing of these organiza lions is contained.in. Attachment C. Other organizaaons may be added from time to time. 6. Responsibilities. Agencies responsible for administering programs that involve awards to nonprofit organizations shaU implement the provisions of this Circular. Upon requesL implementing instruction shall be furnished to the Office of Management ~.ld Budget. Agencies shall designate a liaison official to serve 85 the agency representative on moilers relating to tbe implementation of this Circular. The name and title of such representative shall be furnished to the Office of Management and Budget within 30 davs of the date of this Circular. . 7. Attachments. The principles and related policy guides are set forth in the foIlo....'ing Attachments: Altachment A-General Principles Altachment B--Sclected Hems of Cost Attachment G-Nonprofit Organizations Nol Subject ~ This Circular I A-122:1 8. Requests for exceptions. The OUice of Management find Budget may prant exceptions 10 the requirements 01 this Circular when permissiblr. undr:r existing law. However. in the interest of achieving maximum uniformity. exceptions will be permitted ool)' in highly unusual circumstances. 9. Effective Date. The provisions of this Circular are effective immedia tel". Implementalion shall be phased in b}; incorporaling the provisions into new awards made after the slart of loe organizalion'e next fiscal year. For existin,g awnrdsLhe new principles may be applied if an organization and the cognizant Federal agency agree. Earlier implementation. or a delay in implementation of individual pro-risioll'S iz also pcrmilted by mutual agreement between ;m organization and the cognizant Federal agency. 10. lnquiries. Further information concerning this Circular may be obtained by contacting the Financial Managemenl Branch. Budget Review Division. Office of Management and Budget. Washington, D.C. 20503. telephone (202) 39H773. - James T. Mcintyre. Jr.. Director, ICircular No. A-122] Attachment A General Principles Toble oj Con/er.ls A. Basic Considerations 1. Composition of total costs 2. Factors affecting allowability of cosls 3. Reasonable cosls 4. Allocable costs 5. Applicable credits G. Advance understandings B. Direct Cosls '\ C. Indirect Costs 4- D. Allocation of Indirect Costs and Determination of Indirect Cost Rate' 1. General 2. SimpliIied allocation method 3. Mvl1iple allocation base method 4. Direct allocation method 5. Special indirect coot rales E. Negotiation and Approval of Indirect Cosl Rates 1. Definitions 2. Negotiations and approval n{ rales [Circular No. A-122] Allachmcot A Gcr;eral Principl'.ls A. Dasic ConsideratiolJs. 1. Composition of total costs. The total cost of an award is the ~um of the allowable dll"ccl and allocable indircGt cosls less aoy applicablc credits. 2. Faclors oHecling cJloll'obiIily of costs. " I Office of Management and Budget Circular A-122 (6/27/80) To be allowable undcr an award, costs nro~t mE:et the following gencral critcria: a. Dc rellBonable for the performance of the award and be allocable thereto under these principles. b. Conform 10 any limitations or exdusions sel forth in thcse principles or in the a Wllrd as to Iypes or amoJ~t of cosLllems. c. De CODsislCl;1t wjlh policies and procedurcs that apply uniformly to both federally financed and other activities of the organization, d, DIl accorded consistent trea tment. e. Dc determined in accordance with generally accepted accounting principles. r. Not be included as a cost or used to meet cost sharing or matching requirC!Ilents of any other federally financed program in either the current or !I prior period. E. Bc adequately documenred. 3. R/'!osunoble cosls. A cosl is reasonuble if. in its nature or amount. i(does not exceed that which would be Incur,.~d by'a pn:denl person under the circumst,rnces prr.vaning at the time the decision was made to incur the costs. Thc question of the n:asonableness.of specific cos:s must be scrutinized with particular carc in connectign with organization. or separate divisions thereof which receive the prepond'erance oflbeir support from awards made' by Fede'T<l1 agen'des.In determining the reasonablr.ness of a given cost, consideraticn shall be given to: a. Whether the cost is of a type generally recognized as ordinary and necessar}' for the operation of Ihc organization or lhe performance of the award. b. The restraints or requirements imposed by such factors as generally accepted sound business practices, arms l'ell8:h bargaining. Federal and St<lte laws and regulations. and terms and conditions of the award, c. Whethcr lhe indjvld~ls'concerned acted ,.,.ith prudence in the circumstances, considering their responsibilities to the organization. its members. employees, aod clients, the public at large. nnd the Government. d. Significarit deviations from the established practices of the orgJnization which may unjustifiably increase the award costs. 4. Allocable costs. a. A cost is allocable to a particular cost objective. su~r. as a grant. project. service, or other activity. in accordanCll with the relative benefits received. Acost is allocable to a Government award if it is treated consistently with other costs incurred for the same purpose in like circumstances and if i't: (1) Is incurred specifically for the award. (2) Benefits both the award and other work a;Jd can be dis:ributed in reasonable proportion to the benefits received, (3) Is neccssary to the ovcrall operaLion of the organization, althouoh a direct relationship to any particular cost objective cannot be shown. b. An~' cost allocable to a particular award or other cost objective under these prinr.iples may not be shifted to other Federal aW'lrds to overcome funding deficicncies. or to avoid rcstriclions imposed by low or by the terms of ihc award. 5. Applicable credjL~. a. The term applicable crcdits refcrs to those receipts. or reduction of expenditures which opera te \0 orlsct or reduce expanses items that Bre allocable to awards as direct or indirect cosh. Typical examples of such traneactions are: purchase discounts. n:bates or allowances, recoveries or indemnities on losses. insurance relunds, and adjustments of overpayments or errooeous charges. To lhe extent that such credits accruing or received by the organization relale to allowable cost they shall he credited 10 the Government either as a cost reduction or cash refund as . appropriate. b. in some instances. the amounts received form the Federal Govcrnmentto finance organizational activities or service operations should be lrealed as applica ble credits. Specifically, the concept of nelling such credit items against related expenditures should be applied by the organizaton in determing the ratcs or amounts lobe organiz.ation in determining the rales or arnaounts tobe charged to Federal awnrds for services rendered whenever Ihc facilities or other resources used in providing such scrvices have been financcu clirectly. in whole or in part, b)' Federal funds, a(c) For rules covering program income (Le.. gross income earned from federally supported activities) see Allachment D of OMI3 Circular A-110. 6. Advance and understandings. UnGer <lny given"award the n:asonablenc-ss and allocability of certain items of costs may be difficullto determine. This particularly true in conDeclion willi orgiziltioru Ihat receive a preponderance of their support from Fcdcrul agencies. In 'order to 6,'oid aubsequant disallowance'or dispute based 011 unreasonableoe~s or nona1l6cabilily. it is often desirable 10 seek a wril\en agreement with the cognizant or awarding 'a"genc~; in advance of the incurrence of speCial or unusal costs. The absence of an advance a!1reemenl on any element of cost will not. in it~elf, afiect the reasonablcness or aliocability of that element. B. Direct Costs 1. Direct costs IIrc lhose that can be identified specifically wHh a particular linal cost objcctive: i.e.. a particular award. project. service, or other direct activity of an crgflnizntion. However, a cost m<lY not be assi~ned to 6n award as a direct cosl if anv oih~r cost incurred for the same purpose. i~ like circumstance. has been allocated to nn award as an indirect cost. Cusl iden:ified s;1<!ciflcl<lIy with awards are direct cosl of the awards end are to be assigned directly (hereto. Cost identified specificaliy with other filial cosl objectives of the organization arc direct costs of those cost objectives and are nolto be assigned to other award. directly or ir.rlirp.ctly. 2. f~ny direct cost of a minor'amount m:JY be treated as an indirect CO$t ofar reasons Ilf prucUca!:ty where the o..collnttrealmenl for such cost is consislently <lpplied to all final cost objecti\'es. 3. The cost of certain activities arc not allowable liS charges 10 Fcdclal awards [~ee. for e>:arnple. funrl raising cost~ in p<lrilgraph _I A-122:2 21 of Allnchment Dj, However, even though these cost~ Bre unallowable for purposes of computing chargcs to Federal aW<lrrls. they nonethele~s must he trcated as direct cost for purpose. of rlctermining indirect cost ra tes and be allocated their shlire of the organization's indirect cosls if thr.y represent acti\'itieswhich (1) include the snl8ric~ of personnel, (2) occup~' sp~ce, and {3) benenl from the organization's indirect costs. 4. The costs of activities performed primarily as a service to members. clients, or Ihe general public when significant nnd nccessary to Ihe orgunization's mission must be lIea ted a8 direct costs when or not allowuble nnd be allocatcd an equitahle share of indirect costs. Some examples of these lypes of activitics include: II. Maintenunce qf membership rolls, subscriptions, publicaliom. nnd relnted functions. b. providing services and information to mr.mbers. legi~lative or administrative bodies. or the public, c. Promotion. lobbying. and olher forms of public rr.lation~. d. Meetings and confercnces except those held 10 conduct the general administrHlion of the organization, 3. Mainlenacne. protection, and investment uf ~pecial funds not used in opera tion of the or8uniza tion, r. Administration of group benefits on behelf of members of clients includirlg life .and hospital insurance, annuity or retirement plans, finnncial aid. etc. C. Indirect CosL 1. Indirect costs are those that have been incurred for common or joinl objectives and caonot be readily. identified wilh a p<lrlicu\ur final wsl objecti\'e. Direct c.:>sl of minor ar.1ounl, may be trealed as indirect costs under the co"nditions described in paragraph D.2. abo"e. After dirl~ct cost9 ha ve been determined a nd assigned direclly to 8 wards or other work as appropriate. indIrect costs p.rf those rem:.ining to be allocated to bellefiting co~, objcclives. A C05t m~.y not be allocated \0 an award as an indirect cost if flUY othp.r cosl incurret for the iame purpose. in Eke circumstance~, 'has been aS8i!l~ed 10 an i<\"o:ard as 8 direct cost. 2. Because of the diverse characteri5tics lI:'1d accounting practices of nonprofit crganizations, il is not possible to specify the t\'Df'S of cost which maY be classified 88 i~riirp.cl cost in all situ~tion. However. typical e.(amples of indirect cost for many nonprofit o"ganiza tions may include deprecia tion or I:se aHowance..s 01"' buildings end equipment. the costs of oper.,ting and maintaining f"cilities. and goocral admioistration and g!'!leral expenses. such as the saluries and expenses of executive officers. personnel ourr.ini5tration. and accounting. D. Allocation of Indirect Cost and Dr/arm/notion 'of Indirect Cost Rules. 1. General. u. Where 8 nonprofit organization has only one rr.kjllr function. or w:.el"e ail its major functions benefit from itsindirer.t costs to ajlproximately the same degrpe, the ~Iiocnlion of indi:cct costs Rnd the I Office of Management and Budget Circular A-122 (6/27/80) computation of an indirect costnte mJtf be accomplished through simpliried alloCJition procedures as doscribed in parasraph 2 below. b. \o\/here an organir;ation has several major lunctions which benefitlrom its indirect costa in varying degrces. alloca tion of indirect costs may rcquire the accumulation of such costs Into separale cost groupings which then are allocaled individually 10 benefiting lunctions bv meRns of a base which bcst measures the r~IRtive degree of bencfit. The indircct costa allocated to each function are thr.n distributed to individual Awards and other Rctivities includcd in thai dunction by means of un indirect cosl ralc(s}. C. The detcrminution 01 what constitutcs an orgRnization's major lunctions will depcnd on its purpose in bcinb; thc types of scrvices it rcnders to thc puolic, ita clients, and its mcmbcrs; and thc "mOllnt of crrort II devoles to such activities os lund rolsing. public inlormation and membership activities. d. Speciric methods for allocating indirect cosls and computing indirect cost rates along wjth the conditions under which each method should be used are described in paragraphs 2 through 5 below. e. The base pcriod for the alloca tion of indirec.t costs is the period in which such costs are incurred and accumulated for allocation wo work performed in that period. The base period normally should coincide with the organization's fiscal year. but in any evnt, shall be so selected a& to avoid Inequities in the allocation 01 the costs. Z. Simplified allocation method. a. Where an organization's major lunctions beneW from its indirect costs to approximately the same degre, the lJ!localion of ind:rect costs may be acco:nplished by (i) separating the organization's total costs lor the base period as either direct or indirect. "nd {iil di\'iding tbe total allowable indirect cosls (net olap.piicable credits) by an equitaole distribution base. The resull of this proccss is an indirect cost rate which is used to dislribule indirect costs to individual a wards. The rete should be expressed as the percenlage which the tolal amount of allowaule indircct costs oo::ars to the basc selected. This method should alos be used where an organization has only one major lunction encompassing a number of individual projects or IIcti,.ities. and may be used where the level 01 Federal awards to an organization is relatively small. 0. both the diroct cosls and the indirect ccsts shall exclude capitli) expenditures and unallov.'able costs. I iowever, unallovJllble costs which represent Activities must be included in the direct costs under the conditions described in paragraph B.3. above. c. The distribution base ma)' be total direct cosls (excluding capital exp.mditures and other dislorting items. such liS major subcontracts or s:Jb!;ranta). direct sclaries a nd wages. or other base which results in an equitable dislributior.. The distribulion uase shall generally exclude pa[lidpant suport cosL' as delined in paragraph ZII of Allachment B. d. Exce~'l whcrc a SJ.1CCiH! rele(.) i. required in accordance with paragraph 0.5 below, the 'indiTec.t.cmit rail! Q..oWGloped. ....cUlr the abnve prine-Aples.is Al1PliCllb\e .LD all award, Btthe Ol1lani:u<lion..u a spocial ra tel a) is required. .appropria te modif.CII tioru ahall be made in order LD dcvelopthe special rate(s}. 3. Multiple allocation base method. &. \,-'here an o~anization's indiract cosla benefit its majorfunctiona in ,'arying degrees. such cosla shall be accumulatod inlo separate cosl groupings. Each grouping shall then be allocated individually to benefiting funclions by mea", 01 a base which besl measures lhe relative benefits. b. TIle I/roupings shall be estllblished so 8S to permit the allocation of each grourin~on the basis of benefits provided 10 the major lunctions. Each groupi~ should constilute 8 pool 01 expcnses thaI ore of like character-in terms of the lunctions they henefilllnd in tertllS of the ulloclllioll h"~,, whh~, IIl,st measurs the relative benefits providd to each function, The number of separate groupings should be held within practical limits. taking into consideration the materiality of the emounts involved and the degree of precision desired. c. Actual conditions must be taken into account in selecting the base to be used in allocating the expenses in each srouping to benefiting functions. When an allocation can be made by assignment of 8 cost grouping directly to the lunction benefited. the allocation shall be made in that manner. When the expenses in a grouping are more general in nature. the allocation should be made through the use of a selected base which produces results that are equitable to both the Go\'ernment and the organization. In general. any cost element or cost related factor associated with the organization's work is potentially adaptable for use 8S an alloca tion base provided Ii) it can readily be expressed in terms of dollars or other quantitative measures [tolal direct costs, direct salaries and ....agt<s, slarr hours applied, square leel used. hours of usage. number of documents processed. population served. and thc like) and (ii) it is common 10 the bcneli ting lunctions during the base period. d. Excepl where a special indirect cost rate(s} is required in accordance with paragruph 0.5. below. the separate groupings of indimct costs allocated to each major lunction shall be egregated and treated as a common pool lor that function. The costs in the common pool shall then be distributed to indivisual awars included In that function by use of a single indirect cost ra Ie. e. The distribution base used in computing tIle indirect cost rate for each lunction mav be tolal dirflct costs (excluding capital . r.:.;penditures end other distorting items snch uS major subcontracts and subgrants), direct salaries Bnd wages, or other ase which results in an equitable distribution. The distribution base shall generally exclude participant support costs as delined in paragraph 29, Allachment B. An indirecl cost rule should be developp.d lir each separate indirect cost pool developed. The rate in each case should be staled as the percentage which the amount 01 the particular indirect cost pool is of the distribution base identified .1 A-122:3 with t~ I pool 4. Direct alloeotion method. a. Some nonprofil organizations. treat all costs as direct costs expect general administration end general expenses. These organizations generally separate their costs into thre basic categories; (i) General administration and general expenses, (ii) lund raising. and (iii) other directlunclions (including projects perlormed under Federal awards). Joint costs. such as depreciation, rentRI costs. operation and maintenance of lacilities. telephone expenses, and the like are proraled indivisually as direct cost to each category and to each award, or other activity using a base most appropriate to the particular cost being prorated. b, This method is acceptable provided each joint co.st is prorated using a base which Ilccurnlelv mensures the benelit~ provided to ench nW';1'l1 or other IIcllvll\'. TI", hlln"n 1I"",t be established in accordan~e with resonable criteria. and be supported by current duta. This method is compatible with the Standards of Accounting and Financial Reporting lor Voluntary Health and WeUare Organizations issued jointly by the National Health Council, Inc.. the National Assembly of Volunlary Heullh and Social Welfare Organizations, and the Uniled Way of America. c. Und..:r this method, indirect costs consist eclusively of gelleral administration and gcneral expenses, In all other respects, the orgunization's indirect cost ratess shal be computed in the same manner as that described in paragraph D.Z above. 5: Special indirect cost rates. In some instances, a single indirect cost rale lor all . activities of an organization or for each major lunction 01 the organiza tion ay not be appropriate. since it would not lake into account those differentlactors which may substantially affect the indirect costs applicable 10 a particular segment of work. For this purpose. a particular segment of ,,"ork. For this purpose, a particular segment of wOlk may be that performed under a single award or it mav consist of work under a group of awards performed in a common environment. the factor. may inClude the physical location of the work. the lever of Administrativc support required. the nature of the lacilities or order resources employed, the scientific disciplines or technical skills involved, the organizational arrangements used, or any combination thereof. VVhen a purticular segment of work is perlormed in an environmenl which appears 10 generate a significantly dirferentlevel of indirect costs, provisions should be made lor a separate indircct cost pool applicable to such work. The separate indirect cost pool should be dcveloped during the course of the regular nlloca lion process. and the separa Ie indirect cost rale resulling therefrom should be used provided it is dctermined that (i) the rate dillers significantly from that which would have been obtained under paragruph D.Z. 3, and 4 above. and Iii) the volume of work to .....hich the rute would apply is material. E. Negotiation alld Approval of Indirect Cost noleS. ~ " I Office of Management and Budget Circular A-122 (6/27/80) 1. Definitions. As used in this section, the following terms have the meanings set forth below: a. "Cognizant agency" means the Federal agency responsible for negotiating and approving indirect cost rales for a nonprofil organization on behalf of all Federal agencir.s. b. "Predetermined rote" means an indirect cost rate, applicable to a spccificd current or future period, usually the organization's fifical vear. The rate is based on an estimate of the ~oSls to be incurrcd during thc pcriod. A predetermined ratc is not Rubjectto adjustment. c. "Fixed rate" mcalls on indirect cost rate which has the sumc characleristic~ as a predetermined rate, excepl thai the difference between the estimated cosls and the aclual cosls of the period covered by the rilte is carried forward as on adjustment to the rale computalion of a subsequent period. d. "Final rate" means an indircct C<ls\ rate applicable to a spccificd post pcriod which is bascd on the actual costs of the period. A final ralc is not subject to adjustment. e. "Provisional ra te" or billing ra te mcans a temporary indircct cost rale applicable to a specified period which is used for funding, inlerim reimbursement, and reporting imlirect costs on awards pending the establishmr.nt of a ra te for the period. r. "Indirect cost proposal" means the documentation prepared by an organization to aubstantiate its claim for the reimbursement of indirect cosls. This propcsal provides the basis for thc review and negotiation leading 10 the establishment of an organization's indircct cost rate. g. "Cost objective" means a function, organizational subdivision, contract, grant, or othcr work unit for which cost data are desired and for which provision is made to accumulate and measure the cost of processes, projects, jobs and capitalized projects. 2. Negotiation and appro 1'01 of rotes. a. Unless differenl arrangements arc agreed \0 by the agencies concerned, the Federal '3groncy wit.h Ihe largest dollar value of awards with an organization will be designate:! as the cognizant agency for the negotiation and approval of indirect cost rates and, where necessarv, other rates such as fringe benefit and computer charge-out rates. Once an agency is assigned cognizance for a particular nonprofit organiza tion, the assignment will not be changed unless there is a major long-term shift in the dollar volume of the Federal awards to the organization. All concerned Federal agencies shall be given the opportunity to participate in the negotiallon process, but after a rate has been agreed upon it will be accepted by all Fcderal agencies. When a Federal agency has reason to believe that special operating factors effecting its awards necessitate special indirect cost ra tes in accordance wi tn paragraph D.5 above, it will, prior to the time the rates are negotiated, notify the cognizant agency. b. A nonprofit organization which has not p~eviously established an indirect cost rate with a Federal agency shall after the c~ganization is advised that an award will be made and, in no event, later than three months after the effective dute of the award. c. Organizations that have previously established indirect cost rates must submit a new indirect cost proposal to the cognizant agency within six months after the dose of each fiscal year. d. A predetermined rate may be negotiated for use on awards whcre there is reasonable assurance, based on past expericnce and reliJble projection of the o~gani2.ation's costs, that the rate is not likely to exceed 0 rale ba~ed on the organization's actual costs. e. Fixed rates may be negotiated where predetermined rail'S are not considered appropriate. A fixed rate, however, shall not be negotia ted if (i) all or a subslantial portion of the organization's awards are expected 10 expire before the carry.forward adjustmcnl can be made; (ii) the mix of Government and non.government work at the organiz.alion is too erratic to pcrmit an cquitable carry. forward adjustment: or (iii) the organization's operations Ouctuale significantly from year to year. r. Provisional and final rates shall be negotiated .where neither predetermined nor fixed ra tes are appropria te. g. The resulls of each negotiation shall be formalized in a written agreemcnt betwecn the cognizant agency and the nonprofit organization. Tha cognizant agency shall distribute copies of Ihe agreement to all concerned Federal agcncies, h. If a dispute arises in a negotiation of an indirect cost rate between the cognizant agency and the nonprofit organization, the dispute shall be resolved in accordance with the appeals procedures of the cognizant agency. i. To the extent that problems ure encountcred among the Federal agencies in connection with the negotiation and approval process. the Office of Management and Budget will lead assistance as required to resolve soch problems in a timel~' manner. [Circular No. A-1Z2] Attachment B Selected Items of Cost Table of Contents 1. Advertising costs 2. Bad debts 3. Bid ami proposal costs (reserved) 4. Bonding costs 5. Communication costs 6. Compensalion for personal services 7. Contingency provisions fl. Contributions G. Dcprtciatlon and use alloy."/mces 10. OQnations 11. Employee mnrale. health and 'welfare costs and credits lZ. Enler~8inmcnt cosls 1:3. Eq\lipm~nt and other capilal axpenditure~ H. Fines and penalties . 15. Fringe benefits Hi. Idle 'facilities and idle capacity 17. Indcpendent rescarch and development {resen'ed} 1!l.lnsurance and indemnification 19. lnlere~t. fund-raising, and investment managem!:nl costs 20. Lnbor rel~lio:ls c.%ls I A-122:4 21. L('s~('s on othe~ a....'nrd; Z~. Maintenance a:>d r<:pllir costs 23. M:.teriAls /Vld supplie. 24. Mcetin~s. conferences 2.;. Mem[,e~ships, subscriptions, "lid prcfcssional activity custs ZOo Organization costs 27. O,'ertirne. extra.pu)' shifl, and mullishil1 premiums Z6. Page charges in professionul journalll :9. Participant support cosls 3'). Palent cosls 31. Pension pluns 32. Plant security costs 33, Prcaward costs 34. Professionlll service costs 36. Profits and 10llses on disposition of deprcciaule property or other capilal IIsscts 30. Public ir'iformation sen'ice costs 3i. Publication IInd printing costs jO. Rearrangement and nlleration costs 3!l. Recom'ersion costs 40. Recruiting costs 41. Relocalion costs 4Z. Rent.al costs 43. Royalties and olher costs for Ul;c of patents and cop)'rights 41. Severance pay 45. Specializcd service facilities 'If). Taxes 4i. Termination costs 46. Training and education costs 4!l. Transportation costs 50. Tra\"el costs [Circular No. A-12.2] AlIachment B Selected Ilems of Cost Paragraphs 1 through 50 provide principles to be applied in establishing the allowubility of certain items of cost. These principles apply whether a cost is trea ted as direcl or indirect. Failure to mention a particular item of cost is not intended to imply that it is unallnwable: rather detcrmination os to nllowabilitv in each caRe should be based on the treatnl~nt or principles provided for similar or related items of cost. 1. Adl'ertising coots. . "I R. Ad',ertising cosls mean the costs of. . media 8e.rvices and a8sociated cosls. Media advertising includes magazines. newopapJrs, radio and television programs, direct maiL exhibits. and the like. b. The only advertising costs allowable are those which are 801ely for [i) the rocrullmenl of por80nnd when considered in conjunction ,with 011 other recruitment C08tS, 05 set forlb in paragraph 40;.(ii) the procurement of goods and services: (iii) the diaposal of Burplus materials acquired in the performance of the Ilward except when Ol/lanizations are reimbursed for disposals at a predetermined amount in accordance with Altechmenl N of OMU Circular A-110: or (h') specific .requirements of the award. 2o. Bod dobts. Bad -oebts. including 1000ses I whether aclual or esli~ated) arising from uncollectible acconnts llnd other claims, related collection costs, and relalod legal cosl~. arc unallowable, 3. Bid and proposal costs. [reserved) 4. Banding casts. " .' \ I Office of Management and Budget Circular A-122 (6/27/80) e. ()oncling co~ts arise wh~n lhe . Govcrnmcnt reGuire~.a~~urance agall1Rt {il1tlndat loss to il.~cll or others hy reason o{ the ar.t or default o{ the organizalion. ~cy uris" o\so in instances where t~e organlzallon rp.quirtls similar aRRuranoe. Includcd are such honds as bid. performance. payment.. . atlntnr.c parmenl. InfringemenL and fldehly bunds. b. Custs of bonding required pur~uantlo the tern's of the award Ill'/' allowllole. c. Coslsof bonding required by the org~ni7.i1lion in the general conduct of its upcral;ons are allowable to the e"lcotthat such bonding Is in accordance with sound business prnctice and the rates Ilnd premiums Me reasor-able under the circumstances. 5. Communicotion exu.ts. Costs incurred for telephone se",,'icea. local and long distance telephone calls. telegrams, radio!lranu. postage and toe Ii~e, are allowable. 6. Compensation for personal scn'ices. a. Definition. Compensation {or penonnl services includes ...\1 compensation paid currenlly or accrued by the organil:Btion for services of employees rer.dered during the period of the award (except as otherwise provided in paragraph g. below). It includes, but is nollimited to. aalaries. woges, director's and executive committee member's fees. incenth'e awards. fringe beneCiUl. pension plan coaUl. allowances for olI-site p;ty, incen:ive pay. location allowances. hcrdship pay, and cosl of Ii ving difierent1als. b. A/Jowability. Exccptas othcrwiBe s;>ecifically provided in this para!l'"aph the costs of such compeosation are allowable to the extent that: (1) Total compensation lo.individual employees is reasonable for the sen'ices rendered and conforms to toe established policy of the organil:8 tion consistently applied to both Government and non- Government activities: and (2) Chargcs to awards whether treated as direct or indirect costs are dete.mint:d and supported a\; required in thill paragraph. c. Reasonableness. (1) When the organization is predominantly engaged in activities other than those sponsored by the Government. compensation for employees on Govarnment-sponsored work will be considered reBsonable to the extent thatH is consistent with that paid for similar work in the organintio'n's other activilies. (2) When the otganhalion is predominantly engaged in Governmenl.sponsored activities and in cases where the kind of employees required for the Government Bctiviliesare not found in the organizatioo's other activities, compensation for employees on Government-sponsored work will be considered reasonable .to the extent thai il is comparable to that paid for similar work in the labor markets in which the organization competes for the kind of employecsinvolved. d. Special considerations in determining a/Jowability. Certain conditions require special consideration and possible limitations in determining costs undcr Federal awards where amounts or types of compensotion appear unreasonable. ^mong such conditions ore the (ollowing: (1) Compensution to mcmbers of nonprofit oq:aniz;;tions, trustees. direclors. Ruor.iales. officers, or the immedinte flllllilies thereoL Determination should he made thnt such compensalion is rcasonnble for the actuol person,.1 servir.es rendered ruther than a distribution of esrnings in excess of costs. (2) ^ny change in nn ofllnlll7.alion's compensation policy rc~u\ling in a substantial increase in the organil:ntion's level of compensetion. particularly whcn il wos concurrent with an increase in the rs tio of Govcrnment owards to other aClivilies of the organization or any chnnge in the trentmenl uf allowal:iility of specific Iypes of compensation due to changes in Government policy. e. UnalJoll'obJe costs. Costs ,,'hich are unallowable under other paragraphs of this ^ltachmenl shall not be allowable under this poragraph solely on tlle basis that they constilulc personal compensation. f. Fringe benefits. (1) Fringe benefils in Ihe fOnD of regular compensation paid to employees during periods of autho.il:ed absences from Ihe job. such as vacation leave. sick leave. military leave, and Ihe like, are allowable provided such costs are absorbed by all organization activities in proportion 10 the rclative amount of time or effort actually de~'oted to each. (2) Fringe benefits in the form of employcr contributions or expenses for social securilY, employee insurance, workmen's compensation insurance. pension plan costs (see paragraph g. below). and the likc. are allowable provided such benefits are granted in accordance with eSlablished wrillen organil:ation policies. Such benefits whether treated as indirect costs or liS direct costs, shall be distributed to particular awards and other activities in a manner consistent with the pa II ern of beneri Ul accruing 10 the individuals or group of employees whose salaries and wages are chargeable to such awards and other ac(ivities. (3)(8) Provisions for a resen'e under a self- inSurance program for unemploymenl compensation or workmen's compensation ere allowable to Ihe extentlhal the provisions represent rcasonable estimates of the liabilities for such compensation. and tho types of coverage. extent of coverage. and rates and premiums would have becn allowable had insurance been purchased to cover the risks. However. provisions for self- insured liabilities which do not become payable for more than one year alter the provision is made shall not exceed the present value of the liability. (b) Where an organization follows a consistent polcy of expensing actual payments to, or.on behalf or. employees or fOmler employees for unemployment 1:ompensalion or workmen's compansation, such.payments are allowable in the year of -payment with the prior approval of the awarding agency provided they are allocated toal) activities of the organil:a tion. (4) Costs of insurance on the livcs of trustees, officers. or other employees holding positions of similar responsibility are ollowable only to the extent that the insuronce represents additional compensation. The costs of such insuronce when the organil:alion is named as. I A-122:5 beneficiary are unallowable. g. Pellsion ploll costs. . (1) Costs of the orgallil:otion's pension plan which are incurred in accordance wllh the established policies or the organization are nllowable. provided: (a) Such pulicies meet the lest of reasonableness: (b) The methods of cost allocation are not discriminatory; . (c) The cost assigned 10 each fiscal year is determined in occordance with generolly occepted accounling principles as rr~~LI"iberl in Accounting Principles Board OpinIOn .No. 6 issued by the American Institule of Certified Public Accountants: and (d) The costs assigned to a given fis.co~ year cre funded for all plan participants WIthin SIX months aiter the end of thaI yeor. However, increases to normal and past sen.jce pension costs CRUSI'd by a delay in funding the sctuarialliabilily beyond 30 days alter each qu;trter of the year to which such costs are assignable are unallowable. (2) Pension plan termination insurance premiums paid pursuant to the Employee Retirement Income Security Act of 1974 (Pub. L. 9~OO) are allowable. Late payment chilrges on such premiums are unallowable. (3) Excise taxes on accumulated funding deficiencies and other penalties imposed under the Employee Retirementlncome Security Act are unallowable. h. Incentive compensation. Incentive compensation to employees based on cost reduction, or efficient performance. suggestion awards. safety awards, etc.. are allowable to the extent that the overall compensation is determined to be reasonable and such costs nre paid or accrued pursuant to an agreemenl entered into in good faith between the organization and the employees before the services were rendered, or pursuant to an established plan followed by the organization so.consistently as to imply, in effect. an agreement to make sllch payment. .' . 1. Overtime. extra pay shift, and multJshlft premiums. See paragraph 27. j. Severance pay. See paragraph 44.. k. Training and education oo~ts. See paragraph 46.. .' 1. Support of salaries and wages. - (1) Charges to awards for salaries, and wages. whether treated as direct costs or indirect cosls. will be bosed on documented payrolls approved by a responsible official(s) of the organizalion. The distribution of salaries and wagcs 10 awards must be supported by personnel activity reports as prescribed in subparagraph (2) below. except when a substitute system has been approved in writing by the the cognizant agency. (See poragrcph E.2 of Allachment A) (2) Reports renecting the distribution of activity of each employee must be maintained for all staff members (professionals and nonprofessionals) whose compensation is charged, in whole or in part. directly 10 awards. In addition. in order to suppo;t the allocRtion of indirect costs, such reports must also be maintained for other employees whose work involves two or more funcilons or octivities if a distribution of lheir compen~otion between such {unclions or activities jg needed in the determination of ,"r I _I Office of Management and Budget Circular A-122 (6/27/80) theorganization's indirect cost rale(s) (e.g., an employee engagcd part-time in indirect cost activities and part.lime in a direct function). Reports maintained by nonprofit organizations to satisfy these requiremcnts must meet the foHowing slandards: (a) The rcports must reflect an a/ler.lhe- lael dctermination of the actual activity of each employee. Dudgel estimates (i.e.. estimates delermined before the services are performed) do not qualify as support for chargcs to awards. (b) Euch report must account for the tolal activity for which employees arc cornpensa ted and which is required in fulfillmenl of their obligations to the organization. (c) The reports must be signed by the individual employee, or by a responsible supervisory official having firsl hand knowledge of the activities performed by the employee, that the distribution of activity represents a reasonable estimate of the actual work perfo:med by the employee during the periods covered by the reports. (d) The reports must be prepared at least monthly end must coincide with one or more pay periods. (3) Charges for the salaries and wages of nonprofessional employees. in addilion to the 'supporting documentation described in subparagraphs (1) and (2) above, must also be supported by records indica ting the total number of hours worked each day maintained in confor:nonce with Department of Labor regulations implementing the Fair Labor Standards Act [29 CFR Part 516). For this purpose. the term "nonprofessional employee" shaH have the same meaning as "nonexempt employee," under the Fair Labor Slandards Act. (4) Salaries and wages oi employees used in_meeting cost shoring or matching requirements on cwards must be supported in the same manner as salaries and wages claimed for reimbursement from awarding agencies. 7. Canlingeney provisions. Conlributions to a contingency reserve or any similar provision made for events the occurrence of v;hich cannot be foretold with certaintv as to limp.. inlensity. or with an assurance or their r.a~pel1ing. are unaHowabJe. The term "contingency reserve" excludes self- insurance reserves (~ee paragraph 6.f.[3) and 16.a.(2)[d)): pension funds (see paragraph 6.(g)): and reserves for normal severance pay (see paragraph 44.(b)(1). 6. ConlriblJlioJls. Contributions and dona lions by the organiza tion to olhers are unaliowable. 9. Depreciaiion and use allowances. a. Compensation for the use of buildings, other capital improvements, and equipment (:~ rand may he made through use ?Ilo...;an:::es or depreciation. However. except as prfJvidcd in paragraph r. below a comui;1ation of the two methods ma" nol be J:sed in conneclion witl: a single dass of fjxed as.els [e.g.. btlildings. office equipment cUlllputer equipment. etc.). b. The computation of use allov.;ances or ';"pr ciation shall be based on the ~l.qlJ silion cosl of the assels involved. The ur.au silion cosl of an asset co~aled to the or~anizotion by a trird party shall be Its fair m~rket \'alue at the time of the donation. c. The computalion of use allowar.ccs or deprecialion will exclude. (1) The cosl of land; (2) Any portion of the cost of buildings and equipment borne by or donated by the Federal Government irrespective of where title was oriJ:inally vested or where it presently resides; and (3) Any portion of the cost of buildings and equipment CO!llributed by or for lhe organizatiun in satisfaction of a statutory matching retirement d. Where the use allowonce method i8 followed, the use allowonce for buildings and improvement (including land improvements such as p'l\'ed ;'larking areas. fences, and sidewalks) will be computed at an annual rale not excceding two percent of ocquisition cost. The use allowance lor equipmcnt will be computed at an onnual rate not exceedir.g six and two-thirds percent of ocquisition cosl. When the use allowance methodiR used for buildings. the entire building must be treated 05 a single asset; the building's components (e.g. plumbing system, heating and air conditioning. etc.) cannot be segregated from the building's shell. The two percent limitation. however. need not be applied to equipment which is merely attached or fastened to the building but not permanently fixed to it and which is used as furnishings or decorations or lor specialized purposes (e.s.. dentist chairs and dental treatment units. counters, laboratorv benches bolted to tho fluor. dishwashers:carpeting, etc.). Such equipment will be considered as not being permanently fixed 10 the building if it can be removed without the need for costly or extensive altera tions or repuirs to the building or the equipment. Equipment that meets these cri leria will be subject to the six and two-thirds percent equipment use ollowance limitation, e. Where depreciation method is followed, the period of useful service (useful life) established in each case for usable capila) essets must take into consideration such factors as type of construction. nature of the equipment used. technological developmenls in the particular program area. and the renewal and replacement policies followed for the the individual Hems or classes of assets involved. The method of depreciation used to assign the cost of an I\s~et [or group of assets) to accounting periods shall reDect the pattern of consumption of the assel during its uselullife.ln the absence of clear evidence indicating thatlhe expectr:d consu:nplion of the asset will be significantly greater or lesser in the early portions of its u~efullife than in the later portions. the straiilht-line method shall be presumed to be the appropriate method. Depreciation rncl.hods once used shall not be changed unless approved in advance by the cognizanl Feceral agenc)'. When the depreciation mcthod is introduced for application to asseLs previously subject to a use allowonce. the combin<<tion of use aH'Owances and ncprecial.on applic..ble to such assets must not excecd the total acquisition cost of the ..s~ets. "'"'hen the derreci..l1on method is used fnr huildin~!;. II buildil1~'s shell may ue A-122:6 ~l'greg..\ed from eAch building component (c.g.. plumbing system. heating. and air condilioning systcm. etc.) and eAch item depreciated over its estima'ed useful life: or the enlire building (i.e.. the shell and all components) may bc treated as a single asset and depreciated over a single useful life. r. When the depreciation method is used for A particular class of assets, no depreciation may be allowed on any auch asocls that, under purasraph e, abovc, would be viewed as fully depreciatcd. However, 0 reasonable usc allowonce may be negolioted for such assets if warranted after laking into consideration the amount of depreciotion previously chargcd to the Government. the estimated uscfullife rcmaining at lime of negotiation. the effect of any increased maintenance charges or decreosed efficiency due 10 age, and ony olher factors pertincnt to .[he utilizalion of the assel for the purpose contcmpla ted. g. Charges for use IIllowance~ or deprecia tion must be supported by odequa Ie property records and physical invcntories musl be taken at least once every two years (0 statiltical sampling basis is acceptoble) 10 ensure that assets exist and are usable ond needed. When the depreciation method is fullowed, adequa te de?recia lion records indicating the amount of deprecin.ion taken cach pcriod must also be maintained. 10. Dono/ions a. SCrl'ices received. (1) Dunated or volunteer services may be fnrn!shed to an organization by professional a!'ld technical personnel. consultants, and other skilled and unskilled labor. The value of these services is nol reimbursable eithcr as o direct or indirect cosl. (2] The value of donated services utilized in the performance of a dircct cost activi ty shall be cnnsidered in the determinati'm of the organization's indire'ct cost ratels) and, accordingly. shall be alloca ted a l'roporlioo~te share of applicable indirect costs when the following circLlmstances exist: (a) The ag:;~egate value of the services is n,..lcrial; [b) The services arc ~upported b~l~ significnnt amounL of Ii,e i~lirect cosls. - . incurred by the organizalion: Ic) The direct cost activity is not pursued primarily for the benefit of the Federal Guv(,~nment. (J) In those instances .....here there is no basis fnr determining the fair market value of the serviccs rendered, thc recipient and the cognizont agency shall negotiale an appropriaLe aiioculion of indirect cosl to thc ser,'ices. (4) Where don..ted ~crvices dircctly benefit a ;:rnjec\ supported by an a ,,'ard, the ind;rect costs allocated to the services ",ill be con$idcred as a part of the lotal costs of the project. Such indircct costs may be reimbursed under the award or used to meet cusl sharing or malching requirements. (5) The value of t~e donated servicc:s may LW used to mccl cost sharing or matching requircments under conditions described in I'.!l..chment E. OMB Circular i'io. A-110. \\'hcrc donated services ure trented as indirect costs. indirecI co~t ra les will s"paralc the value of the donatiuns 50 lhnt 'f. I Office of Management and Budget Circular A-122 (6/27/80) reimbursement will not be made. (6) Fair market valu~ of donated services shall be computed as follows: (a) Ilates for volunteer services. Rates for voluntel:rs shall be consistent with those regular ra tes paid for similar work in other activities of the organization. In casee where the kinds of skills involved are not found in the other activities of the organization. the rates used shall be coneistent with those paid for similar work in the labor market in which the organiza tion competee for euch skills. (b) Scn'ices donated by other organizations. When an employer donates the services of an employee, these services shall be valued at the employee'e regular rate of pay (exclusive of fringe benefite and indirect costs) provided the eervicee are in the same skill for which the employee is normally paid. If the eervices are not in the same skill for which the employee is nonnally paid. fair market value shall be computed in accordance with subparagraph (a) above. b. Goods and space. ll) Donated goods; Le.. expendable personal property/eupplies. and donated use of space may be furnished to an organization. The value of the goods and space is not reimbursable either as a direct or indirect cost. (2) The value of the donations may be used to meet cost sharing or matching share. requirements under the conditions described In Attachment E. OMB Circular No. A-ll0. The value of the donatione shall be determined lo accordance with AlIachment E. Where donations are treated as indirect costs, indirect cost rates will separate th~ value of the donations so that reimbursement will not be made. 11. Employee morole, health. and welfare, costs and credits. The costs of house publications. health or first-aid clinics, andl or infirmaries. recreational activities, employees' cOllnseliog services. and other expenses incurred in accordance with the organizalion's established practice or custom for the improvement of working conditions, employer-employee rda tions. employee morale, and employee performance are allowable, Such costs will be equitably apportion~d to all activities of the organization. Income generated from anv of these activities will be credited to the c~st , thereof unless such income has been irrevocably set over to employe~ weUare organiza tions. 12. Entertainment costs, Costs of amusement, diversion. social activities, ceremonials. and costs relating thereto. sucl. as meal~'. lodging. rentals. transportation, and gratuilie~ arc unallowable (but see p"rngraphs 11 and 25). 13, Equipment ond ather copitol e.\penditures. a. As used in this parngraph. the following lcro'.;l.havclhe.mll:Jninm; SS.Ugrlh below: [1) "Equipment" means an article of non?xpcndable tangible personal property ha,'mg a uscfullife of more than two years a~d an acquisition cost of $500 or mo;e per unIt. An organization may use ils own definition provided lhal ii alleasl includes all ~C'Olexpenda ble tangible personal properly as llefmed herein. (2J "Acqui!ition cost" means the net invoice unit price oC an item of equipment. including the cost of any modifications, attachments. accessories. or auxilitlry apparatus necessary to make it usable for the purpose for which it is acquired. Ancillary charges. such as taxes, duty, protective in. transit insurance, freight. and installation shall be included in or excluded from acquisition cost in accordance with the organization's regular written accounting practiceR. (3) "Special purpose equiplolent" means equipment which is usable only for research, medical. scientific. or technical activities. Examples of special purpoee equipment include micr05copes, x-ray machines, surgical instruments, and spectrometers. (4) "General purpose equipment" means equipment which is usable for other thlln research. medical. scientific. or technical activities, whether or not special modifications are needed to make them euitable for a particular purpose. Examplee of general purpose equipment include office equipment and furnishings, air conditioning equipment. reproduction nnd printing equipment. motor vehicles. and automatic data processing equipment. b. (1) Capital expenditures for general purpose equipment are unallowable as a direct cost except with the prior approval of the awarding agency. [2) Capital expenditures for special purpose equipment are allowable as direct costs providad that items with a unit cost of 5>1000 or more have the prior approval of the awarding agency. c. Capital expenditures for land or buildings are unallowable as a direct cost except with the prior approval of the awarding agency. d. Capital expenditures for improvements to land. b\;i1dings, or equipment which materially increase their value or useful life arc unallowable as a direct cost except with the prior approval of the awarding agency. e. Equipment and other capital expenditures are unallowable as indirect costs. Howe\'er. see paragraph 9 for allowabilitv of use allowances or depreciatio"n on buildings. capital improvements, and equipment. Also. see paragraph 42 for allowability of rental costs for land. buildings, and equipment. 14. Fines and penalties. Costs of fines and penalties resulting from violations of. or failure of the organization to comply with Federal. State. and local laws and rel;ulations are unallowable except when incurred as a result of compliance with specific provisions of an award or instructions in writing from the awarding agency. . 15. Fringe benefits. See paragraph 6. r. 16. Idle facilities and idle capacity. a. As used in this paragraph the following terms have the meanings set forth beluw: (1) "Facilities" mcans land and buildings or an)' po:lion thereof. equipment individually or collectively. or any other fangible capita-I asset. wherever located. and whether owned or lensed by Ihe organiza tion. (2) "Idle facilities" means compJ~tel\' UJ1\ls.cd facilities Iha: arc excess \0 the' organi2.a tion's current necds. 1:1) "Idle opacilY" means the un\l~ed .1 A-122:7 cnpacity of partially used facilities. !l is tbe difference betweeD tnat which 8 facility could achieve under roo per cent opera ting time on a one.shift basis less operating interruptions resulting from time lost for repHirs. setups. unsHt:sfaclol1' materials. ana other normal delays. and the extent to which the facility was actually u,ed lo meet demands during the accounting period. A multishifl basis may be used if it can be shown that this amount of usage could normally be expected for the type of facilily involved. (4) "Costs of idle facilities or idle capacity" menns costs such IUl maintenance, repair, housing. renl. and other [elated cosL<l; e.g.. property taxes. insurance. and depreciation or use ollowances. b. The costs of idlc fncilibies are unilllo,yable except to the extent thill: (1) They are unnecesftary to meet fluctuations in wurkload; or [2) Although not necessnry \0 meet flllcluations in workload, they were necessary when acquired and arc now idle because of changes in prugram requirements, efforts to achieve morc economical opcration~. reorgani:t.ation, termination. or othcl' causes which could not have been rensonably foreseen. Under the exception sta ted in this subparagraph. costs of idle facilitics arc allowable for a reasonable Jleriod of time. ordinarily not to exceed one year. depending upon the initio tive taken to use. lease. or dispose of such facilities (but see paragrnphs 47.b. and d.). c. The costs of idle capacity are normal cosls of doing business and ore a factor in the normal fluctuations of usage or indirect cost rates from period to period. Such costs are allowable. provided the capacity is reasonably anticipated 10 be necessary or wa~ originally reasonable and is sebjectlo reductivn or elimination by subletting. renting. or sale, in accordance with sound business. economics, or security practices. Widesprend idle capacity throughout an entire facilily or among a group of assets having substantially the same func;tion mnY be idk facilities. . 17. hd"p~ndcnt rescU(Ch and dClvf!lopmcnt lReserv~d\. . 18. Insurance and indemnification. 1 a. Insurance includes insurance which the organiza tion is required to carry, or which is approved. under the terms of Ihe .:ward and any other insurance which the organization mainlains in connection with the general condecl of its operations. This para~raph dees not apply to insurance which r-epresents fringe bent'fits for emrloyees (zee paragraph 6,f. and 6.g,(2)). [1) Costs of in;~lr3nce r~.quired or approved. and maintained. pursuJnt to the award are allowable. (~) Costs of other ins'Jrance mHintained by the org;::nization in conncction with the . general conduct of ils ope"ations are nlluwable subject to the following limita lions. (a) Types and extent of coverage shall be in accordance with sound business practice and the r~tes and premiums shall be reasonable under the cir::umstances. (b) Cn~t3 allowed for business inlerruption or other similar insurance shall be limited to " ~ Office of Management and Budget Circular A-122 (6/27/80) exclude coverage of managcm~nt fce~. Ie) Costs of insurance or of any prC),':~iGn~ fDr a reserve cover:ng the risk of luss or d~IllQgc 10 Government property are allowable only In !he extent that the or~~niza:i!ln i~ Iinble for such I()s~ or .;;)maC!'~. id) Provisions for e resr:rve under a ,clf- illS'Jrar,ce prr.gT"am are allowablr. to the extent thattrpe~ of coverage. exl~n! of covera'ge, rn!e,. ahd prr.miums ",oult! hilVp. been allowed had jl'.su~1\ncc been purt;hased to cov~r the risks. Howr.ver. proviilL:lO for known or reasonablv estimtl'ed sclf-i:1~ured liabilities, which do 'noi become payabie for more th)n one year alter Ihe provisior. is made shall I.Ot exceed Ihe pre~ent value of the liability. (e) Costs of insllrance on the lives of trustees. officers, or othr.r e:nployer.s holding positions of similar re~pensiLj!ities a;e allo.,vable only 10 the extent L"ctlhe insurance represents additional compensation (see pnragrAph 61. The Cllsl of such insuranc:e when Ihe o~snizotion is identified as the beneficiary is unallllw;;ble. (3) Actuallosse~ which could ho\'e been covered by permir.nible inslJra:1ce [throu;:h the purchase of insuran::e or a self-insurance program) are unallowable unless expressly pro\;ded for in the awarrl, except: (a) Costs incurred because of losses not covered under nominel deductible insurance coverage provided in kPcping with sou:1d business practice are allowable. [b) Minor losses not covered by insurance, such as spoilage, breakag~. and disappearance of supplies, which occur in the ordinary course of op~rDtions, are allowable. b. Indemnifica tion includes securing the organization against liabilities to third persons Bnd any other loss or damag~, not compensated by inSll/"ll1lCe or otherwise. The Government is obligated to indemnify the organization only to 'he extent expressly provided in the award. 19; Intere:;t, fund reising. alld int'estmellt mar;agement costs. B. Costs incurred for intcrest on borrowed capital or Il'mporDry use of encowment fund~, howevcr represented. Bre una Ilowa ble. b. Costs of organi1.ed fund rai~ing, including financial campaigns. endowment drives. solicita lion of gifts and beGuests. and similar expenses incurred ~olr\y to raise capital or obtain contributions are unallowable. c. Costs of investment counsel Dnd slaff and similar expenses incurred saleh' to enhance incomo:l lrum lnvcst:nenls ;re unallowablc. d. Fund raising and investment Dctivitic5 ~hall be DlIocated an appropriate share of indirect costs under the conditio:1s described in paragraph B of Attachment A. 20. Lobor relations cas/s. Costs incurred in maintaining siJlisfactcry re:ations be\.....ee:1 the organiza tion and its employees,illl:!uding costs of labor management r.oml:1illees, employee publications. and othr.r related activities are allowable. 21. Losses on other awards. Anv excess of costs over income on any award :"s u~all?wable 8S a cost of any other award. Tnts mcludes. but is not limited to, the organization's contributed portion by re/l~on of CNt sharins Hgrcements or any underrecovcries through ne~otiatjon of lump sums Inr. or ceilings I'n, indirect costs. :2. Main!encnce and repair costs. Cn~ts incurn:d lor necr:~sary maintenance. rrpair. or upke~p of bllilding~ anj eqlli;>mclII (incl.aling Gov~mme!11 prnl'erty unlr.5s o:her\'Ji~e provided for) which neither add to the l>crmanenl value of thl' properly nor appreciably pn::long its inte:1ded life, Lut kc~p it in an eff'cienl operRli:lg conrlilic,". are allov;ahle. Costs incurred for i~prm'('mcnts whic.h add to the permanent value of tne builC:ings and e'luipme:lt or appreciauly prolong their inte:1ded life sh611 Le treated as CiJi'ital expenditures (see ~Rr:lgraph 13). ZJ. MuterinJ.~ and sllpplie.~. The costs of materials and s::pplies necessary 10 carry lIut nn Award are al:owable. Such c:osts should be Gharged atlheir actual prices aner deducting all cash di~counts, trnde disc:ounls. rebates. and allowances received uy th" Ol"!;ani;::llion. Withdrawals from genel al stores or stockrooms should be charged at cost under an:,' recognized method of pricin:; consistenlly applied. Incoming transportation charges JnOY be a l>roper part of ITJuterial cost. MaleriDls and supplies charged'as a direct cost should include only the malC:'rials and supplies actuallJ' used lor the performance of the contract or granl. and due credil should be given for any eT.cess materiols or supplies retained, or returned to vendors. 24. Meetings, conferences. a. Costs associated with the conduct of meelings. and conferences. and include lhe cost of renting facilities, m~als. speakP.rs' lees. and the like. But see poragraph 12. Entertainment costs, an:! paragraph 29. Participant supper! cests. b. To the extentthot these costs are identifiable with a partlGular cost objective. thl'Y should be charged to that objective. (See paragraph B. of Attachment A.) These costs a~e allowable provided that they meet the general tests of allo'Na ble. shown in Attachment A te this Circular. c. Costs of meetings ar.d conferences held to conduct the general administration of the organization are allowable. 25. Memberships. subscrIptions. and professional activit\, costs. a. Costs of the organization's membership in civic. business. technical and professional orl!anizations are allowable. h. Costs of the organization's subscriptions to civic. business. professional. and technical periodicals are allowable. c. Costs of attendance at meetings and conlerences. sponsored by olhp.rs when the primary purpose is the u;sscmination of ted:nicnl information. arc 'lllownb!e. This indlll':~s costs of meals. tra'ls;Jortatrcn. and othe~ items incidental to sur.h attendAnce. 26. Organization costs. Expenditures. such CIS incorporation fees, brokers' ie~s, fees to promoters. organizers or management consultants, attorneys. accountents. nr Inve~lm'Jnt couns~IQrs. who:-ther or not ~n:IJloyres of the organiza tion. in connection willt est'lbli~hmenl or reo;ganizBtion of an or~Dn:zlltjon. arc unallowable except with prior appruval of tlte awarding agency. 2i. Ol'rrtimc. extra.por slilf:. and .I A-122:8 mu/!i.<hi.fl /'1"( !,Iiunts. Premium~ lor o\crtinw. nil ".pll)' shjfts. ami Inultishilt ....or\. arc "l;o".al'!" llniy wi:1t lite prior "I'pro,.,d 01 i};e u\Va~u:ng :,!!cncy !')ocrpl: a. \'I'hell ll"ces~MY to cope with cr.lC~gencies. such c~ those ,esulting Irun< ~'.c;,j.:,,'.,. nilt.,l al di~asl!'rs. breal.:downs of ("I"ipr:.~nt, or c'C(::lSi0nltl operati:'nal l>:'ltlr!'~cl:s of" spllffldic nature. h \\'hCll <:;:Jpioye'~s are perlorr'liof{ indin:c\ flll1cii'lIlR snch uS ,Il!ministratioll, n."illlenancr., 01 nc.clJunting. c. 10 ,hr p\!rformililce of lest~, laboratory prllCl:Jores. ur uther simiiar opera lions ",hien (Ire r.ni,(;i11101lS in n,lturc end cannol re:lsoll?~i:.. ue interrupted or othcrwis'! COI1\~I:~:!:'u. d. Whl'n lowl'r cwerull cost tu the (;o...('r~:nect will rr.sull. 20. l'o!:c c:hul11cs in proflJssionaJ journals. Page cltarges lor professional journal publications ore allowable as 0 nece~sary parI of research costs, where: ". The reSIJUdl papers report work SUI'PllrleJ l,y the Go\.ernmenl; ond b. The c\;af,l::es arc levied impartially on all rC~l:i1rlh FJpers published by the journat. whelh'~r 0: no; by Government-~ponsored aulhnrs. 29. f'arIidpnnt support cC'sts. Participant support costs arc direct costs fo~ items such DS stipcnd;; or subsistence allownnces. travel llllo""anr.r~. /lnd registration Ices paid 10 or un hehalf vf parlidpants or trainees (but not employees) in connet;Iion with meetings, cn"ferences, symposia. or training projects. Th,,~e Gosls are allowable with the prior i1pprov~1 01 the awarding agency. 30. rU!CI:t costs. a. CGsts or (i) preparing disr.losures. reports, and other documents required hy the n,,"~,rd ;lIId of searching the art to the extend neccssnry 10 make such disclosurcs. (ii) preparing documents and any other patent costs in connection with the filing and pro~ecu:;oG 01 a United states pl.le:1t applir.olio:>n where title or royalty-Iree license is reqllitc-d uy the Government to be CO:lVeyed io the Government, l'lnd liii) gcneral eeuns~li:;g services relating 10 palehl.,and copyright matter5, such as ~vir.e on palen) and copyright laws. ~egulations. clauses, and employee agrc-cments are allowable (but Sl'(~ pllr~graph 34). b Cust of preparing disc1os1Jres. reports. and olher documents and of searching the arl 10 the extent necessary to make di~r.losur('s. if not required by the aWHrd, ue unalluwable. Cosls in connection with (i) filing and prosecuting lIny foreign patent application, or (Ii) any United States patent application. wherc the Hward docs nol recl',ire conveyinil litle or a rOYDlty-frrc lic.ense III the Go\'ernmenl. are unallowable (a\so ;ec parilgraph 43). 31. Pension pions. See paragraph 6. g. 32. Plnnt sccL'rft.l' cas!s. Necessary expenses incurrcd 10 comply with Govcrnment security requirements or lor facilities protection. including wages, unifol ms, anc equipment 01 personnel are ullowuble. 33. Prenl\'ord costs. PreawBrd co~ls are tho~e int;urrr.d prior to the effrctive dole of till' il,'.."rd directly pursuant to the " I Office of Management and Budget Circular A-122 (6/27/80) ncr.oliotion and in anticipatinn of the :,ward wh,,," sut-h costs i$ nccessury to comrly wilh :he proposed delivery schedule or period of perform;,nce. Such cosls Are allowable only lu ;he e:denl Ihat they would have been ..ilowuble if incurreo ofter the dote of lhe ~W()rd Bl\d only with the written approval r.f the .tI,\',ardillg ngcn~y. 34. IJmfcssional sen'icc cos/s. a. Cosls of profe~sional and consultanl services renclereJ by persons who arc r,,,.,,,llers of II particular professiun or possess o sll~dal skill. anJ who arc not officers or l'1"":;,iuyees of the orgdnization, Dre a!lowuble, ,;;bject 1.0 u, c. and d, of this pOiragraph when rf~dS{l\;alJle in r'~lation.to the servi(f~s rendered IInd when not contingent upon rCl:overv of the costs from the Government. b. In dct::rming the allowauility of r.osts in a particular CClse, no single factor or any special combination of factors is necessarily determinutive. However, the following factors are relevant: (1) The nature and scope of the service rendered in rela tion to the service required. {21 The necessity of contrHcling for the sen'ice, considering the organization's r.apahility in the particular area. (:1) The past pattern of such costs. parlicularly in the years prior to Government awards. (4) The impact of Government awards on the organizotion's business (i.c.. what new problems have arisen). (51 Whether the proportion of Government work to the organization's total business is su.:h as to inOuence the organization in favor of incurring the cost, particularly where the services rendered are not of a continuing noture and have little relationship to work under Government grants and contructs. (6) Whether the service can be performed more economically by direct employment rather than contracting. (7) The qualifications of the individual or concern rendering the service and the custOfTl~ry fees charged. especially on non. Government awards. (0) Adequacy of the contraclual agreement for the service (e.g.. description of the service, estimate of time required. rate of compensation, and termination provi~ions). c. In llddition to the factors in PQragroph b above. retiliner fee~ to the allowable must be Sllpported by evidenr.e of bona fide services availoblr. or rendercd. d. Cost of I?gill. accounting. and consulting ~e/"\'ices. and related costs incurred in conn~ction with defense of antitrust suits; and the prosecution of clai.:T1s aRainst the Government. arc 11111l1l0wnble. Cost~ of legal. ac:;ounling und consulting services. and related costs. incurred in connection with palent infring'!mcnt litigation, organization und reorgnnization. are unallowable unless c:herwise prcwided fo..r in the award (but see parngraph 47e1. 35. Prafi/s and losses on disposition of depreciable properly or other capitol assets. a.(l) Gains and losses on sale, retirement, or other disposition of ciepreciable property sh<:ll be inclurled in the year in which they o~cur as cred;'~ or charge~ to cost grouping{s) in which the depreciation applicable to such property was included. The amount ~f the ~"in or loss to be inr:1uded as a credit ur ch~rge to the appropriiltc cost ~r(1llping(s] shull ue the dilfercnce bet ween the amount /"l'nlized on the prcperly and the uO!uepreciated basis of the property. (2) Gains and losses on Ihe disposition of (h'f.reciable property shall not be recognized os R separate credit or charge under the fnilowing conditions. la) The gain or loss is processed through II depreciation reserve account am] is r(;nec!ed in the depreciation llllowalJle under parugrnph 9. (b) TIll! property is given in exchange a8 pari of the purchase price or a similar item and the gain or 105s is taken inlo account in de'ermining Ihe deprecia lion cost basis or Ihe new item. (c) A loss re~ulls from the fuilure to maintain permissible insurance, except OB otherwise pr\1Vided in pllragraph 1[J.a.(3). (el) Compensalion for the use of the property was pro\'idcd throogh use allowance9 in lieu of depreciation in occordance with paragrllph 9. (e) Gains and losses arising from mass or extraordinarv sales. retirements. or other dispositions shall be considered on a case- ll\'.case basis. 'b. Gains or losscs of any nalurc arising from the sule or exchange of property other than the property covered in paragraph a. abnve sh;;1l be excluded in computing award- costs. 35. Public informaliun seTl,jce costs. a. Public information service costs include the costassociated'with pamphlcts, news releases, and other forms of information services. Such costs are normally incurred to: (1) inform or instruct individuals. groups. or the general public. (2) Interest individuals or groups in participating in a Ber"/ice program of the 01 gsniza lion. (3) Disseminate the resulls of sponsored and nonsponsored activities. b. Public info:matioi'l sen'ice costs are allowable as direct costs with the prior ai'pro\'al of the awarding agency. Such costs are unallowable as indirect costs. 37. Publica/ion and printing CaS/E. a. publication costs include the costs of printing (including the processes 'of composition. plale-makins. press work, binding. and the end products produced by a\lch processes). distribution, promotion, mniJing. and general handling. b. If these costs arc not identifiable with a particular cost objective. Ihey should be allocuted as indirect cosls to 8\1 benefiting activities of the organization. c. Publication ano printing costs are unailowable 8S direct costs except with the prior approval of the awarding agency. d. The cost of page charges in journals is addressed paragrilph 28. 3[J.Rearrangemenl.and aI/era/ion costs. Costs incurred for ordinury or normal rearrangement and alteration of facilities cre allowable. Special arrangement and alteration costs incurred specifically for the project are allowable with the prior approval of the awarding Agency. 39. Reconversion costs. Costs incurred in the rtlstoration or rehabilllation of the organl=han's fadlltiC1l to approximately the _I A-122:9 same condition existing immediately prior to commencement of Government a wards, fuir wear and tear excepted. lire allowable. 40. Recrui/ing costs. The following recruiting cosls are allowable: cost of "help wanted" advertising. opcrating costs of an employment office, cosh of opcrating an educational testing program, travel expenses including rood and lodging of employees while engaged in recruiting personnel. travel cosls of applicnntB for interviews for prospective employment. and relor.olion COSIS incurred incident to recruitment of new employees [see paragraph 41C). Where the organi2:alion uses employment agencies. costs not in excess of standard commercial rates for such services are allowable. 41. Relocation cosU. a. Relocation cosls are cosls incident to the permanent change of duty assignment (for an indefinite pcriod or for a stated period or not less than 12 months) of an existing employee or upon recruitment of a new employee. Relocation costs are allowuble. Bubject 10 the limitation described in paragraphs b, c, and d, below, provided that: (1) The move is for the benefit of the employer. (2) Reimbursemcnt 10 the employee is in accordance wilh an established written policy consistently followed by the employer. (3) The reimbursement does nol exceed the employee's actual [or reasonably estimated) expcnses. b. ^llowoble reloca tion costs for current employees ore limited to the following: (1) The costa of transportation of the employec. members of his immediate family and his household, and personal effects to the new location. (2) The costs of fInding a neW home, such as advance trips by employees and spouses to locate living quarters and temporary lodging during the transition period, up to a maximum period of 30 days. incJuding advance trip time. (3) Closing costs. such as brokerage, legal,. and appraisal fees. incident to the disposition of the employee's former borne. These costs. together with those described in (4) below, are limiled to B per cent of Lbe""sales price of the employcc's form~ home. '. (4) The continuing costs of ownership of the vacant former borne after Lbe settlement or lease date of the employee's new permanent home, such as mainlenance of buildings and grounds [exclusive of fixing up expenses). utilities, taxes, and property insurance. (5] Other necessary and reasonable expenses normally incident to relocation. such as the cosls or canceUing an unexpired lease. disconnecting and reinstalling household appliances, and purchasing insurance against loss of or damages to personal property. The cost of cancelling an unexpired lease is limiled to threa times the monthh' rentaL c. Allowable relocation cools for new employees ere limited to Lboae described in (1) and (2) of paragraph b. 8 bove. When relocation costs incurred incident to Lbe recruItment of new employaes have been allowed either as a direct or iRwrect COBt aod the employee l'06igns for reasons within bis ~, . I \ I .~ _L .. '.1", ~. Office of Management and Budget Circular A-122 (6/27/80) control within 12 months aftcr hire. the organization shall refund or credit the Government for its share of tbe cost. However, the costs of travel to an overseas location shall be considered travel costs in accordance with paragraph 50 and not relocation costs for the purpose of this paragraph Ii dcpendents are nol permitted at the location for any reason and the costs do not include costs of transporting household goods. d, The following costs related to relocation are unallowable: (1) fees and other costs associ?tcd with acquiring a new home. (2) A loss on the sllle of a former home. 13J Continuing mortg~ge principal Bnd inlerest payments on a home being sold. (4) Incomc taxes paid by fin employee relatcd to reimbursed reloclltion costs. 42. Rental costs. a. Subject to the limitations describerl in paragraphs b. through d. of this paragraph. rcntal costs are allowable to the extent that the rates are reawnable in light of such factors as: renlal costs of comparable property, if any; market conditions in the area; alternatives available; 'and the type, life expectancy. condition. and value of the property leased. b. Rental costs under sale and leaseback arrangements lire allowable only up to the amount that would be allowed had the organization continued to own the property. c, Rental costs under less-than-length leases are allowable only up to the amount that would be allowed had title to the property vested in the organization. For this purpose, a less-than.arms-!ength lease is one under which one party to the lease agreement is able to control or substantially innuence the actions of the other. Such lcases include, but are not limited to those between [i] divisions of an organization; [ii] organizations under r.ommon controlthrougb common of;jcers, directors, or members: and (iiiJ an organization and a director, trustee. officer. or key I!mployee of the organization or his immediate family either directly or tr.rough corporations, trusts. or similar arrangements in which they hold a controlling interest. d. Rental costs under leases which create a material equity in the leased property are allowable only up to the amou.r;i that would be allowed had the organization purr.based the property on the date the lease agree!:lent was executed; e.g., deprecia tion or use allowances. maintenance, taxes. insurance but excluding interest expense and other unallowable costs. For this purpose. a material equity in the property exists if the lease in noncancelable or is cancelable on!. upon the occurrence of some remote . contingency and has one or~more of the following characteristics: ' (1) The organization has the right to purchase the property for a price which ilt the beg'nning of the lease appears 10 be substantially less than the probable fair market value at the time it is permitted to purchase the property (commonly called a lease wilh a bargain purchase option); (2J Tille to the property pas~es to the organiza tion a t some tlme during or after the lease period; (3) The term of the lease (initial term plus periods covered by bargain rcnewal options, If any) is equal to 75 per cent or more of the economic life of the leased property; i.e., the period the property Is expected 10 be econor.lically usable by one or more users. 43 rlayalties and other costs lor use 01 pal "r and copyrights. a. J 'yalties on a patent or copyright or amortization of the cost of acquiring by purchase a copyright, patent. or rights thereto. necessary for the proper performance of the award are allowable unless: (1) TIle Government has a license or the right to free use of the putent or copyright. (2) The patent or copyright has been adjudicated to be invalid. or has been administrativelv delermined to be invalid. [3) The palen't or copyright is considered to be unenforcea ble. (4J The patent or copyright is expired. b. Special care should be exercised in determining reasonableness wherc the royalties may have been arrived at as a result of less then arm's length bargaining; e.g.: (1) Royalties paid to persons. including corporations. affiliated with the organization. (2J Royalties paid to unaffiliated parties. including corporations. under an agreement entered into in contemplation that a Govcrnment awerd would be made. (3) Royalties paid under an agreement entered into after an award is made to an organization. c. In allY case involving a patent or copyright formerly owned by the organization. the amount of royalty allowed should not exceed the cost which would have been allowed had the organization retained title thereto. 44. Severance pay. a. Severance pay, also commonly referred to as dismissal wages, is a payment in addition to regular salaries and wages, by organizations to workers whose employment is being terminated, Costs of severance pay are allowable only to the extent that in ear;h case. it is required by (i) law. (iiJ employe.- employee agreement. (iiiJ esl:)b!ished policy that con;;litutes. in effect. an implied agreement em the organi~ation's part. or (iv) CirCUITI5ta:lces of t!:e particular employment. b. Costs of severance p:lyments are divideu into two categories as follOWS: (1) Actual normal trunover EeVer<lrlce payments shall be allocated to all activities; or. where the organization provides for a reserve for normal seVeran(;~s such method will be acceptable if the charge to current operations is .casonatle in !iSht of payments actually made fo. normal seVp.rances over" representative past period. and if amcur-Is charged are allocated \0 all activities of the organization. (2) Abnormal or mass severancc puy is of such a conjectural naiure that measuremenl of costs by means of an accrual will nct <:chieve equity to both parties, Thus. accruals for this pu'pose are not allowuble. However. the Government recogni7.e~ i!s obligation to purtic:ipa te to the extent of its fair share, in any specific payment. Thus. allowability will be considcred on a case-by-case basis in the event of nccurrenr.e. ~5. Specioli....ed sen'ice locilities. a. The costs of services provided by highly A-122:10 complex or specialized facilities operAted by the organization. suc:h as electronic computers and wind tunnels. are sllowable provided the charges for the services meet the conditions of either b. or c. of this paragrsph and. in addition. take into account any items of income or Federal financing thaI qualify as applicable credits undcr paragraph A.S. of Attachment A. b. The costs of such services, when material. must be charged directly to applicable uwarus based on acluAI U-,age of the services on the basis of a schedule of rales or established methodology that [i) docs not discriminate against federally supported activities of thc organizution, including usage by the organizution for internal purposes. and (ii) is designed 10 recover only tlte aggregate costs of.lhe services. The costs of each service shall consist normally of both its direct c:osts ~nd its allocable shure of nil indirec:1 costs. Advunce agreements pursllant to parllgraph A.5. of Attuchment A arc particularly imporlant in this situation. c. Where the costs incurred for a service Arc not material. the}' may be allOCated as Indirect costs. 40. Taxes. a. In general. laxes which the organiz3tion :s required to pay and whi:;h are paiu or .occ:rued in accordunce with generally accepted accounting principles. and payments made to local governments in lieu of taxes which are commensurate with thc local government scrviccs received are allowuble, except for (iJ taxes from which exemptions are available to the organizalion directi\" or which are avail;Jble to the organi~ation based on an e:>.emplion afforded the Government and in the latter case when the awarding agency makes Bvai!able the n'lce~sary exemption certifica tes, [ii) special aSfieS5men!s on land which represent capital improvements. and (iiiJ Federal income taxes. b. Any refund of l<<xes, and any pilymcnt to the organization of intcrest thereon. which were allowed as award costs, wi'll be c:reuitcd either as a cosl reuuction or cush refund, as appropriate. to the Government. 47. Terminution costs. Terminali6n of ilwan.ls generally give rislt to the incurrei,cc: of costs. or the need for speciilllrea tment of costs. whic:h would not have arisen hud the aW3rd not been terminutcG. Cost principles covering these items are set forlh below. They ilre to be used in conjunction with the 'other provisions of this Circul::Jr in termination situations. a. Common itp.lIls. The cust of itN!lS reusonably usable on the organization's othcr wark sbll nol be u!lowable unlr.ss the org;lr.izulion submits evidence that il would not retain such items at cost without sllstaining a loss. In deciding whether such items arc reasonnbly uS3ble on olner work of Ihe organization, the awarJil:g agency shouid consiuer the orgunizution's plans and urders for current and scheduled activily. Contemporaneous purchascs of common items by the organization shall be rf:garded as evidence that sllch items are reasonubly lIsable on the organization's other wurk. Any ar.cept::Jnce of common items nS allocuble to the terminated portion of the award shull be limited 10 the extent that the q\lunliti"s of ~ ". .. I Office of Management and Budget Circular A-122 (6/27/80) such items on hand. in transit. and on omer are in exc~S of the reasonable quantitative requirements of oLhr.r work. b. Cas 13 continuing alter termination. l! in a panicWar ca~. despite all reasonable efforts by the organization. certain cos18 cannot be discontinued immediately alter the effective date of termination. such costs are generally allowable within the limitations set forth i:1 this CirculIlI. except that any such cosls continuing alter termination due to the negligent or willful failure of the organization 10 discontinue such costs shall be unallowable. . e. Loss of L'seful value. Loss of useful value of special tooling, machinery and equipment w~>:h was not charged to the award as a c;a;.'.ial~xpenditure is generally allowable if: i: ; Such special tooling, macbinery. or eq. :pment is not reasonably capable of use in L!J:. -.;ther work of the organization. (::I The interest of the Govemme:lt is ~~r ~~t?d by transfer of title or "y other n1r':J:lS deemed appropriate by the awarding s.:' r.cy; "'d. Rental costs, Rental costs under u~"xpired leases are generally allowable ";'~re clearly shown to have been n..:~onably necessary for the periormance oC Ib terminate<:! awam less the residual value 0;' such leases, if (i) the amou..,t of such rental ci:.imp.d does not exceed the reasonable use val:Je of the property leased for the period oC tr." aW:Jrd and such further period as may be rr.,:.ll)::,:ble. and (ii) the organization makes aU reasonable efforts to terminale. assign. seltle, or otherwise reduce the cost of such lease. There also mev be included the cost oC ellerations of such le'ased property. provide<:! such al:erations were necessary for the periormance of the award. and of reasonable restor:;tion require<:! by the provisioDll of the lell~e. e. Set/lement expense!!. Settlement expenses including the following aN' gen!'raUy allowable: (1) Accounting. legaL clerical. and similar costs reasonably neC~5SaIJ' fo,- (a) The preparation and presentation to awarding agency of settlement claims and supponing data with reBpect to the lenninated portion of the sward. unless the termination is [or default. (See parllgraoh 4.a oi At1achmcnt 1.. OMB Circular No. A-ilO; and (b) The termination aDd settlement of subawa~. (2) Reasona ble COBtB for the storage, transponatioT'_ protection. and disposition of property provided by the Government or a~quired or produced for the aware: except wDen grantees are reimbuned for disposals at a predetermined amOlont in accortiance with ^tlachment ~ of OMB Circular A-ll0. (3) Indirect costs related to s>l}aries and wages incurred as settlement eXpenBe1l in subparagraphs (1) and (2J of th~ paragraph. Nonnally. such indirect costs shall be limited to fringe benenu. occupancy cosL and immedia te supervision. f. Claim!! u,.,der subowards. Claims under subawards. including the allocable portion of claims which are common Lo the award. and to other work of the organization are generaUy allowable. An appropriate share of the organization's indirect expense may be allocated to the amount of settlemenu with subcontractor/suhgrantee.; provided that the amount allocated is otherwis~ consistent with the basic guidelines contained in Attachment A.. The indirect expense so allocated shall exclude the same and similar costs c:laimed directly or indirectly as settlement expenses. 48. TroinillS and educotion coats. Ii. Costs of preparation and maintenance oC a program of instruction including but not limited to on-tha-job. clasaroom. and apprenticeship training. designed to increase tha vocational effectiveness of employec~ including training materials. textbooo. salaries or weges oC trliinees (llXcluding overtime compelUlation which might ari~ therefrom]. and (iJ salaries of the director of training and staff when the training program is conducted by the organization; or (ii) tuition and fees when the training is in an inlltitution Dot operated by the organization. are allowable. b. Costs of part-time education. at an undergraduate or postgraduate college leveL including that provided at the organization's own facilities. are allowable only when the course or degree punue<:! il relative 10 the field in which the employee i. now working or may reasonably be expected to work. and are limited 10: (1) Training materials. (2) Textbooka. '(3) Fees chargelt by the edccational institution. (4) Tuition charged by the educational institution. or in lieu oC tuition. instructors' salariell and the relate<:! share of indirect costs of the educational institution to the extent that the sum thereof ~ not in excess of the tuition which would have ben pajd to the participating educational institution. (5) Salaries and related costs of mslructors who are employees of tha OrganizatiOL (6) Straight-time compensation of each employee for time spent anending class&c dwing werking hours oat in excess of 156 hours per year and only to the extent that circumst:mces do not permit the operation of classes or attendance at classel after regular working hours: otherwise such compensation is unallowable. e. C.:lsts of tuition. Ices. traini!Jg materials, and textbookB (but not subsiltence. sOIliUJ', or any other emoluments) in connection with full-time education. including that provided at the organization's own facilities. at a postgraduate (but not underp-aduate) college leveL are allewable onlv when the co~e or degree pursued is relate'd to the field in which the employee is now working or may re88on.ably be expected 10 work. and only where th~ costs receive the prior approval of the awarding agency. Such costs are limite<:! to the costs attributable 10 a total period not to exceed 0l1~ school year for each employee so trained. In unusual cases the period may be extended. d. COSIs of attendance of up to 16 week., per employee per year at specialized programs specifically designed to enhance the e{{ectiveness of executives or ma:J.agers or to prepare employees for such positions are allowable. Such costs include enrollment I A-122:11 fees. training materials, textbookB and related charges. employees' salaries.. subsistence. and traveL Costs allowable under trus paragraph do not include thOIH! for courses that are part of a degree-oriented curricwum. which are allowable only to the extent set forth in b. and e. above. e. Maintenance expense. and normal depreciation or fair rental on facilities owned or leased by the orsaniza lion for training PllIl'oses are allowable to the extent sP.t fortb in paragraphs 9, 22. and 42- f. C:.mtributions or donations to educational or training in~t1tulions, includlng l1:e donation of facilities or otber propp.rties. amJ scholarships or fellowships, are unallowable. g. Training and education cosu in excess oj Ihose otherwiss allowable under paragraphs ...b. and c, of this paragraph may be allowed with prior approval of the awarding agency. To be considered for approvaL tha organization must demonstrate that such cosls are consiatently incurred pursuant to ao estublished training and educa:ion program, and that the course or degree pursued is rela tive to the Deld in which the employee is now working or may reasoncbly be expected to work. 49. Transportatian costs. Transportatlon C\JsIS include freight. express. cartage. and postage charges relating either to goods purchased. in process. or delivered. These' COBts are allowable. When such costs can readily be identilied with the iteIn! involved. they may be directly charged as lransportatlon cosu or added to the cost of such items (see paragraph Z3). Where identification with the materials received cannot readily be made. lrllnsportation costs may be charged to the appropriate indirect cost accounts if the organization follows a consistent. equitable procedure in this respe'::t. SO. Travel costs. a. Tra vel costs are the expenses for transportation. lodging. subtiistence. and related items incurred by employees who are in tra vel staM on official business of the organization.. Travel cosls are allowable subject to paragraphs b. tfu.ol,lgb e, below. when they are ~ectly attributable to specifie work under an sward or.are incurred in the normal course of administratioo of the organization. b. Such r.osts may be charged on an actual basis. on a per diem or mileage basis in lieu of actual costs incurred. or on a combina lion of lhe tWo. proTided the method used results in charges consistent with those normally allowed by the organization in its regular opera tions. e. The cillference in cost between first-class air accommoda tions and less than first-class air accommodations is unallowable except when less than first-class air accommoda tions a..--e not reasona bly a vailable to meet necesaary mission requirements, such as where less thaci first. c1asa accommodations would (i) require circuitous routing. (i1) require travel during unreasonable hours. (iii) greatly increase the duration. of the Dight, (iv) resull in additional costs which would offsel the trensDortaUon savir.gs, or (v) offer nccommodatio'ns which . , .... ~ .,. L- Jfflce of Management and Budget Circular A-122 (6/27/80) ;I"e not reasonably adequate for the medical -:eedB of the traveler, ct Necessary and roawnable costs oC :amily movements and penlonnel movements Jf a special or mus nature B.rlI a\lowabl6- ;:>Uf'Suant to paragrapha 4{) and 41. subject to allocation on the basis of work or time period Jer:efited when appropriate. Advance agreements are particularly importnnL e. Direct chargell for foreign travel cosh are allowable only wben the travel bas received xior approval of the awarding agency. Each ;eparate foreign trip must be approved. For ;lUrposes of this provision. foreign tra vol is defined as any travel outBide of Canada and :!le United States and its tenitories and possessions. However, for an orgllIlization located in foreign countries. the lenn "foreign :ravel"' means travel outBide that country. [Circular.No. A-l22] Attachment C :'-onprofit OI11an.izations Dot Subject to thiB CJu1W Aerospace Corporation. El Segundo. California :!<.I'3onne Universities Association. Chicago, Illinois Associated Universities, lncorporated. Washington. D.C- Associated Universities for Research and Astronomy, Tucson. .tvizona ....lomic Casualty Commission. Washington. D.C- Battelle Memoriallnstitute. Haadquwiered in Coiumbus. Ohio Broolu'laven National Laboratory. Upton. New York Center ior Energy and Environmental Resee.rch (CEER), (University oi Puerto Rico) Commonwealth of Puerto Rico. Charles Sla:k Draper Laboratory. lncorporated Cambridge. Massachusetts. Comparative Animal Research Laboratory (CARL) ["uni\'ersity of Tennessee), Oskridge. Ter.nr."ee i::1\"ironmentallnstitute of M.ichigan. Ann Arbor. Michigan :-:adord Environmental Health Foundation. Richland. Washington Lj Research Institute, Chicago. nJinois b~lilute jor Deiense Analysis. Arlington. Virginia bstilule of Gas Technology. Chicago. ll1i.nois ~{idwesf Research Institute, Headquartered in hunsas City. M.issouri ).lilre Corporation. Bedford. Massacnlliletts ).lonlilna Energy Research and Development Institute. lnc~ (NlERDI). Butte. Montana :,alional Radiological Astronomy Observatory, Green Bank. West Virginia Oakrioge Auociated Universities. Oaklidge. Tennessee ?:-oject Management Corporation. Oakrid.Jle. T er-..nessee - F,ano Corporation. Santa Monica. CalifomJa ;:,e5earch Triangle bstitute. Research Triangle Park. North Carolina ?,ive:-side Research lnstitute. New York. New York S.andia Corporation. Albuquerque. New \~"X::0 Southem Research Institute, Birminghs..m. Alabama Southwesl Research lnstltute. San Antonia. Texas SRllnternatlonaL Meu.lo Parle. CallIomJa Syracuse Reeearch Corporation. SyI'BCIa8, New YorX Universities Research Association. lncorpora ted (National Accelers lion La b). Argonne. Dlinois UniveniUes Corporation for Atmospheric Research. Boulder. Colorado Nonprofit insurance Companies such as Blue era" and Blue Shield Organizations Other nonprofit oI11anizations 81 negotiated 'Kith awarding egencies. (Fl\ Doc. 80-=0 F1Iod 7-7-<<1; eo.5 ''''1 ~ COOE 311~1~ Editorial Corrections to OMS A-122 OFFICE OF MANAGEMENT AND BUDGET Circular A-122, "Cost Principles for Nonprofit Organizations"; Correction AGENCY: Office of Management and Dudget. ACTION: Final policy correction. SUMMARY: This notice corrects errors in the prin ting of cos t principles for nonprofit organiza lions, (45 FR 46022, July a, 1960). FOR FURTHER INFORMATION CONTACT: Palmcr Marcantonio, Financial Management Branch. Office of Management and Budget, Washington, D.C. 20503. (202) 395-4773. . Page 46022, column 2 the second Paragraph 1, change Paragraph 5 "Compensation for Personnel Serviccs" to Paragraph 6. . Page 46022. column 2 the second Paragraph 2. change Paragraph 6 "Contingencies"' to Paragraph 7. . Page 46022. column 3: Paragraph 4, change Paragraph 31. "'Equipment and Other Capital Expenditures"' to Paragraph 13. . Paragraph 5. change Paragraph 26 "'Mcetings"' to Paragraph 24. . Paragraph B. change Paragraph 27. "'Or-ganir.ation Costs" to Paragraph'26. . Paragraph 7, change' Paragraph 30 "Pagc char-ges in Professtional Journals" to Paragraph 28. . Paragraph 8. change paragraph 37 "'Public Inform a tion Service Costs" to Parngraph 36. . Paragraph 9. change Paragraph 43 "Rental Costs" to Paragraph 42. . Paragraph 9a: in the fourth line. add "'up" between the words "'only"' and "'10"; in the sixth line changc "thcy" to "it". . Parngraph 10. change Parngraph 51 "Tr~~\,pl Cnc;ts" tn P~r:lt~r-l1nh :In. -I A-122:12 . Page 46024. column 3 Paragraph 4(<1)(2) after "'benefits received" add "'; or". . Page 46025. column 1 Paragr/lph D3, change the rclerence "'Paragraph 21 of Attachment B"' to "'Paragraph 19 of Allachment D."' . Page 46026. co{umn 1 Paragraph 4a.iii. in the sixth line. change "'direct cost" to "direct cosls."' . Page 46026, column 2 Paragraph Elc, change "e'stablishment of a ratc" to "'cstablishmcnt of a final ralc." . Page 46026. column 3 Paragroph E2b, in thc third line add thc following aftcr "a Fcderal agcncy shall"-"'submit its initial indircct cost proposal immcdiatel"."' . Page 4{;,.'127. column 3 Paragraph '. (3)(0), change "workmen's compcnsation" to "'workerF' compensation." . Page 46028. column 1 Paragraph 6f3(b). (the sccond line of column 1) chonge "'Workmen's compcnsation"' to "workers' compensation."' . Page 46030, -column 3, paragraph 24b.. the sixth line. change "'allowable" to "allowability"', Daniel F. Mann. nudgel ond MOIlogemenl Officer. 1m Doc. 81--l107J Filed :l-lfHll: ~45 Ami BILLING CODE 311G-{)1-M Circular A-122, "Cost Principles for Nonprofit Organizations" Correction In FR Doc. 81-20270, appearing at page 46022 in the issue of Tuesday. July 0, 1980. the following changes should be made: 1. On page 46024. column three, tbe second sentence in paragraph ~.5,b. should read. "Specific~ly. the concept of netting such credit items against: related expenditures should be applied by the organization in determining the rates or amounts to be charged to Federal awards Tor services rendered whenever the facilities or other resources used in providing such scrvices have been financed directly. in whole or in part. by Federal funds,"' 2. On page 46024, column three, the sccond complete sentcnce in paragraph A.a. should read, '"This is particularly true in connection ",-jlh organiza tions tha t rcccivc a preponderance of their support from Fedcral agencies."' 3. On pagc 46025. column one, paragraph D.2, should read, "'2. Any dircct cost of a minor amount may be treated as an indirect cost for reasons of practicality where the accounting trcatment for such cost is consistently nrr1i,'d tn /III fin/ll r.ost nhicr.tives." ".~, ,. ',' .. ". ." I Office of Management and Budget Circular A-122 (6/27/80) 4. On page 46025. column one. paragraph B.4.f. should read, "f. Administration of group benefits on behalf of members or clients including life and hospital imurance, annuity or retirement plans, financial aid. etc." 5. On page 46025. column two. the first sentence in paragraph D.1.e. should read, "The base period for the allocation of indirect costs is the period in which such costs are incurred and accl,lmuluted for allocation to work performed in that period." O. On page 4G02G. column one, the second sentence in paragraph D.3.d should read, ''The costs in the common pool shall then be distributed to individual awards included in thut function by use of a single indirect cost rate." 7. On page 46020, column one, the first sentence in puragraph D.3.e. should read, "The distribution based used in computing the indirect cost rate for each function may be total direct costs (excluding capital expenditures and other distorting items such as major subcontracts and subgrunts). direct ::alaries and wages, or o.ther base which results in an equitable distribution." B. On page 46020, column one. the first and second sentences in paragraph D.4.a. should read, "Some nonprofit organizations treat all costs as direct costs except general administration and general expenses. These organizations' generally separate their costs into three basic Cll te/lories:' . .:. 9. On page 46020, the last sentence in column one (extending to column two). in paragraph 0.5. should read. "The factors may include the physical loca tion of the work. the level of administrative suppor! required. the na ture of the facili ties or other resources employed, the scientific disciplines or technical skills involved, the organizational arrangements used, or any combination thereof." 10. On page 46026. column three. paragraph E.2.i. should read, "i. To the extent that problems are encountered amon,g the Federal agencies in connection with the negotiation and approval process, the Office of Management and Budget will lend assistance as required to resolve such problems in a timely manner:' 11. On page 46030, column one. the introductory text of paragraph 16.u. and paragraph 1G.b.(1) should read. "b. The costs of idle facilities are unallowable except to the extent that: (1) They are necessary to meet Ductuations in workloads; or". 12. On page 46030. column one, the second sentence in paragraph 16.c. should read. "Such costs are allowable. provided the capacity is reasonably antir.ipated to be necessary or WIIS originally reasonable and is not subject to reduction or elimination by sublelling, renting. or sale. in accordance with sound business. economics or security practices:' 13. On page 46031. second column. paragraph 34.c. should read, "In addition to the factors in paragraph b. above. retainer fees to be allowable must be supported by evidence of bonf! fide services available or rendered." II/LUNG COOE lSO~I-N I" " .. ~ A-122:13 '\ .. " .~ f '. I I ~... -, C I T Y OF CLEARWATER Interdepartment Correspondence FROM: J. D. Sheeler, Community Development <ofifl- Managp TO: Al Galbraith, City Attorney SUBJECT: CDBG Agreements COPIES: James Polatty, Michael Wright DATE: October 20, 1989 Please review and process through the City Commission the attached Community Development Agreements. These Agreements implement the Community Development Block Grant Program approved by the Commission on June I, 1989. Time is of the essence on these Agreements which are for agency activities with usual starting dates of October I, 1989. Attached are nine Agreements for: ~ Ervin's All American Youth Club, Inc. ~ Girls Clubs of Pinellas County (Basic Program) ~ Religious Community Services v Clearwater Housing Authority, Inc. v Community Service Foundation ~Boys Clubs of Pinellas County ". Communi ty Pride Child Care Ctr. ~ YWCA of St. Petersburg, Florida ......Quest Inn, Inc. The three remaining Agreements which will be forwarded upon signature by the community agencies are: Clearwater Neighborhood Housing Services, Inc ~Girls Clubs of Pinellas County (Condon King's Kids Program) . In' Isaiah's Inn - "';"f:;- ~"'~ ~J- ~JJLJl These will be forwarded as soon as they are available. If there are any questions, please contact me at ext. 6840. JDS/cma Enclosure RECE\VED OCT 2 4 1989 ~'TY ATTORNEY ~ ~~f' II I MEMORANDUM TO: The City Com mission of the City of Clearwater SUBJECT: . . I Agenda No. Meeting Date: CDBG Agency Agreements for 1989-1990 ~~, RECOM MENDATION': __.....4._~~ ~... ." City Commission authorize the Agreements with Community Organizations for support through the Community Development Block Grant Program. I5a And that the approprlbte officials be authorized to execute some. BACKGROUN D: The following Agreement with community service organizations are a part of the Community Development Block Grant (CDBG) Program approved by the City Commission on June 1, 1989, for the CDBG Program year beginning October 1, 1989. 1. Ervin's All American Youth Club, Inc. 2. Girls Clubs of Pine11as County (Basic Program) 3. Religious Community Services 4. Clearwater Housing Authority, Inc. 5. Community Service Foundation 6. Boys Clubs of Pine11as County 7. Community Pride Child Care Ctr. 8. YWCA of St. Petersburg, Florida 9. Quest Inn, Inc. Federal regulations require that Agreements be executed between the city and agencies providing CDBG supported activities. Up to three additional Agreements will be forwarded upon signature by the respective agencies. Commission Disposition: 1. Approved as Recommended/Revised/Conditional 2. Continued to Follow-up Action: datf! Submitted by: Advertised: o Affected Costs: N/A IXlAttachments: 6??j' /2j Date: Parties Funding Source: 11 CDBG Agency Notified o Capital Improve- Agreements City Manager Paper: of Meeting ment Budget ~ Not Required [J Not Required o Operating Budget o Other Originating Deportment: Funded bv CDBG Date a Sequential Legal Appropriation Code Reference o None