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Agenda - Council - 09/13/2022
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Agenda - Council - 09/13/2022
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3/14/2025 2:38:06 PM
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9/27/2022 9:03:19 AM
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council
Document Date
09/13/2022
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acting as subrecipient could include, but is not limited to, a nonprofit as that term is defined in <br />paragraph (17) of section 401 of the McKinney-Vento Homeless Assistance.232 See section <br />Distinguishing Subrecipients versus Beneficiaries for further information. Additional guidance <br />on determining subrecipient status may be found in the Uniform Guidance.233 <br />Recipients may transfer funds to subrecipients in several ways, including advance <br />payments and on a reimbursement basis. Ultimately, recipients must comply with the eligible use <br />requirements and any other applicable laws or requirements and are responsible for the actions of <br />their subrecipients or beneficiaries. <br />As part of accepting the Award Terms and Conditions for SLFRF, each recipient agreed <br />to maintain a conflict -of -interest policy consistent with 2 C.F.R. § 200.318(c) that is applicable <br />to all activities funded with the SLFRF award. Pursuant to this requirement, decisions <br />concerning SLFRF funds must be free of undisclosed personal or organizational conflicts of <br />interest, both in fact and in appearance. Recipients may avoid conflicts of interest in providing <br />assistance to nonprofits or making subrecipient awards by, inter alia, making aid available to <br />nonprofits on generally applicable terms or utilizing a competitive grant process, respectively. A <br />recipient may not use control over SLFRF funds for their own private gain. Furthermore, no <br />employee, officer, or agent may participate in the selection, award, or administration of a <br />contract supported by a federal award if he or she has a real or apparent conflict of interest. <br />Public Comment: Definition of Nonprofit: Treasury also received several requests to <br />expand the definition of nonprofits so that other tax-exempt entities (e.g., 501(c)(7)s, 501(c)(9)s, <br />232 See sections 602(c)(3) and 603(c)(3) of the Social Security Act. Section 401 of the McKinney-Vento Homeless <br />Assistance Act (42 U.S.C. § 11360(17) defines a "private nonprofit organization" to mean an organization "(A) no <br />part of the net earnings of which inures to the benefit of any member, founder, contributor, or individual; (B) that <br />has a voluntary board; (C) that has an accounting system, or has designated a fiscal agent in accordance with <br />requirements established by the Secretary; and (D) that practices nondiscrimination in the provision of assistance." <br />159 <br />
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