§ 2-09 Grant Administration and Legal Guidelines.
RCNY § 2-09
(a)Grant agreement. If an applicant is awarded funds, the Department will prepare a grant agreement based on the project proposed in the application. An officer, director, or member of the applicant who has been granted signatory authority by the applicant’s bylaws or other valid corporate document must sign such grant agreement to receive such funds. The grant agreement must specify that an applicant receiving CDF funds shall: (1) Comply with all pertinent New York city, New York state, and federal laws, including the Americans with Disabilities Act, New York state human rights law, and New York city human rights law; (2) Maintain appropriate insurance, as required by the Department and described in the guidelines; and (3) Credit the Department’s support in all programs, brochures, flyers, posters, announcements, or similar printed or electronic matter relating to projects funded by the Department.
(b)Conflicts of interest. A CDF grant award may be rescinded at the sole discretion of the Department because of an actual conflict of interest or to avoid the perception of a conflict of interest. An applicant may appeal the recission of an award in accordance with subdivision (d) of this section.
(c)Payment.
(1)An applicant’s grant agreement must include a payment schedule that is based on the services provided and associated costs.
(2)Funds will not be available until after the adoption of the city’s budget for the fiscal year for which the applicant has applied. Notification of final award amounts will be sent after the start of the grant period.
(3)Final payment is contingent on submission and Department approval of a final report demonstrating that the project was completed. Such final report must be submitted on a form provided by the Department. If modifications to the city budget require the reductions of awards, such reductions may be taken against any outstanding payments. Final payment is also contingent upon completion of any other reporting required by the grant agreement. Applicants that do not comply with such reporting by the deadlines required by the Department may have their award rescinded and be ineligible for future funding, as described in paragraph (11) of subdivision (b) of 58 RCNY § 2-02. An applicant may appeal the recission of an award in accordance with subdivision (d) of this section.
(4)While applicants must apply for project-related public services (rather than general operating support), funds received can be allocated to any project-related operating costs of the grantee organization (such as staff salaries, space rentals, etc.) other than capital expenditures, fundraisers, or government advocacy efforts, provided the projected services have been delivered as described.
(d)Appeal of denial of a baseline award. If an applicant does not receive a baseline award, such applicant may appeal such determination only on the following grounds: misrepresentation or nonpresentation of information about the applicant or the application by or to the panel; evaluation by a panelist who failed to disclose a conflict of interest; or where review of such application was inconsistent with the guidelines. Within 21 days of receipt of a notification letter from the Department, which includes the determination of the applicant’s CDF award, an applicant may request a feedback call with the Department, after which the Department will provide a form through which they can appeal such baseline award determination. Applicants must submit an appeal within 14 days of receipt of such appeal form. The Commissioner will determine any such appeal within 60 days. Such determination will be a final agency determination.
(e)Termination or rescission of grant. The Department may terminate or rescind a grant, or part thereof, if it finds that the grantee has failed to comply with this chapter, the guidelines, or the grant agreement, or where termination or rescission is otherwise permitted by the grant agreement. The Department will provide notice to the grantee of its determination to terminate or rescind a grant, specifying the grounds for termination or rescission and the basis for such determination. Except when a termination or rescission results from a modification of the City budget that requires the Department to reduce awards, the grantee may submit a letter contesting such determination, with any necessary documentation, exhibits, or attachments, within 30 days of such notice. The Commissioner will, within 30 days of receipt of such letter from the grantee, issue a final determination upholding or withdrawing such termination or rescission.
(f)Grantee evaluation.
