City of Sacramento
City Council - 2PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2025-00576 3/4/2025 Consent Item 10.
Acceptance of United States Department of Housing and Urban Development Community Project Fund Grant for Sacramento River Docks
File ID: 2025-00576
Location: Old Sacramento Waterfront, District 4
Recommendation: Adopt a Resolution authorizing the City Manager or the City Manager’s designee to: a) accept a $1.5 million Community Project Fund Grant from the United States Department of Housing and Urban Development for the Sacramento River Docks; and b) establish the revenue and expenditure budgets in the amount of $1.5 million in the Federal Capital Grant Fund (Fund 3703) for the Sacramento River Docks project to the Old Sacramento Revitalization and Improvements Project (C15002100).
Contact: Blair Hongo, Administrative Analyst, (916) 808-7237, [email protected]; Ellen Sullivan, Senior Development Project Manager, (916) 808-5758, [email protected], City Manager’s Office of Innovation and Economic Development; Lucinda Willcox, Assistant Director, (916) 808-5052, [email protected], Department of Public Works Presenter: None
Attachments:
1-Description/Analysis
2-Resolution
3-FY2024 Community Project Funding Grant Agreement
4-HUD FY 2024 Economic Development Initiative - Community Project Funding Grant Guide Description/Analysis
Issue Detail: In the Consolidated Appropriations Act, 2024 (Public Law 118-42) (the FY2024 Act), and the Further Consolidated Appropriations Act, 2024 (Public Law 118-47) (the Further FY2024 Act) United States Congress made $3,290,054,336 in funding available for Community Project Funding (CPF). These CPF awards are administered by the Department of Housing and Urban Development (HUD). HUD is providing the City of Sacramento with $1,500,000 for the Sacramento River Docks. These funds will be used to pay for the design and planning of the River Docks component of the Waterfront Reinvestment Program. The City’s existing dock system requires deferred maintenance to ensure continued safe public access to the docks and waterfront. The River
File ID: 2025-00576 3/4/2025 Consent Item 10.
Docks project will provide the Sacramento community and visitors with the opportunity to experience and reconnect with the Sacramento River in a safe and engaging way.
Policy Considerations: The recommendations in this report are consistent with Resolution No. 2024 -0193, Section 11.3, which requires City Council approval as a condition of grant funding.
Funding for the restoration of the Sacramento Riverfront will allow the City to further the visions, goals, and objectives of the 2040 General Plan, the 2003 Sacramento Riverfront Master Plan as approved by the cities of Sacramento and West Sacramento and the Sacramento riverfront priorities set out by the Mayor and City Council.
Economic Impacts: Not applicable.
Environmental Considerations: The acceptance of grant funds for the purposes of planning and design of the Sacramento River Docks project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3), Common Sense exemption. This section states that CEQA only applies to actions with a potential to significantly affect the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on an environmental resource, the activity is not subject to CEQA. Appropriate environmental review in compliance with CEQA will be completed for the future Sacramento River Docks project prior to final approval.
Sustainability: Not applicable.
Commission/Committee Action: Not applicable.
Rationale for Recommendation: On November 19, 2024, the City Council approved the Waterfront Reinvestment Program (R2024-0339). The phased program identified six key tourism improvements as essential capital investments for Old Sacramento: the Public Market Buildings, the Waterfront Site Redevelopment Opportunity, Boardwalk Replacement, K Street Barge Hull Repair, River Docks and Native American-Themed Children’s Play Area. The funding from the federal government will support development of the Riverfront, allow the City of Sacramento to accelerate redevelopment of the Old Sacramento Waterfront, and will be used towards eligible projects within the Waterfront Reinvestment Program. As a condition of receiving the $1.5 million in funding, the grant agreement must be signed and submitted to HUD to receive reimbursement for costs associated with design and planning activities for the docks.
Financial Considerations: In the Consolidated Appropriations Act, 2024 (Public Law 118-42) (the FY2024 Act), and the Further Consolidated Appropriations Act, 2024 (Public Law 118-47) (the Further FY2024 Act) the United States Congress provided $1.5 million s part of the Community Project Funding (CPF) to the City of Sacramento for the design and planning of the Sacramento River
File ID: 2025-00576 3/4/2025 Consent Item 10.
Docks. This CPF award is administered by the HUD. To support the continued restoration of the Riverfront, staff recommends accepting the $1.5 million in CPF grant funds from HUD and establishing the revenue and expenditure budgets in the Old Sacramento Revitalization and Improvements Project (C15002100) for an amount up to $1.5 million in the Federal Capital Grant Fund (Fund 3703)
Local Business Enterprise (LBE): Not applicable.
RESOLUTION NO. 2025-XXXX
Adopted by the Sacramento City Council
March 4, 2025
Approving Applications For Specified Grant Funds for the Old Sacramento Waterfront
BACKGROUND
A. The United States Department of Housing and Urban Development has been delegated the responsibility by the United States Congress for the administration of a grant to the City of Sacramento and setting up necessary procedures governing the applications.
B. The City of Sacramento will enter into a grant agreement with the United States Department of Housing and Urban Development to complete the project.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, THE CITY COUNCIL RESOLVES AS FOLLOWS:
Section 1. The City Council approves the filing of project application(s) for Waterfront Docks.
Section 2. The City Manager or the City Manager’s designee is authorized to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary to complete the project scopes.
Section 3. The City Manager or the City Manager’s designee is authorized to establish the revenue and expenditure budgets in the amount of $1.5 million in the Federal Capital Grant Fund (Fund 3703) for the Sacramento River Docks project to the Old Sacramento Revitalization and Improvements Project (C15002100).
FY 2024 COMMUNITY PROJECT FUNDING
GRANT AGREEMENT NO. B-24-CP-XX-####
Grantee Name:
Grantee Address:
Grantee's Unique Entity Identifier (UEI):
Grantee’s Employer Identification Number (EIN):
Federal Award Identification Number (FAIN): B-24-CP-XX-#### Assistance Listing Number and Name: 14.251 Economic Development Initiative, Community Project Funding, and Miscellaneous Grants
Period of Performance/Budget Period Start Date: [Enter date the agreement is executed by HUD]
Period of Performance/Budget Period End Date: August 31, 2032
This Grant Agreement between the U.S. Department of Housing and Urban Development (HUD) and [GRANTEE NAME] (the Grantee) is made pursuant to the authority of the Consolidated Appropriations Act, 2024 (Public Law 118-42) and the Explanatory Statement for Division L of that Act, which was printed in the Senate section of the Congressional Record on March 5, 2024 (Explanatory Statement) as deemed to be amended by the Further Consolidated Appropriations Act, 2024 (Public Laws 118-47).
In reliance upon and in consideration of the mutual representations and obligations under this Grant Agreement, HUD and the Grantee agree as follows:
ARTICLE I. Definitions
The definitions at 2 CFR 200.1 apply to this Grant Agreement, except where this Grant Agreement specifically states otherwise.
Budget period is defined in 2 CFR 200.1 and begins and ends on the dates specified above for the Period of Performance/Budget Period Start Date and Period of Performance/Budget Period End Date.
Period of Performance is defined in 2 CFR 200.1 and begins and ends on the dates specified above for the Period of Performance/Budget Period Start Date and Period of Performance/Budget Period End Date.
ARTICLE II. Total Grant Amount
Subject to the provisions of the Grant Agreement, HUD will make grant funds in the amount of $[GRANT AWARD AMOUNT] available to the Grantee.
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2 ARTICLE III. Award-Specific Requirements
A. Federal Award Description. The Grantee must use the Federal funds provided under this Grant Agreement (Grant Funds) to carry out the Grantee’s “Project.” Unless changed in accordance with Article III, section C of this Grant Agreement, the Grantee’s Project shall be as described in the Project Narrative that is approved by HUD as of the date that HUD signs this Grant Agreement. For reference, HUD will attach this approved Project Narrative as Appendix 1 to the Grant Agreement on the date that HUD signs this Grant Agreement.
B. Approved Budget. The Grantee must use the Grant Funds as provided by the Approved Budget. Unless changed in accordance with Article III, section C of this Grant Agreement, the Approved Budget shall be the line-item budget that is approved by HUD as of the date that HUD signs this Grant Agreement. For reference, HUD will attach this approved line-item budget as Appendix 2 to this Grant Agreement on the date that HUD signs this Grant Agreement.
C. Project and Budget Changes. All changes to the Grantee’s Project or Approved Budget must be made in accordance with 2 CFR 200.308 and this Grant Agreement. To request HUD’s approval for a change in the approved Project Narrative and/or Budget, the Grantee must submit a formal letter to HUD’s Office of Economic Development - Congressional Grants Division (CGD) Director through the assigned Grant Officer in accordance with HUD’s instructions for amending the Project Narrative and/or Project Budget found in the document titled “FY2024 Economic Development Initiative - Community Project Funding Grant Guide ” that accompanies the Grant Agreement. The Grantee is prohibited from making project or budget changes that would conflict with the Applicable Appropriations Act Conditions described in Article III, section D of this Grant Agreement. The assigned Grant Officer for this grant is provided in the Award Letter for this grant and found on HUD’s website. The CGD will notify the Grantee of whether HUD approves or disapproves of the change. Before the Grantee expends Grant Funds in accordance with any change approved by HUD or otherwise allowed by 2 CFR 200.308, the Grantee must update its grant information in HUD’s Disaster Recovery Grant Reporting (DRGR) to reflect that change.
D. Applicable Appropriations Act Conditions. The conditions that apply to the Grant Funds under the Consolidated Appropriations Act, 2024, and the Explanatory Statement, as modified by the Further Consolidated Appropriations Act, 2024 or a later act, are incorporated by this reference and made part of this Grant Agreement. The Grant Funds are not subject to the Community Development Block Grants regulations at 24 CFR part 570 or Title I of the Housing and Community Development Act of 1974.
E. In accordance with 2 CFR 200.307, costs incidental to the generation of program income may be deducted from gross income to determine program income, provided these costs have not been charged to the grant. As authorized under 2 CFR 200.307, program income may be treated as an addition to the Federal award, provided that the Grantee uses that income for allowable costs under this Grant Agreement. Any program income that cannot be expended on allowable costs under this Grant Agreement must be reported and paid to HUD within 120 days after the period of performance, unless otherwise specified by an applicable Federal statute.
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3 F. The Grantee must use the Grant Funds only for costs (including indirect costs) that meet the applicable requirements in 2 CFR part 200 (including appendices). The Grantee’s indirect cost rate information is as provided in Appendix 3 to this Grant Agreement. Unless the Grantee is an Institution of Higher Education, the Grantee must immediately notify HUD upon any change in the Grantee’s indirect cost rate during the Period of Performance, so that HUD can amend the Grant Agreement to reflect the change if necessary. Consistent with 2 CFR Part 200, Appendix III (C.7), if the Grantee is an Institution of Higher Education and has a negotiated rate in effect on the date this Grant Agreement is signed by HUD, the Grantee may use only that rate for its indirect costs during the Period of Performance.
G. The Grantee must comply with any specific conditions that HUD may apply to this Grant Agreement as provided by 2 CFR 200.208. If applicable, these conditions will be listed or added as Appendix 5 to this Grant Agreement.
H. The Grantee is responsible for managing the Project and ensuring the proper use of the Grant Funds. The Grantee is also responsible for ensuring the completion of the Project, the grant closeout, and compliance with all applicable federal requirements. All subawards made with funding under this Grant Agreement are subject to the subaward requirements under 2 CFR Part 200, including 2 CFR 200.332, and other requirements provided by this Grant Agreement.
The Grantee is responsible for ensuring each subrecipient complies with all requirements under this Grant Agreement, including the general federal requirements in Article IV. A subaward may be made to a for-profit entity only if HUD expressly approves that subaward and the for-profit entity is made subject to the same Federal requirements that apply to all other subrecipients, including all requirements 2 CFR part 200 provides with respect to a subaward, except the audit requirements in 2 CFR part 200, subpart F.
ARTICLE IV. General Federal Requirements
A. If the Grantee is a unit of general local government, a State, an Indian Tribe, or an Alaskan Native Village, the Grantee is the Responsible Entity (as defined in 24 CFR part 58) and agrees to assume all of the responsibilities for environmental review and decision-making and action, as specified and required in regulations issued by the Secretary pursuant to section 305(c) of the Multifamily Housing Property Disposition Reform Act of 1994 and published in 24 CFR Part 58.
B. If the Grantee is a housing authority, redevelopment agency, academic institution, hospital or other non-profit organization, the Grantee shall request the unit of general local government, Indian Tribe or Alaskan Native Village, within which the Project is located and which exercises land use responsibility, to act as Responsible Entity and assume all of the responsibilities for environmental review and decision-making and action as specified in paragraph A above, and the Grantee shall carry out all of the responsibilities of a grantee under 24 CFR Part 58.
C. After March 9, 2024, neither the Grantee nor any of its contractors, subrecipients, and other funding and development partners may undertake, or commit or expend Grant Funds or FY 2024 COMMUNITY PROJECT FUNDING
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4 local funds for, project activities (other than for planning, management, development and administration activities), unless a contract requiring those activities was already executed on or before March 9, 2024, until one of the following occurs:
(i) the Responsible Entity has completed the environmental review procedures required by 24 CFR part 58, and HUD has approved the environmental certification and given a release of funds;
(ii) the Responsible Entity has determined and documented in its environmental review record that the activities are exempt under 24 CFR 58.34 or are categorically excluded and not subject to compliance with environmental laws under 24 CFR 58.35(b); or
(iii) HUD has performed an environmental review under 24 CFR part 50 and has notified Grantee in writing of environmental approval of the activities.
D. Following completion of the environmental review process, the Grantee shall exercise oversight, monitoring, and enforcement as necessary to assure that decisions and mitigation measures adopted through the environmental review process are carried out during project development and implementation.
E. The Grantee must comply with the generally applicable HUD and CPD requirements in 24 CFR Part 5, subpart A, including all applicable fair housing, and civil rights requirements.
The Grantee must report data on the race, color, religion, sex, national origin, age, disability, and family characteristics of persons and households who are applicants for, participants in, or beneficiaries or potential beneficiaries of the Grantee’s Project, consistent with the instructions and forms provided by HUD in order to carry out its responsibilities under the Fair Housing Act, Executive Order 11063, Title VI of the Civil Rights Act of 1964, and Section 562 of the Housing and Community Development Act of 1987 (e.g. HUD-27061).
F. The Grantee must comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 CFR part 200, as may be amended from time to time. If 2 CFR part 200 is amended to replace or renumber sections of part 200 that are cited specifically in this Grant Agreement, the part 200 requirements as renumbered or replaced by the amendments will govern the obligations of HUD and the Grantee after those amendments become effective.
G. The Grantee must comply with the Award Term in Appendix A to 2 CFR Part 25 (“System for Award Management and Universal Identifier Requirements”) and the Award Term in Appendix A to 2 CFR Part 170 (“Reporting Subawards and Executive Compensation”), which by this reference are incorporated into and made part of this Grant Agreement.
H. If the Total Grant Amount, as provided in Article II of this Grant Agreement, is greater than $500,000, the Grantee must comply with the Award Term and Condition for Grantee Integrity and Performance Matters in Appendix 4 to this Grant Agreement.
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5 I. Unless the Grantee is exempt from the Byrd Amendment as explained below, the Grantee must comply with the provisions of Section 319 of Public Law 101-121, 31 U.S.C. 1352, (the Byrd Amendment) and 24 CFR Part 87, which prohibit recipients of Federal contracts, grants, or loans from using appropriated funds for lobbying the executive or legislative branches of the Federal Government in connection with a specific contract, grant, loan, or cooperative agreement. The Grantee must sign the corresponding certification in Appendix 8 to this Grant Agreement and return it to HUD with this Grant Agreement. The Grantee must include in its award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements), the requirements for the certification required by Appendix A to 24 CFR Part 87 and for disclosure using the Disclosure of Lobbying Activities (SF-LLL) form. In addition, the Grantee must obtain the executed certification required by Appendix A and an SF-LLL from all covered persons. “Person” is as defined by 24 CFR Part
87. Federally recognized Indian tribes and TDHEs established by Federally recognized Indian tribes as a result of the exercise of the tribe’s sovereign power are excluded from coverage of the Byrd Amendment. State-recognized Indian tribes and TDHEs established only under state law must comply with this requirement.
J. The Grantee must comply with drug-free workplace requirements in Subpart B of 2 CFR Part 2429, which adopts the governmentwide implementation (2 CFR Part 182) of sections 5152-5158 of the Drug-Free Workplace Act of 1988, Pub. L. 100-690, Title V, Subtitle D (41 U.S.C. 701-707).
K. Unless the Grantee is a Federally recognized Tribe, the Grantee must comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) as implemented by regulations at 49 CFR Part 24. The URA applies to acquisitions of real property and relocation occurring as a direct result of the acquisition, rehabilitation, or demolition of real property for Federal or Federally funded programs or projects. Real property acquisition that receives Federal financial assistance for a program or project, as defined in 49 CFR 24.2, must comply with the acquisition requirements contained in 49 CFR part 24, subpart B. Unless otherwise specified in law, the relocation requirements of the URA and its implementing regulations at 49 CFR part 24, cover any displaced person who moves from real property or moves personal property from real property as a direct result of acquisition, rehabilitation, or demolition for a program or project receiving HUD financial assistance.
L. If Grant Funds are used for purchase, lease, support services, operation, or work that may disturb painted surfaces, of pre-1978 housing, you must comply with the lead-based paint evaluation and hazard reduction requirements of HUD's lead-based paint rules (Lead Disclosure; and Lead Safe Housing (24 CFR part 35)), and EPA's lead-based paint rules (e.g., Repair, Renovation and Painting; Pre-Renovation Education; and Lead Training and Certification (40 CFR part 745)).
M. The Grantee must comply with Section 3 of the Housing and Urban Development Act of 1968 (Section 3), 12 U.S.C. 1701u, and HUD’s regulations at 24 CFR part 75, as applicable, including the reporting requirements in 24 CFR 75.25. Grants made to Tribes and TDHEs are subject to Indian Preference requirements in Section 7(b) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5307(b)). As stated in 24 CFR 75.3(c), grants to Tribes and TDHEs are subject to Indian Preference requirements in lieu of Section 3.
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6 Grantees that are not exempt from Section 3 must submit annual reports of Section 3 accomplishment Performance Measures in DRGR in January of the calendar year. This report reflects Section 3 accomplishments for the previous calendar year.
N. The Grantee must not use any Grant Funds to support any Federal, state, or local project that seeks to use the power of eminent domain, unless eminent domain is employed only for a public use. Public use includes use of funds for mass transit, railroad, airport, seaport, or highway projects, and utility projects which benefit or serve the general public (including energy-related, communication-related, water-related, and waste water-related infrastructure), other structures designated for use by the general public or with other common-carrier or public- utility functions that serve the general public and are subject to regulation and oversight by the government, and projects for the removal of an immediate threat to public health and safety or brownfields, as defined in the Small Business Liability Relief and Brownfields Revitalization Act (Pub. L. 107-118). Public use does not include economic development that primarily benefits private entities.
O. The Grantee must not use any Grant Funds to maintain or establish a computer network that does not block the viewing, downloading, and exchanging of pornography. This requirement does not limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities.
P. The Grantee must administer its Grant Funds in accordance with the Conflict-of- Interest requirements set forth in Appendix 6 of this Grant Agreement.
Q. The Grantee must comply with the governmentwide debarment and suspension requirements in 2 CFR part 180 as incorporated and supplemented by HUD’s regulations at 2 CFR part 2424.
R. The Grantee must comply with the award term regarding trafficking in persons in Appendix 7 of this Grant Agreement.
S. The assurances and certifications the Grantee has made and submitted to HUD are incorporated by this reference and made part of this Grant Agreement.
T. Any person who becomes aware of the existence or apparent existence of fraud, waste or abuse of any HUD award must report such incidents to both the HUD official responsible for the award and to HUD’s Office of Inspector General (OIG). HUD OIG is available to receive allegations of fraud, waste, and abuse related to HUD programs via its hotline number (1-800- 347-3735) and its online hotline form. The Grantee must comply with 41 U.S.C. § 4712, which includes informing employees in writing of their rights and remedies, in the predominant native language of the workforce. Under 41 U.S.C. § 4712, an employee of the Grantee or a subrecipient—as well as a personal services contractor—who makes a protected disclosure about a Federal grant or contract cannot be discharged, demoted, or otherwise discriminated against as long as they reasonably believe the information they disclose is evidence of:
1. Gross mismanagement of a Federal contract or grant;
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7 2. Waste of Federal funds;
3. Abuse of authority relating to a Federal contract or grant;
4. Substantial and specific danger to public health and safety; or
5. Violations of law, rule, or regulation related to a Federal contract or grant.
U. The Grantee must comply with the requirements of the Build America, Buy America (BABA) Act, 41 USC 8301 note, and all applicable rules and notices, as may be amended, if applicable to the Grantee’s infrastructure project. Pursuant to HUD’s Notice, “Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy America Provisions as Applied to Recipients of HUD Federal Financial Assistance” (88 FR 17001), any funds obligated by HUD on or after the applicable listed effective dates, are subject to BABA requirements, unless excepted by a waiver.
ARTICLE V. Drawdown Requirements
A. The Grantee may not draw down Grant Funds until HUD has received and approved any certifications and disclosures required by 24 CFR 87.100 concerning lobbying, if applicable.
B. The Grantee must use DRGR to draw down Grant Funds and report to HUD on activities.
C. The Grantee must enter activity and budget information in DRGR that is consistent with the Grantee’s Approved Project Narrative and Approved Budget as described in Article III, sections A and B of this Grant Agreement and complies with HUD’s instructions for entering information in DRGR found in the document titled “Grant Award Instructions” that accompanies the Grant Agreement.
D. The Grantee must only enter activities in DRGR that are described in the Approved Budget.
E. The Grantee must expend all Grant Funds in accordance with the activity and budget information in DRGR.
F. Each drawdown of Grant Funds constitutes a representation by the Grantee that the funds will be used in accordance with this Grant Agreement.
G. The Grantee must use DRGR to track the use of program income and must report the receipt and use of program income in the reports the Grantee submits to HUD under Article VI of this Grant Agreement. The Grantee must expend program income before drawing down Grant Funds through DRGR.
H. Notwithstanding any other provision of this grant agreement, HUD will not be responsible for payment of any Grant Funds after the date Treasury closes the account in accordance with 31 U.S.C. § 1552. Because Treasury may close the account up to one week FY 2024 COMMUNITY PROJECT FUNDING
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8 before the September 30 date specified by 31 U.S.C. § 1552, the Grantee is advised to make its final request for payment under the grant no later than September 15, 2032.
ARTICLE VI. Program-Specific Reporting Requirements
In addition to the general reporting requirements that apply under other provisions of this Agreement, the following program-specific reporting requirements apply to the Grantee:
A. The Grantee must submit a performance report in DRGR on a semi-annual basis and must include a completed Federal financial report as an attachment to each performance report in DRGR. Performance reports shall consist of a narrative of work accomplished during the reporting period. During the Period of Performance, the Grantee must submit these reports in DRGR no later than 30 calendar days after the end of the 6-month reporting period. The first of these reporting periods begins on the first of January or June (whichever occurs first) after the date this Grant Agreement is signed by HUD.
B. The performance report must contain the information required for reporting program performance under 2 CFR 200.329(c)(2) and (d), including a comparison of actual accomplishments to the objectives of the Project as described in Article III, section A of this Grant Agreement, the reasons why established goals were not met, if appropriate, and additional pertinent information including, when appropriate, analysis and explanation of cost overruns or high unit costs.
C. Financial reports must be submitted using DRGR or such future collections HUD may require and as approved by OMB and listed on the Grants.gov website (https://grants.gov/forms/forms-repository/post-award-reporting-forms).
D. The performance and financial reports will undergo review and approval by HUD. If a report submission is insufficient, HUD will reject the report in DRGR and identify the corrections the Grantee must make.
E. No drawdown of funds will be allowed through DRGR while the Grantee has an overdue performance or financial report.
F. The Grantee must report and account for all property acquired or improved with Grant Funds as provided by 2 CFR part 200 using the applicable common forms approved by OMB and provided on the Grants.gov website (https://grants.gov/forms/forms-repository/post-award- reporting-forms). This reporting obligation includes submitting status reports on real property at least annually as provided by 2 CFR 200.330, accounting for real and personal property acquired or improved with Grant Funds as part of Project Closeout, and promptly submitting requests for disposition instructions as provided by 2 CFR 200.311, 200.31, and 200.314.
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9 ARTICLE VII. Project Closeout
A. The grant will be closed out in accordance with 2 CFR part 200, as may be amended from time to time, except as otherwise specified in this Grant Agreement.
B. The Grantee must submit to HUD a written request to close out the grant no later than 30 calendar days after the Grantee has drawn down all Grant Funds and completed the Project as described in Article III, section A of this Grant Agreement. HUD will then send the Closeout Agreement and Closeout Certification to the Grantee.
C. At HUD's option, the Grantee may delay initiation of project closeout until the resolution of any findings as a result of the review of semi-annual activity reports in DRGR. If HUD exercises this option, the Grantee must promptly resolve the findings.
D. The Grantee recognizes that the closeout process may entail a review by HUD to determine compliance with the Grant Agreement by the Grantee and all participating parties. The Grantee agrees to cooperate with any HUD review, including reasonable requests for on-site inspection of property acquired or improved with grant funds.
E. No later than 120 calendar days after the Period of Performance, Grantees shall provide to HUD the following documentation:
1. A Certification of Project Completion.
2. A Grant Closeout Agreement.
3. A final financial report giving:
i) the amount and types of project costs charged to the grant (that meet the allowability and allocability requirements of 2 CFR part 200, subpart E);
ii) a certification of the costs; and
iii) the amounts and sources of other project funds.
4. A final performance report providing a comparison of actual accomplishments with the objectives of the Project, the reasons for slippage if established objectives were not met and additional pertinent information including explanation of significant cost overruns.
5. A final property report, if specifically requested by HUD at the time of closeout.
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10 ARTICLE VIII. Default
A default under this Grant Agreement shall consist of any use of Grant Funds for a purpose other than as authorized by this Grant Agreement, any noncompliance with statutory, regulatory, or other requirements applicable to the Grant Funds, any other material breach of this Grant Agreement, or any material misrepresentation in the Grantee’s submissions to HUD in anticipation of this award. If the Grantee fails to comply with the terms and conditions of the Grant Agreement, HUD may adjust specific conditions of this Grant Agreement as described in 2 CFR part 200, as may be amended from time to time. If HUD determines that noncompliance cannot be remedied by imposing additional conditions, HUD may take one or more of the remedies for noncompliance described in 2 CFR part 200, as may be amended from time to time.
HUD may also terminate all or a part of this award as provided by 2 CFR 200.340 and other applicable provisions of 2 CFR part 200, as may be amended from time to time. Nothing in this Grant Agreement shall be construed as creating or justifying any claim against the Federal government or the Grantee by any third party.
ARTICLE IX. HUD Contact Information
Except where this Grant Agreement specifically states otherwise, all requests, submissions, and reports the Grantee is required to make to HUD under this Grant Agreement must be made in accordance with HUD’s grant instructions found in the document titled “FY2024 Economic Development Initiative - Community Project Funding Grant Guide” that accompanies the Grant Agreement.
This agreement is hereby executed on behalf of the Grantee and HUD as follows:
GRANTEE
______________________________________________________
(Name of Organization)
BY: _________________________________________________
(Signature of Authorized Official)
_________________________________________________
(Typed Name and Title of Authorized Official)
_________________________________________________
(Date)
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11 HUD
BY: _________________________________________________ Nadab Bynum,
Acting Deputy Assistant Secretary for Economic Development
_________________________________________________
(Date)
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12 APPENDIX 1 – Project Narrative
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13 APPENDIX 2 – Approved Budget
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14 APPENDIX 3 – Grantee’s Indirect Cost Rate Information
As the duly authorized representative of the Grantee, I certify that the Grantee:
☐ Will not use an indirect cost rate to calculate and charge indirect costs under the grant. ☐ Will calculate and charge indirect costs under the grant by applying a de minimis rate as provided by 2 CFR 200.414(f), as may be amended from time to time.
☐ Will calculate and charge indirect costs under the grant using the indirect cost rate(s) listed below, and each rate listed is included in an indirect cost rate proposal developed in accordance with the applicable appendix to 2 CFR part 200 and, if required, was approved by the cognizant agency for indirect costs.
Agency/department/major function Indirect cost rate Type of Direct Cost Base %
%
%
Instructions for the Grantee’s Authorized Representative:
You must mark the one (and only one) checkbox above that best reflects how the Grantee’s indirect costs will be calculated and charged under the grant. Do not include indirect cost rate information for subrecipients.
The table following the third box must be completed only if that box is checked. When listing a rate in the table, enter both the percentage amount (e.g., 10%) and the type of direct cost base to be used. For example, if the direct cost base used for calculating indirect costs is Modified Total Direct Costs, then enter “MTDC” in the “Type of Direct Cost Base” column.
If using the Simplified Allocation Method for indirect costs, enter the applicable indirect cost rate and type of direct cost base in the first row of the table.
If using the Multiple Allocation Base Method, enter each major function of the organization for which a rate was developed and will be used under the grant, the indirect cost rate applicable to that major function, and the type of direct cost base to which the rate will be applied.
If the Grantee is a government and more than one agency or department will carry out activities under the grant, enter each agency or department that will carry out activities under the grant, the indirect cost rate(s) for that agency or department, and the type of direct cost base to which each rate will be applied.
To learn more about the indirect cost requirements, see 2 CFR part 200, subpart E; Appendix III to Part 200 (for Institutions of Higher Education); Appendix IV to Part 200 (for nonprofit organizations); Appendix VII to Part 200 (for state and local governments and Indian Tribes); and Appendix IX to Part 200 (for hospitals).
Name of Authorized Official:
Position/Title:
Signature:
X
Date (mm/dd/yyyy):
/ /
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15 APPENDIX 4 –
Award Term and Condition for Grantee Integrity and Performance Matters
Reporting of Matters Related to Grantee Integrity and Performance
(a) General Reporting Requirement.
(1) If the total value of your active grants, cooperative agreements, and procurement contracts from all Federal agencies exceeds $10,000,000 for any period of time during the period of performance of this Federal award, then you as the grantee must ensure the information available in the responsibility/qualification records through the System for Award Management (SAM.gov), about civil, criminal, or administrative proceedings described in paragraph (b) of this award term is current and complete. This is a statutory requirement under section 872 of Public Law 110-417, as amended (41 U.S.C. 2313). As required by section 3010 of Public Law 111-212, all information posted in responsibility/qualification records in SAM.gov on or after April 15, 2011 (except past performance reviews required for Federal procurement contracts) will be publicly available.
(b) Proceedings About Which You Must Report.
(1) You must submit the required information about each proceeding that—
(i) Is in connection with the award or performance of a grant, cooperative agreement, or procurement contract from the Federal Government;
(ii) Reached its final disposition during the most recent five-year period; and
(iii) Is one of the following—
(A) A criminal proceeding that resulted in a conviction;
(B) A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more;
(C) An administrative proceeding that resulted in a finding of fault and liability and your payment of either a monetary fine or penalty of $5,000 or more or reimbursement, restitution, or damages in excess of $100,000; or
(D) Any other criminal, civil, or administrative proceeding if—
(1) It could have led to an outcome described in paragraph (b)(1)(iii)(A) through (C);
(2) It had a different disposition arrived at by consent or compromise with an acknowledgment of fault on your part; and
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16 (3) The requirement in this award term to disclose information about the proceeding does not conflict with applicable laws and regulations.
(c) Reporting Procedures.
Enter the required information in SAM.gov for each proceeding described in paragraph (b) of this award term. You do not need to submit the information a second time under grants and cooperative agreements that you received if you already provided the information in SAM.gov because you were required to do so under Federal procurement contracts that you were awarded.
(d) Reporting Frequency.
During any period of time when you are subject to the requirement in paragraph (a) of this award term, you must report proceedings information in SAM.gov for the most recent five-year period, either to report new information about a proceeding that you have not reported previously or affirm that there is no new information to report. If you have Federal contract, grant, and cooperative agreement awards with a cumulative total value greater than $10,000,000, you must disclose semiannually any information about the criminal, civil, and administrative proceedings.
(e) Definitions.
For purposes of this award term—
Administrative proceeding means a non-judicial process that is adjudicatory in nature to make a determination of fault or liability (for example, Securities and Exchange Commission Administrative proceedings, Civilian Board of Contract Appeals proceedings, and Armed Services Board of Contract Appeals proceedings). This includes proceedings at the Federal and State level but only in connection with the performance of a Federal contract or grant. It does not include audits, site visits, corrective plans, or inspection of deliverables.
Conviction means a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere.
Total value of currently active grants, cooperative agreements, and procurement contracts includes the value of the Federal share already received plus any anticipated Federal share under those awards (such as continuation funding).
APPENDIX 5 – Specific Award Conditions
NONE.
APPENDIX 6 – Conflict of Interest Requirements
1. Conflicts Subject to Procurement Regulations. When procuring property or services, the grantee and its subrecipients shall comply with the applicable conflict-of-interest rules in 2 CFR 200.317 and 2 CFR 200.318(c). In all cases not governed by 2 CFR 200.317 and 2 CFR FY 2024 COMMUNITY PROJECT FUNDING
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17 200.318(c), the Grantee and its subrecipients must follow the requirements contained in paragraphs 2-5 below.
2. General prohibition. No person who is an employee, agent, consultant, officer, or elected or appointed official of the Grantee or subrecipient and who exercises or has exercised any functions or responsibilities with respect to assisted activities, or who is in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from the activity, or have a financial interest in any contract, subcontract, or agreement with respect thereto, or the proceeds thereunder, either for himself or herself or for those with whom he or she has immediate family or business ties, during his or her tenure or for one year thereafter. Immediate family ties include (whether by blood, marriage, or adoption) the spouse, parent (including a stepparent), child (including a stepchild), sibling (including a stepsibling), grandparent, grandchild, and in-laws of a covered person.
3. Exceptions. HUD may grant an exception to the general prohibition in paragraph (ii) upon the Grantee’s written request and satisfaction of the threshold requirements in paragraph (iv), if HUD determines the exception will further the Federal purpose of the award and the effective and efficient administration of the Grantee’s Project, considering the cumulative effects of the factors in paragraph (v).
4. Threshold requirements for exceptions. HUD will consider an exception only after the Grantee has provided the following documentation:
a. A disclosure of the nature of the conflict, accompanied by an assurance that there has been public disclosure of the conflict and a description of how that disclosure was made; and
b. An opinion of the Grantee's attorney that the interest for which the exception is sought would not violate state or local law.
5. Factors to be considered for exceptions. In determining whether to grant a requested exception after the Grantee has satisfactorily met the threshold requirements in paragraph (iii), HUD will consider the cumulative effect of the following factors, where applicable:
a. Whether the exception would provide a significant cost benefit or an essential degree of expertise to the program or project that would otherwise not be available;
b. Whether an opportunity was provided for open competitive bidding or negotiation;
c. Whether the person affected is a member of a group or class of low- or moderate- income persons intended to be the beneficiaries of the assisted activity, and the exception will permit such person to receive generally the same interests or benefits as are being made available or provided to the group or class;
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18 d. Whether the affected person has withdrawn from his or her functions or responsibilities, or the decision-making process regarding the assisted activity in question;
e. Whether the interest or benefit was present before the affected person was in a position as described in paragraph (ii);
f. Whether undue hardship will result either to the Grantee or the person affected when weighed against the public interest served by avoiding the prohibited conflict; and
g. Any other relevant considerations.
6. Disclosure of potential conflicts of interest. The Grantee must disclose in writing to HUD any potential conflict of interest.
APPENDIX 7 – Award Term Regarding Trafficking in Persons
The following award term and condition, which is required by 2 CFR part 175, applies as written:
(a) Provisions applicable to a grantee that is a private entity.
(1) Under this award, the grantee, its employees, subrecipients under this award, and subrecipient's employees must not engage in:
(i) Severe forms of trafficking in persons;
(ii) The procurement of a commercial sex act during the period of time that this award or any subaward is in effect;
(iii) The use of forced labor in the performance of this award or any subaward; or
(iv) Acts that directly support or advance trafficking in persons, including the following acts:
(A) Destroying, concealing, removing, confiscating, or otherwise denying an employee access to that employee's identity or immigration documents;
(B) Failing to provide return transportation or pay for return transportation costs to an employee from a country outside the United States to the country from which the employee was recruited upon the end of employment if requested by the employee, unless:
(1) Exempted from the requirement to provide or pay for such return transportation by the Federal department or agency providing or entering into the grant or cooperative agreement; or
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19 (2) The employee is a victim of human trafficking seeking victim services or legal redress in the country of employment or a witness in a human trafficking enforcement action;
(C) Soliciting a person for the purpose of employment, or offering employment, by means of materially false or fraudulent pretenses, representations, or promises regarding that employment;
(D) Charging recruited employees a placement or recruitment fee; or
(E) Providing or arranging housing that fails to meet the host country's housing and safety standards.
(2) The Federal agency may unilaterally terminate this award or take any remedial actions authorized by 22 U.S.C. 7104b(c), without penalty, if any private entity under this award:
(i) Is determined to have violated a prohibition in paragraph (a)(1) of this appendix; or
(ii) Has an employee that is determined to have violated a prohibition in paragraph (a)(1) of this this appendix through conduct that is either:
(A) Associated with the performance under this award; or
(B) Imputed to the grantee or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, “OMB Guidelines to Agencies on Government-wide Debarment and Suspension (Nonprocurement),” as implemented by HUD at 2 CFR part 2424.
(b) Provision applicable to a grantee other than a private entity.
(1) The Federal agency may unilaterally terminate this award or take any remedial actions authorized by 22 U.S.C. 7104b(c), without penalty, if a subrecipient that is a private entity under this award:
(i) Is determined to have violated a prohibition in paragraph (a)(1) of this appendix; or
(ii) Has an employee that is determined to have violated a prohibition in paragraph (a)(1) of this appendix through conduct that is either:
(A) Associated with the performance under this award; or
(B) Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, “OMB Guidelines to Agencies on Government-wide Debarment and Suspension (Nonprocurement),” as implemented by HUD at 2 CFR part 2424.
(c) Provisions applicable to any grantee.
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20 (1) The grantee must inform the Federal agency and the Inspector General of the Federal agency immediately of any information you receive from any source alleging a violation of a prohibition in paragraph (a)(1) of this appendix.
(2) The Federal agency's right to unilaterally terminate this award as described in paragraphs (a)(2) or (b)(1) of this appendix:
(i) Implements the requirements of 22 U.S.C. 78, and
(ii) Is in addition to all other remedies for noncompliance that are available to the Federal agency under this award.
(3) The grantee must include the requirements of paragraph (a)(1) of this award term in any subaward it makes to a private entity.
(4) If applicable, the grantee must also comply with the compliance plan and certification requirements in 2 CFR 175.105(b).
(d) Definitions. For purposes of this award term:
“Employee” means either:
(1) An individual employed by the grantee or a subrecipient who is engaged in the performance of the project or program under this award; or
(2) Another person engaged in the performance of the project or program under this award and not compensated by the grantee including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in-kind contribution toward cost sharing requirements.
“Private Entity” means any entity, including for-profit organizations, nonprofit organizations, institutions of higher education, and hospitals. The term does not include foreign public entities, Indian Tribes, local governments, or states as defined in 2 CFR 200.1.
The terms “severe forms of trafficking in persons,” “commercial sex act,” “sex trafficking,” “Abuse or threatened abuse of law or legal process,” “coercion,” “debt bondage,” and “involuntary servitude” have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. 7102).
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21 APPENDIX 8 – Certification Regarding Lobbying
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
_________________________________________________
(Signature of Authorized Official)
_________________________________________________
(Typed Name and Title of Authorized Official)
_________________________________________________
(Date)
NOTE: This certification is not required for Federally recognized Indian tribes and Tribally Designated Housing Entities (TDHEs) established by a federally recognized Indian tribe through the tribe’s sovereign power. However, this exemption does not apply to State-recognized Indian tribes and TDHEs established under State law.
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22 Name of Authorized Official:
Position/Title:
Signature:
X
Date (mm/dd/yyyy):
/ /
FY2024
ECONOMIC DEVELOPMENT INITIATIVE -
COMMUNITY PROJECT FUNDING
GRANT GUIDE
(In accordance with the
Consolidated Appropriations Act, 2024, P.L. 118-42 and
the Further Consolidated Appropriations Act, 2024, P.L. 118-47) VERSION 1.0
August 19, 2024
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
Office of the Deputy Assistant Secretary for Economic Development Office of Economic Development
Congressional Grants Division
Washington, DC 20410
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FY2024 Community Project Funding Grant Guide (Version 1.0) Table of Contents
SECTION 1: BACKGROUND AND PURPOSE 4
SECTION 2: GRANT AWARD PROCESS AND INSTRUCTIONS 6
2.1 Grant Award Process 6
2.2 DRGR Overview 8
2.2.1 How to Create A DRGR Account 9
2.2.1.1 How to Request New User(s) 9
2.2.1.2 Creating Roles in DRGR 10
2.2.2 Verify Your UEI & Tax Identification Number (TIN) 11
2.2.3 How to Complete Your Grant Package 12
2.2.3.1 Project Manager 14
2.2.3.2 Additional Point(s) of Contact 15
2.2.3.3 Responsible Entity’s Contact Information 15
2.2.3.4 Congressional District(s) 16
2.2.3.5 Subrecipient(s) 17
2.2.3.6 Project Scope 18
2.2.3.7 Project Narrative 18
2.2.3.8 Project Location 20
2.2.3.9 Funding Narrative 21
2.2.3.10 Project Activities 22
2.2.3.11 Grantee’s Fiscal Year 22
2.2.3.12 Project Budget 23
2.2.3.13 CPF Budget 23
2.2.3.14 Indirect Cost Rate 24
2.2.3.15 Disclosures 26
2.2.3.16 Environmental Review Status 27
2.2.3.17 Disclosure of Lobbying Activities 28
2.2.3.18 Assurances 30
2.2.3.19 Direct Deposit 30
2.2.3.20 Annual Single Audit 32
2.2.3.21 Miscellaneous 32
2.2.3.22 Validating Grant Package 32
2.2.3.23 Submitting Grant Package 33
2.3 Detailed Instructions 37
2.3.1 Grant Award Conditions 37
2.3.2 Requesting Changes to Approved Project Narrative or Budget 37
2.3.3 SF-424: Application for Federal Assistance 38
2 37 ment 6: Sample Narrative Outline and Example………………………………………………………………… ............................................................................................ ............................................................................ ................................................................................................ ..................................................
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FY2024 Community Project Funding Grant Guide (Version 1.0) SECTION 3: FEDERAL REQUIREMENTS 40
3.1 Requirements Under the Consolidated Appropriations Act, 2024 (P.L. 118-42) and Further Consolidated Appropriations Act, 2024 (P.L. 118-47) 40
3.2 Cross Cutting Federal Requirements 41
3.3 Detailed Environmental Review Guidance for FY2024 CPF Grants 55
3.3.1 Contacts and Project-Specific Assistance 55
3.3.2 Legal Framework and Policy 55
3.3.3 CPF Environmental Review Scenarios 58
3.3.4 Resources 62
3.4 Build America, Buy America (BABA) Act Guidance for FY2024 CPF Grants 64 SECTION 4: CONTACT INFORMATION FOR GRANT OFFICERS, SYSTEM OFFICERS, AND REGIONAL ENVIRONMENTAL OFFICERS 65
SECTION 5: ATTACHMENTS 66
Attachment 1: Grant Agreement Submission Checklist 67
Attachment 2: Direct Deposit Sign-Up Form (SF-1199A) 68 Attachment 3: Change of Address Request (HUD-27056) Form 69 Attachment 4: Ask-A-Question (AAQ): Technical Assistance Guide 70 Attachment 5: CPF Frequently Asked Questions (FAQs) 72
Attachment 6: Sample Narrative Outline and Example…………………………………………………………………Attach Attachment 7: Sample Budget 77
3 FY2024 Community Project Funding Grant Guide (Version 1.0) Section 1 / Version 1 / August 19, 2024 4
SECTION 1: BACKGROUND AND PURPOSE
The Consolidated Appropriations Act, 2024, and the Further Consolidated Appropriations Act, 2024, (“the FY2024 Acts”) provide $3,289,054,336 in Economic Development Initiative (EDI) funding for the purpose of making Community Project Funding (CPF)/Congressionally directed grants. These Fiscal Year 2024 (FY2024) CPF grants will be administered by the Congressional Grants Division (CGD) of the U.S. Department of Housing and Urban Development (HUD).
This “FY2024 Economic Development Initiative Community Project Funding Grant Guide” (FY2024 CPF Grant Guide) provides information for Congressionally-designated recipients that have yet to execute their Grant Agreement with HUD (“prospective grantees") on the requirements that govern these funds, as provided by the FY2024 Act, and the cross-cutting requirements that generally apply to all HUD awards as provided by HUD regulations and other applicable Federal regulations and statutes.
This FY2024 CPF Grant Guide also provides instructions on how to complete the requested information and fill out the required forms to execute your Grant Agreement in HUD’s Disaster Recovery Grant Reporting (DRGR) financial and reporting system.
DRGR is a web-based system used to automate the management of program requirements and voucher payments issued by HUD. This system will enable you to process requests for payment of CPF grant funds and to submit periodic reports on the use of those funds.
This FY2024 CPF Grant Guide applies only to FY2024 CPF grants. FY22 and FY23 grantees should refer to their respective CPF Grant Guides on the HUD CPF website.
The remainder of this FY2024 Grant Guide includes:
• Section 2 – Grant Award Process and Instructions: Walks you through the FY2024 CPF grant award process and gives you instructions for executing the Grant Agreement and steps to request payment(s).
• Section 3 – Federal Requirements: Details the Federal regulations that apply to these grant funds.
• Section 4 – Contact Information for Grant Officers, System Officers, and Regional Environmental Officers: Gives contact information for CPF Grant Officers, CPF System Officers, and the environmental review specialists who support you through the grant life cycle.
• Section 5 – Attachments: Provides attachments including documents required in the Grant Award process.
HUD will use the process outlined in this FY2024 CPF Grant Guide to administer FY2024 CPF grants as directed by Congress in the FY2024 Acts. Subject to the applicable conditions in these or later appropriations acts, HUD is required to award these grants in accordance with the specific “recipient,” “project,” and “amount” information provided in the “Community Project Funding/Congressionally Directed Spending” table on pages S1967 through S2184 of the FY2024 Community Project Funding Grant Guide (Version 1.0)
Congressional Record for March 5, 2024
(https://www.congress.gov/118/crec/2024/03/05/170/39/CREC-2024-03-05.pdf). The second of the two FY2024 Acts made just two changes with respect to this table: (1) it added an addendum to the table to provide for a FY2024 CPF grant of $850,000 to the Town of Normal for “Town of Normal Street Upgrades to Increase Safety” (which the addendum identifies as a project requested by Representative Sorensen of Illinois) and (2) it changed the “project” for which Workforce Housing Coalition Western Maine Mountains was designated to receive a FY2024 CPF grant from “Kingfield Multi-Family Housing” to “Multi-Family Housing.” To avoid confusion, this guide will refer to the table with these two changes as the “Amended CPF Grants Table.” Section 1 / Version 1 / August 19, 2024 5
FY2024 Community Project Funding Grant Guide (Version 1.0) SECTION 2: GRANT AWARD PROCESS AND INSTRUCTIONS
2.1 Grant Award Process
At a high level, the grant award process is as follows:
1. HUD creates grantees’ accounts in DRGR.
2. HUD, via DRGR, emails you the Grant Award Package, including the Grant Agreement, Letter of Invitation (LOI), and this Grant Guide along with instructions to complete the required materials. Your CPF application consists of the project narrative, project budget, and required standard forms, and will be completed in DRGR.
3. You submit the required complete package in DRGR by the Authorized Representative who has legal authority to sign on behalf of your organization.
4. HUD reviews the completed grant package in DRGR to ensure that the project narrative and budget are aligned with your Congressionally-directed project description.
5. Once your materials are determined to be complete and accurate, HUD will execute and return your Grant Agreement via DRGR.
6. You should also initiate and complete your environmental review and consult with your HUD Regional Environmental Officer (REO) and/or Responsible Entity (RE), as necessary.
NOTE: CPF grants, like all awards funded by HUD, are subject to requirements under the National Environmental Policy Act (NEPA), HUD’s NEPA-implementing regulations are located at 24 CFR Part 50 or 24 CFR Part 58, and all appropriate federal environmental and historic preservation laws, regulations, and Executive Orders. CPF grantees must have a completed environmental review (and, where applicable, an approved Request for Release of Funds and Certification (HUD-7015.15), as explained in Section 3.3 below) before committing or expending Federal or non-Federal funds towards choice-limiting actions or undertaking choice-limiting actions on the project. Further explanation of HUD’s NEPA requirements are detailed in Section 3.
Instructions for submitting your FY2024 CPF grant materials and requesting payment are below. A checklist of the grant award process is provided in Section 5.
If you have questions about the grant award process, please contact your CPF Grant Officer listed in Section 4 of this guide.
Section 2 / Version 1 / August 19, 2024 6
FY2024 Community Project Funding Grant Guide (Version 1.0) Section 2 / Version 1 / August 19, 2024 7
GRANT AWARD PROCESS
HUD sends Grant
Award Packet
FY2024 CPF Grant Award Packet includes:
• FY2024 CPF Letter of Invitation (LOI);
• FY2024 CPF Grant Guide;
• FY2024 CPF Grant Agreement; and
• link to Direct Deposit Sign-Up Form (SF-1199A)
Standard Forms generated by DRGR system:
• Assistance Award/Amendment (HUD-1044) (also attached to your LOI) • Application for Federal Assistance (SF-424)
• Assurances for Non-Construction Projects (SF-424B)
• Assurances for Construction Projects (SF-424D)
Standard Forms not generated by DRGR system:
• Direct Deposit Sign-Up Form (SF-1199A) (Also, see Attachment 2.) Prospective Grantee
Required Documents
You provide the following information in DRGR:
1. Project Narrative
2. Project Budget
3. SF-1199A
The SF-1199A will need to be downloaded, completed (by you and your Financial Institution) and uploaded into DRGR.
Please note: The information identifying the “Applicant,” “Grantee,” or “Recipient” on each document transmitted to HUD must correspond to the “Recipient” specified in the Amended CPF Grants Table.
Registration
Required
All entities doing business with the federal government must register in SAM.gov (SAM) and use a Unique Entity ID (UEI) created in SAM.gov. The UEI replaced the DUNS number, which was phased out in April of 2022. More information on this requirement is below in the Federal Requirements section in Section 3.
The UEI needs to be established in SAM before you complete and transmit your SF-424(s) and the Grant Agreement to HUD, because the UEI must be included on both those documents.
How to Submit
Required
Information
With the exception of the SF-1199A, required CPF application materials must be completed in DRGR.
NOTE: The SF-1199A must be uploaded into DRGR before submitting the entire grant packet for HUD’s review.
When to Submit HUD strongly recommends that you submit these materials as soon as possible.
Please contact your System Officer (listed in Section 4) for assistance with accessing DRGR or your Grant Officer (listed in Section 4) for assistance with completing your materials in DRGR.
FY2024 Community Project Funding Grant Guide (Version 1.0) Section 2 / Version 1 / August 19, 2024 8
Requesting Payment After the grant agreement has been signed by you and then HUD, HUD will of Grant Funds return the executed Grant Agreement to you along with the “Grant Award Instructions.” The instructions will include steps for setting up your Action Plan in DRGR.
Once your Action Plan is created in DRGR and approved by HUD (including entry of budget information consistent with the approved budget attached to your executed Grant Agreement), you may begin requesting payment(s) in accordance with your approved budget. However, to receive payment(s) for hard costs, you will also need to have a completed project-specific environmental review.
Additional information and tutorials on DRGR are available on HUD Exchange here: https://www.hudexchange.info/programs/drgr/.
As a reminder, payment of soft costs, covered by HUD’s nationwide environmental review for CPF soft costs, can be made once your Grant Agreement is executed by HUD; however, payment of hard costs can only be made after your Grant Agreement is executed by HUD AND a project-specific environmental review is completed.
Support CPF Grant Officers, listed in Section 4, are assigned by state and territory. Your Grant Officer can assist you with the completion of the required documents and answer any questions you may have regarding the materials that you will submit.
System Officers, listed in Section 4, are also assigned by state and territory. Your System Officer can assist you with DRGR technical assistance.
REOs provide technical assistance to grantees and local government REs on the environmental review process and coordinate Part 50 concept meetings to determine the level of environmental review, consultation needs, and a timeline. Contact your HUD REO, listed in Section 4, with your technical assistance request(s) regarding the environmental review process.
2.2 DRGR Overview
This section provides you with instructions on setting up your DRGR profile, requesting payments, and submitting your semiannual reports.
DRGR was established for special appropriations, such as disaster grants, but has been extended to include other special-purpose programs and appropriations. The system is primarily used by grantees to access grant funds and report performance accomplishments for grant-funded activities.
DRGR allows grantees to tell their story to Congress, the public, and other stakeholders on project(s) progress and related activities. Additionally, if a grantee has turnover, DRGR is a repository of data for new staff.
FY2024 Community Project Funding Grant Guide (Version 1.0) DRGR is used by HUD staff to review grant-funded activities. Once your grant is set up in DRGR, HUD will review your information and unblock the grant to permit withdrawals after they are approved.
Grantees will draw down funds by creating vouchers that list amounts by specific activity. You will also submit performance reports semi-annually by using the structure established in DRGR.
2.2.1 How to Create A DRGR Account
HUD staff will request the initial DRGR account creation for the grantee administrator user.
Once the Authorized Representative receives access to DRGR, the Authorized Representative can request additional users by logging into https://drgr.hud.gov/DRGRWeb, using the ID and password provided by HUD. The Authorized Representative will submit a new user request via the “Request New User” link in the Admin Module to give the requisite additional staff access to DRGR.
If the user did not receive an email granting access to the system, please check with the Authorized Representative. To request a new account, modify an existing account, or request a deactivation, please contact your designated System Officer and copy the CPF mailbox at [email protected].
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2.2.1.1 How to Request New User(s)
DRGR does not allow a grantee user to both create/request and approve a voucher. You must assign and maintain at least two (2) DRGR user accounts – one for creating vouchers for payment and one to approve vouchers. Additionally, grantee administrators can establish the request user roles along with roles for action plan submission.
If you have a DRGR or Integrated Disbursement and Information System (IDIS) account, you can reuse your log-in account credentials to log into DRGR to access your CPF grant.
FY2024 Community Project Funding Grant Guide (Version 1.0) Administration: User Certification
As part of the account request
process other HUD or grantee
admin users will “certify” the need
for the user to access the system.
HUD staff certify grantee admin
users and then grantee admin
users certify other grantee users.
Users have to be recertified each
six months. If this does not occur
users will not have access to
DRGR. Grantee administrators can
use this screen to remove staff
access if they no longer work at
the grantee or on the grants.
They can also submit a separate
deactivation request for the
profile, as needed
12 2.2.1.2 Creating Roles in DRGR
Click the ‘Crown icon” and then click the “request new user” icon.
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FY2024 Community Project Funding Grant Guide (Version 1.0) Administration: User Management
N/AOnly one draw role
allowed per user
N/A If these are
10required
2.2.2 Verify Your UEI & Tax Identification Number (TIN) Once you login to DRGR, select the crown icon to open your Administration menu and select “Manage Grantee.”
Review the information on the “Manage Grantee” page to confirm that your UEI and Tax Identification Number (TIN) are accurately displayed.
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FY2024 Community Project Funding Grant Guide (Version 1.0) If the UEI or TIN is inaccurate, please email the needed correction to your System Officer listed in Section 4.
2.2.3 How to Complete Your Grant Package
When you login into DRGR, select the grant number from the drawdown menu on the Task bar.
Next click “Manage Grant Package” under the Grant Packages section.
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FY2024 Community Project Funding Grant Guide (Version 1.0) Once you have selected “Manage Grant Package,” you will arrive to the Grant Processing Module home page. You will complete all the required and applicable sections.
On this screen, please take a moment to review your grant information and status. • Grant Number: Grant number assigned to your grant award. • Grantee Name: Grantee’s organization (“Recipient” as assigned by the Amended CPF Grants Table). • Authorized Contact: Your authorized contact for your grant award. • Grant Package Status: The current status of your grant package in the review and approval process. • Project Description: The legal description of your project in the Amended CPF Grants Table. • Recipient Address: Grantee’s legal address.
• Congressional Requestor(s): The sponsoring Congressional member(s) per the Amended CPF Grants Table.
• Grant Officer Manager: Your assigned CPF Grant Officer. • Grant Status: The status of your grant.
If you believe any of the above information needs to be changed, please email your CPF Grant Officer.
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FY2024 Community Project Funding Grant Guide (Version 1.0)
2.2.3.1 Project Manager
To begin, click the “Edit” icon to the far right of “Project Manager.” Please provide the contact information of the main point of contact serving as the Project Manager for the grant. Select “Complete” then click “Save.”
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FY2024 Community Project Funding Grant Guide (Version 1.0)
2.2.3.2 Additional Point(s) of Contact
Next you have the option to add up to two (2) additional contacts. The two (2) additional contacts will be copied on all DRGR notifications sent for the grant. Click the “Edit” icon to the far right of “Additional Contact (1) and/or (2).”
“Complete,” and then click “Save.”
Complete the information for each additional contact, select
2.2.3.3 Responsible Entity’s Contact Information
Next click the “Edit” icon to the far right of “Environmental Review Contact.” Please provide the contact information of the individual who is completing the environmental review for your grant. If you have not identified the individual, please enter the Project Manager’s contact information. Once done, select “Complete” then click “Save.”
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FY2024 Community Project Funding Grant Guide (Version 1.0)
2.2.3.4 Congressional District(s)
Next click the “Edit” icon to the far right of “Congressional Districts.” Please provide the Congressional District for your grant.
Enter the Congressional District in the format: 2-character State Abbreviation and 3-character District Number. Examples: CA-005 for California’s 5th district, CA-012 for California’s 12th district. If all districts in a state are affected, enter “all” for the district number. Example: MD-all for all congressional districts in Maryland. If nationwide (all districts in all states), enter US-all. If the program/project is outside the US, enter 00-000.
If you’re unsure of your district number, try the following:
1) Go to https://www.house.gov and enter your organization’s zip code under the “Find Your Representative” heading in the middle-left of the website. 2) The name of your representative, along with his or her district number, will appear in the results. If a district is described as “at large”, then the congressional district number should be entered “001.”
3) In some cases, the results will return two representatives and two congressional districts. This happens when “the information you provided [your zip code] overlaps multiple congressional districts”. You will then be asked to provide your street address, city and state, and then to click “Find Your Rep By Address.” This additional search will return a single name and a single congressional district.
Once done, select “Complete” then click “Save.”
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FY2024 Community Project Funding Grant Guide (Version 1.0)
2.2.3.5 Subrecipient(s)
Use of subrecipients is subject to the conditions provided in Article III, section H of the Grant Agreement. If you intend to subaward a portion, or all, of your grant funds to a subrecipient, and have already identified that subrecipient, then that organization’s name, UEI, and an overview of their role, responsibilities, and functions to be carried out on this project must be included in the project narrative. The use of subrecipients does not relieve you of responsibility for your grant. You are responsible for all coordination with HUD on accessing all CPF grant funds, amendment requests, reporting, correspondence, grant closeout, and all other grant requirements. You are responsible for ensuring that the subrecipient(s) complies with all grant requirements. Further, you are required to ensure that your subrecipient(s) is not debarred, suspended, or otherwise excluded from or ineligible for participation in Federal programs or activities.
Next click the “Edit” icon to the far right of “Subrecipient Applicability.” Please indicate if you will use a Subrecipient. Once done, select “Complete” then click “Save.” Next click the “Edit” icon to the far right of “Subrecipients.” Please provide the name of your subrecipient, name of the subrecipient’s point of contact, phone number, and email address. Please repeat this step for each subrecipient you plan to use. There is no limit on the number of subrecipients that can be added.
Once done, select “Complete” then click “Save.”
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FY2024 Community Project Funding Grant Guide (Version 1.0)
2.2.3.6 Project Scope
Next click the “Edit” icon to the far right of “Project Scope.” Please provide information about the set boundaries on your project and define exactly what goals, deadlines, and project deliverables you’ll be working towards. Once done, select “Complete” then click “Save.”
2.2.3.7 Project Narrative
Content: Your Project Narrative must include sufficient scope and information about the ENTIRE affected project (not limited to the portion funded by your grant) to inform the environmental review process. Project activities must be grouped together and evaluated as a single project for all individual activities which are related either on a geographical or functional basis, or both, or are logical parts of a composite of contemplated actions. More information on HUD’s aggregation principles can be found at 24 CFR 58.32.
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Your Project Narrative must also make clear which portion of the project, or specific project activities, will be funded using the FY2024 CPF grant funds.
In anticipation of the required semi-annual reporting on activity types and annual reports on “Section 3 Economic Opportunity Part 75” accomplishments, the narrative should provide anticipated project
FY2024 Community Project Funding Grant Guide (Version 1.0) goals, outputs, or outcomes, including “Section 3 Economic Opportunity Activity Performance Measures.”
The Project Narrative should include:
• Project Name: Identify the “project.” This must be consistent with the “project” specified in the Amended CPF Grants Table.
• Project Purpose: Provide a brief one sentence summary. • Project Scope:
o What will the CPF grant be used for?
▪ Identify general activity categories and specify what the grant award will be used for.
o Is the CPF funded project part of a larger project?
▪ If so, please provide a brief description of the broader project. o Has the project started? If so, please provide a brief overview of the status of the project. ▪ If the project has been started, did you initiate a HUD NEPA environmental review? • Please review HUD’s environmental review requirements in Section 3. ▪ For basic questions about the environmental review requirements or process, please reach out to the Environmental Review Ask A Question Help Desk. (See Section 5 for directions.)
▪ For project specific questions about environmental reviews, reach out to the Regional Environmental Officers listed in Section 3 below. o Will you be using a subrecipient to implement any part of the project? (Please note HUD’s conditions on using subrecipients, which are specified in Article III, section H of the Grant Agreement) and highlighted below. • Proposed Subrecipient(s): If you intend to subaward a portion, or all, of your grant funds to a subrecipient, and have already identified that subrecipient, then include that organization’s name, UEI, and an overview of their role, responsibilities, and functions to be carried out on this project.
Next click the “Edit” icon to the far right of “Project Description.” Please provide a comprehensive project overview in accordance with the instructions above. Once done, select “Complete” then click “Save.”
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FY2024 Community Project Funding Grant Guide (Version 1.0)
2.2.3.8 Project Location
Next click the “Edit” icon to the far right of “Project Location.” Please provide details about the area(s) where the Project materials, equipment, and any other efforts, as described in the Scope of Work, are installed, and the general area(s) where the Work is performed. Once done, select “Complete” then click “Save.”
Next click the “Edit” icon to the far right of “Project Address.” Please provide the street address of the project. If the project does not have a physical street at the time of submission, please provide the address of the organization. Then in the Geographic Location, please provide GPS latitude and longitude of your project. Once done, select “Complete” then click “Save.” Next click the “Edit” icon to the far right of “Geographic Location.” This section is optional, if you already provided an address for the activity in the “Project Address.” However, if your project has multiple addresses for the activity, please provide the additional addresses in this section.
Also, provide the GPS latitude and longitude of your project if you do not have a physical location.
Once done, select “Complete” then click “Save.”
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FY2024 Community Project Funding Grant Guide (Version 1.0) Next click the “Edit” icon to the far right of “Project Map – Image 1.” Please provide an image of your project location. Once done, select “Complete” then click “Save.” Repeat the same step for Project Map – Image 2 through Image 5, if applicable, to attach additional images.
2.2.3.9 Funding Narrative
Next click the “Edit” icon to the far right of “CPF Funding Description.” Please provide clear, detailed information for which portion of the project, or specific project activities, that will be funded using CPF funds. Once done, select “Complete” then click “Save.” Section 2 / Version 1 / August 19, 2024 21
FY2024 Community Project Funding Grant Guide (Version 1.0)
2.2.3.10 Project Activities
Next click the “Edit” icon to the far right of “Activities Applicability.” Please select the activity type(s) that best align to your projects. Once done, select “Complete” then click “Save.”
2.2.3.11 Grantee’s Fiscal Year
Next click the “Edit” icon to the far right of “Reporting Period.” Please select the date range that aligns with your organization’s fiscal year. Once done, select “Complete” then click “Save.” Section 2 / Version 1 / August 19, 2024 22
FY2024 Community Project Funding Grant Guide (Version 1.0)
2.2.3.12 Project Budget
HUD needs a line-item budget of your project’s funding source(s).
Next click the “Edit” icon to the far right of “SF-424 Budget.” Please enter the total CPF Award Amount in Federal Estimated Funding. Complete this section by providing the full project budget total. If other Federal funds are included the project, place the total “Other Estimated Funding.” In “Data Section” provide the name of funding source for the project. (i.e. CPF Award, CDBG, Local Development Fund). Once done, select “Complete” then click “Save.”
2.2.3.13 CPF Budget
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FY2024 Community Project Funding Grant Guide (Version 1.0)
As defined by 2 CFR 200.1, “budget” means the financial plan for the Federal award that the Federal awarding agency or pass-through entity approves during the Federal award process or in subsequent amendments to the Federal award.
As such, HUD needs a line-item budget to include costs for the CPF portion(s) of your project. PLEASE NOTE: The CPF portion of the line-item budget must add up to the full grant amount. The line-item budget does not have to be explicit in the use of funds under a line item, provided that the Project Narrative and line-item budget provide enough detail as a whole for HUD to make a reasonable determination that the grant-funded costs are consistent with the Congressional authorization.
All pertinent budgetary information should be listed and explained, such as:
• the overall amount for predevelopment costs;
• construction, renovation, and rehabilitation costs;
• acquisition, demolition, and site preparation;
• architectural and engineering fees;
• initial set asides for revolving loan funds; and
• administrative costs.
As provided by the FY2024 Acts, eligible expenses under the grant may include administrative, planning, operations and maintenance, and other costs that are reasonable and necessary to carry out the “Project” specified in the Amended CPF Grants Table.
Next click the “Edit” icon to the far right of “CPF Cost Budget.” Please provide the detailed budget for use of the CPF funding. Enter the name and amount for the line item, then click “Add row.” Repeat steps until the total CPF Budget has been allocated. The total CPF Cost Budget must match the “Federal Estimated Funding” amount entered on the SF-424. Once done, select “Complete” then click “Save.”
2.2.3.14 Indirect Cost Rate
Next click the “Edit” icon to the far right of “CPF Cost Indirect Cost Budget.” Please select the applicable cost rate. If you use a Federal Negotiated Indirect Cost Rate, enter the name of the cognizant agency for indirect costs, the approved Indirect Cost Rate, the budgeted Indirect Cost, and Section 2 / Version 1 / August 19, 2024 24
FY2024 Community Project Funding Grant Guide (Version 1.0) answer the questions. Please ensure the “CPF Cost Budget” Includes a line-item reflecting the indirect cost rate. Once done, select “Complete” then click “Save.” Click on the “Documents” tab, then click “Add Document.” Section 2 / Version 1 / August 19, 2024 25
FY2024 Community Project Funding Grant Guide (Version 1.0) Next click “Public” then click “Choose File.” Search your PC and select the desired file then click “Open.”
Next click “Save.”
The file will be saved in the Supporting Documents then click “Details.”
2.2.3.15 Disclosures
Next click the “Edit” icon to the far right of “Financial Disclosures.” Please answer all the applicable questions that apply to your organization.
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FY2024 Community Project Funding Grant Guide (Version 1.0) NOTE: these questions are part of the SF-424.
Once done, select “Complete” then click “Save.”
2.2.3.16 Environmental Review Status
Next click the “Edit” icon to the far right of “HUD Environmental Review Information.” Please answer all the questions related to the status of your HUD review. At a minimum, all questions with an asterisk (*) are required to be completed. Once done, select “Complete” then click “Save.” Section 2 / Version 1 / August 19, 2024 27
FY2024 Community Project Funding Grant Guide (Version 1.0)
2.2.3.17 Disclosure of Lobbying Activities
No appropriated Federal funds may be paid by or on behalf of the applicant, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, or an employee of a member of Congress, in connection with this “application” for Federal assistance or any award of funds resulting from the submission of this “application” for Federal assistance or its extension, renewal, amendment, or modification.
If your organization has paid or will pay funds other than Federal appropriated funds to influence or attempt to influence the persons listed above, you must complete and submit the SF-LLL, as part of your “application” submission package. This form is generated using the information you provide in DRGR.
Exception: Federally recognized Indian tribes and Tribally Designated Housing Entities (TDHE) established by federally recognized Indian tribes as a result of the exercise of the tribe’s sovereign power are excluded from coverage of the Byrd Amendment, and do not have to submit these forms.
State-recognized Indian tribes and TDHEs established only under State law must comply with this requirement.
Next click the “Edit” icon to the far right of “Lobbying Registrant Contact.” If your organization used a Federal Lobbyist, please provide the name and address of your Reporting Entity. Note: If your Section 2 / Version 1 / August 19, 2024 28
FY2024 Community Project Funding Grant Guide (Version 1.0) organization did not use a Federal Lobbyist, enter “Not Applicable” in the required fields. Once done, select “Complete” then click “Save.”
Next click the “Edit” icon to the far right of “Individual Performing Services Contact.” If your organization used a Federal Lobbyist, please provide the name and address of Lobbying Registrant.
Note: If your organization did not use a Federal Lobbyist, enter “Not Applicable” in the required fields. Once done, select “Complete” then click “Save.” Section 2 / Version 1 / August 19, 2024 29
FY2024 Community Project Funding Grant Guide (Version 1.0)
2.2.3.18 Assurances
Next click the “Edit” icon to the far right of “SF424 – Assurances.” Please select the appropriate assurance as this will generate your SF-424B (Non-Construction related) and/or SF-424D (Construction related). For construction projects, grantees will complete both the SF-424B and SF- 424D. Once done, select “Complete” then click “Save.”
2.2.3.19 Direct Deposit
Please download the SF-1199A banking information form
(https://www.gsa.gov/system/files/SF1199A-20.pdf).
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FY2024 Community Project Funding Grant Guide (Version 1.0) Section 2 / Version 1 / August 19, 2024 31
You must complete Section s 1 and 2 of the SF-1199A (see Attachment 2). Your bank or financial institution must complete Section 3 of th is form. Ensure that you include a voided check , deposit slip, or bank letter with this form and upload it to DRGR in accordance with the instructions in Section
2.2.2.14. Section 1: (To be completed by you)
A. Enter grantee’s name, address, and telephone
number
B. Enter grantee’s CPF grant number
C. Enter grantee’s EIN/TIN
D. Check the type of account you want your funds
deposited into
E. Enter the account number you want your funds
deposited into
F. Check “Other” and specify “CPF-Grant”
G. Leave Blank
H. Sign and date the form
Section 2: (Completed by you)
Government Agency Name:
HUD/Office of CPD
Government Agency Address:
451 7th Street, SW, Washington, DC 20410
(Attach voided check or deposit slip)
Section 3: (To be completed by your financial
institution)
Section 1 of this form must be signed and dated by your Authorized Representative. Section 3 must be signed and dated by your financial institution.
Review and verify the contents on this form for accuracy prior to uploading into DRGR. DO NOT MAIL THE COMPLETED FORM TO HUD.
Note: Follow the same steps for attaching documents as provided in Section 2.2.2.14.
Once the form is successfully uploaded, click the “Edit” icon to the far right of “SF-1199A” and answer the questions. Once done, select “Complete” then click “Save.”
FY2024 Community Project Funding Grant Guide (Version 1.0)
2.2.3.20 Annual Single Audit
Next click the “Edit” icon to the far right of “Single Audit Threshold.” Please answer the questions based upon your organization’s last completed fiscal year.
Note: If your organization has completed a Single Audit, please attach a copy in the documents section of DRGR. Follow the same steps for attaching documents as provided in Section 2.2.2.14.
Once done, select “Complete” then click “Save.”
2.2.3.21 Miscellaneous
Next click the “Edit” icon to the far right of “Miscellaneous.” Please provide any additional pertinent information about your grant. Once done, select “Complete” then click “Save.”
2.2.3.22 Validating Grant Package
Once all required sections of the Grant Package sections are completed, the next step is to validate the grant package for errors.
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FY2024 Community Project Funding Grant Guide (Version 1.0) Click on the “Validate Grant Package.”
Once the validation is completed, a success or error(s) message will display. If there are any errors, address the errors by fixing the section(s) identified in the error(s) message.
After completing the validation of the Grant Package, the next step is to submit your package to HUD for review.
2.2.3.23 Submitting Grant Package
Next click on the “Submit Grant Package.”
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FY2024 Community Project Funding Grant Guide (Version 1.0) Note: Please make sure the grant package is submitted by the Authorized Representative. If the Authorized Representative’s name as listed on the Grant Package home page needs to be updated, please email your System Officer, and copy your Grant Officer.
Note:
Next the Authorized Representative will type his/her First Name space Last Name as displaced in the upper right-hand corner of the DRGR system. Click on “Sign Document.” The Grant Package has been submitted to HUD for review and approval.
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FY2024 Community Project Funding Grant Guide (Version 1.0) Once you have completed and submitted the package, DRGR generates all the required documentation. You can obtain copies of the generated documents by clicking the “Documents” tab.
Additionally, you can monitor the grant processing status by checking the Grant Package Status on the Manage Grant Package screen.
To print or download a complete copy of your completed Grant Package, click “View Package.” Section 2 / Version 1 / August 19, 2024 35
FY2024 Community Project Funding Grant Guide (Version 1.0) Then click the “Print” icon or “Word doc” icon in the upper right-hand corner of the TABLE OF CONTENTS.
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FY2024 Community Project Funding Grant Guide (Version 1.0) Section 2 / Version 1 / August 19, 2024 37
2.3 Detailed Instructions
2.3.1 Grant Award Conditions
Grantee or Project is
Awarded More than
One CPF Grant
If a Grantee or Project is awarded more than one CPF grant, HUD will not combine the grants into one grant. Each grant must be processed separately.
Start or Effective Date
of the Grant
The date HUD signs your grant agreement is the start date for your grant’s period of performance and budget period. However, grant funds may be used for costs incurred before this date, provided that:
(1) The soft costs are covered by HUD’s nationwide environmental review for CPF soft costs and are incurred on or after March 9, 2024, or hard costs incurred on or after the later of March 9, 2024, or completion of the required project-specific environmental review; and
(2) The costs would otherwise meet the allowability criteria in 2 CFR 200.403(a) through (g).
Grant End Date To give you the maximum time feasible to complete your project(s), HUD has established August 31, 2032, as the end date of the period of performance and budget period for all FY2024 CPF grants. However, despite what 2 CFR 200.344(b) provides for liquidating obligations incurred under the award and 2 CFR 200.403(h) provides for administrative closeout costs, HUD will NOT be responsible for making any grant payments after the date Treasury closes the account in accordance with 31 U.S.C. § 1552. Because Treasury may close the account up to one week before the September 30th date specified by 31 U.S.C. § 1552, the grantee is advised to make its final request for payment under the grant no later than September 15, 2032.
Assistance Listing
Number
The Assistance Listing number (formerly called the Catalog of Federal Domestic Assistance (CFDA) number) for EDI-CPF grants is 14.251.
2.3.2 Requesting Changes to Approved Project Narrative or Budget Once you receive your fully executed grant agreement, any project and budget change will be subject to the conditions provided by 2 CFR 200.308 and Article III, section C of the Grant Agreement. Any change to the project scope as originally proposed to your Congressional member(s) must be consistent with the conditions that apply to your award under the Consolidated Appropriations Act, 2024, as modified by the Further Consolidated Appropriations Act, 2024 or a later act. HUD does not have the authority to approve changes that depart from these applicable appropriations act conditions. For example, if a grantee wants to change a project from creating a community center to creating a housing complex, HUD will not be able to approve the change unless the Consolidated Appropriations Act, 2024, the Further Consolidated Appropriations Act, 2024, or a later Federal statute authorizes the grant to be used for development of a housing complex. 2 CFR 200.308 allows some changes to be made without HUD approval.
FY2024 Community Project Funding Grant Guide (Version 1.0) To request HUD’s approval of a change to your project narrative or budget (outside of what is allowed in 2 CFR 200.308) after you receive your fully executed Grant Agreement, you must email a formal letter to your Grant Officer requesting HUD to consider an amendment to revise your approved project narrative and/or approved budget. The letter must:
• Be on agency letterhead addressed to the CGD Director; • Be signed by your Authorized Representative;
• Provide justification for the change; and
• Include:
o the revised project narrative and/or revised line-item budget, as applicable; o a detailed explanation of how the change(s) keeps with the intent of Congress; o why the change(s) is needed; and
o the details of the revised narrative or line-item budget.
HUD will email you notifying you whether your amendment was approved or disapproved, with an explanation.
Before you expend grant funds in accordance with any change(s) approved by HUD or otherwise allowed by 2 CFR 200.308, you must update your grant information in DRGR to reflect the change(s).
Amendments to a previously approved project narrative and/or budget may also require a revision of your environmental review for the amended project.
2.3.3 SF-424: Application for Federal Assistance
The SF-424 is the common application form for federal funding. The form provides HUD with basic information about the applicant, the project, and the project funding source. This form is generated using the information you provide in DRGR.
Additional Certifications and Assurances: By going through our process and completing the SF-424 in DRGR, the Authorized Representative will be making the following additional certifications and assurances on behalf of the prospective grantee (“applicant”):
a. The governing body of the applicant’s organization has duly authorized the application for Federal assistance. In addition, by signing and electronically submitting the application, the Authorized Representative certifies that the applicant:
(1) has the legal authority to apply for Federal assistance and the institutional, managerial, and financial capacity (including funds to pay for any non-Federal share of project costs) to plan, manage, and complete the project as described in the application (including the attached project narrative); (2) will provide HUD any additional information it may require; and (3) will administer the award in compliance with the grant requirements as identified in the Grant Agreement or as may otherwise be provided by Federal law. b. Certification Regarding Lobbying. Subject to the exception in item c below, the Authorized Representative certifies, to the best of his or her knowledge and belief, that:
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FY2024 Community Project Funding Grant Guide (Version 1.0) (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
c. Exception to Certification Regarding Lobbying: Federally recognized Indian tribes and Tribally Designated Housing Entities (TDHEs) established by a federally recognized Indian tribe, as a result of the exercise of the tribe’s sovereign power, are excluded from coverage by item b (also known as the Byrd Amendment). However, State-recognized Indian tribes and TDHEs established under State law are not excluded from the statute’s coverage and therefore agree to, and must comply with, item b above.
d. By submitting this application, the applicant and Authorized Representative are affirming that these certifications and assurances are material representations of the facts upon which HUD will rely when making an award to the applicant. The applicant and Authorized Representative understand that providing false or misleading information during any part of the application, award, or performance phase of an award may result in criminal, civil or administrative sanctions, including but not limited to: fines, restitution, and/or imprisonment under 18 USC 287, 1001, 1010, 1012; treble damages and civil penalties under the False Claims Act (31 USC 3729 et seq.); double damages and civil penalties under the Program Fraud Civil Remedies Act (31 USC 3801 et seq.); civil recovery of award funds; suspension and/or debarment from all federal procurement and non-procurement transactions under 2 CFR parts 180 and 2424; and other remedies including termination of the award under 2 CFR 200.339 and 200.340.
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FY2024 Community Project Funding Grant Guide (Version 1.0) Section 3 / Version 1 / August 19, 2024 40
SECTION 3: FEDERAL REQUIREMENTS
The FY2024 CPF Grant Agreement will set forth all applicable regulatory requirements for your grant.
As the grantee, you are responsible for managing the project and ensuring the proper use of the CPF funds in compliance with all applicable Federal requirements. You are also responsible for ensuring the completion of the project and its proper closeout.
Subject to the conditions stated in Article III, section H of the FY2024 CPF Grant Agreement, you may subaward all or a portion of your funds to one or more subrecipients, as identified in your Project Narrative (which will be incorporated in your FY2024 CPF Grant Agreement) or as may be approved by HUD in accordance with 2 CFR 200.308. As the grantee, you are responsible for ensuring each subrecipient’s compliance with federal requirements.
Below are the applicable regulatory requirements of the CPF grant. • Section 3.1 details the requirements of the FY2024 Acts. • Section 3.2 details the applicable Federal requirements standard to all HUD grants. HUD refers to these requirements as “cross-cutting” as they apply across all HUD programs.
It is important to note that if CPF funds are combined in a project budget with other Federal grant funds or the CPF funds are used on projects that are subject to other Federal grant requirements, you must comply with both CPF requirements and the other Federal grant requirements.
Because CPF awards are authorized and funded through specific Congressional directives as provided by the Act, CPF awards are distinct from Community Development Block Grant funding and are not subject to Title I of the Housing and Community Development Act of 1974 or the Community Development Block Grant regulations at 24 CFR part 570.
Where statutory restrictions apply, HUD cannot provide waivers or exceptions without statutory authority to do so. In circumstances where there is a conflict between this CPF guide and other HUD guidance, HUD will resolve the conflict.
3.1 Requirements Under the Consolidated Appropriations Act, 2024 (P.L. 118-42) and Further Consolidated Appropriations Act, 2024 (P.L. 118-47)
Summary
The Project, Recipient, and
Amount of each FY2024
CPF award
The Project, Recipient, and Amount of each FY2024 CPF award must be consistent with the “project,” “recipient,” and “amount” specified by the Amended CPF Grants Table.
Eligible Expenses Consistent with the FY2024 Acts’ provisions, eligible expenses of the grant may include administrative, planning, operations and maintenance, and other costs that are reasonable and necessary to carry out the “project” specified in the Amended CPF Grants Table.
FY2024 Community Project Funding Grant Guide (Version 1.0) Section 3 / Version 1 / August 19, 2024 41
PLEASE NOTE: To be allowable under the grant, the cost not only must be eligible, but also must meet the cost allowability criteria in 2 CFR 200.403, unless a statute expressly provides otherwise (such as in the case of pre- award costs as noted below).
Pre-award costs Consistent with the FY2024 Act’s provisions, FY2024 CPF grant funds may be used to reimburse costs (including administrative, planning, operations and maintenance, and other costs) incurred before execution of the grant agreement, provided that:
(1) The soft costs are covered by HUD’s nationwide environmental review for CPF soft costs and are incurred on or after March 9, 2024, or hard costs incurred on or after the later of March 9, 2024, or completion of the required project-specific environmental review; and
(2) The costs would otherwise meet the allowability criteria in 2 CFR 200.403(a) through (g).
Eminent Domain No Federal funds provided under your award may be used to support any Federal, state, or local project that seeks to use the power of eminent domain, unless eminent domain is employed only for a public use. Public use includes use of funds for mass transit, railroad, airport, seaport, or highway projects, and utility projects which benefit or serve the general public (including energy-related, communication-related, water-related, and waste water-related infrastructure), other structures designated for use by the general public or with other common-carrier or public-utility functions that serve the general public and are subject to regulation and oversight by the government, and projects for the removal of an immediate threat to public health and safety or brownfields, as defined in the Small Business Liability Relief and Brownfields Revitalization Act (Pub.
L. 107-118). Public use does not include economic development that primarily benefits private entities.
Restriction on Use of Funds
for Computer Networks
No Federal funds provided under your award may be used to maintain or establish a computer network that does not block the viewing, downloading, and exchanging of pornography. This requirement does not limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities.
3.2 Cross Cutting Federal Requirements
Summary
Uniform Administrative
Requirements, Cost
Principles, and Audit
The requirements of 2 CFR Part 200 apply to all CPF awards.
You are encouraged to review the provisions of these regulations including provisions related to:
FY2024 Community Project Funding Grant Guide (Version 1.0) Section 3 / Version 1 / August 19, 2024 42
Requirements for Federal
Awards (2 CFR Part 200)
Environmental Review
Requirements (24 CFR
Part 50 or Part 58)
Quick Overview
(More detailed guidance
starts in Section 3.3)
• Suspension and debarment at 2 CFR 200.214
• Prohibition on certain telecommunications and video surveillance services or equipment at 2 CFR 200.216
• Financial management, internal controls, and Federal payment requirements at 2 CFR 200.302, 200.303, and 200.305
• Program income requirements at 2 CFR 200.307*
• Revision of budget and program plans at 2 CFR 200.308 • Disposition of property acquired with CPF funds at 2 CFR §200.311 • Procurement requirements at 2 CFR §200.317-327
• Record retention and access requirements at 2 CFR 200.334-200.338 • Reporting requirements at 2 CFR 200.328-200.330, including on the status of property acquired with CPF funds at 2 CFR §200.330 • Subrecipient monitoring and management at 2 CFR 200.331-200.333 • Remedies for Noncompliance at 2 CFR 200.339-200.343
• Closeout of federal grants at 2 CFR §200.344-346
• Cost Principles at 2 CFR Part 200, subpart E
• Audit requirements at 2 CFR Part 200, subpart F
*For purposes of all CPF awards, program income must be used for the purposes and under the conditions of your specific CPF award in accordance with the addition requirements at 2 CFR 200.307. Costs incidental to the generation of program income may be deducted from gross income to determine program income for purposes of your CPF grant, provided these costs have not been charged to the Federal award. Further technical assistance will be provided to grantees with projects that may generate program income.
All projects funded by HUD are subject to requirements under the National Environmental Policy Act (NEPA) and HUD’s NEPA-implementing regulations at 24 CFR Part 50 or 24 CFR Part 58. Environmental reviews must be completed, and a Request for Release of Funds and Certification must be approved by HUD CPD Field Office Director through issuance of the Authority to Use Grant Funds (HUD-7015.16), as applicable, prior to taking any choice limiting action, to avoid violations under 24 CFR 58.22 which prohibits limitations on activities pending clearance, and Section 110(k) of the National Historic Preservation Act which prohibits anticipatory demolition or significant harm of historic properties prior to completion of the historic preservation review process known as Section 106 review.
The environmental review must be completed by a RE as defined at 24 CFR
58.2(a)(7), or HUD under 24 CFR Part 50 if your unit of general local government is unable to serve as RE to complete the review. An applicant that is a State, unit of general local government, Indian Tribe, or Alaska Native Village must serve as the RE for the project. For other applicants, the RE is the unit of general local government within which the project is located that exercises land use responsibility, or the Indian Tribe or Alaskan FY2024 Community Project Funding Grant Guide (Version 1.0) Section 3 / Version 1 / August 19, 2024 43
Native Village jurisdiction within which the project is located that exercises land use responsibility. REs can conduct an environmental review on behalf of other entities in their jurisdiction even if they are not the grantee. In the event that an RE that is not the grantee declines to assume responsibility for the environmental review under Part 58, you must advise HUD, and HUD will complete the environmental review under 24 CFR Part 50 or designate another RE.
Locate your nearest HUD REO here (also see Section 4 in this document):
https://www.hudexchange.info/programs/environmental-review/hud- environmental-staff-contacts/#region-i-regional-and-field-environmental- officers.
Further information on environmental requirements can be found here:
https://www.hudexchange.info/programs/environmental-
review/orientation-to-environmental-reviews/#overview.
You may not commit or spend ANY project funds (HUD or non-HUD funds) on hard costs or take any choice limiting actions until the project completes an environmental review. Examples of choice limiting actions include, but are not limited to, purchasing land, entering into contracts for property acquisition or construction, or physical work on the project.
Failure to comply with the prohibition on choice limiting actions and Section 110(k) can result in forfeiture of grant funds. You are encouraged to commence the environmental review process for your project as soon as possible. Under Part 58, the environmental review process is complete when the RE certifies the review and, if applicable, a Request for Release of Funds and Certification is approved by HUD CPD Field Office Director through issuance of the HUD-7015.16, as applicable. Under Part 50, the environmental review process is complete when certified by the HUD Authorizing Official.
See Section 3.3 below for additional detail on fulfilling environmental review requirements.
Build America Buy
America (BABA)
The Build America, Buy America Act (BABA) was enacted as part of the Infrastructure Investment and Jobs Act (IIJA) on November 15, 2021. BABA established the Buy America Preference (BAP), which requires that Federally funded infrastructure projects use domestically produced materials.
FY2024 CPF grantees are encouraged to review BABA information available on the BABA HUDExchange page, including CPD’s BABA implementation notice. See Section 3.4 below for additional details on BABA requirements and applicability.
Indirect Cost Rate Normal indirect cost rules under 2 CFR Part 200, subpart E apply. The appropriate grant agreement appendix must be filled out and signed if you FY2024 Community Project Funding Grant Guide (Version 1.0) Section 3 / Version 1 / August 19, 2024 44
Economic Opportunities
for Low-and Very Low-
income Persons: Section
3 Requirements (24 CFR
intend to use an indirect cost rate to calculate and charge indirect costs to the grant.
Special instructions for state and local governments: If your department or agency unit has a Federally negotiated indirect cost rate, you must include that rate and the applicable distribution base in the table provided and be able to support that rate information with a letter or other documentation from the cognizant agency showing the approved rate. If your department or agency unit receives more than $35 million in direct Federal funding per year, you may not claim indirect costs until you receive a negotiated rate from your cognizant agency for indirect costs as provided in Appendix VII to 2 CFR Part 200.
If your department or agency unit receives no more than $35 million in direct Federal funding per year and your department or agency unit has developed and maintains an indirect cost rate proposal and supporting documentation for audit in accordance with 2 CFR Part 200, Appendix VII, you may include the rate and distribution base specified in that indirect cost rate proposal.
Alternatively, if your department or agency unit receives no more than $35 million in direct Federal funding per year and does not have a current negotiated rate (including provisional) rate), you may elect to use the de minimis rate as allowed under 2 CFR 200.414(f). As described in 2 CFR 200.403, costs must be consistently charged as either indirect or direct costs and must not be double charged or inconsistently charged as both.
Once elected, the de minimis rate must be used for all Federal awards until you choose to negotiate for a rate, which you may apply to do at any time.
Special instructions for applicants other than state and local governments:
If you have a Federally negotiated indirect cost rate, you must include that rate and the applicable distribution base in the table provided and be able to support that rate information with a letter or other documentation from the cognizant agency showing the approved rate. If your organization does not have a current negotiated rate (including provisional rate) and elects to use the de minimis rate, your application must clearly state you intend to use the de minimis rate. As described in 2 CFR 200.403, costs must be consistently charged as either indirect or direct costs and must not be double charged or inconsistently charged as both. Once elected, the de minimis rate must be used for all Federal awards until the organization chooses to negotiate a rate, which the organization may apply to do at any time.
Section 3 of the Housing and Urban Development Act of 1968 (Section 3), 12 U.S.C. 1701u (Economic Opportunities for Low- and Very Low-Income Persons in Connection with Assisted Projects), and the HUD regulations at 24 CFR Part 75, ensure, to the greatest extent feasible, that training, FY2024 Community Project Funding Grant Guide (Version 1.0) Section 3 / Version 1 / August 19, 2024 45
Part 75) and Indian
Preference
Uniform Relocation
Assistance and Real
Property Acquisitions
Policies Act
employment, contracting and other economic opportunities be directed to low- and very low-income persons, especially recipients of government assistance for housing, and to businesses that provide economic opportunities to low-and very low-income persons where a proposed project is located.
You are encouraged to review the requirements of this regulation to determine ways to support the mission of increasing economic opportunity for low- and very-low-income persons and small business owners in your community. You will submit periodic reports of Section 3 accomplishment Performance Measures in DRGR. A link to DRGR guidance for reporting Section 3 accomplishments is provided below.
CPF grants made to Tribes and TDHEs are subject to Indian Preference requirements in Section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5307(b)). As stated in 24 CFR §75.3(c), grants to Tribes and TDHEs are subject to Indian Preference requirements in lieu of Section 3.
For all other CPF grant recipients, if $200,000 or more is awarded for projects involving housing construction, rehabilitation, or other public construction, the Section 3 requirements in 24 CFR Part 75 apply. www.hud.gov/localoffices
www.EEOC.gov
http://www.dol.gov/ofccp/
https://files.hudexchange.info/resources/documents/DRGR-Guidance-on- Reporting-Section-3-Labor-Hours-Fact-Sheet.pdf
With certain limited exceptions, HUD-funded programs or projects are subject to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA) (42 U.S.C. §§ 4601 et seq.), and the government-wide regulations issued by the Federal Highway Administration at 49 CFR Part 24.
The URA applies to acquisitions of real property and relocation occurring as a direct result of the acquisition, rehabilitation, or demolition of real property for Federal or Federally funded programs or projects. Real property acquisition that receives Federal financial assistance for a program or project, as defined in 49 CFR 24.2, must comply with the acquisition requirements contained in 49 CFR part 24, subpart B. Unless otherwise specified in law, the relocation requirements of the URA and its implementing regulations at 49 CFR part 24, cover any displaced person (as defined in 49 CFR 24.2) who moves from real property or moves personal FY2024 Community Project Funding Grant Guide (Version 1.0) Section 3 / Version 1 / August 19, 2024 46
property from real property as a direct result of acquisition, rehabilitation, or demolition for a program or project receiving HUD financial assistance.
Generally Applicable
HUD requirements (24
CFR Part 5, subpart A and
24 CFR 1000.12)
You and your subrecipients must comply with the generally applicable HUD and CPD requirements in 24 CFR Part 5, subpart A, including all applicable fair housing and civil rights requirements.
The Grantee must report data on the race, color, religion, sex, national origin, age, disability, and family characteristics of persons and households who are applicants for, participants in, or beneficiaries or potential beneficiaries of the Grantee’s Project, consistent with the instructions and forms provided by HUD in order to carry out its responsibilities under the Fair Housing Act, Executive Order 11063, Title VI of the Civil Rights Act of 1964, and Section 562 of the Housing and Community Development Act of 1987 (e.g. HUD-27061).
Equal Participation of
Faith Based
Organizations
CPF grants are subject to HUD’s regulations at 24 CFR §5.109 concerning equal participation of faith-based organizations in HUD programs and activities.
SAM registration and UEI The System for Award Management (SAM) and Unique Entity Identifier (UEI) requirements under 2 CFR Part 25 apply.
Unless an exception under 2 CFR part 25 applies, each applicant for a CPF award must:
(1) Be registered in SAM.gov before submitting an application or plan; (2) Include its UEI in each application or plan submitted to HUD; and (3) maintain an active SAM registration with current information at all times while the applicant or grantee has an active Federal award or an application under consideration by a Federal agency. This includes:
(a) reviewing and updating the information in SAM.gov
annually from the date of initial registration or later updates to ensure the information is current, accurate and complete; and
(b) if applicable, identifying the applicant or grantee’s immediate and highest-level owner and subsidiaries, as
well as providing information on all predecessors that
have received a Federal contract or grant within the last three years.
To Sign up or Reactivate SAM.gov Account: You must have a SAM.gov account. If your organization is already registered in SAM.gov, your UEI has already been assigned and is viewable in SAM.gov. This includes inactive registrations. Remember, you must be signed into your SAM.gov account to view entity records. To learn how to view your UEI, go here:
https://www.fsd.gov/gsafsd_sp?id=gsafsd_kb_articles&sys_id=a05adbae1b 59f8982fe5ed7ae54bcbba.
FY2024 Community Project Funding Grant Guide (Version 1.0) Section 3 / Version 1 / August 19, 2024 47
Direct subrecipients or “first-tier” subrecipients are also required to obtain a UEI through SAM as provided by 2 CFR part 25. Subrecipients may refer to the “Guide to Getting a Unique Entity ID” at SAM.gov to get a UEI.
You may contact your Grant Officer for technical assistance. Please refer to this link to begin registering in SAM.gov and obtain your UEI number https://sam.gov/content/home.
The Federal Financial
Accountability and
Transparency Act of
2006, (Public Law 109-
282), as amended
(FFATA)
Compliance with the Federal Funding Accountability and Transparency Act of 2006 (Pub. L. 109-282) as amended (FFATA). FFATA requires information on federal awards be made available to the public via a single, searchable website, which is www.USASpending.gov. Accordingly, your award will be subject to the requirements provided by the Award Term in Appendix A to 2 CFR Part 170, “REPORTING SUBAWARD AND EXECUTIVE COMPENSATION INFORMATION,” unless the Federal funding for the award (including funding that may be added through amendments) is not expected to equal or exceed $30,000. Requirements under this Award Term include filing subaward information in the Federal Funding Accountability and Transparency Act (FFATA) Sub-award Reporting System (FSRS.gov) by the end of the month following the month in which the recipient awards any sub-grant equal to or greater than $30,000.
Each applicant must have the necessary processes and systems in place to comply with the Award Term in Appendix A of 24 CFR Part 170 if the applicant receives an award, unless an exception applies as provided in 2 CFR part 170.
Davis Bacon and Related
Acts (DBRA)
Compliance with Davis Bacon and Related Acts (DBRA) is not a condition or requirement for CPF grants but may be required if your project is also supported by other funds which do require adherence to the DBRA.
Suspension and
debarment
The governmentwide debarment and suspension regulations in 2 CFR Part 180 apply as incorporated and supplemented by HUD’s implementing regulations in 2 CFR Part 2424. These regulations restrict awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs or activities.
Prohibition Against
Lobbying Activities
Section 319 of Public Law 101-121, 31 U.S.C. 1352, (the Byrd Amendment) and 24 CFR Part 87 apply to all CPF grantees except Federally recognized Indian tribes and TDHEs established by Federally recognized Indian tribes as a result of the exercise of the tribe’s sovereign power. The Byrd Amendment and 24 CFR part 87 prohibit recipients of federal awards from using appropriated funds for lobbying the executive or legislative branches of the Federal government in connection with a Federal award. You must submit the certification regarding lobbying and required disclosures as described in section 2.3.3 of this Grant Guide.
FY2024 Community Project Funding Grant Guide (Version 1.0) Section 3 / Version 1 / August 19, 2024 48
Drug-Free Workplace
Trafficking in persons
The following award term applies to all grantees of CPF awards: You as the recipient must comply with drug-free workplace requirements in Subpart B (or Subpart C, if the recipient is an individual) of 2 CFR Part 2429, which adopts the governmentwide implementation (2 CFR Part 182) of sections 5152-5158 of the Drug-Free Workplace Act of 1988 (Pub. L. 100-690, Title V, Subtitle D; 41 U.S.C. 701-707).
All FY 2024 CPF grants will be subject to the following award term and condition, as required by 2 CFR part 175:
(a) Provisions applicable to a grantee that is a private entity. (1) Under this award, the grantee, its employees, subrecipients under this award, and subrecipient's employees must not engage in:
(i) Severe forms of trafficking in persons;
(ii) The procurement of a commercial sex act during the period of time that this award or any subaward is in effect;
(iii) The use of forced labor in the performance of this award or any subaward; or
(iv) Acts that directly support or advance trafficking in persons, including the following acts:
(A) Destroying, concealing, removing, confiscating, or otherwise denying an employee access to that employee's identity or immigration documents; (B) Failing to provide return transportation or pay for return transportation costs to an employee from a country outside the United States to the country from which the employee was recruited upon the end of employment if requested by the employee, unless:
(1) Exempted from the requirement to provide or pay for such return transportation by the Federal department or agency providing or entering into the grant or cooperative agreement; or
(2) The employee is a victim of human trafficking seeking victim services or legal redress in the country of employment or a witness in a human trafficking enforcement action;
(C) Soliciting a person for the purpose of employment, or offering employment, by means of materially false or fraudulent pretenses, representations, or promises regarding that employment; FY2024 Community Project Funding Grant Guide (Version 1.0) Section 3 / Version 1 / August 19, 2024 49
(D) Charging recruited employees a placement or recruitment fee; or (E) Providing or arranging housing that fails to meet the host country's housing and safety standards.
(2) The Federal agency may unilaterally terminate this award or take any remedial actions authorized by 22 U.S.C. 7104b(c), without penalty, if any private entity under this award:
(i) Is determined to have violated a prohibition in paragraph (a)(1) of this appendix; or
(ii) Has an employee that is determined to have violated a prohibition in paragraph (a)(1) of this this appendix through conduct that is either:
(A) Associated with the performance under this award; or (B) Imputed to the grantee or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, “OMB Guidelines to Agencies on Government-wide Debarment and Suspension (Nonprocurement),” as implemented by HUD at 2 CFR part 2424.
(b) Provision applicable to a grantee other than a private entity. (1) The Federal agency may unilaterally terminate this award or take any remedial actions authorized by 22 U.S.C. 7104b(c), without penalty, if a subrecipient that is a private entity under this award:
(i) Is determined to have violated a prohibition in paragraph (a)(1) of this appendix; or
(ii) Has an employee that is determined to have violated a prohibition in paragraph (a)(1) of this appendix through conduct that is either:
(A) Associated with the performance under this award; or (B) Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, “OMB Guidelines to Agencies on Government-wide Debarment and Suspension (Nonprocurement),” as implemented by HUD at 2 CFR part 2424.
(c) Provisions applicable to any grantee.
FY2024 Community Project Funding Grant Guide (Version 1.0) Section 3 / Version 1 / August 19, 2024 50
Conflicts of Interest
(1) The grantee must inform the Federal agency and the Inspector General of the Federal agency immediately of any information you receive from any source alleging a violation of a prohibition in paragraph (a)(1) of this appendix.
(2) The Federal agency's right to unilaterally terminate this award as described in paragraphs (a)(2) or (b)(1) of this appendix:
(i) Implements the requirements of 22 U.S.C. 78, and
(ii) Is in addition to all other remedies for noncompliance that are available to the Federal agency under this award.
(3) The grantee must include the requirements of paragraph (a)(1) of this award term in any subaward it makes to a private entity. (4) If applicable, the grantee must also comply with the compliance plan and certification requirements in 2 CFR 175.105(b).
(d) Definitions. For purposes of this award term:
“Employee” means either:
(1) An individual employed by the grantee or a subrecipient who is engaged in the performance of the project or program under this award; or (2) Another person engaged in the performance of the project or program under this award and not compensated by the grantee including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in-kind contribution toward cost sharing requirements. “Private Entity” means any entity, including for-profit organizations, nonprofit organizations, institutions of higher education, and hospitals. The term does not include foreign public entities, Indian Tribes, local governments, or states as defined in 2 CFR 200.1.
The terms “severe forms of trafficking in persons,” “commercial sex act,” “sex trafficking,” “Abuse or threatened abuse of law or legal process,” “coercion,” “debt bondage,” and “involuntary servitude” have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. 7102). i.
i. Conflicts Subject to Procurement Regulations. In the procurement of property or services by recipients and subrecipients, the conflict-of- interest rules in 2 CFR 200.317 and 2 CFR 200.318(c) shall apply. In all cases not governed by 2 CFR 200.317 and 2 CFR 200.318(c), recipients FY2024 Community Project Funding Grant Guide (Version 1.0) Section 3 / Version 1 / August 19, 2024 51
and subrecipients must follow the requirements contained in paragraphs ii-v below.
ii. General prohibition. No person who is an employee, agent, consultant, officer, or elected or appointed official of the recipient or subrecipient and who exercises or has exercised any functions or responsibilities with respect to assisted activities, or who is in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from the activity, or have a financial interest in any contract, subcontract, or agreement with respect thereto, or the proceeds thereunder, either for himself or herself or for those with whom he or she has immediate family or business ties, during his or her tenure or for one year thereafter.
Immediate family ties include (whether by blood, marriage or adoption) the spouse, parent (including a stepparent), child (including a stepchild), brother, sister (including a stepbrother or stepsister), grandparent, grandchild, and in-laws of a covered person.
iii. Exceptions. HUD may grant an exception to the general prohibition in paragraph (ii) upon the recipient’s written request and satisfaction of the threshold requirements in paragraph (iv), if HUD determines the exception will further the Federal purpose of the award and the effective and efficient administration of the recipient’s program or project, taking into account the cumulative effects of the factors in paragraph (v).
iv. Threshold requirements for exceptions. HUD will consider an exception only after the recipient has provided the following documentation:
a. A disclosure of the nature of the conflict, accompanied by an assurance that there has been public disclosure of the conflict and a description of how the public disclosure was made; and b. An opinion of the recipient's attorney that the interest for which the exception is sought would not violate state or local law. v. Factors to be considered for exceptions. In determining whether to grant a requested exception after the recipient has satisfactorily met the threshold requirements in paragraph (iii), HUD will consider the cumulative effect of the following factors, where applicable:
a. Whether the exception would provide a significant cost benefit or an essential degree of expertise to the program or project that would otherwise not be available;
b. Whether an opportunity was provided for open competitive bidding or negotiation;
c. Whether the person affected is a member of a group or class of low- or moderate-income persons intended to be the
beneficiaries of the assisted activity, and the exception will permit such person to receive generally the same interests or benefits as are being made available or provided to the group or class;
FY2024 Community Project Funding Grant Guide (Version 1.0) Section 3 / Version 1 / August 19, 2024 52
Award Term and
Condition for Recipient
Integrity and
Performance Matters
d. Whether the affected person has withdrawn from his or her functions or responsibilities, or the decision-making process with respect to the specific assisted activity in question;
e. Whether the interest or benefit was present before the affected person was in a position as described in paragraph (ii); f. Whether undue hardship will result either to the recipient or the person affected when weighed against the public interest served by avoiding the prohibited conflict; and
g. Any other relevant considerations.
vi. Disclosure of potential conflicts of interest. Recipients must disclose in writing to your CPF Grant Officer any potential conflict of interest.
If the total Federal share of your Federal award may include more than $500,000 over the period of performance, your Federal award will include the following terms and conditions as required by 2 CFR 200.211(c)(1)(iii):
Reporting of Matters Related to Recipient Integrity and Performance (a) General Reporting Requirement.
(1) If the total value of your active grants, cooperative agreements, and procurement contracts from all Federal agencies exceeds $10,000,000 for any period of time during the period of performance of this Federal award, then you as the grantee must ensure the information available in the responsibility/qualification records through the System for Award Management (SAM.gov), about civil, criminal, or administrative proceedings described in paragraph (b) of this award term is current and complete. This is a statutory requirement under section 872 of Public Law 110-417, as amended (41 U.S.C. 2313). As required by section 3010 of Public Law 111- 212, all information posted in responsibility/qualification records in SAM.gov on or after April 15, 2011 (except past performance reviews required for Federal procurement contracts) will be publicly available. (b) Proceedings About Which You Must Report.
(1) You must submit the required information about each proceeding that— (i) Is in connection with the award or performance of a grant, cooperative agreement, or procurement contract from the Federal Government; (ii) Reached its final disposition during the most recent five-year period; and (iii) Is one of the following—
(A) A criminal proceeding that resulted in a conviction; FY2024 Community Project Funding Grant Guide (Version 1.0) Section 3 / Version 1 / August 19, 2024 53
(B) A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more;
(C) An administrative proceeding that resulted in a finding of fault and liability and your payment of either a monetary fine or penalty of $5,000 or more or reimbursement, restitution, or damages in excess of $100,000; or (D) Any other criminal, civil, or administrative proceeding if— (1) It could have led to an outcome described in paragraph (b)(1)(iii)(A) through (C);
(2) It had a different disposition arrived at by consent or compromise with an acknowledgment of fault on your part; and
(3) The requirement in this award term to disclose information about the proceeding does not conflict with applicable laws and regulations. (c) Reporting Procedures.
Enter the required information in SAM.gov for each proceeding described in paragraph (b) of this award term. You do not need to submit the information a second time under grants and cooperative agreements that you received if you already provided the information in SAM.gov because you were required to do so under Federal procurement contracts that you were awarded.
(d) Reporting Frequency.
During any period of time when you are subject to the requirement in paragraph (a) of this award term, you must report proceedings information in SAM.gov for the most recent five-year period, either to report new information about a proceeding that you have not reported previously or affirm that there is no new information to report. If you have Federal contract, grant, and cooperative agreement awards with a cumulative total value greater than $10,000,000, you must disclose semiannually any information about the criminal, civil, and administrative proceedings. (e) Definitions.
For purposes of this award term—
Administrative proceeding means a non-judicial process that is adjudicatory in nature to make a determination of fault or liability (for example, Securities and Exchange Commission Administrative proceedings, Civilian FY2024 Community Project Funding Grant Guide (Version 1.0) Section 3 / Version 1 / August 19, 2024 54
Board of Contract Appeals proceedings, and Armed Services Board of Contract Appeals proceedings). This includes proceedings at the Federal and State level but only in connection with the performance of a Federal contract or grant. It does not include audits, site visits, corrective plans, or inspection of deliverables.
Conviction means a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere.
Total value of currently active grants, cooperative agreements, and procurement contracts includes the value of the Federal share already received plus any anticipated Federal share under those awards (such as continuation funding).
Lead-Based Paint
Requirements
If grant funds are used for purchase, lease, support services, operation, or work that may disturb painted surfaces, of pre-1978 housing, you must comply with the lead-based paint evaluation and hazard reduction requirements of HUD's lead- based paint rules (Lead Disclosure; and Lead Safe Housing (24 CFR part 35)), and EPA's lead- based paint rules (e.g., Repair, Renovation and Painting; Pre- Renovation Education; and Lead Training and Certification (40 CFR part 745)).
Fraud, Waste and Abuse Any person who becomes aware of the existence or apparent existence of fraud, waste or abuse of any HUD award must report such incidents to both the HUD official responsible for the award and to HUD’s Office of Inspector General (OIG). HUD OIG is available to receive allegations of fraud, waste, and abuse related to HUD programs via its hotline number (1-800-347- 3735) and its online hotline form. The Grantee must comply with 41 U.S.C. § 4712, which includes informing employees in writing of their rights and remedies, in the predominant native language of the workforce. Under 41 U.S.C. § 4712, employees of a governmental contractor, grantee, and subgrantee—as well as a personal services contractor—who make a protected disclosure about a Federal grant or contract cannot be discharged, demoted, or otherwise discriminated against as long as they reasonably believe the information they disclose is evidence of:
1. Gross mismanagement of a Federal contract or grant;
2. Gross waste of Federal funds;
3. Abuse of authority relating to a Federal contract or grant;
4. Substantial and specific danger to public health and safety; or
5. Violations of law, rule, or regulation related to a Federal contract (including the competition for or negotiation of a contract) or grant.
Federal Contractor or Grantee Protections | Office of Inspector General, Department of Housing and Urban Development (hudoig.gov)
FY2024 Community Project Funding Grant Guide (Version 1.0)
3.3 Detailed Environmental Review Guidance for FY2024 CPF Grants An environmental review is the process of reviewing a project and its potential environmental impacts to determine whether it meets federal, state, and local environmental standards. The environmental review process is required for all HUD-assisted projects to ensure that the proposed project does not negatively impact the surrounding environment and that the property site itself will not have an adverse environmental or health effect on end users.
This guidance seeks to clarify the environmental review requirements for the CPF Program for expenditure of funds for planning, administration, management, operations, and maintenance activities, as well as for development projects where construction contracts were entered into, or construction was started prior to the date of legislative enactment (March 9, 2024) and/or completion of a satisfactory environmental review.
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3.3.1 Contacts and Project-Specific Assistance
For questions about the environmental review process, please contact your REO. While your CPF Grant Officer can assist with programmatic questions, your REO can assist with environmental review requirements for individual projects.
HUD will be providing trainings on environmental reviews and has an extensive body of existing environmental review training and resources which can be found here:
https://www.hudexchange.info/programs/environmental-review/. HUD has also created a technical assistance “Ask A Question” (AAQ) Desk for environmental review to support grantees in navigating the environmental review requirements.
Included in Section 5 is a short guide for requesting support through the AAQ desk (see Attachment 4).
3.3.2 Legal Framework and Policy
Grant Agreement
The Grant Agreement is the legally binding document that outlines requirements and incorporates assurances and certifications for your project. The Grant Agreement must be signed by HUD prior to the grantee drawing down funds for reimbursement.
Environmental Review, Federal Nexus, and Choice-Limiting Actions HUD or the RE will be required to complete an environmental review of ALL project activities and work that took place or is proposed to take place following the date of enactment (March 9, 2024) regardless of funding source. See HUD’s aggregation principles at 24 CFR 58.32 for more information on project aggregation. A “Federal Nexus” is defined as the event that, by its occurrence, triggers the requirements for federal environmental review under a host of laws, regulations, and Executive Orders.
The date of legislative enactment is the Federal Nexus for the FY2024 CPF program. As such, the date of enactment (Federal Nexus) for FY2024 CPF grants is March 9, 2024. 55 FY2024 Community Project Funding Grant Guide (Version 1.0) After the Federal Nexus, you are prohibited from taking new choice-limiting actions related to hard costs, including commitment or expenditure of HUD and non-HUD funds, until a satisfactory environmental review has been completed for the aggregated project. HUD’s aggregation requirements under 24 CFR 58.32 state that environmental reviews must group together and evaluate as a single project all individual activities which are related either on a geographical or functional basis or are logical parts of a composite of contemplated actions. More information on HUD’s aggregation principles can be found at 24 CFR 58.32. A satisfactory environmental review must include analysis of the applicable environmental laws and authorities, a determination that the project activities will not result in environmental harm that cannot be mitigated, consultation with federal/state agencies in a manner that allows for mitigation measures/conditions to be implemented by the grantee, and a Request for Release of Funds and Certification (HUD-7015.15) for the project that has been approved by the HUD CPD Field Office Director, if required. Most soft costs are covered by HUD’s nationwide environmental review for CPF soft costs and can be incurred any time after the date of legislative enactment (Federal Nexus) on March 9, 2024, and can be drawn down for reimbursement after the Grant Agreement for the project has been executed.
A choice limiting action is any activity that a grantee undertakes, including committing or expending HUD or non-HUD funds, that reduces or eliminates a grantee’s opportunity to choose project alternatives that would avoid or minimize environmental impacts or enhance the quality of the human environment.
Examples of choice limiting actions include acquisition, leasing, rehabilitation, demolition, new construction, and ground disturbance work such as clearing, grading or grubbing. HUD’s prohibition on choice limiting actions at 24 CFR 58.22 is derived from the regulations of the Council on Environmental Quality implementing the National Environmental Policy Act of 1969 (NEPA), which state that (with certain exceptions), “until an agency issues a finding of no significant impact, as provided in § 1501.6 of this chapter, or record of decision, as provided in § 1505.2 of this chapter, no action concerning the proposal may be taken that would: (1) Have an adverse environmental impact; or (2) Limit the choice of reasonable alternatives.” 40 CFR § 1506.1.
In addition, the related environmental laws and authorities with which HUD must comply contain their own procedural requirements which have the effect of limiting actions that may be taken before approval of the environmental review. For example, under the National Historic Preservation Act of 1966 regulations (54 U.S.C. 300101, et seq.; 36 CFR Part 800; see 24 CFR § 50.4(a)(1)), in the early stages of project planning, the agency official must determine whether the proposed federal action is an undertaking as defined by the regulations. The agency must then determine whether it is a type of activity that has the potential to cause effects on historic properties, and if so, seek ways to avoid, minimize or mitigate any adverse effects on the property. Similarly, under Section 7 of the Endangered Species Act (16 U.S.C. 1536), the agency must ensure that any action it authorizes, funds, or carries out is not likely to jeopardize the continued existence of a listed species in the wild or destroy or adversely modify critical habitat.
Taking new choice-limiting actions is prohibited after the date of enactment (March 9, 2024) until the environmental review process is complete. In addition, HUD will not be able to fund a project where work that occurred after the date of enactment (March 9, 2024) has resulted in Section 3 / Version 1 / August 19, 2024 56
FY2024 Community Project Funding Grant Guide (Version 1.0)
art a on i e or F o osts
o ere
Environmental and other studies, resource
iden ca on, development of plans and strategies.
50.19(b)(1)
Informa on and nancial advisory services. 50.19(b)(2)
Administra ve and management expenses. 50.19(b)(3)
Public services. 50.19(b)(4)
Inspec ons and tes ng of proper es for hazards or
defects. 50.19(b)(5)
Purchase of insurance 50.19(b)(6)
Engineering or design costs. 50.19(b)(8)
Technical assistance and training. 50.19(b)(9)
Suppor ve services. 50.19(b)(12)
Opera ng costs including most maintenance
50.19(b)(13)
Purchase of vehicles, but not other equipment.
o ere
Purchase of tools. 50.19(b)(7)
Emergency assistance necessary to control or arrest
the e ects from disasters or imminent threats to
public safety. 50.19(b)(10)
Tenant based rental assistance. 50.19(b)(11)
Economic development ac vi es. 50.19(b)(14)
Homebuyer Assistance. 50.19(b)(15)
A ordable housing pre development costs
50.19(b)(16)
Approval of supplemental assistance 58.35(b)(7)
environmental harm or where environmental compliance with one or more of the laws and authorities cannot be achieved.
Programmatic Environmental Review for Planning, Administration, Operations and Maintenance HUD has completed a nationwide Part 50 nationwide environmental review covering most CPF soft costs for planning, administration, operations, and maintenance activities under the CPF program.
Grantees can incur covered soft costs any time after the date of enactment (March 9, 2024) and following execution of the Grant Agreement, grantees may draw down funds for eligible planning, administration, operations and costs categorized as maintenance activities under CPD Notice 16-02:
Guidance for Categorizing an Activity for Maintenance. See below for a list of soft costs which are covered and not covered by HUD’s nationwide review for CPF soft costs.
Work Under Contract
You can proceed with work covered by contracts that predate the date of enactment (identified by HUD as the Federal Nexus triggering federal environmental and historic preservation laws and regulations) at your own risk.
Section 3 / Version 1 / August 19, 2024 57
If your organization is under a legally binding construction contract prior to the date of enactment (March 9, 2024), work funded by non-federal funds may proceed to the extent practical and to the extent permitted in accordance with the previously executed contract. After the date of enactment (March 9, 2024), grantees may not enter into additional construction contracts or take other new choice limiting commitments or actions, including making a commitment of HUD or non-HUD funds to the project, until an satisfactory environmental review by a RE under 24 CFR Part 58 is completed and a Request for Release of Funds and Certification (HUD-7015.15) is approved by the HUD CPD Field Office Director via certification of the Authority to Use Grant Funds (HUD-7015.16) in HEROS, if applicable; or an environmental review by HUD under 24 CFR Part 50 is completed.
Hard Costs
HUD or the RE is required to complete a satisfactory environmental review of ALL work that took place or is proposed to take place following the date of enactment (March 9, 2024). Grantees can FY2024 Community Project Funding Grant Guide (Version 1.0) undertake project activities covered by contracts that were entered into prior to the date of enactment and can incur reimbursable hard costs related to construction and ground-breaking activities occurring any time after the date of enactment (March 9, 2024), but do so at their own risk.
If work that has taken place after the date of enactment (March 9, 2024) causes unmitigable environmental harm, is prohibited under environmental laws or HUD’s environmental regulations (e.g., damaging endangered species habitat, impacting a structure eligible for listing on the National Register of Historic Places, or work within a regulatory floodway), or precludes completion of federal consultation requirements, those project activities cannot be funded.
If a project is unable to satisfactorily complete an environmental review, HUD can potentially fund other project activities that do not require aggregation with the work started after the date of enactment, such as operations and maintenance or program services. Contact your CPF Grant Officer to discuss additional project activities that may be able to be funded on an as needed basis.
Grant funds can be drawn down for reimbursement of eligible costs covered by a satisfactory environmental review after execution of the Grant Agreement for the project.
3.3.3 CPF Environmental Review Scenarios
The below scenarios offer consideration of some common scenarios received from grantees to date about the status of their projects and next steps.
In order for CGD and the Office of Environment and Energy (OEE) to best assist you in determining your next steps, you should submit your project narrative and budget to your CGD Grant Officer.
This will enable HUD to:
1) initiate the Grant Agreement, and
2) work with grantees to determine the level of environmental review necessary for the project.
1. Can I use my planning and administration funds prior to completion of my environmental review?
• Prior to the completion of the aggregated environmental review for the project, grantees can incur reimbursable soft costs covered by HUD’s nationwide environmental review for CPF soft costs, any time after the date of enactment (March 9, 2024). • A list of covered CPF soft costs can be found below and in HUD’s Part 50 Programmatic Environmental Review for CPF Soft Costs and such costs can be drawn down for reimbursement after execution of the Grant Agreement.
2. Can I use my planning and administration funds to cover the costs to complete an environmental review?
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FY2024 Community Project Funding Grant Guide (Version 1.0) • Yes. The costs to complete an environmental review are eligible under the planning, administration, management, and maintenance activities covered by HUD’s programmatic environmental review discussed in Scenario 1 above.
• Grantees may also use CPF grant funds to compensate a local government responsible entity for the cost of preparing the environmental review for their project. • Again, grantees may incur covered soft costs any time after the date of enactment (March 9, 2024) but can only request payment for those costs after the Grant Agreement has been fully executed.
3. Who will conduct the environmental review for my project? • You must reach out to the Unit of General Local Government (UGLG) in which the project is located and that has some level of land use responsibility, to request that they serve as the Responsible Entity (RE) and conduct the ER for your project. This can be the local municipality, county, or state in which the project is located in. If your local government refuses to serve as RE and conduct the ER, please reach out to your Regional Environmental Officer for next steps.
4. Who is responsible for implementing mitigation measures required by the environmental review?
• Grantees are responsible for tracking and implementing any mitigation measures required by the environmental review. Please work with your local government responsible entity and Regional Environmental Officer if you have any questions about your responsibilities associated with carrying out mitigation requirements.
5. I was awarded a grant that is for a 100% planning activity. Do I have to complete an environmental review?
• Based on your project narrative, your Grant Officer will confirm that your project is for planning only activities.
• As mentioned above, HUD has completed a programmatic environmental review for all planning activities and most other soft costs within the CPF portfolio. • Thus, if you have a planning only grant, you do not have to conduct a new environmental review because the review has already been completed by HUD. You must have a fully executed Grant Agreement to draw down HUD funds for reimbursement of eligible activities.
6. I completed my project before receiving a signed grant agreement from HUD. Can I be reimbursed?
• Some activities may be reimbursable depending on their timing and nature. • Soft costs covered by HUD’s nationwide environmental review for CPF soft costs that were incurred after the date of enactment (March 9, 2024) can be reimbursed after the execution of the Grant Agreement.
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FY2024 Community Project Funding Grant Guide (Version 1.0)
• Eligible hard costs incurred after the date of enactment (March 9, 2024) and the completion of a satisfactory environmental review are reimbursable after the execution of the Grant Agreement. See Federal Nexus and Choice-Limiting Actions section above for more information on HUD’s project aggregation principles and what is included in a satisfactory environmental review process.
• For activities that fall outside of the scope of eligibility for reimbursement, HUD may be able to fund a related activity associated with the completed project. HUD’s CPF Grant Officers will work with you to determine if there are other elements of the CPF-referenced project that can be funded in keeping with the intent of Congress.
7. I have started construction on my project with non-HUD funds, but plan to use HUD funds for a portion of my project:
a. Do I have to stop work on the project if the work was under contract prior to the date of enactment (March 9, 2024)?
• HUD is not directing grantees to stop construction work in instances where a construction contract was entered into prior to the date of enactment (March 9, 2024). In such cases, work funded by non-federal funds may proceed to the extent practical, and to the extent permitted in accordance with the previously executed contract. Grantees may not enter into additional construction contracts or make other choice-limiting commitments or actions, including commitments of HUD or additional non-HUD funds to the project after the date of enactment (March 9, 2024) without the completion of a satisfactory environmental review covering the aggregated scope of the project. An environmental review must be completed before HUD funds and new commitments of non-HUD funds can be used on a project.
• However, HUD does recommend that grantees stop work after the date of enactment (March 9, 2024), as a best practice. If any work conducted results in environmental harm that cannot be mitigated (e.g., damaging endangered species habitat, impacting a structure eligible for listing on the National Register of Historic Places), or precludes completion of federal consultation requirements, those project activities may not be able to be funded. For these reasons, continuing with work has risk of ineligibility for funding.
b. Do I ha e to stop ork on a project i there isn’t a contract in place? • If you are using your own workforce to do the work and can stop work – i.e., there is no preexisting legal obligation with another party to continue the construction activities – you must pause construction until the environmental review is completed. c. How is the environmental review conducted when the project is underway under an existing contract?
• As of the date of enactment on March 9, 2024, federal compliance requirements apply to the project and HUD funds cannot be expended on work that results in Section 3 / Version 1 / August 19, 2024 60
FY2024 Community Project Funding Grant Guide (Version 1.0) environmental harm that cannot be mitigated. A satisfactory environmental review is necessary to determine the environmental impacts of the project. • Existing contracts or commitments entered into and completed prior to the date of enactment (March 9, 2024) cannot be reimbursed and do not need to be included in the satisfactory environmental review.
• Contracts or commitments that were entered into prior to enactment, but consist of work that will continue after enactment, may proceed at their own risk, as a satisfactory environmental review is required for all activities taking place after receipt of the date of enactment (March 9, 2024).
• Analysis with the environmental laws and authorities must be conducted and determine that there hasn’t been environmental harm that cannot be mitigated, and that consultation with federal/state agencies is conducted in a manner that allows for mitigation measures/conditions to be implemented.
Note: If a satisfactory environmental review cannot be completed for any reason, work with your Grant Officer and REO to determine next steps.
8. I have a completed HUD environmental review, but I do not have an executed Grant Agreement. Can I start using HUD funds?
• Soft costs covered by HUD’s nationwide environmental review for CPF soft costs can be incurred any time after the date of enactment (March 9, 2024) and can be drawn down for reimbursement after the execution of the Grant Agreement. • Eligible hard costs can be incurred after the date of enactment (March 9, 2024) and can be drawn down for reimbursement after the execution of the Grant Agreement and the completion of a satisfactory environmental review for the aggregated project.
Figure 1: FY2024 CPF Payment Request Process Flow
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FY2024 Community Project Funding Grant Guide (Version 1.0) Section 3 / Version 1 / August 19, 2024 62
3.3.4 Resources
Applicable Appropriations Act :
FY24 Consolidated Appropriations Act
FY24 Further Consolidated Appropriations Act
CPF Resources:
HUD.gov EDI-CPF Landing Page
HUD Exchange CPF Landing Page
CPF Grant Officer Portfolio Assignments
FY2024 CPF Specific Resources:
HUD.gov CPF FY24 Webpage
HUD Exchange CPF FY24 Webpage
CPF FY24 Cost Eligibility Chart
CPF Environmental Review Resources:
HUD Environmental Contacts
Guidance for Documenting the Environmental Review Record for CPF Grants Request for Release of Funds (RROF) Point-of-Contact for CPF Grants Ask A Question (AAQ) Help Desk for CPF
Sample MOA between a Responsible Entity and CPF Non-profit Grantee 24 CFR Part 58: Procedures for Entities Assuming HUD Environmental Responsibilities HEROS - HUD Environmental Review Online System
Environmental Review Training
HUD's Nationwide Part 50 Programmatic Environmental Review for CPF Soft Costs:
FY24 Part 50 CPF-Soft-Costs-Nationwide-Programmatic ERR PFY2024 Community roject Funding Grant Guide (Version 1.0) Section 3 / Version 1 / August 19, 2024 63
FY2024 CPF Payment Eligibility Chart
Hard Costs
Incurred before
March 9, 2024
Not Eligible
Incurred after
March 9, 2024
Incurred after ER
process completed
Soft Costs
Incurred before
March 9, 2024
Eligible
Not Eligible
Incurred after
March 9, 2024
Incurred before ER
process completedEligible
NOTE: This chart assumes that eligible costs are for activities covered by the project scope of a satisfactory environmental review. See FY24 CPF ER Guidance for more details.
Costs are incurred at the point the service is performed (not when the contract is signed or when the customer is billed).
For a complete list of covered soft costs see FY24 Part 50 CPF-Soft-Costs- Nationwide-Programmatic ERR
Supporting Docs:
- Date ER Process Completed
- Executed Work Contract(s)
- Grantee Accounting Records
Contractual
obligation in place
before March 9,
2024
Physical work
conducted after
March 9, 2024
Eligible
Contract executed
after March 9,
2024
Not Eligible
FY2024 Community Project Funding Grant Guide (Version 1.0)
3.4 Build America, Buy America (BABA) Act Guidance for FY2024 CPF Grants The Build America, Buy America Act (BABA) was enacted as part of the Infrastructure Investment and Jobs Act (IIJA) on November 15, 2021. BABA established the Buy America Preference (BAP), which requires that Federally funded infrastructure projects use domestically produced materials.
The obligation date for all FY 2024 CPF grants is August 13, 2024, which means that the BAP applies to all iron and steel products used in the construction, alteration, maintenance, or repair of infrastructure projects funded through FY 2024 CPF grants, unless a HUD general or project waiver applies. Under HUD’s Phased Implementation Waiver, construction materials and manufactured products are not subject to the BAP for FY 2024 CPF grants.
For assistance determining material classifications, BAP applicability to specific projects, and how to maximize waiver flexibility, grantees should review CPD’s BABA implementation notice, which is available on the BABA HUDExchange page.
In addition to the implementation notice, the following technical assistance resources are available:
Section 3 / Version 1 / August 19, 2024
• Beyond the Basics: Implementing the BAP Webinar
• CPF BABA Quick Guide
• CPF BABA Webinar
• BABA Frequently Asked Questions
For specific questions that are not answered by the materials provided above, grantees should submit a question via the HUDExchange Ask A Question feature.
64 FY2024 Community Project Funding Grant Guide (Version 1.0) SECTION 4: CONTACT INFORMATION FOR GRANT OFFICERS, SYSTEM OFFICERS, AND REGIONAL
ENVIRONMENTAL OFFICERS
Below is a link to the CPF Grants: Grant Officer Portfolio Assignments, System Officer Portfolio Assignments, and REO contact information for your state. https://www.hud.gov/sites/dfiles/CPD/documents/Community-Project-Funding-Portfolio- Assignments.pdf
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FY2024 Community Project Funding Grant Guide (Version 1.0) SECTION 5: ATTACHMENTS
Attachment 1: Grant Agreement Submission Checklist
Attachment 2: Direct Deposit Sign-Up Form (SF-1199A)
Attachment 3: Change of Address Request (HUD-27056) Form Attachment 4: Ask-A-Question (AAQ): Technical Assistance Guide Attachment 5: CPF Frequently Asked Questions (FAQs)
Attachment 6: Sample Narrative Outline and Example
Attachment 7: Sample Budget
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FY2024 Community Project Funding Grant Guide (Version 1.0) Attachment 1: Grant Agreement Submission Checklist
To assist you with completing the required materials, please make sure that you have completed the following:
You have an active SAM.gov registration. Expired UEIs and “ID Assigned” are not acceptable. The project narrative describes the ENTIRE project and indicates the specific activities that will be financed with CPF grant funds.
The project budget is consistent with the requirements of the applicable appropriations act(s) and cost principles in 2 CFR part 200.
Indirect Cost Rate
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FY2024 Community Project Funding Grant Guide (Version 1.0) Attachment 2: Direct Deposit Sign-Up Form (SF-1199A)
Section 5 / Version 1 / August 19, 2024 68
FY2024 Community Project Funding Grant Guide (Version 1.0) Attachment 3: Change of Address Request (HUD-27056) Form If your official address changes, please complete this form and email to your Grant Officer for processing. NOTE: This form is not required for changes in your project address if that address differs from your official address. However, you must email your Grant Officer if your project address changes.
https://www.hud.gov/sites/documents/27056.PDF
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FY2024 Community Project Funding Grant Guide (Version 1.0)
Attachment 4: Ask-A-Question (AAQ): Technical Assistance Guide The Ask-A-Question tool on HUD Exchange has been expanded to provide technical assistance for CPF grantees. You can access the website by going to https://www.hudexchange.info/program- support/my-question/ where you can submit a question.
The first step in submitting a question is to fill in the Personal Information fields. All the fields are required.
Once you have entered your personal information, please select I am a “HUD Grantee.” If your organization or community is listed, please select the correct grantee name.
If you do not find your entity’s name, select “Other – Please Specify” in the I am a field, and you will be able to provide the entity name in the “Other” field.
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FY2024 Community Project Funding Grant Guide (Version 1.0) Once you have identified yourself, select the button for Step 2.
You will be taken to Step 2 of 2 after a prompt to review your personal information. Please select “CPF: Community Project Funding” in the My question is related to field. Then add a subject line, enter your question, and upload any applicable documents. Include your grant number, if possible.
Submit your question.
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FY2024 Community Project Funding Grant Guide (Version 1.0) Attachment 5: CPF Frequently Asked Questions (FAQs)
Below is a link to the CPF FAQs.
https://www.hudexchange.info/resource/6777/cpf-faqs/
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FY2024 Community Project Funding Grant Guide (Version 1.0) Attachment 6: Sample Narrative Outline and Example
The outline below can be adapted for your project narrative. This is not a required format but may be useful to consider. Having section headers and subsection headers is useful.
1. Project Description
a. Project Name: It must match the Amended CPF Grants Table b. Project Address(es) and Location: Include specific the project address(es) Including GPS coordinates or service area.
c. Project Purpose: Provide a sentence that summarizes what the project will accomplish.
d. Project Narrative:
i. Provide a summary of the entire project which restates its purpose, identifies activity categories and specifies uses of the CPF grant as part of or for the entire project.
ii. If part of a larger project, provide a description of the broader project. iii. This narrative section should describe all actions that will be undertaken as part of the project, regardless of funding source. The content typically comprises the bulk of the written narrative.
2. Project Metrics
a. Goals, Outcomes, Objective: The project must have clearly stated goals, outcomes, and objectives. State each.
b. Section 3 Performance Measures: Refer to the HUD Exchange Section 3 website pages for additional information.
c. BABA Metrics: Refer to the “BABA for CPF Quick Guide” on the HUD Exchange CPF Website.
1. Project Timeline & Project Status
a. Current status: understanding the current project status is critical. Provide a succinct explanation of where the project is in its lifespan from concept to execution to completion. Consider these questions in your written statements:
• What is the status of the project?
• Is the project still in the “ideas” phase with no contracts or agreements executed?
• Has procurement started?
• Is construction or program implementation underway?
• Is the project complete?
b. Proposed Timeline: Provide an estimated start and end date for the project along with key benchmarks with dates for the project.
Section 5 / Version 1 / August 19, 2024 73
c. Environmental Review Status: Consider the following:
• Adhering to the environmental review requirements in the National Environmental Policy Act (NEPA) is critical.
• Describe what steps have been taken toward environmental clearance and the current status. This could range from having completed no steps toward FY2024 Community Project Funding Grant Guide (Version 1.0) environmental clearance all the way through completion of an environmental assessment.
3. Project Scope: See below for ideas for including in your written project scope.
4. Subrecipients:
1. Some grantees will want to use one or more subrecipients to execute their project. If you plan to use subrecipients, a written justification should be provided for why the project is best implemented using subrecipients.
1. Describe the role of each of the subrecipients and add the subrecipient’s EIN or UEI number.
a. Describe the scope of the project that will be handled by each subrecipient and what tasks/functions will be kept with the CPF grantee.
Example: Public Facility – Emergency Food Network Warehouse Project Name
Emergency Food Network of Alpha and Beta County (B-24-CP-TX-0394) Project Purpose
EFN will build a warehouse, including but not limited to, providing the staffing and all relevant soft costs needed to make the warehouse operational.
Project Scope
The CPF grant will be used to help fund the soft costs associated with building and operating a new warehouse, including but not limited to, providing the staffing and all relevant soft costs needed to make the warehouse operational. Specify, all funding awarded from the CPF grant will be used for soft costs associated with building the warehouse.
These soft costs include:
• Architecture and Engineering
• Owner’s Representation Consultation
• Two FTE’s: 75% of hourly rate, 403b, and insurance expenses for three years • Deputy Director: 50% of salary, 403b, insurance, and benefits expenses for three years • Security: 80% of security expense for three years
• Insurance of future warehouse
• Potential NEPA review consultant
• Racking, forklifts, breakroom furnishings, office furniture, window coverings, technology (computers, printers, etc.), long range walkie talkies, lockers, washer/dryer, industrial warehouse cleaner, floor buffer, impact donor panel, transportation carts and tools, portable conveyors
EFN is not engaged in lobbying activities.
Yes, the CPF funded project is part of a larger project.
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FY2024 Community Project Funding Grant Guide (Version 1.0) EFN is building a new 21,500- square-foot warehouse on our Lakewood campus. It will serve as our primary storage space for food. Our existing warehouse will then maintain a 30-day supply of food and serve as a more efficient order-building space for distribution.
Yes, the project has already started. We have completed a feasibility study, established a relationship with a design firm, and hired a project manager to guide us through the process.
EFN has done extensive outreach to elected officials, foundations, and community members to gather support for this project. Currently, EFN has raised $7,175,000. Below are additional updates to the current state of the project:
• SEPA Determination of Non-Significance was issued February 9, 2023. There were no appeals. This permit application is now finalized. • Design Review application review to be completed, and issued, March 1, 2023. The planning division has a few steps to complete after a design review has been issued.
EFN will not be using a subrecipient to implement any part of the project.
Overview of Project and Anticipated Outcomes
EFN has been operating above the capacity of our current space to meet the needs of the community. To maintain our current operating level of over 1 million pounds of food distributed each month, we currently use our primary 17,000-square-foot warehouse for storage and order building, along with our 3,200-square-foot vertical storage space, rented and owned trailers onsite for storage, and rented offsite storage space. All these measures made it possible for us to meet the 40% increase in demand that occurred during the first months of the COVID-19 pandemic. These measures also allow us to continue operating through increased community need this year, as we saw nearly double the number of clients’ visits this October compared to last.
To be prepared to meet changing community needs in the future, however, we need more sustainable, efficient, and permanent solutions. The new warehouse space created by the Building Campaign provides these solutions. The campaign will build an additional 21,500- square-foot warehouse space on our Lakewood campus, and it will serve as our primary storage space for food. Our existing warehouse will then maintain a 30-day supply of food and serve as a more efficient order-building space for distribution. We have already completed a feasibility study, established a close relationship with a design firm, hired a project manager to guide us through the process, and identified additional staffing and security that will be required for the warehouse to be operational. We are currently reviewing bids from contractors and navigating the permitting process. We plan to break ground in spring of 2023 on the project; project completion will occur by year’s end.
By centralizing our inventory onto our Lakewood campus, the Building Campaign will transform our daily operations. Our team’s twice-monthly inventory will become vastly more efficient and accurate, saving us transportation costs and countless work hours to move and monitor the product across locations. Increased inventory efficiency and accuracy ultimately Section 5 / Version 1 / August 19, 2024 75
FY2024 Community Project Funding Grant Guide (Version 1.0) Section 5 / Version 1 / August 19, 2024 76
mean better meeting the needs of our Partner Programs, providing them with the food they ask for more often. Additionally, if a natural disaster occurred with our current storage arrangements, we would risk being cut off from our food supply and being less able to feed our neighbors during a disaster. The 40% increase in storage space will also enable us to have more food on hand. During our feasibility study, we identified that we would need two FTE’s, security, and additional leadership on EFN’s Executive Team to manage the 40% increase in space. All these improvements will allow EFN to continue serving our community effectively, on a day-to-today basis and in the event of a disaster.
The Building Campaign will not just improve our operations in the short term, but it will position us for success in a changing food landscape for decades to come. Leaders in the hunger relief sector predict a shift in the types of foods in the emergency food system, moving away from nonperishables and towards fresh foods, specially produce. Our new warehouse is specifically designed with the ability to be retrofitted for additional cooler and freezer space, so that we will not need another capital project when the food landscape shifts. In the meantime, the new warehouse will provide additional storage space for nonperishable food. The pandemic taught us that flexibility is key to successfully navigating changing food streams, and the Building for the Future campaign will give us the necessary flexibility in the short- and long-term to feed our neighbors in need.
Attachment 7: Sample Budget
The sample below can be adapted for your project budget. This is not a required format but may be useful to consider. All CPF grantees are required to submit a line-item budget. As defined by 2 CFR 200.1, “budget” means the financial plan for the Federal award. It is an estimate of the money required to take a project from initiation to completion. The line-item budget should: show expenses for the entire project, both those being paid for by the CPF award as well as any other sources; identify separately those costs that will be paid by the CPF award and those that will be paid by another source; and be consistent with the Amended CPF Grants Table and the project narrative. The total CPF amount in the budget must equal the amount of the CPF award.
Sample Budget: Construction Projects
COST CLASSIFICATION CPF Funds Non-CPF Funds Total
1. Administrative and legal expenses
2. Land, structures, rights-of-way, appraisals, etc.
3. Relocation expenses and payments
4. Architectural and engineering fees
5. Other architectural and engineering fees
6. Project inspection fees
7. Site work
8. Demolition and removal
9. Construction
10. Equipment
11. Contingencies
12. SUBTOTAL
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13. Project (Program) Income
14. TOTAL PROJECT COSTS (subtract line 13 from 12)
Sample Budget: Non-Construction Projects
COST CLASSIFICATION CPF Funds Non-CPF Funds Total
1. Personnel
2. Fringe Benefits
3. Travel
4. Equipment
5. Supplies
6. Contractual
7. SUBTOTAL Direct Charges (sum of lines 1-6)
8. Indirect Charges
9. TOTAL PROJECT COSTS (sum of line 7 and 8)
10. Project (program) income
11. TOTAL PROJECT COSTS (subtract #10 from #9)
PAPERWORK REDUCTION ACT
Economic Development, Community Project Funding/Congressionally Directed Spending U.S. Department of Housing and Urban Development
OMB Approval No 2506-0217
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