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«COMMUNITY DEVELOPMENT BLOCK GRANT COMPLIANCE POLICIES (Adopted September 16, 2014) (Updated November 18, 2014) Department of Library & Community Services T:\Departments\Library\Community ...»

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Presumed Benefit: Benefit a group of clientele that is presumed to be principally Low – and moderate income. Presumed benefit groups include abused children, battered spouses, severely disabled adults, homeless persons, illiterate adults, persons with AIDs, migrant farm workers, and elderly persons over 62-years-of-age.

Program Income: Program income is the gross income received by the City and its subrecipients directly generated from the use of CDBG funds.

Program Year: City of Hayward's Program Year begins July 1 and concludes June 30 of the following year.

Public Service Activity: Eligible public service activities including but not limited to those concerned with employment, crime prevention, child care, health, homelessness, drug abuse, education, fair housing counseling, energy conservation, and welfare. To be eligible for CDBG assistance, a public service must be either a new service or a quantifiable increase.

Public Services Cap: A maximum of 15 percent of the sum of the entitlement grant plus program income that is received during the program year may be spent on public service activities.

Resident: Unless otherwise distinguished by HUD or applicable statute, resident and citizen are used interchangeably.

Revolving Fund (RLF): A separate fund established to carryout eligible housing and/or economic development activities which generate program income. The fund reuses program income in making the same types of activities.

Section 3: Section 3 of the Housing and Urban Development (HUD) Act of 1968 established the Section 3 Program, which requires recipients of HUD financial assistance, to the greatest extent possible, provide job training, employment, and contract opportunities for low- or verylow income residents in connection with projects and activities in their neighborhoods.

Small Business: The U.S. Small Business Administration is responsible for defining small businesses. Small Businesses are commonly identified by 500 employees or less for manufacturing and mining industries and $7.5 million or less in average annual receipts for non-mining industries. However, there are a number of exceptions.

CDBG COMPLIANCE POLICIES

CITY OF HAYWARD Adopted September 2014 Statement/Scope of Work: An exhibit of the subrecipient agreement which must include the a project description, the national objective claimed, activity descriptions, intended beneficiaries (number and type), detailed budget and location(s) of program-related activity.

Subrecipient: An entity charged with implementation of one or more activities funded with Hayward CDBG dollars.

Subrecipient Agreement: A written agreement between the City of Hayward and the subrecipient that is required before CDBG funds are disbursed.

Substantial Amendment: An amendment to the Action Plan or the Consolidated Plan as required when 25 percent of the original award for an activity or plans to utilize funds under a different activity category are proposed.

Technical Assistance: Assistance to an entity by another entity more knowledgeable in the applicable subject field, resulting in increased capacity or knowledge of the assisted entity.

Timeliness: Carrying out CDBG-funded activities in a timely manner.

Timeliness Spending Test: A test conducted sixty days prior to the end of the current program year, to ensure that the amount of entitlement grant funds available to the City of Hayward under grant agreements but undisbursed by the U.S. Treasury is not more than 1.5 times the entitlement grant amount for the current program year.

Urgent Need: Activities designed to alleviate existing conditions of recent origin (18 months) that pose serious threats to the health and welfare of the community; this objective may only be used if the community cannot finance necessary activities with other sources Women’s Business Enterprise (WBE): A business concern that is at least 51% owned by one or more women and whose management and daily business operations are controlled by one or more of these owners.

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These policies are a combination of federal rules and local policies used to oversee the Community Development Block Grant Program (CDBG) for the City of Hayward. They reflect best practices and policies as set forth by the U.S. Department of Housing and Urban Development (HUD). These policies will be updated on an ongoing basis and shall always reflect a coordination of HUD’s National Objectives, Eligible Activities, and City Priorities.

HUD regulations, guidebooks, and manuals will supersede any future conflicting policies. The citation reference from Title 24 Code of Federal Regulations (CFR) Part 570 - Community Development Block Grants can be found in parentheses next to each heading below.

While there are many aspects that must be considered in selecting activities to assist under the CDBG program, there are six key steps a grant recipient should take in the early stages of the process of determining if CDBG funds may be used to assist a proposed activity.

1. Determine if the activity falls within a category of explicitly authorized activities in the CDBG statute. Generally, if an activity does not fall within a category of explicitly authorized activities in the statute, the activity is considered ineligible. HUD’s Guide to National Objectives and Eligible Activities describes all categories of basic eligibility that were authorized at the time of publication.





2. Determine if a proposed activity that appears not to be included in the statute’s list of eligible activities has actually been interpreted as eligible under the statute by the CDBG Eligible Activity regulations.

3. Determine if the proposed activity can meet one of the national objectives of the program, allotted by the eligible activity.

4. Ensure that carrying out the activity with CDBG funds will not result in the City’s certification that at least 70 percent of CDBG expenditures will be for activities that are considered to benefit L/M income persons over the one, two, or three consecutive program years specified by the grant recipient.

5. Review proposed costs of the activity to determine if they appear to be necessary and reasonable and will otherwise conform with the requirements of The Office of Management and Budget (OMB) Circulars A-87, “Cost Principles for State, Local, and Indian Tribal Governments,” A-122, “Cost Principles for Non-Profit Organizations,” ACost Principals for Educational Institutions,” 24 CFR Part 84, “Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations;” or 24 CFR Part 85,

CDBG COMPLIANCE POLICIES

CITY OF HAYWARD Adopted September 2014 ‘Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments”, as applicable.

6. Complete the environmental review and clearance procedures for the project of which the activity is a part. Law prohibits HUD from releasing funds for a CDBG activity until the grant recipient certifies that it has met its responsibilities with respect to environmental protection.

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Statutory Citations Section 101(c), Section 104(b)(3), 105(c) of the Act Challenge to presumption: The program rules state that an activity that meets the specified criteria for a national objective will be presumed to have met that objective. However, it should be noted that, although it is presumed that all CDBG-assisted activities may involve some benefit to LMI persons or households, the regulations provide that in any case where there is substantial evidence that an activity might not principally benefit LMI persons, even though the activity conforms to a literal reading of LMI Benefit criteria, the presumption that the activity meets the national objective may be rebutted by HUD.

In order to be considered eligible for funding, activities must meet one of three CDBG national objectives

1. Low & Moderate Income (LMI) Benefit Area Benefit: activities available for the benefit of all the residents in a particular area, where at least 51 percent of those residents are low-moderate income persons.

Limited Clientele: activities benefiting low-moderate income residents, as defined by annually established HUD income limits, or a specific group with Presumed Benefit (e.g. abused children, elderly persons, battered spouses) as indicated in 24 CFR 570.208(2)(a), at least 51 percent of whom are LMI persons.

Housing: activities carried out for the purpose of providing or improving permanent residential structures that, upon completion, will be occupied by LMI households.

Job Creation/Retention: activities designed to create or retain permanent jobs where at least 51 percent of the jobs involve the employment of LMI persons.

2. Slum & Blight Removal Area Basis: activities undertaken to eliminate specific conditions of blight, physical decay, or environmental contamination that are located in a designated area of distress, including acquisition, clearance, relocation, historic preservation, remediation of environmentally contaminated properties, or rehabilitation. Rehabilitation must

CDBG COMPLIANCE POLICIES

CITY OF HAYWARD Adopted September 2014 eliminate conditions that are detrimental to public health/safety; acquisition and relocation must be precursors to other activities that eliminate blight.

Spot Basis: activities undertaken to eliminate specific conditions of blight, physical decay, or environmental contamination at specific sites not located in designated blighted areas, including acquisition, clearance, relocation, historic preservation, remediation of environmentally contaminated properties, or rehabilitation.

Rehabilitation must eliminate conditions that are detrimental to public health/safety;

acquisition and relocation must be precursors to other activities that eliminate blight.

3. Urgent Need Activities designed to alleviate existing conditions of recent origin (18 months) that pose serious threats to the health and welfare of the community; this objective may only be used if the community cannot finance necessary activities with other sources.

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At least 70 percent of CDBG funds utilized during three consecutive program years, as specified by the grantee, must be expended for LMI benefit; the costs of planning and program administration are excluded from this calculation. (24 CFR 570.200(a)(3)) The amount of CDBG funds obligated for public service activities in each program year may not exceed 15 percent of the total entitlement grant for that program year, plus 15 percent of the program income received during the preceding program year. (24 CFR 570.201(e)(1)) The amount of CDBG funds obligated for planning and administration activities in each program year may not exceed 20 percent of the total entitlement grant for that program year plus the program income received during that program year. (24 CFR 570.200(g))

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Unless the funds are in a Revolving Fund (RLF), program income funds must be used before requesting additional drawdowns of entitlement funds.

The City may reuse any revenue generated from projects undertaken with CDBG funding towards any other eligible activities within the entitlement community. The City shall prioritize one-time City infrastructure projects for these funds. Furthermore, any program income earned by a subrecipient or City Program may be retained by the subrecipient or City Program provided the income is treated as additional CDBG funds and thus subject to all applicable federal and local requirements.

Program Income Defined: Program income is the gross income received by the City and its subrecipients directly generated from the use of CDBG funds.

Program income includes:

Proceeds from the sale or lease of property purchased or improved with CDBG funds;

Proceeds from the sale or lease of equipment purchased with CDBG funds;

Gross income from the use or rental of real or personal property acquired, constructed or improved by the City less costs incidental to the generation of income;

Payments of principal and interest on loans made using CDBG funds;

Proceeds from the sale of loans or obligations secured by loans made with CDBG funds;

Interest earned on an RLF pending its disposition;

Interest earned on program income;

Funds collected through special assessments on properties not owned and occupied by LMI households in order to recover the CDBG portion of a public improvement.

Subgrantee income from an ownership interest in a for-profit entity that was assisted with CDBG.

Program income does not include:

Any income received in a single year by the City’s subrecipients, that does not exceed $25,000; and Amounts generated by activities that are financed by a loan guaranteed under section 108 of the Act; and proceeds from fund raising activities carried out by subrecipients receiving CDBG assistance; and

CDBG COMPLIANCE POLICIES

CITY OF HAYWARD Adopted September 2014 funds collected through special assessments used to recover the non-CDBG portion of a public improvement; and proceeds from the disposition of real property acquired or improved with CDBG funds when the disposition occurs after the applicable time period specified in 24 CFR 570.503(b)(7)(i) for subrecipient-controlled property, or in 24 CFR 570.505 for recipient-controlled property.

Program income paid to the City is always program income and is not subject to the $25,000 exclusion and must be distributed under the method of distribution. The program income should be distributed, as feasible, prior to additional draws from Treasury.

Program income retained by the City is treated as additional CDBG funds subject to all CDBG requirements.

Program income that is held in a revolving fund does not have to be used before grant funds are drawn down for a different type of CDBG project. However, program income in a revolving fund must be used before additional grant funds are drawn down for revolving fund activities.

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OMB Circulars A-87 (state and local governments) and A-122 (nonprofits) provide basic guidelines for determining whether a cost is allowable.



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