Fort Walton Beach Council agenda — 06-02-09 special — reading text

6. 42 U. S. C. 5305( e)( 3), 24 CFR 570. 209, 24 CFR 570.482( f), 24 CFR 570. 490( x) and 24 CFR 570. 506( c) are waived to the extent necessary to permit grantees to carry out economic development projects without meeting the public benefit standards, except that 24 CFR 570. 209( b)( 3)( ii)( A) through (E) and 24 CFR 570.482( 0( 4)( ii)(A) through ( E) are not waived. 7. 42 U. S. C. 5308 and Subpart M of 24 CFR Part 570 are waived to the extent that they are not applicable to the use of CDBG -R funds. 8. Uses of grant funds must constitute an eligible use under the Recovery Act. In addition to being an eligible CDBG- R use of funds, each activity funded under this notice must also be eligible under 42 U. S. C. 5305( a) and Subparts C and I of Part 570, and meet a CDBG national objective under Subparts C and I of Part 570, as modified by this notice. Activities not listed as eligible under 42 U. S. C. 5305( a), and activities that are specifically listed as ineligible under 24 CFR 570. 207 and 24 CFR 570.482, are ineligible for CDBG -R funding. The last sentence of 42 U. S. C. 5301( c) is waived. 9. Pursuant to Section 1604 of the Recovery Act, CDBG -R funds may not be used for any casino or other gambling establishment, aquarium, zoo, golf course, or swimming pool. F. Timeliness of Use and expenditure of CDBG -R funds Background In accordance with the Recovery Act, HUD has imposed a grant period and expenditure deadline of September 30, 2012, to ensure that the use of CDBG -R funds is expedited. To that end, HUD has waived a number of regulatory and statutory provisions.  35 The timely expenditure regulatory requirements for the entitlement CDBG program will not apply to CDBG -R funds. These funds will not be included in determining compliance with the requirements of 24 CFR 570. 902. However, income generated from CDBG -R activities will be treated as program income to grantees' regular CDBG program, and thus will be included in timely expenditure compliance determinations. In selecting and designing activities for CDBG -R funding, grantees should consider the indirect effects on their compliance with the timely expenditure requirements for their regular CDBG funding. The timely distribution regulatory requirements for states will not apply to CDBG -R funds. Requirement The timely distribution or expenditure requirements of 42 U. S. C. 5304( e) and 24 CFR 570.494 and 570. 902 are waived to the extent necessary to allow the following alternative requirement: All CDBG -R grantees must expend their entire allocation of CDBG -R funds by September 30, 2012. Any funds not expended by September 30, 2012, will be recaptured by HUD and returned to the U.S. Treasury. G. Reporting Background HUD requires timely and accurate reporting on each CDBG -R grant in IDIS. HUD will use the information from IRIS to exercise oversight for compliance with the requirements of this notice and for prevention of fraud, waste, and abuse of funds. The Recovery Act imposes greater ( and more frequent) reporting requirements than those that apply to grantees' regular CDBG funding. Section 1512 of the Recovery Act requires that not later than 10 days after the end of each calendar quarter, each recipient that received recovery funds from a federal agency shall  36 submit a report to that agency that contains: ( 1) the total amount of recovery funds received from that agency; ( 2) the amount of recovery funds received that were expended or obligated to projects or activities; and ( 3) a detailed list of all projects or activities for which recovery funds were expended or obligated, including the name of the project or activity; a description of the project or activity; an evaluation of the completion status of the project or activity; an estimate of the number ofjobs created and the number ofjobs retained by the project or activity; and for infrastructure investments made by State and local governments, the purpose, total cost, and rationale of the agency for funding the infrastructure investment with funds made available under the Recovery Act and name of the person to contact at the agency if there are concerns with the infrastructure investment. Not later than 30 calendar days after the end of each calendar quarter, each agency that made Recovery Act funds available to any recipient shall make the information in reports submitted publicly available by posting the information on a website. Grantees' agreements with subrecipients or units of general local govenunent must contain a special contract condition requiring them to comply with the reporting requirements established for CDBG -R funding. All grantees, subrecipients and contractors desiring to participate in the CDBG -R program must obtain a Data Universal Numbering System DUNS) number. A DUNS number may be requested via the web at: http• / www / grants gov /applicants /requesduns number.isp. HUD will post guidance on its website regarding how to obtain a DUNS number. Title XV, Section 1512 of the Recovery Act states that funding recipients that are required to report infonnation per subsection ( c)( 4) of the Recovery Act (detailed infonnation on any subcontracts or subgrants awarded by the recipient to include the data  37 elements required to comply with the Federal Funding Accountability and Transparency Act of 2006 allowing aggregate reporting on awards below $ 25, 000 or to individuals) must register with the Central Contractor Registration ( CCR) database. CCR is the primary registrant database for the U. S. Federal government. CCR collects, validates, stores, and disseminates data in support of agency acquisition missions. Registration information on the CCR website can be found at http:// www.cci,.gov/,stai-tregistration.aspx, A CCR User Account Guide can be found at http:// www .cer. gov /doc/ UserAccount.pdf. CCR frequently asked questions can be found at http: / w / ww.cer. gov /FAQ. aspx #accounts. Additional information regarding subrecipients, other organizations, and contractors receiving CDBG -R funding will also be required to comply with the Federal Funding Accountability and Transparency Act of 2006 ( Public Law 109 --282) and to ensure accountability and transparency as cited in Title XV of the Recovery Act. This may include, but is not limited to, address and contact information as well as more detailed information about the entity and its award under this activity. The regular CDBG reporting requirements as well as the additional CDBG --R reporting requirements will be strictly enforced. HUD reserves the right to restrict access to grantees' CDBG -R funds for delinquent, incomplete, or inaccurate reporting. Each CDBG -R activity, regardless of eligibility category and national objective, will not only report on the regular CDBG aecomplislunents and perfonnance measures for that activity but also on the number of jobs created and retained, if applicable. ( Grantees should note that this jobs reporting requirement applies to all activities and has nothing to do with low- and moderate - income benefit national objective compliance based on job creation or retention.)  38 The Recovery imposes additional reporting requirements including, but not limited to, information on the environmental review process, the expected completion of the activity, the type of activity, and the location of the activity. The Department has not yet determined how these reporting requirements will be implemented. HUD will establish and disseminate reporting requirements for CDBG -R assisted activities at a later date. To collect these data elements and to meet its reporting requirements, HUD is requiring each grantee to report on its CDBG -R funds to HUD using IDIS. Requirements 1. Performance report alternative requirement. The Secretary may specify the fonn and timing of reports provided by the grantee under both 42 U. S. C. 5304( e) ( the HCD Act) and 42 U. S. C. 12708 ( NAHA). Therefore, the consolidated plan regulation at 24 CFR 91. 520 is waived and the alternative reporting form and timing for the CDBG -R funds is that: a. For infrastructure investments made by State and local governments, report the purpose, total cost, and rationale of the agency for funding the infrastructure investment with funds made available under this Act and name of the person to contact at the agency if there are concerns with the infrastructure investment. b. Provide detailed information on any subcontracts or subgrants awarded by the recipient to include the data elements required to comply with the Federal Funding Accountability and Transparency Act of 2006 ( Public Law 109 - 282), - allowing aggregate reporting on awards below $ 25, 000 or to individuals, as prescribed by the Director of the Office of Management and Budget. c. Information must be submitted using HUD' s IDIS system. Pursuant to Section 1512 of the Recovery Act, grantees must enter the data into IDIS on a quarterly basis for generation of  39 reports by HUD or other entities. 24 CFR 570.495 and 24 CFR 570. 910 are waived to the extent necessary to allow HUD to restrict access to funds in IDIS for any grantee that fails to fully comply with CDBG -R reporting requirements. d. Throughout 24 CFR parts 91 and 570, all references to " annual" requirements such as submission of plans and reports are waived to the extent necessary to allow the provisions of this notice to apply to CDBG -R funds, with no recurring annual requirements other than those related to civil rights and fait- housing certifications and requirements. H. Certifications Background Because this is a separate appropriation of funds, the certifications that are required for the CDBG program must also be submitted for the CDBG -R program; they are listed at 24 CFR 91. 225 for entitlement communities and 24 CFR 91. 325 for States. HUD is waiving the requirements that grantees follow their existing citizen participation plan, and that a state consult with units of general local government in preparation of its substantial amendment. Therefore, HUD is also waiving the certifications associated with these requirements. HUD is requiring additional certifications in addition to the certifications that are normally required. The additional certifications are tailored to CDBG -R grants. Although the CDBG -R is being implemented as a substantial amendment to the 2008 annual action plan, HUD is requiring submission of this additional set of certifications. Requirements Certifications for states and for entitlement communities. 1. Each jurisdiction will sign and submit the certifications at 24 CFR 91. 225( a) and ( b), or 24 CFR 91. 325( a) and ( b) as applicable, except that 24 CFR 91. 225( b)( 1), 24 CFR  40 91. 225( b)( 4)( ii), 24 CFR 91. 325( b)( 1), 91. 325( b)( 2)( i) and ( v), and 24 CFR 91. 325( b)( 4)( ii) are waived. 24 CFR 91. 225( b)( 4)( iii) and 24 CFR 91. 325( b)( 4)( iii) are waived to the extent necessary to eliminate the phrase " including Section