«COMMUNITY DEVELOPMENT BLOCK GRANT COMPLIANCE POLICIES (Adopted September 16, 2014) (Updated November 18, 2014) Department of Library & Community Services T:\Departments\Library\Community ...»
activities or in the proceeds of the activities. Specific provisions include that:
CDBG COMPLIANCE POLICIESCITY OF HAYWARD Adopted September 2014
• This requirement applies to any person who is an employee, agent, consultant, officer, or elected or appointed official of the grantee, a designated public agency, or a subrecipient, and to their immediate family members, and business partner(s).
• The requirement applies for such persons during their tenure and for a period of 1 year after leaving the grantee or subrecipient organization.
• Upon written request, exceptions may be granted by HUD on a case-by-case basis, after consideration of the cumulative effect of various factors listed at 24 CFR 570.611(d), and only with: (a) full disclosure of the potential conflict, and (b) a legal opinion of the grantee’s attorney that there would be no violation of state or local laws in granting the exception. (Exceptions cannot be made retroactively.)
CDBG COMPLIANCE POLICIES
CDBG COMPLIANCE POLICIESCITY OF HAYWARD Adopted September 2014 Notification of Illegal Acts or Irregularities All City of Hayward personnel and subrecipients are responsible for immediately notifying the Community Services Manager and the Director of Library and Community Services of any illegal acts or irregularities associated with the CDBG program by recipient or subrecipient staff. It shall be required that staff conduct an investigation of written allegations and if found to be true or unverifiable, HUD shall be notified and staff shall request guidance as to follow-up action. In the event that staff is conducting illegal acts or irregularities, HUD should be immediately notified at (415) 489-6597.
These local guidelines expand on and clarify how the national guidelines are applied to the City of Hayward’s CDBG Program, which has operated since 1975 as an entitlement grantee. The Housing and Community Development Act of 1974 makes funds available to qualified cities to develop of viable urban communities, by providing decent housing and a suitable living environment and expanding economic opportunities. The exact amount of CDBG funding allocated to the City is based on a formula that incorporates several urban characteristics including population, age and condition of the City’s housing stock, demographics, and incidence of poverty.
Local program guidelines are intended to guide City staff in program implementation and provide a framework for operating the program in compliance with federal statutes, best practices, and local policies. These guidelines are elastic to allow for expansion and contraction of policies as activities, community needs, interpretations, guidance, and statutes change and/or as clarification is required.
CDBG COMPLIANCE POLICIESCITY OF HAYWARD Adopted September 2014 Program Oversight The City Council, composed of six Council Members and one Mayor, serves as the governing body to authorize and approve CDBG program activities in the City of Hayward. Executive authority for the execution of CDBG contractual agreements and expenditure of CDBG funds rests with the City Manager, as authorized by the City Council.
CDBG program administration is provided by the Department of Library and Community Services. The Director of Library and Community Services and/or their designee shall make presentations and provide recommendations to the City Council regarding the CDBG program.
The Community Services Commission serves as the citizen advisory body to the CDBG program, in fulfillment of Citizen Participation Plan.
The Director of Library and Community Services may propose one-time CDBG-eligible City infrastructure projects to the City Manager for previously allocated but unspent CDBG funding.
The City Manager may bring such one-time projects directly to the City Council for authorization as deemed necessary and appropriate for the timely expenditure of CDBG funds.
All public hearings are reasonably noticed as required by 24 CFR 570.486(a), with a minimum 14-day Public Hearing Notice.
The City of Hayward's Program Year begins July 1 and concludes June 30 of the following year. Each program year, administration, audit and fair housing costs will be subtracted from the annual entitlement award amount to determine the adjusted award. The adjusted award will first be available to City of Hayward Departments/Programs/ component units that wish to undertake projects. After the City allocation process is complete, any remaining funds may be allocated to eligible community partner and public services applicants at the discretion of the Council. The City of Hayward may from time to time exercise the option to use a two or three year Funding Cycle in conjunction with a multi-year budget if the time frame fits within the Consolidated Plan.
The Community Services Commission will begin its funding process in the fall. This includes a call for applications, review of applications, interviews, and then funding deliberations.
City Program Allocation Process City of Hayward Departments will have the opportunity to submit CDBG funding proposals for activities. Priority will be given to Housing Rehabilitation, Neighborhood Services, and Economic Development. All City proposals will include information relating to goals, outputs, budget/financing, detailed activity descriptions, capacity and performance. Community Services staff, per HUD rules and regulations, will perform an administrative review of each
proposal to ensure that:
Proposed activities are included within the listing of eligible activities (24.CFR.570.201) Proposed activities do not fall within a category of explicitly ineligible activities (24.CFR.570.207) Proposed activities will meet one of the national objectives of the program (24.CFR.570.200), allotted by the eligible activity.
Proposed activities will address priority needs as identified in the Consolidated Plan Upon completion of the administrative review, the proposals will be presented to the Community Services Commission for review, with funding amounts previously determined.
These proposals will be submitted to the City Council in conjunction with the Commission's recommended Adjusted Award Allocations.
CDBG COMPLIANCE POLICIESCITY OF HAYWARD Adopted September 2014 Subrecipient Allocation Process The subrecipient application process will begin after staff’s administrative review of proposals and determination of funding amounts for city programs and end with recommended allocations being announced. Applications will be made available for approximately one month and be received online. All applications must be received by the announced deadline; no exceptions will be made. Department of Library and Community Services staff will perform an administrative review of each proposal, per HUD rules and regulations, to ensure the standards listed in 24.CFR.570, will be met if proposed activities are funded, and that entities are eligible recipients.
Upon completion of the administrative review, the applications will be presented to the Community Services Commission which will review and make funding recommendations for each subrecipient proposal. Department of Library and Community Services staff will make separate recommendations to City Council in conjunction with the Commission's recommendations.
The Community Services Manager will facilitate meetings with this Commission to offer guidance on evaluation and analysis of currently funded CDBG activities. Commission members will have the opportunity to sign up to serve on categorical Application Review Committees (ARCs) to conduct applicant interviews. Commissioners will be presented with an overview of the federal CDBG Program, a summary of each proposal, and an explanation of the proposal process. Following the interviews, recommendations by each ARC will be made to the Commission. The entire Commission will deliberate the recommendations of each ARC, comments will be collected by Department of Library and Community Services staff who will compile all results. A subsequent meeting of the Commission, as calendared, will be held to finalize funding recommendations based on Commission deliberations, community needs and funding availability.
In completing their funding recommendation, the Commission will utilize an estimated CDBG entitlement award dollar amount, which will be calculated based on past awards and available information on HUD's future funding strategies. The Commission's recommendations will be presented to City Council in a work session and a public hearing. All public hearings are reasonably noticed as required by 24 CFR 570.486(a), with a minimum 14-day Public Hearing Notice. City Council-approved recommended CDBG allocations will be announced by May.
Estimated vs. Actual Entitlement Award
If there is any differential between the estimated award presented during the application process and the actual award as announced by HUD, the Director of Library and Community Services shall make a determination for administratively resolving any differential.
CDBG COMPLIANCE POLICIESCITY OF HAYWARD Adopted September 2014 Agreement/Memorandum of Understanding Subrecipients of CDBG funds must enter into a subrecipient agreement with the City of Hayward. Written agreements are required before any CDBG funds will be disbursed. This subrecipient agreement serves as a formal contract addressing the various policies outlined in this document, in addition to contract amount/term, reimbursement requests, quarterly reporting, monitoring, financial management guidelines, uniform administrative requirements, suspension and termination, reversion of assets, conflict of interest, and additional federal standards, including lead-based paint regulations and the Davis Bacon Act. Furthermore, each City Program receiving CDBG funds must sign a Memorandum of Understanding (MOU) indicating an understanding of the items above.
Statement/Scope of Work
All subrecipients and City Programs shall submit a concise Statement/Scope of Work that illustrates an implementation plan for their CDBG activity. This Statement, which will be attached to the subrecipient agreement/MOU includes: national objective claimed, activity descriptions, intended beneficiaries (number and type), detailed budget and location(s) of program-related activity.
All subrecipients and City Programs are required to submit Quarterly Activity Reports by the 15th of the month following the end of each quarter. If said reports are not received by the requested date, future payments will be withheld, and entities will not be recommended for future funding. In the instance that reports are not being submitted correctly, or in a timely manner, a subrecipient or City Program may be called to address the Community Services Commission on reasoning behind the tardiness.
CDBG COMPLIANCE POLICIESCITY OF HAYWARD Adopted September 2014 Examination of Records/Monitoring The subrecipient and City Program shall maintain records (including books, documentation and other evidence) pertaining to the costs of carrying out their activity to the extent of detail that will adequately reflect net costs, direct and indirect labor, materials, equipment, supplies/services, and other expenses. Authorized representatives of the City or HUD shall have access to subrecipient and City Program records at reasonable times of the business day for inspection, audit or reproduction. Subrecipients and City Programs must make these records available throughout the program year and four years after it expires. Furthermore, Department of Library and Community Services staff may schedule monitoring visits with the subrecipient to evaluate the progress/performance of the program and provide technical assistance. Staff may also conduct monitoring reviews of a subrecipient at any time, without prior notification.
Subrecipients that receive CDBG funds for multiple consecutive program years are subject to on-site monitoring reviews every two years, at minimum.
CDBG COMPLIANCE POLICIESCITY OF HAYWARD Adopted September 2014 Procurement The HUD Procurement Policy found in 24 CFR Part 84 and 85 applies to all CDBG activities, including both City Programs and subrecipients that involve the purchase of equipment, materials, supplies and/or services. A copy of this policy will be distributed to all subrecipients.
City Programs and subrecipients are encouraged to make positive efforts to use small businesses, minority-owned firms (MBE), and women's business enterprises (WBE) in procuring services of all types. It is not required that program participants use MBE/WBE financial institutions, but it is encouraged.
City Programs and subrecipients are encouraged to make positive efforts to use Section 3 businesses in procuring services of all types. Good faith efforts must be documented for all construction projects. Section 3 of the Housing and Urban Development Act of 1968 is designed to increase local job opportunities for low income individuals.
The following limits expand upon federal categorical limits associated with the CDBG
At least 70 percent of CDBG funds utilized during a single program year must be expended for LMI benefit; this excludes planning/CDBG administration activities.
The amount of CDBG funds obligated for public service activities shall be based on HUD guidelines.