2023-439-E-Housing Dept-US Dept of Housing and Urban Development-Continuum of Care planning activities

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www.hud.gov espanol.hud.gov Page 4 Pre-award Costs for Continuum of Care Planning The Recipient may, at its own risk, incur pre-award costs for continuum of care planningawards, after the date of the HUD selection notice and prior to the effective date of this Agreement, ifsuch costs: a) are consistent with 2 CFR 200.458; and b) would be allowable as a post-award cost;and c) do not exceed 10 percent of the total funds obligated to this award. The incurrence of pre-award costs in anticipation of an award imposes no obligation on HUD either to make the award, orto increase the amount of the approved budget, if the award is made for less than the amountanticipated and is inadequate to cover the pre-award costs incurred.These provisions apply to all Recipients: If any new projects funded under this Agreement are for project-based rental assistance for aterm of fifteen (15) years, the funding provided under this Agreement is for the performance periodstated herein only. Additional funding is subject to the availability of annual appropriations. The budget period and performance period of renewal projects funded by this Agreement willbegin immediately at the end of the budget period and performance period of the grant beingrenewed. Eligible costs incurred between the end of Recipient's budget period and performanceperiod under the grant being renewed and the date this Agreement is executed by both parties may bereimbursed with Grants Funds from this Agreement. No Grant Funds for renewal projects may bedrawn down by Recipient before the end date of the project’s budget period and performance periodunder the grant that has been renewed. For any transition project funded under this Agreement the budget period and performanceperiod of the transition project(s) will begin immediately at the end of the Recipient's final operatingyear under the grant being transitioned. Eligible costs, as defined by the Act and the Rule incurredbetween the end of Recipient's final operating year under the grant being transitioned and theexecution of this Agreement may be paid with funds from the first operating year of this Agreement. HUD designations of Continuums of Care as High-performing Communities (HPCS) arepublished on HUD.gov in the appropriate Fiscal Years’ CoC Program Competition FundingAvailability page. Notwithstanding anything to the contrary in the Application or this Agreement,Recipient may only use grant funds for HPC Homelessness Prevention Activities if the Continuumthat designated the Recipient to apply for the grant was designated an HPC for the applicable fiscalyear. The Recipient must complete the attached “Indirect Cost Rate Schedule” and return it toHUD with this Agreement. The Recipient must provide HUD with a revised schedule when anychange is made to the rate(s) included in the schedule. The schedule and any revisions HUD receivesfrom the Recipient will be incorporated into and made part of this Agreement, provided that each rateincluded satisfies the applicable requirements under 2 CFR part 200 (including appendices). This Agreement shall remain in effect until the earlier of 1) written agreement by the parties;2) by HUD alone, acting under the authority of 24 CFR 578.107; 3) upon expiration of the budgetperiod and performance period for all projects funded under this Agreement; or 4) upon the expiration of the period of availability of Grant Funds for all projects funded under this Agreement. HUD notifications to the Recipient shall be to the address of the Recipient as stated in the Recipient’s applicant profile in e-snaps. Recipient notifications to HUD shall be to the HUD Field Office executing the Agreement. No right, benefit, or advantage of the Recipient hereunder may be assigned without prior written approval of HUD. Build America, Buy America Act. The Grantee must comply with the requirements of the Build America, Buy America (BABA) Act, 41 USC 8301 note, and all applicable rules and notices, as may be amended, if applicable to the Grantee’s infrastructure project. Pursuant to HUD’s Notice, “Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy America Provisions as Applied to Recipients of HUD Federal Financial Assistance” (88 FR 17001), any funds obligated by HUD on or after the applicable listed effective dates, are subject to BABA requirements, unless excepted by a waiver. The Agreement constitutes the entire agreement between the parties and may be amended only in writing executed by HUD and the Recipient. By signing below, Recipients that are states and units of local government certify that they are following a current HUD approved CHAS (Consolidated Plan). DocuSign Envelope ID: D10F586A-6F83-4354-BD63-D104F5963F8A