CC SR 20200901 05 - CDBG Funding Options
CITY COUNCIL MEETING DATE: 09/01/2020
AGENDA REPORT AGENDA HEADING: Regular Business
AGENDA TITLE:
Consideration and possible action to review Community Development Block Grant
(CDBG) program alternatives.
RECOMMENDED COUNCIL ACTION:
(1) Consider other CDBG program/project alternatives that benefit the public,
particularly seniors and persons with disabilities, and if acceptable, provide
direction to staff on what alternative programs should be included for the next
CDBG grant cycle (FY 2021-22); and,
(2) Provide staff direction on programs to be funded by the CDBG -CV allocated to
the City through the CARES Act.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Lauren Ramezani, Senior Administrative Analyst
REVIEWED BY: Ron Dragoo, PE, Principal Engineer
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. April 7, 2020 LACDA Grants Management Unit Bulletin (page A-1)
B. Fact Sheet on federal CDBG-CV Act (CDBG-CV) grant funds (page B-1)
BACKGROUND AND DISCUSSION:
The City has participated in the Los Angeles Urban County’s CDBG program since
1986. The Los Angeles County Development Authority (LACDA) administers the
program, which was established by the U.S. Department of Housing and Urban
Development (HUD) to fund local community development projects, which principally
benefit persons of low and moderate-income levels and/or aid in the prevention of
blighted conditions in the communities. The goal of these projects is to meet the HUD
program objectives to provide housing, economic, and community development
opportunities.
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CDBG Grant
The City’s demographics and the relatively small annual allocation of CDBG funds of
approximately $150,000 a year precludes the application of these funds toward larger -
scale community development projects or projects that eliminate blighted conditions.
Therefore, in recent years, the City’s most prudent use of these funds has been for the
construction of Americans with Disabilities Act (ADA) accessibility ramps at various
intersections throughout the City. The ramps provide public access opportunities for
elderly and disabled members of the community.
At a public hearing held every year, Staff presents its CDBG annual funding allocation
recommendation to the City Council. On December 17, 2019, the City Council directed
Staff to return at a future meeting and present other viable alternatives for the use of
CDBG grant funds, including programs for seniors. The purpose of this staff report is to
allow the City Council time to consider other CDBG program/project alternatives that
benefit the public, particularly seniors and persons with disabilities, and provide
direction to staff for the next grant cycle. The tentative public hearing date to present
the CDBG allocation for the Fiscal Year 2021-22 funds will be in December 2020. The
due date to submit to LACDA is February 1, 2021.
I. Proposed CDBG Public Service Programs Benefitting Seniors and Persons with
Disabilities
CDBG funds can be used to support public service programs, such as seniors or
persons with disabilities. Until recently, there was a cap of 15% of total grant funds that
could go toward public services programs. Therefore, the maximum allowable CDBG
grant funding for a program tailored to seniors or persons with disabilities would have
been capped at approximately $22,500 per year. For ADA-related improvements, all the
CDBG annual allocation of $150,000 is eligible. If a senior program was funded, the
balance of 85% of the grant funds is eligible. Staff was notified that with the onset of
COVID-19, the 15% cap is temporarily removed. Therefore, starting immediately, public
service programs are now eligible for 100% of the annual grant allocation. Although the
end date of the cap removal is not determined yet, it is hoped that this flexibility would
continue for 1-2 years.
In light of City Council’s directive last year to identify other viable CDBG eligible
programs, staff contacted the City’s CDBG consultant, Michael Baker International,
and community organizations. Below are some CDBG eligible public service
programs for the City Council’s consideration:
1) Develop a Rancho Palos Verdes Aging and Persons with Disabilities Program:
Utilizing CDBG funds, the City can develop, with the help of a consultant, a new
program targeting services for Rancho Palos Verdes seniors and persons with
disabilities. This program could provide wellness checks, meal delivery,
assistance with flu shots and medical well-being, health fairs (when not in a
pandemic), enrichment classes, and development programs, etc. to seniors
and persons with disabilities residing in the City. If such a program is of interest
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to the City Council, staff will research and bring back its findings and
recommendations for the City Council’s consideration at a later date.
2) Fund Meals on Wheels (MOW) Programs: Meal costs offered through the
MOW programs are CDBG eligible. Below are two local options:
a. The nonprofit San Pedro MOW delivers fresh and cold meals to an average
of 60 homes per day, which currently includes five homes a day in the City.
Each daily meal (lunch and dinner) costs $10; however, the customer pays
$7.50. Donations received by MOW cover the remaining $2.50 of the costs,
which includes overhead, salary and insurance. The San Pedro MOW has
informed staff that it has the capability to serve up to 120 meals per day,
and is eager to expand its services to more households in the City.
b. The Redondo Beach MOW, associated with the Salvation Army, has some
customers on the Peninsula, including 10-15 residing in the City. The cost of
each meal (lunch or dinner) for the customer is $5.50 each. One days’
worth of meals (both lunch and dinner) would cost $11 per customer.
3) Fund Peninsula Seniors Zoom Program: Due to the pandemic, the nonprofit
Peninsula Seniors has no in-person classes or activities; they are all conducted
virtually through the Zoom platform. Zoom subscription costs incurred by
seniors are the only CDBG eligible programs.
4) Fund PVP Village Zoom Program: Due to the pandemic, the nonprofit Palos
Verdes Peninsula Village has no in-person classes or activities; they are all
conducted virtually through the Zoom platform. Zoom subscription costs
incurred by seniors are CDBG eligible.
Staff requests direction on which, if any, alternative programs listed above (individual
or any combination thereof) the City Council would like to consider funding through
the CDBG grant funding for FY 2021-22. It should be noted that since the December
2019 City Council meeting, the federal government’s financial response to COVID-19
now allocates additional funds that can support social programs (seniors, etc.) without
competing with funds for physical construction projects (ADA Ramps), as described in
the next section.
II. CDBG-CV Act Funds
On March 27, 2020, the CARES Act was signed into law, which includes $5 billion in
additional CDBG funding to prevent, prepare for, and respond to the COVID-19
pandemic. On April 7, 2020, LACDA notified the City that an additional amount of
$86,499 in federal CDBG-CV Act (CDBG-CV) grant funds are now available to the City
in response to COVID-19. These funds are available now and are specifically allocated
towards the following:
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Seniors (55 or older)
Persons with Disabilities
Income Eligible Individuals
The City can apply for these funds following a five-day public notice/comment period.
Furthermore, the public hearing requirement has been waived to make acce ss to funds
faster and easier.
The funds must be used to cover or reimburse costs to prevent , prepare for, and
respond to Coronavirus when those costs comply with the CDBG requirements. A
summary of appropriate uses of CDBG-CV funds is attached (Attachment A). Based
on information staff gleaned from conversations with its consultant, Michael Baker
International, neighboring cities, and local organizations, the following is a list of
programs that are COVID-19 related and can be funded utilizing CDBG-CV for the
City Council’s consideration:
1) Fund Zoom Subscriptions for Senior Groups – The Peninsula Seniors and
PVP Village currently conduct classes and activities for its members through
the Zoom platform because of COVID-19. CDBG-CV funds can be used to
offset the Zoom subscription costs for these two non-profit organizations. The
cost of Peninsula Seniors is approximately $500/year, and the PVP Village is
approximately $125/year.
2) Fund Meals on Wheels (MOW) Programs: Meal costs offered through the
MOW programs are CDBG-CV eligible.
3) Purchase PPE - The City could assemble a “care package” for that includes
PPE items including reusable cloth face coverings, disposable gloves, hand
sanitizer, individually wrapped toilet paper, resources guide, and uplifting notes.
4) Provide COVID-19 Testing Kits - This program could provide COVID-19 testing
kits to the three listed eligible individuals.
5) Provide small business assistance grants – CDBG-CV funding could be used to
retain and/or hire income eligible employees for small businesses.
6) Provide short-term rental assistance – CBDG-CV funding can provide rental
assistance for a period that does not exceed 3 months to income eligible
individuals.
In addition to the above, the CDBG-CV could also be used to fund in part or in whole,
the development of a Rancho Palos Verdes Aging and Persons with Disabilities
Program, as discussed in the previous section.
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CONCLUSION:
The City uses CDBG funds to cover costs associated with constructing ADA -access
ramps, and based on City Council direction in December 2019, staff is exploring
alternative social programs that could be funded. In light of COVID -19, the social
programs that could be funded through CDBG can now be funded utilizing the CARES
Act CDBG-CV funds. To that point, the CARES Act also requires CDBG-CV grantees to
prevent the duplication of benefits, which means grant funds may not be used to pay
costs if another source of financial assistance is available to pay that cost. Thus, Staff
seeks City Council direction on what COVID-19 related programs to fund utilizing
CDBG-CV grant money.
ALTERNATIVES:
In addition to the Staff recommendations, the following alternative actions are available
for the City Council’s consideration:
1. Direct Staff to conduct further research on one or more eligible CDBG-CV
and/or CDBG programs not mentioned, and return to the City Council.
2. Take other action, as deemed appropriate.
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CDBG-CV COVID-19 Fact Sheet
Updated: July 10, 2020
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This fact sheet provides information to Community Development Block Grant (CDBG) and
CDBG CARES Act (CDBG-CV) grantees on using grant funds and related flexibilities provided
by the CARES Act as communities work to prevent and respond to the spread of COVID-19.
FAQs
Use of CDBG and CDBG-CV Grant Funds for COVID-19 Recovery
CARES Act and CDBG General Information
Q1: Where do I find the CARES Act? When was it enacted?
A: The CARES Act, PL 116-136, was signed by President Trump on March 27, 2020. It
is available online at : https://www.congress.gov/bill/116th-congress/house-bill/748, and
the section dealing with CDBG can be found under the subheading “Community
Development Fund.”
Q2: Where can I find the CDBG regulations?
A: The regulations can be found at the following websites:
For entitlements, States, and insular areas:
https://www.hud.gov/program_offices/comm_planning/communitydevelopment
For the Consolidated Plan:
https://www.hudexchange.info/program_offices/comm_planning/consolidatedplan
Q3: How do I explain CDBG to local officials and citizens who do not know much about
it?
A: Resources can be found at the following websites:
Explore CDBG: https://www.hudexchange.info/programs/cdbg/cdbg-ta-
products/#all-products
Public Services video: https://www.hudexchange.info/programs/cdbg/public-
services/
Public facilities video: https://www.hudexchange.info/programs/cdbg/public-
facilities-and-improvements/
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Q4: Is there a basic guide to CDBG that isn’t a regulation?
A: Yes, HUD and HUD’s Technical Assistance providers have developed resources for
grantees. These include:
Basically CDBG for Entitlements:
https://www.hudexchange.info/resource/19/basically-cdbg-training-guidebook-
and-slides/
Basically CDBG for States:
https://www.hudexchange.info/resource/269/basically-cdbg-for-states/
The Guide to National Objectives and Eligible Activities for Entitlement
Communities:
https://www.hudexchange.info/resource/89/community-development-block-grant-
program-cdbg-guide-to-national-objectives-and-eligible-activities-for-entitlement-
communities/
The Guide to National Objectives and Eligible Activities for State CDBG
Programs:
https://www.hudexchange.info/resource/2179/guide-national-objectives-eligible-
activities-state-cdbg-programs/
Q5: Where can I find contact information for a CDBG grantee?
A: Grantee contact information is available on the HUD Exchange at:
https://www.hudexchange.info/grantees/
Q6: Does HUD have any ideas for how CDBG can help with pandemic response,
prevention, or preparation?
A: HUD issued a Quick Guide to CDBG Eligible Activities to Support Coronavirus and
Other Infectious Disease Response. You can find it on the HUD Exchange here:
https://www.hudexchange.info/news/hud-publishes-a-cdbg-quick-guide-to-support-
infectious-disease-response/
Duplication of Benefits
Q7: What is a duplication of benefits?
A: A duplication of benefits occurs when a person, household, business, government, or
other entity receives financial assistance from multiple sources for the same purpose, and
the total assistance received for that purpose is more than the total need for assistance.
The CARES Act provides that the Secretary shall ensure there are adequate procedures in
place to prevent any duplication of benefits as required by section 312 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5155) and in
accordance with section 1210 of the Disaster Recovery Reform Act of 2018 (division D
of Public Law 115–254; 132 Stat. 3442), which amended section 312 of the Robert T.
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Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5155). HUD will
require each grantee to have procedures in place to prevent the duplication of benefits
when it provides financial assistance with CDBG-CV funds. Grant funds may not be
used to pay for a particular cost if another source of financial assistance is available to
fully pay for that same cost.
Q8: We are hearing HUD representatives say that HUD stresses that CDBG-CV funds
should not be used in a way that duplicates other resources. Is that an accurate
representation of HUD's guidance? Would it be fair to read that as a caution against
applying these funds to uses supported by the rest of the CARES Act?
A: CDBG-CV grantees must have policies and procedures in place to prevent duplication
of benefits with Stafford Act and other CARES Act programs. This means that grantees
may not use CDBG-CV funds for costs already fully covered by other programs. Many
other programs are providing similar advice. HUD is not cautioning grantees to avoid the
same uses as other CARES Act programs if unmet need exists and the use is CDBG-CV
eligible. Rather, HUD is advising grantees to be strategic in selecting program designs
that best align funding sources with local needs.
Practically, CDBG-CV funds cannot be used to pay for eligible costs that have already
been paid for, or will be paid for, by another Federal program, insurance, or other
sources. If this occurs, the grantee must repay its CDBG-CV grant. (This does not
include the reimbursement of costs previously incurred by the grantee as authorized
under the CARES Act.)
A grantee must check to see that subrecipients, assisted individuals or families,
businesses, and other entities that receive CDBG-CV assistance have not previously
received, or will not receive, duplicative assistance from another source before CDBG-
CV assistance is provided. This duplication of benefits analysis may be accomplished in
various ways including by requiring these entities or beneficiaries to provide a self-
certification indicating that they have not received a duplicative benefit, requiring them to
fill out a questionnaire listing potentially duplicative assistance that they have already
received, or reasonably anticipate receiving, and through other means. The grantee must
do this duplication of benefits analysis before providing CDBG-CV assistance and should
only pay for unmet needs/needs not met by other sources of assistance. The grantee must
also require that if a subgrantee, individual or family, business, or other entity
subsequently receives a duplicative benefit, it agrees to repay the grantee.
A CDBG-CV grantee may permit payment of a cost that will be or is likely to be paid by
another source in the future if the person or entity receiving the assistance enters an
agreement to repay the CDBG-DR funds when the other source of assistance is received.
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Q9a: What is another option to complete a duplication of benefits analysis at a project or
activity level?
When assistance is provided to entities for CDBG activities, including activities that are
part of a larger project, a grantee may complete a duplication of benefits analysis by
developing an overall budget for COVID-19 preparation, prevention and response that
demonstrates the funding need for the activity and the funding reasonably anticipated.
(HUD has described this on stakeholder webinars as being similar in many ways to a
“sources and uses” analysis for a housing or economic development project.) This budget
should include all Federal and non-Federal funding, including in-kind donations. If the
budget shows that the need is greater than the funding sources, there is no duplication of
benefits.
The recipient must do this duplication of benefits analysis before providing CDBG-CV
assistance and may only pay for unmet needs/needs not met by other sources of
assistance.
When assistance is provided to individuals, the duplication of benefits analysis must
examine other sources the person has or will receive for the same purpose (i.e.cost).
Q9b: How can a grantee prevent a duplication of benefits?
A: A grantee can prevent duplication of benefits by having an awareness of other
assistance that its community may receive for COVID-19 prevention, preparation and
response and designing its CDBG-CV program and activities to target unmet needs.
Q10: What happens if there is a duplication of benefits?
A: HUD will require the grantee to repay the CDBG-CV grant with non-Federal funds.
CARES Act and Program Implementation
Q11: What are the CDBG program flexibilities available under the CARES Act?
A: HUD published guidance on CARES Act Flexibilities for CDBG Funds Used to
Support Coronavirus Response. The document is available here:
https://files.hudexchange.info/resources/documents/CARES-Act-Flexibilities-CDBG-
Funds-Used-Support-Coronavirus-Response.pdf
Q12: The CARES Act suspended the public services limitation for what purpose and
which grants?
A: Pursuant to the CARES Act, the public services cap in section 105(a)(8) (42 U.S.C.
5305(a)(8)) and 24 CFR 570.201(e) does not apply to CDBG-CV grants, or to FY 2019
and 2020 CDBG grant funds used to prevent, prepare for and respond to coronavirus.
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Q13: Is emergency rental assistance eligible under CDBG?
A: Yes, with limits. First, other assistance may be available for this purpose from the
Emergency Solutions Grant (ESG) program, or under other Federal or State emergency
programs, so a grantee must be alert for possible duplication of benefits in program
design and execution.
In terms of eligibility, CDBG funds may not be used for income payments, which are not
included among eligible activities in section 105(a) of the Housing and Community
Development Act of 1974 for States, and which are expressly prohibited by 24 CFR
570.207(b)(4) in the Entitlement CDBG Regulations. Income payments mean a series of
subsistence-type grant payments made to an individual or family for items such as food,
clothing, housing (rent or mortgage) or utilities. The definition of income payments
excludes emergency payments made over a period of up to three consecutive months to
the provider of such items or services on behalf of an individual or family. Such
emergency payments are eligible as a public service.
Q14: Can I use the Urgent Need national objective?
A: Yes, to some extent. At least 70 percent of CDBG-CV funds must assist activities that
meet the Low- and Moderate-Income national objective. The remaining 30 percent may
be used for activities that meet either the Urgent Need national objective or the Slums
and Blight national objective.
To meet the urgent need national objective criteria at 24 CFR 570.208(c), the Entitlement
CDBG program requires a recipient to certify that the activity is designed to alleviate
existing conditions which pose a serious and immediate threat to the health and welfare
of the community which are of recent origin or recently became urgent, that the recipient
is unable to finance the activity on its own, and that other sources of funds are not
available. In the State CDBG program, the criteria at 24 CFR 570.483(d) require that the
local government provides this certification and the State makes the determination of the
same.
Q15: How do I add CDBG-CV to my Action Plan and submit to HUD?
A: A grantee may amend its FY2019 plan (or its FY2020 plan) to include the CDBG-
CV, ESG-CV, and HOPWA-CV funding. This means that a grantee that has not yet
submitted its FY 2020 plan does not need to expedite its FY2020 plan submission to
receive its CARES Act funding; instead, the grantee may make a substantial amendment
to the FY 2019 Action Plan. The FY 2020 annual action plan is still required to be
submitted for the FY 2020 formula programs, including CDBG.
A grantee that has submitted a FY 2020 annual action plan to HUD that was marked
“review completed” in IDIS or not disapproved within 45 days, must amend its FY 2020
plan to include CARES Act funding. Other grantees may include CARES Act funding in
either a substantial amendment to the FY2019 plan or an original FY 2020 plan
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submission. Grantees are encouraged to choose the most expeditious option given
individual circumstances.
HUD has issued waivers to permit grantees to prepare substantial amendments to their
most recent annual action plan, including their 2019 annual action plan. The substantial
amendments must identify the proposed use of all funds and how the funds will be used
to prevent, prepare for, and respond to coronavirus. The waivers require grantees to
submit the following to HUD: the substantial amendment describing the use of CDBG-
CV funds, a SF-424, SF-424D, and the certifications at 24 CFR 91.225(a) and (b) or 24
CFR 91.325(a) and (b).
Q16: Will HUD expedite reviews?
A: Yes, normally, HUD reviews Consolidated Plans and Action Plans within 45 days.
For CDBG-CV, HUD plans to expedite reviews.
Q17: The CARES Act says grantees may reimburse for coronavirus preparation, response,
and prevention costs. How will that work?
A: The CARES Act provides that CDBG-CV funds may be used to cover or reimburse
allowable costs of activities to prevent, prepare for, and respond to coronavirus incurred
by a State or locality regardless of the date on which such costs were incurred. Grantees
may also pay costs in accordance with pre-agreement cost authority under 24 CFR
570.489(b) (States) and pre-award cost authority under 24 CFR 570.200(h)
(Entitlements). Reimbursed costs must comply with all grant requirements, must be costs
to prevent, prepare for, or respond to coronavirus, and must not constitute a duplication
of benefits.
Q18: Will HUD publish a Federal Register Notice?
A: HUD intends to issue a notice in the Federal Register to provide additional waivers,
alternative requirements, and the rules implementing CARES Act requirements. This
will facilitate and expedite the use of the funds for preventing, preparing for, and
responding to coronavirus.
Q19: What is a virtual hearing and how do I do one? Do I have to do a public hearing?
A: The CARES Act provides that, for as long as national or local health authorities
recommend social distancing and limiting public gatherings for public health reasons, a
grantee may create virtual public hearings to fulfill applicable public hearing
requirements related to plans for the use of FY2019, FY2020, and CDBG-CV grants. The
CARES Act also provides that any such virtual hearings shall provide: (1) reasonable
notification and access for citizens in accordance with the grantee’s certifications, (2)
timely responses from local officials to all citizen questions and issues; and (3) public
access to all questions and responses. Some platforms for virtual hearings are Facebook,
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Zoom, Skype, email, and conference calls, but the grantee is not limited to these methods.
Additionally, grantees must take appropriate actions to encourage the participation of all
residents, including the elderly, minorities, and non-English speaking persons, as well as
persons with disabilities. For an amendment, a hearing is required if the grantee’s citizen
participation plan requires one. (To take advantage of the CARES Act provisions, a
grantee may amend its citizen participation plan concurrently with its CDBG-CV plan or
amendment publication.) For an action plan or Consolidated Plan, hearing requirements
are contained in 24 CFR 91.105(e) for entitlement communities and 24 CFR 91.115(b)(3)
for states.
Q20: Are the CARES Act flexibilities just for CDBG-CV or may a grantee access them for
the main program as well?
A: Some flexibilities also apply to FY2019 or FY2020 grants as well as CDBG-CV.
HUD posted a guide to the flexibilities here:
https://files.hudexchange.info/resources/documents/CARES-Act-Flexibilities-CDBG-
Funds-Used-Support-Coronavirus-Response.pdf
Q21: Does an Urban County have to consider the needs of all of its participating units of
general local government in designing and implementing its program?
A: Every grantee should consider the needs of all citizens who may reasonably be
expected to participate in or be affected by CDBG or CDBG-CV programs. Urban
Counties that normally distribute CDBG funds on a proportional basis among all
participating jurisdictions should consider whether their normal procedures would result
in funding awards that are too small to be used expeditiously and productively by the
participating jurisdictions.
Q22: Will HUD extend the deadline for CAPERs?
A: HUD has issued a waiver to the 2019 CAPER Submission. The Waiver provides
grantees an additional 90 days to submit their 2019 CAPER. Grantees may now submit
the 2019 CAPER within 180 days of the end of their 2019 program year. The Waiver can
be found at the following link: https://www.hud.gov/sites/dfiles/CPD/documents/CPD-
COVID-19-CAPER-Waiver-050420-signed-JG.pdf
Q23: Can I have relief from Single Audit requirements and deadlines?
A: The U.S. Office of Management and Budget (OMB) memorandum, M-20-17, dated
March 19, 2020 (available here) discusses the Single Audit submission extension [2 CFR
200.512] and modifies prior guidance found in the M-20-11 memo, dated March 9, 2020.
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Pursuant to the March 19th memo, awarding agencies, in their capacity as cognizant or
oversight agencies for audit, should allow recipients and subrecipients that have not yet
filed their single audits with the Federal Audit Clearinghouse as of March 19, 2020, that
have fiscal year-ends through June 30, 2020, to delay the completion and submission of
the Single Audit reporting package, as required under Subpart F of 2 CFR § 200.501 -
Audit Requirements, to six (6) months beyond the normal due date.
No further action by awarding agencies is required to enact this extension. This extension
does not require individual recipients and subrecipients to seek approval for the extension
by the cognizant or oversight agency for audit; however, recipients and subrecipients
should maintain documentation of the reason for the delayed filing. Recipients and
subrecipients taking advantage of this extension would still qualify as a "low-risk
auditee" under the criteria of 2 CFR § 200.520 (a) – Criteria for a low-risk auditee.
Q24: How will HUD handle the CDBG timeliness requirements in FY2020?
A: HUD has a statutory responsibility to review a grantee’s performance at least
annually to determine whether the grantee has the continuing capacity to carry out grant
activities in a timely manner. HUD will continue its oversight of grantee progress and
will notify grantees who are not progressing as expected. However, in the normal course
of oversight, if a CDBG grantee does not carry out its activities in a timely manner, HUD
consults with the grantee to determine the causes. If the causes are beyond the grantee’s
control, as coronavirus (COVID-19) is, HUD does not take corrective action or sanction,
but works with the grantee to ensure that the grantee is timely at the next annual
checkpoint.
Q25: How do I do electronic signatures?
A: On March 22, 2020, the U.S. Office of Management and Budget (OMB) released a
memorandum providing guidance on the use of technology to support mission continuity
in response to coronavirus. The guidance is in the form of Frequently Asked Questions
and includes OMB guidance for the use of e-signatures. Also included in the Frequently
Asked Questions are resources for implementing technology.
A copy of the memorandum and related Frequently Asked Questions can be found here:
https://www.whitehouse.gov/wp-content/uploads/2020/03/M-20-19.pdf
Q26: Is assistance to hospitals or clinics a CDBG eligible activity?
A: Please see the Quick Guide to CDBG Eligible Activities to Support Coronavirus and
Other Infectious Disease Response: https://www.hudexchange.info/news/hud-publishes-
a-cdbg-quick-guide-to-support-infectious-disease-response/.
Note that each such activity must meet a national objective. Additionally, funds can be
used for the allocable costs of operating and maintaining a facility used in providing a
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public service, even if no other costs of providing such a service are assisted with such
funds, but funds cannot be used for operation and maintenance costs that cannot be
allocated to the public service (see the CDBG Entitlement program regulation at 24 CFR
570.207(b)(2), which states may use as guidance).
Further, use for operation and maintenance costs of a public service trigger CDBG
requirements. Particularly for hospitals, a grantee may wish to consult with its field
office in structuring the assisted activity so that the grantee can clearly identify which
public service activities within the hospital are subject to CDBG requirements. In
addition, a grantee assisting a hospital or clinic should be aware of the possibility that
other federal and state funds may be available for this purpose and take this under
consideration in its analysis of duplications of benefit.
Q27: May a CDBG grantee provide housing near the hospital for medical staff and first
responders who are concerned about going home and possibly bringing back infections
that will further spread the disease to those receiving health care at the hospital? And for
such staff who become infected and must self-isolate?
A: It depends. Housing staff may be necessary as part of an eligible public service, if
providing the public service requires the staff to be located in housing that reduces risk of
infection through isolation to prevent the spread of coronavirus.
The activity must also meet a national objective by either benefitting low-and moderate-
income (LMI) persons or meeting an urgent need. To benefit LMI persons, the grantee
may demonstrate that at least 51 percent of the public receiving the benefit of the public
service provided by the hospital are low-and moderate-income persons, or that the
hospital provides services to a primarily residential area with a predominantly LMI
population.
Alternatively, the activity may meet an urgent need related to the novel coronavirus if the
grantee has no other funding for the activity. Grantees are reminded that overall benefit
requires that at least 70 percent of the funds be used to benefit LMI persons.
Q28: Can CDBG assist a food bank purchasing and delivering emergency food for current
and new beneficiaries? How can we meet a national objective?
A: Yes. For a food bank located in and serving a primarily residential low/mod area, the
grantee may document compliance with low-and-moderate-income (LMI) area benefit
national objective criteria. For a food bank serving a non-LMI service area, the
regulations provide that the grantee may meet the LMI limited clientele national objective
in one of two ways.
One way is to document how the nature and location of the activity will result in at least
51 percent of the beneficiaries being LMI. Another would be to collect a simple
verifiable income certification from at least 51 percent of the beneficiaries attesting they
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are LMI. Some grantees have provided a pro tip on obtaining this documentation: If the
beneficiary signs a paper certification and the grantee or subrecipient uses a cell phone
document scanning app to collect the image prior to instructing the beneficiary to place
the completed certification in a storage box, collection of such certifications can be
contactless. Either wipe down the pen between signers or provide hand sanitizer.
Q 29: May I use CDBG or CDBG-CV for FEMA cost share?
A: Yes. Under 24 CFR 570.201(g), CDBG funds may be used to pay the non-Federal
share of a Federal grant-in-aid program, provided that the activities funded are otherwise
eligible for CDBG assistance and comply with CDBG requirements. State grantees are
authorized to pay non-Federal cost share under Section 105(a)(9) of the Housing and
Community Development Act of 1974.
Q30: Can I use CDBG or CDBG-CV to help small businesses?
A: Yes, direct assistance to for-profits is a special economic development activity in the
CDBG program and it is eligible provided it meets a national objective, underwriting, and
public benefit requirements. Because there is a large amount of SBA funding for small
businesses in the CARES Act and other sources of financial assistance to small
businesses may be available, grantees must also have procedures to prevent duplications
of benefits between various programs that provide this type of financial assistance.
Q31: Are staff costs of CDBG program administration and eligible activities allowable if
the staff person is on leave due to the closure of the grantee or subrecipient’s offices in
response to COVID-19?
A: Yes. If staff costs meet the program administration requirements of 24 CFR 570.206
or are related to carrying out activities eligible under § 570.201 through § 570.204, the
cost of fringe benefits, as provided at 2 CFR 200.431(b), in the form of regular
compensation paid to employees during periods of authorized absences from the job,
such as for annual leave, family-related leave, sick leave, holidays, court leave, military
leave, administrative leave, and other similar benefits, are allowable if all of the
following criteria are met:
(1) They are provided under established written leave policies;
(2) The costs are equitably allocated to all related activities, including Federal
awards; and
(3) The accounting basis (cash or accrual) selected for costing each type of leave
is consistently followed by the grantee/subrecipient or specified grouping of
employees.
Please note, however, that such charges are subject to regulatory or statutory limits on
certain categories of costs (e.g., the 20-percent limit on CDBG planning and
administrative costs).
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Q32: What about the costs of unused and partially utilized space, when space used by
grantees/subrecipients in carrying out activities with CDBG funds is no longer used or is no
longer used fully as a result of COVID-19? Are costs such as maintenance, repair, rent, and
other related costs (e.g., insurance, interest, and depreciation,) allowable?
A: Yes, subject to program restrictions and the regulations at 2 CFR 200.446 Idle
facilities and idle capacity. While costs for unused space (idle facilities) are usually
unallowable, §200.446(b)(2) permits exceptions when the space (facilities) are idle for
causes which could not have been reasonably foreseen. Clearly, the COVID-19 situation
falls within that exception. Under this exception, “…costs of idle facilities are allowable
for a reasonable period of time, ordinarily not to exceed one year, depending on the
initiative taken to use, lease, or dispose of such facilities.”
Grantees and subrecipients should note, however, that program regulations may prohibit
certain costs referenced in the question. For example, 24 CFR 570.207(b)(2)(i) prohibits
use of CDBG funds for maintenance and repair of publicly owned facilities and
improvements.
As to partially utilized space (idle capacity), 2 CFR 200.446(c) provides that:
“The costs of idle capacity are normal costs of doing business and are a factor in the
normal fluctuations of usage or indirect cost rates from period to period. Such costs are
allowable, provided that the capacity is reasonably anticipated to be necessary to carry
out the purpose of the Federal award or was originally reasonable and is not subject to
reduction or elimination by use on other Federal awards, subletting, renting, or sale, in
accordance with sound business, economic, or security practices….”
Accordingly, costs of idle capacity are allowable, subject to the provisions in §200.446(c)
and to any program regulatory restrictions noted above.
Q33: May the grantee continue to fund a subrecipient for an activity that will be canceled
or postponed?
A. It depends. The recent OMB memo M-20-17 discusses allowability of costs not
normally chargeable to awards, stating:
“Awarding agencies may allow recipients who incur costs related to the
cancellation of events, travel, or other activities necessary and reasonable for the
performance of the award, or the pausing and restarting of grant funded activities
due to the public health emergency, to charge these costs to their award without
regard to 2 CFR § 200.403, Factors affecting allowability of costs, 2 CFR §
200.404, Reasonable costs, and 2 CFR § 200.405, Allocable costs. Awarding
agencies may allow recipients to charge full cost of cancellation when the event,
travel, or other activities are conducted under the auspices of the grant. Awarding
agencies must advise recipients that they should not assume additional funds will
be available should the charging of cancellation or other fees result in a shortage
of funds to eventually carry out the event or travel. Awarding agencies must
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require recipients to maintain appropriate records and cost documentation as
required by 2 CFR § 200.302 - Financial management and 2 CFR § 200.333 -
Retention requirement of records, to substantiate the charging of any cancellation
or other fees related to interruption of operations or services. As appropriate,
awarding agencies may list additional guidance on specific types of costs on their
websites and/or provide a point of contact for an agency program official.”
In addition, in the context of subrecipients, CDBG grantees should also consider whether
the subrecipient’s staff costs are administrative (see 2 CFR 570.206) or related to
carrying out activities eligible under § 570.201 through § 570.204. The activity delivery
costs associated with postponed or cancelled activities are limited to those necessary and
reasonable to the pausing and restarting of the grant and may include cancellation fees, as
explained further in OMB memo M-20-17. For subrecipients with an administrative role,
their allowable costs may include fringe benefits, such as authorized leave (see Q31
above for more information); however, planning, administrative and management costs
are limited to 20 percent of the grant, pursuant to Annual Appropriations Acts.
Grantees may be interested in providing assistance to their partners to retain employees
during this crisis; however, HUD strongly recommends that this be done
appropriately. Grantees may wish to direct such partners to apply for assistance available
to small businesses and nonprofits for the retention of employees, such as programs
provided by the Small Business Administration and, possibly, a local CDBG-funded job
retention program, if one has been appropriately established.
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