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Home My WebLink AboutYR 2012 GRANT AGREEMENTS (1) COMMUNITY DEVELOPMENT GRANT (CBG) PROGRAM (2) HOME INVESTMENT PARTNERSHIPS PRORAM (3) EMERGENCY SOLUTIONS (ESG) PROGRAM (4) HOUSING OPPOORTUNITIES FOR PERSONS WITH AIDSMay 10, 2012 Ms. Mary D. Presley, Director U.S. Department of Housing and Urban Development Georgia State Office, Community Planning & Development Five Points Plaza 40 Marietta Street, N.W., 15 Floor Atlanta, Georgia 30303 -9812 Dear Ms. Presley: Housing & Community Development Department SUBJECT: Year 2012 Grant Agreements Community Development Block Grant (CDBG) Program HOME Investment Partnerships Program Emergency Solutions Grant (ESG) Program Housing Opportunities for Persons with AIDS (HOPWA) Program Chester A. Wheeler, III Director Pursuant to your letter dated April 19, 2012, I am forwarding one (1) executed copy of the CDBG Entitlement Funding Approval /Agreeme t (HUD - 708'2 Funding Approval and HOME Investment Partnerships Agreement ('HUD -40093 , Emergency Solutions Grants and Housing Opportunities for Persons with AIDS Agreements: 1 CAW /vcj Enclosures I you have any questions please contact me at (706) 821 -1797. Sincerely,, ter A. Director heeler, 111 Housing and Community Development Department 925 Laney Walker Blvd., 2 " Floor— Augusta, Georgia 30901 (706) 821 -1797 — Fax (706) 821 -1784 —TDD (706) 821 -1783 www.augustaga.gov Title Director, Office of Comm nity and Development Title 1 t ' I Q, Sig ture Date mld:� yyyy) Sign , Date (rr m(Iddlyyyy) � k 7. Category of Title I A .i to ce for the. Fun clior (check only one) 8. Specs. Conde (check one) ❑ None ons t, 9a. Date HUD Re ved Submission (mm /dd /yyyy) 1 1/15/201 1 10. check one Orig. Funding Approval Amendment Amendment Number a. K a. Entitlement, Sec 106(b) 9b. Date Gra tified (mm /dd /y4 1 2C 12 ❑ b. ❑ b. State - Administered, Sec 106(d)(1) ❑ c. HUD - Administered Small Cities, Sec 106(d)(2)(B) ❑ d. Indian CDBG Programs, Sec 106(a)(1) ❑ e. Surplus Urban Renewal Funds, Sec 112(b) ❑ f. Special Purpose Grants, Sec 107 ❑ g. Loan Guarantee, Sec 108 )C Attached 9c. Date of Start of Program Year (mm/dd/yyyy) 01/01/2012 11. Amount of Community Development Block Grant FY (12 ) FY ( ) FY ( ) a. Funds Reserved for this Grantee $1,723,227 b. Funds now being Approved $ 1 ,723,227 c. Reservation to be Cancelled (11a minus 11b) 12a. Amount of Loan Guarantee Commitment now being Approved N/A 12b. Name and complete Address of Public Agency N/A Loan Guarantee Acceptance Provisions for Designated Agencies: The public agency hereby accepts the Grant Agreement executed by the Department of Housing and Urban Development on the above date with respect to the above grant number(s) as Grantee designated to receive loan guarantee assistance, and agrees to comply with the terms and conditions of the Agreement, applicable regulations, and other requirements of HUD now or hereafter in effect, pertaining to the assistance provided it. 12c. Name of Authorized Official for Designated Public Agency N/A Title N/A Signature Funding Approval /Agreement Title I of the Housing and Community Development Act (Public Law 930383) HI- 00515R of 20515R 1. Name of Grantee (as shown in item 5 of Standard Form 424) City of Augusta, Georgia 3a. Grantee's 9 -digit Tax ID Number: 58- 2204274 3b. Grantee's DUNS Number: 073438418 5a. Project/Grant No. 1 B- 12 -MC -13 -0003 5b. Project/Grant No. 2 5c. Project/Grant No. 3 2. Grantee's Complete Address (as shown in item 5 of Standard Form 424) 530 Greene Street Augusta, Georgia 30911 Grant Agreement: This Grant Agreement between the Department of Housing and Urban Development (HUD) and the above named Grantee is made pursuant to the authority of Title 1 of the Housing and Community Development Act of 1974, as amended, (42 USC 5301 et seq.). The Grantee's submissions for Title 1 assistance, the HUD regulations at 24 CFR Part 570 (as now in effect and as may be amended from time to time), and this Funding Approval, including any special conditions /addendums, constitute part of the Agreement. Subject to the provisions of this Grant Agreement, HUD will make the funding assistance specified here available to the Grantee upon execution of the Agreement by the parties. The funding assistance specified in the Funding Approval may be used to pay costs incurred after the date specified in item 4 above provided the activities to which such costs are related are carried out in compliance with all applicable requirements. Pre - agreement costs may not be paid with funding assistance specified here unless they are authorized in HUD regulations or approved by waiver and listed in the special conditions to the Funding Approval. The Grantee agrees to assume all of the responsibilities for environmental review, decision making, and actions, as specified and required in regulations issued by the Secretary pursuant to Section 104(g) of Title land published in 24 CFR Part 58. The Grantee further acknowledges its responsibility for adherence to the Agreement by sub - recipient entities to which it makes funding assistance hereunder available. U.S. Department of Housing and Urban Development (By Name) Grantee Name Mary H. Presley City of Augusta, Georgia ccounting use Only Batch TAC Program Y A Reg Area 5 7 3 6 Date Entered PAS (mm /dd /yyyy) Y Y Document No. Project Number Category U.S. Department of Housing and Urban Development Office of Community Planning and Development Community Development Block Grant Program OMB Approval No. 2506 -0193 (exp 1/31/2015) Project Number Project Number Amount Amount Amount Date Entered LOCCS (mm /dd /yyyy) Batch Number Transaction Code Entered By 24 CFR 570 4. Date use of funds may begin (mm /dd/yyyy): 01/01/2012 6a. Amount Approved $1,723,227 6b. Amount Approved 6c. Amount Approved Effective Date (mm/dd/yyyy) F Verified By form HUD -7082 (11/10) Addendum to form HUD ADDENDUM TO GRANT AGREEMENT FOR CDBG PROGRAM In addition to the conditions contained on form HUD 7082, the grantee shall comply with requirements established by the Office of Management and Budget (OMB) concerning the Dun and Bradstreet Data Universal Numbering System (DUNS), the Central Contractor Registration (CCR) database, and the Federal Funding Accountability and Transparency Act, including Appendix A to Part 25 of the Financial Assistance Use of Universal Identifier and Central Contractor Registration, 75 Fed. Reg. 55671 (Sept. 14, 2010)(to be codified at 2 CFR part 25) and Appendix A to Part 170 of the Requirements for Federal Funding Accountability and Transparency Act hnplementation, 75 Fed. Reg. 55663 (Sept. 14, 2010)(to be codified at 2 CFR part 170). Funding Approval and HOME Investment Partnerships Agreement Title II of the National Affordable Housing Act 1. Participant Name and Address City of Augusta, Georgia 530 Greene Street Augusta, Georgia 30911 6. Previous Obligation (Enter "0" for initial FY allocation) a. Formula Funds b. Community Housing Development Org. (CHDO) Competitive a. Formula Funds 1. CHDO (For deobligations only) 2. Non- CHDO (For deobligations only) b. CHDO Competitive Reallocation or Deobligation (see #18 below) 8. Revised Obligation a. Formula Funds b. CHDO Competitive Reallocation 9. Special Conditions (check applicable box) ❑ Not applicable ® Attached 11. For the U.S. Department of HUD (Name and Title of Authorized Official) Mary H. Presley, Director, Atlanta Office of CPD 14. For the Participating Jurisdiction /Entity (Name and Title of Authorized Official) C:141 cc A9tAck - G-e0 ' 17. Check one: Initial Agreement ❑ Amendment # 18. Funding Information: HOME Source of Funds Appropriation Code PAS Code Amount U.S. Department of Housing and Urban Development Office of Community Planning and Development Public reporting burden for this collection of information is estimated to average 1 hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless that collection displays a valid OMB control number. The HOME statute imposes a significant number of data collection and reporting requirements. This includes information on assisted properties, on the owners or tenants of the properties, and on other programmatic areas. The information will be used: 1) to assist HOME participants in managing their programs; 2) to track performance of participants in meeting fund commitment and expenditure deadlines; 3) to permit HUD to determine whether each participant meets the HOME statutory income targeting and affordability requirements; and 4) to permit HUD to determine compliance with other statutory and regulatory program requirements. This data collection is authorized under Title II of the Cranston - Gonzalez National Affordable Housing Act or related authorities. Access to Federal grant funds is contingent on the reporting of certain project- specific data elements. Records of information collected will be maintained by the recipients of the assistance. Information on activities and expenditures of grant funds is public information and is generally available for disclosure. Recipients are responsible for ensuring confidentiality when public disclosure is not required. 2. Participant Number M 12 -MC 130206 3. Tax Identification Number 58- 2204274 4. Appropriation Number $0 $0 $766,812 $0 $0 $0 $0 $0 10. Date of Obligation (Congressional Relea (mm /dd /yyyy) A P/R 1 9 2012 4. DUNS Number 073438418 5. FY (yyyy) 2012 $0 7. Current Transaction (+ or -) $766,812 $0 OMB Approval No. 2506 -0171 (Exp. 12/31/2012) se Date) This Agreement between the Department of Housing and Urban Developmen (HUD) and the Participating Jurisdiction /Entity is made pursuant to the authority of the HOME Investment Partnerships Act (42 U.S.C. 12701 et seq.). The Participa ing Jurisdiction's /Entity's approved Consolidated Plan submission /Application and the HUD regulations at 24 CFR Part 92 (as is now in effect and as may be amended from time to time) and this HOME Investment Partnership Agreement, form HUD - 40093, including any special conditions, constitute part of this Agreement. Subject to the provisions of this Agreement, HUD will make the funds for the Fiscal Year specified, available to the Participating Jurisdiction /Entity upon execution of this Agreement by the parties. All funds for the specified Fiscal Year provided by HUD by formula reallocation are covered by this Agreement upon execution of an amendment by HUD, without the Participating Jurisdiction's execution of the amendment or other consent. HUD's payment of funds under this Agreement is subject to the Participating Jurisdiction's /Entity's compliance with HUD's electronic funds transfer and information reporting procedures issued pursuant to 24 CFR 92.502. To the extent authorized by HUD regulations at 24 CFR Part 92, HUD may, by its execution of an amendment, deobligate funds previously awarded to the Participating Jurisdiction /Entity without the Participating Jurisdiction's /Entity's execution of the amendment or other consent. The Participating Jurisdiction /Entity agrees that funds invested in affordable housing under 24 CFR Part 92 are repayable when the housing no longer qualifies as affordable housing. Repayment shall be made as specified in 24 CFR Part 92. The Participating Jurisdiction agrees to assume all of the responsibility for environmental review, decision making, and actions, as specified and required in regulation at 24 CFR 92.352 and 24 CFR Part 58. The Grantee shall comply with requirements established by the Office of Management and Budget (OMB) concerning the Dun and Bradstreet Data Universal Numbering System (DUNS), the Central Contractor Registration (CCR) database, and the Federal Funding Accountability and Transparency Act, including Appendix A to Part 25 of the Financial Assistance Use of Universal Identifier and Central Contractor Registration, 75 Fed. Reg. 55671 (Sept. 14, 2010) (to be codified at 2 CFR part 25) and Appendix A to Part 170 of the Requirements for Federal Funding Accountability and Transparency Act Implementation, 75 Fed. Reg. 55663 (Sept. 14, 2010) (to be codified at 2 CFR part 170). /1 APRatel / 9 2012 ILD 16. Da). / 1 z Page 1 of 1 form HUD -40093 1. Name of Grantee (as shown in item 5 of Standard Form 424) City of Augusta, Georgia 2. Grantee's 9 -digit Tax ID Number 58- 2204274 3. Grantee's DUNS Number: 073438418 4. Grantee's Complete Address (as shown in item 5 of Standard Form 424) 530 Greene Street Augusta, Georgia 30911 Grant Agreement: This Grant Agreement between the Department of Housing and Urban Development (HUD) and the above named Grantee is made pursuant to the authority of Subtitle B of Title IV of the McKinney -Vento Homeless Assistance Act (42 U.S.C. 11371 et seq.). The Grantee's submissions under 24 CFR Part 91 that pertain to this Grant, the HUD regulations at 24 CFR Part 576 (as now in effect and as may be amended from time to time), and any special conditions attached to this Grant Agreement constitute part of this Grant Agreement. The Grantee shall also comply with the Office of Management and Budget requirements for Universal Identifier and Central Contractor Registration at 2 CFR Part 25, Appendix A to Part 25 —Award Term. Subject to the provisions of this Grant Agreement, HUD will make the Grant available to the Grantee upon execution of the Grant Agreement by the Grantee and HUD. The Grant may be used to pay costs incurred after the date specified in item 8 below, provided the activities to which the costs are related are carried out in compliance with all applicable requirements. 5. Special Conditions (check one): X none • Attached 6a. Date HUD Received Grantee's Annual Submission under 24 CFR Part 91 (mm /dd /yyyy) 11/15/2011 6b. Date Grantee Notified: (mm /dd /yyyy) APR 1 9 2012 7. Date of Start of Grantee's Program Year (mm /dd /yyyy) 01/01/2012 8. Date Use of Funds May Begin (the later of the date in 6a and the date in 7) (mm/dd /yyyy) 01/01/2012 �/ 9. Funding Approval (check one): XOriginal • Amendment 10. Amount of Emergency Solutions Grant: $176,697 10a. Funds Reserved for this Grantee $176,697 10b. Funds Now Being Approved $176,697 10c. Reservation to be Cancelled (10a minus lOb) $ 11. Name and Complete Address of Department Designated to Administer the Grant Q i s f t 1,�s fv� Cmr u t Deg , tpt AuA ,` U /& k El 0.. j Floor 1 6060 T 11a. me of Authorized Official Biked - ee' ik, Wieee- ', 6 e. a r 11b. Title r Dire car 11c. Phone Number ` 70(0 - Q 2 - I 7 CI rl 11d. Fax Number rI N, - e4 - (r7 p 4 11 e. E -mail Address (Afi \' ear@ � tt.s+ ar�it 12. U.S. Department of Housing and Urban Development Atlanta Office of Community Planning and Development 13. Grantee Name City of Augusta, Georgia 12a. Name of Authorized Official Mary H. Presley 13a. Name of Authorize Official c vi'S S A.1/ , 12b. Title Director 13b. Title Qyor- 12c. Si ure 13: Siure 12d. ate (mm /d / yy) ff 13d. Dat (m dd/yyyy Grant Agreement Subtitle B of Title IV of the McKinney -Vento Homeless Assistance Act, 42 USC 11371 et seq. Grant Number: E- 12 -MC -13 -0004 U.S. Department of Housing and Urban Development Office of Community Planning and Development Emergency Solutions Grants Program INSTRUCTIONS FOR FY2012 GRANT AGREEMENT FORM Page 2of3 Grant Number: Fill in the grant number for the recipient's FY2012 ESG grant, which has "E" as an initial letter identification denoting the Emergency Solutions Grants program. The grant number can be found in ID IS. Block 1: Locate the recipient's name on item 5 of Standard Form 424 (SF -424) and enter it in block 1. The recipient must be the City, State, County, or Territory government, not a department, agency or instrumentality of that government. Block 2: Enter the recipient's 9 -digit Tax ID Number (TIN) in block 2. Block 3: Enter the recipient's DUNS number in block 3. Block 4: Locate the recipient's complete address on item 5 of the SF -424 and enter it in block 4. Block 5: If there are any special conditions to the recipient's FY2012 Grant Agreement, check the box for "Attached" in block 5 and ensure that all applicable documentation is attached to the grant agreement. If there are no special conditions to the recipient's FY2012 Grant Agreement, check the box for "None" in block 5. Block 6a: Enter the date on which the recipient submitted the applicable annual submission (i.e. FY2012 Annual Action Plan) in block 6a (MM/DD /YYYY). Block fib: Enter the date on which the field office notified the grantee that the applicable annual submission (i.e. FY2012 Annual Action Plan) was approved in block 6b (MM /DD /YYYY). Block 7: Enter the date on which the recipient's program year starts in block 7 (MM/DD /YYYY). Block 8: Enter the date which is the later of the date in block 6a and the date in block 7 in block 8 (MM /DD /YYYY). Block 9: If this is the initial grant agreement for the recipient's FY2012 grant, check the box for "Original" in block 9. If this is an amendment to the grant agreement for the FY2012 grant, check the box for "Amendment" in block 9. Block 10: In block 10, enter the total funds awarded under the fiscal year grant. Block 10a: In block 10a, enter the allocation amount or, if applicable, the reallocation amount. The allocation amount for FY2012 can be found in GMP or on the HUD website at: http: / /www.hud.gov/ offices /cpd/about/budget /budget 12/ Block 10b: In block lOb, enter the amount of funds now being awarded to the recipient. Block 10c: Enter the amount of funds allocated but not awarded to the recipient (the amount of funds entered in block 106 subtracted from the amount of funds entered in block 10a). Block 11: Enter the name and address of the specific department designated to administer the FY2012 ESG grant in block 11. ANNUAL ACTION PLAN ADVICE AND GUIDANCE ESG Expenditure Deadlines There are two critical deadlines set forth in the ESG program regulations. Title 24 of the Code of Federal Regulations (CFR), Section 576.35, requires that all ESG grant amounts be obligated by 180 days and expended by 24 months after the date of the Grant Agreement. Any grant amounts that are not obligated and expended by these dates may be recovered and reallocated for use in accordance with §576.45 of the regulations. These deadlines represent maximum time periods. HUD is sure that each grantee will make every effort to obligate and expend all funds within these periods. Line -of- Credit Control System/IDIS In order to establish a Line of Credit for each Fiscal Year 2012 grant, it will be necessary to execute and return two copies of the Grant Agreement. In addition, if there is a need to add or delete individuals authorized to access the Integrated Disbursement and Information System (IDIS), an IDIS Access Request form must be prepared, notarized, and signed by the appropriate officials and returned to this Office. Your Local IDIS Administrator has the rights to block an individual's access to IDIS. To ensure that payment data exists in the Line of Credit Control System (LOCCS) for each grant, grant recipients should send to this office a photocopy of their Direct Deposit Sign -Up Form, SF 1199A. The SF 1199A should have the grant number entered in section 1, box B. Also, if there is a need to establish or change the depository account to which grant funds are to be wired, a Direct Deposit Sign -up Form must be completed by the Grantee and the financial institution and mailed to this Office. Entitlement funds will be drawn from the Integrated Disbursement Information System (IDIS) on a first -in -first out (FIFO) basis. This means that the entitlement funds (CDBG, HOME, ESG, and HOPWA) will be drawn from the oldest grant first. Any CDBG and HOME program income entered in IDIS should be disbursed before the CDBG and HOME program funds are drawn on a FIFO basis. Executive Order 12372 The special condition for the CDBG Program Grant Agreement and Funding Approval concerning the review procedures under Executive Order (EO) 12372, Intergovernmental Review of Federal Programs and HUD's implementing regulations at 24 CFR Part 52, restricts the obligation or expenditure of funds for the planning or construction of water or sewer facilities until the completion of the review process and receipt of written notification of release of funds from HUD. In the event the grantee amends or otherwise revises its Annual Action Plan to use funds for the planning or construction of water or sewer facilities, a written release of funds from HUD must be obtained before obligating or expending funds for such activities. Environmental Review Procedures Certain activities included in the Annual Action Plan are subject to the provisions of 24 CFR Part 58 (Environmental Review Procedures for the CDBG, HOME, HOPWA, and ESG Programs). Funds for such activities may not be obligated or expended unless HUD has approved the release of funds in writing. A request for the release of funds must be accompanied by an environmental certification. Grant No. GAH12F002 Official Contact Person: Chester Wheeler Telephone No.: (706) 821 -1797 FAX No.: (706) 821 -1784 Email No.: cwheeler @augustaga.gov Tax ID No.: 58- 22042724 Unit of Government ID No.: 073438418 Performance Grant Agreement HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS PERFORMANCE GRANT AGREEMENT FOR FISCAL YEAR 2012 This Performance Grant Agreement ( "Agreement ") is made by and between the United States Department of Housing and Urban Development ( "HUD ") and the City of Augusta, Georgia ( "Grantee "). 1. Background; Purpose This Agreement is authorized by the AIDS Housing Opportunity Act ( "Act "), 42 U.S.C. §§ 12901 et seq. Pursuant to the Act, HUD codified implementing regulations for the Housing Opportunities for Persons With AIDS ( "HOPWA ") program at 24 C.F.R. part 574 ( "Regulations "). The Regulations set forth the terms and conditions under which applicants can apply for and receive HOPWA grants. The Grantee has applied for, and HUD has approved, a HOPWA formula grant. The purpose of this Agreement is to set forth the terms and conditions under which HUD will provide funds to the Grantee. 2. Approved Grant Amount, Activities, and Uses of Funds By execution of this Agreement in the space provided below, HUD agrees, subject to the terms prescribed herein, to provide a HOPWA formula grant to the Grantee in the amount of $425,840 ( "Grant" or "Grant Funds "). Grant Funds shall be used to carry out activities set forth in the Act and Regulations, and more readily described in the Consolidated Plan that was prepared, submitted and approved in accordance with Consolidated Submission for Community Planning and Development Programs regulations at 24 C.F.R. part 91 ( "Approved Application "), as applicable to the HOPWA program. 3. Regulations; Approved Application This Agreement shall be governed and controlled by the Act, the Regulations, program directives, and any other applicable federal requirements, including those set forth in Executive Orders and Office of Management and Budget Circulars, as currently established and may be amended from time to time. The Approved Application, in addition to any certifications, assurances, information and documentation required to meet award conditions, are hereby incorporated into this Agreement. Unless the context otherwise requires, any reference to this Agreement shall be deemed to include the Act, the Regulations and the Approved Application. Whenever the terms of the Agreement, Approved Application or any other document used in connection with the Grant conflict with the terms provided herein, this Agreement shall control. requesting an amendment to this Agreement, the Grantee shall submit a letter of request to the address set forth in paragraph 10 and attach the proposed amendment(s) to the applicable page(s) of this Agreement. The effective date of any amendment to this Agreement shall be the date of execution by HUD. b. Amendments to the Grantee's approved Consolidated Plan shall comply with 24 C.F.R. § 91.505. c. The Grantee shall maintain all programmatic records, including, but not limited to, the Approved Application, amendments to the Approved Application, voucher requests, deposit and expenditure receipts, participant and activity eligibility records, and any other documents required under this award, in its files for a period of not less than four years. In the case of participant eligibility records, the Grantee shall update records no less than annually. Upon reasonable notice, the Grantee shall make records available for audit or inspection by authorized representatives of HUD. 8. Performance By execution of this Agreement in the space provided below, the Grantee agrees, and will ensure that Project Sponsors agree, to: a. Operate the program in accordance with the Approved Application, the Regulations and other program requirements; b. Conduct an ongoing assessment of the housing assistance and supportive services required by participants as identified in Individual Housing and Service Plans, including an annual assessment of their housing situation, a reevaluation of the appropriateness of rental subsidies or other support, and a report on annual results of program activities under the HOPWA client outcome goals for achieving stable housing, reducing risks of homelessness and improving access to healthcare and other support; c. Assure the adequate provision of supportive services to program participants, provided, however, that Grant Funds shall not be utilized for healthcare and related drug assistance when other amounts are available or designated by State or local governments; d. In the case of assistance involving substantial rehabilitation or acquisition, maintain the assisted structure as a facility to provide short - term - supported housing or assistance for a period of not less than ten years, and in the case of assistance involving nonsubstantial rehabilitation or repair, maintain the assisted structure as a facility to provide short -term supported housing or assistance for a period of not less than three years, a Declaration of Restrictive Covenant for which shall be recorded pursuant to state and local law; e. In the case of assistance involving assistance involving real property acquisition, dispose of such property in the manner provided for in 24 C.F.R. part 85; f. Comply with requirements established by the Office of Management and Budget (OMB) 3 11. Defaults and Remedies A default shall occur when the Grantee materially fails to comply with program requirements. A default may consist of using Grant Funds other than as authorized by this Agreement, noncompliance with statutory, regulatory, or other requirements applicable to this HOPWA award, any other material breach of this Agreement, or any material misrepresentation, which, if known to HUD, would have resulted in the Grant Funds not being provided. If the Grantee fails to comply with any term of this award, HUD may: a. Temporarily withhold further payments pending corrective action by the Grantee or Project Sponsor; b. Disallow all or part of the cost of an activity or action not in compliance; c. Wholly or partly suspend or terminate the current award for the Grantee's or Subgrantee's program; d. Withhold further awards for the HOPWA program; e. Reduce or recapture Grant Funds; f. Require the Grantee to reimburse program accounts with non - Federal funds for the amount of ineligible costs; or g. Take other appropriate action, including, but not limited to, any remedial action legally available, such as affirmative litigation seeking declaratory judgment, specific performance, damages, temporary or permanent injunctions and any other available remedies. Nothing in this paragraph shall limit any remedies otherwise available to HUD in the case of a default by the Grantee. No delay or omissions by HUD in exercising any right or remedy available to it under this Agreement shall impair any such right or remedy or constitute a waiver or acquiescence in any Grantee default. The Grant may be terminated for convenience when both parties agree that the continuation of the award would not produce beneficial results. 5