REVISED 11/15/2024
AMENDED STAFF REPORT 9.14(a) FROM AN INFORMATIONAL
ITEM TO AN ACTION ITEM
Agenda
Regular Meeting
Redding City Council
Council Chambers
777 Cypress Avenue
Redding, CA
November 19, 2024
6:00 PM
1. CALL TO ORDER - MAYOR TENESSA AUDETTE
A. Pledge of Allegiance
B. Invocation - Lynn Fritz, Native American Tradition as a Karuk Tribal Descendant/Shasta County Interfaith Forum Chair; and Joey Carroll, Native American Flute.
C. Roll Call
2. PRESENTATIONS
2A. Presentation by local Redding Neurologist Karen Garnaas, MD, providing information related to health issues associated with the overuse of Nitrous Oxide.
3. PUBLIC COMMENT - for non-agendized matters within the city’s jurisdiction.
PURSUANT TO THE BROWN ACT, CITY COUNCIL CANNOT TAKE ACTION ON PUBLIC
COMMENT ITEMS
The City Council will allocate up to a maximum of three minutes per speaker for 30 minutes total, at the beginning of the meeting for Public Comment for non-agendized matters within the City’s jurisdiction.
The Mayor will determine the order of the speakers. If 30 minutes is not adequate to accommodate all of the individuals who have submitted a Speaker Request Form to the City Clerk, the Council will trail this item to the end of the open session agenda. The remaining speakers will address the City Council at that time.
If anyone wishes to address the City Council on any item considered at this meeting before or during Council’s consideration of that item, please fill out a blue Speaker Request Form, located in the lighted alcoves at the back of the Council Chambers, and submit it to the City Clerk. The City Council will allocate up to a maximum of three minutes per speaker for each agenda item. Staff reports are available on-line at the City’s web site at www.cityofredding.gov or in the Public View binder located on the podium at the north side of the Chambers.
PLEASE SILENCE YOUR CELL PHONES. THANK YOU.
Redding City Council November 19, 2024
4. CONSENT CALENDAR
The Consent Calendar contains items considered routine and/or which have been individually scrutinized by City Council Members and are anticipated to require no further deliberation. If a member of the public wishes to address an item on the Consent Calendar, please fill out a Speaker Request Form and submit it to the City Clerk before the Consent Calendar is considered. It shall be the prerogative of any Council Member, before the Consent Calendar is acted upon, to: (1) comment on an item; (2) respond to any public comment on an item; (3) request the record reflect an abstention or nay vote on an item; or (4) remove an item and place it on the Regular portion of the agenda for delivery of a staff report and/or an extended discussion or deliberation. 4(a). Approve City Council Minutes: Regular Meeting of October 15, 2024; Special Meeting – Closed Session of November 5, 2024; and Regular Meeting of November 5, 2024.
4(b). Accept City of Redding Accounts Payable Register No. 4; and Payroll Register Nos. 7 and 8.
4(c). Adopt Ordinance No. 2672, an ordinance of the City of Redding, amending Title 11 (Vehicles and Traffic), Chapter 11.12 (Speed Limits), by amending Section 11.12.010 to update Volume III, relative to speed limits on certain streets.
4.2(c). Authorize and approve the following actions relative to the Community Development Block Grant Disaster Recovery Workforce Development Program grant application:
(1) Authorize the City Manager, or designee, to execute a City of Redding Partner Agreement with California Heritage YouthBuild Academy for an amount not to exceed $8,648,107;
(2) Find that executing the partner agreement and allocating grant funds is not considered a project under the California Environmental Quality Act; and
(3) Find that executing the partner agreement and allocating grant funds is considered an exempt activity and no further action is required under the National Environmental Policy Act.
Redding City Council November 19, 2024
4.5(a). Authorize and approve the following actions regarding Bid Schedule No. 5513, Inspection and Overhaul of the Unit 9 Hydroelectric Turbine and Auxiliaries:
(1) Authorize additional funding for hydroelectric turbine repairs in the amount not to exceed $1,200,000;
(2) Authorize amendment to the Stephen’s Mechanical contract resulting from Bid Schedule No. 5513 for additional funding up to $1,200,000 ($725,000 for generator rewinding; $300,000 for turbine and bearing repair; and $175,000 of contingency);
(3) Authorize the City Manager, or designee, to execute change orders and/or amendment to the Stephen’s Mechanical contract up to the total amount of the project;
(4) Adopt Resolution approving and adopting the 63rd Amendment to City Budget Resolution No. 2023-060 appropriating $1,200,000 for the Unit 9 Hydroelectric Turbine Overhaul; and
(5) Find that this project is categorically exempt from review under the California Environmental Quality Act pursuant to Sections 15301 (Existing Facilities) and 15302 (Replacement or Reconstruction).
4.6(a). Authorize and approve the following:
(1) Approve and ratify submission of a grant application to the California State Library through the California Library Literacy Services for $120,380;
(2) Approve and ratify acceptance of grant funds awarded from the California State Library through the California Library Literacy Services Program to fund the Shasta Public Libraries’ English as a Second Language Services;
(3) Authorize the City Manager, or designee, to execute the Award Agreement and all subsequent documentation relative to the grant; and (4) Adopt Resolution approving and adopting the 60th Amendment to City Budget Resolution No. 2023-060 appropriating $60,190 for the California State Library award funds for English as a Second Language Services for fiscal year 2024-2025.
4.9(a). Approve the Memorandum of Understanding (MOU) with SHIELD Regional Training Consortium, Inc., a 501(c)(3) nonprofit organization dedicated to providing local training to the region’s law, fire, and emergency medical services entities; and authorize the City Manager, or designee, to execute the MOU.
4.10(a). Adopt Resolution approving and adopting the 67th Amendment to City of Redding Budget Resolution No. 2023-060 re-appropriating available American Rescue Plan Act funding from various projects which are not expected to be expended or encumbered in the appropriate time frame and moved to fund City of Redding Police Department, Park Rangers through November 2026 for fiscal year 2024-25.
Redding City Council November 19, 2024
4.11(a). Accept update regarding the Emergency Repair and Replacement of Substandard Sewer Pipe and Failing Asphalt Concrete Pavement on Placer Street Project and, in accordance with Public Contract Code Section 22050(c)(1), make a determination by a four-fifths vote that there is a need to continue the emergency work.
4.11(b). Authorize and approve the following relative to the purchase of a dump truck for the City of Redding Storm Drain Utility Division:
(1) Authorize staff to use Sourcewell contract pricing, with a net delivered cost of $219,590.05, including all applicable taxes and fees; and (2) Authorize the City Manager, or designee, to approve future pricing adjustments, terms, and policy changes as needed up to an additional $10,000 for the purchase of the dump truck.
4.11(c). Approve an increase to the project construction contingency budget in the amount of $90,000, bringing the construction contingency total to $233,070, for the completion of Bid Negotiation No. 5452, Churn Creek Lift Station Rehabilitation Project.
4.11(d). Authorize and approve the following actions relative to Bid Negotiation No. 5531 (Job No. 2700), Liberty Street Sidewalk Improvement Project:
(1) Award to SnL Group, Inc. in the amount of $489,708; (2) Approve $60,000 to cover the cost of administration and inspection fees; (3) Approve $150,000 for project development costs;
(4) Approve $50,292 to provide construction contingency funding; (5) Authorize the City Manager, or designee, to approve additional increases in either the construction management or construction contingency amounts up to a total of $44,575; and
(6) Find that the project is categorically exempt from review under the California Environmental Quality Act Guidelines, pursuant to Section 15301 – Existing Facilities.
4.11(e). Adopt Resolution approving and adopting the 62nd Amendment to City Budget Resolution No. 2023-060 appropriating an additional $82,920 for environmental mitigation credits and balancing account budgets associated with three obligated Federal Emergency Management Agency projects for repairs along the Sacramento River trail for damages caused by the 2017 flooding event.
4.11(f). Authorize and approve the following:
(1) Partially accept the improvements in Shastina Ranch Subdivision–Unit 6 (S-7-03/PD-5-04) as satisfactorily complete, with the exception of the streetlights; and
(2) Adopt Resolution accepting the Shastina Ranch Subdivision–Unit 6 (S7-03/PD-5-04) streets for maintenance and operation.
4.11(g). Accept the improvements in Silverstone Subdivision Unit 3 (AMND-2020- 01135/S-2019-00280) as satisfactorily complete; and adopt Resolution accepting the Silverstone Subdivision Unit 3 (AMND-2020-01135/S-2019- 00280) streets for maintenance and operation.
Redding City Council November 19, 2024
4.11(h). Adopt Resolution approving and adopting the 64th Amendment to the City Budget Resolution No. 2023-060 increasing appropriations by $24,000 for utility expense in Fiscal Year 2023-24 and increasing appropriations by $10,000 for operating materials and supplies in Fiscal Year 2024-25, for the City of Redding-owned Benton Landfill.
4.12(a). Adopt Resolution approving an amended Appendix A (Designated Positions) to the City of Redding’s Conflict of Interest Code, Redding Municipal Code Chapter 2.90 (Conflict of Interest for designated positions of the City), in compliance with the California Fair Political Practices Commission biennial review requirements.
RECOMMENDATION: ACCEPT, ACKNOWLEDGE, ADOPT, APPROVE,
AND/OR AUTHORIZE ALL ITEMS ON THE CONSENT CALENDAR.
6. PUBLIC HEARINGS
A court challenge to action taken by the City Council on any project or decision may be limited to only those issues raised during the public hearing or in written correspondence delivered to the City Council during, or prior to, the public hearing.
6.1. 6.1--Consider Planned Development Application and Ordinance approving a Rezoning Application by L&S Redding Development, LLC, to add the “PD” Planned Development Zoning Overlay Designation to the previously approved Riverstone Subdivision.
Recommendation:
Authorize and approve the following:
(1) Offer an uncodified Ordinance, approving Rezoning Application (RZ2023-01709) consisting of rezoning of the Riverstone Subdivision to “RS-3.5- PD” Single Family Residential with Planned Development Overlay, for first reading by title only, and waive the full reading. The subject property consists of 10.5 acres located on property previously addressed as 2980 Wyndham Lane, generally located on the north side of Wyndham Lane at Lagoon Drive; (2) Adopt the Addendum to the Mitigated Negative Declaration prepared for Tentative Subdivision Map (S-2023-00582), Riverstone Subdivision, upon a determination that the necessary findings for approval are in evidence; (3) Direct the City Attorney to prepare and the City Clerk to publish a summary ordinance according to law; and
(4) Approve Planned Development Application (PD-2023-01708) subject to the draft conditions of approval with added Condition 7.f. to require the private maintenance of street lights.
Redding City Council November 19, 2024
9. REGULAR CALENDAR: REPORTS & COMMUNICATIONS OF DEPARTMENTS,
BOARDS, COMMISSIONS AND COMMITTEES
City Manager
9.1(a). Consider approval of a Non-Binding Letter of Intent regarding the Redding Rodeo Association Ground Lease negotiations.
Recommendation:
Approve the non-binding Letter of Intent (LOI) with the Redding Rodeo Association (RRA). This LOI provides the framework for amending the lease agreement for the Redding Rodeo Grounds (C-141). Approval of this LOI will allow both parties to proceed with formal negotiations, under a common understanding, to finalize a comprehensive lease amendment.
Electric Utility
9.5(b). Consider Redding Electric Utility's Quarterly Financial Report, Industry Activities Update, and Power Content Label.
Recommendation:
Accept the City of Redding Electric Utility’s Fiscal Year 2024-25 First Quarter Financial Report, Industry Activities Update, and Power Content Label.
9.5(c). Authorize Transfer of Transmission Capacity Entitlement and Assignment of Rights
Recommendation:
Authorize and approve the City Manager, or designee, to execute all necessary documents, including without limitation the agreements and amendments that: (1) transfer entitlement and assign Redding Electric Utility’s (REU) current 1.7496 percent ownership in the California-Oregon Transmission Project (COTP), as well as all associated rights, duties, liabilities, and obligations, from REU to the Transmission Agency of Northern California, a Joint Powers Agency (TANC); and (2) modify REU’s share, as well as all associated rights, duties, liabilities, and obligations, in the TANC project that allocates TANC’s ownership rights and duties in the COTP to the project participants, in the amount of the assigned (current) REU’s ownership of 1.7496 percent and duties in the COTP.
Redding City Council November 19, 2024
Community Services
9.6(b). Consider Little League Field use fees and negotiation of a Memorandum of Understanding with Little League organizations.
Recommendation:
Approve and authorize the following:
(1) Accept the report;
(2) Provide staff with direction relative to charging field usage fees for Little League organizations;
(3) Authorize the City Manager, or designee, to consult with the Community Services Advisory Commission for the negotiation of Memorandums of Understanding, for field use and maintenance, with the Little League organizations located within the City of Redding; and
(4) Authorize the Director of Community Services to execute MOUs with the Little League organizations.
Finance
9.10(b). Consider the City of Redding General Fund Quarterly Financial Report.
Recommendation:
Accept the General Fund Quarterly Financial Report for the quarter ended September 30, 2024.
Public Works
9.11(i). Consider Contractor's Control Termination with Abacus Construction, Inc. and Potential Findings of Fact with regard to Public Works Agreement dated June 17, 2022 for the Eastside Road over Olney Creek Bridge Project, Bid Schedule 5180, (Job No. 2477).
Recommendation:
Authorize and approve the following:
(1) Find that Abacus Construction, Inc. has failed to commence satisfactory corrective actions under the Public Works Agreement (Agreement) dated June 17, 2022, for the Eastside Road over Olney Creek Bridge Project, Bid Schedule 5180 (Job No. 2477), as the City of Redding requested via a Notice of Contractor’s Control Termination letter dated November 4, 2024; (2) Find that Abacus Construction, Inc. is in default of the Agreement; and (3) Authorize the City Manager, or designee, to take all appropriate action necessary to complete the project, including, as appropriate, written notice of termination for default to the Contractor and its Surety.
Redding City Council November 19, 2024
City Attorney
9.14(a). Consider Ordinance Amending Redding Municipal Code Title 2 (Administration and Personnel) to Increase City Council Member Compensation.
Recommendation:
Authorize and approve the following actions:
(1) Offer an Ordinance amending Redding Municipal Code (RMC) Title 2 (Administration and Personnel), to modify, Chapter 2.04.010 (City Council Compensation), increasing the monthly salary, for first reading by title only and waive the full reading;
(2) Authorize the City Clerk to publish the ordinance in accordance with law; and (3) Find that the action is exempt from environmental review under the California Environmental Quality Act (CEQA) Guidelines, pursuant to section 15061(b)(3) – Common Sense Exemption.
11. COUNCIL TRAVEL REPORT(S)
City Council Member attendance at conference/meetings reimbursed at City expense. {Requirement of Assembly Bill 1234}
[A-050-060]
Information Only
12. SUGGESTIONS FROM COUNCIL MEMBERS RELATIVE TO POTENTIAL TOPICS
FOR FUTURE CITY COUNCIL MEETINGS
13. ADJOURNMENT
Redding City Council November 19, 2024
Pursuant to the Brown Act, non-confidential materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available for inspection during normal business hours at the Office of the City Clerk, 3rd Floor, City Hall, 777 Cypress Avenue, Redding, California.
City Council Meetings will be televised live on Shasta Community Access Channels via Charter/Spectrum Cable channel 181, and will be rerun on Thursday at 12:30 p.m. during the week in which the meeting is held. Additionally, the meeting can be viewed online at the following: https://www.shastaartscouncil.org/scactv. Video of the City Council meetings can also be viewed on the City’s web site at http://www.cityofredding.gov/. Open the Services tab, and select City Council Videos.
In compliance with Title II of the Americans with Disabilities Act, the City of Redding will make available to persons with disabilities modifications or accommodations including auxiliary aids or services necessary to participate in public meetings. A person needing assistance should contact the Redding City Clerk by telephone at (530) 225-4447 or in person, or by mail at 777 Cypress Avenue, 3rd Floor, Redding, California 96001 at least three (3) working days in advance.
The City of Redding will ensure that no person shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination under any of its projects, activities, services, or business opportunities on the basis of race, color, national origin, age, sex, or disability, as afforded by Title VI of the Civil Rights Act of 1964 and related statutes as amended. All persons, regardless of their citizenship status, are covered under this regulation.
Questions, complaints, or requests for accommodations or additional information may be forwarded to the ADA & Title VI Coordinator at 777 Cypress Avenue, Attn: Personnel Dept., Redding, California 96001, Phone (530) 225-4065.
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Presentation by local Redding Neurologist Karen Garnaas, MD, providing information related to health issues associated with the overuse of Nitrous Oxide.
MEETING DATE: November 19, 2024
ITEM NO. 2A
FROM:
***APPROVED BY***
[email protected]
[email protected]
SUBJECT: 2A--Presentation by local Neurologist Karen Garnaas, MD Barry Tippin, City Manager
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CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Approve City Council Minutes: Regular Meeting of October 15, 2024; Special Meeting – Closed Session of November 5, 2024; and Regular Meeting of November 5, 2024.
Attachments
^Unofficial Minutes - Regular Meeting of October 15, 2024 ^Unofficial Minutes - Special Meeting - Closed Session of November 5, 2024 ^Unofficial Minutes - Regular Meeting of November 5, 2024 MEETING DATE: November 19, 2024
ITEM NO. 4(a)
FROM:
***APPROVED BY***
[email protected]
[email protected]
SUBJECT: 4(a)--Approve City Council Minutes.
Sharlene Tipton, City Clerk
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431
10/15/2024
Unofficial Minutes Redding City Council, Regular Meeting Civic Center Council Chambers
777 Cypress Avenue
Redding, CA 96001
October 15, 2024, 6:00 PM
The meeting was called to order by Mayor Tenessa Audette with the following Council Members present: Joshua Johnson, Mark Mezzano, Jack Munns, and Julie Winter.
Also present: City Attorney Christian M. Curtis, City Manager Barry Tippin, Assistant City Manager Steve Bade, City Clerk Sharlene Tipton, and Executive Assistant Erin Barnhart.
Pledge of Allegiance was led by Mayor Audette.
The Invocation was provided by Reverend Ken Ficklin, Unity in Redding.
PRESENTATIONS
2A. Mayor’s Proclamation presented to the five Rotary Clubs based in Redding proclaiming October 24, 2024, as World Polio Day in the City of Redding.
The City Council took no action on this informational item. 2B. Mayor’s Proclamation presented to the Shasta County Chemical People proclaiming October 23-31, 2024, as Red Ribbon Week in the City of Redding.
The City Council took no action on this informational item. 2C. PowerPoint Presentation by Shasta County Assessor-Recorder Leslie Morgan, incorporated herein by reference, providing the Office of Shasta County AssessorRecorder’s Annual Report for 2024-25.
A discussion amongst the Council ensued.
The City Council took no action on this informational item.
Council Members Munns and Winter left the Chambers at 6:37 p.m. and returned at 6:40 p.m.
PUBLIC COMMENT
Henry Miller stated that he has utilized the bus route from Redding to San Francisco and urged more long-term parking and bathroom access be provided for individuals arriving in the early hours of the morning.
Marianne Nobmann thanked Council and staff for their efforts to maintain the roads within the City of Redding.
Anne Connors expressed her appreciation for a City of Redding garbage truck driver. She noted that at one time her garbage wasn’t fully emptied and when she contacted the Solid Waste department, the driver returned and said that her trash can just needed a “bonk-bonk” to get the remainder out.
CONSENT CALENDAR
The following matters were considered inclusively under the Consent Calendar and each Report to City Council (staff report) is incorporated herein by reference:
4(b). Accept the following City of Redding Accounts Payable and Payroll Registers:
(1) Accounts Payable Register No. 3 for the period of September 1, 2024, through September 30, 2024, in the amount of $23,956,452.12; (2) Payroll Register No. 5 for the period of August 18, 2024, through August 31, 2024, in the amount of $4,939,800.81; and (3) Payroll Register No. 6 for the period of September 1, 2 024, through September 14, 2024; SUMMARY TOTAL: $34,129,318.79.
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Attachment: ^Unofficial Minutes - Regular Meeting of October 15, 2024 (4(a)--Approve City Council Minutes) 432
10/15/2024
4.1(a). Authorize the following position regarding a resolution being considered by the League of California Cities at its annual meeting on October 18, 2024: establish a support position on a resolution calling on the State Legislature to enact laws that ensure “what applies to one, applies to all” in the fair and equal treatment of all governmental officials at all levels in the State of California.
The Vote:
AYES: Council Members – Mezzano, Munns, Winter,
NOES: Council Members – Johnson, Audette
ABSTAIN: Council Members – None
ABSENT: Council Members – None
4.1(b). Adopt Resolution No. 2024-081, a resolution of the City Council of the City of Redding, in support of Proposition 36, the Homelessness, Drug Addiction, and Theft Reduction Act.
Council Member Mezzano noted that this is designed to fix Proposition 47, and conveyed his support.
4.3(a). Authorize the City Manager, or designee, to approve Dell infrastructure equipment and licensing procurement in an amount not to exceed $750,000; and adopt Resolution No. 2024-082, a resolution of the City Council of the City of Redding, approving and adopting the 58th Amendment to City Budget Resolution No. 2023-060 appropriating $650,000 for the project.
4.6(a). Authorize and approve the following actions relative to the City of Redding’s Reimagining South City Park Project: (1) accept the Outdoor Recreation Legacy Partnership Program grant award of $3.52 million; (2) authorize the City Manager to execute a Deed Restriction requiring that South City Park remain an outdoor recreation use area in perpetuity; (3) adopt Resolution No. 2024-083, a resolution of the City Council of the City of Redding, approving and adopting the 57th Amendment to City Budget Resolution No. 2023-060 appropriating $3,520,000 for the Outdoor Recreation Legacy Partnership Program grant for the Reimagining South City Park project for fiscal year 2024-25; and (4) authorize the City Manager, or designee, to execute the Grant Contract (C8968023) and all subsequent documentation relative to the grant.
4.6(b). Authorize and approve the following: (1) authorize the City Manager, or designee, to execute an agreement with the California Department of Fish and Wildlife for funding through the Sport Fish Restoration - Boating Access Program in the amount of $428,167 and all documents necessary to implement the program; (2) adopt Resolution No. 2024- 084, a resolution of the City Council of the City of Redding, approving and adopting the 56th Amendment to City Budget Resolution No. 2023-060 appropriating $428,170 for Fiscal Year 2024-25; and (3) authorize staff from the City of Redding Parks Division to complete the work outlined in the grant agreement.
4.8(a). Authorize and approve the following: (1) approve the Standard Agreement (A241013722) with the Governor’s Office of Emergency Services and the City of Redding for regional hazardous materials response training reimbursement; and (2) authorize the City Manager, or designee, to execute the Agreement in the amount of $150,000.
4.11(a).Approve and authorize the following actions relative to the City of Redding Canter Court Sewer Project: (1) adopt the Mitigated Negative Declaration and the Mitigation Monitoring and Environmental Commitment Program; and (2) approve the Canter Court Sewer Project as described, thereby satisfying the requirements of the California Environmental Quality Act Guidelines §15074.
4.11(b).Authorize the following actions relative to the City of Redding’s Downtown Parking Program: (1) add an annual parking fee holiday for the Asphalt Cowboys’ Pancake Breakfast event on the Friday of Rodeo Week; (2) add a bi-annual parking fee holiday for Election Day on the Tuesday after the first Monday of November; (3) adopt Resolution No. 2024-085, a resolution of the City Council of the City of Redding, to amend the Traffic Control Map as noted on Exhibit A as follows: (a) modify certain areas of Oregon Street, between Shasta and Eureka Way to establish a two-hour parking zone; (b) add a loading zone for the two parking stalls on the south side of Placer Road to the immediate west of Court Street; and (4) find that the action is exempt from environmental review under the California Environmental Quality Act, pursuant to 14 CCR 15061(b)(3) (Common Sense Exemption).
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Attachment: ^Unofficial Minutes - Regular Meeting of October 15, 2024 (4(a)--Approve City Council Minutes) 433
10/15/2024
Henry Miller opined that there should be: (1) longer hours beyond the existing two-hour time limit for parking downtown; and (2) a more user-friendly system for out of town travelers.
4.11(c).Authorize termination of the California Natural Resources Agency’s Urban Flood Protection Grant for the Boulder Creek Flood Protection and Natural Treatment Project; and authorize the City Manager to sign the grant termination letter.
4.11(d).Authorize the following actions relative to Bid Negotiation No. 5466, (Job No. 2686) Systemic Intersection Safety Lighting Project: (1) award to Crosspoint General Engineering, in the amount of $632,937; (2) approve $79,000 for construction contract administration and inspection costs; (3) approve $134,500 for project development costs; (4) approve $63,000 to provide construction contingency funding; (5) authorize the City Manager to approve additional increases in either the construction management or construction contingency amount up to a total of $15,000; and (6) find that the project is categorically exempt from review under the California Environmental Quality Act Guidelines, pursuant to Section 15301 - Existing Facilities, Section 15302 – Replacement or Reconstruction, and Section 15303 – New Construction or Conversion of Small Structures.
4.11(e).Accept update regarding the Emergency Repair and Replacement of Substandard Sewer Pipe and Failing Asphalt Concrete Pavement on Placer Street Project and, in accordance with Public Contract Code Section 22050(c)(1), make a determination by a four-fifths vote that there is a need to continue the emergency work.
4.15(a).Adopt Resolution No. 2024-086, a resolution of the City Council of the City of Redding, effective October 13, 2024, amending the title of the City of Redding Salary Schedule for Non-Exempt Unrepresented Employees.
4.15(b).Accept report recognizing City of Redding employees who have achieved or will achieve 5, 10, 15, 20, 25, or 30 years of service with the City of Redding as of December 31, 2024.
4.15(c).Adopt a City of Redding (City) Personnel Policy - Payroll Time Cards Policy providing guidance and procedures for accurate reporting of work time, absences, and payroll, using the Oracle Time and Absences module as the City-approved web-based payroll system.
A MOTION WAS MADE by Council Member Winter, seconded by Council Member Mezzano, that the foregoing items on the Consent Calendar be accepted, acknowledged, adopted, affirmed, approved, and/or authorized as recommended with the exception of those item(s) voted on separately above.
The Vote:
AYES: Council Members – Johnson, Mezzano, Munns, Winter, and Audette NOES: Council Members – None
ABSTAIN: Council Members – None
ABSENT: Council Members – None
Resolution Nos. 2024-081 through 2024-086 are on file in the Office of the City Clerk.
PUBLIC HEARING(S)
6.1. Public Hearing - Resolution approving the City of Redding's Capital Improvement Plan for Fiscal Years 2023-24 to 2028-29.
Public Works Director Michael Webb summarized the Report to City Council (staff report), and provided a PowerPoint presentation, both incorporated herein by reference.
In response to Council Member Winter’s question, Mr. Webb advised that the Capital Improvement Plan (Plan) is funded by multiple funding sources such as grants, and staff are continuously looking for additional funding sources to make the necessary improvements specified in the Plan.
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Attachment: ^Unofficial Minutes - Regular Meeting of October 15, 2024 (4(a)--Approve City Council Minutes) 434
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In response to Council Member Johnson’s question, Mr. Tippin explained that the gas tax received by the State of California is allocated into the General Fund, but it is restricted to be spent on road maintenance and repair. He noted that this CIP will be adjusted as to what can be afforded within the fiscal budget.
The hour of 7:17 p.m. having arrived, Mayor Audette opened the Public Hearing.
In response to Henry Miller’s question regarding what factors are used to determine and prioritize projects, Mr. Tippin summarized that prioritization happens for departments such as Public Works, Redding Electric Utility, and Community Services through Asset Management. They analyze things from road conditions, to funding available through grants and other sources. The department’s goal through monitoring is to preserve as much of the continuity of the equipment or roadways to prevent full reconstruction.
Additionally, Mayor Audette explained to Mr. Miller that there are specific terms when grant funds are awarded to the City of Redding as well as specific terms for when the City accepts a bid for a project.
Mayor Audette determined that no else wished to address this matter and closed the Public Hearing.
The Affidavit of Publication – Notice of Public Hearing is on file in the Office of the City Clerk.
A discussion amongst the Council ensued.
A MOTION WAS MADE by Council Member Winter, seconded by Council Member Munns, to adopt Resolution No. 2024-087, a resolution of the City Council of the City of Redding approving the City of Redding’s Capital Improvement Plan for Fiscal Years 2023−24 to 2028−29.
The Vote:
AYES: Council Members – Johnson, Mezzano, Munns, Winter, and Audette NOES: Council Members – None
ABSTAIN: Council Members – None
ABSENT: Council Members – None
Resolution No. 2024-087 is on file in the Office of the City Clerk.
6.2. Public Hearing - Ordinance regarding Rezoning Application (RZ-2024-01015), by the City of Redding, for proposed amendments to the Redding Municipal Code.
Planning Manager Lily Toy summarized the Report to City Council (staff report), and provided a PowerPoint presentation, both incorporated herein by reference.
The hour of 7:29 p.m. having arrived, Mayor Audette opened the Public Hearing.
Mayor Audette determined that no one present wished to address this matter and closed the Public Hearing.
The Affidavit of Publication – Notice of Public Hearing is on file in the Office of the City Clerk.
A discussion amongst the Council ensued.
Remainder of the page left intentionally blank
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Attachment: ^Unofficial Minutes - Regular Meeting of October 15, 2024 (4(a)--Approve City Council Minutes) 435
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A MOTION WAS MADE by Council Member Mezzano, seconded by Council Member Johnson, to: (1) Offer Ordinance No. 2671, an ordinance of the City of Redding, amending the following, all relating to clean-up and updating of the Zoning Code, for first reading by title only and waive the full reading: (a) Section 7.12.160: Amend the type of permit required for dog kennels from a use permit to a site development permit to be consistent with the Zoning Ordinance, Title 18; (b) Section 18.01.050: Correct a typo in the Base Zoning Districts table; (c) Section 18.15.040: Correct a typo in the required findings for zoning exceptions; (d)Section 18.26: Amend the Residential Density Bonus Chapter to comply with State law; (e) Section 18.36.030: Add Golf Courses as a use allowed with a Use Permit in the “PF” Public Facilities Zoning District; (f)Section 18.41.100: Reinsert standards requiring shade trees within parking lot areas which were inadvertently eliminated in a previous code clean up; (g) Sections 18.42.030: Reformat notes applicable to maximum sign area allowances. To further allow for larger temporary banners without a discretionary permit thereby increasing the size criteria from 24 square feet to 50 square feet; (h) Section 18.48.030: Correct the reference to the appropriate setback schedule for River/Creek Corridor Development Standards; (2) authorize the City Attorney to prepare and the City Clerk to publish the summary ordinance according to law; and (3) find the Addendum to the Mitigated Negative Declaration is adequate to comply with the requirements of the California Environmental Quality Act.
The Vote:
AYES: Council Members – Johnson, Mezzano, Munns, Winter, and Audette NOES: Council Members – None
ABSTAIN: Council Members – None
ABSENT: Council Members – None
City Attorney Curtis read the title of Ordinance No. 2671.
6.3. Public Hearing - Pathways to Removing Obstacles to Housing Grant Application.
Housing and Community Development Manager Nicole Smith provided an overview of the Report to City Council (staff report), incorporated herein by reference.
The hour of 7:34 p.m. having arrived, Mayor Audette opened the Public Hearing.
Mayor Audette determined that no one present wished to address this matter and closed the Public Hearing.
The Affidavit of Publication – Notice of Public Hearing is on file in the Office of the City Clerk.
A MOTION WAS MADE by Council Member Mezzano, seconded by Council Member Munns, to: (1) authorize staff to apply for a U.S. Department of Housing and Urban Development Pathways to Removing Obstacles to Housing Program grant in the amount of $7 million; (2) authorize the City Manager, or designee, to execute the grant and any other documents necessary to complete the application process; (3) find that applying for, and accepting, grant funding is not considered a project under the California Environmental Quality Act; and (4) find that applying for funding is exempt under the National Environmental Policy Act §58.34(a)(3) administrative and management activities. If awarded, an environmental review will be completed for any grant funded activities once known. The Vote: Unanimous Ayes.
REGULAR CALENDAR: REPORTS & COMMUNICATIONS OF DEPARTMENTS,
BOARDS, COMMISSIONS AND COMMITTEES
9.2(a). United Way's Mark Street Emergency Housing Site Presentation and Property Sublease Extension.
Community Development Manager Nicole Smith provided an overview of the Report to City Council (staff report), incorporated herein by reference.
Larry Olmstead, President and Chief Executive Officer for United Way of Northern California (United Way), provided a PowerPoint presentation, incorporated herein by reference, and a short audio depicting the Mark Street emergency housing site.
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Tim Danielson, Senior Program Manager for United Way, and Sara Ray, Micro Shelter Site Director for United Way, both expressed appreciation for the partnerships with all who have helped make the program possible. Mr. Danielson and Ms. Ray stated the United Way utilizes the Homeless Information Management System “HIMS” which is used for needsbased placement, and more information can be found through 211 Shasta and ShastaConnect.
The following spoke in favor of a lease extension: Art Sevilla, Executive Director for Empire Recovery Center, Chaplain Janet Chapman (First Christian Church), and Wendy Sanders.
A discussion amongst the Council ensued.
In response to Council Member’s concerns with the operational plans and costs, Mr.
Olmstead stated that security is a large portion of the cost, but very important and noted that they will be fundraising to fill any financial gaps for 2025, and confirmed that funds are not being requested from the City at this time.
In response to the Council Members’ comments, Mr. Olmstead advised that United Way would explore all avenues to reduce costs and serve more people in treatment.
A MOTION WAS MADE by Council Member Mezzano, seconded by Council Member Munns, to:(1) accept a presentation from United Way of Northern California on the Mark Street Emergency Housing Site located at 3211 Mark Street; (2) authorize the City Manager to execute the Third Amendment to the Sublease between the City of Redding (City) and United way of Northern California extending the term of the Property Sublease (C-9664) for up to two years, thereby terminating December 31, 2026 - conditioned upon the Redding Area Bus Authority (RABA) Board of Directors approving a Property Lease amendment between the City and RABA to extend the lease term to December 31, 2026; (3) find that receiving a presentation and providing direction to the City Manager on future sublease extensions is not a project as defined under the California Environmental Quality Act, and no further action is required; and (4) find that receiving a presentation and providing direction to the City Manager on future sublease extensions is considered an exempt activity under National Environmental Policy Act, 24 CFR §58.34(a)(3) administrative activities.
The Vote:
AYES: Council Members – Johnson, Mezzano, Munns, and Winter NOES: Council Members – Audette
ABSTAIN: Council Members – None
ABSENT: Council Members – None
9.4(a). Oral report to consider City of Redding Development Services Department updates.
Council Members Mezzano and Munns left the room at 8:49 p.m. and returned at 8:51 p.m.
Development Services Director Jeremy Pagan provided an overview of the Report to City Council (staff report), incorporated herein by reference.
Mr. Pagan relayed stakeholder feedback received from recent meetings held, and summarized the following key action areas that will be a main focus of the Development Services Department moving forward: (a) streamline review; (b) navigate regulations; (c) improve operations; and (d) enhance culture.
In response to Council Member questions and comments, Mr. Tippin reminded the Council that it takes resources to go back to the time period of when there were dedicated planners and engineers just for land management.
A discussion amongst the Council ensued.
The City Council took no formal action on this informational item.
9.6(c). Oral report regarding the 2024 Community Creek Clean-Up Community Services Associate Project Coordinator Leah Mancabelli, highlighted the Report to City Council (staff report), and provided a PowerPoint presentation, both incorporated herein by reference.
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Ms. Mancabelli thanks the many volunteers, staff, and Council Members, who helped with the 18th annual cleanup held on September 21, 2024, from 8 a.m. to 12 p.m., spread across three sites along Calaboose Creek, located at 2024 California Street, 1501 Oregon Street, and 1445 Almond Avenue. She noted that they capitalized on the momentum that the City of Redding gained with a public works project through the Clean California grant that prioritized the clean-up of Calaboose Creek with a non-profit organization called Plantable.
The City Council took no formal action on this informational item.
SUGGESTIONS FROM COUNCIL MEMBERS RELATIVE TO POTENTIAL TOPICS FOR
FUTURE CITY COUNCIL MEETINGS
At Vice Mayor Julie Winter’s suggestion, a consensus of the Council directed staff to coordinate with Shasta County Public Health and return to Council with a presentation regarding products being sold in local vape shops called nitrous oxide canisters, more commonly known as “whippets”, and the lasting neurological damage caused by inhaling them.
ADJOURNMENT
There being no further business at the hour of 9:32 p.m., Mayor Audette declared the meeting adjourned.
APPROVED:
_______________________________
Tenessa Audette, Mayor
ATTEST:
_______________________________
Sharlene Tipton, City Clerk
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Unofficial Minutes Redding City Council, Special Meeting Civic Center Council Chambers
777 Cypress Avenue
Redding, CA 96001
November 5, 2024, 5:15 PM
The meeting was called to order by Mayor Tenessa Audette with the following Council Members present: Joshua Johnson, Mark Mezzano, and Jack Munns. Council Member Julie Winter was absent.
Also present: City Manager Barry Tippin, City Attorney Christian M. Curtis, Assistant City Manager Steve Bade, City Clerk Sharlene Tipton, and Assistant City Clerk Anette Cates.
PUBLIC COMMENT
Mayor Audette determined that no one present wished to address the items agendized for Closed Session.
CLOSED SESSION
At the hour of 5:15 p.m., Mayor Audette opened the Special Meeting and announced that the Council would adjourn to Closed Session.
At the hour of 6:00 p.m., Mayor Audette reconvened the Special Meeting to Open Session and reported that in reference to:
3A. Closed Session pursuant to California Government Code Section 54957(b)(1):
PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE
Pursuant to Government Code Section 54957.1(a), the City Council took no reportable action on this item.
3B. Closed Session pursuant to California Government Code Section 54956.8:
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Location: Vacant Land Located on Old Oregon Trail, APN 075-260-029 City Negotiator: Public Works Director Webb
Parties: City of Redding and A. Landon Bruce, a married man; and Alvin Landon Bruce and Bryon C. Bruce, Conservators of the Person and Estate of Arlene E. Bruce Under Negotiation: Price and Terms
Pursuant to Government Code Section 54957.1(a), the City Council took no reportable action on this item.
3C. Closed Session pursuant to California Government Code Section 54956.9(d)(4):
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of Litigation
One potential case
Pursuant to Government Code Section 54957.1(a), the City Council took no reportable action on this item.
ADJOURNMENT
There being no further business at the hour of 6:01 p.m., Mayor Audette declared the meeting adjourned.
APPROVED:
_______________________________
Tenessa Audette, Mayor
ATTEST:
_______________________________
Sharlene Tipton, City Clerk
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Attachment: ^Unofficial Minutes - Special Meeting - Closed Session of November 5, 2024 (4(a)--Approve City Council Minutes) 439
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Unofficial Minutes Redding City Council, Regular Meeting Civic Center Council Chambers
777 Cypress Avenue
Redding, CA 96001
November 5, 2024, 6:00 PM
The meeting was called to order by Mayor Tenessa Audette with the following Council Members present: Joshua Johnson, Mark Mezzano, and Jack Munns. Council Member Julie Winter was absent.
Also present: City Attorney Christian M. Curtis, City Manager Barry Tippin, Assistant City Manager Steve Bade, City Clerk Sharlene Tipton, and Assistant City Clerk Anette Cates.
Pledge of Allegiance was led by Mayor Audette.
The Invocation was provided by Dan Conklin, Chaplain for the Redding Police and Fire Departments.
PUBLIC COMMENT
Andy Clemens spoke on behalf of the Asphalt Cowboys to express their appreciation to City Council and staff for approving a Parking Fee Holiday to the Redding Parking Program for the Asphalt Cowboys’ annual pancake breakfast during Rodeo week.
CONSENT CALENDAR
The following matters were considered inclusively under the Consent Calendar and each Report to City Council (staff report) is incorporated herein by reference:
4(a). Approve City Council Minutes: Regular Meeting of September 17, 2024; Regular Meeting of October 1, 2024; Special Meeting of October 8, 2024; and Special Meeting – Closed Session of October 15, 2024.
4(c). Adopt Ordinance No. 2671, an ordinance of the City Council of the City of Redding, amending Redding Municipal Code (RMC) Title 7 (Animals), Chapter 7.12 (Dogs), by amending Section 7.12.160 (Kennel License-Approval of Board of Administrative Review Required) and amending RMC Title 18 (Zoning), Chapter 18.01 (Titles, Components, and Purposes), by amending Section 18.01.050 (Applicability of Land Use and Development Regulations), Chapter 18.15 (Zoning Exceptions), by amending Section 18.15.040 (Required Findings), Chapter 18.26 (Residential Density Bonus), by amending Sections
18.26.010 (Purpose), 18.26.020 (Incorporation of State Regulations), 18.26.030 (Definitions), 18.26.040 (Eligibility for Density Bonus), 18.26.050 (Application Requirements), 18.26.060 (Density Bonus Allowance), 18.26.070 (Incentives and Waiver/Modification of Development Standards), 18.26.080 (Child Care Facilities),
18.26.090 (Donation of Land), 18.26.100 (General Development Criteria), 18.26.110 (Required Findings), 18.26.120 (Affordable Housing Agreement Required), 18.26.130 (Administrative Fee), 18.26.140 (Violations of Affordable Housing Cost Requirements), Chapter 18.36 (Public Facilities), by amending Section 18.36.030 (Land Use Regulations), Chapter 18.41 (Off-Street Parking), by amending Section 18.41.100 (Screening and Landscape); Chapter 18.42 (Signs), by amending Section 18.42.030 (General Standards); Chapter 18.48 (River/Creek Corridor Development), by amending Section 18.48.030 (Development Standards).
4.1(a). Adopt Resolution No. 2024-088, a resolution of the City Council of the City of Redding, in support of selling approximately five acres of City of Redding (City)-owned vacant land, zoned Heavy Industrial, located at 7501 Eastside Road, (Assessor’s Parcel No. 050-040- 010), to Haven Humane Society for below appraised value in the amount of $230,000, to build an emergency evacuation animal shelter to support the City and Shasta County during emergencies.
4.1(b). Authorize the City Manager, or designee, to present terms and conditions regarding the sale of surplus, City of Redding-owned property located at 6950 Lockheed Drive (Assessor’s Parcel No. 056-610-004) to the City Council in Closed Session on November 19, 2024.
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4.2(a). Authorize and approve the following: (1) adopt Resolution No. 2024-089, a resolution of the City Council of the City of Redding, approving an application to the State of California Department of Housing and Community Development’s Prohousing Designation Program; (2) authorize the City Manager, or designee, to sign and submit the application, and execute all necessary documents related to the Prohousing Designation process; and (3) find that applying for, and accepting, a Prohousing Designation is not considered a project under the California Environmental Quality Act.
4.2(b). Authorize and approve the following: (1) award the Request for Proposals - Encampment Case Management Program to Good News Rescue Mission; (2) authorize the City Manager, or designee, to execute an Encampment Case Management Services Contract with Good News Rescue Mission in an amount not to exceed $409,921; and (3) find that allocating grant funding for case management services is not considered a project under the California Environmental Quality Act.
Council Member Johnson recused himself from voting on this item due to his work on both the project and application for the Good News Rescue Mission.
The Vote:
AYES: Council Members – Mezzano, Munns, and Audette
NOES: Council Members – None
ABSTAIN: Council Members – Johnson
ABSENT: Council Members – Winter
4.5(a). Approve the continuation of the City of Redding Electric Utility’s community sponsorship program as defined in Standard Operating Procedure (SOP-650) to ensure staff is using a structured approach to awarding sponsorship requests.
4.5(b). Award Bid Schedule No. 5516, 200-Amp Padmount Sectionalizing Enclosures and Riser Kits for the City of Redding Electric Utility to OneSource Supply Solutions in the amount of $362,376.60, for installation of infrastructure required to maintain reliable electric service.
4.5(c). Authorize the following relative to Bid Schedule No. 5514, Single-Phase, Pole-Type Transformers for the City of Redding Electric Utility: (1) award to OneSource Supply Solutions (OneSource) for an annual evaluated price of $244,696.24, including sales tax; (2) authorize the Purchasing Officer to extend the bid award annually with OneSource through August 31, 2028, if mutually agreeable, with all terms and conditions remaining the same and price adjustments in direct proportion to a Producer Price Index; and (3) authorize the City Manager, or designee, to approve an additional $60,000 to the bid award as a contingency per fiscal year.
4.9(a). Authorize and approve the following: (1) approve and ratify submission of an application for the U.S. Department of Justice 2024 Edward Byrne Memorial Justice Assistance Grant in the amount of $39,932 to fund the leasing of five additional body worn cameras; (2) authorize the City Manager to accept the grant if it is awarded; and (3) authorize the City Manager, or designee, to sign the grant application's Certifications and Assurances signifying that the governing body was notified of the application and citizens were provided the opportunity to comment on the application.
4.9(b). Authorize and approve the following: (1) accept a grant from the California Department of Justice Tobacco Grant Program in the amount of $630,569 for local retailer enforcement operations by the City of Redding Police Department; (2) adopt Resolution No. 2024-090, a resolution of the City Council of the City of Redding, approving the acceptance of the grant; and (3) authorize the City Manager, or designee, to execute all documents related to acceptance of the grant.
4.11(a).Authorize and approve the following: (1) approve renewal of the License Agreement (C-4255) leasing approximately 280 acres of City of Redding-owned pastureland immediately north of the Sacramento River, adjacent to the Stillwater Wastewater Treatment Plant, to the Regents of the University of California for an additional fiveyear period; and (2) find that the action is categorically exempt from review under the California Environmental Quality Act, pursuant to Section 15301 – Existing Facilities.
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4.11(b).Authorize and approve the following related to the purchase of one, 2024 Caterpillar D8 Dozer for the City of Redding Solid Waste Utility: (1) authorize the purchase using Sourcewell contract pricing, with a net delivered cost of $1,235,431.07 including all applicable taxes and fees; and (2) authorize the City Manager, or designee, to approve future pricing adjustments, terms, and policy changes as needed due to inflation and unstable economic conditions up to a total of $30,000.
.
4.11(c).Accept Bid Negotiation No. 5345 (Job No. 9618-83), Shastina Ranch Park Project awarded to SNL Group, Inc., as satisfactorily complete, with a final cost of $2,831,805.07.
4.11(d).Accept update regarding the Emergency Repair and Replacement of Substandard Sewer Pipe and Failing Asphalt Concrete Pavement on Placer Street Project and, in accordance with Public Contract Code Section 22050(c)(1), make a determination by a four-fifths vote that there is a need to continue the emergency work.
4.11(e).Authorize and approve the following actions relative to Bid Schedule No. 5414, Furnish & Deliver Chemicals: (1) extend contracts with Helix Labs, Thatcher Chemical, Univar USA, Inc., and Wintersun Chemical for a total annual evaluated cost of $339,965.50 through December 31, 2025, not inclusive of sales tax, mill fees, or shipping; (2) authorize staff to purchase various chemicals from each of the suppliers depending on market availability or delays in product delivery; (3) authorize the Purchasing Officer to approve quarterly rate changes and manufacturer price increases; and (4) authorize the Purchasing Officer to extend this contract on an annual basis until December 31, 2028.
4.11(f).Authorize and approve the following actions relative to Bid Negotiation No. 5523 (Job Order No. 2681), Water Main 2024 Improvement Project: (1) award to Cox & Cox Construction, Inc., in the amount of $3,378,220.50; (2) approve an additional $380,000 to cover the cost of administration and inspection fees; (3) approve $521,300 for project development costs; (4) approve $338,000 to provide construction contingency funding; (5) authorize the City Manager to approve additional increases in either the construction management or construction contingency amounts up to a total of $50,000; and (6) find that the Project is categorically exempt from review under the California Environmental Quality Act, pursuant to Section 15301 - Existing Facilities, 15302- Replacement or Reconstruction, and 15305 – Minor Alterations in Land Use Limitations.
4.11(g).Authorize and approve the following actions relative to Bid Negotiation No. 5475, Old Oregon Trail Shoulder Widening Project: (1) award to Tullis Inc. in the amount of $2,354,655; (2) approve an additional $454,336 to cover the cost of administration and inspection fees; (3) approve $1,580,000 for project development costs; (4) approve $300,000 to provide construction contingency funding; (5) authorize the City Manager, or designee, to approve additional increases in either the construction management or construction contingency amounts up to a total of $50,000; and (6) adopt Resolution No. 2024-091, a resolution of the City Council of the City of Redding, approving and adopting the 59th Amendment to City Budget Resolution No. 2023-060 appropriating $1,103,810 of additional Federal Highway Safety Improvement Program funds to Old Oregon Trail Widening project.
Council Member Mezzano recused himself from voting on this item due to owning property in this area.
The Vote:
AYES: Council Members – Johnson, Munns, and Audette
NOES: Council Members – None
ABSTAIN: Council Members – Mezzano
ABSENT: Council Members – Winter
4.11(h).Authorize and approve the following actions related to the City of Redding California Street Bikeway Project: (1) approve Maintenance Agreement with the California Department of Transportation; and (2) authorize the City Manager, or designee, to execute the Maintenance Agreement and any future amendments.
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4.11(i).Authorize and approve the following actions relative to Consulting and Professional Services Contract (C-7355) for the Girvan Road Bridge at Olney Creek Replacement Project: (1) approve the Fifth Amendment to the Consulting and Professional Services Contract (C-7355) with Morrison Structures, Inc. in the amount of $301,848.28 for a total not to exceed fee of $1,101,484.11; (2) authorize the City Manager, or designee, to execute the Amendment; and (3) authorize the City Manager, or designee, to approve additional contract amendments not to exceed $40,000.
A MOTION WAS MADE by Council Member Mezzano, seconded by Council Member Munns, that the foregoing items on the Consent Calendar be accepted, acknowledged, adopted, approved, and/or authorized as recommended with the exception of those voted on separately above.
The Vote:
AYES: Council Members – Audette, Johnson, Mezzano, and Munns NOES: Council Members – None
ABSTAIN: Council Members – None
ABSENT: Council Members – Winter
Resolution Nos. 2024-088 through 2024-091 are on file in the Office of the City Clerk.
REGULAR CALENDAR: REPORTS & COMMUNICATIONS OF DEPARTMENTS,
BOARDS, COMMISSIONS AND COMMITTEES
9.11(j). Ordinance amending Redding Municipal Code Chapter 11.12, Speed Limits, in the City of Redding.
Public Works Director Michael Webb provided an overview of the Report to City Council (staff report) and a PowerPoint Presentation, both incorporated herein by reference.
Mr. Webb explained that overall, the amendments to Volume 3 include the addition of one street, Meadow View Drive, decreasing the speed limit of three street segments, increasing the speed limit of one street segment and adjusting the boundaries of four street segments.
In response to Council Member Mezzano, Redding Police Chief Brian Barner affirmed that there would be a cooling off period by law prior to citations being issued for violations within the four updated speed limit areas.
A discussion amongst the Council ensued.
A MOTION WAS MADE by Council Member Mezzano, seconded by Council Member Munns, to approve and authorize the following: (1) offer Ordinance No. 2672, an ordinance of the City Council of the City of Redding, amending Redding Municipal Code Title 11 (Vehicles and Traffic), Chapter 11.12 (Speed Limits) by amending Section 11.12.010 (Established on Certain Streets) for first reading by title only and waive the full reading; (2) direct the City Attorney to prepare a summary ordinance, if needed, and authorize the City Clerk to publish the summary ordinance according to law; and (3) find that the action is categorically exempt from review under the California Environmental Quality Act Guidelines, pursuant to Section 15061(b)(3) – Common Sense Exemption.
The Vote:
AYES: Council Members – Johnson, Mezzano, Munns, and Audette NOES: Council Members – None
ABSTAIN: Council Members – None
ABSENT: Council Members – Winter
City Attorney Curtis read the title of Ordinance No. 2672 and is on file in the Office of the City Clerk.
COUNCIL TRAVEL REPORTS
Council Members Joshua Johnson and Mark Mezzano attended the Annual Conference of the League of California Cities in Long Beach, California, from October 16-18, 2024.
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SUGGESTIONS FROM COUNCIL MEMBERS RELATIVE TO POTENTIAL TOPICS FOR
FUTURE CITY COUNCIL MEMBERS
At Mayor Tenessa Audette’s suggestion, a consensus of the Council directed staff to return to Council at the next Council Meeting for review and discussion of Ordinance No. 2343, Redding Municipal Code Title 18 (Zoning), Section 18.43.30 (Adult entertainment businesses).
ADJOURNMENT
There being no further business at the hour of 6:20 p.m., Mayor Audette declared the meeting adjourned.
APPROVED:
_______________________________
Tenessa Audette, Mayor
ATTEST:
_______________________________
Sharlene Tipton, City Clerk
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Attachment: ^Unofficial Minutes - Regular Meeting of November 5, 2024 (4(a)--Approve City Council Minutes)
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Accept City of Redding Accounts Payable Register No. 4; and Payroll Register Nos. 7 and 8.
Fiscal Impact
There is no fiscal impact to accepting the registers.
Alternative Action
The City Council could choose to not accept the registers and provide alternate direction to staff.
Background/Analysis
Attached are the Accounts Payable and Payroll Registers as follows:
Accounts Payable:
(1) Register No. 4 for the period October 1, 2024 – October 31, 2024, in the amount of $37,363,912.84.
Payroll:
(1) Register No. 6 for the period September 15, 2024 – September 28, 2024, in the amount of $4,979,853.95, and Register No. 7 for the period September 29, 2024 – October 12, 2024, in the amount of $5,057,384.13.
Environmental Review
This is not a project defined under the California Environmental Quality Act, and no further action is required.
MEETING DATE: November 19, 2024
ITEM NO. 4(b)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4(b)--City of Redding Accounts Payable and Payroll Registers.
Greg Robinett, Director of
Finance/City Treasurer
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Report to Redding City Council November 7, 2024
Re: 4(b)--Accounts Payable and Payroll Registers Page 2 Council Priority/City Manager Goals
• This agenda item is a routine operational item.
Attachments
Accounts Payable Register No. 4 and Payroll Registers No. 7 & 8 Packet Pg. 26
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Attachment: Accounts Payable Register No. 4 and Payroll Registers No. 7 & 8 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 28
Attachment: Accounts Payable Register No. 4 and Payroll Registers No. 7 & 8 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 29
Attachment: Accounts Payable Register No. 4 and Payroll Registers No. 7 & 8 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 30
Attachment: Accounts Payable Register No. 4 and Payroll Registers No. 7 & 8 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 31
Attachment: Accounts Payable Register No. 4 and Payroll Registers No. 7 & 8 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 32
Attachment: Accounts Payable Register No. 4 and Payroll Registers No. 7 & 8 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 33
Attachment: Accounts Payable Register No. 4 and Payroll Registers No. 7 & 8 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 34
Attachment: Accounts Payable Register No. 4 and Payroll Registers No. 7 & 8 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 35
Attachment: Accounts Payable Register No. 4 and Payroll Registers No. 7 & 8 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 36
Attachment: Accounts Payable Register No. 4 and Payroll Registers No. 7 & 8 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 37
Attachment: Accounts Payable Register No. 4 and Payroll Registers No. 7 & 8 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 38
Attachment: Accounts Payable Register No. 4 and Payroll Registers No. 7 & 8 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 39
Attachment: Accounts Payable Register No. 4 and Payroll Registers No. 7 & 8 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 40
Attachment: Accounts Payable Register No. 4 and Payroll Registers No. 7 & 8 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 41
Attachment: Accounts Payable Register No. 4 and Payroll Registers No. 7 & 8 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 42
Attachment: Accounts Payable Register No. 4 and Payroll Registers No. 7 & 8 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 43
Attachment: Accounts Payable Register No. 4 and Payroll Registers No. 7 & 8 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 44
Attachment: Accounts Payable Register No. 4 and Payroll Registers No. 7 & 8 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 45
Attachment: Accounts Payable Register No. 4 and Payroll Registers No. 7 & 8 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 46
Attachment: Accounts Payable Register No. 4 and Payroll Registers No. 7 & 8 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 47
Attachment: Accounts Payable Register No. 4 and Payroll Registers No. 7 & 8 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 48
Attachment: Accounts Payable Register No. 4 and Payroll Registers No. 7 & 8 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 49
Attachment: Accounts Payable Register No. 4 and Payroll Registers No. 7 & 8 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 50
Attachment: Accounts Payable Register No. 4 and Payroll Registers No. 7 & 8 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 51
Attachment: Accounts Payable Register No. 4 and Payroll Registers No. 7 & 8 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 52
Attachment: Accounts Payable Register No. 4 and Payroll Registers No. 7 & 8 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 53
Attachment: Accounts Payable Register No. 4 and Payroll Registers No. 7 & 8 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 54
Attachment: Accounts Payable Register No. 4 and Payroll Registers No. 7 & 8 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 55
Attachment: Accounts Payable Register No. 4 and Payroll Registers No. 7 & 8 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 56
Attachment: Accounts Payable Register No. 4 and Payroll Registers No. 7 & 8 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 57
Attachment: Accounts Payable Register No. 4 and Payroll Registers No. 7 & 8 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 58
Attachment: Accounts Payable Register No. 4 and Payroll Registers No. 7 & 8 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 59
Attachment: Accounts Payable Register No. 4 and Payroll Registers No. 7 & 8 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 60
Attachment: Accounts Payable Register No. 4 and Payroll Registers No. 7 & 8 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 61
Attachment: Accounts Payable Register No. 4 and Payroll Registers No. 7 & 8 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 62
Attachment: Accounts Payable Register No. 4 and Payroll Registers No. 7 & 8 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 63
Attachment: Accounts Payable Register No. 4 and Payroll Registers No. 7 & 8 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 64
Attachment: Accounts Payable Register No. 4 and Payroll Registers No. 7 & 8 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 65
Attachment: Accounts Payable Register No. 4 and Payroll Registers No. 7 & 8 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 66
Attachment: Accounts Payable Register No. 4 and Payroll Registers No. 7 & 8 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 67
Attachment: Accounts Payable Register No. 4 and Payroll Registers No. 7 & 8 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 68
Attachment: Accounts Payable Register No. 4 and Payroll Registers No. 7 & 8 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 69
Attachment: Accounts Payable Register No. 4 and Payroll Registers No. 7 & 8 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 70
Attachment: Accounts Payable Register No. 4 and Payroll Registers No. 7 & 8 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 71
Attachment: Accounts Payable Register No. 4 and Payroll Registers No. 7 & 8 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 72
Attachment: Accounts Payable Register No. 4 and Payroll Registers No. 7 & 8 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 73
Attachment: Accounts Payable Register No. 4 and Payroll Registers No. 7 & 8 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 74
Attachment: Accounts Payable Register No. 4 and Payroll Registers No. 7 & 8 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 75
Attachment: Accounts Payable Register No. 4 and Payroll Registers No. 7 & 8 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 76
Attachment: Accounts Payable Register No. 4 and Payroll Registers No. 7 & 8 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 77
Attachment: Accounts Payable Register No. 4 and Payroll Registers No. 7 & 8 (4(b)--Accounts Payable and Payroll Registers)
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Adopt Ordinance No. 2672, an ordinance of the City of Redding, amending Title 11 (Vehicles and Traffic), Chapter 11.12 (Speed Limits), by amending Section 11.12.010 to update Volume III, relative to speed limits on certain streets.
Attachments
^Ordinance No. 2672
MEETING DATE: November 19, 2024
ITEM NO. 4(c)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4(c)--Adopt Ordinance No. 2672 updating speed limits on various streets, Volume III.
Sharlene Tipton, City Clerk
Packet Pg. 78
First Reading: 11/05/2024 MW (4-1, CM Julie Winter absent) Second Reading: 11/19/2024
Item No. 4(c)
ORDINANCE NO. 2672
AN ORDINANCE OF THE CITY OF REDDING AMENDING TITLE 11
(VEHICLES AND TRAFFIC) CHAPTER 11.12 (SPEED LIMITS) BY
AMENDING SECTION 11.12.010 TO UPDATE VOLUME III, RELATIVE
TO SPEED LIMITS ON CERTAIN STREETS
THE CITY COUNCIL OF THE CITY OF REDDING DOES ORDAIN AS FOLLOWS:
Section 1. Title 11 (Vehicles and Traffic), Chapter 11.12 (Speed Limits), Volume III of Section 11.12.010 is hereby amended to read as follows:
11.12.010 - Established on certain streets.
SPEED LIMITS ON VARIOUS STREETS
VOLUME III
1 Alta Mesa Drive
Hartnell Ave. to Saturn Skwy. 35 MPH
Saturn Skwy. to Rancho Rd. 30 MPH
2 Argyle Road
Hartnell Ave. to Airport Rd. 45 MPH
3 College View Drive
Churn Creek Rd. to City Limits 45 MPH
4 Collyer Drive
Hawley Rd. to Poison Oak Ln. 45 MPH
5 Dana Drive
Hilltop Dr. to Victor Ave. 30 MPH
6 Goodwater Avenue
Rancho Rd. to City Limits 35 MPH
7 Loma Vista Drive
Bechelli Ln. to Churn Creek Rd. 30 MPH
8 Meadow View Drive
City Limits to Airport Rd. 40 MPH
9 Mistletoe Lane
Hilltop Dr. to Victor Ave. 35 MPH
10 Old Alturas Road
Churn Creek Road to Browning St. 30 MPH
Browning St. to City Limits 40 MPH
11 Rancho Road
Packet Pg. 79
Attachment: ^Ordinance No. 2672 (4(c)--Adopt Ordinance No. 2672 - Volume III Speed Limits) Churn Creek Rd. to Saratoga Dr. 40 MPH
Saratoga Dr. to Airport Rd. 45 MPH
12 Shasta View Drive
College View Dr. to Tarmac Rd. 45 MPH
Tarmac Rd. to Leonard St. 35 MPH
Leonard St. to Rancho Rd. 40 MPH
13 Viking Way
Abernathy Ln. to Old Oregon Trl. 40 MPH
Section 2. The passage of this ordinance is not a “project” according to the definition in the California Environmental Quality Act, and therefore is not subject to the provisions requiring environmental review.
Section 3. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision will remain in effect to the extent permitted by law.
Section 4. This ordinance shall take effect thirty (30) days after the date of its adoption, and the City Clerk shall certify to the adoption thereof and cause its publication according to law.
I HEREBY CERTIFY that the foregoing ordinance was introduced and read by the City Council of the City of Redding at a regular meeting on the 5 th day of November, 2024, and was
duly read and adopted at a regular meeting on the 19th day of November, 2024, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
____________________________________
TENESSA AUDETTE, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ ____________________________________ SHARLENE TIPTON, City Clerk CHRISTIAN M. CURTIS, City Attorney Packet Pg. 80
Attachment: ^Ordinance No. 2672 (4(c)--Adopt Ordinance No. 2672 - Volume III Speed Limits)
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Authorize and approve the following actions relative to the Community Development Block Grant Disaster Recovery Workforce Development Program grant application:
(1) Authorize the City Manager, or designee, to execute a City of Redding Partner Agreement with California Heritage YouthBuild Academy for an amount not to exceed $8,648,107;
(2) Find that executing the partner agreement and allocating grant funds is not considered a project under the California Environmental Quality Act; and (3) Find that executing the partner agreement and allocating grant funds is considered an exempt activity and no further action is required under the National Environmental Policy Act.
Fiscal Impact
Community Development Block Grant (CDBG) Disaster Recovery (DR) Workforce Development Program funds do not require a match obligation. The total amount awarded was $8,648,107. Awarded funds in the amount of $8,201,532 will pass through the City of Redding (City) to California Heritage YouthBuild (CHYBA) to complete various workforce projects.
Funds will be used for workforce training activities, supportive services, long-term leasing of facilities, a mobile workforce training van, workforce staffing and materials. The remaining portion of the grant funds, $446,575, will be paid through the grant’s activity delivery allocation to fund City staff costs. There is no impact to the General Fund.
Alternative Action
The City Council (Council) could decline to approve the agreement, thereby prohibiting the City’s ability to partner with CHYBA for this one-time grant funding opportunity for the community.
MEETING DATE: November 19, 2024
ITEM NO. 4.2(c)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4.2(c)--Consider City of Redding Partner Agreement with the California Heritage YouthBuild Academy.
Steve Bade, Assistant City
Manager
Packet Pg. 81
Report to Redding City Council November 14, 2024
Re: 4.2(c)--California Heritage Youth Build Academy Partner Agreement Page 2 Background/Analysis
On August 4, 2018, the Federal Emergency Management Agency published DR-4382, the Presidential declaration of a major disaster for the State of California in response to the devastating wildfires in Shasta and Lake Counties. During that same year, a separate disaster, DR-4407, was published for Butte, Los Angeles and Ventura Counties.
As part of the ongoing effort to assist the State with recovery from these disasters, the federal government, through the U.S. Department of Housing and Urban Development awarded CDBGDR funds to the California Department of Housing and Community Development (HCD) to assist those counties covered by DR-4382 and DR-4407. HCD undertook an extensive needs assessment to determine the specific recovery priorities for each of the affected counties. The resulting unmet recovery needs were categorized into four program areas: housing, infrastructure, economic revitalization/workforce development, and planning.
Per the 2018 CDBG-DR Action Plan, HCD allocated $40,694,942 to create the CDBG-DR Workforce Development Program. CDBG-DR Workforce Development projects are funded to assist with meeting the unmet workforce needs of affected communities and to address economic revitalization. Of these funds, the Shasta County region was allocated $6,096,458 to be divided between successful applicants and projects. This amount was increased to $8,648,107 after statewide awards were allocated. The grant will provide workforce training to Shasta County that will be used towards workforce development activities including categories such as construction trades, healthcare, emergency response, and culinary training.
On May 7, 2024, Council authorized staff to apply for the CDBG-DR Workforce Development funds in partnership with CHYBA. CHYBA refers clients to other local workforce providers including the Shasta Builders’ Exchange, the Smart Center, and Shasta College for designated workforce development activities. CHYBA will also assist participants with supportive services to help trainees successfully access and participate in the workforce training program and support gainful employment.
On August 29, 2024, the City received an award letter for CDBG-DR Workforce Development Program funds from HCD in the amount of $8,648,107. To access the funds, HCD directed staff to enter into a Partner Agreement with CHYBA prior to the execution of the Standard Agreement. The signed Partner Agreement must be returned to HCD as part of the Standard Agreement execution process. Staff recently received the Standard Agreement from the State.
Environmental Review
Awarding grant funding is not considered a project under the California Environmental Quality Act (CEQA). Any construction project that is developed will be reviewed for CEQA compliance once the details are known.
Under the National Environmental Policy Act (NEPA), administrative and management activities such as awarding grant funding are considered exempt activities and no further action is required. Any relevant projects will be reviewed for NEPA requirements if awarded funding.
Packet Pg. 82
Report to Redding City Council November 14, 2024
Re: 4.2(c)--California Heritage Youth Build Academy Partner Agreement Page 3 Council Priority/City Manager Goals
• Government of the 21st Century - “Be relevant and proactive to the opportunities and challenges of today’s residents and workforce. Anticipate the future to make better decisions today.”
• Economic Development- “Facilitate and become a catalyst for economic development in Redding to create jobs, retain current businesses and attract new ones, and encourage investment in the community.”
Attachments
Award Letter CDBG-DR Workforce Development Program
CDBG DR Workforce Development Grant Funding Staff Report 5-7-24 CDBG-DR Workforce Development CHYBA-COR Partner Agreement Packet Pg. 83
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF FEDERAL FINANCIAL ASSISTANCE
651 Bannon Street, Suite 400
Sacramento, CA 95811
(916) 263-6928 / Fax (916) 263-6917
www.hcd.ca.gov
August 29, 2024
Daniel Berry
City of Redding
777 Cypress Ave.
Redding, CA 96001
Dear Daniel,
RE: Award Announcement – CDBG-DR Workforce Development Program, 2023 Notice of Funding Availability, City of Redding – Shasta County Workforce Recovery Training Program (WRTP)
Contract No. 18-DRWD-23004
The California Department of Housing and Community Development (HCD) is pleased to announce that City of Redding, Shasta County has been awarded a Community Development Block Grant Disaster Recovery (CDBG-DR) Workforce Development Program (DR-Workforce) award in the amount of $8,648,107.00. This letter constitutes notice of the designation of DR-Workforce Program funds for the Workforce Training project in Shasta County.
The Awardee will be able to draw down funds when the Standard Agreement is fully executed, and any general and special conditions have been cleared in writing. In addition, expenditures may not be incurred prior to the execution of the Standard Agreement.
HCD intends to issue a Standard Agreement within 90 days of receipt of the documentation required to execute this contract. A DR-Workforce representative will be in communication with you within a week to discuss and confirm any documents needed.
Congratulations on your successful application. For further information, please contact Jennifer Carnemolla, DR-Workforce Program Manager, HCD Disaster Recovery Branch, at [email protected] or [email protected].
Sincerely,
Jenny Cho
Deputy Director
Division of Federal Financial Assistance
Packet Pg. 84
Attachment: Award Letter CDBG-DR Workforce Development Program (4.2(c)--California Heritage Youth Build Academy Partner Agreement)
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Approve the following actions relative to the State of California’s Housing and Community Development’s Community Development Block Grant-Disaster Recovery Workforce Development Program grant application:
(1) Adopt Resolution rescinding and replacing Resolution No. 2024-015 authorizing the City Manager, or designee, to submit the grant application and any other necessary documents to apply, accept and appropriate the grant in an amount up to $14 million; (2) Find that applying for grant funds is not considered a project under the California Environmental Quality Act; and
(3) Find that applying for grant funds is categorically excluded, not subject to 24 CFR Section 58.5 and convert to exempt under the National Environmental Policy Act.
Fiscal Impact
Community Development Block Grant Disaster Recovery Workforce Development Program funds are grant funds with no match obligation. Awarded funds will pass through the City of Redding (City) to California Heritage Youth Build (CHYBA) to complete various workforce projects. City staff time will be paid through the grant’s activity delivery allocation. There is no impact to the General Fund.
Alternative Action
The City Council (Council) could decline to authorize submission of the application with increased funding request, thereby prohibiting the City’s ability to partner with CHYBA for this one-time grant funding opportunity for the community.
MEETING DATE: May 7, 2024
ITEM NO. 4.2(b)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4.2(b)--Approval to apply for additional State of California Housing & Community Development CDBG-DR Workforce Development Program Funding.
Steve Bade, Assistant City
Manager
Packet Pg. 85
Attachment: CDBG DR Workforce Development Grant Funding Staff Report 5-7-24 (4.2(c)--California Heritage Youth Build Academy Partner Report to Redding City Council April 30, 2024
Re: 4.2(b)--CDBG-DR Workforce Development Grant Funding Page 2 Background/Analysis
On February 20, 2024, Council approved the submittal of this grant application in an amount up to $6,096,458. California State Housing and Community Development staff have informed City staff that there are leftover funds from other jurisdictions that may be able to supplement the City and CHYBA’s application for funding. Therefore, it is necessary to rescind the previously approved Resolution 2024-015 and approve a new resolution with the correct grant application amount of up to $14 million.
The additional Workforce Development grant funds will be used by CHYBA to lease workforce facilities for a total of 15 years up from the original 5-year projection; and toward workforce development, support services, and City grant administration and reporting.
Environmental Review
Based on the facts of the record, applying for grants is not considered a project under the California Environmental Quality Act (CEQA). Furthermore, applying for grants is categorically excluded not subject to 58.5 and converts to exempt under National Environmental Protection Agency (NEPA). Upon the award of grant funds and prior to the commencement of project activities, separate CEQA and NEPA environmental reviews will be completed before any choice limiting actions occur.
Council Priority/City Manager Goals
• Government of the 21st Century - “Be relevant and proactive to the opportunities and challenges of today’s residents and workforce. Anticipate the future to make better decisions today.”
• Economic Development- “Facilitate and become a catalyst for economic development in Redding to create jobs, retain current businesses and attract new ones, and encourage investment in the community.”
Attachments
^Resolution CDBG-DR Workforce Development
Resolution No. 2024-015 (to be rescinded)
Staff Report From the February 20, 2024, City Council Meeting Packet Pg. 86
Attachment: CDBG DR Workforce Development Grant Funding Staff Report 5-7-24 (4.2(c)--California Heritage Youth Build Academy Partner
CITY OF REDDING
PARTNER AGREEMENT
THIS CONTRACT (the "Contract") is made at Redding, California, by and between the City of Redding, a municipal corporation and general law city ("City"), and California Heritage Y outhbuild Academy, a California nonprofit corporation ("Provider") ( collectively the "Parties", individually a "Pa1ty") for the purpose of utilizing Community Development Block Grant-Disaster Recovery (CDBG-DR) funds.
RECITALS
WHEREAS, City has applied for CD BG-DR funds that are intended for Workforce Recovery Training Program (the "Program") and intends to enter into a written agreement with the California Department of Housing and Community Development ("HCD") for procuring these funds. The agreement between City and HCD shall outline te1ms and conditions for providing said funds and implementing and managing the Program (the "Standard Agreement"); and
WHEREAS, City intends to allocate the CDBG-DR funds, provided the City secures said funds, to Provider for the specific purposes of supporting Provider's delivery of services and programs to City of Redding or Shasta County residents as set fo1th herein; and WHEREAS, Provider acknowledges and agrees that the CDBR-DR funds shall be used for the specific purpose and subject to the specific restrains and represents that it is willing and capable of complying with such requirements and restrains and providing the services set fo1th in the Contract;
NOW, THEREFORE, the Parties covenant and agree, for good consideration hereby acknowledged, as follows:
SECTION 1. PROVIDER SERVICES
A. Subject to the te1ms and conditions set forth in this Contract, Provider shall provide the services described in Exhibit A, and Exhibit G, to recipients meeting appropriate eligibility criteria under CDBG guidelines, as identified in the CDBG Income Guidelines set fo1th in Exhibit E. Provider shall provide the services at the time, place and in the manner specified in Exhibit A and Exhibit G.
B. In addition to the te1ms and conditions set forth in this Contract Provider shall comply with the following:
1. All terms, conditions, and expectations that HCD shall have for Provider in the perfo1mance of its duties and responsibilities as the "Lead Partner" for the Program in the County of Shasta, California. Said terms, conditions, and expectations shall be set forth in the Standard Agreement between City and HCD which is incorporated herein by reference and made pait of this Contract. A sample Packet Pg. 87
Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner Standard Agreement is included as Exhibit F. City shall deliver a copy of the Standard Agreement to Provider promptly after the Standard Agreement is fully executed. If Provider finds that said te1ms and conditions of the Standard Agreement as applicable to Provider are not acceptable for Provider, then Provider shall have right to te1minate this Contract. The Provider's right to terminate this Contract pursuant to this Section l(B) of the Contract shall expire at the close of business on 10th day following the date when a copy of the Standard Agreement is sent to Provider.
11. All terms, conditions, and expectations that HCD shall have for Provider in the perfmmance of its duties and responsibilities as the "Lead Paitner" as outlined in Exhibit H - Notice of Funding Agreement and Exhibit I- CD BG-DR Workforce Policies and Procedures Manual.
SECTION 2. COMPENSATION AND REIMBURSEMENT OF COSTS
A. City shall pay Provider for services rendered pursuant to this Contract, at the times and in the manner set forth in Exhibit B and Exhibit B-1, in a total amount not to exceed eight million two hundred one thousand five hundred thirty-two dollars ($8,201,532).
This sum includes expenses incuned by Provider that are reasonably associated with the provision of services under this Contract. The payments specified herein shall be the only payments to be made to Provider for services rendered pursuant to this Contract.
B. Provider shall submit monthly draws to City for services completed to the date of the invoice no later than the 15th of each month in the fmm set forth in Exhibit C and Exhibit C-1. Exhibit C and Exhibit C-1 are attached and incorporated herein by reference. All invoices shall be itemized to reflect the activities completed, employees perfmming the requested tasks, the billing rate for each employee and the hours worked.
C. Drawdowns for the payment of eligible expenses shall be made against the line budget items specified in Exhibit B and in accordance with performance. Reporting of program expenses, including "zero" expenses, and drawdown requests will be accompanied by program statistics as outlined on the Worl,,force Development Service Data Monthly Report (Exhibit C-1 ). This Exhibit shall be submitted along with an invoice for CDBGDR-Workforce funds expended within the reporting period and it must be accompanied by documents that adequately justify the reported expenses. Documentation may include, but is not limited to copies of receipts, bills, invoices, payroll reports, paystubs, timecards, and/or program financial statements as appropriate. At its discretion, the City may request additional supporting documentation for the purposes of accepting Exhibit C and approving any request for reimbursement.
D. City shall request funds from HCD to pay and pay all conect, complete and undisputed invoices sent by Provider to City as soon as possible.
2 Packet Pg. 88
Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner SECTION 3. TERM AND TERMINATION
A. The Contract shall be effective on the date when it is signed by City (the "Effective Date") and expire on December 31, 2025, unless terminated earlier in accordance with the termination provisions of this Contract. Provider shall complete work under the Contract no later than December 31, 2025. Time is of the essence.
B. It is mutually understood between the Pa1ties that this Contract is signed by the Paities before asce1taining the availability of the CD BG-DR funds to City in order to satisfy the HCD requirements for said funding. If City is not able to secure the CD BG-DR funds, or decides to withdraw its application for said funds for any reason, or City is not able to reach an agreement with HCD and execute the Standard Agreement, then both Parties are relieved of all of their obligations under this Contract and Provider shall have no right of action against City under this Contract. It is mutually understood that there can be no choice-limiting actions on the part of Provider until environmental clearance is received in the fo1m of an Authority to Use Grant Funds (ATUGF) or environmental clearance letter is issued by HCD.
If CDBG-DR funds become unavailable to City during term of the Contract, or any additional restrictions, limitations, or condition enacted by the Legislature or any statute enacted by the Legislature which may affect the provisions, te1ms, or funding of this Contract, then City may te1minate this Contract by furnishing thi1ty (30) calendar days' wlitten notice of its intention to terminate.
C. If Provider fails to perfo1m its duties to the satisfaction of City, or if Provider fails to fulfill in a timely and professional manner its obligations under this Contract, then City shall have the right to terminate this Contract effective immediately upon City giving wlitten notice thereof to Provider.
D. Either Paity may te1minate this Contract without cause on thi1ty (30) calendar days' wlitten notice. Notwithstanding the preceding, if the term set fo1th in Section 3.A. of this Contract exceeds ninety (90) calendar days in duration, Provider's sole right to te1minate shall be limited to termination for cause.
E. In the event that City gives notice of termination, Provider (1) shall promptly provide City an accounting of all funds received under this Contract and any and all finished and unfinished reports, data, studies, photographs, charts or other work product prepared by Provider pursuant to this Contract, (2) shall not be entitled to a remedy of acceleration of payments due over the te1m of this Contract, and (3) shall limit any outstanding financial commitments related to the Program. City shall have full ownership, including, but not limited to, intellectual property rights, and control of all such finished and unfinished reports, data, studies, photographs, chaits or other work product. Provider shall not be entitled to a remedy of acceleration of payments due over the te1m of this Contract. 3 Packet Pg. 89
Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner F. In the event that City tem1inates the Contract, City shall pay Provider the reasonable value of services rendered by Provider pursuant to this Contract. Provider shall, not later than ten (10) calendar days after te1mination of this Contract by City, furnish to City such financial information as in the judgment of the City's representative is necessary to dete1mine the reasonable value of the services rendered by Provider.
G. In no event shall the termination or expiration of this Contract be construed as a waiver of any light to seek remedies in law, equity or othe1wise for a Party's failure to perform each obligation required by this Contract.
SECTION 4. MISCELLANEOUS TERMS AND CONDITIONS OF CONTRACT A. All Provider records with respect to any matters covered by this Contract shall be made available to City, state, and/or federal authorities or any authorized representatives, at any time during nmmal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit/monitoring reports must be fully cleared by Provider within 30 days after receipt of notice of deficiency or deficiencies by Provider. Failure of Provider to comply with the above audit/monitoring requirements will constitute a violation of this Contract and may result in the withholding of future payments.
B. Provider hereby agrees to have an annual agency audit conducted in accordance with cun-ent City policy concerning subrecipient and be prepared to provide a copy of that audit upon request.
C. Pursuant to the City's business license ordinance, Provider shall obtain a City business license prior to commencing work.
D. HCD requires City to identify Provide as "Paitner" or "Lead Paitner" in this Contract.
The te1ms "Partner" or "Lead Partner" are to be stlictly defined and used only for the purpose to identify Provider as an "entity that enters into a written agreement with the primary Applicant [City] to provide a service related to carrying out the Workforce Training Program." Provider shall, duling the entire te1m of this Contract, be construed to be an independent contractor and nothing in this Contract shall be deemed or construed as creating an employer/employee relationship, association, joint venture relationship, trust, partnership, or agency or to allow City to exercise discretion or control over the professional manner in which Provider perfo1ms under this Contract.
Any and all taxes imposed on Provider's income, imposed or assessed by reason of this Contract or its performance, including but not limited to sales or use taxes, shall be paid by Provider. Provider shall be responsible for any taxes or penalties assessed by reason of any claims that Provider is an employee of City. Provider shall not be eligible for coverage under City's workers' compensation insurance plan, benefits under the Public Employee Retirement System or be eligible for any other City benefit.
E. No provision of this Contract is intended to, or shall be for the benefit of, or construed to create lights in, or grant remedies to, any person or entity not a paity hereto. Each Party shall remain solely and wholly responsible for all the acts or omissions of 4 Packet Pg. 90
Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner subcontractors, that include without limitation subrecipients of the CD BG-DR funds, as if they were the acts or omissions of that Paity and ensure that any such subcontractor, including without limitation subrecipient of the CDBG-DR funds, is in a position to comply and is in compliance at all times with all its obligations under this Contract.
Provider shall ensure that all subrecipients of the CDBG-DR funds meet HUD's LMC National Objective threshold as set forth in Exhibit A, utilizing tools provided in Exhibit D and Exhibit E and CDBG Income Calculation and Dete1mination Guide found at https://www.hcd.ca.gov/grants-and-funding/income-limits/income-calculation-anddete1mination-guide.
G. Provider shall maintain accounts and records, including personnel, prope1ty and financial records, adequate to identify and account for all costs pertaining to this Contract and such other records as may be deemed necessary by City to assure proper accounting for all project funds. These records shall be made available for audit purposes to state and federal authorities, or any authorized representative of City.
Provider shall retain such records for five (5) years after the expiration of this Contract, unless prior permission to destroy them is granted by City.
H. Provider shall perfo1m all services required pursuant to this Contract in the manner and according to the standards observed by a competent practitioner of Provider's profession. All products of whatsoever nature which Provider delivers to City pursuant to this Contract shall be prepared in a professional manner and conform to the standards of quality normally observed by a person practicing the profession of Provider and its agents, employees and subcontractors assigned to perform the services contemplated by this Contract.
I. All completed reports and other data or documents, or computer media, and other materials provided or prepared by Provider in accordance with this Contract are the property of City, and may be used by City. City shall have all intellectual property rights including, but not limited to, copyright and patent rights, in said documents, computer media, and other materials provided by Provider. City shall release, defend, indemnify and hold harmless Provider from all claims, costs, expenses, damage or liability arising out of or resulting from City's use or modification of any repo1ts, data, documents, drawings, specifications or other work product prepared by Provider, except for use by City on those po1tions of the City's project for which such items were prepared.
J. Provider, including its employees, agents, and sub-providers, shall not maintain or acquire any direct or indirect interest that conflicts with the perfo1mance of this Contract. Provider shall comply with all requirements of the Political Reform Act (Government Code § 8100 et seq.) and other laws relating to conflicts of interest, including the following: 1) Provider shall not make or paiticipate in a decision made by City if it is reasonably foreseeable that the decision may have a material effect on Provider's economic interest, and 2) if required by the City Attorney, Provider shall file financial disclosure forms with the City Clerk.
5 Packet Pg. 91
Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner K. This Agreement is funded by State and/or Federal grant funds. Consultant agrees to comply with all statutory, regulatory, and contractual requirements applicable to this funding source. This may include both substantive restrictions on how funds may be expended as well as various additional requirements, such as documentation, record keeping, and reporting. In the event that any state or federal agency determines that the City of Redding is required to repay any portion of the grant funds due, in whole or in part, to Consultant's failure to comply with grant requirements, breach of this agreement, or violation of law, Consultant agrees to make immediate payment to the City in the amount that agency has determined that the City must repay. This obligation is cumulative and in addition to any remedies the City may have, whether in contract or in tort.
6 J. City Manager, or designee, may aprove amendments to this agreement that do not increase the overall approved budget.
Packet Pg. 92
Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner SECTIONS. INSURANCE
A. Unless modified in writing by City's Risk Manager, Provider shall maintain the following noted insurance during the duration of the Contract:
Coverage Reguired Not Reguired
Commercial General Liability X
Comprehensive Vehicle Liability
Workers' Compensation and Employers' Liability
Professional Liability (ElTOrs and Omissions)
B. Coverage shall be at least as broad as:
X
X
X
(Place an "x" in the appropriate box)
1. Insurance Services Office fo1m number CG-0001, Commercial General Liability Insurance, in an amount not less than $1,000,000 per occunence and $2,000,000 general aggregate for bodily injury, personal injmy and property damage;
2. Insurance Services Office fmm number CA-000 l (Ed. 1/87), Comprehensive Automobile Liability Insurance, which provides for total limits of not less than $1,000,000 combined single limits per accident applicable to all owned, nonowned and hired vehicles;
3. Statutmy Workers' Compensation required by the Labor Code of the State of California and Employers' Liability Insurance in an amount not less than $1,000,000 per occunence. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents and volunteers;
4. Professional Liability (Enors and Omissions) Insurance, appropriate to Provider's profession, against loss due to enor or omission or malpractice in an amount not less than $1,000,000.
5. The City does not accept insurance ce11ificates or endorsements with the wording "but only in the event of a named insured's sole negligence" or any other verbiage limiting the insured's insurance responsibility.
C. Any deductibles or self-insured retentions must be declared to and approved by City.
At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its elected officials, officers, employees, agents and volunteers; or the Provider shall procure a bond guaranteeing payment of losses and related investigations, claims administration and defense expenses. 7 Packet Pg. 93
Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner D. The General Liability shall contain or be endorsed to contain the following provisions:
1. City, its elected officials, officers, employees, and agents are to be covered as additional insured as respects liability aiising out of work or operations performed by or on behalf of Provider; premises owned, leased or used by Provider; or automobiles owned, leased, hired or borrowed by Provider. The coverage shall contain no special limitations on the scope of protection afforded to City, its elected officials, officers, employees, agents and volunteers.
2. The insurance coverage of Provider shall be primary insurance as respects City, its elected officials, officers, employees, agents and volunteers. Any insurance or self-insurance maintained by City, its elected officials, officers, employees, agents and volunteers, shall be in excess of Provider's insurance and shall not contribute with it.
3. Coverage shall state that the insurance of Provider shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
4. Each insurance policy required by this Contract shall be endorsed to state that coverage shall not be canceled except after thirty (30) calendar days' prior wiitten notice has been given to City. In addition, Provider agrees that it shall not reduce its coverage or limits on any such policy except after thitty (30) calendar days' prior wiitten notice has been given to City.
E. Insurance is to be placed with insurers with a current AM.Best's rating of no less than A-VII.
F. Provider shall designate the City of Redding, 777 Cypress Avenue, Redding, CA 96001 as a Certificate Holder of the insurance. Provider shall furnish City with certificates of insurance and original endorsements effecting the coverages required by this clause.
Ce1tificates and endorsements shall be submitted electronically via the PINS Advantage system. A link will be provided for the Provider, or their insurance agent, to enter and upload documents directly to PINS Advantage. The certificates and endorsements for each insurance policy are to be signed by a person auth01ized by the insurer to bind coverage on its behalf. All endorsements are to be received and approved in PINS Advantage by the City's Risk Manager prior to the commencement of contracted services. City may withhold payments to Provider if adequate ce1tificates of insurance and endorsements required have not been submitted as desciibed above or provided in a timely manner.
G. The requirements as to the types and limits of insurance coverage to be maintained by Provider as required by Section 5 of this Contract, and any approval of said insurance by City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by Provider pursuant to this Contract, including, without limitation, provisions concerning indemnification.
8 Packet Pg. 94
Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner H. If any policy of insurance required by this Section is a "claims made" policy, pursuant to Code of Civil Procedure § 342 and Government Code § 945.6, Provider shall keep said insurance in effect for a period of eighteen ( 18) months after the te1mination of this Contract.
I. If any damage, including death, personal injury or property damage, occurs in connection with the performance of this Contract, Provider shall immediately notify City's Risk Manager by telephone at (530) 225-4068. No later than three (3) calendar days after the event, Provider shall submit a written report to City's Risk Manager containing the following information, as applicable: 1) name and address of injured or deceased person(s); 2) name and address of witnesses; 3) name and address of Provider's insurance company; and 4) a detailed description of the damage and whether any City property was involved.
SECTION 6. INDEMNIFICATION AND HOLD HARMLESS
A. Consistent with California Civil Code§ 2782.8, when the services to be provided under this Contract are design professional services to be perfo1med by a design professional, as that term is defined under Section 2782.8, Provider shall, to the fullest extent permitted by law, indemnify protect, defend and hold harmless, City, its elected officials, officers, employees, and agents, and each and eve1y one of them, from and against all actions, damages, costs, liability, claims, losses, penalties and expenses (including, but not limited to, reasonable attorney's fees of the City Attorney or legal counsel retained by City, expert fees, litigation costs, and investigation costs) of every type and description to which any or all of them may be subjected by reason of, or resulting from, directly or indirectly, the negligence, recklessness, or willful misconduct of Provider, its officers, employees or agents in the perf01mance of professional services under this Contract, except when liability arises due to the sole negligence, active negligence or misconduct of the City.
B. Other than in the performance of professional services by a design professional, which is addressed solely by subdivision (A) of this Section, and to the fullest extent permitted by law, Provider shall indemnify protect, defend and hold haimless, City, its elected officials, officers, employees, and agents, and each and eve1y one of them, from and against all actions, damages, costs, liability, claims, losses, penalties and expenses (including, but not limited to, reasonable attorney's fees of the City Attorney or legal counsel retained by City, expert fees, litigation costs, and investigation costs) of every type and description to which any or all of them may be subjected by reason of the performance of the services required under this Contract by Provider its officers, employees or agents in the performance of professional services under this Contract, except when liability mises due to the sole negligence, active negligence or misconduct of the City.
C. The Provider's obligation to defend, indemnify and hold harmless shall not be excused because of the Provider's inability to evaluate liability. The Provider shall respond within thirty (30) calendar days to the tender of any claim for defense and indemnity by 9 Packet Pg. 95
Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner the City, unless this time has been extended in writing by the City. If the Provider fails to accept or reject a tender of defense and indemnity in writing delivered to City within thirty (30) calendar days, in addition to any other remedy auth01ized by law, the City may withhold such funds the City reasonably considers necessary for its defense and indemnity until disposition has been made of the claim or until the Provider accepts or rejects the tender of defense in writing delivered to the City, whichever occurs first.
This subdivision shall not be construed to excuse the prompt and continued perf01mance of the duties required of Provider herein.
D. The obligation to indemnify, protect, defend, and hold harmless set forth in this Section applies to all claims and liability regardless of whether any insurance policies are applicable. The policy limits of said insurance policies do not act as a limitation upon the amount of indemnification to be provided by Provider.
E. City shall have the right to approve or disapprove the legal counsel retained by Provider pursuant to this Section to represent City's interests. City shall be reimbursed for all costs and attorney's fees incmTed by City in enforcing the obligations set forth in this Section.
SECTION 7. CONTRACT INTERPRETATION, VENUE AND ATTORNEY FEES A. This Conh·act shall be deemed to have been entered into in Redding, California. All questions regarding the validity, interpretation or perf01mance of any of its te1ms or of any rights or obligations of the parties to this Contract shall be governed by California law. If any claim, at law or othe1wise, is made by either paity to this Conh·act, the prevailing party shall be entitled to its costs and reasonable attorneys' fees.
B. This document, including all exhibits, contains the entire agreement between the parties and supersedes whatever oral or written understanding each may have had prior to the execution of this Conh·act. This Contract shall not be altered, amended or modified except by a writing signed by City and Provider. No verbal agreement or conversation with any official, officer, agent or employee of City, either before, during or after the execution of this Conh·act, shall affect or modify any of the te1ms or conditions contained in this Contract, nor shall any such verbal agreement or conversation entitle Provider to any additional payment whatsoever under the te1ms of this Contract.
C. No covenant or condition to be perf01med by Provider under this Contract can be waived except by the written consent of City. Forbearance or indulgence by City in any regard whatsoever shall not constitute a waiver of the covenant or condition in question. Until performance by Provider of said covenant or condition is complete, City shall be entitled to invoke any remedy available to City under this Contract or by law or in equity despite said forbearance or indulgence.
D. If any p01tion of this Contract or the application thereof to any person or circumstance shall be invalid or unenforceable to any extent, the remainder of this Contract shall not be affected thereby and shall be enforced to the greatest extent pe1mitted by law. 10 Packet Pg. 96
Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner E. The headings in this Contract are inse1ted for convenience only and shall not constitute a part hereof. A waiver of any party of any provision or a breach of this Contract must be provided in writing, and shall not be construed as a waiver of any other provision or any succeeding breach of the same or any other provisions herein.
F. Each Pa1ty hereto declares and represents that in ente1ing into this Contract, it has relied and is relying solely upon its own judgment, belief and knowledge of the nature, extent, effect and consequence relating thereto. Each Party further declares and represents that this Contract is made without reliance upon any statement or representation not contained herein of any other Pmty or any representative, agent or attorney of the other Pmty. The Pmties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, te1ms, and conditions of this Contract and that the decision of whether or not to seek the advice of counsel with respect to this Contract is a decision which is the sole responsibility of each of the Parties. Accordingly, no pmty shall be deemed to have been the drafter hereof, and the principle of law set f01th in Civil Code § 1654 that contracts are construed against the drafter shall not apply.
G. Each of the Pmties hereto hereby inevocably waives any and all right to trial by jury in any action, proceeding, claim or counterclaim, whether in contract or tort, at law or in equity, arising out of or in any way related to this Agreement or the transactions contemplated hereby. Each Paity further waives any right to consolidate any action which a jury trial has been waived with any other action in which a jury trial cannot be or has not been waived.
H. In the event of a conflict between the term and conditions of the body of this Contract and those of any exhibit or attachment hereto, the terms and conditions set f01th in the body of this Contract proper shall prevail. In the event of a conflict between the terms and conditions of any two or more exhibits or attachments hereto, those prepared by City shall prevail over those prepared by Provider.
SECTIONS. SURVIVAL
The provisions set forth in Sections 3 through 7, inclusive, of this Contract shall survive te1mination of the Contract.
SECTION 9. COMPLIANCE WITH LAWS - NONDISCRIMINATION
A. Provider shall comply with all applicable laws, ordinances and codes of federal, state and local governments.
B. In the performance of this Contract, Provider shall not discriminate against any employee or applicant for employment because of race, color, ancestry, national origin, religious creed, sex, sexual 01ientation, disability, age, marital status, political affiliation, or membership or non-membership in any organization. Provider shall take affiimative action to ensure applicants are employed and that employees are treated during their employment without regard to their race, color, ancestry, national origin, 11 Packet Pg. 97
Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner religious creed, sex, sexual orientation, disability, age, marital status, political affiliation, or membership or non-membership in any organization. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or te1mination, rates of pay or other fo1ms of compensation and selection for training.
SECTION 10. REPRESENTATIVES
A. City's representative for this Contract is Laura McDuffey, Senior Housing Specialist, telephone number (530) 225-4236, fax number (530) 225-4126, and email [email protected]. All of Provider's questions pertaining to this Contract shall be refen-ed to the above-named person, or to the representative's designee.
B. Provider's representative for this Contract is Cathy Taylor, Executive Director, California Heritage YouthBuild Academy, telephone number (530) 378-5254, fax number (530) 378-5256, email [email protected]. All of City's questions pertaining to this Contract shall be refen-ed to the above-named person.
C. The representatives set forth herein shall have authority to give all notices required herein.
SECTION 11. NOTICES
A. All notices, requests, demands and other communications hereunder shall be deemed given only if in writing signed by an authorized representative of the sender (may be other than the representatives refen-ed to in Section 10) and delivered by email, or facsimile, with a hard copy mailed first class, postage prepaid; or when sent by a courier or an express service guaranteeing overnight delivery to the receiving pa1ty, addressed to the respective patties as follows:
To City:
Laura McDuffey
Senior Housing Specialist
City of Redding
777 Cypress Ave.
Redding, CA 96001
[email protected]
To Provider:
Cathy Taylor
Executive Director
California Heritage Y outhBuild Academy
8544 Airport Rd.
Redding, CA 96002
[email protected]
B. Either patty may change its address for the purposes of this paragraph by giving written notice of such change to the other party in the manner provided in this Section. 12 Packet Pg. 98
Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner C. Notice shall be deemed effective upon: 1) personal service; 2) two calendar days after mailing or transmission by facsimile, whichever is earlier.
SECTION 12. AUTHORITY TO CONTRACT
A. Each of the undersigned signatories hereby represents and warrants that they are authorized to execute this Contract on behalf of the respective parties to this Contract; that they have full right, power and lawful authority to undertake all obligations as provided in this Contract; and that the execution, perfo1mance and delivery of this Contract by said signatories has been fully authorized by all requisite actions on the pait of the respective patties to this Contract.
B. When the Mayor is signatory to this Contract, the City Manager and/or the Depaitment Director having direct responsibility for managing the services provided herein shall have authority to execute any amendment to this Contract which does not increase the amount of compensation allowable to Provider or otherwise substantially change the scope of the services provided herein.
SECTION 13. INCORPORATION OF RECITALS AND EXHIBITS
The foregoing Recitals and all exhibits referenced therein are hereby incorporated by this reference and made part of this Contract.
SECTION 14. "BUSINESS DAY" DEFINED
"Business Day" means any day of the week other than Saturday, Sunday or other day on which the offices of the City of Redding, California is auth01ized or required to close. Unless specifically referenced in this Contract as a Business Day, all references to "days" shall be to calendar days.
13 Packet Pg. 99
Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner IN WITNESS WHEREOF, City and Provider have executed this Contract on the days and year set fmth below:
Dated: _____ ,20 __
ATTEST:
SHARLENE TIPTON, City Clerk
Dated:
Attachments:
Exhibit A - Scope of Service
Exhibit B - Payment Provisions
Exhibit B 1 - Projected Cost Detail
Exhibit C - Draw Request
Exhibit Cl - Service Data Monthly Report
Exhibit D - CDBG Income Guidelines
Exhibit E - Income Verification Packet
Exhibit F - Sample Standard Agreement
Exhibit G - Submitted Application
By:
Exhibit H - 2023 Notice of Funding Availability
Exhibit I - 2023 Policies and Procedures Manual
CITY OF REDDING,
A Municipal Corporation
By: BARRY TIPPIN, City Manger
APPROVED AS TO FORM:
CHRISTIAN M.CURTIS
City Attorney
By:
PROVIDER
Tax ID No.: 45-4973222
irector
14 Packet Pg. 100 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner Exhibit A
Scope of Service
SCOPE OF SERVICE - Provider, CHYBA, will be responsible for administering the Community Development Block Grant Disaster Recovery (CDBG-DR) Workforce Recovery Training Program (WRTP) activity in a manner satisfactory to the City and consistent with any standards required as a condition of providing these funds in accordance with California Department of Housing and Community Development (HCD).
SCOPE OF WORK
As represented in the CDBG-DR Workforce Recovery Training Program Application, the Workforce activity will be performed as follows:
1. Activity Description
Provider will lease office space with an outside vendor to operate the WRTP.
Provider will train eligible participants in response to the needs of the disaster recovery in the 2018 Eligible Disaster Impacted Area, specifically within Shasta County. Eligibility for WRTP services will be limited to residents of Shasta County and will be targeted to Low and Middle Income (LMI) persons that are at or below 80% of the Area Median Income.
The WRTP will include training provided at no cost to eligible participants including activities that support workforce development through workforce training, preapprenticeships, apprenticeships, job placement, and other activities specific to preparing individuals for employment.
Specific workforce training related to the disaster include:
Construction trades
Healthcare
Culinary
Emergency Response
Heavy Equipment
Wildland and Forestry Fire Training
Clerical
Education
Entrepreneurship Support
The WRTP will provide support services that are tailored to the specific needs of disasterimpacted neighborhoods that will boost economic development and result in higher quality employment outcomes for eligible individuals, the impacted neighborhoods, and the greater Shasta County community.
Consistent with the Proposed Budget submitted for the CDBG-DR Workforce Development, funds not to exceed $8,201,532 will be used to pay for Workforce Support Services and Training Activities and Activity Delivery costs. The Program and services rendered will not generate Program Income.
15 Packet Pg. 101 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner
CLIENT SERVICES
In accordance with 24 CFR 570.208, Section 104(b)(3) of the Housing and Community Development Act (HCDA), and as further outlined within the waivers and alternative requirements in applicable Federal Register Notices, namely 85 FR 4681, all CDBG-DR funded activities must satisfy a CDBG-DR National Objective. Subrecipients must demonstrate that funded activities meet HUD’s LMI National Objective - Low- and Moderate- Income Clientele (LMC) category. The awarded Workforce Training Programs must meet requirements for HUD's LMI National Objective by utilizing the Low- and Moderate- Income Clientele (LMC) category.
To ensure Subrecipient’s meet HUD’s LMC National Objective threshold, HCD has set a higher LMC threshold for the DR-Workforce Program. HCD’s objective is for the DRWorkforce Program’s Subrecipients to serve a minimum of 85 percent LMI individuals.
Therefore, HCD requires Subrecipients to adopt an LMI training participant goal of 85- 100 percent to ensure compliance with this objective.
To qualify under the LMC category, Subrecipients must:
1. Require documentation on each trainee’s family size and annual income to verify that at least 85 percent of the Beneficiaries are LMI.
2. Retain data records showing the trainee’s family size and annual income of each person receiving the benefit.
PROVIDER RESPONSIBILITIES
Provider will be responsible for:
1. Recruitment and training of all staff (paid and volunteer) necessary to successfully carry out the activity;
2. Program operating and overhead costs not covered by the terms of the Agreement;
3. Satisfactory completion and submission of Exhibits C and C-1 with accompanying documentation to verify the expenses for the prior month by the 15th of the month.
4. Submission of final reimbursement request and program statistics no later than January 15, 2026;
5. Submission of Provider’s independent audit, financial statement, or any supporting documentation relevant to the delivery of this Activity upon request of City and cooperation with monitoring activities at the request of the City; and
6. Submitting in writing any requests to change the scope of services, budget, or method of compensation contained in the Agreement and accompanying Exhibits. 16 Packet Pg. 102 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner Exhibit B
SECTION 1. PAYMENT PROVISIONS
Summary cost reporting documentation must be submitted with invoices and all back up documentation retained for five years.
Provider will be paid in accordance with the total budget stipulated as follows and subject to any limitations and specifics contained in this Contract and specific regulations:
Project Cost Amount
Workforce Support Services Direct Costs $2,910,195
Public Support Services Direct Costs $1,158,469
Public Facilities Direct Costs $3,802,720
Activity Delivery Costs $330,148
Total $8,201,532
Project Costs are further broken down in Exhibit B-1.
Payments will not be made by City on an invoice unless the previous month’s data has been submitted by Provider and approved by City.
This budget is subject to modification with approval of the City Contract Representative, not to exceed the total payment amount as indicated in Section 2 of the main Contract.
Provider agrees to provide City with reports that may be required by County, State or Federal agencies for compliance with this Contract including and not limited to:
1. Provider shall submit monthly reports to the Contract Representative using the required City format. Provider will provide monthly reporting on requested data outcomes and demographics by the 15th of each month.
2. Provider shall provide client specific data as requested by City. 17 Packet Pg. 103 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner Uses (line item budget) Total Activity Cost MTDC
Workforce Training Activities Direct Costs
Preliminary Activities
Environmental reviews/appraisals; Expenses to hire staff; Website & Recruiting, Staff time to develop procedures, referral processes, etc. $ 85,000.00 $ 85,000.00 WFTP ACTIVITIES *See Tab 2
WRTP Program Manager* $ 186,900.00 $ 186,900.00 $ 186,900.00 Van lease to transport participants to WBL and WEX sites/supportive services $ 60,000.00 $ 60,000.00 Participant/Staff workstations & technical/clinical furniture $ 97,000.00 $ 97,000.00 Job Developer: Career Services* $ 133,080.00 $ 133,080.00 Computers, Supplies, Materials $ 27,265.00 $ 27,265.00
Data Manager* $ 151,020.00 $ 151,020.00
Program Support: Administrative Assistant* $ 133,080.00 $ 133,080.00 Operational costs for leased facilities: Utilities, Internet, Custodial $ 90,000.00 $ 90,000.00 Stipends on behalf of persons participating in WFTP (3 month max)* $ 225,000.00 $ 225,000.00 Workforce Mobile Unit Lease: Smart Center Collaboration * $ 500,000.00 $ 500,000.00 Construction Trades
Construction Training Staff- 2 FTE* $ 266,160.00 $ 266,160.00 $ 133,080.00 2 Construction Trucks lease: WBL/WEX* $ 45,000.00 $ 45,000.00 Construction Training Supplies and Materials $ 56,250.00 $ 56,250.00 Industry Recognized Certificates & Curriculum $ 50,000.00 $ 50,000.00 Culinary, Emergency Response Training
Culinary, Emergency Response, Public Health Training Staff* $ 266,160.00 $ 266,160.00 License Commercial Kitchen & Related Equipment $ 24,000.00 $ 24,000.00 Training Equipment $ 28,000.00 $ 28,000.00
Supplies and Materials $ 41,000.00 $ 41,000.00
Industry Recognized Certificates & Curriculum $ 15,000.00 $ 15,000.00 Healthcare, Education/Clerical & Entrepreneurial Training CNA/Dental Assistant Clinical Supervision/Classroom Trainer* $ 225,280.00 $ 225,280.00 $ 112,640.00 Clinical Training Curriculum; Licensure $ 20,000.00 $ 20,000.00 Curriculum, supplies, materials $ 35,000.00 $ 35,000.00 Referrals to Community Workforce Training
Examples: Smart Center, Shasta College, Shasta Builders' Exchange, etc.* $ 150,000.00 $ 150,000.00 Total: Workforce Training Direct Costs $ 2,910,195.00 $ 2,910,195.00 3 Case Managers: Round Mountain, 2 Redding* $ 424,929.00 $ 50,000.00 $ 141,643.00 Substance Use Disorder and MH Counselor* $ 66,540.00 $ 25,000.00 $ 133,080.00 Participant Support Specialists: Drivers, tutors, etc.* $ 340,200.00 $ 340,200.00 $ 97,200.00 Administrative Support Support Services program* $ 97,200.00 $ 97,200.00 $ 97,200.00 Soft Skill Courses/Onsite Services* $ 100,000.00 $ 100,000.00 Participant Support Referral to NPO/agencies* $ 129,600.00 $ 129,600.00 Total: Public Support Services Direct Costs $ 1,158,469.00 $ 742,000.00 Shasta County
Total Activity Budget and DOB
EXHIBIT B-1 PROJECT COST DETAIL
18 Packet Pg. 104 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California 15 Year Lease Prepay 1255 Industrial or purchase $ 3,000,000.00 $ 3,000,000.00 5 Year Lease Prepay Center of Hope (2 sites) 1201 Industrial and Round Mountain $ 125,000.00 $ 125,000.00 De minimis rate* 10% $ 677,720.00
Total: Public Facilities Direct Costs $ 3,802,720.00 $ 3,125,000.00 TOTAL ACTIVITY COSTS $ 7,871,384.00 $ 6,777,195.00
Activity Delivery Costs
Center of Education and Research (CER) See tab 2 $ 60,000.00 $ 25,000.00 Grant Support Analyst* $ 133,080.00 $ 133,080.00
Liability and Property Insurance $ 110,236.00 $ 110,236.00 De minimis rate* 10% $ 26,832.00
TOTAL ACTIVITY DELIVERY COSTS $ 330,148.00 $ 268,316.00 $ -
$ - $ -
Total Activity Cost $ 8,201,532.00
Instructions: Fill out the item budget with your projected activity costs. You may identify the line items by category, such as activity direct hard costs for publ used to pay for each line item in each category. Align the budget line items must align with the project scope of work. If your budget line item has a budget ga coverage. Please make sure to include ALL of your potential funding sources, including FEMA, HCD, and other State and Federal funds, as well as local funds Please fill in the fields with a bracket [ ] and the funds. Do not delete or alter formulas. The colored columns have no significance, they are colored only to ma 19 Packet Pg. 105 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California # of Units Extended Cost CDBG-DR EDD General Funds Donations FEMA [Source 6] [Source 7] $ 85,000.00 $ - $ - $ - $ - $ - $ -
$50 per hour $ 186,900.00 $ - $ - $ - $ - $ - $ -
5 yrs @ $1,000 per month $ 60,000.00 $ - $ - $ - $ - $ - $ - 3 locations $ 97,000.00 $ - $ - $ - $ - $ - $ -
$35 per hour $ 133,080.00 $ - $ - $ - $ - $ - $ -
quote received $ 27,265.00 $ - $ - $ - $ - $ - $ -
$40 per hour $ 151,020.00 $ - $ - $ - $ - $ - $ -
$35 per hour $ 133,080.00 $ - $ - $ - $ - $ - $ -
$5,000 @ 18 months $ 90,000.00 $ - $ - $ - $ - $ - $ -
$500*3 months * 150 participants $ 225,000.00 $ - $ - $ - $ - $ - $ - See tab 2 $ 500,000.00 $ - $ - $ - $ - $ - $ -
2 @ average $35 per hour $ 266,160.00 $ - $ - $ - $ - $ - $ - 5 yrs @ $750 per month $ 45,000.00 $ - $ - $ - $ - $ - $ - quote $ 56,250.00 $ - $ - $ - $ - $ - $ -
total curriculum quote $ 50,000.00 $ - $ - $ - $ - $ - $ - 2 @ average$35 per hour $ 266,160.00 $ - $ - $ - $ - $ - $ - $ 24,000.00 $ - $ - $ - $ - $ - $ -
$ 28,000.00 $ - $ - $ - $ - $ - $ -
$ 41,000.00 $ - $ - $ - $ - $ - $ -
50 participants @ $300 $ 15,000.00 $ - $ - $ - $ - $ - $ - 1 FTE @$45 per hour $ 225,280.00 $ - $ - $ - $ - $ - $ - 20 @ $1,000 $ 20,000.00 $ - $ - $ - $ - $ - $ -
$ 35,000.00 $ - $ - $ - $ - $ - $ -
$1500 @100participants $ 150,000.00 $ - $ - $ - $ - $ - $ - $ 2,910,195.00 $ - $ - $ - $ -
3.00 $ 424,929.00 $ - $ - $ - $ - $ - $ -
0.50 $ 66,540.00 $ - $ - $ - $ - $ - $ -
3.50 $ 340,200.00 $ - $ - $ - $ - $ - $ -
1.00 $ 97,200.00 $ - $ - $ - $ - $ - $ -
$ 100,000.00
75 * $1,728 $ 129,600.00 $ - $ - $ - $ - $ - $ -
$ 1,158,469.00 $ - $ - $ - $ -
Public Service Direct Costs: Supportive Services Activities Activity Costs Category: PUBLIC SERVICES
Public Service Direct Costs: Workforce Training
2018 CDBG-DR Workforce Development Program City of Reddin Funding Sources
20 Packet Pg. 106 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California see appraisal $ 3,000,000.00 $ - $ - $ - $ - $ - $ -
draft lease $ 125,000.00 $ - $ - $ - $ - $ - $ -
$ 677,720.00 $ - $ - $ - $ - $ - $ -
$ 3,802,720.00 $ - $ - $ - $ -
See tab 2 $ - $ - $ - $ - $ - $ - $ -
$ 60,000.00
$35 per hour $ 133,080.00
$ 110,236.00
$ 26,832.00
$ - $ 330,148.00 $ - $ - $ - $ - $ - $ -
$ - $ - $ - $ - $ - $ - $ -
$ - $ - $ - $ - $ - $ - $ -
$ - $ - $ - $ - $ - $ - $ -
$ - $ - $ - $ - $ - $ - $ - $ -
$ - $ 8,201,532.00 $ - $ - $ - $ - $ - $ -
Public Facilities Direct Costs
[Indirect Costs]
lic service and public facility activities, activity delivery soft costs, and indirect costs, or by any other categories that apply to your activity. Fill in the region and organization name at the t ap, the "Gap/Duplication of Benefits" column will show a red shaded field a number indicating your budget gap in parenthesis. If you have a potential duplication of benefits, the column wil s from fees, trust funds, and taxes, and any foundation or private donation funding, including insurance payments. If you are unsure if a funding resource should be included, please email ake it easier to track across all funding sources.
21 Packet Pg. 107 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Exhibit C
Grant Recipient Date
Project Name Draw #
Project Address Contact Name
Payment Address Contact Phone
Approved Cost
Total Amount
Previously
Disbursed
Amount This
Request Remaining Balance
I certify that CHYBA has incurred costs that are both reasonable and necessary for the Workforce Development Project described in Standard Agreement # ______. All required permits, certificates, invoices, and other necessary documentation to support this draw request are enclosed and copies are being maintained by the grantee in a permanent file and are available for review by HCD staff or representatives.
Grantee's Signature Date Signed
Printed Name
For City Use Only
Draw # _____ Authorization for the noted amount ________________ Invoice # ___________________
CHYBA and City of Redding Housing staff certify that the requested amount is consistent with the Partner Agreement dated _____.
The supporting documentation is available for review in the office of the Redding Housing Division.
Staff Signature_______________________________________________ Date Housing Manager Signature ___________________________________ Date Department of Housing and Community Development
CDBG-DR Workforce Development Program
Draw Request
Cost Category
22 Packet Pg. 108 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner Participant/Activity Data
Number of persons enrolled during the reporting period
Number of persons withdrew from previous reporting period Number of activities performed during the reporting period (may be classes, workshops, etc.) Number of Participant Support Services utilized during the reporting period and Number of training participants that utilized the Support Services Race and Ethnicity of Population Served (YTD):
Hispanic
NonHispanic
White
Black or African American
Asian
Asian American Indian or Alaska Native
Native Hawaiian or Other Pacific Islander
American Indian or Alaska Native and White
Asian and White
Black or African American and White
American Indian or Alaska Native and Black or African American Other Multiple Race Combinations
Family Demographics (number of YTD)
Female Head of Household
Senior Head of Household
Disabled Individuals Served
Single Parent Family
Financial Service Levels (YTD)
Total # of Persons Served To- Date
Total # of Persons at Extremely Low Income (30%)
Total # of Persons at Low-Income Level (50%)
Total # of Persons at Moderate -Income Level (80%)
Total # of Persons above Low-and Moderate-Income Level
Exhibit C-1
Workforce Development Service Data Monthly Report
23 Packet Pg. 109 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner What activities are planned to be undertaken in next reporting period? Describe any problems or delays in implementation and course of action to address them.
What are you doing to achieve program expenditure deadlines? Describe any successes this reporting period.
Other Comments
24 Packet Pg. 110 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner
EXHIBIT D
CDBG INCOME GUIDELINES
CDBG INCOME GUIDELINES - EFFECTIVE August 1, 2024
30% of MEDIAN INCOME 50% of MEDIAN INCOME 80% of MEDIAN INCOME
EXTREMELY LOW LOW MODERATE
Family
Size Annual Per Month Annual Per Month Annual Per Month 1 $18,750 $1,563 $31,200 $2,600 $49,950 $4,163
2 $21,400 $1,783 $35,650 $2,971 $57,050 $4,754
3 $25,820 $2,152 $40,100 $3,342 $64,200 $5,350
4 $31,200 $2,600 $44,550 $3,713 $71,300 $5,942
5 $36,580 $3,048 $48,150 $4,013 $77,050 $6,421
6 $41,960 $3,497 $51,700 $4,308 $82,750 $6,896
7 $47,340 $3,945 $55,250 $4,604 $88,450 $7,371
8 $52,720 $4,393 $58,850 $4,904 $94,150 $7,846
It is the intention of this CDBG Workforce Development program to serve low- and moderateincome (LMI) households and for at least 85 percent or more of the service recipients served by CDBG funded activities to be LMI. CDBG guidelines include all sources of income in the determination of Adjusted Gross Income except for amounts specifically excluded by any federal statute or regulation from consideration as income for purposes of determining eligibility or benefits under a category of assistance programs that includes assistance under a category of assistance programs under any program to which the exclusions set forth in 24 CFR §5.609(c) apply. Some, but not all, of the exclusions are listed below:
a. Income from employment of children under the age of 18 years; b. Payments received for the care of foster children or foster adults; c. Lump-sum additions to family assets, such as inheritances, insurance payments (including payments under health and accident insurance and worker's compensation), capital gains and settlement for personal or property losses;
d. Amounts that are specifically for or in reimbursement of the cost of medical expenses; e. Income of a live-in aide;
f. Student financial assistance paid directly to the student or educational institution; g. Special pay to a family member serving in the Armed Forces who is exposed to hostile fire; h. Amounts received under training programs funded by HUD; i. Amounts received by a person with a disability that are disregarded for a limited time for purposes of SSI eligibility because they are set aside for use under PASS; j. Amounts received for other publicly assisted programs which are specifically for or in reimbursement of out-of-pocket expenses incurred and which are made solely to allow participation in a specific program;
k. Amounts received under a resident service stipend (not to exceed $200 per month); l. Incremental earnings and benefits resulting from participation in qualifying State or local employment training programs with clearly defined goals and objectives; m. Temporary, nonrecurring or sporadic income (including gifts); n. Reparation payments paid by a foreign government pursuant to claims filed under the laws of that government by persons who were persecuted during the Nazi era. 25 Packet Pg. 111 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF FINANCIAL ASSISTANCE
2020 W. El Camino Avenue, Suite 670, 95833
P.O. Box 952054 Sacramento, CA 94252-2054
CDBG-DR WORKFORCE DEVELOPMENT PROGRAM
INCOME VERIFICATION PACKET
If requested, submit the following information via the forms enclosed and attach any applicable supporting forms or documentation. Failure to complete the requested information may automatically disallow any scholarships, free services or other subsidy related to the workforce training activities funded by the CDBG-DR Workforce Program. Applicants are encouraged to request help as needed; technical assistance is available.
A. Complete the following forms as provided for in this packet:
1. ☐ Workforce Development Participant household information (pages 3-9)
2. ☐ Authorization to Share and Release Information (page 10) B. Attach copies of the following documentation for the applicant, or other household members, as applicable:
1. ☐ Copy of driver’s license(s), or State I.D. (s) from the applicant only, • Identification must be legal per State and Federal laws. If you need help obtaining proper identification, please indicate below:
☐ Assistance Requested.
• If you are applying to the program and you are under 18 years old and do not have legal identification, you may submit a copy of your birth certificate and social security card.
2. ☐ Copy of Signed Tax Return from prior year for ALL adult household members. If a tax return is not available, submit an affidavit that no taxes were filed or a copy of “No Filing Status” from the IRS for the previous year.
3. Submit either 3.a, 3.b or 3.c for each adult1 household member, as applicable:
a. Three (3) months of consecutive & current pay stubs for all household members 18 years and older and dated within 90 days prior to application or, b. Signed statement from employer verifying at a minimum:
• Date of employment
• Current Position
• Wages and frequency of pay
• Employer name and title and phone number or,
c. Submit Certification of Zero Income form (see item C.2)
4. ☐ Copies of three (3) months of consecutive & current bank statements for all adult household members dated within 90 days prior to application. Or indicate “N/A” 1 Do not submit income documentation for adults (18 years and older) that are enrolled in school. Indicate on Household Composition Form all household members that are in school.
EXHIBIT E
26 Packet Pg. 112 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner
5. ☐ Documentation of the following, as applicable:
• child support and alimony income
• Most recent social security income statements
• Copies of W2’s and 1099’s
C. Provide the following forms if applicable to your circumstances (circle “N/A” if not applicable):
1. ☐ Verification of Recurring Cash Contributions form, of N/A
2. ☐ Complete the “Certification of Zero Income” form for each adult without any income, or N/A
3. ☐ Complete the “Self-Employment Income Verification” form for each adult household member that is currently self- employed, or N/A
NOTE: Program personnel may contact 3rd parties to validate information 27 Packet Pg. 113 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner
GENERAL INFORMATION OF PARTICIPANT
Last Name First Name MI
_
Current Address City State Zip
Home/Mobile Telephone
Email Address
Last 4-digits of Social Security Number Date of Birth
28 Packet Pg. 114 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner
DISCLOSURE OF INCOME FOR PARTICIPANT
Any items indicated by “yes”, attach related documentation.
Do you receive periodic income, such as: Yes No
a. Retirement funds………………………………………. ___ ___
b. Pension………………………………………………. ___ ___
c. Social Security Benefits………………………………. ___ ___
d. Supplemental Security Income (SSI)………………. ___ ___
e. Annuities………………………………………………. ___ ___
f. Insurance Policies……………………………………. ___ ___
g. Disability or Death Benefits…………………………... ___ ___
h. AFDC……………………………………………………. ___ ___
i. Unemployment Benefits………………………………. ___ ___
j. Workmen’s Compensation……………………………. ___ ___
k. Child Support/Alimony………………………………… ___ ___
l. Military…………………………………………………… ___ ___
m. Taxable Asset Income ………………………………… ___ ___
n. Other Income……………………………………………. ___ ___
Are you receiving income from:
a. Employment……………………………………………. ___ ___
b. Self-Employment………………………………………. ___ ___
Do you have any of the following potential asset income:
a. Checking Account……………………………………… ___ ___
b. Savings Account………………………………………. ___ ___
c. CD (Certificate of Deposit Account) …………………. ___ ___ d. IRA or other Retirement Account (i.e., 401k, 457) …. ___ ___ Do you regularly receive monetary gifts or non-cash contributions from persons outside your household for2:
a. Mortgage, Rent, Living Expenses……………………. ___ ___
b. Utilities……………………………………………………. ___ ___
c. Groceries…………………………………………………. ___ ___
d. Clothing…………………………………………………… ___ ___
e. Miscellaneous……………………………………………. ___ ___
I certify that I have answered truthfully to the best of my knowledge. I further understand that submittal of false information is punishable under Federal Law. I have no objections to inquiries being made to verify any information listed above.
Participant Signature Date
2 For items in this section indicated “yes”, attach the Verification of Recurring Contributions form 29 Packet Pg. 115 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner DISCLOSURE OF INCOME FOR OTHER ADULT HOUSEHOLD MEMBER(S)3 Do you receive periodic income, such as: Yes No
a. Retirement funds………………………………………. ___ ___
b. Pension………………………………………………. ___ ___
c. Social Security Benefits………………………………. ___ ___
d. Supplemental Security Income (SSI)………………. ___ ___
e. Annuities………………………………………………. ___ ___
f. Insurance Policies……………………………………. ___ ___
g. Disability or Death Benefits…………………………... ___ ___
h. AFDC……………………………………………………. ___ ___
i. Unemployment Benefits………………………………. ___ ___
j. Workmen’s Compensation……………………………. ___ ___
k. Child Support/Alimony………………………………… ___ ___
l. Military…………………………………………………… ___ ___
m. Taxable Asset Income ………………………………… ___ ___
n. Other Income……………………………………………. ___ ___
Do you receive periodic income, such as?
a. Employment……………………………………………. ___ ___
b. Self-Employment………………………………………. ___ ___
Do you have any of the following:
a. Checking Account……………………………………… ___ ___
b. Savings Account………………………………………. ___ ___
c. CD (Certificate of Deposit Account) …………………. ___ ___ d. IRA or other Retirement Account (i.e., 401k, 457) …. ___ ___ Do you regularly receive monetary gifts or non-cash contributions from persons outside your household for:
a. Mortgage, Rent, Living Expenses……………………. ___ ___
b. Utilities……………………………………………………. ___ ___
c. Groceries…………………………………………………. ___ ___
d. Clothing…………………………………………………… ___ ___
e. Miscellaneous……………………………………………. ___ ___
I certify that I have answered truthfully to the best of my knowledge. I further understand that submittal of false information is punishable under Federal Law. I have no objections to inquiries being made to verify any information listed above.
_________________________________ ______________
Non-participant adult household member Date
3 *Complete additional forms for each adult member, as applicable 30 Packet Pg. 116 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner HOUSEHOLD4 COMPOSITION CERTIFICATION5
As of (date of application), I,
resided at: (property address)________________________________________________ Circle the correct response:
1) At the time of time of the application I was living alone, or I expect to be living alone within the next 12 months.
2) The following people live with me and will continue to do so for the foreseeable future:
Name Last 4 digits of
SSN#
Date of Birth Enrolled in School?
Do you expect your household composition to change in the next 12 months? _____ If yes, explain: _______________
CONFLICT OF INTEREST CERTIFICATION
Do you, or anyone in your household, have family or business ties to anyone who assisted in the development or operations of the workforce development program? Circle one: Yes No
If yes, describe the relationship and role:
4 “Household” is defined as all persons occupying a housing unit. The occupants may be a family, as defined in 24 CFR 5.403; two or more families living together; or any other group of related or unrelated persons who share living arrangements, regardless of actual or perceived, sexual orientation, gender identity, or marital status. (24 CFR 570.3). Note: An applicant may be considered a smaller “household” than their current actual “household” number if the living situation is temporary or transitional, i.e., aging out of foster care, temporarily homeless and formerly incarcerated are examples of individuals that may be temporarily part of a larger household than what would be considered in a “household calculation”.
5 Complete one form for each applicant household
31 Packet Pg. 117 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner
CERTIFICATION OF HOUSEHOLD INFORMATION AND INCOME
(To be completed by participant and other adults of household, if applicable) I (We), _______________________________(and)_________________________do hereby certify that my (our) household consists of members. I (We) certify that my (our) yearly income is ___________________. I (We) also certify that all the information that I (we) have given is correct to the best of my (our) knowledge.
Participant Signature Date
Other Adult Household Signature Date
32 Packet Pg. 118 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner
DISASTER RECOVERY BENEFITS COMPLIANCE
The workforce development program for which you are applying is funded in whole or part by Community Development Block Grant – Disaster Recovery funds related to the 2018 wildfire disasters in California. The following information is required to be collected for the program administrators to evaluate a potential Duplication of Benefits.
1) Are you currently receiving, or have you received in the last 3 years, any assistance for the purpose of workforce development training courses(s) you are currently applying for? (i.e., Pell Grants, Educational funds)
No __ or Yes ___
If yes, If yes, please provide the name of the program, last date of receipt of funds, and amount:
__________________________________________________________________________ 2) Have you entered into or completed the same or similar course(s) – that you are applying for – within the last 3 years? (If the response is yes, additional conversations with HCD Program staff may be required.)
No __ or Yes ___
I/We certify that I/We have been asked the above questions and they have been answered truthfullyto the best of my/our knowledge. I/We further understand that submittal of false information is punishable under Federal Law. I/We have no objections to inquiries being made to verify any information listed above.
Participant Other adult household member
For reviewer’s comments only with respect to Duplication of Benefits and other compliance items indicated above:
33 Packet Pg. 119 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner DEMOGRAPHIC INFORMATION – Workforce Development (CDBG-DR 2018) (for evaluation of equitable distribution of funds)6
Race and Ethnicity Marital Status
Single
Ethnicity: (select only one) Married
Hispanic or Latino Widowed
Not Hispanic or Latino Divorced
Separated
Race: (select one or more) Other
American Indian or Alaska Native
Asian
Black or African American Gender
Native Hawaiian or Other Pacific Islander Male
White Female
6 The race/ethnicity/gender information is requested by the Federal Government for certain federally supported programs to monitor compliance with equal opportunity laws. You are not required to furnish this information (race/ethnicity/gender) but are encouraged to do so. The law provides that a provider may not discriminate either based on this information, or on whether you choose to furnish it. 34 Packet Pg. 120 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF FINANCIAL ASSISTANCE
2020 W. El Camino Avenue, Suite 670, 95833
P.O. Box 952054 Sacramento, CA 94252-2054
Authorization to Share and Release Information
Purpose: Consent to allow California Department of Housing and Community Development (HCD) and/or a Workforce Development Program to request information from 3rd parties to verify an applicant’s eligibility. Moreover, a signed form grants permission for HCD to release applicants’ demographic information to HUD in aggregate form.
I, , authorize the following agencies collaborating
inthe CDBG-DR 18 Workforce Development Program to collect information relevant to my eligibility to participate in the Program.
Department of Housing and Community
Development
Name of Subrecipient
2020 W. El Camino Avenue, Suite 670,
Sacramento, CA 95833
Subrecipient Address
(916) 263-7400 Subrecipient Phone
The information that may be released includes, but is not limited to:
1. Information about my current employment status, wages and projected income
2. Information about recurring contributions
3. Information about my current household composition (who lives with me)
4. Information about my participation in other workforce development programs I also permit representatives from the agencies/organization listed above, who are working with me or on my behalf, to discuss these matters specifically related to my participation in the Workforce Development Program.
I further permit these agencies to share my demographic data7 (race, ethnicity, and gender) to HUD for the purposes of evaluating the Workforce Development Program and improving services.
My signature below indicates I have read this form and/or have had it read to me. I can revoke this consent in writing at any time.
Participant’s name (printed) ___________________________ Participant’s signature __________________________ Date _______________ 7 The race/ethnicity/gender information is requested by the Federal Government forcertain federally supported programs to monitor compliance with equal opportunity laws. You are not required to furnish this information (race/ethnicity/gender) but are encouraged to do so. The law provides that a provider may not discriminate either based on this information, or on whether you choose to furnish it. 35 Packet Pg. 121 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner Published September 2023
Appendix G: Draft Sample Standard Agreement
Draft Sample Standard Agreement
The following draft sample Standard Agreement is included for your review and to understand the requirements and conditions of operating a CDBG-DR funded activity. The final Standard Agreement will include:
Exhibit A – Authority, Purpose, and Scope of Work
Exhibit B – Budget and Payment Provisions
Exhibit C – State of California General Terms and Conditions (not included in this draft sample, included as a link on the STD 213)
Exhibit D – CDBG-DR Workforce Development Program Terms and Conditions Exhibit E – Special Terms and Conditions (not included in this draft sample) Exhibit F – Detailed Scope of Work, Budget, and Application (not included in this draft sample, derived from the application completed through the Grants Network application process)
Exhibit G – Subrecipient Profile (not included in this draft sample, derived from the application profile completed through the Grants Network application process) 36 Packet Pg. 122 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner Subrecipient’s Name
18-DRWD-210XX
A
18-DR Workforce Development-210XX
Approved Date: xx/xx/2023
Prep. Date: xx/xx/2023
AUTHORITY, PURPOSE, AND SCOPE OF WORK
1. Authority & Purpose
The California Department of Housing and Community Development (hereinafter “Department”) is the lead and responsible entity for administering the Community Development Block Grant – Disaster Recovery Workforce Development Program (hereinafter “DR-Workforce”) funds appropriated under Public Laws 115-254 and 116-20 and allocated to the State of California by the U.S. Department of Housing and Urban Development (hereinafter “HUD”). Community Development Block Grant – Disaster Recovery (hereinafter “CDBG-DR”) is used by the State of California to support recovery efforts in areas impacted by the Federal Emergency Management Agency’s Major Disaster Declarations DR-4407 and DR-4382. DR-Workforce programs are funded by CDBG-DR to address the need for skilled trades and specialized training and increase economic opportunities for low- to moderateincome persons.
2. Scope of Agreement
A. Grant Funds
Subject to the terms and conditions of this Standard Agreement (hereinafter “Agreement”), the Department has allocated and agrees to provide grant funds up to the maximum amount identified in the Standard Agreement STD 213 Form to [insert subrecipient name] (hereinafter “Subrecipient”) for all Work (defined below) identified in this Agreement (hereinafter “Subrecipient Award”). All payments made to the Subrecipient will adhere to the provisions described in Exhibit B, Section 6 (Method of Payment) herein. In no instance shall the Department be liable for any costs in excess of the approved as shown in the Budget section in Exhibit F, nor for any unauthorized or ineligible costs or expenses.
This Agreement governs the Subrecipient Award and each individual Program thereafter proposed by the Subrecipient and approved by the Department (each an “Approved Activity”, and collectively the “Approved Activities”), the budget for each of which is to constitute some portion of the Subrecipient Award. The cumulative total amount of all Approved Activities for DRWorkforce funding shall not exceed the total amount of the Subrecipient Award.
B. Implementation of Agreement
37 Packet Pg. 123 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner Subrecipient’s Name
18-DRWD-210XX
18-DR Workforce Development-210XX
Approved Date: xx/xx/2023
Prep. Date: xx/xx/2023
By entering into this Agreement and thereby accepting the Award of grant funds, the Subrecipient agrees to comply with and implement this Agreement in a manner satisfactory to the Department and HUD and consistent with all applicable laws, regulations, policies and procedures that may be required as a condition of the Department providing the grant funds, including but not limited to, all applicable DR-Workforce Administration and Compliance requirements set forth by this Agreement, and in accordance with the NOFA Application (hereinafter “Application”) documentation previously provided by the Subrecipient, attached to Exhibit F, and made a part hereof. The Department’s providing of grant funds under this Agreement is specifically conditioned on Subrecipient’s compliance with this provision and all terms and conditions of this Agreement, the most recently published version of the Department’s State CDBG-DR Action Plan for 2018 Disasters and Program Policies and Procedures, and any amendments thereto, all applicable Federal Register notices (including future Federal Notices), and the requirements of the authorities cited above, as all of the same may be amended from time to time.
This Agreement is subject to written modification and termination as necessary by the Department in accordance with requirements contained in any future state or federal legislation and/or state or federal regulations. All other modifications must be in written form and approved by both parties.
3. Subrecipient Scope of Work
The Subrecipient scope of work (hereinafter “Work”) for this Agreement shall consist of the following:
The Subrecipient shall perform the funded activities described in the Work, as detailed in Exhibit F.
All written materials or alterations submitted as addenda to the original Application, and which are approved in writing by the Department are hereby incorporated as part of the Application. The Department reserves the right to require the Subrecipient to modify any or all parts of the Application to comply with CDBG-DR or state program requirements. The Department reserves the right to monitor all Work to be performed by the Subrecipient, its contractors, and subgrantees in relation to this Agreement. Any proposed revision to the Work must be submitted in writing for review and approval by the Department and will require an amendment to this Agreement. Approval shall not be presumed unless such approval is made by the Department in writing.
A. For the purposes of performing the Work, the Department agrees to provide the amount(s) identified in Exhibit F, Budget Worksheet. Unless amended in writing, 38 Packet Pg. 124 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner Subrecipient’s Name
18-DRWD-210XX
A
18-DR Workforce Development-210XX
Approved Date: xx/xx/2023
Prep. Date: xx/xx/2023
the Department shall not be liable for any costs more than the total approved DRWorkforce budget identified herein. The Department shall not, under any conditions, be liable for any unauthorized or ineligible costs.
B. Approved Activities must meet a CDBG-DR National Objective. DR-Workforce programs, as defined in the DR-Workforce Policies and Procedures Manual shall meet the following CDBG-DR National Objectives:
1. Benefit to Low/Moderate Income Persons
C. Subrecipient shall meet all project milestones, project-specific special conditions, budgetary and otherwise, and other requirements, as set forth in this Standard Agreement.
D. Subrecipient shall comply with all Project closeout procedures, timely and accurately, including responding to the Department’s requests for additional information in support of Project closeout.
E. Subrecipient shall submit requests for reimbursement (Financial Reports) to the Department no less frequently than quarterly and no more frequently than monthly with end-of-quarter reimbursement requests being due to the Department by the 10th calendar day of the month following the end of the preceding quarter. The Department may require monthly requests for reimbursement. For purposes of this provision, the first full month following the effective date of this Agreement shall constitute the first month of the first quarter.
Subrecipient shall submit Financial Reports consistent with the other provisions outlined in this Agreement.
F. Subrecipient shall collect data and submit reports to the Department in accordance with the reporting requirements detailed in Section 24 of Exhibit D herein.
G. The Subrecipient shall monitor all Approved Activities in accordance with the requirements of the Subrecipient Monitoring Responsibilities outlined in the DRWorkforce Development Policies and Procedures Manual.
4. Effective Date and Commencement of Work
A. This Agreement is effective upon approval by the Department representative’s signature on page one of the fully executed Standard Agreement, STD 213 Form (the “Effective Date”).
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Approved Date: xx/xx/2023
Prep. Date: xx/xx/2023
Subrecipient agrees that prior to execution of this Agreement by the Department, no Work toward the implementation of the program activities, shall commence, nor shall any costs be paid with CDBG-DR funds incurred or obligated by any party.
Additionally, for public facility-related activities, proof of the recorded DR-Workforce Use Restriction, as required by federal regulation, must be submitted to, and accepted by the Department at close of acquisition and/or prior to the start of construction, when such activities are applicable to an approved training program. If an Application is approved that includes both acquisition and construction, the deed restriction must be recorded at close of acquisition.
5. Term of Agreement and Performance Milestones
A. Term of Agreement: With the exception of the activities and costs allowed during DR-Workforce grant closeout period as set forth in Exhibit B, Section 9, the Subrecipient shall complete the Work activities and incur all project Activity Costs (does not include Activity Delivery Costs which are due 45 after the expenditure deadline, see Exhibit B Section 6.B. for more details) on or before the Expenditure Deadline. Time is of the essence to ensure complete and compliant Approved Activities before grant closeout.
The Expenditure Deadline for Activity funding is 01/31/2026, unless expressly extended by the Department in writing and in its sole and absolute discretion and subject to any federal or state limitations with respect thereto.
All grant funds including, Activity Delivery, must be expended by the Agreement expiration date.
This Agreement will expire as set forth in Section 2 of the STD 213.
B. Performance Milestones: Subrecipient shall adhere to the performance milestones below. Time is of the essence with respect to all such milestones. 1) For the Public Facilities eligible activity only, Subrecipient must commence the Environmental Record Review (“ERR”) process within one (1) month from effective data of this agreement with HCD. 2) For the Public Facilities eligible activity only, Subrecipient must successfully complete Acquisition or lease within two (2) months from ERR clearance.
3) For the Public Facilities eligible activity only, Subrecipient must begin to incur Construction costs (soft cost are sufficient), within two (2) 40 Packet Pg. 126 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner Subrecipient’s Name
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months from ERR clearance or, if applicable, from Acquisition/Lease completion.
4) Subrecipient must commence approved training classes and supportive services three (3) months from ERR clearance or construction/acquisition complete; but must begin serving Beneficiaries by December 31, 2024.
5) Subrecipient must meet the project-specific milestones outlined in the Subrecipient’s schedule set forth in Exhibit F.
6) Subrecipient must expend fifty percent (50%) of the funds authorized in this Agreement at least ten (10) months prior to the Expenditure Deadline. Proof of meeting this milestone must be provided in the Financial Report submitted no later than nine (9) months from the Expenditure Deadline. For example, if an expenditure deadline is December 31st, then 50% requirement must be reached 10 months before that, which is end of February earlier that year and a Financial Report showing proof is due in the next month’s March Financial Report.
7) Subrecipient must serve fifty percent (50%) of its Beneficiaries identified in Exhibit F no later than six (6) months prior to the Expenditure Deadline. Proof of meeting this milestone must be provided in the Monthly Activity Report submitted no later than five (5) months from the Expenditure Deadline. For example, if an expenditure deadline is December 31st, then 50% requirement must be reached 6 months before that date, which is June 31st earlier that year, and a Monthly Activity Report showing proof is due in next month’s July Monthly Activity Report.
8) Subrecipient must serve one hundred percent (100%) of its Beneficiaries identified in Exhibit F prior to the Expenditure Deadline.
The Department may allow up to a 10% variance, if, in the sole discretion of the Department, it determines that the Subrecipient has demonstrated, for reasons beyond Subrecipient’s reasonable control, they were not able to timely meet this requirement.
9) Expenditure of all DR-Workforce Activity Funds (excluding eligible Activity Delivery costs for close-out) by the Expenditure Deadline. If Subrecipient fails to fully expend DR-Workforce activity funds by the Expenditure Deadline, the Department reserves the right to 41 Packet Pg. 127 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner Subrecipient’s Name
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disencumber the Subrecipient’s Award amount in this Agreement by the amount then unspent.
10) For Public Facility activities, recordation of the 5-Year no change of use restriction.
11) Failure to meet performance milestones:
If any performance milestones listed above are not met or not on target to be met, in addition to any other rights and remedies it has hereunder, the Department reserves the right to withhold further payments to Subrecipient (including, but not limited to, reimbursements for Activity Delivery costs) until such time as satisfactory progress is made toward meeting the performance measures.
The Department has full discretion to determine if the
Subrecipient is on target to meet the Expenditure Deadline.
Subrecipient shall diligently work with the Department’s DRWorkforce staff to promptly submit to the Department:
(a) a written mitigation plan specifying the reason(s) for the delay;
(b) the actions to be taken to complete the task that is the subject of the missed measure deadline; and
(c) the date by which the completion of said task will occur. 12) The Department, in its sole and absolute discretion, reserves the right to reallocate unspent grant funds from this contract if the Department determines the Subrecipient is unable to meet the performance milestones in a timely manner following the failure to meet said milestones. The Department reserves all rights and remedies available to it in case of a default by Subrecipient of its responsibilities and obligations under the terms of this Agreement. All remedies available to the Department are cumulative and not exclusive.
The Subrecipient and its contractors, as applicable, shall adhere to all performance milestones as established above.
C. Any changes to the Work set forth in this Agreement must be approved in writing by the Department. Requests for revisions to the Work must be submitted in writing for review and approval by the Department in its discretion. Any approval shall not be presumed unless such approval is made by the Department in writing.
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Approved Date: xx/xx/2023
Prep. Date: xx/xx/2023
6. DR Workforce Development Program Contract Management A. Department Contract Manager: The Department Contract Manager for this Agreement is the DR-Workforce Program Manager or the Program Manager’s designee. Written communication regarding this Agreement shall be directed to the Department Contract Manager at the following address:
CA Department of Housing and Community Development
Division of Financial Assistance – DR-Workforce Development Program Attn: Contract Manager
P.O. Box 952054
Sacramento, CA 94252-2054 or,
electronic mail at: [email protected]
B. Contract Management: Day-to-day administration of this Agreement shall take place via Grants Network, including but not limited to:
1) Financial Reports (Funds Requests)
2) Activity Reports
3) Risk Assessments and Due Diligence documents
4) Other Reports, as required
5) Submittal of any and all requested supporting documentation 6) Standard Agreement Issuance and Amendments
C. Subrecipient Contract Administrator: The Subrecipient Contract Administrator (must be a Subrecipient employee) is identified in Exhibit G, Subrecipient Profile. Unless otherwise directed by the Department, any notice, report, or other communication required by this Agreement shall be directed via Grants Network or written to the Subrecipient’s Contract Administrator at the contact information identified in Exhibit G.
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Approved Date: XX/XX/2023
Prep. Date: xx/xx2023
B
BUDGET AND PAYMENT PROVISIONS
1. Budget
All approved budget amounts are specified by line item in Exhibit F, section 3, Budget Worksheet.
2. Cost Classification
Subrecipient must classify costs on the budget by distinguishing between Activity Costs, Indirect Costs and Activity Delivery Costs.
3. Other Funding Sources
All other sources of funding required to complete the Approved Activity must be identified, committed, and documented prior to, and as a condition of this Agreement. If at any time, those identified and secured sources change, the Subrecipient must notify the Department within ten (10) calendar days of the Subrecipient’s knowledge that funding sources are changing. The terms and conditions of all financing shall be subject to the Department’s continuing review and approval. The Department must re-review a Project application at any time there is a change in the amount of, or the material terms and conditions of, any third-party funding for the Work.
4. Availability of Funds
A. The Department’s provision of funding to Subrecipient pursuant to this Agreement is contingent on the availability of DR-Workforce funds subject to the requirements that Subrecipients spend 80% of program funds to benefit the MID and must meet the requirement of 85% of grant-wide funds for LMI benefit, but should strive for 100%, and continued federal and state authorization for DRWorkforce activities. All funding hereunder is subject to amendment or termination due to lack of funds or authorization. Requirements for MID and LMI benefit can be found in greater detail in DR-Workforce published Policies and Procedures.
B. The Department shall be relieved of any obligation for reimbursing the Subrecipient if funds allocated to the State by HUD cease to be available for any reason or there is any limitation on, or withdrawal of, the Department’s authority to administer the CDBG-DR program or any portion thereof.
5. Expenditure of Funds
A. Activity Costs
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No Activity costs may be incurred, or funds reimbursed, until and unless Subrecipient provides documented compliance with the National Environmental Protection Act (NEPA) requirements established in 24 CFR 50, 24 CFR 58, and 42 USC 4321, et seq. and California Environmental Quality Act (CEQA); California Code of Regulations, Title 14, Division 6, Chapter 3, Sections 15000 – 15387 as referenced in Exhibit D, section 14.
Activity Delivery Costs may be incurred prior to documented NEPA and CEQA compliance. See Section 6(A)(2) below for reimbursement requirements of Activity Delivery costs.
B. Priority of Funds
The Grantee agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. To the extent available, the Subrecipient must first disburse funds available to the Approved Activity from, among other sources, Subrecipient funding, third-party loans or grants, contract settlements, audit recoveries, and interest earned on such funds before requesting or receiving DR-Workforce funds.
C. Withholding Funds
The Department reserves the right to withhold payments pending timely delivery of activity reports or documents as may be required under this Agreement, and for defaults by the Subrecipient, as noted in Exhibit D.
D. Disencumbering of Surplus Funds
Notwithstanding the terms in Exhibit A Section 5.B.9, the Subrecipient agrees that funds determined by the Department to be surplus upon completion of the Approved Activity, or that have not been spent on eligible costs prior to the Expenditure Deadline, will be subject to disencumbrance by the Department.
E. Indirect Costs
The Department will consider reimbursement of indirect cost expenditures from Subrecipients that have an approved Indirect Cost Rate Proposal from the Department, HUD, or other cognizant federal agency. If Subrecipient does not have an approved Indirect Cost Rate Proposal, Subrecipient may utilize the de minimis rate of 10% of modified total direct costs (MTDC) which may be used indefinitely or until the Subrecipient chooses to negotiate for a new rate based on an indirect cost proposal. prior to submission of Financial Reports for reimbursement of indirect cost expenditures. Procedures for establishing an 45 Packet Pg. 131 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner Subrecipient’s Name
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indirect cost rate can be found at 2 CFR 200.414. All indirect costs that may be reimbursed with grant funds should be shown separately on Exhibit F, Budget Worksheet.
F. Compliance with the OMB Uniform Guidance Audit Requirements Grant funds will not be disbursed to any Subrecipient identified by the State Controller's Office (SCO) as non-compliant with the Federal Single Audit Act, as described in the OMB Uniform Guidance and 2 CFR Part 200 Sub-Part F. No funds may be disbursed until compliance with the Uniform Guidance is demonstrated to the satisfaction of the Department.
G. Grant Administration
The Subrecipient agrees to administer this Agreement in accordance with the provisions of Section 7097 through and including Section 7126 of Title 25 of the California Code of Regulations.
6. Method of Payment
Payments will be made directly to the Subrecipient as reimbursements for Eligible Activity Costs based on the documented and satisfactory completion of agreed upon performance milestones detailed in Subrecipient Scope of Work as indicated in Exhibit A, and confirmation of Subrecipient’s compliance with the terms of this Agreement. No funds will be advanced to the Subrecipient by the Department.
Financial Reports must be submitted electronically through Grants Network. The Department will not authorize payments or reimbursements unless it has determined that the activities indicated in the Financial Report have been performed in compliance with the terms of this Agreement and any other agreements executed by the parties in connection herewith. Except for the Final Financial Report (see Section 6.8 below), Financial Reports shall be submitted by the Subrecipient to the Department no less frequently than quarterly and no more frequently than monthly by the 10th of each month.
A. Reimbursements for Costs Incurred
1) The Subrecipient may use grant funds for reimbursement by the Department for Eligible Activity Cost as defined herein and used for Approved Activities. Eligible Activity Costs include costs associated with program implementation, delivery, and completion.
2) Activity Delivery Costs expenditures shall be paid only after such costs are expended for approved Work satisfactorily completed, provided the 46 Packet Pg. 132 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner Subrecipient’s Name
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Department determines that the Program Performance Milestones in this Agreement are on track.
3) To receive reimbursement for Approved Activities, the Subrecipient must timely submit all required Department forms and necessary supporting documentation via Grants Network. Financial Reports must include the level of documentation specified by the Department in the Department’s Grant Administration Manual located on the Department’s website, in order to be reviewed and processed.
B. Final Financial Reports
1) The Final Financial Report for the Subrecipient Award must be submitted to the Department no later than forty-five (45) days after the Expenditure Deadline of this Agreement.
2) If the Final Financial Report for funds expended during the term of this Agreement has not been received by the Department by the deadline cited in Section 6.B.1 of this Exhibit, the Department may disencumber any funds remaining in which case grant funds will no longer be available to the Subrecipient.
7. Recapture of Funds
A Subrecipient may be required to repay all, or a portion of the funds received from the Department, including Activity Delivery Costs, pursuant to this Agreement if the Subrecipient, among other things, does not fulfill its obligations under this Agreement or fails to meet applicable federal requirements. The reasons for a recapture of funds by the Department include, but are not limited to, the following:
A. The Subrecipient does not comply with the terms of this Agreement, or any agreement executed by the Subrecipient and the Department in connection herewith.
B. The Subrecipient withdraws from the Program prior to completion of the Project(s) or Activity(ies).
C. The Subrecipient fails to meet a National Objective.
The potential recapture of funds pursuant to this provision is in addition to, and not in lieu of, any other rights and remedies of the Department under this Agreement.
8. Program Budget Revisions and Amendments
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Budget line-item adjustments may be made in accordance with the following:
A. Budget Revisions: Adjustments to the Budget that do not require an increase or reduction of total activity budget, a change in National Objective, or a change in the type or a reduction in number of beneficiaries assisted may be completed as a Budget Revision. Budget Revisions shall include but not be limited to:
1) Adjustments that reallocate funds between budget line items. 2) Adjustments that increase or decrease the detail included in the submitted lined item budgets, including adding and removing budget line items, without increasing or decreasing the scope of work and without changing the overall budget.
Budget Revisions must be approved by the Department prior to implementation.
Approval shall be provided either through the online grant management system, or in writing, as appropriate. If approved, Budget Revisions shall automatically be deemed a part of, and incorporated into, this Agreement. Project budget revisions must be submitted through Grants Network and subsequently approved by the Department prior to implementation. Approval shall be provided through Grants Network.
B. Agreement Budget Revisions: Adjustments to the Subrecipient Award that result in an increased or a reduced total award amount shall require an Agreement amendment. Agreement amendments must be fully executed by both the Subrecipient and the Department prior to implementation.
9. Approved Activity Closeout Procedures
A. Once the Approved Activity is completed, the Subrecipient must submit the following to the Department within ninety (90) days after the Expenditure Deadline.
1) Per Section 6.B of this Exhibit, the Final Activity Report (Project Completion Report) shall be submitted no later than 45 days following the Expenditure Deadline. The Final Activity Report must include all required reporting data for the Activity including but not limited to eligible activities, costs, beneficiaries, and National Objective;
2) If applicable, a copy of the produced plan;
3) If applicable, Final Labor Standards Report as described in Exhibit 48 Packet Pg. 134 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner Subrecipient’s Name
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D(18)(A) herein;
4) Signed Closeout Memo asserting all conditions have been met; 5) Evidence, satisfactory to the Department, of compliance with any other Special Conditions of this Agreement; and
6) A resolution from the governing body of the Subrecipient acknowledging the accomplishments of the Approved Activity and confirming that the Approved Activity is complete and that all Financial Reports have been submitted.
B. Upon receipt and approval of the above documentation, the Department will close the Activity and finalize the activity in DRGR for final reporting to HUD.
10. Document Retention Policy
Subrecipient shall retain all books, records, accounts, documentation, and all other materials relevant to this Agreement for a minimum period of five (5) years after the Department notifies the Subrecipient that the applicable grant agreement between HUD and the State of California has been closed.
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D
CDBG-DR WORKFORCE DEVELOPMENT PROGRAM TERMS AND CONDITIONS
1. Definitions
Activity Funds – means any reasonable and necessary costs that are directly related to labor and/or direct construction and/or direct Program implementation costs which will meet a National Objective as defined in 42 U.S.C. 5304(b)(3), as amended, and 24 CFR 570.483.
Activity Delivery Costs (ADCs) - means related allowable, reasonable, and necessary costs incurred for implementing and carrying out the eligible DR- Workforce Program.
See the DR-Workforce Policies and Procedures Manual about how ADCs are uniquely defined in public service Activities, like workforce training programs.
Activity Reports – Monthly reports submitted by the Subrecipient that describe Program and Activity progress and/or beneficiaries served during a given reporting period.
Activity Reports must be submitted by the 10th of each month.
Approved Activity– An Activity that has been submitted to the Department through the Notice of Funding Availability solicitation and reviewed and approved to receive a Subrecipient Award by the Department.
Area Median Income (AMI) - means the median household income for specific geographic areas, adjusted for household size, as calculated by HUD, and published annually by the Department at https://www.hcd.ca.gov/grants-and-funding/incomelimits/state-and-federal-income-rent-and-loan-value-limits.
CDBG-DR – means the Community Development Block Grant – Disaster Recovery funds which is the funding source for the Approved Activity(ies) the Department has agreed to fund via this Agreement.
California Environmental Quality Act (CEQA) - is a state statute that requires state and local agencies to identify the significant environmental impacts of their actions and to avoid or mitigate those impacts, if feasible.
Department – means the California Department of Housing and Community Development.
Disaster Recovery Grant Reporting System (DRGR) – The electronic system primarily used by the Department to access grant funds from HUD and report performance accomplishments for grant-funded activities to HUD. The DRGR system is used by HUD to review grant-funded activities, prepare reports to Congress and other interested parties, and monitor program compliance.
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Duplication of Benefits (DOB) - Financial assistance received from another source that is provided for the same purpose as the DR-Workforce funds, in accordance with Federal Register Notices 84 FR 28836 and 84 FR 28848.
Eligible Activity Costs– Those necessary and reasonable costs under 2 CFR 200.400 through 475, and applicable notices and waivers, and as identified in Section 4.9 of the DR-Workforce Policies and Procedures Manual, and as approved by the Department.
Eligible Activity Costs do not include any costs which are disallowed or otherwise deemed ineligible by the State of California and/or HUD.
Financial Reports (Funds Requests) - the forms and processes required by the Department for a Subrecipient to use to request grant funds.
Grant Funds – The CDBG-DR funds allocated to the Subrecipient for the implementation of the DR-Workforce Program. Grant Funds can be used under this Agreement to reimburse for Program costs, Activity Delivery Costs, and Indirect Costs.
Household - all persons family, as
24 CFR 5.403; two or more families living together; or any other group of related or unrelated persons who share living arrangements, regardless of actual or perceived, sexual orientation, gender identity, or marital status. (24 CFR 570.3). Note:
An individual may be considered a smaller household if the living situation is temporary or transitional. Aging out of foster care, temporarily homeless and formerly incarcerated are examples of individuals that may be temporarily part of a larger household than what will be considered in a “household income calculation”.
HUD – The United States Department of Housing and Urban Development.
Indirect Costs - means those costs incurred for a common or joint purpose benefitting more than one cost objective, and not readily assignable to the cost objectives specifically benefitted, without effort disproportionate to the results achieved.
Indirect Cost Rate Proposal - means the documentation prepared by a governmental unit or subdivision thereof to substantiate its request for the establishment of an indirect cost rate as further defined in 2 CFR 200.56 and 2 CFR 200.57.
Low- to Moderate- Income (LMI) – Low to moderate income people are those having incomes not more than the “moderate-income” level (80% Area Median Income) set by the federal government for HUD-assisted programs. This income standard changes from year to year and varies by Household size, county, and the metropolitan statistical area.
Standard Agreement (“Agreement”) – The contractual arrangement between the Department and the Subrecipient which sets forth the terms and conditions by which 51 Packet Pg. 137 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner Subrecipient’s Name
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DR-Workforce funds must be utilized with regards to Approved Programs.
National Environmental Policy Act (NEPA) – The federal law and associated regulations which establishes a broad national framework for protecting the environment. NEPA's basic policy is to assure that all branches of government consider the environment prior to undertaking any major federal action.
Subrecipient – a public or private nonprofit agency, authority, or organization receiving a direct award of grant funds from the Department for the purpose to undertake Approved Programs that meet a National Objective.
Work – the scope of work required of the Subrecipient as set forth in Section 3 of Exhibit A, and Exhibit F of this Agreement.
Subrecipient Award – The amount of grant funds allocated to the Subrecipient for Approved Activities.
2. National Objectives
In accordance with 24 CFR 570.208, Section 104(b)(3) of the Housing and Community Development Act of 1974, all CDBG-DR funded activities must meet a National Objective. Under Section 101(c) of the authorizing Act (42 U.S.C. 5301), all CDBG-DR Activities must satisfy that one of the named National Objectives. The qualifying National Objective in the DR-Workforce Program is:
- Benefit to low-and moderate-income persons (LMI)
Subrecipient must document how CDBG-DR expenditures benefit LMI persons in accordance with the DR-Workforce Policies and Procedures Manual, as may be amended and by using the current HUD income limits at the time of beneficiary applications, in a user-friendly format. Subrecipients are expected to maintain clear and accurate records of activity participants to show how the National Objective is met.
Upon completion of the Approved Activity funded under this Agreement and prior to the expiration date of this Agreement, whichever comes first, the Subrecipient must document that the Approved Activity met the LMI National Objective. The Department shall review the actual National Objective achievements of the Subrecipient. If the Subrecipient does not or cannot satisfactorily document the National Objective achievement of an Approved Activity, the Approved Activity may be deemed ineligible, and repayment of funds may be required of the Subrecipient.
Subrecipient must use the Limited Clientele (LMC) methodology to meet the LMI National Objective. This is done by collecting household income information from each beneficiary served by Subrecipient’s DR-Workforce funded program to determine and 52 Packet Pg. 138 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner Subrecipient’s Name
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verify whether the person’s household is classified as low- to moderate-income person.
HUD releases the requirements for low- to moderate- income categories on an annual basis on the HUD Exchange website at:
(https://www.hudexchange.info/resource/5334/cdbg-income-limits/).
Subrecipient must serve a minimum amount of low- to moderate- income persons as a result of their program, and Subrecipient’s specific target percentage of low- to moderate- income persons served is contained in the Policies and Procedures.
3. Duplication of Benefits
A Duplication of Benefits (DOB) occurs when a person, household, business, or other entity receives disaster assistance from multiple sources for a cumulative amount that exceeds the total need for a particular recovery purpose. The amount of the duplication is the amount of assistance provided in excess of the total need for the same purpose. It is the Department’s responsibility to ensure that CDBG-DR Workforce provides assistance only to the extent that the disaster recovery need has not been fully met by funds that have already been paid, or will be paid, from another source.
The Subrecipient must report all funds obtained for the same Approved Activity from any source from the date of the disaster until the Program is completed.
The Subrecipient agrees to repay to the Department immediately upon demand any assistance later received for the same purpose as the CDBG-DR Workforce funds and that exceeds the total need for the particular recovery purpose.
4. Remedies and Termination for Noncompliance
A. Remedies for Noncompliance: In addition to any other rights and remedies the Department may have under this Agreement, at law, or in equity, the Department may initiate remedies for noncompliance as identified in 2 CFR 200.339 at any time it has been determined that the Subrecipient is no longer meeting the terms and conditions of this Agreement. Remedies for noncompliance may be required in addition to, in lieu of, or prior to termination. Such remedies for noncompliance with a federal statute or regulation, a state statute or regulation, an assurance, in a state plan or application, or elsewhere may include, as appropriate:
1) Temporarily withhold cash payments pending correction of the deficiency by the Subrecipient.
2) Disallow all or part of the cost of the action not in compliance. 3) Wholly or partly suspend or terminate the Subrecipient’s grant funds. 53 Packet Pg. 139 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner Subrecipient’s Name
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4) Withhold further and/or future awards for CDBG-DR funds and/or any other funds administered by the Department.
5) Request that the Federal Awarding Agency initiate suspension or debarment proceedings.
6) Take other remedies that may be legally available, such as:
In the case of costs incurred without meeting a National Objective, require repayment of all funds reimbursed and/or paid to the Subrecipient, including Activity Delivery, as appropriate.
In the case of Duplication of Benefits, require repayment of all CDBG-DR Workforce funds reimbursed and/or paid to the Subrecipient where other financial assistance was received for the same purpose or in excess of the recovery need.
In taking an action to remedy noncompliance, the Department will provide the Subrecipient an opportunity for such hearing, appeal, or other administrative proceeding to which the Subrecipient is entitled under any statute or regulation applicable to the action involved as per 2 CFR 200.342. Such appeal shall be governed by, and conducted in accordance with, the appeal processes and procedures set forth in Section 5 herein.
B. Effects of Suspension and Termination. Subrecipient costs resulting from obligations incurred by the Subrecipient or any of the Subrecipient’s contractors during a suspension or after termination of an Agreement are not allowable unless otherwise authorized by the Department in a written notice or as allowable in 2 CFR 200.343. The enforcement remedies identified in this Section do not preclude a Subrecipient or any of the Subrecipient’s contractors from being subject to 2 CFR Part 2424. CDBG-DR funds may not be provided to excluded or disqualified persons pursuant to 24 CFR 570.489(l) and 2 CFR 200.339.
C. Termination for Noncompliance: Grant funds provided by this Agreement may be terminated in whole or in part as per federal regulation at 2 CFR 200.340 by HUD or by the Department if Subrecipient fails to comply with the terms and conditions of the Agreement that include the terms and conditions of the federal award. All terminations shall include written notification setting forth the reason(s) for such termination, the effective date, and the portion to be terminated in the case of partial terminations and will follow termination notification requirements identified in 2 CFR 200.341.
D. Termination Without Cause: This Agreement may be terminated by the Department in whole or in part at any time without cause only with the consent of the Subrecipient. In the case of a termination of the whole Agreement, the parties shall agree upon termination conditions, including the effective date. In the case 54 Packet Pg. 140 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner Subrecipient’s Name
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of a partial termination, the parties shall agree upon termination conditions, including the portion to be terminated and the effective date.
E. Termination With Cause: This Agreement may be terminated by the Department in whole or in part at any time for cause by giving at least 14 days’ prior written notice to the Subrecipient. Termination with cause includes termination prior to the end of the period of performance for failure to comply with the terms and conditions of this Agreement, and pursuant to 2 CFR 200.340(c), such termination shall be reported to the appropriate federal program integrity and performance system accessible through the System for Award Management.
Termination with cause also includes, without limitation, a failure by Subrecipient to comply with the Activity Schedule, Activity Performance Milestones, Reporting Requirements, and/or Special Conditions issued for an Activity to use CDBG-DR funds.
The remedies available to the Department under this Agreement are cumulative and not exclusive.
5. Appeals Process for Noncompliance: If Subrecipient disagrees with a finding and/or corrective action and/or sanction of noncompliance and/or any accompanying remedy and/or termination that are associated with such issue, the Subrecipient may appeal the disputed issue to the Department no later than thirty (30) calendar days from the date of the Department’s issuance of the disputed decision. All appeals must be carried out in accordance with the Department’s Monitoring Plan, Exhibit 16, “Appeal Process”. The Monitoring Plan is posted on HCD’s website here: Disaster Grant Administration & Reporting | California Department of Housing and Community Development
6. Severability
A. If any provision of this Agreement, or an underlying obligation, is held invalid by a court of competent jurisdiction, such invalidity may not affect any other provisions of this Agreement and the remainder of this Agreement shall remain in full force and effect. Therefore, the provisions of this Agreement are, and shall be, deemed severable.
B. The Subrecipient shall notify the Department immediately of any claim or action undertaken by or against it which affects or may affect this Agreement or the Department and shall take such action with respect to the claim or action as is consistent with the terms of this Agreement and the interests of the Department.
7. Waivers
No waiver or any breach of this Agreement shall be held to be a waiver of any prior or subsequent breach. The failure of the Department to enforce, at any time, the provisions of this Agreement or to require, at any time, performance by the Subrecipient of these 55 Packet Pg. 141 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner Subrecipient’s Name
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provisions shall in no way be construed to be a waiver of such provisions nor to affect the validity of this Agreement or the right of the Department to enforce these provisions.
All waivers by the Department must be in writing to be valid.
8. Uniform Administrative Requirements
The Subrecipient, its agencies or instrumentalities, shall comply with the policies, guidelines, and Administrative Requirements of 2 CFR Part 200, et seq., as applicable, as they relate to the cost principles, audit requirements, acceptance, and use of federal funds under this part.
A. Single Audit Compliance: Funds will not be disbursed to any Subrecipient identified by the State Controller's Office (SCO) as non-compliant with the Federal Single Audit Act, as described in the Uniform Administrative Requirements, Cost Principles, And Audit Requirements for Federal Awards at 2 CFR 200 Sub-Part F. No funds may be disbursed until compliance with the Uniform Guidance is demonstrated to the satisfaction of the Department.
B. Accounting Standards: The Subrecipient agrees to comply with, and administer the activity in conformance with, 2 CFR Part 200.300, et seq., and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred.
C. Suspension and Debarment: By executing this Agreement, Subrecipient verifies and affirms that it has not been suspended or debarred from participating in or receiving federal government contracts, subcontracts, loans, grants, or other assistance programs. Subrecipient further agrees to verify that its Contractors have not been suspended or debarred from participating or receiving federal government contracts, subcontracts, loans, grants, or other assistance programs.
9. Compliance with State and Federal Laws and Regulations A. The Subrecipient, its agencies or instrumentalities and contractors shall comply with all local, state, and federal laws, statutes, and regulations, as well as policies and procedures established by the Department for the administration of -DRWorkforce, as the same may be amended from time to time.
B. The Subrecipient shall comply with the requirements of 24 CFR 570, the HUD regulations concerning Community Development Block Grants, 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, Final Guidance, adopted by HUD at 2 CFR 2400, and all federal regulations, rules, and policies issued pursuant to these regulations. The 56 Packet Pg. 142 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner Subrecipient’s Name
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Subrecipient further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available.
10. Authority to Impose Additional Special Conditions
In accordance with 2 CFR 200.208, Department reserves the right and authority to impose additional specific conditions issued under this Standard Agreement under any of the following circumstances:
A. When, in the Department’s sole discretion, the Department finds that Subrecipient has a history of failure to comply with the general or specific terms and conditions applicable to the DR-Workforce funds allocated under this agreement or to other awards of federally funded grant or loan assistance passed through the Department.
B. When Subrecipient fails to meet expected performance goals under this agreement.
C. When Subrecipient poses an increased risk for noncompliance based on factors including, but not limited to, financial stability, quality of management systems, history of performance under Federal awards, history of timeliness under Federal awards, history of conformance with terms and conditions of previous federal awards, and reports and findings from audits.
D. When, in the Department’s sole discretion, such conditions are necessary to ensure timely and compliant performance under the federal award.
Such specific conditions, or special conditions, may include, withholding of authority to proceed to the next phase of an Approved Activity until receipt of evidence of acceptable performance within a given period of performance, requiring additional detailed financial reports, requiring additional Activity monitoring, requiring the Subrecipient to obtain technical or management assistance, establishing additional prior approvals, or any other condition the Department deems reasonable and necessary to safeguard Federal funds.
11. Equal Opportunity Requirements and Responsibilities The obligations undertaken by Subrecipient include, but are not limited to, the obligation to comply with all federal laws and regulations described in Subpart K of 24 CFR Part 570 and specifically with each of the following, among other things, as the same may be amended from time to time:
A. Title VI of the Civil Rights Act of 1964: This act provides that no person shall be 57 Packet Pg. 143 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner Subrecipient’s Name
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excluded from participation, denied program benefits, or subject to discrimination based on race, color, and/or national origin under any program or activity receiving federal financial assistance.
B. Title VII of the Civil Rights Act of 1968 (The Fair Housing Act): This act prohibits discrimination in housing on the basis of race, color, religion, sex and/or national origin. This law also requires actions which affirmatively promote fair housing.
C. Restoration Act of 1987: This act restores the broad scope of coverage and clarifies the application of the Civil Rights Act of 1964. It also specifies that an institution which receives federal financial assistance is prohibited from discriminating on the basis of race, color, national origin, religion, sex, disability or age in a program or activity which does not directly benefit from such assistance.
D. Section 109 of Title 1 of the Housing and Community Development Act of 1974 [42 U.S.C. 5309]: This Section of Title 1 provides that no person shall be excluded from participation (including employment), denied program benefits, or subject to discrimination on the basis of race, color, national origin, or sex under any program or activity funded in whole or in part under Title 1 of the Act.
E. The Fair Housing Amendment Act of 1988: This act amended the original Fair Housing Act to provide for the protection of families with children and people with disabilities, strengthen punishment for acts of housing discrimination, expand the Justice Department jurisdiction to bring suit on behalf of victims in federal district courts, and create an exemption to the provisions barring discrimination on the basis of familial status for those housing developments that qualify as housing for persons age 55 or older.
F. The Age Discrimination Act of 1975: This act provides that no person shall be excluded from participation, denied program benefits, or subject to discrimination on the basis of age under any program or activity receiving federal funding assistance. Effective January 1987, the age cap of 70 was deleted from the laws.
Federal law preempts any State law currently in effect on the same topic.
G. Section 504 of the Rehabilitation Act of 1973: It is unlawful to discriminate based on disability in federally assisted programs. This Section provides that no otherwise qualified individual shall, solely by reason of his or her disability, be excluded from participation (including employment), denied program benefits, or subjected to discrimination under any program or activity receiving federal funding assistance.
H. The Americans with Disabilities Act of 1990 (ADA): This act modifies and expands the Rehabilitation Act of 1973 to prohibit discrimination against "a 58 Packet Pg. 144 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner Subrecipient’s Name
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qualified individual with a disability" in employment and public accommodations.
The ADA requires that an individual with a physical or mental impairment who is otherwise qualified to perform the essential functions of a job, with or without reasonable accommodation, be afforded equal employment opportunity in all phases of employment.
I. Executive Order 11063: This executive order provides that no person shall be discriminated against on the basis of race, color, religion, sex, or national origin in housing and related facilities provided with federal assistance and lending practices with respect to residential property when such practices are connected with loans insured or guaranteed by the federal government.
J. Executive Order 12259: This executive order provides that the administration of all federal programs and activities relating to housing and urban development be carried out in a manner to further housing opportunities throughout the United States.
K. The Equal Employment Opportunity Act: This act empowers the Equal Employment Opportunity Commission (EEOC) to bring civil action in federal court against private sector employers after the EEOC has investigated the charge, found "probable cause" of discrimination, and failed to obtain a conciliation agreement acceptable to the EEOC. It also brings federal, state, and local governments under the Civil Rights Act of 1964.
L. The Uniform Guidelines on Employee Selection Procedures adopted by the Equal Employment Opportunity Commission in 1978: This manual applies to employee selection procedures in the areas of hiring, retention, promotion, transfer, demotion, dismissal, and referral. It is designed to assist employers, labor organizations, employment agencies, licensing, and certification boards in complying with the requirements of federal laws prohibiting discriminatory employment.
M. The Vietnam Era Veterans' Readjustment Act of 1974 (revised Jobs for Veterans Act of 2002): This act was passed to ensure equal employment opportunity for qualified disabled veterans and veterans of the Vietnam War. Affirmative action is required in the hiring and promotion of veterans.
N. Executive Order 11246: This executive order applies to all federally assisted construction contracts and subcontracts. It provides that no person shall be discriminated against on the basis of race.
12. Relocation, Displacement, and Acquisition
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and Real Property Acquisition Policies Act of 1970, as amended, and regulations adopted to implement the Act in 24 CFR Part 42, 49 CFR Part 24, and Section 104(d)of the Housing and Community Development Act of 1974 as they apply to the performance of this Agreement.
13. Economic Opportunities for Low- and Very Low-Income Persons (Section 3) A. The Subrecipient and the Subrecipient’s contractors and Developers shall comply with Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u), and implementing regulation at 24 CFR, Part 75. The responsibilities outlined in 24 CFR Part 75.19 include:
o Employment and Training: Implementing procedures designed to notify Section 3 workers about training and employment opportunities generated by Section 3 covered assistance and Section 3 business concerns about contracting opportunities generated by Section 3 covered assistance. o Contracting: Notifying potential contractors for Section 3 covered projects of the requirements of Part 75, Subpart C and incorporating the Section 3 clause set forth below in all solicitations and contracts in excess of $100,000 as required at 24 CFR 75.27.
Section 3 Clause
The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted Activity covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing.
The parties to this contract agree to comply with HUD's regulations in 24 CFR. Part 75, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 75 regulations.
The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor 60 Packet Pg. 146 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner Subrecipient’s Name
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organization or workers' representative of the contractor's commitments under this Section 3 clause and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.
The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 75 and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 75. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 75.
The contractor acknowledges that subrecipients, contractors, and subcontractors are required to meet the employment, training, and contraction requirements of 24 CFR 75.19, regardless of whether Section 3 language is included in recipient or subrecipient agreements, program regulatory agreements, or contracts.
The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 75 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR Part 75.
Noncompliance with HUD's regulations in 24 CFR Part 75 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.
The contractor agrees to submit, and shall require its subcontractors to submit to them, regular reports detailing the total number of labor hours worked on the Section 3 Project, the total number of labor hours worked by Section 3 Workers, and the total number of hours worked by Targeted Section 3 Workers, and any affirmative efforts made during the quarter to 61 Packet Pg. 147 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner Subrecipient’s Name
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direct hiring efforts to low- and very low-income persons, particularly persons who are Section 3 workers and Targeted Section 3 workers.
The contractor agrees to facilitate the training and employment of Section 3 workers and the award of contracts to Section 3 business concerns by undertaking activities such as described in Section 75.25(b) as appropriate, to reach the goals set forth in Section 75.23 and in Federal Register Vol. 85, No. 189, page 60909, until superseded by HUD in a subsequent publication. As of September 29, 2020, the minimum Section 3 benchmark is twenty-five (25) percent or more of the total number of labor hours worked by all workers on a Section 3 project are Section 3 workers; and five (5) percent or more of the total number of labor hours worked by all workers on a Section 3 project are Targeted Section 3 workers.
The contractor agrees to document actions taken to comply with the foregoing requirements, the results of those actions taken and impediments, if any.
14. Environmental Compliance
A. The Subrecipient shall comply with the California Environmental Quality Act (CEQA) requirements as they apply to this Activity.
B. The Subrecipient shall comply with the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 of the Clean Air Act and Section 308 of the Clean Water Act, and all regulations and guidelines issued thereunder.
C. The Subrecipient shall comply with the requirements of the Clean Air Act, 42 U.S.C. 1857, et seq., as amended.
D. The Subrecipient shall comply with Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Parts 15 and 50, as amended.
E. The Subrecipient shall comply with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001). The Subrecipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, that flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation).
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F. The Subrecipient shall comply with the requirements of the Residential LeadBased Paint Hazard Reduction Act of 1992 and Section 401(b) of the LeadBased Paint Poisoning Prevention Act of 1971. The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570.608, and 24 CFR Part 35, Subpart B. Such regulations pertain to all CDBG-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead-based paint is found on the property, abatement measures may be required.
G. The Subrecipient shall comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), the Archaeological and Historical Preservation Act of 1974 (Public Law 93- 291), and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. The Subrecipient shall also comply with Executive Order 11593 on the protection and enhancement of the cultural environment. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a federal, state, or local historic property list.
H. Subrecipient shall comply with all National Environmental Policy Act (NEPA) requirements as applicable to the performance of this Agreement as found in 24 CFR Part 50, 24 CFR Part 58, as applicable, and 40 CFR 1500 – 1508.
Subrecipient shall not receive authority to incur activity costs until they have successfully documented compliance with the applicable NEPA requirements, including public noticing and publishing.
The subrecipient understands and agrees that this Agreement does not constitute a commitment of funds or site approval, and the commitment of funds or approval may occur only upon satisfactory completion of environmental review and receipt by the Department of an approval of the request for release of funds and certification from HUD or the Department under 24 CFR Part 58. The provision of any funds to the Activity is expressly conditioned on the Department's determination to proceed with, modify or cancel the Activity based on the results of the environmental review.
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15. Procurement
The Subrecipient shall comply with the procurement provisions in 2 CFR Part 200.318 – 200.326, Procurement Standards as well as all other Administrative Requirements for Subrecipient and Cooperative Agreements to State, local and federally recognized Indian tribal governments as set forth in 2 CFR 200, et seq., as applicable. All procurements must be conducted in a fair, open, and competitive manner in compliance with both the spirit and the letter of applicable federal laws. See the Procurement and Contracts section of HCD’s website at Disaster Grant Administration & Reporting | California Department of Housing and Community Development
16. Procurement of Recovered Materials
In accordance with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, the contractor shall procure items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. The contractor shall procure items designated in the EPA guidelines that contain the highest percentage of recovered materials practicable unless the contractor determines that such items: (1) are not reasonably available in a reasonable period of time; (2) fail to meet reasonable performance standards, which shall be determined based on the guidelines of the National Institute of Standards and Technology, if applicable to the item; or (3) are only available at an unreasonable price.
Pursuant to 30 CFR 247.2, this clause shall apply to items purchased under this Agreement where: (1) the contractor purchases in excess of $10,000 of the item under this contract; or (2) during the preceding Federal fiscal year, the contractor: (i) purchased any amount of the items for use under a contract that was funded with Federal appropriations and was with a Federal agency or a State agency or agency of a political subdivision of a State; and (ii) purchased a total of in excess of $10,000 of the item both under and outside that contract.
17. Construction Standards
The Subrecipient shall ensure that all Approved Activities comply with the following requirements, as applicable:
The Architectural Barriers Act of 1968 (42 U.S.C. 4151-4157) The Architectural Barriers Act (ABA) stands as the first measure by Congress to ensure access to the built environment for people with disabilities. The law requires that buildings or facilities that were designed, built, or altered with federal dollars or leased by federal agencies after August 12, 1968, be accessible. 64 Packet Pg. 150 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner Subrecipient’s Name
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California Green Buildings Standards Code (CALGreen) (Title 24, Part 11 of the California Code of Regulations)
All new construction of residential buildings or reconstruction of substantially damaged buildings must incorporate California Green Buildings Standards Code (CALGreen).
Sustainability Requirements
All rehabilitation, reconstruction, and new construction must be designed to incorporate principles of sustainability, including water and energy efficiency, resilience, and mitigating the impact of future disasters. Wherever feasible, the Subrecipient, Subrecipient’s and contractors must follow best practices, such as those provided by the U.S. Department of Energy.
National Floodplain Elevation Standards
Subrecipients and contractors must comply with the national floodplain elevation standards for new construction, repair of substantially damaged structures, or substantial improvements to residential structures in flood hazard areas. All structures designed for residential use within a 100-year (or one percent annual chance) floodplain will be elevated with the lowest floor at least two feet above the base flood elevation level and comply with the requirements of 83 FR 5850 and 83 FR 5861.
Wildland-Urban Interface Building Codes (WUI Codes)
All Approved Activities that are located in a CAL FIRE high fire zone must comply with applicable WUI codes, found in Title 24, Chapter 7a of the California Building Code, which offer specific material, design, and construction standards to maximize ignitionresistance.
18. Federal Labor Standards Provisions
The Subrecipient shall always comply, and cause all Activity contractors to comply, with applicable federal labor standards, including without limitation, the following:
A. Davis-Bacon Act (40 U.S.C. §§ 3141-3148), which requires that workers receive no less than the prevailing wages being paid for similar work in their locality.
Prevailing wages are computed by the Federal Department of Labor and are issued in the form of federal wage decisions for each classification of work. The law applies to most construction, alteration, or repair contracts over $2,000.
B. "Anti-Kickback Act of 1986" (41 U.S.C. §§ 51-58), which prohibits attempted as well as completed "kickbacks," which include any money, fees, commission, 65 Packet Pg. 151 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner Subrecipient’s Name
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credit, gift, gratuity, thing of value, or compensation of any kind. The act also provides that the inclusion of kickback amounts in contract prices is prohibited conduct in itself. This act requires that the purpose of the kickback was for improperly obtaining or rewarding favorable treatment. It is intended to embrace the full range of government contracting.
C. Contract Work Hours and Safety Standards Act - CWHSSA (40 U.S.C. § 3702), which requires that workers receive "overtime" compensation at a rate of one and one-half (1-1/2) times their regular hourly wage after they have worked forty (40) hours in one week.
D. Title 29, Code of Federal Regulations CFR, Subtitle A, Parts 1, 3 and 5, which are the regulations and procedures issued by the Secretary of Labor for the administration and enforcement of the Davis-Bacon Act, as amended.
The Subrecipient shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the Department for review upon request. Subrecipient shall be responsible for monitoring Developer, contractors, and subcontractors, as applicable, for compliance with these provisions.
19. State Prevailing Wages
A. The Subrecipient shall ensure that the requirements of California Labor Code (LC), Chapter 1, commencing with Section 1720, Part 7 [LC Section 1720-1743] pertaining to the payment of prevailing wages and administered by the California Department of Industrial Relations are met.
B. For the purposes of this requirement "construction work" includes, but is not limited to rehabilitation, alteration, demolition, installation, or repair done under contract and paid for, in whole or in part, through this Agreement. All construction work shall be done through the use of a written contract with a properly licensed building contractor incorporating these requirements (the "Construction Contract"). Where the Construction Contract will be between the Subrecipient and a licensed building contractor, the Subrecipient shall serve as the "awarding body" as that term is defined in the LC. Where the Subrecipient will provide funds to a third party that will enter into the Construction Contract with a licensed building contractor, the third party shall serve as the "awarding body." Prior to any disbursement of funds, including but not limited to release of any final retention payment, the Department may require a certification from the awarding body that prevailing wages have been or will be paid.
C. The applicable wage rate determination on construction work will be the more restrictive of the rate prescribed in LC Section 1770-1784 or the Davis-Bacon Wage Determination.
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20. Agreements with Contractors
A. The Subrecipient shall not enter into any agreement, written or oral, with any contractor or other party without the prior determination that the contractor or other party is eligible to receive federal funds and is not listed on the Federal Consolidated List of Debarred, Suspended, and Ineligible contractors.
The terms “other party” is defined as public or private nonprofit agencies or organizations and certain (limited) private for-profit entities who receive grant funds from a Subrecipient to undertake Approved Activities.
B. An agreement between the Subrecipient and any contractor or other party shall require:
1) Compliance with all State and federal requirements described in this Agreement including without limitation those that pertain to labor standards, nondiscrimination, Americans with Disabilities Act, Equal Employment Opportunity and Drug Free Workplace, and prevailing wages.
In addition to these requirements, all contractors and subcontractors shall comply with the applicable provisions of the California Labor Code. 2) Maintenance of at least the minimum State required Workers' Compensation Insurance for those employees who will perform the Approved Activities.
3) Maintenance, as required by law, of unemployment insurance, disability insurance and liability insurance, which is reasonable to compensate any person, firm, or corporation, who may be injured or damaged by the contractor, or any subcontractor in performing the Approved Activities. 4) Compliance with the applicable Equal Opportunity Requirements described in Section 10 of this Exhibit.
C. Contractors shall:
1) Perform the Approved Activities in accordance with federal, state, and local regulations, as are applicable.
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and specifying the actions that will be taken against employees who violate the policy.
2) Establish a drug-free awareness program to make employees aware of a) the dangers of drug abuse in the workplace; b) the policy of maintaining a drug-free workplace; c) any available drug counseling, rehabilitation, and employee assistance programs; and d) the penalties that may be imposed upon employees for drug abuse violations.
3) Notify employees that as a condition of employment on a federal contract or grant, the employee must a) abide by the terms of the policy statement; and b) notify the employer, within 5 calendar days, if he or she is convicted of a criminal drug violation in the workplace.
4) Notify the contracting or granting agency within 10 days after receiving notice that a covered employee has been convicted of a criminal drug violation in the workplace.
5) Impose a penalty on or require satisfactory participation in a drug abuse assistance or rehabilitation program by any employee who is convicted of a reportable workplace drug conviction.
6) Make an ongoing, good faith effort to maintain a drug-free workplace by meeting the requirements of the act.
21. Rights to Inventions Made Under a Contract or Agreement If a Federal award meets the definition of “funding agreement” under 37 CFR 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of recipient or subrecipient must comply with requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,“ and any implementing regulation issued by the awarding agency.
22. Special Conditions Pertaining to Hazards, Safety Standards and Accident Prevention A. Use of Explosives: When the use of explosives is necessary for the prosecution of the work, the contractor shall observe all local, state, and federal laws in purchasing and handling explosives. The contractor shall take all necessary precaution to protect completed work, neighboring property, water lines, or other underground structures. Where there is danger to structures or property from blasting, the charges shall be reduced, and the material shall be covered with suitable timber, steel, or rope mats.
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explosives at least 8 hours before blasting is done close to such property. Any supervision or direction of use of explosives by the engineer does not in any way reduce the responsibility of the contractor or his Surety for damages that may be caused by such use.
B. Danger Signals and Safety Devices: The contractor shall make all necessary precautions to guard against damages to property and injury to persons. The contractor shall put up and maintain in good condition, sufficient red or warning lights at night, suitable barricades, and other devices necessary to protect the public.
C. Protection of Lives and Health: The contractor shall exercise proper precaution at all times for the protection of persons and property and shall be responsible for all damages to persons or property, either on or off the worksite, which occur as a result of prosecution of the work. The safety provisions of applicable laws and building and construction codes, in addition to specific safety and health regulations described by Chapter XIII, Bureau of Labor Standards, Department of Labor, Part 1518, Safety and Health Regulations for Construction, as outlined in the Federal Register, Volume 36, No. 75, Saturday, April 17, 1971, Title 29 - LABOR, shall be observed and the contractor shall take or cause to be taken, such additional safety and health measures as the Developer may determine to be reasonably necessary.
23. Prohibition Against Payments of Bonus or Commission The assistance provided under this Agreement shall not be used in the payment of any bonus or commission for the purpose of:
A. Obtaining the Department's approval of the Application for such assistance; or, B. Any other approval or concurrence of the Department required under this Agreement, Title I of the Housing and Community Development Act of 1974, or the State regulations with respect thereto; provided, however, that reasonable fees for bona fide technical, consultant, managerial or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as program costs.
24. Reporting Requirements
A. Subrecipient must timely submit the reports prescribed below. The Department reserves the right to request additional detail and support for any report made.
Reports must be made according to the dates identified, in the formats provided by the Department, and via the Department’s online Grants Network portal unless otherwise specified at the discretion of the Department. The Subrecipient’s performance under this Agreement will be assessed based in part on whether it has submitted the reports on a timely basis. 69 Packet Pg. 155 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner Subrecipient’s Name
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1) Monthly Activity Report: Subrecipient must submit a Monthly Activity Report which shall contain the following: (1) a description of the current status of the Work; (2) a description of activities to be undertaken in the next reporting period, if the Department requests this; (3) a description of problems or delays encountered in Work and course of action taken to address them, if applicable; (4) performance metrics as requested by the Department and dependent on the type of Activity and (5) a summary of the Work’s fiscal status, including award amount, funds drawn, and remaining balance. (6) A summary of all Section 3 training opportunities or jobs provided, as applicable for covered projects.
Unless otherwise waived in writing by the Department, Monthly Activity Reports must begin on the 10th calendar day of the month following one full month of time of performance following execution of this Agreement and must continue through the receipt and approval by the Department of the Activity Completion Report, detailed below.
2) Semi-Annual Labor Standards Report: During the term of construction for each Approved Activity, each April 1st and October 1st, the Subrecipient must submit the Labor Standards Cover Memo, the HUD Form 4710 and the Davis Bacon Labor Standards Report 5.7 (if applicable). These forms are located on the Department’s website and are also available upon request.
3) Activity Completion Report: At the completion of the CDBG-DR funded portion of a Program, the Subrecipient must submit an Activity Completion Report as set forth in Exhibit B. The performance metrics are identified in Exhibit F.
4) For Financial Reports, see Exhibit B.
25. Fiscal Controls
The Subrecipient shall be responsible for the internal control and monitoring of fiscal and programmatic/operational goals and procedures. The Subrecipient shall establish and maintain such fiscal controls and fund accounting procedures as required by Federal regulations, or as may be deemed necessary by the Department to ensure the proper disbursement of, and accounting for, funds paid to the Subrecipient under this Agreement.
A. Deposit of Funds: Subrecipient shall maintain separate accounts within established bookkeeping systems for the deposit of CDBG-DR funds and Program Income. Deposits in minority banks are encouraged. 70 Packet Pg. 156 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner Subrecipient’s Name
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B. Fiscal Liability: Subrecipients shall be liable for all amounts which are determined to be due by the Department, including but not limited to, disallowed or ineligible costs which are the result of Subrecipient’s or its contractor’s conduct under this Agreement. Subrecipients shall also be liable for the repayment of all amounts it has received under this Agreement and which HUD is seeking reimbursement for from the Department. Subrecipient’s obligation to repay the foregoing amounts to the Department shall survive indefinitely the expiration or earlier termination of this Agreement. Subrecipient shall be notified in writing and shall be permitted to respond regarding any controversy or proceeding between the Department and HUD arising from this Agreement.
C. Fiscal Records: All financial transactions must be supported by complete and verifiable source documents. Records shall provide a clear audit trail and shall be maintained as specified in Section 7 herein.
26. Monitoring Requirements
The Department monitors its Subrecipients based upon an assessment of risk posed by the Subrecipient and according to specific monitoring criteria per 2 CFR 200.332.
During the term of this Agreement, the Department shall perform program and/or fiscal monitoring of the Subrecipient and Approved Activities to ensure compliance with federal and state requirements and timely Approved Activity completion. The Subrecipient shall be required to resolve any monitoring findings to the Department's satisfaction by the deadlines set by the Department. In the event Subrecipient disagrees with a finding and/or any accompanying corrective actions or sanction(s) that are associated with such finding, Subrecipient shall follow an appeals process provided by the Department.
27. Audit/Retention and Inspection of Records
A. The Subrecipient must have intact, auditable fiscal and program records at all times. If the Subrecipient is found to have missing audit reports from the California State Controller's Office (SCO) during the term of this Agreement, the Subrecipient will be required to submit a plan to the State for submitting the audit to the SCO. If the deadlines are not met, the Department may initiate remedies for noncompliance in accordance with Section 4 herein. The Subrecipient's audit completion plan is subject to prior review and approval by the Department.
B. The Subrecipient agrees that the Department or its designee will have the right to review, obtain, and copy all records pertaining to performance of this Agreement.
The Subrecipient agrees to provide the Department or its designee with any relevant information requested and shall permit the Department or its designee access to its premises, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, 71 Packet Pg. 157 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner Subrecipient’s Name
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accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with California Public Contract Code (PCC) Section 10115 et seq., Government Code (GC) Section 8546.7 and 2 CCR 1896.60, et seq., and other requirements of this Agreement. The Subrecipient further agrees to maintain such records for a minimum period of five (5) years after the Department notifies Subrecipient that the HUD/the Department contract has been closed according to the record retention requirements at 2 CFR 200.334. The Subrecipient shall comply with the caveats and be aware of the penalties for violations of fraud and for obstruction of investigation as set forth in Public Contract Code Section 10115.10.
C. An expenditure which is not authorized by this Agreement, or which cannot be adequately documented shall be disallowed and must be reimbursed to the Department or its designee by the Subrecipient.
D. Absent fraud or material error on the part of the Department, the determination by the Department of the allowability or validity of any expenditure shall be final and conclusive.
E. For the purposes of annual audits, Subrecipient shall comply with 2 CFR Part 200 Subpart F. Pursuant to 2 CFR Part 200 Subpart F, the Subrecipient shall perform an annual audit at the close of each fiscal year in which this Agreement is in effect. The costs of the DR-Workforce related portion of the audit may be charged to the program in accordance with Public Law 98-502, 2 CFR Part 200 Subpart F, and Title 25 CCR Section 7122.
1) The audit shall be performed by a qualified State, department, local or independent auditor. The agreement/contract for audit shall include a clause which permits access by the Department to the independent auditor's working papers.
2) If there are audit findings, the Subrecipient must submit a detailed response to the Department for each audit finding. The Department will review the response and, if it agrees with the response, the audit process ends, and the Department will notify the Subrecipient in writing. If the Department is not in agreement, the Subrecipient will be contacted in writing and informed what corrective actions must be taken. This action may include the repayment of disallowed costs or other remediation. 3) The Department shall not approve reimbursement for any expenditures for the audit, prior to receiving an acceptable audit report. 4) If so, directed by the Department upon termination of this Agreement, the Subrecipient shall cause all records, accounts, documentation, and all other materials relevant to the grant activity(ies) to be delivered to the 72 Packet Pg. 158 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner Subrecipient’s Name
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Department as depository.
F. Notwithstanding the foregoing, the Department will not reimburse the Subrecipient for any audit cost incurred after the expenditure deadline of this Agreement.
28. Signs
If the Subrecipient places signs stating that the Approved Activity is funded with private or public dollars and the Department is also providing financing, it shall indicate in a typeface and size commensurate with the Department's funding portion of the Approved Activity that the Department is a source of financing through the DR-Workforce Program.
29. Insurance and Bonding
A. The Grantee shall have and maintain in full force and effect prior to the start of work, and at all times during the term of this Agreement such forms of insurance, at such levels as may be determined by the Grantee and the Department to be necessary for specific components of the grant activity(ies) described in Exhibit E and pursuant to 2 CFR 200 sections on bonding and insurance requirements. Prior to the commencement of any work, Grantee shall provide to the Department acceptable proof(s) of insurance confirming the required insurance coverages are in effect and naming the Department as an additional insured, where applicable. No insurance policy may be cancellable on less than thirty (30) calendar days prior notice to the insured and the Department. Grantees are responsible for requiring sufficient insurance, including but not limited to liability and workers compensation insurance, from all contractors and subrecipients. Grantees are recommended to be listed as an additional insured on policies held by contractors or subrecipients for the implementation of this award. Where a Grantee insurance policy is required to be purchased specifically for the execution or implementation of the activity funded through this award, the Department must be listed as an additional insured on the declarations page of the policy.
B. Additional Coverages
Contractors,, will be engaging in any Hazardous Activity as part of the Collective Work contemplated by this Agreement, then the party(ies) engaging in any Hazard Activity(ies) shall provide to the Department, prior to commencement of any such activity(ies), such insurance coverages in such forms and in such amounts as the Department may requ
other insurance coverages required by this Agreement and shall be imposed on any For purposes of the provision, the term "Hazardous Activity" includes the following:
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(a) the removal, storage, and/or transportation of any "hazardous material", as such term is defined under federal, state, or local law, ordinance, regulation, or guideline, (b) the removal, storage, or transportation of lead-based paint, (c) blasting, (d) any activity which by its nature is abnormally dangerous, and (d) any "ultrahazardous required coverages, the party(ies) engaging in the Hazardous Activity(ies) shall procure, at its expense prior to the commencement of any work, all required permits, licenses, consents, and approvals that are required for the lawful conduct of such activities and shall provide a
Hazardous Activity work may be commenced, or contracted for, prior to the provision of the required insurance coverages and licensure proof to the Department.
30. Indemnification
Subrecipient, at its sole cost and expense, shall indemnify, defend, and hold the Department and its employees, representatives, attorneys, agents, and their respective successors, heirs, and assigns harmless from and against any and all claims, demands, actions, costs, losses, damages, and liabilities, whether direct or indirect, and regardless of their nature or source, which in any way relate to or arise from the actions or inactions of Subrecipient and/or its contractors, subcontractors, employees, owners, agents, and representatives in connection with this Agreement and any agreement or instruments executed in connection herewith. The obligations of Subrecipient under this Section shall survive indefinitely the closeout of Approved Program and the expiration or earlier termination of this Agreement.
31. Anti-Lobbying Certification
The Subrecipient shall require that the language of this certification be included in all contracts or subcontracts entered into in connection with the Approved Activity(ies) and 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 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and no more than $100,000 for such failure.
A. No federal appropriated funds have been paid or will be paid, by or on behalf of it, 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 the awarding of any federal contract, the cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
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B. 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, it will complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
32. Conflict of Interest
Pursuant to 24 CFR 570.489(h), no member, officer, or employee of the Subrecipient, or its designees or agents, no member of the governing body of the locality in which the Program is situated, and no other public official of such locality or localities who exercise or have exercised any functions or responsibilities with respect to DRWorkforce activities assisted under this part, or who are in a position to participate in a decision making process or gain inside information with regard to such activities, including members and delegates to the Congress of the United States, may obtain a financial interest or benefit from a DR-Workforce assisted activity, or have a financial interest in any contract, subcontract or agreement with respect to a DR-Workforce assisted activity or its proceeds, either for themselves or those with whom they have business or immediate family ties, during their tenure, or for 1 year thereafter. The Subrecipient shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this section.
33. Obligations of Subrecipient with Respect to Certain Third-Party Relationships The Subrecipient shall remain fully obligated under the provisions of this Agreement notwithstanding its designation of any third party or parties for the undertaking of all or any part of the Work with respect to which assistance is being provided under this Agreement to the Subrecipient. The Subrecipient shall comply with all lawful requirements of the Department necessary to ensure that the Work, with respect to which assistance is being provided under this Agreement to the Subrecipient, is carried out in accordance with the Department's Assurance and Certifications, including those with respect to the assumption of environmental responsibilities of the Department under Section 104(g) of the Housing and Community Development Act of 1974 [42 U.S.C. § 5304(g)].
34. Energy Policy and Conservation Act
This Agreement is subject to mandatory standards and policies relating to energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the federal Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871).
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35. State Contract Manual Requirements (Section 3.11, Federally Funded Contracts (Rev. 3/03):
A. All contracts, except for State construction projects that are funded in whole or in part by the Federal government, must contain a 30-day cancellation clause and the following provisions:
1). It is mutually understood between the parties that this contract may have been written for the mutual benefit of both parties before ascertaining the availability of congressional appropriation of funds to avoid program and fiscal delays that would occur if the contract were executed after that determination was made.
2). This contract is valid and enforceable only if sufficient funds are made available to the State by the United States Government for the purpose of this Program. In addition, this contract is subject to any additional restrictions, limitations, or conditions enacted by the Congress or to any statute enacted by the Congress that may affect the provisions, terms, or funding of this contract in any manner.
3). The parties mutually agree that if the Congress does not appropriate sufficient funds for the Program, this contract shall be amended to reflect any reduction in funds.
4). The Department has the option to invalidate the contract under the 30-day cancellation clause or to amend the contract to reflect any reduction in funds.
B. Exemptions from provisions A.1 through A.4 above may be granted by the Department of Finance provided that the director of the State agency can certify in writing that Federal funds are available for the term of the contract.
C. Gov. Code § 8546.4(e) provides that State agencies receiving Federal funds shall be primarily responsible for arranging for Federally required financial and compliance audits, and shall immediately notify the Director of Finance, the State Auditor, and the State Controller when they are required to obtain Federally required financial and compliance audits.
36. Fraud, Waste, and Abuse
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A. False, Fictitious or Fraudulent Claims - Warning: Any person who knowingly makes a false claim or statement to HUD or the Department may be subject to civil or criminal penalties under 18 U.S.C. §287, 1001 and 31 U.S.C. §3729.
B. Detecting, Preventing, and Reporting Fraud - Fraud is a white-collar crime that has a devastating effect on the CDBG-DR program because the CDBG-DR program beneficiaries are victims of this crime when the CDBG-DR program is abused. The Department wants to stop any criminal assault on the CDBG-DR program it administers, and in doing so ensure all CDBG-DR funds go to people it was designed to help and improve their living conditions.
C. Combatting Fraud - The HUD Office of Inspector General (OIG) is committed to protecting HUD’s programs, operations, and beneficiaries from dishonest individuals and organizations. HUD cannot combat fraud alone; they rely on Department and DR Workforce Development NOFA Applicants to combat CDB-DR program fraud. HUD also relies on Applicants for and people receiving HUD benefits, such as: tenants receiving rental assistance, borrowers with HUD insured loans, or citizens having their communities restored using HUD grants. The HUD OIG Hotline number is 1- 800-347-3735. This is the primary means to submit allegations of fraud, waste, abuse, mismanagement, or Whistleblower related matters for the CDBG-DR program to the OIG.
HUD OIG accepts reports of fraud, waste, abuse, or mismanagement in the CDBGDR program from HUD employees, anyone administering the CDGB-DR program, anyone working in the CDBG-DR program, contractors, and the public.
You can report mismanagement or violations of law, rules, or regulations by HUD employees or program participants. Fraud, Waste and Abuse in the CDBG-DR program and its operation may be reported in one of the following four (4) ways:
1). By email to: [email protected]
2). By phone: Call toll free: 1-800-347-3735
3). By fax: 202-708-4829
4). By mail: - Department of Housing & Urban Development Office of Inspector General Hotline Manager
400 Virginia Avenue, SW, Suite 120
Washington, DC 20024
37. Whistleblower Protections
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A. Federal Whistleblower Protection Act (5 U.S.C Section 2302(b)(8)) The Federal Whistleblower Protection Act (WPA) protects employees from retaliation for making protected disclosures. The WPA also provides penalties for supervisors who retaliate against Whistleblowers.
1) A disclosure is protected under the WPA if the employee discloses information the employee reasonably believes to be evidence of:
a. a violation of any law, rule, or regulation,
b. gross mismanagement,
c. a gross waste of funds,
d. an abuse of authority, or
e. a substantial and specific danger to public health or safety. 2) In general, an employee or applicant may make a protected disclosure to anyone, including non-governmental audiences, unless the information is classified or specifically prohibited by law from release. Options for making a protected disclosure include:
a. Informing a supervisor or someone higher up in management, b. Submitting a complaint to the OIG by emailing the OIG at [email protected], c. Filing a complaint with the Office of Special Counsel (OSC) http://www.osc.gov/
B. The California Whistleblower Protection Act (Title 2, Division 1, Chapter 6.5, Article
3.5, Gov. Code §§ 8548-8548.5)
1). The California Whistleblower Protection Act authorizes the California State Auditor to receive complaints from state employees and members of the public who wish to report an improper governmental activity. An "improper governmental activity" is any action by a state agency or any action by a state employee directly related to state government that:
a. Violates any state or federal law or regulation,
b. Violates an Executive Order of the Governor, a California Rule of Court, or any policy or procedure required by the State Administrative Manual or State Contracting Manual, or
c. Is economically wasteful or involves gross misconduct, incompetency, or inefficiency. Complaints received by the State Auditor are confidential, and the identity of the complainant may not be revealed without the complainant's permission, aside from to an appropriate law enforcement agency conducting a criminal investigation.
2). There are many ways to file a complaint:
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a. By Telephone
You may call the Whistleblower Hotline at (800) 952-5665 to file a complaint by talking to one of the State Auditor's employees. The hotline generally is staffed Monday through Friday from 8:00 a.m. to 5:00 p.m. If you call when the hotline is not being staffed, or staff is occupied with other calls, you may leave a voicemail message requesting a return call.
b. By Mail or Facsimile
You may file a complaint in the form of a letter to the State Auditor addressed as follows:
Investigations
California State Auditor
P.O. Box 1019
Sacramento, CA 95812
Or you may fax the letter to the State Auditor at (916) 322-2603.
As an alternative, you may complete the electronic version of the complaint form (which is available on the State Auditor website at auditor.ca.gov), print it out, and return it by mail or facsimile as stated above.
c. Online
Although the State Auditor does not accept complaints by e-mail, you may file a complaint online at https://www.auditor.ca.gov/contactus/complaint The State Auditor will not undertake an investigation unless there is a basis for believing that your complaint has sufficient merit to warrant spending resources on an investigation. Your complaint should therefore include:
i. A clear and concise statement of what you are alleging to be improper activity and why you believe it is improper.
ii. The name or other information that clearly identifies the person you are alleging has acted improperly and the department where that person works.
iii. The names and contact information for any witnesses who can confirm the truth of what you are saying.
iv. Copies of any documents that will support what you are saying. (You should not submit original documents, as they cannot be returned.) 79 Packet Pg. 165 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner Subrecipient’s Name
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38. Authority to Post Remediated Versions of Agreement
Subrecipient hereby understands and acknowledges that the Department is obligated under federal law to post on the Department’s website copies of all CDBG-DR executed contracts.
As posted, such contracts must be compliant with federal and state law accessibility laws, including the California Government Code Section 11546.7 (2017 Assembly Bill 434) and the federal Americans with Disability Act, Section 508. The state law is most stringent of the two, so all posted documents must meet Web Content Accessibility Guidelines 2.0 (WCAG 2.0) accessibility level.
To comply, the Department must utilize document remediation tools that provide the compliant formatting. All remediation will only change formatting, color schemes, and update any tables so that screen readers can properly read out the content of the table. Thus, during remediation, the appearance of this Agreement may change, but under no circumstances shall any terms or tenets of the Agreement be changed in anyway.
Additionally, the Department shall offer website visitors the option to receive a scanned, unremediated copy of this Agreement via email, which option Subrecipient also consents to.
The foregoing Subrecipient authorizations apply to both this original Standard Agreement as well as any and all subsequent amendments thereto.
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SECTION I: PROGRAM OVERVIEW
Enter a brief yet descriptive Project Title for your DR-Workforce Program application. Please use the following format: ORGANIZATION-PROJECT. (Ex. Lake County-Workforce Development Training)
1. Workforce Program Project Title
City of Redding - Shasta County Workforce Recovery Training Program (WRTP) Eligible Applicant Name
City of Redding
DR-Workforce Eligible Applicants include: Jurisdictions, nonprofits, postsecondary educational institutions, or local workforce development boards. Applicants that are nonprofit organizations must provide documentation of 501 (c)(3) status and a copy of their bylaws.
2. Indicate which type of Eligible Applicant you qualify as:
Jurisdiction
Enter address of the training facility. If training is mobile, use the main address of the training program operator. Workforce training programs must provide a direct benefit of eligible Public Service activities within one of the Eligible Disaster Impacted Area (EDIA) regions as they are defined in the NOFA (Butte, Lake, Los Angeles, Shasta, or Ventura).
3. Facility Address: Street Number and Street Name
1255 Industrial St
City
Redding
Exhibit G - Application
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96002
County
Shasta
Workforce training programs must provide a direct benefit of eligible Public Service activities within one of the Eligible Disaster Impacted Area (EDIA) regions as they are defined in the NOFA (Butte, Lake, Los Angeles, Shasta, or Ventura).
4. Select the Eligible Disaster Impacted Area (EDIA) the Workforce Training Program will benefit.
Shasta
Once the EDIA benefiting region has been determined, upload a map showing the training service location(s) within the EDIA region to be served. Please clearly identify on the map the EDIA region the project is located within and the training service location(s) within the EDIA to where the training will be accessed by the beneficiaries.
5. Upload a project service location map in relation to the EDIA.
City of Redding_Shasta County Workforce Training Program_Project Map_2024-02-20.pdf At least 85% of your program participants must be income certified as a low- and moderateincome (LMI) family, which are family members earning less than 80% of Area Median Income (AMI). This means that 85%-100% of the trainees' family income cannot exceed 80% of the AMI based on family size. The annual HUD income limits for California https://www.hcd.ca.gov/grantsand-funding/income-limits/state-and-federal-income-rent-and-loan-value-limits (https://www.hcd.ca.gov/grants-and-funding/income-limits/state-and-federal-income-rent-andloan-value-limits) are on the Department of Housing and Community Development (HCD) website.
6. Indicate the number of LMI beneficiaries (training participants) projected to participate in the Workforce Training Program.
200
7. Indicate the number of total beneficiaries (training participants) projected to participate in the Workforce Training Program.
200
82 Packet Pg. 168 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner Applicants shall design each training program with the goal to attain an LMI trainee participation rate of 100%, however, applicant's actual results must not be less than 85%.
8. Projected goal percentage of LMI beneficiaries to participate in the Workforce Training Program:
1.00 Application must include an outreach and marketing plan indicating methods you plan to use to recruit potential LMI program participants. Target population must include 85% LMI population at minimum. See NOFA, Application Threshold - Outreach and Marketing for more details. 83 Packet Pg. 169 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner
9. Outline the organization's outreach and marketing plan to recruit the target population of LMI participants into the training program.
The City of Redding will designate California Heritage Youth Build Academy (CHYBA) to oversee the Outreach and Marketing Plan. CHYBA will recruit and coordinate an Outreach and Marketing Team (OMD that will consist of staff from CHYBA, Hill Country Health and Wellness, Shasta Builders' Exchange, the SMART Center (Workforce Development Board), and Shasta College, along with other local nonprofit organizations. The primary focus will be to target LMI individuals impacted by the Carr Fire who are eligible for the program. This will include adults in need of additional training and workforce support which will enable them to obtain jobs where our community sees a gap in the workforce.
The OMT will develop all outreach and marketing activities and report directly to CHYBA and City of Redding staff. The OMT's goal is to engage all impacted residents within Shasta County with a target of at least 85% of the population served to be identified as LMI.
Marketing efforts will begin immediately and will include door-to-door neighborhood canvassing, which will be strategically deployed within LMI neighborhoods whose residents could benefit from the workforce training being offered.
The OMT will market the program by collaborating with community partners in the nonprofit community to assist in outreach, referral, and intake efforts. Local non-profit organizations (NPOs) have already agreed to provide valuable liaison support to Shasta County's multi-cultural communities as they refer clients to the WRTP; 2) CHYBA and Hill Country Health and Wellness already have existing connections to cohorts at the Martin Luther King Center, the Local Indians for Education, and other vulnerable groups that represent the City's multi-cultural communities; 3) the Tree of Life International Charter School (TLC), a TK-8th grade 90/1 O Spanish/English Dual Immersion Charter with 300 students enrolled, with families that represent 60% Low Income and 52% Hispanic, who will be able to gain access to the WRTP.
The OMT will schedule and coordinate outreach events, deploy mobile teams of staff into the community to conduct outreach, provide flyers and collateral materials in support of information events and activities, as well as translate specified events into languages spoken in Shasta County.
The OMT will collaborate with NPOs to conduct intake, case management and translation referral services in support of CD BG-DR WRTP activities.
To further market to the target population, the OMT will undertake several specific tasks that includes: 1) provide translation and interpretation services at both the Workforce Recovery Training Center (WFTC) including a mobile team for individuals with Limited English Proficiency or who live rurally; 2) provide multilingual Intake Specialists at the WFTC and on mobile teams; and 3) provide information regarding additional support services not included or provided as part of the recruiting and orientation meetings at the WRTP.
As the WRTP will be broad-based throughout Shasta County, the OMT will collaborate with local organizations to share recruiting materials, answer questions, and support referrals of participants. This will enhance our marketing efforts. The local organizations include: United Way of Northern California, Redding Record Searchlight news, the Parent Magazine, local radio and tv stations, Redding City Council, and the Shasta County Board of Supervisors. 84 Packet Pg. 170 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner The OMT outreach will be conducted using three main strategies: 1) program presentations for nonprofit groups; 2) dissemination of program information using tip sheets in English, Spanish, and other languages as deemed necessary and event flyers, e.g. public libraries, food banks, utility bill inserts, etc.; 3) through mobile team events with staff available to assist residents by way of presentations and individual outreach and recruiting to schools, workforce program offices, nonprofit events, churches, and community gatherings; and 4) utilizing a media campaign.
The objective of a media campaign is to encourage vulnerable populations affected by the Carr Fire to access the WRTP and start the process for disaster recovery and workforce training assistance. The media campaign will use a data-driven approach to determine the media consumption habits of the target audience with the objectives of understanding how the target audience consumes media and identifying media where the disaster outreach messaging will reach the priority populations.
Specific marketing tasks include: providing notices within documents that language services are available; placing an "I Speak Card" in all WRTC facilities available for visitor use; translating outreach documents into required languages and distributing them broadly; providing language line assistance; working with community organizations and other stakeholders to inform LEP persons of available language assistance services; placing information about programs and services on non-English media outlets, such as community newspapers or radio stations; and, placing inserts and flyers with program information into school communication, utilities newsletters, etc.
The OMT media campaign modalities include: 1) A new Website will be created to share program information and Website Calendars will show where each mobile event requester may have their event posted on the City of Redding's Disaster Recovery Event online calendar; 2) Television where local television coverage by the major affiliates will provide unpaid media and coverage of specific events surrounding the program; 3) Radio where both paid and unpaid content will be broadcast during morning and evening drive timeslots, and during radio interviews with CHYBA; 4) Newspapers with targeted ad placement adjacent to relevant editorial content or prime positioning; and, 5) Social media postings and ads for more tech-savvy residents through Facebook, lnstagram, and X messaging.
Identify which of the 2018 declared disasters the program is related to. The disaster(s) related to the program can most often be determined by the Eligible Disaster Impacted Areas that the program will serve or benefit.
10. Indicate the Disaster this program is related to:
DR-4382 (August 2018 fires impacting Lake and Shasta counties) Applicant must demonstrate how the Workforce training program clearly ties-back to 2018 disasters, DR-4407 and/or DR-4382, by describing how the workforce training supports social and economic recovery of the Eligible Disaster Impacted Areas. The tie-back narrative should include details on how the training program will help improve economic stability, provide access to opportunities for LMI participants, and support long-term economic and social recovery for impacted communities.
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11. Provide a tie-back narrative demonstrating how the program will address economic impacts from the 2018 wildfire disaster(s).
Related Disaster:
The Carr Fire (DR-4382) began on July 23, 2018 and was active for 164 days and burned 229,651 acres, the majority of which were in Shasta County, California. The damage caused by this fire is estimated at approximately $1.659 billion dollars. Shasta County officials and citizens came together to recover and rebuild; however, it has been over five years since this natural disaster and significant unmet needs remain.
Workforce and Economic Impact:
The destruction and impact of the Carr Fire continues to pose significant challenges for residents of impacted communities within Shasta County, especially those of low-and moderate-income (LMI) in the most vulnerable communities. These grant funds will help Shasta County address the impact of this disaster. The impact includes the loss of educational and workforce training due to the disruption of the disaster, the loss of a trained and skilled labor force, the loss of students and available workers, school and business closures, and the emotional trauma to workers, employers, and small business owners, among other impacts.
Further impact and programs to address the impact:
There are five WRTP workforce areas identified for specific training described in detail within the Scope of Work section of this application. These areas are: 1) Construction Trades, 2) Emergency Responders, 3) Healthcare, 4) Clerical/Educational Personnel, and 5) Entrepreneur Support.
These workforce areas have a specific tie-back to the Carr Fire. The impact and the programs that will be provided by the WRTP to address the impact are outlined below. 1- Construction Trades
The Carr Fire had a significant impact on the housing supply, creating an increased demand for new construction and home repair activities, with additional impacts on commercial construction and repair activities. The increased demand for construction activities has created or increased the supply gap in many construction occupations. Unmet needs assessments for employment show a long-term supply gap for skilled workers in several construction trades, including construction laborers, carpenters, electricians, painters, plumbers, and roofers.
Furthermore, a significant number of people left Shasta County in the year following the Carr Fire, leaving a significant gap in the workforce at a time when more workers were needed to assist with recovery efforts. An indication of residents leaving the area is highlighted by the fact that as of April 2023, 211 single-family homes destroyed by the Carr Fire have been rebuilt in unincorporated areas of Shasta County and currently 43 building permits had been issued to rebuild. Since 1,614 structures were destroyed, it highlights that there are still a significant number of structures that have not been rebuilt, which could point to the number of residents who have left the area and do not plan to rebuild.
2- Emergency Responders: Culinary, Medical Responders, Fire Responders Emergency Responders
It is important to the community to have a sufficient number of trained emergency response and recovery workers. Obviously, this job category has a direct link to the Carr Fire. Emergency responders need to be aware of all the potential hazards they might face while supporting different types of responses. It is essential for all types of emergency responders to have access to training and information that provides basic and advanced knowledge associated to the events 86 Packet Pg. 172 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner they will be working on. Beyond a job opportunity, this job training helps the community as a whole to have more people trained of the basics of how to deal with potential future wildfires.
Pre-event preparedness activities should include training and access to readily available information.
a- Emergency Responder Certificate:
The Emergency Responder Certificate includes training in:
• Emergency and fire-management essential infrastructure components of a community • Vehicles, equipment, and emergency-mitigations strategies that are commonly used in the emergency- and fire-management field
• Goals of an emergency-management service and how they are implemented and managed, including personnel, budget, and labor-management challenges • Preparedness plans are discussed as trainees explore typical characteristics and frameworks of modern emergency- and fire-management organizations
b- Emergency Medical Responder Certificate:
The Emergency Medical Responder class provides participants with the following:
• Emergency Medical Responder (EMR) Certificate
• California Public Safety First Aid (PSFA) Certificate • Cardio Pulmonary Resuscitation for the Professional Rescuer (CPR) With the EMR certificate participants can submit to Sierra-Sacramento Valley Emergency Medical Services in order to get an EMR card which is an EMS pre-requisite for many local Fire Departments and Forestry Fire Fighting agencies. This certificate is also a pre-requisite for registering in the Shasta College Fire Fighter Academy.
With the California Public Safety First Aid certificate, participants will meet the minimum EMS training requirements for the California Department of Forestry and Fire Protection (CAL FIRE).
This certificate is also a pre-requisite for registering in the Shasta College Fire Fighter Academy.
With the Cardio Pulmonary Resuscitation (CPR) for the Professional Rescuer card, you will meet one of the minimum pre-requisites for Fire, EMS and Health Organizations. This certificate is also a pre-requisite for registering in the Shasta College Fire Fighter Academy. c- Other Emergency Responders:
Emergency responders go beyond fire management and emergency medical procedures.
Providing food in an emergency can also require training as an emergency responder. Food insecurity is an ongoing issue for some residents within Redding and Shasta County, which was exacerbated by the Carr Fire and then the pandemic. When 40,000 residents were evacuated, providing housing and meals was a significant issue for emergency responders.
During the evacuation period, which lasted for weeks, there was a huge need for emergency meals for those who were evacuated from their homes, those who lost their homes in the fire, and those becoming newly homeless. Since that time, Hill Country Center of Hope has built a food pantry and commercial kitchen at the Center of Hope, with the purpose being to provide food and meals during future disasters- for those affected by the disaster and meals for emergency responders helping with the disaster.
As part of this grant, CHYBA will partner with Hill Country to provide training so that Culinary Emergency Responders are able to provide meals when needed in a disaster. They will also be prepared to serve food for other vulnerable populations in need, due to other ongoing negative effects of the fire.
This workforce development course trains participants in basic safety and food preparation so 87 Packet Pg. 173 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner they are ready to help in an emergency. They can also begin work at an entry level position in the food industry, which starts at $20. Furthermore, the LMI participants learn how to prepare meals safely and frugally for their own and their family's consumption. Additionally, the advanced training program prepares participants for a managerial position in a commercial kitchen and at a site preparing emergency meals.
3- Healthcare
The Carr Fire has been devastating to healthcare in Shasta County, including impacting the availability of health care workers and health care services.
Initially, hundreds of health care workers in the Redding area couldn't return to their homes because of orders to evacuate. At Mercy Hospital, 35 to 40 nurses called in daily to tell their supervisor that they could not make their shifts due to evacuation or losing their home in the fire.
The two major hospitals, Shasta Regional and Mercy Redding, canceled all elective surgeries. The VA outpatient facility in Redding was operating with about 60 percent of its regular staff because many staff were forced to evacuate or had lost their homes. For similar reasons, many patients did not arrive for their appointments causing a funding crisis for many health providers because of staffing for appointments that could not be reimbursed. This fact was true for medical and dental providers.
Other patients showed up to clinics unexpectedly because they had to leave their homes so quickly that they had not been able to get medications, or they had a medical or dental emergency. Because many people were forced to flee their homes quickly, the evacuation itself became a crisis when people suffering from chronic illnesses, such as diabetes and hypertension, left home without their medications and could not get appointments to get prescriptions renewed. People in such situations quickly found themselves in medical crises which have created long-term reduced health outcomes.
Many of these issues with health care shortages caused by the Carr Fire remain 5 years after the fire, partly because they were issues that existed before the Carr Fire, and partly because they were even further exacerbated by COVID-19. As an example, many LMI individuals are just now getting surgeries and specialist appointments that were originally scheduled in 2018.
Since the Carr Fire, there has been a substantial loss of qualified medical providers, leaving an overall lack of quality, consistent health care available for Shasta County residents. A significate portion of homes destroyed on the west side of town were health care providers' homes, who have opted to leave the area, rather than rebuild in the high fire-risk zone. Inadequate availability to quality health care reduces the overall well-being of Shasta County residents and affordable training opportunities and recruitment efforts to improve this situation are currently limited and greatly needed.
As part of the reduced educational and workforce training opportunities that were a result of the Carr Fire, CHYBA also lost their own Certified Nurse's Assistant (CNA) certificate program. Our CNA training program operator and teacher both lost their homes in the nearby Camp Fire in Paradise, which also destroyed our CNA training providers' business, putting an end to our CNA program up till now.
The CNA and Dental Assistant certification programs are an important first step to a part of the solution to these shortages, partly because CNA and Dental Assistant certifications are the first 88 Packet Pg. 174 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner level of stackable credentials within the healthcare industry. Additionally, partly because there is such a shortage of CNA's and Dental Assistants to support other healthcare providers in a number of clinical settings.
Building back our CNA program and adding the Dental Assistant program will benefit the community and the LMI trainees. Both of these opportunities will become available in this grant through a close partnership and training opportunities newly available at the Center of Hope. 4- Clerical/Education Personnel
The impact of ongoing recovery needs also extended to the education sector, with many students leaving the school systems throughout the county or becoming chronically absent, in addition to a teacher and instructional aide shortage due to some educators also leaving the area due to high fire risk and elevated insurance rates, as well as the lack of medical providers. As a result, K-12 schools (including CHYBA) and post-secondary schools across the county lost enrollment and Average Daily Attendance and struggled with adequate staffing, which reduced funding and limited access to educational opportunities for many of the remaining students. A well-educated community certainly supports economic revitalization.
Reinvigorating the important career training opportunity in clerical and the educational system is important to many Low- and Middle-Income residents and to the community at large as they recoup from the Carr Fire and the pandemic.
5- Entrepreneur Support
Microenterprise and small businesses are foundational aspects of Shasta County's economic vitality. Many LMI participants desire to start a business or need help to keep their business "afloat" after the financial hardships of the Carr Fire-- and then the devastating pandemic. Small businesses also employ low-to-moderate income employees, so supporting these entrepreneurial endeavors adds to economic recovery on a number of levels. There is a high need to support entrepreneurial programs since the Carr Fire limited many small businesses from thriving.
Beyond the direct job training services provided through CHYBA, the WRTP will make referrals to other disaster-related community job training opportunities that are linked to community workforce training providers.
REFERRAL SERVICES to other community workforce training providers, including the below additional examples of workforce areas and providers with a tie-back to the Carr Fire:
1- Shasta Technical Education Program-Unified Partnership: STEP-UP and Shasta College As outlined in the Scope of Work section, CHYBA partners with the STEP-UP program and Shasta Community College in providing workforce training programs.
Students in STEP-UP pursue certificates in Career Technical Education (CTE) and/or Associate's Degrees in a variety of vocational and academic programs which when completed will position them for immediate employability in our community. These certificate programs include:
Automotive Technology, Business Administration, Fire Technology, Heavy Equipment Operation and Maintenance, Office Administration, and Welding. Many of these certificate programs have direct tie-back to the 2018 Carr Fire.
2- SMART Business Resource Center
As an example of their services related to the Carr Fire, SMART offers justice-involved individuals a career opportunity through the Forestry Technician Certificate. a 7-week free intensive program.
For participants looking for a career in the outdoors, this is an example of a referral that we would make and help the participant access the opportunity. If there are parts of the training that are 89 Packet Pg. 175 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner not paid for by SMART, we could help to provide those services through CDBG-DR grant funds.
Also, participants may need additional supportive services to participate in the training, and through the CD BG-DR grant, we could provide those services.
Providing Access to Training:
The WRTP will provide equitable outreach to recruit income-eligible participants as described in the Outreach and Marketing Plan. Once recruited, there will be a variety of ways for participants to interact with the WRTP. Courses will be offered online, remotely, and in-person, according to the needs of the participant. Additional support services will be provided to assist in the participants successful program completion. Further pathways to jobs will be supported once the participant has completed their training.
Tie-Back for Supportive Services:
The Carr Fire traumatized the entire Shasta County community. Nearly half of Redding's population had to evacuate during the Carr Fire. Studies suggest that emotional distress is common following natural disasters, and the psychological toll can linger for years. In Shasta County, where there is an ongoing threat of highly destructive wildfires, this can be especially prevalent. A preliminary study by researchers at UC Davis found that around one in five people report significant symptoms of anxiety and post-traumatic stress for years after a wildfire.
Rural Shasta County, in far northern California, struggles with some of the worst physical and mental health outcomes in the state when compared to all other counties. Child abuse rates in Shasta County are one and a half times the state rate; suicide is more than double the state rate; and injury and death associated with drug use in Shasta are more than double the state rate.
Shasta County Health and Human Services Agency (HHSA) has a history of looking at root causes of health inequities and identifying upstream strategies to improve community health. The Carr Fire further exacerbated these unfortunate outcomes.
Mental health experts feel that the psychological toll from the Carr Fire- with a pandemic overlaid on top - are unprecedented. In a public health report, it states that Marriage and Family Therapists (MFTs) who specialize in PTSD are still seeing clients for Carr Fire PTSD in 2024.
The wildfire forced nearly 40,000 people from their homes, sending them into makeshift shelters that were overflowing. The Public Health Branch mobilized to bring in a national expert to share lessons learned from other natural disasters. This three-day event in December 2018 identified opportunities to help build resilience and promote hope, post-Carr Fire across six spheres of influence: the education system, family services, health system, justice system, business community, faith community, and housing system. This CDBG-DR WRTP seeks to link to these spheres of recovery, and the lessons learned in other natural disasters, to continue to implement a comprehensive approach of recovery, complimented by the support of many ongoing community partnerships.
Shasta County's Public Health Branch formed a new unit called Social and Emotional Resilience and hired and trained staff on Mindfulness and Stress Management techniques. The Public Health Branch launched a community mental well-being initiative to address both childhood and community trauma that will be linked to this CD BG-DR project.
Hill Country Health and Wellness is a primary partner in this CDBG-DR WRTP. Tammy Allan, who served for 15 years as Director of Behavioral Health for Hill Country Health and Wellness Center, stated that the Carr Fire exacerbated the ongoing twin scourges of homelessness and mental 90 Packet Pg. 176 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner illness. Hill Country Health and Wellness helps mitigate this issue by providing a number of supports including a mental health crisis center in Redding, a mobile crisis team; a team that provides intensive support services for current and formerly homeless people; and a "Circle of Friends" that offers a way for people with mental health challenges to connect and provide mutual support to each other.
Supporting Long-Term Economic and Social Recovery:
As explained above, the WRRP is taking a comprehensive approach to economic and social recovery. Through this comprehensive approach, we feel we will be more successful than we would be if we simply took a more specific single-focused workforce training approach. Part of the process will involve a Coordination of Services Team that will allow front-line staff from a variety of service providers, and staff from the WRTP, to meet regularly to analyze the successes of individual participants and the WRTP program as a whole. As the Coordination of Services Team analyzes program improvement barriers, those needs can then be taken to the Executive Leadership committee of County-wide agencies and NPOs. Through this process, policy and procedure changes can be addressed and modified as necessary to create better opportunities for participants that will then result in continued economic revitalization for Shasta County. As the WRTP enters the long-term phase at the end of the grant, the COST team and the Executive Leadership Committee can thoughtfully move forward with strategic planning and actions to address the more serious or permanent impacts of the disaster that linger.
To address these stated challenges from the Carr Fire, CHYBA created the Workforce Recovery Training Program (WRTP) to mitigate the negative effects of the disaster and provide accessible workforce training pathways for LMI residents, so they can gain skills, receive supportive services, access jobs and advance overall long-term community recovery within Shasta County.
DR-Workforce funds cannot be used to supplant existing local public funds on an existing Workforce Program. The public service of the training program must be either a new or expanded service to an existing Workforce Program. To qualify as an expanded service, applicants must demonstrate that the expanded service will result in a quantifiable increase in the level of an existing service than what was delivered in the last 12 months. To qualify as an existing service, the program should have been in operations for at least 12 months.
12. Please indicate whether the program is new or existing.
New Program
SECTION II: SCOPE OF WORK
91 Packet Pg. 177 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner Application must include a detailed scope of work that includes: details on the training program and services that will be provided with course descriptions, the areas the services will be provided in and/or benefit, who will provide the Workforce training and services, steps that must be completed to initiate the training program, available training facilities and equipment, a clear statement that income eligible trainees will receive training services at no cost, and any other relevant program plans. Programs with public facility activities must also include a detailed explanation of all acquisition and/or capital improvements needed to provide for a training facility to deliver the workforce training program.
92 Packet Pg. 178 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner
13. Training Program Scope of Work.
Activity Description Overview:
The Carr Fire began on July 23, 2018. It was active for 164 days and burned 229,651 acres, the majority of which were in Shasta County, California. The damage caused by this fire is estimated at approximately $1.659 billion dollars. In the wake of this natural disaster, Shasta County officials and citizens came together to recover and rebuild, but significant unmet needs remain.
The City of Redding (CoR) and California Heritage Youth Build Academy (CHYBA) have partnered to develop a plan to address these unmet needs and to implement the Shasta County- Workforce Recovery Training Program (WRTP.) The WRTP will train eligible participants in response to the needs of the disaster recovery in the 2018 Eligible Disaster Impacted Area, specifically within Shasta County. Eligibility for WRTP services will be limited to residents of Shasta County and will be targeted to Low and Middle Income (LMI) persons that are at or below 80% of the Area Median Income.
The WRTP will include training provided at no cost to eligible participants including activities that support workforce development through workforce training, pre-apprenticeships, apprenticeships, job placement, and other activities specific to preparing individuals for employment.
Furthermore, in addition to the components of the job training program, the WRTP will provide support services that are tailored to the specific needs of disaster-impacted neighborhoods that will boost economic development and result in higher quality employment outcomes for eligible individuals, the impacted neighborhoods, and the greater Shasta County community.
CoR will be the applicant for the CDBG-DR grant and will manage the grant. CHYBA will serve as the WRTP Program Operator. The goals of the WRTP include building economic ecosystems that connect both unemployed and underemployed workers with high quality job opportunities that increase earning potential and offer sustainable, permanent employment related to the disaster, that benefit both the individual and the community. It will connect workers with the resources needed to develop new skills and areas of expertise to address economic revitalization.
New Public Facilities will be acquired, as part of the grant activities, to serve as Workforce Training Hubs (WTHs) where LMI residents will receive comprehensive workforce recovery training through a personalized plan that provides related supportive services at the WTH, or through referrals to other community organizations, to help participants be career-ready at the completion of their workforce training.
The WRTP services will be delivered in a variety of ways including, but not limited to: on-site, mobile, remote, and virtual.
Description of Program:
The WRTP will train workers from historically disadvantaged neighborhoods and vulnerable individuals, addressing local job supply and demand. It will leverage existing community assets to meet the unique needs of our community, with programs designed to upskill employees. The WRTP plans to add value to existing local job training initiatives by collaborating with other workforce training programs. The WRTP will focus on activities that may not be eligible for support from other agencies, such as wraparound services to ensure that participants are well supported in the transition to employment, during and after completing a training program. CHYBA will also 93 Packet Pg. 179 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner use its experience with opportunity youth to focus on important soft skills that enhance the workforce readiness of program participants.
Workforce Recovery Training Program services delivered will include, but are not limited to:
Workforce training
Our WRTP program will include programs that support workforce development, preapprenticeships, apprenticeships, job placement, trade training, and other activities specific to preparing individuals for employment.
Screening, assessment, and referrals to occupational training for in-demand occupations Resume support, mock interviews, and other specific soft skills support prior to job referrals Sector specific job preparation (information about the sector, common employer expectations, training, etc.)
Referrals to community workforce training programs including Shasta Builders' Exchange, Shasta College, Smart Center, etc.
Stipends to assist trainees during their training period, not to exceed 3 months Specific workforce training related to the disaster, including:
Construction trades
Healthcare
Culinary
Emergency Response
Heavy Equipment
Wildland and Forestry Fire Training
Clerical
Education
Entrepreneurship Support
Other workforce recovery training, as deemed appropriate Participant Supportive Services will be provided by both CHYBA and partner organizations, all of which have expertise in the services they offer to help reduce barriers to participation in training and employment.
CHYBA provides a written description within this application describing how we will determine the type of Participant Supportive Services needed, and a plan for how the Participant Supportive Services will be provided to the program participants.
Workforce Training Support Services:
Medical/Dental
Behavioral/Mental Health
Transportation
Financial Literacy and Empowerment
Job Retention Support
Assistance with Securing Personal Identification
Housing Placement and Stability
Life skills Development
Academic and literacy tutoring, GED, HS Diploma
Assistance with Childcare
Parenting classes
Peer Support and Mentoring.
Other support services to effectively increase worker engagement/retention as needed 94 Packet Pg. 180 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner Training Facilities
The WRTP will need to acquire Public Facilities to fully implement the Workforce Recovery Training Program in Shasta County. CHYBA has successfully leveraged other state and local funds for workforce development activities, training equipment, and off-site technical training facilities.
Although attempts have been made to fund facilities for the WRTP, we have no funding source to pay for facilities for the WRTP at this time. Without the funding for these facilities, the WRTP could not be implemented successfully. Nonetheless, if we are able to receive funding for facilities through these grant funds, the WRTP services should be able to be made available to LMI individuals for many years to come, since the facilities will be secured. Through ongoing collaboration during the term of the grant, a variety of community agencies and organizations will come together to seek ways to braid funds together more effectively. In this way, this WRTP can be an ongoing support to the community and long-term economic revitalization solutions can be realized.
The activities for the Public Facilities will include:
• Acquisition (including long-term leases for three facilities throughout Shasta County) o No improvements of Public Facilities will be necessary o All facilities will be "move-in" ready when acquired
o Prepayment of leases will ensure public facility use is maintained CHYBA has considered whether their Public Facility acquisition can be achieved within the performance period. We feel strongly that we will easily be able to make the required timeline. We acknowledge that the acquisition of the Public Facilities will require deed restrictions stating no change of use for five years, and the proposed leases will be15 year long-term leases. Additionally, to ensure the HUD funding for the specific program is being used to operate the program for which the application was submitted, the long-term leases will be paid up-front for five years.
The WRTP will be a client-based program. Therefore, CHYBA and the City of Redding can verify that the facilities will be used for Eligible Workforce Training and Participant Supportive Services.
CHYBA will be prepared to show that the Public Facilities are being used for the intended Workforce Recovery Training Program, by submitting at least one activity report that demonstrates eligible use of the facilities prior to the end of the performance period, as identified in the Subrecipient's Standard Agreement.
Facilities funding will provide new workforce training opportunities to LMI residents through unique comprehensive Workforce Resource Hubs (WRH or Hub.) Two of the WRHs will be co-located with Hill Country Health and Wellness Centers. Hill Country's Center of Hope in Redding and Hill Country's Clinic in Round Mountain are already comprehensive places of wellness that offer whole person care. The WRTP will collaborate with Hill Country to provide access to workforce training facilities, medical/dental care, mental and behavioral health services, addiction treatment, and housing for youth in the program that are experiencing insecure housing. All services will be available onsite at these Workforce Resource Hubs.
The third Workforce Resource Hub will be a 6000 square foot facility that will house both workforce training and supportive services. This unique location will also feature comprehensive support services nearby, including daycare services, affordable housing, and other necessary supportive services-- all within walking distance of the Workforce Resource Hub or onsite at the Hub. LMI residents will be able to receive comprehensive workforce recovery training through a personalized plan that provides related supportive services at the site, and through referrals, to help participants be career-ready at the completion of their workforce training.
Additionally, the WRTP will provide an all-inclusive mobile unit that will bring the services of the WRTP to areas throughout rural Shasta County in collaboration with the Smart Center. 95 Packet Pg. 181 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner Steps to initiate and complete the WRTP:
Steps already completed:
• Meet with community partners and County/City agencies to review disaster-related assessmenUneeds related to workforce development and the CDBG-DR NOFA and Action Plan; complete discussions regarding the application; reach consensus on program outline • Meet with Roy Hastings, consultant, who often helps to conduct Environmental Reviews for the City of Redding and Shasta County to determine capacity to help with this aspect of the project • Draft Policies and Procedure required for the CD BG-DR application • Contract for, and receive, an appraisal for the potential Public Facility • Complete the application
1. Project Start Date: Within 30 days from the effective date of the SA. a. Complete tentative lease agreements, as required
b. Post Staffing Positions for grant positions
c. Establish Intake Procedures, Referral Porcess, and Reporting Checklists d. Begin Outreach and Marketing Plan
2. Public Facility Environmental Review Start Date: Within 30 days from effective date of the SA: Work with Roy Hastings as requred
3. Acquisition Site Control Date: Within 60 days from Environmental Record Review (ERR) clearance.
a. Finalize lease terms
b. Establish Site Control as per regulations
c. Take Proposed Lease to attorney and boards
4. Construction Start Date: Within 60 days from ERR clearance or, if applicable, from Acquisition/Lease completion. Not Applicable- no construction
5. Construction Completion Date: Must be completed prior to training program: commencement date to begin serving Beneficiaries by December 31, 2024:
Not applicable
6. Training Program Start Date: Within 90 days from ERR clearance and acquisition completion; Projected July 2024
7. Fifty percent (50%) of the funds expended Date: At least ten (10) months prior to the Expenditure Deadline: By Feb. 1, 2025
8. Final Expenditure Date: January 31, 2026.
9. Program Closeout Date: May 1, 2026.
Equity and Sustainability:
WRTP's goals align with state-wide initiatives to deliver equity, sustainability, and job quality in accordance with state priorities through job training, education, technical assistance, and supportive services.
The WRTP will support long term economic and social recovery through decreasing capacity gaps, providing ongoing employability skills and technical training, offering related supportive services, and training programs specifically related to disaster recovery as outlined below and in the ''Tie Back'' section. More jobs will be created and more well-trained LMI participants will be prepared to fill those jobs. Additionally, there will be more equity in the workforce. 96 Packet Pg. 182 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner CHYBA has focused on equity initiatives. As an example of this emphasis, we have partnered with the STEP-UP program at Shasta College since its inception. STEP-UP stands for the Shasta Technical Education Program-Unified Partnership and is a partnership between the:
• Shasta County Sheriff and Probation Departments
• CDCR - Adult Parole Division
• Good News Rescue Mission
• California Heritage Youth Build Academy
• SMART Business Center
STEP-UP is an educational and vocational training program that provides formerly incarcerated students, homeless students, and students who are currently under court directed supervision with financial, administrative, and educational support. Students in STEP-UP pursue certificates in technical education (CTE) and/or Associate's Degrees in a variety of vocational and academic programs which when completed will position them for immediate employability in our community.
These certificates programs include: Automotive Technology, Business Administration, Fire Technology, Heavy Equipment Operation and Maintenance, Office Administration, and Welding.
Many of these certificate programs have direct tie-back to the 2018 Carr Fire.
Participants receive hands-on instruction and the opportunity to apply instruction received in practical situations through internships, industry consortiums, etc. The goal of the STEP-UP Program is to provide the community with trained workers while reducing recidivism making our community a safer place. The WTRP will receive referrals from STEP-UP, and will refer SRTP participants to STEP-UP, as appropriate. The WRTP will also provide funds for disaster-related training programs in collaboration with STEP-UP as budgeted.
One exciting job training opportunity directly related to fire mitigation is available through STEPUP and Shasta College. It is the Heavy Equipment Logging Operations (HELO) Program. This program is a one-of-a-kind effort to increase workforce capacity in areas of fuels reduction, mechanized logging, and sustainable forest management. The HELO program is funded by California Climate Investments and administered by the CAL FIRE Forest Health grant program in collaboration with public agencies, private industry, and employer partners.
The Shasta College HELO program is an official pre-apprenticeship program for the California Registered Apprenticeship Forest Training (CRAFT), a statewide apprenticeship program for employees in the timber harvesting industry.
CHYBA's Workforce Recovery Training Program will:
• Support social and economic recovery by providing high-quality job opportunities to Low- and Moderate-Income (LMI) individuals who are underemployed and unemployed, thus allowing them to upskill and reskill to support their economic mobility. • Focus on industries and skills that are essential to disaster recovery, such as general construction, forest reforestation and management, and health services • Offer personalized plans to meet the needs of eligible participants, including courses provided online and on a mobile app so that participants without computers or internet connections can complete coursework on their cell phones and also in paper packets 97 Packet Pg. 183 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner • Offer services remotely by way of the Mobile Unit so that participants who live rurally will have the workforce and supportive services brought to them
Workforce Training Course Descriptions:
The Carr Fire had a significant impact on the economic stability of Shasta County. As outlined in the Tie-Back section. many aspects of Shasta County's economy were impacted. In particular, there was a devasting impact to the housing supply, creating an increased demand for new construction and home repair activities, with additional impacts on commercial construction and repair activities. The increased demand for construction activities following the Carr Fire has increased the supply gap in many construction occupations.
Construction Trade Courses Provided by CHYBA:
CHYBA is Nationally Accredited by NCCER as a construction training facility which gives students many added benefits. Students receive certificates, official transcripts and wallet cards. Courses successfully completed are transferable to other NCCER accredited facilities throughout the United States and abroad. All courses are free to eligible participants.
Industry-recognized certificates earned include: OSHA 1 O and NCCER Core Location: CHYBA On the Job Training (OJT)
Length: One Semester
CORE Course Description: Introduction to Basic Construction Skills prepares individuals for entrylevel positions on project sites by providing the basics in safety, hand and power tools, construction math, materials handling, construction drawings, rigging and employability skills.
This competency-based program is recognized throughout the country by the construction industry. The knowledge and skills established in Core are the foundation that successful construction careers are built on.
Culinary and Emergency Response Training Provided by CHYBA:
CHYBA provides direct training for Culinary and Emergency Response Training.
During the Carr Fire, there was a huge need for emergency meals to the over 40,000 people that were evacuated from their homes. To address this need, Hill Country Center of Hope has built a commercial kitchen that can be used during disasters to provide food for those affected by the disaster. CHYBA partners with Hill Country to provide the following training so that Culinary Emergency Responders are able to provide food during community crises and natural disasters.
This course also trains participants in the basic safety and food preparation to begin work at an entry level position, which start at $20/hour. Additionally, the advanced training prepares them for a managerial position in a commercial kitchen.
Culinary Emergency Response covers:
• The Importance of Food Safety
• Good Personal Hygiene
• Time and Temperature Control
• Preventing Cross-Contamination
• Cleaning and Sanitizing
• Safe Food Preparation
• Receiving and Storing Food
• Methods of Thawing, Cooking, Cooling and Reheating
• Food HACCP (Hazard Analysis and Critical Control Points) • Food Safety Regulations
98 Packet Pg. 184 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner Culinary Advanced Training:
• Food and equipment preparation
• Cooking techniques and practices
• Effective time management
• Aesthetics of food presentation and plating
• Restaurant quality service
• Introduction to the hospitality industry
• Menu planning, cost analysis, purchasing, and work site training.
Industry-recognized certificates earned include:
Food Handler's Card; ServSafe Managerial Certification
Location: CHYBA: On the Job Training (OJD
Length: One Semester for each course
In addition to textbooks, Culinary Arts students will need uniforms and tools for laboratory classes. All coursework, materials, uniforms, etc. are covered by CDBG-DR funds and are free to participants.
Emergency Medical Responder:
Curriculum includes:
• Emergency and fire-management essential infrastructure components of a community • Basic structure of these organizations as well as the rules and guidelines that govern preemployment education requirements . • Vehicles, equipment, and emergency-mitigations strategies that are commonly used in the emergency- and fire-management field
• Goals of an emergency-management service and how they are implemented and managed, including personnel, budget, and labor-management challenges • Preparedness plans are discussed as trainees explore typical characteristics and frameworks of modern emergency- and fire-management organizations
Industry-recognized certificates earned include: Emergency Responder Certificate: This certificate meets the pre-requisite for registering in the Shasta College Fire Fighter Academy Location: CHYBA: On the Job Training (OJD
Length: One Semester for each course
Certified Nurse's Aide Training:
Coursework as outlined by licensing agency: a Certified Nursing Assistant Program Requirements in California:
Be at least 16 years old
Be in good physical health
Up-to-date immunization records
Have a high-school diploma or GED
Pass a criminal background check
Pass the State Exam
Industry-recognized certificate: CNA California State-Approved Certification; stackable credential for Health Sciences Career: LVN, RN, NP, PA
Location: CHYBA: On the Job Training (OJD Center of Hope and other licensed settings Length: 12 weeks: requires 50 hours of classroom training and 100 hours of clinical training, under the direct supervision of a LVN or an RN.
99 Packet Pg. 185 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner Dental Assistant Training:
Program includes all necessary certifications to qualify for the RDA license after passing the State written and practical exams.
• Coronal Polish*
• Radiation Safety*
• Pit & Fissure Sealant*
• Infection Control
• Hands-on Training with full dental equipment
• Training in Center of Hope Dental Offices
• Registered Dental Assistant Examination and Licensure Location: CHYBA: On the Job Training (OJD Center of Hope Length: One Semester for each course
Clerical/Education Support:
Paraprofessional Educator: Every Student Succeeds Act (ESSA) requires that schools have highly qualified paraprofessionals.
To meet the minimum qualifications for a Paraprofessional position, trainees must complete coursework that prepares trainees in the following:
a. Ability to Assist: Worker roles and responsibilities, student discipline/behavior b. English-Language Arts: Proofreading/spelling, reading comprehension, main theme of a paragraph, logical sequence of a paragraph, key word, English grammar, basic word meanings. c. Mathematics: General Math, Pre-algebra and Algebra; The Coordinate system: Grid graph, slope coordinates; Geometry: Basics, squares, rectangles, circles, triangles Industry-recognized certificates earned include:
Shasta County Paraprofessional Exam
Location: CHYBA and On the Job Training (OJT)
Length: One Semester or more for additional skills training Business Information Management
• keyboarding skills
• information technology
• personal and interpersonal skills
• focusing on effective communication skills
• word processing
• using databases
• creating professional presentations
• productive work habits
Certificate: Business Information Management Certificate Location: CHYBA and On the Job Training (OJT)
Length: One Semester or more for additional skills training Entrepreneurship
CHYBA offers courses in Entrepreneurship called: Start You Own Business Entrepreneurship 101
Help participants design, launch, and run their own small business. • Creating and vetting your business idea
100
Packet Pg. 186 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner • Designing your business for success
• Launching with a Minimum Viable Product {MVP)
• Logo creation
• Making sales to friends and family
• Accounting, tracking, and analytics
• Online marketing and website creation
• Tax and legal matters
• Stewarding the profits of the business
Entrepreneurship 201
Help participants scale the business they started in the first course. • Revenue and societal impact goals
• Building an email audience for repeat purchases
• Email marketing deep dive
• Growing your business beyond friends and family
• Optimizing your business metrics and financials
• Time management
• Building a team
• Raising money, valuation, and exiting the business
• Highlighting entrepreneurship on your resume
Location: CHYBA and On the Job Training {OJT)
Length: One Semester per course or more for additional skills training
JOB TRAINING REFERRALS TO COMMUNITY PARTNERS
CONSTRUCTION JOB TRAINING REFERRALS TO COMMUNITY PARTNERS In addition to the direct construction training provided by CHYBA, the Shasta County Workforce Training Recovery Program matches qualified Carr Fire-impacted residents to recovery jobs through training vouchers for advanced training and pre-apprenticeship programs in construction provided by community partners.
Shasta Builders' Exchange
Shasta Builders' Exchange {SBE) provides advanced NCCER training for those trainees that pass their NCCER Core, including training in Electrical, Carpentry, and Plumbing.
Courses at SBE Trade School normally cost $655/per semester. This tuition would be covered by the CD BG-DR grant and all training would be free to eligible participants. CHYBA's WFTP would pay SBE for participants who were income qualified and had passed the NCCER CORE.
There are normally additional costs to getting enrolled in the Craft Training Programs at the Shasta Builders' Exchange Trade School. The trainee would normally need to pass a drug screen and purchase their textbooks. The drug screen is a one-time expense and the textbooks cover a full year (2 semesters) of the program text requirements. All these costs would be covered by the CD BG-DR grant.
To become enrolled in a Craft Training courses an individual must complete the application packet, pass a drug screen and provide proof of High School Diploma or GED. CHYBA provides High School Diploma or GED if needed. The CORE must be completed before starting the advanced programs. CHYBA offers the CORE. The program then proceeds for four semesters in carpentry training. NCCER offers badges for each module completed and the Trade School awards a certificate of completion in Rough Carpentry. OSHA 1 O certificates and CPR certificates will be included in the program, if not already completed during the CORE curriculum.
Location: All Programs: On-site at the SBE
101
Packet Pg. 187 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner Length: One Semester
ELECTRICAL PROGRAM
LEVEL 1 Occupational Overview
• Electrical Safety
• Introduction to Electrical Circuits
• Electrical Theory
• Introduction to the National Electrical Code®
• Device Boxes
• Hand Bending
• Raceways and Fittings
• Conductors and Cables
• Basic Electrical Construction Drawings
• Residential Electrical Services
• Electrical Test Equipment
LEVEL 2Occupational
• Alternating Current
• Motors: Theory and Application
• Electric Lighting
• Conduit Bending
• Pull and Junction Boxes
• Conductor Installations
• Cable Tray
• Conductor Terminations and Splices
• Grounding and Bonding
• Circuit Breakers and Fuses
• Control Systems and Fundamental Concepts
LEVEL 3ccupational
• Load Calculations - Branch and Feeder Circuits
• Conductor Selection and Calculations
• Practical Applications of Lighting
• Hazardous Locations
• Overcurrent Protection
• Distribution Equipment
• Transformers
• Commercial Electrical Services
• Motor Calculations
• Voice, Data, and Video
• Motor Controls
STATE APPROVED
The Electrical Trainee Program carries approval from the State of California's Electrician Certification Unit (ECU) under the Department of Industrial Relations and is listed as Shasta Builders' Exchange #107 on the list of approved schools.
The hybrid program allows students less travel while still receiving in person hands on training. 102
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CARPENTRY PROGRAM
LEVEL 1 Occupational • Orientation to the Trade • Building Materials, Fasteners, and Adhesives • Hand and Power Tools • Introduction to Construction Drawings, Specifications, and Layout • Floor Systems • Wall Systems • Ceiling Joist and Roof Framing • Basic Stair Layout • Introduction to Building Envelope Systems
PLUMBING PROGRAM
LEVEL 1 Occupational • Introduction to the Plumbing Profession • Plumbing Safety • Tools of the Plumbing Trade • Introduction to Plumbing Math • Introduction to Plumbing Drawings • Plastic Pipe and Fittings • Copper Pipe and Fittings • Cast-Iron Pipe and Fittings • Carbon Steel Pipe and Fittings • Introduction to Plumbing Fixtures • Introduction to Drain, Waste, and Vent (DWV) Systems • Introduction to Water Distribution Systems LEVEL 2Occupational • Plumbing Math Two • Reading Commercial Drawings • Structural Penetrations, Insulation, and Fire Stopping • Installing and Testing DWV Piping • Installing Roof, Floor, and Area Drains • Installing and Testing Water Supply Piping • Types of Valves • Installing Fixtures and Valves • Installing Water Heaters • Basic Electricity • Fuel Gas and Fuel Oil Systems LEVEL 3Occupational • Applied Math • Sizing and Protecting the Water Supply System • Potable Water Supply Treatment • Types of Venting • Sizing DWV and Storm Systems • Sewage Pumps and Sump Pumps • Corrosive-Resistant Waste Piping • Compressed Air 103
Packet Pg. 189 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner • Service Plumbing
NCCER PLUMBING TRAINING
• The plumbing program includes hands-on practice in the shop, plumbing code training, and leadership skills.
• Taught by experienced plumbers who can answer questions about the processes, safety, job sectors, and construction.
ADDITIONAL EXAMPLES OF JOB TRAINING REFERRALS TO COMMUNITY PARTNERS The Shasta County Workforce Training Recovery Program matches qualified Carr Fire-impacted residents to recovery jobs through training vouchers for advanced training and preapprenticeship and apprenticeship programs through training provided by community partners.
Examples are listed below:
SHASTA COLLEGE:
Heavy Equipment Logging Operations (HELO) Program
Heavy Equipment Logging Operations and Maintenance Certificate As described previously in the STE-UP section.
California Registered Apprenticeship Forest Training (CRAFT) The Shasta College HELO program is an official pre-apprenticeship program for the California Registered Apprenticeship Forest Training (CRAFT), a statewide apprenticeship program for employees in the timber harvesting industry.
HEAVY EQUIPMENT LOGGING OPERATIONS AND MAINTENANCE Certificate This certificate will prepares individuals for a career in the timber industry as a heavy logging equipment operator. OJT operating various pieces of heavy logging equipment and vehicles. This is a hands-on, field-experience-oriented certificate. Some courses will utilize off-campus forest grounds for training. This certificate will prepares individuals for a career in the timber industry as a heavy logging equipment operator.
POTENTIAL CAREERS
Logging Equipment Operator Crane Operator Construction Equipment Operator SALARY POTENTIAL $54,594 per year
Suggested Sequence of Classes
CERTIFICATE REQUIREMENTS 16 units
AGNR 101 Beginning Forestry 3 units AGNR 102 Basic Logging Equipment Operations 1 unit AGNR 103 Intermediate Logging Equipment Operations 4 units AGNR 104 Production Logging Equipment Operations 1 unit CONS 45 Career Planning and Leadership for Heavy Equipment Operators 2 units CONS 46 Equipment Operations and Maintenance 3 units CONS 140A Commercial Driver Learner's Permit Preparation 2 units
CULINARY ARTS CONCENTRATION Certificate: This certificate will give trainees the knowledge and skills necessary to enter the Culinary Arts field.
Trainees will learn principles in sanitation and safety, hospitality, and basic food production. You will also learn menu planning, cost analysis, purchasing, dining room service, and baking, with an 104
Packet Pg. 190 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner emphasis of hands-on worksite learning.
POTENTIAL CAREERS INCLUDE: Banquet Service Manager Executive Chef Director of Culinary Operations Food Service Tech
SALARY POTENTIAL $70,378 per year
Classes
1 O units CU LA 45 Basic Food Production
5 units CULA 50 Sanitation and Safety
2 units BUAD 17 Business Mathematics
11 units CULA 46 Advanced Foods
5 units CULA 49 Menu Planning & Cost Analysis
2 units CULA 55 Food and Beverage Cost Control
2 units CULA 172 Baking 2 units
9 units CULA 65 Dining Room Service
3 units CULA 75 Pastry
2 units HOSP 65 Hospitality Supervision
3 units CULA 94 Culinary Arts Worksite Learning 1 unit
The Smart Center, the Department of Rehabilitation, and others have additional workforce training programs that will be accessed through the referral process,
14. Has any portion of the Program Scope of Work already commenced before or at time of application?
Yes
Please provide a summary on the current phase including the activities that have already been completed for the proposed training program.
Steps already completed:
• Meet with community partners and County/City agencies to review disaster-related assessment/needs related to workforce development and the CDBG-DR NOFA and Action Plan; complete discussions regarding the application; reach consensus on program outline • Meet with Roy Hastings, consultant, who often helps to conduct Environmental Reviews for the City of Redding and Shasta County to determine capacity to help with this aspect of the project • Draft Policies and Procedure required for the CD BG-DR application • Contract for, and receive, an appraisal for the potential Public Facility • Complete the application
HCD encourages Applicants to create formal partnerships for collaboration and increased program impact. If Partners will be included, describe how the Partner{s) will be involved in the program and their Workforce experience. See definition of Partner provided in the NOFA. 105
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15. Are Partners included in the application?
Yes
Describe the role of Partners involved in the program.
California Heritage Youth Build Academy (CHYBA) is the primary Partner with the City of Redding for this application. CHYBA will be the Program Operator of the Workforce Training Program. They will be the lead in the facility acquisition - long term lease, as well as providing the primary components of the job training program. They will procure other Partners to provide various parts of the job training education as well as the supportive services components. They will be responsible for all reporting to the City of Redding, including obtaining reports from their Partners to inform the main report. The City of Redding will provide financial oversight as well as monitoring all aspects of the program. The City will be responsible for reporting to the State and managing the Standard Agreement.
Upload a copy of each pending or executed Partner Agreement.
City of Redding _Shasta County Workforce Training Program_CHYBA Agreement_2024.02.26.pdf Upload a copy of each pending or executed Partner Agreement.
Upload a copy of each pending or executed Partner Agreement.
If Partner is a tribal entity, upload the Tribal Entity's bylaws or appropriate governing documents.
If Partner is a tribal entity, upload the Tribal adopted Authorizing Resolution.
Applicant must provide a written Participant Supportive Service plan. Your plan should include the services needed, how were these services determined, the services that will be provided, who will provide them, how will the services be accessed, how the services meet the needs of your training program and the community and explain if the services are new or existing services already being provided.
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16. Describe your plan for providing Participant Supportive Services to eligible trainees in the Workforce training program.
Support Services for the program will include:
Medical/Dental
Behavioral/Mental Health
Transportation
Financial Literacy and Empowerment
Job Retention Support
Assistance with Securing Personal Identification
Housing Placement and Stability
Life skills Development
Academic and literacy tutoring, GED, HS Diploma
Assistance with Childcare
Parenting classes
Peer Support and Mentoring.
Other support services to effectively increase worker engagemenUretention as needed Each individual participant will have a Personalized Plan that will outline services needed and then a determination will be made as to which specific services from the list above will be provided for that particular participant. The Personalized Plan will be updated regularly so as to always been reflective or current needs.
Who will provide the services:
These participant Supportive Services will be provided by both CHYBA and community organizations, all of which have expertise in the services they offer to help reduce barriers to participation in training and employment.
New and Existing Services:
CHYBA will offer services where they have expertise. Additional services will be referred out to program collaborators. CHYBA has 94 local community partners/providers that currently assist us in providing supportive services to our students, so these already existing partnerships can be accessed in a similar way for this new program.
How are needed services determined:
The initial intake interview and ongoing assessments will be thorough and extensive to help determine their willingness and ability to complete a personalized program, as well as to determine what supportive services they may need.
We will collect basic demographic information, education and professional history, information on family and housing composition, public benefits used, criminal history, as well as participants' goals, motivations, challenges, and barriers to work. CHYBA received the Innovator of the Year Award from Youth Build USA and they have Full Affiliation with Youth Build USA, which helps to establish our expertise in this area.
This program will use assessments like the CASAS (Comprehensive Adult Student Assessment Systems), the CareerExplorer's career assessment, the Myers-Briggs Type Indicator (MBTI), and the Armed Services Vocational Aptitude Battery (ASVAB), and others as appropriate, to help us determine current skill levels and appropriate placement in various programs.
Participant data will be confidentially obtained and used to identify and assess individual participants' needs and to provide individualized program offerings and support services. A data 107
Packet Pg. 193 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner collection system will be developed through a contract with the Center for Education and Research (CER) to help collect confidential information securely and so that it can be effectively utilized by program staff to help the participant create a personalized workforce and social services plan. Additionally, with this data system, program level statistics can be analyzed to make program level decisions and continuous program improvement.
As a result of these thorough and personalized interviews and assessments, potential barriers to success and employment will be identified early, so we can also assess the support that will be needed to encourage program completion and overall success.
Given the barriers many participants face, we are in a unique position to offer a comprehensive approach to supportive services and engagement strategies, in addition to the technical and soft skills training that will be offered. These services include addressing psychosocial challenges, such as conflict and time management and professionalism, financial literacy, appropriate use of social media, as well as addressing basic needs such as clothing, transportation, daycare, Social Emotion Learning (SEL), and medical and mental/behavioral health assistance.
A Coordination of Services Team will meet weekly to determine the best fit for supportive services for individual participants. We will also confidentially track the services that participants are currently using to help them overcome barriers. Having close working relationships with community partners allows us to track this more detailed and beneficial information.
This information will help us know what services should be newly provided and the uptake of these services to ensure these supports are available and utilized. It also helps us become aware of which services match which participant needs more effectively, so we can do a better job of matching needs and services and we progress through this grant and are more sustainable after the grant cycle ends.
How will the services be accessed:
We find that the community has many support services available but Low-and Moderate-Income individuals often do not have the means to access these services and follow-through with the supports that are available. Case-managed services and Participant Support Assistants will help the participants, to be sure referrals are acted on successfully, and participants don't get lost in the potential "red tape" of a referral process. We will have a van and drivers available to assist participants in accessing supportive services, as necessary. Additionally, services can be accessed, online, at the training facility, by phone or Zoom, in-person at one of the Workforce Training Hubs or through accessing the Mobile Unit that will be purchased with grant funds.
Our success in this referral process is partly due to an already developed Coordination of Services Team (COST) that meets biweekly with support service providers so that we can collaborate to ensure the LMI participant is able to take full advantage of the comprehensive services being offered. The team can also make modifications or follow-up as needed. In this way we can create supported accountability for the participant, the community partner, and the system of support itself.
Data on participant characteristics will be used to assess program management and processes.
Part of the success of the COST system is that we can also critically evaluate barriers within our community systems, so we can call on our Executive-level Community Leadership Team to make policy changes to restructure services and related policies so that they are more effective and user-friendly for the vulnerable populations in our community, including LMI participants. Data about participants' characteristics, needs, and experiences within the program will also be used by program administrators for continuous program improvement and to better allocate resources, including funding and staffing.
Flexibility to meet the needs of eligible participants and a changing economic environment:
One of the successes of CHYBA's supportive services programming has been our dedication to 108
Packet Pg. 194 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner demonstrating flexibility as we remain committed to our mission, while also responding to changing participant needs and the economic environment. We plan to be flexible in our service delivery strategies so that we can meet the needs of participants whose profiles are constantly evolving, as well as the fluctuating needs of employers and local businesses.
We will use client-level and organizational data to assess process measures and monitor how well we are doing at providing services and achieving our desired outcomes. Specifically, we will measure the number of clients served, the number who dropout, and the number who complete the program, as well as internal operations measures, such as caseload size, referrals, etc.
With this new WRTP, we will continue to carefully track data to meet accountability requirements that have been put in place by CDBG and partner agencies. As part of these efforts, we will devise a method to collect and report data effectively to meet the reporting requirements of this grant.
Enter the number of Participant Supportive Service that you project to be provided to the training program participants. Participant Supportive Services may be provided by either a Partner, Subrecipient, or a Training Operator that has expertise in the services they offer to help reduce barriers to participation in training and employment. Depending on the anticipated needs of the trainees, Participant Supportive Services can be delivered in a variety of ways to include, but not limited to on-site, mobile, or virtual.
17. Enter the number of Participant Supportive Services projected to be provided to the trainees in the Workforce Training Program.
12 Acquisition, construction and/or site improvements may be considered as supplemental activities to support the long-term community investment in the Public Service Workforce training program.
Applicants must be able to complete these activities and commence the training program by December 31, 2024, and the facility must be used for an eligible Workforce Training program. No "Choice-limiting actions" may occur on a proposed project, or proposed site acquisition before both the federal and state environmental review processes are completed, even if that work/acquisition is being done using non-federal funds. Note: Rehabilitation and improvements of Public Facilities are eligible DR-Workforce activities, but new construction is not.
18. Is acquisition, improvements, and/or rehabilitation of Public Facilities part of your scope of work in this application, regardless of funding source? Yes
Select all that apply to the proposed Workforce training Program.
Acquisition
Training programs must commence by 12/31/24 serving training participants. Review your timeline for site control to ensure you can meet this mandatory milestone. 109
Packet Pg. 195 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner Can the acquisition activity be completed prior to the deadline to commence the workforce training (December 31, 2024)?
Yes
Describe what will be acquired and the status of title at the time of application. 1255 Industrial St. Redding CA 96002 - Will acquire through a long-term lease. Center of Hope Apartments LP holds the title.
1206 Industrial St. Redding, CA 96002 - Will acquire through a long-term lease. The Center of Hope holds the title.
29632 Hwy 200 E. Round Mountain, CA 96084 - Will acquire through a long-term lease. Hill Country Community Clinic holds the title.
Please enter the number of properties projected to be acquired with CD BG-DR funds for the use of the Workforce Training Program.
Enter the number of properties projected to be acquired. 3 Please enter the number of non-residential buildings projected to be acquired with CDBG-DR funds for the use of the Workforce Training Program. 3 Enter the number of buildings projected to be acquired. 3 Public Service activities are considered Exempt. Applicants that have Public Service only programs must submit their Environmental Review Form for Exempt or Categorically Excluded Not Subject to Section 58.5 Form at the time of application submission. For Applicants conducting Public Facility activities, the Environmental Review process must commence within 30 days of the effective date of the executed Standard Agreement. See the Application Guide for more information on Environmental Review Forms and to determine your level of review needed.
19. Select the applicable Environmental Review category anticipated for the proposed Workforce program activities.
Categorically Excluded Subject to 58.5 (CEST)
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Packet Pg. 196 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner SECTION Ill: BUDGET
Enter the total Amount of DR-Workforce Funds Requested.
20. CDBG-DR Funding Amount Requested
6,096,458.00
Enter the Project cost (CDBG-DR funding plus other funding for the total project cost).
21. Total Project Cost
6,096,458.00
22. Upload detailed cost estimate prepared, signed, and stamped by a Licensed Architect or Professional Engineer licensed in the State of California.
City of Redding_Shasta County Workforce Training Program_Cost Estimate_2024.2.26.pdf As shown through completion of the total activity budget, if awarded, CD BG-DR funds will not result in a Duplication of Benefits (DOB). CDBG-DR funds may only be used to fund a gap in your total activity budget. If an applicant, or eventual subrecipient is found to have a DOB, supplanted funds or otherwise misled HCD about the need for additional funding, the situation will be treated as fraud, waste, and abuse of federal funds and HCD may recapture all or part of the funds.
23. Will the CDBG-DR funding request result in a duplication of benefits? No
If you have applied for funding, but unsure if it constitutes as funding for workforce training activities, please leave the response blank and HCD will follow-up to confirm.
24. Have you applied for other sources of funds to operate this program? No
Application must include a completed total activity budget and a completed signed DOB affidavit that clearly identifies all funding sources for your Workforce training program. The Total Activity Budget (Excel template located in the solicitation files) is a detailed budget template created by HCD for applicants to use as a tool to help develop their entire program cost estimate (not just CD BG-DR portion) for all phases of the program and to document other sources. General budget 111
Packet Pg. 197 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner categories in this budget should at minimum include activity costs and activity delivery costs.
Reminder, this budget reflects all costs to carry out your proposed activities, regardless of the funding source. Use the information provided in the Total Activity Budget to complete the CDBGDR Budget. The DOB affidavit is also included in the solicitation files to be completed and uploaded below.
25. Total Activity Budget
City of Redding_Shasta County Workforce Development Training Program_Total Budget_2024.2.27 .xlsx
A copy of the DOB affidavit is included in the solicitation files to be completed and uploaded below. Please list out all funding sources on the DOB affidavit and signed by the Authorized Representative.
26. Upload the completed DOB Affidavit.
City of Redding_Shasta County Workforce Training Program_DOB Affidavit_2024.02.26.pdf Applicant must complete their applicable payee tax form (STD 204 or Fl$Cal). Payee tax forms are located in the solicitation files.
27. Complete and upload the applicable Payee tax form for your organization/entity.
City of Redding_Shasta County Workforce Training Program_TIN Tax Form_2024.02.26.pdf CDBG-DR budgets found in the Grants Network portal are required at application submission.
Applications submitted without a complete Grants Network budget will result in an ineligible application, from which the applicant may re-submit once the application is complete.
28. Is the CDBG-DR budget completed in Grants Network?
Yes
Budget narratives must be included on the CD BG-DR Budget in Grants Network to explain anything that impacts how the CDBG-DR funds will move in your activity. The budget narrative should include an itemized list of how the CDBG-DR funds will be spent and when, a description of how the planned expenditures were estimated, any unfunded budget gaps, and the cost of training per trainee if any non-LMI participants are subject to training costs. The budget narrative should also include information about activity viability if the project is only partially funded. For instance, can the project scope be reduced, the number of beneficiaries be reduced, can the project be scaled to the amount of funding available. Make sure the budget narrative has a relationship to the tasks and deliverables described in the application. Applications submitted without a complete Grants Network budget narrative will result in an ineligible application, from which the applicant may re-submit once the application is complete. 112
Packet Pg. 198 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner
29. Does the CDBG-DR budget include a detailed narrative of your Workforce Training Program budget within the Grants Network budget template? Yes
SECTION IV: Program Schedule
Application must contain a Workforce Training Program Timeline to ensure compliance with all milestones provided within the Standard Agreement. Please complete the program timeline for your applicable program activity milestones by entering the dates you project to have each completed by. All Standard Agreements are expected to be executed by the first quarter 2024.
If any milestones are not applicable to your program, please enter NIA for the date.
Applicants that are recommended for awards will be contacted via Grants Network and provided with an opportunity to update their application program timeline schedule or other data that may have aged during the Applicant review period. Applicants will have 10 days to respond to requests. Awarded Applicants (Subrecipients) shall submit monthly activity and financial reports to HCD for review in Grants Network by the 10th calendar day of the month for the previous month's activity. Monthly reports are required to be submitted beginning the month after the Standard Agreement is executed.
Please note the DR-Workforce Standard Agreement performance milestone requirements below.
1. Project Start Date: All programs must commence activity within 30 days from the effective date of the SA.
2. Public Facility Environmental Review Start Date: Within 30 days from effective date of the SA
3. Acquisition Site Control Date: Within 60 days from Environmental Record Review (ERR) clearance.
4. Construction Start Date: Within 60 days from ERR clearance or, if applicable, from Acquisition/Lease completion.
5. Construction Completion Date: Must be completed prior to training program commencement date to begin serving Beneficiaries by December 31, 2024.
6. Training Program Start Date: Within 90 days from ERR clearance or construction/acquisition completion; but must begin serving Beneficiaries by December 31, 2024.
7. Fifty percent (50%) of the funds expended Date: At least ten (10) months prior to the Expenditure Deadline.
8. Final Expenditure Date: No later than January 31, 2026.
9. Program Closeout Date: No later than May 1, 2026.
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Packet Pg. 199 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner
30. PROGRAM MILESTONE TIMELINE
All programs must commence activity within 30 days from the effective date of the SA.
Milestone #1: Date projected to Start DR-Workforce activities (incurring costs):
30 days from the effective date of the executed Standard Agreement Programs that have Public Facility activities (rehab/improvements/acquisition) must commence the Environmental Record Review process within 30 days from effective date of the SA.
Milestone #2: Date projected to begin the Public Facility Environmental Review:
30 days from the effective date of the executed Standard Agreement Programs that have Public Facility Acquisition activities must successfully complete Acquisition or lease within 60 days from Environmental Record Review (ERR) clearance.
Milestone #3: Date projected to have Acquisition Site Control:
60 days from Milestone #2
Programs that have Public Facility construction related activities (rehab/improvements) must successfully begin to incur Construction costs within two (2) months from ERR clearance or, if applicable, from acquisition/lease completion.
Milestone #4: Date projected to start construction:
N/A
Programs that have Public Facility construction related activities (rehab/improvements) must complete Construction prior to the training program start date to begin serving Beneficiaries by December 31, 2024.
Milestone #5: Date projected to complete construction:
N/A
All training programs must commence the approved training program and services within three (3) months from ERR clearance or construction/acquisition completion; but must begin serving Beneficiaries by December 31, 2024.
114
Packet Pg. 200 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner Milestone #6: Date projected to Start the Training Program:
90 days after Milestones #2 and #3
Fifty percent {50%) of the Program funds must be expended at least ten (10) months prior to the Expenditure Deadline and serve fifty percent {50%) of its Beneficiaries identified in the application no later than six (6) months prior to the Expenditure Deadline.
Milestone #7: Date projected to expend Fifty percent (50%) of the CDBG-DR awarded funds:
February 1, 2025
Subrecipient must serve one hundred percent (100%) of its Beneficiaries identified in the application prior to the Expenditure Deadline and expend all program funds by January 31, 2026.
Milestone #8: Date projected to Expend all CDBG-DR awarded funds:
January 31, 2026
All DR-Workforce programs must commence the closeout process and submit a final activity report no later than 90 days from the expenditure deadline date.
Milestone #9: Date projected to Close-out:
May 1, 2026
SECTION V: PROGRAM PLANS
Programs must offer free training to ELIGIBLE training participants {eligible = income qualified).
31. Are all job training and accompanying services provided at no cost to eligible LMI trainees?
Yes
General policies and procedures should include at minimum a section on: trainee recruitment, fee structure to participate {income eligible trainees cannot be charged but over income trainees could be, depending on your program's policies), the program's schedule, who can participate, and a description of the training courses and services offered. 115
Packet Pg. 201 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner
32. Do you have policies and procedures for the workforce training program proposed in this application?
In Development
Application intake policies and procedures at a minimum should include application intake process, income verification, income documentation collection, eligibility review, and documentation maintenance.
33. Do you have policies and procedures related to application intake for trainees? In Development
Include information on financial resources and staff capacity to sustain the project past the life of this grant.
34. Describe how the organization plans to sustain the proposed new or expanded Workforce training program(s).
We believe sustainability requires not only financial resources but also solid policies and technical assistance. Policies set up through this grant through our program and our Partners will modify systems that make it harder for LMI individuals to succeed. This program sets our community up for long-term sustainability post-disaster simply by creating it. Technical assistance will come from the various partner agencies as we build local capacity and expertise in the workforce field, obtaining feedback and information on the best and promising practices as well as lessons learned. We have built into the grant funding for Center for Education and Research to help us collect data which will inform future disaster recovery, workforce recommendations and longterm recovery. We believe the creation of this program will improve the health and well-being of the community. Financially, we will be exploring state, federal and local educational grant funds as well as work with our community partners to braid funding for the LMI population. We have a successful Youth Build model with many partners in place who are committed to providing services to this population. These pieces together will propel us into long-term sustainability.
SECTION VI: DUE DILIGENCE
Applications are required to include a completed authorizing resolution using the applicable Department approved authorizing resolution form and approved by the applicant's governing board. The authorizing resolution designates a person or persons responsible for, and authorized to, execute all documents related to the application of CD BG-DR funds. The Jurisdiction and the Organization Authorizing Resolution Templates are in the solicitation files. Please upload the 116
Packet Pg. 202 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner Applicant's applicable Authorizing Resolution. If a governing body must prepare a separate resolution concurrently that confirms to its local standard, it may do so in addition to preparing the resolution form provided by the Department.
Applicants must submit their approved resolutions on the form provided by the Department by the application submission due date. The Department will NOT accept resolutions after this time.
35. Upload the approved and adopted Authorizing Resolution for the application.
City of Redding_Shasta County Workforce Training Program_AR_2024.2.26.pdf Proof of the Authorized Representative may be a screenshot of the authorized individual from your organization/jurisdiction website.
36. Upload proof of identification of Authorized Representative.
City of Redding_Shasta County Workforce Training Program_AR Vertification_2024.02.26.pdf Applicants must provide proof from the federal System for Award Management that the Applicant, all application Partners, developers, consultants, and contractors participating in the application, the potential administration of the award, or the potential implementation of the activity are not debarred. HCD will perform a due diligence check at https://sam.gov (https://sam.gov) to confirm that applicants are not on the federal government's debarment list.
37. Is the primary Applicant or any of the Partners named in this application debarred from doing business with the federal government? No
38. Upload applicable proof from the Federal System for Award Management (SAM).
City of Redding_Shasta County Workforce Training Program_Debarment_2024.02.26.pdf Poor past performance would not be cause for in-eligibility, but would result in a high-risk rating, assigned technical assistance (TA), and likely a special condition as part of the Standard Agreement.
39. Has the applicant or any partners received a monitoring report from a federal agency, or an agency on behalf of a federal grant in the last 2 years? No
All non-federal entities that expend $750,000 or more in federal awards in a fiscal year are required to have a single audit for that year in accordance with the Single Audit Act of 1984, Single Audit Act Amendments of 1996, and 2 CFR §200 Subpart F-Audit Requirements. 117
Packet Pg. 203 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner
40. Has the primary applicant or any of the identified Partners been required to submit a Single Audit to the State Controller's Office? Yes
Please upload the most recent single audit.
City of Redding_Shasta County Workforce Training Program_Applicant Audit_2024.02.26.pdf Upload Box
City of Redding_Shasta County Workforce Training Program_Partner Audit_2024.02.26.pdf Provide details on the level of federal grant experience for this program's key staff and whether they are new hires or existing staff. For any staff recognized as having federal grant experience, please indicate the length of experience over time for each staff and which entity they are associated with (primary Applicant or Partner). If acquisition and/or construction activities are included in the Applicant's Workforce Training Program, then the Applicant and/or partner must have at least 1-year of experience with federal grants in carrying out federally funded acquisition and/or construction.
41. Provide details on the level of staff experience with CDBG-DR or other federal grants management. Between the primary Applicant and the identified Partners, indicate how many years of related experience for each staff role listed.
The City of Redding staff has extensive experience with local, state and federal grants including CDBG-DR projects, acquisition, construction, and loans. City staff experience includes a Housing Manager with 30 years' experience, Associate Project Coordinator with 20 years' experience, and Senior Housing Specialist with 20 years' experience. CHYBA Executive Director has 12 years' experience with federal grants, and as many years with local and state education grants.
Provide details on the level of workforce training program experience for this program's key staff and whether they are new hires or existing staff. For any staff recognized as having workforce training program experience, please indicate the length of experience over time for each staff and which entity they are associated with (primary Applicant or Partner). Applicant an/or Partner must have at least 3-years combined experience with workforce training programs. 118
Packet Pg. 204 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner
42. Provide details on the level of staff experience with workforce training programs? Between the primary Applicant and the identified Partners, indicate how many years of experience for each staff with Workforce training experience.
The City of Redding does not have much experience with workforce training programs. Our experience is more general in nature - having extensive experience with all types of CDBG programs including CDBG-DR programs, and housing development projects including all areas from planning to construction to long-term monitoring. We have extensive experience in managing grant funds including short and long term monitoring, reporting, and financial management. CHYBA has 13 years of experience in workforce programs and education. CHYBA's key staff have over 63 combined years of experience in various workforce training programs. One of CHYBA's main Partners is the SMART Workforce Center, a 501 (c)3. SMART has been in the community for over 40 years providing job training, education, and workforce development services. They serve four counties and collaborate with the Employment Development Department and others. SMART has been the primary workforce program in our area for many years. Their partnership will greatly enhance this project.
43. Provide a narrative to identify who will manage the program, their qualifications or experience, how they will manage it, and summarize current licensing and accreditations.
CHYBA staff will be managing the program. Cathy Taylor, Executive Director will be the primary manager of this program. Cathy has 39 years of experience in workforce development and education. She has a Bachelor of Science degree in Education and a master's degree in special education, coupled with a Career Technical Education credential. She will be hiring a Program Manager to assist in managing this project. That employee will be required to have extensive experience in adult education and workforce training. CHYBA is a full affiliate of Youth Build, USA, a national pre-apprenticeship workforce training program where Cathy was recently recognized as Innovator of the Year.
44. Upload organizational chart with lines of responsibility and authority in the administration of your organization. If Partners are part of your application, include their placement in the organization chart including their staff role titles.
City of Redding_Shasta County Workforce Training Program_Org Chart_2024.02.26.pdf.pdf 119
Packet Pg. 205 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner
45. If there are any gaps in current capacity, describe those gaps and how you propose to fill them. Also detail the qualifications and experience required of staff to be hired/procured, if applicable.
We don't believe there are any gaps in current capacity at the Workforce level with CHYBA as the Program Operator, or any of their current or proposed partners. We have full confidence in the ability of those involved in the direct project work. The City of Redding is new to Workforce Development, so this will be a bit of a learning curve. However, we have extensive experience with all types of CDBG programs including CD BG-DR programs, and housing development projects including all areas from planning to construction to long-term monitoring. We have extensive experience in managing grant funds including short and long term monitoring, reporting, and financial management.
46. Do you have Procurement Policies and Procedures?
Yes
Upload Procurement Policies and Procedures.
City of Redding_Shasta County Workforce Training Program_Procurement PnP _2024,2,26.pdf
47. Do you have Policies and Procedures related to Environmental Review in accordance with the National Environmental Protection Act (NEPA)? Yes
Upload Environmental Review Policies and Procedures.
City of Redding_Shasta County Workforce Training Program_NEPA PnP _2024.02.26.pdf All applicants that have acquisition public facility activities included in the project, regardless of funding source, will need to submit acquisition and relocation policies and procedures prior to Standard Agreement.
48. Do you have Policies and Procedures related to acquisition and relocation in accordance with the Uniform Relocation Assistance and Real Property Acquisition Act (URA)?
Yes
Upload URA Policies and Procedures.
City of Redding_Shasta County Workforce Training Program_URA PnP _2024.2.26.pdf 120
Packet Pg. 206 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner All applicants that have construction related public facility activities included in the project, regardless of funding source, will need to submit a section 3 plan prior to Standard Agreement.
49. Do you have a Section 3 Policy and Plan?
N/A
All applicants that have construction related public facility activities included in the project, regardless of funding source, will need to submit construction policies and procedures that include reference to the Davis Bacon and Related Acts (DBRA) prior to Standard Agreement.
50. Do you have Construction Policies and Procedures that include reference to the Davis Bacon and other Related Acts?
N/A
Financial Management will address the following but is not limited to: - Internal controls - Financial reporting - Accounting records - Allowable costs - Budget controls - Cash management - Financial Management Records.
51. Do you have Financial Management Policies and Procedures in accordance with 2 CFR 200?
Yes
Upload Financial Management Policies and Procedures.
City of Redding_Shasta County Workforce Development Training Program_Financial PnP _2024.2.27.xlsx.pdf
Record Management Policies and Procedures should include details on how you will maintain secure files that protect Personal Identifying Information (PII).
52. Do you have Record Keeping and Reporting Policies and Procedures? Yes
Upload Record Keeping Policies and Procedures.
City of Redding_Shasta County Workforce Training Program_Records PnP _2024.02.26.pdf Program administrators are required to make reasonable efforts to provide language assistance to ensure meaningful access for LEP persons to the recipient's programs and activities by:
1. conducting a four-factor analysis,
2. developing a Language Access Plan (LAP), and
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Packet Pg. 207 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner
3. providing appropriate language assistance.
Instructions about how to comply with the LEP requirements and an LAP template are provided in Appendix D of the Policies and Procedures Manual and the Application Workbook Guide.
53. Does your organization have a written plan to address Limited English Proficiency (LEP) beneficiaries in the program?
In Development
54. Is the Equity Survey Form completed?
Yes
55. Is the Legislative Data Form completed?
Yes
SECTION VII: CERTIFICATIONS
By typing my name in the field below, I hereby certify that the information provided in this application is true, correct, and complete to the best of my knowledge. I am aware that making any materially false, fictitious, or fraudulent statement or representation may subject me to penalties under Section 1001 or Title 18 of the United States Code. In addition, I am aware that if I materially violate any required disclosure of violation, including concealing a material fact, I am subject to being fined under this title or imprisoned not more than five years, or both. Applicants that rely on consultants or grant writers to prepare the CDBG-DR application are strongly encouraged to review the application for completeness and correctness prior to submittal.
56. Application Approver Name:
Barry Tippin
57. Upload your signed Statement of Assurances and Certifications (Form in solicitation files)
City of Redding_Shasta County Workforce Training Program_Assurance Cert_2024.2.26.pdf
58. Applicants that have any additional documentation to provide in support of their DR-Workforce application, may upload the documents below:
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Packet Pg. 208 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner Additional File Upload
Additional File Upload
Additional File Upload
Additional File Upload
Additional File Upload
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Packet Pg. 209 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner Community Development Block Grant
Disaster Recovery for 2018 Disasters
CDBG-DR Workforce Development Program
2023 Notice of Funding Availability
Gavin Newsom, Governor
State of California
Lourdes M. Castro Ramírez, Secretary
Business, Consumer Services and Housing Agency
Gustavo Velasquez, Director
California Department of Housing and Community
Development
2020 W. El Camino Avenue,
Suite 500
Sacramento, CA 95833
Telephone: (916) 263-2771
Website: Workforce Development | California Department of Housing and Community Development
Community Development Block Grant-Disaster Recovery
Program email: [email protected]
Exhibit H - NOFA
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Packet Pg. 210 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner September 29, 2023
Table of Contents
I. Overview ................................................................................................................. 1 A. Program Authority ............................................................................................. 1 B. Funding Authorization ....................................................................................... 1 C. NOFA Terms and Definitions ............................................................................ 2 D. Department Rights ............................................................................................ 3 E. Terms of Assistance ......................................................................................... 3 F. Timeline ............................................................................................................ 4 II. Program Description ............................................................................................... 5 A. Program Overview ............................................................................................ 5 B. Period of Performance ...................................................................................... 5 C. Regional Allocations ......................................................................................... 6 III. DR-Workforce Program Requirements ................................................................... 6 A. Eligible Applicants............................................................................................. 6 B. Partners ............................................................................................................ 7 C. Eligible Activities ............................................................................................... 7
1. Workforce Training Programs ........................................................................ 7
2. Participant Supportive Services ..................................................................... 8
3. Public Facilities.............................................................................................. 8 D. Eligible Trainees/Beneficiaries .......................................................................... 9 IV. Application Requirements ....................................................................................... 9 A. National Objective............................................................................................. 9 B. New/Existing Workforce Programs.................................................................... 9 C. Tie-back to Disasters ...................................................................................... 10 D. Duplication of Benefits .................................................................................... 10 E. Expenditure Deadline and Performance Milestones........................................ 10 F. Application Threshold ..................................................................................... 11 G. Applicant Due Diligence.................................................................................. 14 V. Application Submission and Review ..................................................................... 14 A. Workshops and Technical Assistance............................................................. 14 125
Packet Pg. 211 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner B. Application Submission Process ..................................................................... 14 C. Application and Program Resources ............................................................... 15 D. Over-the-Counter............................................................................................ 16
1. Insufficient Demand ..................................................................................... 16 E. Application Review and Award Eligibility ......................................................... 16 F. Awards Announcements ................................................................................. 16 G. Appeals........................................................................................................... 17
1. Basis of Appeals.......................................................................................... 17
2. Appeal Process and Deadlines.................................................................... 17
3. Decision....................................................................................................... 18 H. Standard Agreement....................................................................................... 18 I. Disclosure of Application................................................................................. 18 VI. Workforce Development Program Implementation................................................ 19 A. Federal Requirements .................................................................................... 19 B. Fraud Waste and Abuse ................................................................................. 19
1. False, Fictitious or Fraudulent Claims .......................................................... 19
2. Detecting, Preventing, and Reporting Fraud ................................................ 19
3. Combatting Fraud........................................................................................ 20 126
Packet Pg. 212 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner I. Overview
A. Program Authority
The California Department of Housing and Community Development (HCD) currently administers Disaster Recovery funding, including the 2017 and 2018 CDBG-Disaster Recovery (CDBG-DR) and CDBG-Mitigation (CDBG-MIT) funding.
As per the 2018 CDBG-DR Action Plan, HCD dedicated $40,694,942 to create the Workforce Development Program (“DR-Workforce” or “Program”) to fund eligible entities to create or expand programs in wildfire recovery communities that address the unmet need for specialized training to increase economic opportunities for Low- and Moderate-Income2 Individuals.
In accordance with the Federal Register Notice 83 FR 5844, which outlines the governing principles of the CDBG-DR funding, HCD promotes Workforce Training Programs through Public Services that deliver job training and a wide range of Participant Supportive Services that are necessary to support activities intended to address economic revitalization. Complimenting the primary Public Service activity, Applicants may justify the need to pursue supplemental activities such as acquisition, rehabilitation, or improvements to a Public Facility. For example, an Applicant may need to acquire a building or make improvements to Public Facilities to support the delivery of the Public Service Workforce Training Program in the community.
The 2018 CDBG-DR Action Plan and the DR-Workforce Program Policies and Procedures Manual outline the overall state and federal requirements for the Program. In addition to the DR-Workforce Program Policies and Procedures Manual, the Program’s Subrecipient must comply with federal regulations contained in 83 FR 5844; 24 CFR §570, Subpart I; 24 CFR §570.500; 24 CFR §570.502 and §570.503; 24 CFR §58; and 2 CFR §200, as the same may be amended from time to time. If Congress or the State Legislature add or amend requirements concerning the use or management of these funds, Grantees, and their Subrecipients, shall comply with all such requirements.
B. Funding Authorization
Subject to HUD’s provision of CDBG-DR funds to HCD, funds will be allocated according to federal regulations found in 85 FR 4681, Public Laws 115-254 and 116-20, and governed by the prior Federal Register notices published on February 9, 2018, at 83 FR 5844, August 14, 2018, at 83 FR 40314, February 19, 2019 at 84 FR 4836, and June 20, 2019, at 84 FR 4839 (the “Prior Notices”), 24 CFR §570; 24 CFR §570.502; 24 CFR §570.503 and §570.500(c) and the 2018 CDBG-DR Action Plan. For more information, reference the 2018 CDBG-DR Action Plan found on HCD’s DR website at Action Plans and Federal Register Notices (FRNs) | California Department of Housing and Community 2 See Section I.C. herein for definitions.
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Packet Pg. 213 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner Development, and the DR-Workforce Program Policies and Procedures Manual found on the Workforce Development webpage.
C. NOFA Terms and Definitions3
Acronym Meaning
CDBG-DR Community Development Block Grant Disaster Recovery HCD California Department of Housing and Community Development HCDA Federal Housing and Community Development Act of 1974 HUD U.S. Department of Housing and Urban Development
LMC Low- and Moderate-Income Limited Clientele
LMI Low- and Moderate-Income
NOFA Notice of Funding Availability
Applicant: Local city or county governments (jurisdictions), non-profit organizations, postsecondary educational institutions, or local workforce development boards.
Beneficiary: (Also “participant” or “trainee”) The individuals that benefit from participation in a Workforce Program administered by a Subrecipient.
Duplication of Benefits (DOB): Financial assistance received from another source that is provided for the same purpose as the CDBG-DR funds.
Eligible Applicant: Applicants that are eligible to apply for funds under this Program, as defined in Section 3.A. Eligible Applicants.
Eligible Disaster Impacted Areas: All HUD-Most Impacted and Distressed Areas and HCD-Most Impacted and Distressed Areas as described in the 2018 Action Plan, which are limited to the counties of Butte, Lake, Los Angeles, Shasta, and Ventura.
Low- and Moderate-Income (LMI) Individuals: LMI Individuals are those having family incomes not more than the Moderate-Income level (80 percent Area Median Income) set by the federal government for the HUD assisted housing programs. This income standard changes from year to year and varies by household size, county, and the metropolitan statistical area. The annual HUD income limits for California are on the California Department of Housing and Community Development (HCD) website.
National Objective: In accordance with 24 CFR 570.208, all CDBG-DR funded activities must meet a National Objective as required under 24 CFR 570.200(a)(2). For purpose of this Program, all activities must meet the LMI National Objective through serving a limited clientele (LMC).
3 Additional program specific definitions may also be found in the DR-Workforce Program Policies and Procedures Manual
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Packet Pg. 214 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner Over-the-Counter (OTC): The process in a NOFA of applying for CDBG-DR funding that does not use a competitive rating and ranking process to determine awards. In the OTC process, HCD continuously accepts and evaluates applications through the NOFA open dates until funds are exhausted.
Participant Supportive Services: A range of ancillary services4 offered to support trainees to successfully access and participate in a Workforce Training Program.
Program: The 2018 CDBG-DR Workforce Development Program (“DR-Workforce Development”).
Public Facility: Broadly interpreted by CDBG-DR to include all facilities that are either publicly owned or that are traditionally provided by the government, or owned by a nonprofit, and operated to be open to the general public.
Public Service: Generally described as a commodity or service rendered that serves all members of a community.
Standard Agreement: Successful Applicants will enter into a Standard Agreement with HCD. The Standard Agreement contains a majority of all the relevant state and federal requirements, activity performance requirements, program management requirements, and disbursement requirements. A sample Standard Agreement can be found in the solicitation “files” tab in Grants Network System.
Subrecipient: An Eligible Applicant HCD awarded and entered into a Standard Agreement with HCD for performance of activities under this Program.
Workforce Training Program: Project(s), program(s), or activity(s) that an Applicant proposes in their application or Subrecipient agrees to perform under their Standard Agreement.
D. Department Rights
HCD reserves the right, at its sole discretion and at any time, to rescind, suspend or amend this NOFA and any or all its provisions, including increasing or decreasing available funding amounts. If such an action occurs, HCD will notify interested parties by its listserv email tool and DR-Workforce webpage.
E. Terms of Assistance
Applicants are notified of the following terms of assistance:
• Funds are provided to the awardee for reimbursement of eligible costs. • Funds must be expended by the deadline set forth in the Standard Agreement. 4 See Section III.C.2 for examples of Participant Support Services 129
Packet Pg. 215 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner • HCD may extend the expenditure deadline on a case-by-case basis, if justified, and as permitted by HUD.
• HCD will review invoices and/or receipts submitted prior to distributing funds to the Subrecipient to ensure the incurred costs are eligible, reasonable, and necessary.
Please see HCD’s Financial Report Memo available on the HCD website for additional information about reimbursement policies and procedures. • If at any time costs are deemed ineligible by HCD or HUD after reimbursement, the Subrecipient is responsible for repayment.
• The DR-Workforce grant will not award funds to individuals or for-profit enterprises.
F. Timeline
The timeline below provides an estimate of milestones related to the Workforce Development Program implementation. The Subrecipient’s Workforce Training Program end term is expected to be roughly two years after execution of a Standard Agreement with HCD. The timeline may be modified. Changes will be notified through HCD’s list serve and posted on the website.
Milestone Tentative Date
Pre-NOFA Workshop February 9, 2023
Publish Program Policies and Procedures May 1, 2023
Release NOFA and Application September 29, 2023
NOFA Q&A Workshop October 12, 2023
Application Open/Submittal Start Date September 29, 2023 Deadline to Submit Application February 29, 2024
Notify Awardees November 2023 (rolling basis)
Execute Standard Agreement January 2024 (rolling basis) Expenditure Deadline January 31, 2026
Workforce Program Closeout April 21, 2026
Incomplete applications and applications submitted after the respective closing date/time will not be accepted.
Incomplete application submittals will be rejected and returned to the Applicant for possible resubmittal. HCD recommends Applicants prepare draft applications early to provide ample time for Applicants to request and receive technical assistance from HCD prior to the application submission deadline. Each application will be digitally time 130
Packet Pg. 216 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner stamped upon submittal. Applications will be accepted on an Over-the-Counter first-come, first-served basis.
II. Program Description
A. Program Overview
The purpose of the Program is to fund Workforce Training Programs in the 2018 Eligible Disaster Impacted Areas which include the Counties of Butte, Lake, Shasta, Los Angeles, and Ventura. Eligible Workforce Training Programs must support social and economic recovery by providing high-quality job opportunities to Low- and ModerateIncome Individuals.
Subrecipient Workforce Programs funded through this NOFA must:
• Meet the National Objective to assist Low- and Moderate-Income Individuals. • Be either:
A new program, or
An existing program that is not currently funded by local or state public funds, or
An existing program that is currently funded by local or state public funds, wherein Program funds will be used to expand the program to additional participants or to provide additional services.
• Demonstrate a tie-back to the qualifying disasters.
• Comply with Duplication of Benefits.
• Perform within Program performance period and milestones.
Applicants that propose Workforce Training Programs that go beyond traditional methods of delivery workforce development training are encouraged to apply, such as, Participant Supportive Services, mobile training, or on-the-job vouchers.
A complete list of application threshold requirements is in Section IV F. of this NOFA.
B. Period of Performance
All Workforce Programs will have a period of performance outlined in the Standard Agreement with HCD. No work may commence until the Standard Agreement is executed between both parties and environmental clearance is obtained5. For more details on period of performance requirements refer to the most recently published DR-Workforce Program Policies and Procedures Manual.
5 See Section 5.9.a.1 for additional information on incurring costs prior to full execution of the Standard Agreement.
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Packet Pg. 217 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner C. Regional Allocations
HCD has allocated approximately $40,694,942 to the Workforce Development Program.
This funding has been made available based on a regional grant allocation formula developed to determine a proportionate share of the total Program funds based on the impacts and training needs in each eligible county. HCD will review applications based on threshold criteria for Program eligibility on an Over-the-Counter first-come, first-served basis. Awards will be based on the CDBG-DR amount requested up to the amount still available within the regional grant allocations.
The total available Workforce Development grant funding available per impacted region is outlined below. Separate applications must be submitted for any Workforce Training Programs that serve more than one region. The methodology used to calculate the regional allocations can be found in the Action Plan for Disaster Recovery from 2018 Disasters, Amendment No. 2.
Regional Grant Allocations
Workforce Region
Percent of
Program
Allocation
Regional Grant Allocation
Butte County Region 46 percent $18,742,117.42
Lake County Region 16.3 percent $6,642,191.11
Shasta County Region 15 percent $6,096,458.29
Los Angeles County Region 8 percent $3,283,960.49
Ventura County Region 14.6 percent $5,930,215.29
Total Program Funding 100 percent $40,694,942.60
III. DR-Workforce Program Requirements
A. Eligible Applicants
HCD is using a Subrecipient model to deliver the Program funding. All Applicants awarded funds through this NOFA will enter a Standard Agreement with HCD. Eligible Applicants must provide eligible services, as defined under Eligible Activities in Section III.C below, within the Eligible Disaster Impacted Areas.
Eligible Applicants include:
• Jurisdictions (local city or county governments)
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Packet Pg. 218 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner • Nonprofit organizations
• Postsecondary educational institutions (including career technical institutions) • Local Workforce Development Boards (LWDB)
The following entities will not be considered for an award:
• Individuals
• For-profit business enterprises
B. Partners
HCD encourages Applicants to create formal partnerships for collaboration and increased program impact. Additionally, Applicants may want to partner for the purpose of providing Participant Supportive Services. While Participant Supportive Services are ancillary, they are essential to the success of Workforce Training Programs. Participant Supportive Services are generally considered difficult for the Applicant to provide without partnerships.
Therefore, Applicants that intend to provide Participant Supportive Services are encouraged to partner with entities that have experience in the related service to help increase the chances of trainees’ success in training participation and/or job placement.
Examples of partners that Applicants may find desirable for providing relevant Participant Supportive Services include, but are not limited to:
• Other Eligible Applicants
• Tribal Entities
• Community Based Development Organizations
• Professional and trade associations
• Community Colleges
• Schools and school districts
• Local and regional businesses
• State and local government agencies
• Non-profit organizations
• Medical providers
• Community Based Organizations
• Transportation authorities or agencies
• Other training, job placement, and apprenticeship programs C. Eligible Activities
1. Workforce Training Programs
Workforce training is an eligible Public Service activity in accordance with the Housing and Community Development Act, as amended (HCDA) section 105(a)(8). Workforce training includes programs that support workforce development, apprenticeships, job placement, trade training, and other activities specific to preparing individuals for employment.
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Packet Pg. 219 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner
2. Participant Supportive Services
Participant Supportive Services are also an eligible Public Service activity in accordance with the HCDA, section 105(a)(8). Participant Supportive Services is a range of ancillary services offered to help trainees successfully access and participate in a Workforce Training Program and support gainful employment. In the context of a Workforce Training Program, Participant Supportive Services could be provided by a partner, the Applicant, or a training operator with expertise in the services they offer to help reduce barriers to participation in training and employment.
Examples of Participant Supportive Services include, but are not limited to, health and mental health care, transportation, financial literacy, assistance with securing personal identification, housing placement and stability, life skills development, assistance with childcare, parenting classes, and peer support and mentoring programs, among others.
HCD encourages Applicants to provide Participant Supportive Services either in-house or through partnerships whenever possible. Depending on the anticipated needs of the trainees, Participant Supportive Services can be delivered either in a variety of ways to include, but not limited to, on-site, mobile, or virtual. Applicants must provide a written plan in their application describing what Participant Supportive Services the targeted workforce trainees need and the intended plan to provide the needed services. The Applicant’s Participant Supportive plan must include:
• The Participant Supportive Services needed,
• Who will be providing the services,
• How the services can be accessed by the trainees,
• How was the type of services needed determined, and
• Are the services new or already existing provided services.
3. Public Facilities
HCD understands that for some Applicants to bring Workforce Training Programs to bear, an Applicant may need to acquire land or make improvements to Public Facilities to support the long-term investment in Workforce Training Programs in the community.
Applicants are encouraged to leverage other federal, state, and local funds for Public Facility acquisition/leases and construction improvements but, if an Applicant has no other source to pay for such activities, the Program will consider Public Facility activities for the DR-Workforce Program funding. These activities include:
● Acquisition (including long-term lease) and/or:
● Improvements of Public Facilities, commercial, industrial, and privately owned buildings.
● Rehabilitation of Public Facilities, commercial, industrial, and privately owned buildings.
Applicants should consider whether their Public Facility acquisition and/or improvement can be performed within this program’s performance period. Any acquisition of a Public Facility will require a deed restriction stating no change of use for five years, so the Public 134
Packet Pg. 220 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner Facility will have to be maintained as a Public Facility for a full five years. Additionally, for long-term ground leases, to ensure the HUD funding for the specific program is being used to operate the program for which the application was submitted, long-term leases usually must be paid up-front.
The Workforce Development Program is a client-based program. For Public Facility acquisition, improvement, and/or rehabilitation to be eligible, the Public Facility must be used for an eligible Workforce Training and/or Participant Supportive Service program.
Subrecipients awarded under this program will be required to show that the Public Facility is being used for the intended program by submitting at least one client-based report prior to the end of the performance period as identified in the Subrecipient’s Standard Agreement.
D. Eligible Trainees/Beneficiaries
Each Workforce Training Program must primarily serve LMI Individuals. Applicants must clearly state in the application how they plan to focus their outreach efforts to target LMI Individuals. Applicants must also elaborate in their application how sensitive information (i.e., family income and addresses) from trainees will be collected, tracked, and maintained to demonstrate compliance with the 85 percent LMI trainee participation requirement, which is detailed in the DR-Workforce Program Policies and Procedures Manual. Lastly, because Applicants must make sure to provide services that benefit the Eligible Disaster Impacted Areas, the Applicant should consider who they target and benefit through their Workforce Training Program.
IV. Application Requirements
A. National Objective
The DR funded Workforce Program must demonstrate that all funded activities meet HUD’s Low- and Moderate-Income (LMI) National Objective. Workforce Training Programs must meet requirements for HUD’s LMI National Objective by utilizing the Lowand Moderate-Income Clientele (LMC) category. At least 85 percent of the beneficiaries served by the Workforce Training Program must be LMI Individuals. Applicants must set a program target or goal of serving at least 85 to 100 percent LMI Individuals with its program in the application. Additional details about LMC requirements are contained in DR-Workforce Program Policies and Procedures Manual.
B. New/Existing Workforce Programs
Workforce Programs must be either:
• New programs,
• Existing programs that are not currently funded by local or state public funds; or 135
Packet Pg. 221 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner • Existing Workforce Training Programs that are currently funded by local or state public funds, and Applicant demonstrates that CDBG-DR funds will be used to fund additional capacity and/or an expansion of existing services. To qualify as an expanded service, Applicants must demonstrate a quantifiable increase in the level of an existing service.
To qualify as an existing service, the program should have been in operation for at least 12 months.
C. Tie-back to Disasters
All applications must clearly demonstrate how the Workforce Training Program will support social and economic recovery needs in the Eligible Disaster Impacted Areas from the following federally-declared disasters:
• DR-4382 California Wildfires and High Winds (July 23, 2018 – September 19, 2018)
• DR-4407 California Wildfires (November 08, 2018 – November 25, 2018) Disaster tie-back must clearly show how the proposed Workforce Training Program will address impacts from the applicable disaster on the workforce and the local or regional economy. Tie-back should describe how the program will help improve economic stability, access to opportunities for LMI Workforce Training Program participants, and how the program will support long-term economic and social recovery for impacted communities.
If an Applicant wishes to apply for a program that will serve recovery needs from both disasters, separate applications must be submitted for each disaster since each disaster has separate allocations and grants will be tracked by allocation.
D. Duplication of Benefits
Federal disaster law prohibits the provision of federal assistance in excess of need.
Before making a DR-Workforce award and reimbursing activity costs with CDBG-DR assistance, HCD must verify that the assistance will not cause a Duplication of Benefits (DOB), meaning that the cost has not and will not be paid by another source intended for the same purpose. HCD and Subrecipients must follow HUD’s DOB requirements, which are outlined in the DR-Workforce Program Policies and Procedures Manual. Applicants must complete a total activity budget in the application listing all additional funding sources, along with a completed DOB Affidavit.
E. Expenditure Deadline and Performance Milestones
Proposed Workforce Training Programs should be actionable, measurable, and ready to commence shortly after award and pursuant to Section 5 of Exhibit A of the Standard Agreement.
All CDBG-DR funded Workforce Training Programs must address the performance milestones defined in Exhibit A Section 5 of the Standard Agreement. A copy of said 136
Packet Pg. 222 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner agreement can be found in the solicitation files tab in the Grants Network System. The Applicant must submit a program schedule that clearly demonstrates compliance with each of those performance milestones. HCD recommends copying each performance milestone from the Standard Agreement and incorporating into the Applicant’s program schedule. Performance milestones generally cover such things as completion date of environmental review, commencement of Workforce Training Program, timely expenditure of funds, timely service to beneficiaries, and expenditure deadline. The expenditure deadline for each activity funded under this Program is provided in the Standard Agreement for that activity. Please review the Standard Agreement template available in the Files tab of this solicitation for specific information regarding performance milestones.
F. Application Threshold
Applicants must meet all threshold requirements to be considered eligible for an award.
All threshold requirements are outlined in the table below.
1. Application contains completed Statement of Certifications and Assurances, and Fi$Cal Government TIN Form (required for all jurisdictions) or Payee Data Record Standard 204 Tax Form (required for all non-profits). Form templates are available in the Files tab of this solicitation.
2. Application includes an outreach and marketing plan that includes:
Clear statement identifying who is in the Subrecipient’s Workforce Training Program target population.
Target population must be 85% LMI population at minimum. Clear plan for outreach to target population.
3. Applicant demonstrates in the application how the Subrecipient Workforce Program is either:
a new program, or
an existing program that is not currently funded by local or state public funds, or an existing program that is currently funded by local or state public funds, but Program funds will be used on expanded services.
4. Applicant demonstrates in the application how their Workforce Training Program clearly ties-back to 2018 disasters, DR-4407 and/or DR-4382 by describing how the workforce training supports social and economic recovery of the Eligible Disaster Impacted Areas. The tie-back narrative should include details on how the training program will help improve economic stability, provide access to opportunities for LMI participants, and support long-term economic and social recovery for impacted communities.
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Packet Pg. 223 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner
5. Applicant must provide a written descriptive Participant Supportive Service plan including the following details:
The Participant Supportive Services needed.
Who will be providing the services.
How the services can be accessed by the trainees.
How was the type of services needed determined, and
Are the services new or already existing services provided.
6. Application must contain the Subrecipient Workforce Training Program schedule with significant program dates, including start date, end dates, expenditure date, and all milestones provided within the Standard Agreement. Workforce Program’s schedule shows that the services can be provided within the grant expenditure deadline and all performance milestones.
7. Applicant demonstrates in the application how the Subrecipient Workforce Training Program is designed to implement an eligible Public Service activity that will support job training opportunities for LMI Individuals.
8. Applicant must qualify as a jurisdiction, nonprofit, postsecondary educational institution, or local workforce development board.
Applicants that are nonprofit organizations must provide documentation of their 501(c)3 status and provide a copy of their bylaws.
9. a) Applicant identifies which of one of the Eligible Disaster Impacted Areas the Applicant plans to serve, and b) Applicant clearly states how the Applicant will be providing eligible services within one of the Eligible Disaster Impacted Areas or that Applicant’s provided eligible services will benefit one of the Eligible Disaster Impacted Areas.
10. CDBG-DR funds will not result in a Duplication of Benefits. Applicant must demonstrate that if awarded CDBG-DR funds, the awarded funds will not result in a Duplication of Benefits through completion of the total activity budget showing all sources of funds, and by signing a completed DOB Affidavit at the time of application submission.
11. Application must include a detailed scope of work that, at minimum, includes:
Clear description of the services that will be provided. Who will provide the Public Services, Workforce Training Program, and Participant Supportive Services.
Steps that have been completed and/or must be completed to initiate the Workforce Training Program; describes available training facility(s), or mobile 138
Packet Pg. 224 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner training methodology; if applicable, provides clear and detailed explanation and descriptions of all acquisition and/or capital improvements needed to provide for a training facility to deliver the Workforce Training Program. Workforce training course description.
List of proposed occupations/trades for training activities. Clear statement that income eligible trainees will receive training services at no cost.
12. Application includes a budget narrative that at minimum includes:
Itemized list of how CDBG-DR funds will be spent.
A description of how the planned expenditures were estimated to ensure costs are reasonable and necessary for the planned actions.
The cost of training per trainee (if applicable).
13. Application includes a completed total activity budget (Excel template available in the solicitation files tab in the Grants Network System) that clearly identifies all funding sources for the Subrecipient Workforce Training Program.
14. Application fills out a completed CDBG-DR Budget that is provided in Grants Network.
15. Description of Applicant/partner experience. Applicant and/or partner must have at least 3-years combined experience with Workforce Training Programs.
16. If acquisition and/or construction activities are included in the Applicant’s Workforce Training Program, then the Applicant and/or partner must have at least 1- year of experience with federal grants in carrying out federally funded acquisition and/or construction.
17. Application includes the applicable signed Authorizing Resolution using the resolution template available in the solicitation files tab in the Grants Network System.
18. National Environmental Policy Act environmental review form (note: additional environmental review may be necessary for programs completing a Public Facility activity).
19. Applicant must fill out all parts of the application and submit a completed application within Grants Network. A complete application includes the following forms: profile, application, equity survey, legislative, and CDBG-DR budget located under separate tabs within Grants Network; along with all supporting documentation. 139
Packet Pg. 225 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner
20. Only applications submitted within the open application period will be accepted for review.
G. Applicant Due Diligence
Applicants will be expected to complete document and narrative requests for program due diligence prior to award. While most of the due diligence requirements are included in the application, different projects have different requirements and may require due diligence documentation outside of the information requested in the application. Due diligence requests will be presented as requests for information and Applicants will have 10 business days to respond to requests for due diligence information. Failure to timely complete due diligence and provide any requested information to HCD will result in an ineligible application, from which the applicant may resubmit.
V. Application Submission and Review
A. Workshops and Technical Assistance
HCD has hosted a Pre-NOFA workshop, available online at Workforce Development | California Department of Housing and Community Development, in the Resources section, and is scheduled to host a follow-up NOFA workshop on October 12, 2023 at 10:00 a.m.
PST. The NOFA workshop date, time, and registration link is available on HCD’s Workforce Development | California Department of Housing and Community Development webpage. Both Pre-NOFA and NOFA workshop slides and recordings will be posted to the webpage after the live presentation. HCD will be available to provide technical assistance and feedback on draft applications throughout the application process. HCD will also post webinar slides and FAQs that will provide an overview of the Program, discuss Program priorities, and inform potential Applicants of any additional technical assistance opportunities and general Program requirements.
To receive CDBG-DR NOFA FAQs and other Program information and updates, please subscribe to the Federal Programs listserv at Email Signup | California Department of Housing and Community Development. For information on this Program please choose the “Disaster Related” subscription. If you have any questions, send an email to [email protected].
B. Application Submission Process
Applications must be complete at the time of submittal. Incomplete applications will be rejected and returned to Applicants. Applicants can resubmit once the application has been completed, but not later than February 29, 2024, 5:00 p.m. PST. The date/time the revised complete application is received will be the updated Applicant’s submission date/time for review. All required fields must be filled with correct and pertinent information and all required attachments must be included for an application to be deemed complete. The application and all required attachments must be submitted to 140
Packet Pg. 226 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner HCD through the Grants Network Portal. Applicants must certify that all information is true and complete to the best of their knowledge, on penalty of perjury.
Applicants must follow instructions in this NOFA. Applications must be submitted within the application closing date and time as established in this NOFA. Applicants that do not have an account with the Grants Network System should log into the Grants Network System registration portal as soon as possible. Use the “Create an account” option to initiate a free profile. If Applicants have any questions regarding Grants Network account setup, please email [email protected].
Applications must address all threshold criteria listed in Section IV F. upon submission. It is the Applicant’s responsibility to ensure that the submitted application is clear, complete, and accurate. Applicants may request feedback and technical assistance from HCD staff throughout preparation of their application. Application Technical Assistance may be requested via HCD’s Technical Assistance Request Form, located in the solicitation “files” tab. HCD staff will be available for Application Technical Assistance sessions throughout the NOFA open period until all awards are made.
HCD may request clarifying information, but incomplete applications will be returned to draft and will not be considered as received for purposes of determining first-come-firstserved status. Applicants are strongly recommended to review the DR-Workforce Program Policies and Procedures Manual prior to submitting applications for program requirements.
C. Application and Program Resources
Application resources may be accessed online DR-Workforce webpage, or through the Grants Network System in the “Files” tab and include:
o Map of the Eligible Disaster Impacted Areas
o Sample Standard Agreement
o Authorizing Resolution Template (jurisdictions)
o Authorizing Resolution Template (organizations)
o Authorizing Resolution Template (Tribal Government Partners) o Certifications and Statement of Assurances
o Fi$Cal Local Government TIN Form (for jurisdictions)
o Standard 204 Tax Form (for organizations)
o Total Activity Budget Template
o DOB Affidavit
o Trainee Income Packet
o Income Self-Certification Sample
o Language Access Plan (LAP) Template
o Limited English Proficiency (LEP) Requirements
o Financial Report Memo
o Application Guide and supporting documents
o Policies and Procedures
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Packet Pg. 227 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner o Environmental Review Forms
o HUD Playing by the Rules Handbook for Subrecipients
o Other resources as available
D. Over-the-Counter
HCD will review applications Over-the-Counter on a first come, first-served basis that have been timely submitted during the open application period (i.e., Application Start Date and Application Close Date). Applications will be reviewed in the order that they are received.
• If an application meets all threshold criteria, the Applicant will be eligible to receive an award in the CDBG-DR amount requested up to the amount still available in regional funds.
• If eligible funding requests from the same region exceed the respective region’s available grant funding, funds will be awarded in the order that eligible applications are received until all the region’s allocation is obligated.
1. Insufficient Demand
If there are insufficient applications to fully award the funds allocated to any given region, HCD may, in its sole discretion, reopen the application portal again, redistribute remaining available funds across regions to make additional awards based on the order of submittals, reallocate funds to other regions in the Program to address over-subscription in other regions, or reallocate remaining funds to other Disaster Recovery needs or activities as identified in the 2018 CDBG-DR Action Plan, as amended.
E. Application Review and Award Eligibility
Applications are reviewed by HCD based on threshold criteria. Applications that do not meet all threshold criteria will be rejected. Incomplete applications will be returned as draft in Grants Network. HCD may reach out to Applicants with requests which include questions for clarifying information. Applicants will have 10 business days to respond to these HCD requests for information. Applicants that do not respond to HCD requests for information within 10 business days will have their application returned to draft and will lose their place in the submittal queue.
F. Awards Announcements
HCD will review applications and make first-come, first-serve award recommendations according to the threshold criteria. Awards will be made on a rolling basis. Applicants that are recommended for awards will be notified via email and provided with an opportunity to update program schedules or other data that may have aged during the Applicant review period.
142
Packet Pg. 228 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner Applicants are required to accept and manage awards through the Grants Network System. The award notification will include instructions for accepting or declining the award and will be followed with an executable Standard Agreement.
Applicants that are not recommended for awards will be notified via letter from HCD.
G. Appeals
1. Basis of Appeals
a) Applicants may appeal HCD’s written determination that an application is incomplete, has failed threshold review, or has otherwise been determined to provide an insufficient basis for an award (including point scoring and tie breaker).
b) At the sole discretion of HCD, the DR-Workforce Department’s written determination may include a request for clarifying and/or corrective information. For purposes of this section, “clarifying information” includes information and/or documentation that resolves ambiguities in any application materials that will inform the DRWorkforce Department’s threshold, scoring and feasibility determinations.
c) No Applicant shall have the right to appeal a decision of HCD relating to another Applicant’s application (e.g., eligibility, award). d) Any request to appeal HCD’s decision regarding an
application shall be reviewed for compliance with the Guidelines and this NOFA. All decisions rendered shall be made by the Program Manager or his/her designee. The decision shall be final, binding, and conclusive, and shall constitute the final action of HCD. e) The appeal process provided herein applies solely to decisions of HCD made pursuant to this NOFA.
2. Appeal Process and Deadlines
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Packet Pg. 229 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner a) Process: To file an appeal, Applicants must submit to HCD, by the deadline set forth below, a written appeal which states all relevant facts, arguments, and evidence upon which the appeal is based.
Furthermore, the Applicant must provide a detailed reference to the area or areas of the application that provide clarification and substantiation for the basis of the appeal. No new or additional information will be considered if this information would result in a competitive advantage to an Applicant. Once the written appeal is submitted to HCD, no further information or materials will be accepted or considered thereafter. Appeals are to be submitted to HCD at [email protected] according to the deadline set forth in HCD review letters.
b) Filing Deadline: Appeals must be received by HCD no later than five (5) business days from the date of HCD’s threshold review, or initial score letters, as applicable, representing HCD’s decision made in response to the application.
3. Decision
Any request to appeal HCD’s decision regarding an application shall be reviewed for compliance with the Guidelines and this NOFA. All decisions rendered shall be final, binding, and conclusive, and shall constitute the final action of HCD.
H. Standard Agreement
Successful Applicants (Subrecipients) will enter into a Standard Agreement with HCD. A sample of the Standard Agreement is provided in the solicitation files tab of the Grants Network System. Applicants shall have 15 number of calendar days of receipt of the Standard Agreement to sign and return it to HCD, and if they fail to do so, then their award will be voided, and they will not be entitled to any funding under this NOFA.
I.Disclosure of Application
Information provided in the application will become public record available for review by the public pursuant to the California Public Records Act (California Government Code §6250, et.seq). As such, HCD may disclose all materials provided by the Applicant to any individual making a request under this Act. HCD cautions Applicants to use discretion in providing information not specifically requested, including, but not limited to, bank account numbers, personal phone numbers, home addresses, or other personally identifying information. By providing this information to HCD, the Applicant is waiving any claims of 144
Packet Pg. 230 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner confidentiality, and consents in advance to HCD’s disclosure of the Applicant’s material upon receipt of a Public Records Act request.
VI. Workforce Development Program Implementation
A. Federal Requirements
CDBG-DR funded activities are required to meet all Federal Cross-Cutting Requirements, including, but not limited to,
• Environmental Standards (based on National Environmental Policy Act of 1969 [NEPA])
• Labor Standards (Davis-Bacon and related laws)
• Fair Housing and Affirmatively Furthering Fair Housing • Equal Opportunity and Non-Discrimination in Federal Grant Programs • Federal Procurement Guidelines
• National Flood Insurance Program compliance
• Relocation and displacement requirements
• Employment and Contracting Opportunities Section 3 compliance • Lead-based paint requirements
• No use of debarred, ineligible, or suspended contractors or subrecipients • Uniform Administrative Requirements and Cost Principles compliance • Conflict of interest prohibitions
• Architectural Barriers Act and the Americans with Disabilities Act compliance • Compliance with Eligibility Restrictions for certain resident aliens • Federal reporting requirements
• Grant and Subrecipient monitoring requirements
These requirements are addressed in detail in the DR-Workforce Program Policies and Procedures Manual. Subrecipients will be expected to comply with all applicable requirements as noted in the both the DR-Workforce Program Policies and Procedures, and the Standard Agreement.
B. Fraud Waste and Abuse
1. False, Fictitious or Fraudulent Claims
Warning: Any person who knowingly makes a false claim or statement to HUD or the Department may be subject to civil or criminal penalties under 18 U.S.C. §287, 1001 and 31 U.S.C. §3729.
2. Detecting, Preventing, and Reporting Fraud
Fraud is a white-collar crime that has a devastating effect on the CDBG-DR program because the CDBG-DR program beneficiaries are victims of this crime when the CDBGDR program is abused. The Department wants to stop any criminal assault on the CDBGDR program it administers, and in doing so ensure all CDBG-DR funds go to people it was designed to help and improve their living conditions. 145
Packet Pg. 231 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner
3. Combatting Fraud
The HUD Office of Inspector General (OIG) is committed to protecting HUD’s programs, operations, and beneficiaries from dishonest individuals and organizations. HUD cannot combat fraud alone; they rely on HCD and DR Workforce Development NOFA Applicants to combat CDB-DR program fraud. HUD also relies on Applicants and people receiving HUD benefits, such as: tenants receiving rental assistance, borrowers with HUD insured loans, or citizens having their communities restored using HUD grants. The HUD OIG Hotline number is 1-800-347-3735. This is the primary means to submit allegations of fraud, waste, abuse, mismanagement, or Whistleblower related matters for the CDBG-DR program to the OIG.
HUD OIG accepts reports of fraud, waste, abuse, or mismanagement in the CDBG-DR program from HUD employees, anyone administering the CDGB-DR program, anyone working in the CDBG-DR program, contractors, and the public.
You can report mismanagement or violations of law, rules, or regulations by HUD employees or program participants. Fraud, waste, and abuse in the CDBG-DR program and its operation may be reported in one of the following four (4) ways:
1. By email to: [email protected]
2. By phone: Call toll free: 1-800-347-3735
3. By fax: 202-708-4829
4. By mail: - U.S. Department of Housing & Urban Development Office of Inspector General Hotline Manager
400 Virginia Avenue, SW, Suite 120
Washington, DC 20024
4. Whistleblower Protection Acts
Federal Whistleblower Protection Act (5 U.S.C Section 2302(b)(8)) The Federal Whistleblower Protection Act (WPA) protects employees from retaliation for making protected disclosures. The WPA also provides penalties for supervisors who retaliate against Whistleblowers.
1. A disclosure is protected under the WPA if the employee discloses information the employee reasonably believes to be evidence of:
a. a violation of any law, rule, or regulation,
b. gross mismanagement,
c. a gross waste of funds,
d. an abuse of authority, or
e. a substantial and specific danger to public health or safety. 146
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2. In general, an employee or applicant may make a protected disclosure to anyone, including non-governmental audiences, unless the information is classified or specifically prohibited by law from release. Options for making a protected disclosure include:
a. Informing a supervisor or someone higher up in management, b. Submitting a complaint to the OIG by emailing the OIG at [email protected], c. Filing a complaint with the Office of Special Counsel (OSC) http://www.osc.gov/
The California Whistleblower Protection Act (Title 2, Division 1, Chapter 6.5, Article 3.5, Gov. Code §§ 8548-8548.5)
The California Whistleblower Protection Act authorizes the California State Auditor to receive complaints from state employees and members of the public who wish to report an improper governmental activity. An "improper governmental activity" is any action by a state agency or any action by a state employee directly related to state government that:
(1) Violates any state or federal law or regulation,
(2) Violates an Executive Order of the Governor, a California Rule of Court, or any policy or procedure required by the State Administrative Manual or State Contracting Manual, or (3) Is economically wasteful or involves gross misconduct, incompetency, or inefficiency.
Complaints received by the State Auditor are confidential, and the identity of the complainant may not be revealed without the complainant's permission, aside from to an appropriate law enforcement agency conducting a criminal investigation.
A. There are many ways to file a complaint:
1. By Telephone
You may call the Whistleblower Hotline at (800) 952-5665 to file a complaint by talking to one of the State Auditor's employees. The hotline generally is staffed Monday through Friday from 8:00 a.m. to 5:00 p.m. If you call when the hotline is not being staffed, or staff is occupied with other calls, you may leave a voicemail message requesting a return call.
2. By Mail or Facsimile
You may file a complaint in the form of a letter to the State Auditor addressed as follows:
Investigations
California State Auditor
P.O. Box 1019
Sacramento, CA 95812
147
Packet Pg. 233 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner Or you may fax the letter to the State Auditor at (916) 322-2603.
As an alternative, you may complete the electronic version of the complaint form (which is available on the State Auditor website at auditor.ca.gov), print it out, and return it by mail or facsimile as stated above.
3. Online
Although the State Auditor does not accept complaints by email, you may file a complaint online at https://www.auditor.ca.gov/contactus/complaint.
The State Auditor will not undertake an investigation unless there is a basis for believing that your complaint has sufficient merit to warrant spending resources on an investigation. Your complaint should therefore include:
1. A clear and concise statement of what you are alleging to be improper activity and why you believe it is improper.
2. The name or other information that clearly identifies the person you are alleging has acted improperly and the department where that person works.
3. The names and contact information for any witnesses who can confirm the truth of what you are saying.
4. Copies of any documents that will support what you are saying. (You should not submit original documents, as they cannot be returned.)
148
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Recovery 2018
CDBG DR-Workforce Development Program
2023 Policies and Procedures Manual
Gavin Newsom, Governor
State of California
Lourdes M. Castro Ramirez, Secretary
Business, Consumer Services and Housing Agency
Gustavo Velasquez, Director
California Department of Housing and Community
Development
2020 W. El Camino Avenue,
Suite 500
Sacramento, CA 95833
Telephone: (916) 263-2771
Website: Workforce Development | California Department of Housing and Community Development
Community Development Block Grant-Disaster Recovery Program Program Email: [email protected]
March 4, 2024
Exhibit I
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1. Version Policy
Version history is tracked in the table below, with notes regarding version changes. The dates of each publication are also tracked in the table.
Substantive changes within this document that reflect a policy change will result in the issuance of a new version. Future policy changes will result in additional revision and the issuance of a new primary version number.
Non-substantial changes, such as minor wording and editing or clarification of existing policy that do not affect the interpretation or applicability of the policy, will be included in minor version updates denoted by a sequential number increase behind the primary version number. Such changes would result in a version number such as 2.1, 2.2, etc. a. Table 1: Version History Table
Version
Number Date: Description of Revisions
Draft v1.0 September
2022
Initial Draft: Policies and Procedures are subject to change at the sole discretion of the -DR-Workforce Development Program Staff.
Draft v2.0 April 2023 • Definition to LMC expanded to clarify clientele qualified group.
• Added definitions for Tribal Entities.
• New or expanded programs description updated.
• Removed Vulnerable Populations.
• Updated National Objective section to clarify income
self-certification process and verification.
• Added Activity Costs and Activity Delivery Costs
details.
• Updated document to reflect all workforce recovery
industries that tie back are eligible, not just
construction trades.
• Revised Program Description.
• Added HCD and Program LMI beneficiary goals.
• Document language updated to match most updated
NOFA.
• Added Authorizing Resolution Templates section,
appendices D-1 and D-2, including the Tribal specific
Authorizing Resolution Template, Appendix D-3.
• Added Procurement Requirements.
Draft v3.0 September
2023
• Expanded on how the LMC national objective is met.
• Expanded on budget considerations, specifically how
Subrecipients should be able to estimate the per
trainee cost of the program.
• Added Appendix B – Self-Certification of Annual
Income form.
• Added Appendix C – Income Verification Packet.
150
Packet Pg. 236 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner • Clarified difference between: HUD’s LMC national
objective LMI threshold (51%), HCD’s LMI
participation requirement (85%) and HCD’s LMI
participation goal (85-100%).
• Changed Program Timeline to Performance Period.
• Updated webpage links.
• Updated Appendix labels to accommodate new
appendices.
• Update to the change of use policy for acquisitions.
Draft v4.0 December
2023
• Expanded on Eligible and Ineligible Applicant
definitions.
• Clarified Partner Requirements.
• Update to Appendix B: Self-Certification of Annual
Income Form.
Draft v5.0 March 2024 • Updated Appeals language.
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2. Table of Contents
1. Version Policy .................................................................................................................. 2 a. Table 1: Version History Table.................................................................................................................... 2
2. Table of Contents............................................................................................................. 4
3. General............................................................................................................................ 7
3.1. Purpose and Scope .............................................................................................................. 7
3.2. Funding Authorization ......................................................................................................... 8
3.3. Performance Period............................................................................................................. 8
3.4. Terms and Definitions.......................................................................................................... 8 a. Table 2: Acronyms...................................................................................................................................... 8
3.5. Program Description.......................................................................................................... 12
3.6. Program Regional Allocations............................................................................................ 13 a. Table 3: Regional Grant Allocations..........................................................................................................14
3.7. Regional Allocation Formula Methodology ........................................................................ 14
3.8. Terms of Assistance Summary ........................................................................................... 14
3.9. Program Outreach ............................................................................................................. 16
4. Program Requirements.................................................................................................. 16
4.1 Eligible Activities ............................................................................................................... 16 a. Public Service Activities............................................................................................................................16 b. Public Facilities Activities..........................................................................................................................17
4.2 Geographic Requirements ................................................................................................. 18 a. Eligible Disaster Impacted Areas (Appendix A)........................................................................................18
4.3 Eligible Applicants ............................................................................................................. 18 a. Eligible Applicants include:.......................................................................................................................18
4.4 Eligible Applicant Partners................................................................................................. 18
4.5. National Objective Requirement............................................................................................. 21 a. Low- and Moderate- Income Clientele (LMC) category............................................................................21 b. National Objective Required Documentation ..........................................................................................21 c. LMI Eligibility Determination....................................................................................................................22
4.6. Eligible Trainee/Beneficiary..................................................................................................... 23
4.7. Tie-Back to Disasters ......................................................................................................... 23
4.8. Budget Considerations....................................................................................................... 24
4.9. Eligible Activity Costs......................................................................................................... 24
4.10. Types of Eligible Activity Costs........................................................................................... 25 a. Public Service Eligible Activity Costs.........................................................................................................25 b. Public Facilities Eligible Activity Costs.......................................................................................................26
4.11. Activity Delivery Costs....................................................................................................... 27 a. An ADC must be:.......................................................................................................................................27 152
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4.12. Types of Activity Delivery Costs (ADCs).............................................................................. 27 a. Activity Delivery Costs in Public Facility Activities:...................................................................................27 b. Examples of Eligible DR-Workforce Public Facility/Construction ADCs:...................................................27 c. Activity Delivery Costs in Public Service Activities:...................................................................................27
4.13. Ineligible Costs .................................................................................................................. 28 a. Repayment ...............................................................................................................................................29
4.14. Subrecipient Requirements ............................................................................................... 29
5. CDBG-DR and Cross-Cutting Federal Requirements........................................................ 29
5.1. Capacity to Deliver Services............................................................................................... 30
5.2. Limited English Proficiency (LEP)........................................................................................ 30
5.3. Duplication of Benefits...................................................................................................... 30
5.4. Duplication of Benefits Verification ................................................................................... 31 a. DR-Workforce Applicant...........................................................................................................................31
5.5. Section 3 of the HUD Act of 1968....................................................................................... 31 a. Section 3 Clause........................................................................................................................................32
5.6. Supplanting Funds............................................................................................................. 34
5.7. Cost Reasonableness......................................................................................................... 34
5.8. Recapture.......................................................................................................................... 34
5.9. Environmental Review....................................................................................................... 35 a. Environmental Review Procedures...........................................................................................................36 b. Flood Insurance and Floodplain Elevation Requirements........................................................................36
5.10. Conflicts of Interest ........................................................................................................... 37
5.11. Americans with Disabilities Act.......................................................................................... 37
5.12. Copeland Act’s Anti-Kickback Provision ............................................................................. 37
5.13. Contract Work Hours and Safety Standards Act ................................................................. 38
5.14. Equal Employment Opportunity Act .................................................................................. 38
5.15. Minority- and/or Women-Owned Business Enterprises ..................................................... 38
5.16. Fair Labor Standards Act of 1983 as Amended ................................................................... 39
5.17. Davis-Bacon Labor Standards............................................................................................. 40
5.18. Fair Housing ...................................................................................................................... 41
5.19. Residential Anti-Displacement........................................................................................... 41
5.20. Uniform Relocation Act ..................................................................................................... 41 a. Real Property............................................................................................................................................41
5.21.Financial Management........................................................................................................... 42
5.22. Insurance and Property Management................................................................................ 42
5.23. Record Keeping, Retention and File Management ............................................................. 43 a. Administrative Records ............................................................................................................................43 153
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5.24. Procurement Policy ........................................................................................................... 44
5.25. Audit Trail ......................................................................................................................... 45
5.26. Fraud, Waste and Abuse.................................................................................................... 45
5.27. Activity Delivery Costs of a Failed Project .......................................................................... 46
6. Operating Procedures.................................................................................................... 47
6.1. Award Criteria ................................................................................................................... 47 a. Authorizing Resolution .............................................................................................................................47 b. Eligibility ...................................................................................................................................................47
6.2. Award Announcements..................................................................................................... 48
6.3. Funding Commitments ...................................................................................................... 48
6.4. Standard Agreement ......................................................................................................... 48
6.5. Agreements with Contractors or Other Parties .................................................................. 49
6.6. Document Retrieval Process.............................................................................................. 50
6.7. Disbursement of Funds...................................................................................................... 50 a. Documentation of Expenditures...............................................................................................................50 b. Timeliness of Expenditures.......................................................................................................................50
6.8. Reporting Requirements.................................................................................................... 51
6.9. Monitoring and Compliance .............................................................................................. 52 a. HCD’s Monitoring of Subrecipients..........................................................................................................52 b. Subrecipient Monitoring Responsibilities................................................................................................. 53
6.10. Grant Closeout .................................................................................................................. 54 a. Individual Activity Closeout Checklist.......................................................................................................54 b. Closeout of a Contract..............................................................................................................................55
7. Appendices .................................................................................................................... 57 APPENDIX A: Map of the Eligible Disaster Impacted Areas............................................................. 57 APPENDIX B: Self Certification of Annual Income Form .................................................................. 57 APPENDIX C: Income Verification Packet........................................................................................ 57 APPENDIX D-1: Limited English Proficiency (LEP) Requirements..................................................... 57 APPENDIX D-2: LAP Template for LEP............................................................................................ 57 APPENDIX E-1: Authorizing Resolution Template for Jurisdictions.................................................. 57 APPENDIX E-2: Authorizing Resolution Template for Organizations................................................ 57 APPENDIX E-3: Authorizing Resolution Template for Tribal Governments ...................................... 57 154
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3. General
3.1. Purpose and Scope
This manual summarizes the program requirements, program deadlines, and CrossCutting Federal Requirements that must be adhered to for the DR-Workforce Program.
In addition to this Policies and Procedures Manual, Subrecipients should review the State’s 2018 CDBG-DR Action Plan, and HCD’s most recently published version of the Grants Administration Manual for further details about CDBG-DR procedures and requirements, including rules for specific projects or programs, protocols for demonstrating capacity, and specific eligible and ineligible costs.
In response to the 2018 California wildfire disasters (FEMA declarations: DR-4382-CA and DR-4407-CA), the U.S. Department of Housing and Urban Development (HUD) allocated $1,017,399,000 in Community Development Block Grant-Disaster Recovery (CDBG-DR) funds to the State of California Department of Housing and Community Development (HCD) to assist housing recovery and to benefit Low- and ModerateIncome Individuals impacted by the 2018 wildfire disasters.
Of the total CDBG-DR 2018 HUD allocation, HCD dedicated $40,694,942 to create the Workforce Development Program (“DR-Workforce”) to fund eligible entities to create or expand programs in the 2018 wildfire recovery communities that address the unmet need for specialized training to increase economic opportunities for Low- and ModerateIncome Individuals. Moreover, the State identified in its Unmet Needs Assessment within the State’s 2018 CDBG-DR Action Plan that extensive economic recovery needs remain that directly correlate to the ability to bring back housing. The DR-Workforce Program provides assistance to meet the needs of rebuilding the skilled labor force required to construct new housing and infrastructure projects in the impacted communities.
CDBG-DR funds are intended to supplement and will not supplant other funding sources. CDBG-DR funds may only be used as a source to fill a funding gap of an otherwise eligible project. Typically, CDBG-DR funds leverage other recovery assistance programs administered by the Federal Emergency Management Agency (FEMA) and the Small Business Administration (SBA), but CDBG-DR can leverage any private or public funding sources. CDBG-DR funds cannot duplicate funding available from federal, state, or local governments, private and Nonprofit organizations, insurance proceeds, or any other source of assistance meant for the same purpose. CDBG-DR funds may be used to match other federal resources and can also be used in combination with Department of Health and Human Services (HHS) and Social Services Block Grants (SSBGs).
HCD and Subrecipients must comply with federal regulations contained in 83 FR 5844; 24 CFR §570, Subpart I; 24 CFR §570.502; 24 CFR §570.503 and §570.500(c); 24 CFR §58; and 2 CFR §200. See 24 CFR §570.480 et seq. for additional general provisions. If HUD, Congress, or the State Legislature add or amend requirements concerning the use or management of these funds, HCD, and their Subrecipients, must comply with such requirements. For example, such an amendment recently occurred 155
Packet Pg. 241 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner regarding the requirements and implementation of Section 3. The Section 3 Final Rule took effect in October 2020 in accordance with 85 FR 60907. 1 Subrecipients should review all applicable federal regulations, disaster specific Federal Register Notices and State’s 2018 CDBG-DR Action Plan and the Grant Administration Manual for detailed information on all applicable CDBG-DR Cross-Cutting Federal Requirements, and state and local statues, rules, and regulations.
3.2. Funding Authorization
Funds will be allocated according to federal regulations found in 85 FR 4681, Public Laws 115-254 and 116-20, and governed by the prior Federal Register Notices published on February 9, 2018 at 83 FR 5844, August 14, 2018, at 83 FR 40314, February 19, 2019 at 84 FR 4836, and June 20, 2019 at 84 FR 4839 (the “Prior Notices”), 24 CFR §570; 24 CFR §570.502; 24 CFR §570.503 and §570.500(c) and the State’s 2018 CDBG-DR Action Plan, as amended2.
3.3. Performance Period
All awarded Workforce Training Programs will have a period of performance of roughly two years from the date that the Standard Agreement is executed between HCD and the Subrecipient, and the expenditure deadline. An estimate of Program milestones is reflected in the DR-Workforce NOFA.
3.4. Terms and Definitions
a. Table 2: Acronyms
Acronym Meaning
CDBG-DR Community Development Block Grant Disaster Recovery CFR Code of Federal Regulations
DRGR HUD’s Disaster Recovery Grant Reporting System
FRN Federal Register Notice
HCD State of California Department of Housing and Community Development
HCDA Housing and Community Development Act of 1974, as
amended
HUD U.S. Department of Housing and Urban Development
LMC Low- and Moderate- Income Limited Clientele
LMI Low- and Moderate- Income
NOFA Notice of Funding Availability
1 Section 3 - HUD Exchange 2 Action Plans and Federal Register Notices (FRNs) | California Department of Housing and Community Development
156
Packet Pg. 242 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner Activity Costs: Direct costs from undertaking a project, which can be tied to a final cost objective and eligible activity.
Activity Delivery Costs (ADC): Allowable costs incurred for implementing and carrying out eligible CDBG-DR activities. ADCs cover the costs of staff directly carrying out the activity in addition to engineering, design, architecture, and environmental services that are necessary for successful completion of the activity. ADCs must be allocable to a CDBG-DR assisted activity, meet a National Objective, and meet all other CDBG-DR Program requirements.
Applicant: Local city or county governments (Jurisdictions), Nonprofit organizations, post-secondary educational institutions, or Local Workforce Development Boards.
Authorizing Resolution: A formal resolution of the Subrecipient’s highest authority, usually the city council or county board of supervisors, authorizing the Subrecipient to accept CDBG-DR funding and the responsibilities that attach, thereto, in general and authorizing persons performing specific roles to act on its behalf, including, but not limited to, being a signatory of the HCD Standard Agreement and other supporting documents.
Beneficiary: (Also "participant, “training applicant”, or “trainee”) The individuals that benefit from participation in a DR-Workforce Program administered by a Subrecipient.
California Environmental Quality Act (CEQA): A statute that requires state and local agencies to identify the significant environmental impacts of their actions and to avoid or mitigate those impacts, if feasible.
Contractor: An entity that is awarded a contract as a result of a competitive procurement to support the implementation of the CDBG-DR project.
Cross-Cutting Federal Requirements: Federal regulations outside of CDBG-DR that apply to CDBG-DR Programs. These federal requirements pertain to financial management, procurement, environmental, labor, acquisition, relocation, fair housing, and non-discrimination.
Duplication of Benefits (DOB): Financial assistance received from another source that is provided for the same purpose as the CDBG-DR funds.
Eligible Applicant: Applicants that are eligible to apply for funds under this Program, as defined in Section 4.3. Eligible Applicants.
Eligible Disaster Impacted Area: All of HUD’s Most Impacted and Distressed (MID) Areas plus the impacted counties as described in the State’s 2018 CDBG-DR Action Plan, which includes the counties of Butte, Lake, Los Angeles, Shasta, and Ventura.
See Appendix A for full map.
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Packet Pg. 243 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner Environmental Review Record (ERR): A permanent set of files containing all documentation pertaining to the Environmental Review compliance procedures conducted and environmental clearance documents as required by CEQA and NEPA regulations. (See California Environmental Quality Act and National Environmental Policy Act).
For-Profit Business Enterprises: A for-profit sole proprietorship, partnership, corporation, or other private entity organized to provide goods or services for a profit.
Individual: A person receiving on their own behalf (i.e., not on behalf of a company, organization, institution, or government).
Jurisdiction: Local city, town, or county governments.
Limited English Proficiency (LEP): A designation for persons that are unable to communicate effectively in English because their primary language is not English, and they have not developed fluency in the English language. A person with Limited English Proficiency may have difficulty speaking or reading English. A LEP person benefits from an interpreter who translates to and from the person’s primary language. A LEP person may also need documents written in English translated into his or her primary language so that person can understand important documents related to health and human services.
Local Workforce Development Boards (LWDB): The Local WDB is appointed by the chief elected official(s) in the local area in accordance with State criteria established under WIOA sec. 107(b), and is certified by the Governor every 2 years, in accordance with WIOA sec. 107(c)(2). Eligible LWDBs for this Program are those that provide services to any of the five disaster impacted areas AND are recognized by the California Workforce Development Board as one of the 45 LWDBs certified by the Governor. A list of all 45 LWDBs can be found at https://cwdb.ca.gov/local_boards/local_workforce_investment_associations/.
Low- and Moderate- Income (LMI) Individuals: LMI Individuals are those having family incomes not more than the moderate-income level (80 percent Area Median Income) set by the federal government for the HUD assisted programs. This income standard changes from year to year and varies by family size, county, and the metropolitan statistical area. The annual HUD income limits for California are on the Department of Housing and Community Development (HCD) website.
Low– and Moderate-Income Limited Clientele (LMC): One of the methods used to meet HUD’s LMI National Objective and the method that all Subrecipients of DRWorkforce Programs must utilize to comply with the LMI National Objective. This policy and how to meet the requirement are further described in Section 4.5 National Objective Requirements.
National Environmental Policy Act (NEPA): Establishes a broad national framework for protecting the environment. NEPA's basic policy is to assure that all branches of 158
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National Objective: In accordance with 24 CFR 570.208, all CDBG-DR funded activities must meet a National Objective as required under 24 CFR 570.200(a)(2). For purpose of the DR-Workforce Program, all activities must meet the LMI National Objective through serving a limited clientele (LMC).
Nonprofit: Any entity incorporated under the Nonprofit Corporation Law (Division 2 (commencing with Section 5000) of Title 1 of the Corporations Code) or a Nonprofit Organization that qualifies for exempt status under Section 115 or 501(c) of the Internal Revenue Code and registered as a California business entity with the Secretary of State’s Office. Any Nonprofit (501(c)(3) or other tax-exempt organization, including private schools and private universities.
Participant Supportive Services: A range of ancillary services required to help trainees successfully access and participate in the Workforce Training Program.
Partner: An entity that enters into a written agreement with the primary Applicant to provide a service related to carrying out the Workforce Training Program, particularly as the services may relate to providing Participant Supportive Services. Partners must meet all DR-Workforce Partner requirements.
Postsecondary Educational Institutions: Public or Private Nonprofit institutions of higher education.
Program: The 2018 CDBG-DR Workforce Development Program (DR-Workforce).
Public Facility: Broadly interpreted by CDBG-DR to include all facilities that are either publicly owned or that are traditionally provided by the government, or owned by a Nonprofit, and operated to be open to the general public. Eligible Public Facility activities for DR-Workforce are further defined in Section 4.1. Eligible Activities.
Public Service: Generally described as a commodity or service rendered that serves all members of a community. Eligible Public Service activities for DR-Workforce are further defined in Section 4.1. Eligible Activities.
Section 3: A provision of the Housing and Urban Development (HUD) Act of 1968 that helps foster local economic development, neighborhood economic improvement, and individual self-sufficiency. Section 3 of the Act requires that recipients of HUD financial assistance, to the greatest extent feasible, provide job training, employment, and contracting opportunities for low- or very-low-income residents in connection with projects and activities in their neighborhoods. How to comply with Section 3 is described in detail in Section 4.5 Section 3 of the HUD Act of 1968 of this Manual. 159
Packet Pg. 245 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner Standard Agreement: Successful Applicants will enter into a Standard Agreement with HCD. The Standard Agreement contains all the relevant state and federal requirements, activity performance requirements, Workforce Program management requirements, and disbursement requirements.
Subrecipient: An Applicant that has been determined eligible for an HCD award and entered into a Standard Agreement with HCD for performance of activities under this Program.
Training Operator: The entity that will implement a Workforce Training Program. A Training Operator may or may not be the Subrecipient. The Training Operator may be a Nonprofit or a for-profit entity. If the Training Operator is a for-profit entity, they may not also serve as the Subrecipient but can be a Partner to the Subrecipient.
Tribal Entity: Tribal Entity(ies) means a Partner that is any of the following:
a. Partner meets the definition of Indian tribe under Section 4103(13)(B) of Title 25 of the United States Code;
b. Partner meets the definition of Tribally Designated Housing Entity under 25 USC 4103(22);
c. If not a federally recognized tribe:
1. Partner as a Tribe has contracting status as a California entity registered with the California Secretary of State.
Workforce Training Program: Project(s), program(s), or activity(s) that an Applicant proposes in their application or Subrecipient agrees to perform under their Standard Agreement.
3.5. Program Description
The 2018 CDBG-DR Workforce Development Program ‘s (DR-Workforce) objective is to fund Workforce Training Programs in the 2018 Eligible Disaster Impacted Areas which include the counties of Butte, Lake, Shasta, Los Angeles, and Ventura. Eligible Workforce Training Programs must support social and economic recovery by providing high-quality job opportunities to Low- and Moderate- Income (LMI) Individuals. HCD will solicit for new or expanded Workforce Training Programs through Public Services that deliver job training and a wide range of Participant Supportive Services that are necessary to support activities intended to address economic revitalization.
Complimenting the primary Public Service activity, Applicants may justify the need to pursue supplemental activities such as acquisition, rehabilitation, or improvements to a Public Facility to support the delivery of the Applicant’s Workforce Training Program in the community. In accordance with state priorities, the DR-Workforce Program’s goals align with state-wide initiatives to deliver equity, sustainability, and job quality.3 3 California Future of Work Report
160
Packet Pg. 246 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner HCD encourages Applicants to propose Workforce Training Programs that go beyond traditional methods of delivering job training, such as Participant Supportive Services, mobile training, or on-the-job vouchers. Job placement is not a requirement for eligibility but is HCD’s desired goal of all Workforce Training Programs. A detailed description of all eligible activities is provided in Section 4.1 Eligible Activities of this manual.
3.6. Program Regional Allocations
HCD has allocated approximately $40,694,942 to the 2018 DR-Workforce Program.
This funding has been made available based on a regional grant allocation formula developed to determine a proportionate share of the total DR-Workforce funds based on the impacts and training needs in each eligible county. The funds may only be utilized after all other funds available to provide benefits or services to the Subrecipient or trainees for the same purpose have been expended. HCD will review applications based on threshold criteria for Program eligibility on an over-the-counter first come, first serve basis. Awards will be based on the CDBG-DR amount requested up to the amount still available within the regional grant allocations.
The total available DR-Workforce grant funding available per Eligible Disaster Impacted Area is outlined below. Separate applications must be submitted for any Workforce Training Programs that serve more than one region.
161
Packet Pg. 247 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner a. Table 3: Regional Grant Allocations
Eligible Impacted
County Regions
Percent of
Program
Allocation
Regional Grant
Allocation
Butte County Region 46 percent $18,742,117.42
Lake County Region 16.3 percent $6,642,191.11
Shasta County Region 15 percent $6,096,458.29
Los Angeles County Region 8 percent $3,283,960.49
Ventura County Region 14.6 percent $5,930,215.29
Total Program Funding 100 percent $40,694,942.60
3.7. Regional Allocation Formula Methodology
HCD consulted with the impacted counties to develop a methodology for calculating the regional grant allocations. The final calculation method is based on four ratios that address economic revitalization needs post-disaster in the Eligible Disaster Impacted Areas including:
• Regional workforce development resources ratio,
• Damaged structure ratio,
• Disaster unemployment assistance ratio and,
• Existing relevant workforce training opportunities surrounding the county region ratio.
The methodology utilizes a weighted formula that weighs the four ratios based on unmet need in the eligible areas. The ratio weights are 40 percent for relevant workforce resources available within the impacted area, 25 percent for disaster unemployment claims, 20 percent for damaged structures, and 15 percent for existing relevant Workforce Training Programs surrounding the impacted area. The formula intentionally puts the most emphasis on the need for relevant Workforce Training Programs within the Eligible Disaster Impacted Areas and unemployment as a result of the 2018 declared disasters.
3.8. Terms of Assistance Summary
1. Funding to Subrecipients for Workforce Training Programs and Participant Supportive Services is made available through the DR-Workforce Notice of Funding Availability (NOFA). Applicants submit Workforce Training Program proposals to HCD for funding consideration through the Grants Network portal based on the threshold requirements outlined in the NOFA and the most recently published version of this Policies and Procedures Manual.
2. Subrecipients must provide eligible Public Services within one of the Eligible Disaster Impacted Areas or the services must benefit one of the Eligible Disaster Impacted Areas of Butte, Lake, Los Angeles, Shasta, and Ventura. Workforce 162
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3. The DR-Workforce Program activities must meet requirements for HUD's LMI National Objective utilizing the Low- and Moderate- Income Clientele (LMC) category. At least 85 percent of the Beneficiaries served by the Subrecipient’s Workforce Training Program must be LMI Individuals. Subrecipients must set a Beneficiary target or goal of serving at least 85 percent to 100 percent LMI Individuals with its Workforce Training Program.
4. Workforce training and Participant Supportive Services must be provided at no cost to income eligible trainees.
5. Workforce Training Programs must support social and economic needs that tie-back to the 2018 federally declared disasters in the Eligible Disaster Impacted Areas.
6. DR-Workforce Program funds cannot be used to supplant existing local or state public funds on an existing Workforce Training Program. Therefore, Workforce Training Programs must be either:
a. New programs (because no local funding is in place since they are new), b. Existing programs that are not currently funded by local or state public funds; or
c. Existing Workforce Training Programs that are currently funded by local or state public funds, but the Applicant demonstrates that CDBG-DR funds will be used to fund an expansion of existing services.
i. To qualify as an expanded service, Applicants must demonstrate a quantifiable increase in the level of an existing service. ii. To qualify as an existing service, the program should have been in operations for at least 12 months.
7. Funds are awarded as grants and disbursed on a reimbursement basis for eligible costs. HCD must ensure costs have been incurred and review invoices and/or receipts submitted prior to reimbursement for approval. If reimbursed costs are deemed ineligible by HCD or HUD, the Subrecipient is responsible for repayment.
8. The CDBG-DR awarded funds must not result in a Duplication of Benefits (DOB).
9. The DR-Workforce Program cannot provide funding directly to individuals or ForProfit Business Enterprises. No funds will be paid directly to individuals seeking job training or Participant Supportive Services.
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10.Subrecipients have until January 31, 2026, to expend the DR-Workforce grant funds.
All services must be provided within the expenditure deadline and all performance milestones provided within the Standard Agreement.
3.9. Program Outreach
HCD conducts technical assistance and outreach prior to and following the release of the NOFA to ensure potential Applicants understand the application requirements, award prioritization, and application process. The outreach includes a variety of opportunities for local Jurisdictions and organizations to learn about the 2018 DRWorkforce Program through webinars, resource guides for use of funds, and technical assistance in submitting a NOFA response.
Aside from HCD’s outreach to potential Subrecipients, during each Workforce Training Program’s implementation, Subrecipients shall be mindful of equitable access and transparency to the public about the DR-Workforce Program. Subrecipients and Training Operators must target information about participating in the Workforce Training Programs to LMI Individuals impacted by the disaster (“potential beneficiaries”) through specific, accessible, and equitable marketing campaigns. Marketing and outreach guidance must be developed to help target these populations which includes but is not limited to Limited English Proficiency (LEP) compliance.
4. Program Requirements
4.1Eligible Activities
a. Public Service Activities
1. Workforce training is an eligible Public Service activity in accordance with the Housing and Community Development Act, as amended (HCDA) section 105(a)(8).
Workforce training includes programs that support workforce development, apprenticeships, job placement, trade training, and other activities specific to preparing individuals for employment.
The Workforce Training Programs must provide benefit within at least one Eligible Disaster Impacted Area. All services, job training, and Participant Supportive Services shall be provided at no cost to the income eligible trainee.
2. Participant Supportive Services is also an eligible Public Service activity. Participant Supportive Services is a range of ancillary services offered to help trainees successfully access and participate in a Workforce Training Program and support gainful employment. Participant Supportive Services may be provided by either a Partner, Subrecipient, or a Training Operator that has expertise in the services they offer to help reduce barriers to participation in training and employment.
Examples of Participant Supportive Services include, but are not limited to:
• health and mental health care,
• transportation,
164
Packet Pg. 250 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner • financial literacy,
• assistance with securing personal identification,
• housing placement and stability,
• life skills development,
• assistance with childcare,
• parenting classes, and
• peer support and mentoring programs among others.
To meet HCD's goals of supporting successful Workforce Training Programs that are accessible to trainees, Subrecipients are encouraged to provide Participant Supportive Services either in-house or through partnerships whenever possible.
Depending on the anticipated needs of the trainees, Participant Supportive Services can be delivered in a variety of ways to include, but not limited to on-site, mobile, or virtual. Applicants must provide a written description in their applications as to how they determined the type of Participant Supportive Services needed and a plan for how the Participant Supportive Services will be provided to their program participants.
b. Public Facilities Activities
HCD understands that a Subrecipient may need to acquire land or make improvements to Public Facilities or infrastructure to bring their Workforce Training Programs to bear in the community. Subrecipients are encouraged to leverage other federal, state, and local funds for acquisition/leases and construction improvement activities but, if an Applicant has no other source to pay for such activities, the DR-Workforce Program will consider Public Facility supplemental activities for the DR-Workforce grant funding. These activities include:
• Acquisition (including long-term lease)
• Improvements of Public Facilities, commercial, industrial, and privately owned buildings
• Rehabilitation of Public Facilities, commercial, industrial, and privately owned buildings
Applicants should consider whether their Public Facility acquisition and/or improvement can be performed within the performance period. Any acquisition of a Public Facility will require a deed restriction stating no change of use for five years, so the Facility will have to be maintained as Public Facility for a full five years. Additionally, for long-term ground leases, to ensure the HUD funding, for the specific program, is being used to operate the program for which the application was submitted, long-term leases usually must be paid up-front.
The DR-Workforce Program is a client-based program. For facility acquisition, improvement, and/or rehabilitation to be eligible, the facility must be used for an eligible workforce training and/or Participant Supportive Service program. Subrecipients awarded funds for Public Facilities under this Program will be required to show that the 165
Packet Pg. 251 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner Public Facility is being used for the intended Workforce Training Program by submitting at least one activity report that demonstrates eligible use of the facility prior to the end of the performance period, as identified in the Subrecipient’s Standard Agreement.
4.2Geographic Requirements
Subrecipient’s Workforce Training Programs must directly impact or provide benefit within an Eligible Disaster Impacted Area. Workforce Training Program applications must demonstrate how their proposed Workforce Training Program provides a benefit to support recovery in the 2018 Eligible Disaster Impacted Area. a. Eligible Disaster Impacted Areas (Appendix A)
The map in Appendix A shows the five Eligible Disaster Impacted Areas, including the counties of Butte, Lake, Shasta, Los Angeles, and Ventura.
In accordance with 85 FR 4681, at least 80 percent of funds must be spent in HUD defined “Most Impacted and Distressed” (MID) areas, which includes Butte, Lake, Shasta and Los Angeles counties, and up to 20 percent of the funds may be spent in the ”Disaster Declared” Impacted county of Ventura. To meet this requirement eligible Public Services activities must be provided within the Eligible Disaster Impacted Areas (EDIA) of: Butte, Lake, Los Angeles, Shasta, and Ventura or the public services must benefit one of the EDIAs.
4.3Eligible Applicants
HCD is using a Subrecipient model to deliver the Program funding. All Applicants awarded DR-Workforce funds will enter into a Standard Agreement with HCD.
Eligible Applicants must provide eligible services within the Eligible Disaster Impacted Areas.
a. Eligible Applicants include:
1. Jurisdictions (local city, town, or county governments)
2. Nonprofit Organizations
3. Postsecondary Educational Institutions (including career technical institutions)
4. Local Workforce Development Boards (LWDB)
The following entities are not eligible Subrecipients:
• Individuals
• For-Profit Business Enterprises
4.4Eligible Applicant Partners
HCD encourages Applicants to create formal partnerships for regional collaboration and increased program impact. Additionally, Applicants may want to collaborate with Partners 166
Packet Pg. 252 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner for purpose of providing Participant Supportive Services. While Participant Supportive Services are ancillary, they are essential to the success of Workforce Training Programs.
Participant Supportive Services are generally considered difficult for the Applicant to provide without partnerships. Therefore, Applicants are encouraged to collaborate with entities that have experience in the related service to help increase the chances of trainees’ success in training participation and/or job placement.
HCD requires all Subrecipients and/or their Partners to have a minimum of 3-years' workforce training or related fields experience. Applicants must collect current licensing and accreditations for Partner training providers to be summarized in their application. If acquisition or construction activities are included in the proposed program, the Applicant and/or Partner is required to have at least 1-year of experience with federal grants in carrying out federally funded acquisition and/or construction.
Examples of entities Applicants may find desirable Partners for providing relevant Participant Supportive Services include, but are not limited to:
• Other Eligible Applicants
• Tribal Entities
• Community Based Development Organizations
• Professional and Trade Associations
• Community colleges
• Schools and school districts
• Local and regional businesses
• State and local government agencies
• Medical providers
• Community based organizations
• Transportation authorities or agencies
• Other training, job placement, and apprenticeship programs Partners providing Participant Supportive Services, other than the Subrecipient must be engaged in a fully executed, written partnership agreement with the Subrecipient.
Applicants must provide documentation of a pending partnership (if partnership is not fully executed) at the time of application and documentation of a formal executed partnership agreement is required prior to an Applicant accepting an award.
The formal partnership is between the lead Applicant and its Partner(s). The Standard Agreement will be between HCD and the lead Applicant with the lead Applicant being wholly responsible for all terms and conditions of the Standard Agreement. Joint applications will not be accepted. It is the lead Applicant’s responsibility to adhere to the executed written partnership agreement.
Partner Requirements:
• Must provide eligible public service activities to benefit the Eligible Disaster Impacted Areas (EDIA) of Butte, Lake, Shasta, Ventura, or Los Angeles. 167
Packet Pg. 253 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner • Not be debarred or suspended or excluded from participation in Federal assistance programs.
• Demonstrate capacity and experience to provide the proposed services. • Partners cannot make profit. Costs must be allowable (2 CFR 200.403), reasonable (2 CFR 200.404), and allocable (2 CFR 200.405) to meet CDBG-DR cost principals.
Partners must meet the eligibility requirements and qualifications of a Partner acting as a training operator or participant supportive service provider.
Applicants cannot receive a Standard Agreement for a project with a Partner unless the Applicant meets the following four conditions:
1. The Applicant provides documentation, including an organizational chart, that shows Applicant and the Partner has capacity to administer the grant and comply with all terms and conditions for itself and all Partners included.
2. The Applicant provides a written monitoring plan of the Partner for the proposed project(s). The monitoring plan must demonstrate that the Applicant has sufficient understanding of the Program requirements, the applicable federal and state regulations, and the capacity to monitor the work of its Partner(s).
3. The Applicant provides the formal executed agreement between the Applicant and the Partner. The written partnership agreement must at minimum outline the role, compensation method, scope of work, timelines, milestones, and goals that support the evidence of successful workforce training participation and/or job placement.
4. For Applications with Tribal Entity Partners: In addition to the partnership agreement, the Authorizing Resolution for Tribal Governments, Appendix E-3 of this manual, must also be adopted, signed, and included with the Application to ensure Tribal consent has been given. The Tribal Entity’s bylaws, or appropriate governing documents, must also be provided at the time of application. If the governing documents of the organization are not reflective of the current board makeup, the Applicant/Requestor must provide an explanation of the discrepancy in the application.
It is acceptable for Partners to join a program after the Applicant becomes a Subrecipient and has a CDBG-DR award, but HCD may not provide additional funding.
The Subrecipient will need to work out funding arrangements separate from the CDBGDR grant if the partnership was not approved as part of the original application during the NOFA process. Moreover, HCD must approve new partners and will be held to the same standard as if submitted at time of application (submit all required documents and meet application requirements) and HCD may deny award in its full discretion. 168
Packet Pg. 254 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner
4.5. National Objective Requirement
In accordance with 24 CFR 570.208, Section 104(b)(3) of the HCDA, and as further outlined within the waivers and alternative requirements in applicable Federal Register Notices, namely 85 FR 4681, all CDBG-DR funded activities must satisfy a CDBG-DR National Objective. Subrecipients must demonstrate that funded activities meet HUD’s LMI National Objective.
a. Low- and Moderate- Income Clientele (LMC) category
The awarded Workforce Training Programs must meet requirements for HUD's LMI National Objective by utilizing the Low- and Moderate- Income Clientele (LMC) category.
To ensure Subrecipient’s meet HUD’s LMC National Objective threshold, HCD has set a higher LMC threshold for the DR-Workforce Program. HCD’s objective is for the DRWorkforce Program’s Subrecipients to serve a minimum of 85 percent LMI individuals.
Therefore, HCD requires Subrecipients to adopt an LMI training participant goal of 85- 100 percent to ensure compliance with this objective.
To qualify under the LMC category, Subrecipients must:
1. Require documentation on each trainee’s family size and annual income to verify that at least 85 percent of the Beneficiaries are LMI.
2. Retain data records showing the trainee’s family size and annual income of each person receiving the benefit.
Reference: §570.208(a)(2)(i)(A)
Subrecipients should keep in mind that trainees that do not complete the training program course will not count as meeting the LMC national objective thus it is imperative that Subrecipients keep a log of the active trainees and the ratio of active/completed LMI to non-LMI trainees. Subrecipients that do not meet the 85 percent minimum LMC threshold will be out of compliance with their Standard Agreement and are required to submit documentation to show their efforts to recruit and serve LMI Individuals. Subrecipients that do not meet the HUD statutory 51 percent LMI participation will not be reimbursed with CDBG-DR funds and are at risk of recapture of previously reimbursed CDBG-DR funds. Thus, HCD setting a more restrictive LMI participation threshold of 85-100 percent for the DR-Workforce Program.
b. National Objective Required Documentation
Subrecipients must document how CDBG-DR expenditures benefit LMI Clientele. The Subrecipient must use the HUD income limits (https://www.hcd.ca.gov/grants-andfunding/income-limits/state-and-federal-income-rent-and-loan-value-limits) that are in effect at the time of the review to determine income eligibility for participating trainees.
Subrecipients are expected to maintain clear and accurate records of trainees’ 169
Packet Pg. 255 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner information to show how the HUD National Objective is met and how the HCD goal of at least 85 percent LMI is met or was attempted. More detailed guidance to determine trainee’s LMI eligibility is provided below.
HUD’s income limits are published and updated annually on their website at http://hudexchange.info/resource/5334/cdbg-income-limits/. c. LMI Eligibility Determination
Subrecipient’s Training Operators must collect a Self-Certification of Annual Income Form, Appendix B, or a comparable form, from each training participant to determine income eligibility.
Low-income persons are individuals whose total annual family income does not exceed 80% of the area median family income based on family size. Total Family Annual Income is the amount of verifiable income anticipated to be received over the next 12 months.
Additional expected sources of income and the amount expected during the period participating in the CDBG-DR funded activity must be included in this calculation of annual family income. Types of income to be included are wages, tips, self-employment income, interest/dividends, SSI or other public assistance, social security or other income received on a regular basis such as VA payments, retirement benefits, unemployment compensation, etc. Beneficiaries must be determined to be income eligible at the time assistance is provided. Beneficiary must be recertified if assistance is not provided within 12 months of the initial income certification. For further information see Appendix B.
1.Income Verification Process
HCD recommends that Subrecipients request source documentation for at least five percent of the training participant's income self-certification for accuracy. To sample five percent of the training participant's income claim, Subrecipients may use the Income Verification Packet in Appendix C to collect detailed income information and supporting documentation from the training participants. The Income Verification Packet along with the instructions on how to use it are provided in the Program solicitation files.
Training participants that are not willing to verify income, in a manner consistent with federal or state regulations either by self-certification or a complete income verification review, will be presumed to be over the LMI threshold and will not count toward HUD’s LMI requirement of 51 percent, or the Program minimum threshold of 85 percent. Moreover, participants that are not verified as LMI are not eligible for free workforce training services or Participant Support Services if those services are not already provided to every participant in the relevant Workforce Training Program.
It is critical for compliance that Subrecipients and their Training Operators, if applicable, collect the correct income documentation from training participants, but it shall not be a barrier to the Beneficiary’s participation if the Beneficiary struggles to provide the information or to understand the request. As such, Subrecipients are reminded to utilize 170
Packet Pg. 256 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner their language access plans, to anticipate barriers, and develop strategies around overcoming those barriers, and to work with Partners, if applicable, who can provide relevant Participant Supportive Services, such as those that may help training participants overcome challenges with documentation of identity or income to lower barriers to participation.
4.6. Eligible Trainee/Beneficiary
By nature of the National Objective, Workforce Training Programs must primarily serve LMI Individuals. Therefore, Training Operators should focus their outreach efforts to target LMI Individuals. DR-Workforce Applicants must also elaborate in their outreach and marketing plan how sensitive information (i.e., family income and addresses) from trainees will be collected, tracked, maintained, and protected to demonstrate compliance with the 85 percent LMI trainee participation requirement.
4.7. Tie-Back to Disasters
Workforce Training Programs supported by the DR-Workforce Program must tie-back to the 2018 disasters. Workforce Training Program applications must demonstrate how the job training supports disaster recovery through social and economic recovery needs in the Eligible Disaster Impacted Areas from the following federally declared disasters:
• DR-4382 California Wildfires and High Winds (July 23, 2018 – September 19, 2018)
• DR-4407 California Wildfires (November 08, 2018 – November 25, 2018) The disaster tie-back must clearly show how the proposed Workforce Training Program will address impacts from the applicable disaster on the workforce and the local or regional economy. Tie-back should describe how the program will help improve the community’s economic stability and provide opportunities for Low- and Moderate- Income Individuals. The following types of workforce training opportunities may be considered related to disaster recovery, but the Applicant is expected to make a case for the connection of any training that is proposed in the application:
• Construction trades (includes labor and/or licensing) • Apprenticeships
• Heavy Equipment Operators
• Wildland and Forestry Fire Training
• Ecological Restoration Training
• Forest Restoration Training
• Ecological and Structural Hardening Training
• Arborist Training
• Modular Home and Mobile Home Construction Training Programs • Enhanced Resiliency Training Programs
• Inspectors
• Code Enforcement
• Permit Technicians
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• Healthcare
• And other job classifications that support recovery efforts from the 2018 wildfire disasters
4.8. Budget Considerations
Subrecipients will operate a Workforce Training Program based on their final budgets submitted during the NOFA process in Grants Network, including the total activity budget and CDBG-DR budget. HCD provides a Total Activity Budget Template (located in the solicitation “files” tab in Grants Network) that Applicants use at the time of application to estimate actual costs for all line items that are part of the respective Workforce Training Program, regardless of funding source including the line-items that will be funded from the 2018 CDBG-DR grant. The CDBG-DR budget shall only include eligible CDBG-DR costs which are considered for reimbursement by the HCD as part of the award during the NOFA Application process.
HCD reimburses eligible costs that meet the federal cost principles of being allocable, necessary, and reasonable, as defined in 2 CFR 200.404. A cost is reasonable if, in its nature and amount, it does not exceed that which would be incurred by a prudent person under the circumstances prevailing at the time the decision was made to incur the cost. Prior to an award, HCD reviews the budgets submitted by the Applicant and will reject costs for further review that do not conform with the cost principles requirements stated above.
While HCD is not reimbursing Subrecipients based on a per trainee basis, Training Operators should have an understanding, based on their budget, of the estimated cost per student to operate the training program. See Section 6.7 Disbursement of Funds for details on documentation required for reimbursement of program costs.
4.9. Eligible Activity Costs
Activity Costs can be identified specifically with a particular cost objective and directly assigned to such activities relatively easily with a high degree of accuracy. Costs incurred for the same purpose in like circumstances must be treated as either direct or indirect costs:
• Indirect Costs are necessary cost for the overall operation of the CDBG-DR grantee or Subrecipient. These costs may not be directly related to the any particular program activity. Indirect costs are incurred for a common or joint purpose benefiting more than one cost objective and are not readily assignable to that cost objective. • Direct Costs are those costs that identify specifically with the CDBG-DR funded program or project and are required for the implementation of the Workforce Training Program or project. Direct costs can be identified with a particular final cost objective.
Each CDBG-DR eligible activity has associated costs. The following section provides further details on the most common eligible costs for each eligible activity permitted in the DR-Workforce Program.
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4.10. Types of Eligible Activity Costs
a. Public Service Eligible Activity Costs
The DR-Workforce Program allows Public Service activities for job training and Participant Supportive Services to LMI Individuals.
Eligible Public Service Activity Costs may include, but are not limited to:
• Workforce training labor (training, instruction, apprenticeships, on the job training vouchers and/or certification of trainees).
• Career services, including job readiness and job placement services. • Participant Supportive Services.
• Materials, supplies, software, and instructional materials for training and educational purposes determined necessary for workforce training activities. All purchased materials and supplies will need to be acquired through proper procurement procedures compliant with 2 CFR 200.
• Stipend on behalf of persons participating in a Workforce Training Program to defray out of pocket costs trainees incur while attending job training such as needed equipment including required workwear. (See point below under ineligible costs. Some costs are eligible for three consecutive months only and must be paid directly to the service provider on behalf of the program trainee.) • Operation and maintenance of the portion of a facility in which the Public Service is located, includes lease of a facility, equipment, utilities, and other property needed to deliver job training and other Participant Supportive Services. • Trainee outreach and education campaigns to increase participation. • Workforce Training Program instruction.
• Staff time for job training activities, including:
o Coordination, collaboration, oversight, and program management o Quality Assessments/Quality Control and review of deliverables o Monitoring, reporting, invoicing, and evaluation
o Outreach and coordination with citizens and stakeholders; and o Coordination, compilation, development, or analysis of new or existing data and studies
● Certain moveable property, software, and other indirect costs. 4 ● Equipment and software necessary to conduct the activity. ● Vendor activities necessary to deliver job training activities. 4 Indirect costs are those costs incurred for a common or joint purpose benefitting more than one cost objective, and not readily assignable to the cost objectives specifically benefitted, without effort disproportionate to the results achieved. 2 CFR Part 200.414 and 200.416. 173
Packet Pg. 259 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner b. Public Facilities Eligible Activity Costs
The DR-Workforce Program allows Public Facilities activities for acquisition, site improvements, or rehabilitation of Public Facilities (except for buildings for the general conduct of government), commercial, industrial, and private owned buildings.
Eligible Public Facility Activity Costs may include, but are not limited to:
• Purchase price of real property that will be used for providing Workforce Training Program and/or Participant Supportive Services. Including all costs associated with pre-purchase activities such as appraisals, title work, and URA compliance. • Construction costs associated with rehabilitating or adding improvements to a Public Facility, commercial, industrial, or privately owned building that will be used for providing Workforce Training Program and/or Participant Supportive Services. Including costs associated with pre-construction activities such as design and engineering, general conditions, and labor compliance implementation (i.e., Davis Bacon and Section 3).
• Utility improvements by a local government Subrecipient to a project that will provide workforce training activities.
• Site improvements to an area that will be used for workforce training activities but where no building exists. (i.e., a site for delivery of mobile training services). • Acquisition of real property and related costs.
• Engineering or architectural professional services.
• Rehabilitation of buildings and improvements (including the reconstruction or rehabilitation of privately owned properties and including the renovation of closed school buildings).
• Construction costs for facility improvements.
• Completion of Environmental Review.
• Remediation of environmental contamination.
CDBG-DR funds are only available to reimburse for Public Facility Activity Costs if the Applicant can demonstrate budgeted costs that are necessary to provide for a physical facility location in one of the five Eligible Disaster Impacted Areas to carry out the job training and Participant Supportive Services. Applicants are encouraged to leverage other funding sources to cover the facility acquisition or construction costs.
Subrecipients who are awarded funding and intend to carry out acquisition or construction activities are expected to be familiar with and comply with the following federal regulations, as applicable:
• Davis Bacon and related Acts for construction contracts funded by CDBG-DR funds that exceed $2,000
• Section 3 of the HUD Act of 1968, Final Rule5
• Uniform Relocation Act and Section 104(d)6
5 Section 3 Guidebook: Final Rule - HUD Exchange 6 CDBG-DR The Uniform Act and Section 104(d) in Disaster Recovery (hudexchange.info) 174
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4.11. Activity Delivery Costs
Activity Delivery Costs (ADCs) are a subset of Activity Costs that must comply with cost principles and must be accounted for separately but within the associated CDBG-DR budget. Activity Delivery Costs (ADCs) are allowable costs incurred by Subrecipients to implement (“carry out”) specific CDBG-DR activities. ADCs are costs incurred for the implementation, management, or oversight of an activity. Common examples of ADCs include the cost of staff directly implementing the activity or supplies and equipment allowable and necessary for successful completion of the activity. Reasonable ADCs are eligible as authorized under 24 CFR 570.201-570.204.
a. An ADC must be:
• Allocable, allowable, and reasonable to a CDBG-DR assisted activity, • Meet a National Objective, and
• Meet all other DR-Workforce Program requirements.
4.12. Types of Activity Delivery Costs (ADCs)
a. Activity Delivery Costs in Public Facility Activities:
The ADCs cover the costs of staff directly carrying out the activity in addition to equipment and supplies that are necessary for successful completion of the activity. Reasonable ADCs are eligible as authorized under 24 CFR 570.201-570.204. Note, ADCs are a subset of program Activity Costs and must be accounted for separately but within the associated CDBG-DR activity budget.
b. Examples of Eligible DR-Workforce Public Facility/Construction ADCs:
• Training applicant intake/eligibility screening.
• Staff costs to administer/provide a Workforce Training Program. • Filing cabinets used for filing applications for CDBG-DR assistance. • Engineering/design/architecture services for a project. • Leased office space and related utility costs for delivering a single program, if not included in indirect costs. Be careful – not usually allowed to determine this based on simple pro-ration of all costs/space.
• Travel costs to sites for job training purposes (CDBG-DR funds may only be used for travel costs related to the specific eligible CDBG-DR activities). c. Activity Delivery Costs in Public Service Activities:
Unlike the Public Facility component of the DR-Workforce Program, in Public Service activities, ADCs are easily confused with the costs to provide the Public Service, also 175
Packet Pg. 261 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner known as Activity Costs which are described in Section 4.10.a Public Service Eligible Activity Costs. Staff time and supplies/materials for application intake are costs to implement the Public Service and are therefore Activity Costs, not ADCs. Such costs are treated just like the labor costs and building materials in a Public Facility construction activity.
For example, if a Subrecipient utilizes a contracted entity/Partner to implement workforce training and/or Participant Supportive Services, 100 percent of the contracted entity’s cost are Activity Costs. The Subrecipient, however, itself could incur eligible ADCs related to the following types of activities:
• Subgrantee(s) selection (i.e., NOFA or procurement) and development and execution of written agreements.
• General oversight and program management of Partners/entities. • Staff time spent monitoring and training the Partners/entities.
4.13. Ineligible Costs
HCD may amend this list at any time to include additional ineligible costs:
• Income payments, including trainee wages, housing costs, or stipends. o Income payments are payments to an individual or family, which are used to provide basic services such as food, shelter (including payment for rent, mortgage, and/or utilities) or clothing (with the exclusion of wearable materials and supplies related to the workforce training activities) that extend beyond three consecutive months and are not paid directly to the service provider on behalf of the program trainee.
• Continuous subsistence payments or non-emergency payments for more than 3 consecutive months, such as ongoing rent subsidies or heating bills. • Direct payments to individuals (payments must go directly to service providers). • Immovable equipment purchase, lease, or maintenance.
• Political or religious activities.
• Lobbying activities.
• Entertainment, including amusement, diversion and social activities, food and beverages associated with training, and other entertainment related personal activities.
• Costs associated with preparation of the grant application. • Costs incurred prior to the date of the execution of a Standard Agreement. • Travel not associated with the Workforce Training Program. • Donations and contributions, including cash, services, or property. • Fundraising activities.
• Investments in instruments or for the sole purpose of a return on investment. • Expenditure of funds on activities that do not benefit the Eligible Disaster Impacted Areas.
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Packet Pg. 262 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner • Any costs determined as unallowable or ineligible pursuant to applicable state or federal laws or regulation, or guidance from HUD, HCD, or any applicable state or federal agency.
• Funding for activities already provided by a city or state, ongoing funding for municipal services.
• Purchase of construction equipment to use for facility improvements. • Furnishings and other personal items.
• New construction.
• Planning costs, that are not associated with proposed program or project set-up. a. Repayment
If CDBG-DR funds reimburse ineligible costs or activities, the total amount of CDBG-DR funds expended on ineligible costs must be repaid in full (activity, activity delivery and/or administrative funds). HCD will return the funds to the Subrecipient for use for eligible activities if the Standard Agreement is still in effect. If the Standard Agreement has expired, HCD returns funds to the CDBG-DR grant to redistribute if the CDBG-DR grant is still active. If the CDBG-DR grant is near closeout and amendments or additional activities are no longer allowed, HCD submits options for use of the returned funds to HUD to determine the appropriate action.
4.14. Subrecipient Requirements
HCD is using a Subrecipient model to deliver the Program funding. All Applicants awarded funds will enter into a Standard Agreement with HCD and must provide eligible services within the Eligible Disaster Impacted Areas.
All CDBG-DR funded Workforce Training Programs must address the performance milestones defined in Exhibit A Section 5 of the Standard Agreement, a copy of said Agreement can be found in the solicitation “files” tab in Grants Network System. The Applicant must submit a program schedule that clearly demonstrates compliance with each of those performance milestones. HCD recommends copying each performance milestone from the Standard Agreement and incorporating into Applicant’s program schedule. Performance milestones generally cover such things as completion date of environment review, commencement of the Workforce Training Program, timely expenditure of funds, timely service to beneficiaries, and expenditure deadline. The expenditure deadline for this Program is January 31, 2026, as provided in the Standard Agreement.
5. CDBG-DR and Cross-Cutting Federal Requirements
HCD and its Subrecipients must comply with all applicable federal regulations and laws, including but not limited to the identified Cross-Cutting Federal Requirements below.
Further, all DR-Workforce projects must comply with any and all applicable State of California, and locally adopted codes, regulations, and ordinances. This section provides a summary of the significant and applicable CDBG-DR and Cross-Cutting Requirements for all DR-Workforce activities.
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Packet Pg. 263 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner
5.1. Capacity to Deliver Services
Applicant must identify the personnel or organizations who will perform the proposed services, such as trainings or Participant Supportive Services. If funding for such services is being sought through this Program, the Applicant must also indicate if they are in-house staff or if contracted personnel are being, or will need to be, procured.
HCD evaluates the qualifications and experience (if the staff are already identified) to confirm that Applicants have the capacity to deliver the services for which funding is being requested. HCD evaluation follows the eligibility criteria that Applicant and/or Partner must have at least 3-years of experience with Workforce Training Programs.
5.2. Limited English Proficiency (LEP)
In accordance with Title VI of the Civil Rights Act of 1964, all programs and operations of entities that receive financial assistance from the federal government, including but not limited to state agencies, local agencies, and for-profit and Nonprofit entities (such as Subrecipients in the DR-Workforce Program), must comply with the Title VI requirements.
Subrecipients are required to make reasonable efforts to provide language assistance to ensure meaningful access for LEP persons. To do this, the Subrecipient shall:
• Conduct a four-factor analysis,
• Develop a Language Access Plan (LAP), and
• Provide appropriate language assistance.
Instructions about how to comply with the LEP Requirements, as provided in Appendix D-1, and an LAP Template is provided in Appendix D-2.
5.3. Duplication of Benefits
Federal disaster law prohibits the provision of federal assistance in excess of need.
Before making a DR-Workforce award and reimbursing Activity Costs with CDBG-DR assistance, HCD must verify that the assistance will not cause a Duplication of Benefits (DOB). A DOB occurs when financial assistance is received from another source that is provided for the same purpose as the CDBG-DR funds. Potential sources include local, state, federal, or philanthropic funding received to address the Workforce Training Program activities. Failure to provide full disclosure of all assistance received results in recapture of funds for those amounts that are determined to be duplicative.
CDBG-DR funding is subject to compliance with the Robert T. Stafford Disaster Relief and Emergency Assistance Act (the "Stafford Act"), including rules related to DOB.
Federal Register notices governing CDBG-DR awards impose these DOB requirements on grantees. In DR-Workforce, HCD will ensure that the CDBG-DR grant award assists only to the extent that a disaster recovery need has not been fully met. Federal sources of recovery funding should also only be made available after all other forms of disaster assistance have been exhausted.
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Packet Pg. 264 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner HCD will perform a DOB analysis of each Eligible Applicant prior to executing a Standard Agreement to check for other sources of funding made available for the same purpose. By way of an Applicant’s response to the DR-Workforce NOFA and later by entering a Standard Agreement with HCD, Applicants confirm that HCD will be notified of a potential DOB throughout implementation, by accounting for any funds that have been provided to them for the same purpose. Funds or services received by a Subrecipient are not considered a DOB if the funds were provided for a different purpose.
5.4. Duplication of Benefits Verification
a. DR-Workforce Applicant
Funding from other funding sources is verified through Applicant provided information.
Applicants are required to provide a total activity budget requesting disclosure of other funding sources, support documentation, including award commitment letters, declined letters and other documentation supporting the amount, and uses of funding received for administering Public Services related to the 2018 disaster events. Along with the total activity budget, Applicants must also complete a DOB Affidavit (located in the solicitation “files” tab in Grants Network System).
5.5. Section 3 of the HUD Act of 19687
Section 3 of the Housing and Urban Development Act of 1968 (Section 3), as amended, requires that economic opportunities generated by CDBG-DR funds be targeted toward Section 3 residents. Section 3 eligible residents are low- and very low-income persons, particularly those who live or reside in public/government assisted housing. Section 3 compliance and reporting applies to Subrecipients utilizing CDBG-DR funding for housing or other public construction activities (i.e., Public Facilities), and does not apply to Subrecipient activities that are exclusively for Public Services. For those Subrecipients that Section 3 does apply, which could only be those performing eligible Public Facilities activities, to the greatest extent feasible, they are to provide training and employment opportunities to lower income residents and contract opportunities to businesses in the project area.
More specifically Section 3 requirements are triggered when Public Facility construction related activities assisted with DR-Workforce funds are in excess of $200,000. When triggered, best efforts must be made to extend Section 3 opportunities to verified Section 3 residents and businesses for construction related activities. The Subrecipient must meet these minimum numeric goals: (1) 25 percent of the total hours worked on a Section 3 project must be worked by Section 3 workers; and (2) five percent of the total hours worked on a Section 3 project must be worked by Targeted Section 3 workers. 7 Section 3 Guidebook: Final Rule - HUD Exchange
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Packet Pg. 265 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner All outreach for and solicitation of opportunities related to the triggering activities must be documented.
The Subrecipient and Subrecipient’s Partners shall comply with Section 3 and implementing regulation at 24 CFR Part 75. The responsibilities outlined in 24 CFR Part
75.19 include:
Implementing procedures designed to notify Section 3 workers about training and employment opportunities generated by Section 3 covered assistance and Section 3 business concerns about contracting opportunities generated by Section 3 covered assistance.
Notifying potential Contractors for Section 3 covered projects of the requirement of Part 75, Subpart C and incorporating the Section 3 Clause set forth below in all solicitations and contracts.
a. Section 3 Clause
The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing.
The parties to this contract agree to comply with HUD's regulations in 24 CFR.
Part 75, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 75 regulations.
The Contractor agrees to send to each labor organization or representative of workers with which the Contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the Contractor's commitments under this Section 3 clause and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.
The Contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 75 and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in 180
Packet Pg. 266 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 75. The Contractor will not subcontract with any subcontractor where the Contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 75.
The Contractor acknowledges that Subrecipients, Contractors, and subcontractors are required to meet the employment, training, and contraction requirements of 24 CFR 75.19, regardless of whether Section 3 language is included in recipient or Subrecipient agreements, program regulatory agreements, or contracts.
The Contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the Contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 75 require employment opportunities to be directed, were not filled to circumvent the Contractor's obligations under 24 CFR Part 75.
Noncompliance with HUD's regulations in 24 CFR Part 75 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.
The Contractor agrees to submit, and shall require its subcontractors to submit to them, quarterly reports detailing the total number of labor hours worked on the Section 3 Project, the total number of labor hours worked by Section 3 Workers, and the total number of hours worked by Targeted Section 3 Workers, and any affirmative efforts made during the quarter to direct hiring efforts to low- and very low-income persons, particularly persons who are Section 3 workers and Targeted Section 3 workers.
The Project Completion Report shall also include a Section 3 Summary Report of the total number of labor hours worked by all Contractors and subcontractors, the total number of labor hours worked by Section 3 workers, and the total number of labor hours worked by Targeted Section 3 workers, as required pursuant to 24 CFR 75.25(a). In the event that the number of Section 3 worker labor hours divided by the total labor hours worked by all workers on a Section 3 project does not meet or exceed HUD’s Twentyfive percent standard, and/or that the number of Section 3 targeted worker labor hours divided by the total labor hours worked by all workers on a Section 3 project does not meet or exceed HUD’s Five percent standard, Subrecipient shall provide additional reporting on the qualitative nature of its activities and those its Contractors and subcontractors pursued, as defined at 24 CFR 75.25(b). The standards for hours worked by Section 3 Workers and Targeted Section 3 Workers are subject to change by HUD as published in the Federal Register.
DR-Workforce Program projects are required to meet Section 3 requirements as shown above. Section 3 goals and objectives are set depending on the date of completion of each project and project bid dates. HCD staff ensures that Section 3 objectives are 181
Packet Pg. 267 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner addressed through direct technical assistance with Subrecipients and file reviews of projects.
HCD requires the following actions of all Subrecipients to ensure compliance with Section 3:
• Prepare and utilize a Section 3 Plan,
• Designate a Section 3 Coordinator,
• Take affirmative steps to follow the Section 3 Plan and document those efforts, and
• Include the Section 3 Clause and the Contractor Certification of Efforts to fully comply with employment and training provision of Section 3 in any bid packets for contracts on CDBG-DR projects. Notify all bidders that adherence to the recipient’s Section 3 Plan is required for contracts and sub-contracts in excess of $200,000.
HCD has Section 3 training for Subrecipients available on our website at: Disaster Grant Administration & Reporting | California Department of Housing and Community Development under Subrecipient Training.
5.6. Supplanting Funds
CDBG-DR funds are intended to fill a gap in an eligible Workforce Training Program budget that would not otherwise be filled by other sources. CDBG-DR funds may not supplant other federal, state, or local funds. The NOFA application must document that the CDBG-DR funds if awarded are above and beyond any annual appropriations that are provided for the same purpose. Once Program funds are awarded, the Subrecipient will continue to document that funds expended on workforce training are above and beyond any other funding available through other sources for the same purpose, including any funding available through the Workforce Innovation and Opportunity Act, the Wagner-Peyser Act, and/or other federal, state, or local funding. Supplanting of funds is subject to recapture as stated below. Supplanting of funds is treated as a Duplication of Benefits (DOB), as well as fraud, waste, and abuse.
5.7. Cost Reasonableness
HCD reimburses for eligible costs that are reasonable, as defined in 2 CFR §200.404. A cost is reasonable if, in its nature and amount, it does not exceed that which would be incurred by a prudent individual under the circumstances prevailing at the time the decision was made to incur the cost. HCD may choose to determine standard reasonable costs for the reimbursement of specific costs under this grant and to deny costs that are determined to not conform with cost reasonableness.
5.8. Recapture
HCD is responsible for ensuring that the CDBG-DR funds awarded by HUD comply with all federal, state, and local requirements. In situations where funds are disbursed to Subrecipients s and later determined to be ineligible for assistance or are used for 182
Packet Pg. 268 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner ineligible activities, a Subrecipient may be required to repay all, or a portion of the funds received. The reasons for recapture include, but are not limited to, the following:
• Subrecipient does not comply with the terms of the Standard Agreement. • A Subrecipient withdraws from the DR-Workforce Program prior to completion of the program and/or fails to meet a National Objective.
• A Workforce Training Program does not meet the DR-Workforce Program requirements.
• Program funds are found to be used for an ineligible activity or cost. • A Subrecipient receives assistance for the same purpose as the CDBG-DR funded Workforce Training Program, including, but not limited to, other federal, state, or philanthropic funding.
• Funds are remaining after the Workforce Training Program is completed, the expenditure deadline has passed, or the Standard Agreement has expired.
The method to recapture funds and the timeframe for doing so are determined on an individual program basis. However, the recapture method and timeframe are consistent with 2 CFR part 200 and other applicable cost principles. Complete recapture provisions are included in the Standard Agreement Exhibit B, Section 7 and must also be included in any agreements between the Subrecipient and other parties.
5.9. Environmental Review
An Environmental Review must be performed prior to federal funds being committed or disbursed by HCD and Subrecipients. The Environmental Review shall document compliance with 24 CFR Part 58, National Environmental Policy Act (NEPA), and all related laws, authorities, and executive orders. For DR-Workforce, each Subrecipient is responsible for completing Environmental Reviews of all programs and projects and must submit complete Environmental Review Records to HCD, the Responsible Entity, to grant the authority to use grant funds. Pursuant to 83 FRN 40314, HCD may accept another federal agency’s Environmental Review. Subrecipients are also responsible for ensuring compliance with California Environmental Quality Act (CEQA), including the submission or designation of applicable waivers to the CEQA Clearinghouse with a copy to HCD. No work may start on a proposed Workforce Training Program, project, or proposed site acquisition, if applicable, before both the federal and state Environmental Review processes are completed, even if that work/acquisition is being done using nonfederal funds. The DR-Workforce Program does not reimburse projects that have been determined to have a Finding of Significant Impact (FOSI).
Subsequent to submission of an application by a Subrecipient for the use of DRWorkforce funds, there can be no choice-limiting actions on the part of the Subrecipient until environmental clearance is received in the form of an Authority to Use Grant Funds (ATUGF) or environmental clearance letter issued by HCD. The concept of prohibiting choice-limiting actions is to prevent the Subrecipient from investing in a project before all necessary environmental clearances are obtained. Market studies, environmental studies, plan development, engineering or design costs, inspections and tests are not considered “choice-limiting” actions. Choice-limiting actions are defined 183
Packet Pg. 269 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner as any activity that would have an adverse environmental impact or limit the choice of reasonable alternatives, such as acquisition, construction, demolition of buildings or infrastructure, or rehabilitation or reconstruction of buildings or infrastructure. Per 24 CFR Part 58.22, failure to comply with the prohibition against committing funds or taking physical action (using either HUD funds or non-HUD funds) before the completion of the Environmental Review process could result in loss of HUD assistance, cancellation of the Workforce Training Program or project, reimbursement by Subrecipient to HCD for the amount expended, or suspension of the disbursement of funds for the affected activity.
a. Environmental Review Procedures
An Environmental Review, that complies with NEPA, must be completed before CDBG-DR funds are expended.
1. For applications that propose only Public Services activities, the Applicant must submit Environmental Review Record (ERR) and Request for Release of Funds (RROF), if applicable, to HCD for review at the time of submitting an application.
For Applicants proposing to conduct Public Facility activities, then the Environmental Review process must commence within one month of the effective date of the Standard Agreement. If the Subrecipient wants to use DRWorkforce activity delivery funds to complete the Environmental Review after an award but prior to issuance of the related Standard Agreement, the Subrecipient must notify HCD of their intentions in writing prior to expending any funds and obtain HCD authorization to incur costs. If activity delivery funds will not be expended until after the Standard Agreement is issued, a written request is not necessary.
2. Upon receipt, review, and approval of a completed ERR, HCD provides the Subrecipient with an ATUGF, if applicable, or environmental clearance letter.
3. Upon receipt of the ATUGF or environmental clearance letter and NTP, the Subrecipient may incur project costs and draw down funds.
4. For all projects, Subrecipients are responsible for ensuring that DR-Workforce projects are in compliance with CEQA requirements and obtain all necessary local and state permits.
b. Flood Insurance and Floodplain Elevation Requirements The Subrecipient shall comply with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001). The Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, that flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation).
Subrecipients must comply with the national floodplain elevation standards for new construction, repair of substantially damaged structures, or substantial improvements to Public Facilities in flood hazard areas. All structures designed for Public Facilities use 184
Packet Pg. 270 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner within a special flood hazard area (SFHA), or one percent annual chance, floodplain will be elevated with the lowest floor at least two feet above the base flood elevation level and comply with the requirements of 83 FR 5850 and 83 FR 5861.
5.10.Conflicts of Interest
Conflicts of interest between covered persons (e.g., Eligible Applicants, Subrecipients, program administrator, Contractors, or program staff) and other parties are strictly prohibited by federal law. A “covered person” is an employee, agent, consultant, officer, or elected official or appointed official of the State, or of a unit of general local government, or any designated public agencies, or recipients that are receiving CDBGDR funds. Generally, no person who is a covered person, and who exercises or has exercised any functions or responsibilities with respect to CDBG-DR activities and who are 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 an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter.
The conflict of interest regulations contained in the Standard Agreement between the recipient and HCD prohibit locally elected officials, State staff, recipient employees, and consultants who exercise functions with respect to CDBG-DR activities or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, from receiving any benefit from the activity either for themselves or for those with who they have family or business ties, during their tenure or for one year thereafter.
5.11.Americans with Disabilities Act
The Americans with Disabilities Act of 1990 (ADA) modifies and expands the Rehabilitation Act of 1973 to prohibit discrimination against "a qualified individual with a Disability" in employment and public accommodations. The ADA requires that an individual with a physical or mental impairment who is otherwise qualified to perform the essential functions of a job, with or without reasonable accommodation, be afforded equal employment opportunity in all phases of employment. HCD ensures that reasonable modifications or changes to policies and procedures are made in order to guarantee people with disabilities equal access to services and programs. Additionally, all activities are accessible, both structurally and administratively, to persons with disabilities. The requirement of ADA applies to all HCD, the Subrecipients, and vendors.
5.12.Copeland Act’s Anti-Kickback Provision
The “Anti-Kickback” provision of the Copeland Act (40 USC, Chapter 3, Section 276c and 18 USC, Part 1, Chapter 41, Section 874; and 29 CFR Part 3) requires that workers be paid weekly, that deductions from workers’ pay be permissible, and that Contractors maintain and submit weekly payrolls.
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Packet Pg. 271 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner The U.S. Department of Labor (DOL) describes the Copeland Act’s Anti-Kickback as prohibiting Contractors and subcontractors performing work on covered contracts from in any way inducing an employee to give up any part of the compensation to which he or she is entitled. The Copeland Act and implementing regulations also require Contractors and subcontractors performing on covered contracts to pay their employees on a weekly basis and in cash or a negotiable instrument payable on demand and to submit weekly payroll reports of the wages paid to their laborers and mechanics during the preceding payroll period. Additionally, the Act’s regulations at 29 CFR §§ 3.5 and
3.6 list payroll deductions that are permissible without the approval of DOL and those deductions that require consent of DOL and prohibit all other payroll deductions.
5.13.Contract Work Hours and Safety Standards Act
The Contract Work Hours and Safety Standards Act (40 USC, Chapter 5, Sections 326- 332; and 29 CFR Part 4, 5, 6 and 8; 29 CFR Part 70 to 240) applies to contracts over $100,000 and requires that workers receive overtime compensation (time and one-half pay) for hours they have worked in excess of 40 hours in one week. Violations under this Act carry a liquidated damages penalty ($10 per day per violation).
5.14.Equal Employment Opportunity Act
Executive Order 11246, Equal Employment Opportunity, as amended, prohibits federal Contractors and federally assisted Contractors and subcontractors, who do over $10,000 in government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identity or national origin. The Executive Order also requires government Contractors to take affirmative action to ensure that equal opportunity is provided in all aspects of their employment.8
5.15.Minority- and/or Women-Owned Business Enterprises
Minority owned businesses (Section 8(a)) must be at least 51 percent unconditionally and directly owned by one or more socially and economically disadvantaged individuals who are citizens of the United States (CFR Title 13 Part 124). Women-owned businesses must be at least 51 percent owned and controlled by women who are U.S. citizens (CFR Title 13 Part 127 Subpart B).
The Minimum Acceptable Outreach Standards Section 281 of the National Affordable Housing Act requires each participating Subrecipient to prescribe procedures acceptable to the HUD Secretary to establish and oversee a minority outreach program (2 CFR 200.321) The Workforce Training Program shall include minority and womanowned businesses in all contracting activities entered into by the Subrecipient.
Therefore, minimum HUD standards require that each Subrecipient’s outreach effort to minority and women-owned businesses be:
• A good faith, comprehensive and continuing endeavor,
8 41 CFR Part 60
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Packet Pg. 272 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner • Supported by a statement of public policy and commitment published in the print media of widest local circulation,
• Supported by an office and/or a key, ranking staff person with oversight responsibilities and access to the chief elected official, and • Designed to utilize all available and appropriate public and private sector local resources.
Under the minimum HUD standards cited above, the following guidelines are provided for use by Subrecipients implementing outreach programs to ensure the inclusion, to the maximum extent possible, of entities owned by minorities and women. Each Subrecipients should:
• Develop a systematic method for identifying and maintaining an inventory of certified minority and women's business enterprises (MBEs and WBEs), their capabilities, services, supplies and/or products,
• Utilize the local media, electronic and print, to market and promote contract and business opportunities for MBEs and WBEs,
• Develop informational and documentary materials (fact sheets, program guides, procurement forecasts, etc.) on contract/subcontract opportunities for MBEs and WBEs,
• Develop procurement procedures that facilitate opportunities for MBEs and WBEs to participate as vendors and supplies of goods and services, • Sponsor business opportunity-related meetings, conferences, seminars, etc., with minority and women business organizations, and
• Maintain centralized records with statistical data on the utilization and participation of MBEs and WBEs as Contractors/subcontractors in all HUDassisted program contracting activities.
Each Subrecipient, utilizing the standards and guidelines listed above, shall prescribe procedures and actions it undertakes in implementing a minority and women's business enterprise outreach program. The above items represent basic outreach-related activities and are not all-inclusive actions a Subrecipient may undertake.
5.16.Fair Labor Standards Act of 1983 as Amended
The Fair Labor Standards Act of 1938, as amended (FLSA), establishes the basic minimum wage levels for all work and requires the payment of overtime at the rate of at least one and one-half times the basic hourly rate of pay for hours worked in excess of 40 per week. These labor standards are applicable to the entire construction contract whether or not CDBG-DR funds finance only a portion of the project. Excluding the exceptions listed below, all workers employed by Contractors or subcontractors in the performance of construction work financed in whole or in part with assistance received under HCD’s DR-Workforce Program must be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended.
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Packet Pg. 273 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner In some cases, the State of California prevailing wage rate and the Davis-Bacon prevailing wage rates both apply. In such instances, the higher of the two wage rates prevails. Exceptions to the FLSA include:
• Construction contracts of $2,000,
• Real property acquisition,
• Architectural and engineering fees,
• Other services (such a legal, accounting, construction management), • Other non-construction items (such a furniture, business licenses, real estate taxes),
• Rehabilitation of residential property designed for fewer than eight families, and • Debris removal demolition, and/or clearance activities, unless related to construction (demolition and clearance as independent functions are not considered construction).
5.17.Davis-Bacon Labor Standards
The Davis Bacon and Related Acts (DBRA) requires all Contractors and subcontractors performing work on federal contracts or federally assisted contracts in excess of $2,000 for construction, alteration, or repair (including painting and decorating) to pay their laborers and mechanics not less than the prevailing wage rates and fringe benefits for corresponding classes of laborers and mechanics employed on similar projects in the area. The prevailing wage rates and fringe benefits are determined by the Secretary of Labor for inclusion in covered contracts. Prime Contractors and subcontractors on Davis-Bacon Act contracts in excess of $150,000, or related Act contracts in excess of $100,000, are also required, pursuant to the Contract Work Hours and Safety Standards Act, to pay laborers and mechanics one and one-half times their basic rates of pay for all hours over 40 worked on a covered contract in a workweek.
Subrecipients are responsible for ensuring that applicable projects and services follow DBRA through the submission of certified payroll records and interviews of prime and subcontractor laborers. Supporting compliance documentation shall be uploaded to Grants Network. HCD ensures compliance through the review of DBRA documentation uploaded to Grants Network by the Subrecipients.
On September 15, 2015, HUD’s Office of Community Planning and Development (CPD) issued Notice CPD-15-079, that provides guidance on pre-application costs and clarifies how Cross-Cutting Federal Requirements apply to CDBG-DR activities.
Notice CPD-15-07 includes clarification on the applicability of DBRA and states: “the Davis-Bacon wage rates will not apply when:
• The grantee was not a party to the construction contract; and • The construction work is fully complete before the owner applies for CDBG-DR assistance.
9 https://www.hud.gov/sites/documents/15-07CPDN.PDF
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Packet Pg. 274 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner “If construction work is ongoing when an application for reimbursement or financing of construction costs is submitted, then Davis-Bacon prevailing wage rates are applicable. Under regulations of the Department of Labor (DOL) at 29 CFR 1.6(g), where federal assistance is not approved prior to contract award (or the beginning of construction if there is no Contractor award), Davis-Bacon wage rates apply retroactively to the beginning of construction and must be incorporated retroactively in the contract specifications (pg. 7).”
5.18. Fair Housing
When applicable, the Fair Housing Act requires all grantees, Subrecipients, and/or developers funded in whole or part with HUD financial assistance for housing related activities to certify that no person was excluded from participation in, denied the benefit of, or subjected to discrimination in any housing program or activity because of their age, race, color, creed, religion, familial status, national origin, sexual orientation, military status, sex, disability or marital status. HCD enforces the Fair Housing Act by ensuring that all grantees, Subrecipients, and/or developers meet the applicable Fair Housing and Affirmative Marketing requirements, provide a marketing plan, and report on compliance in accordance with the Fair Housing Act and the associated resources on HCD’s website, where applicable10. The Affirmative Marketing Plan must be in compliance with applicable Fair Housing Laws and demonstrate how the Subrecipients affirmatively furthers fair housing throughout applicable HCD disaster recovery programs.
5.19.Residential Anti-Displacement
When applicable, HCD and its Subrecipients shall make every effort to minimize displacement of families from their homes and/or neighborhood, according to the State of California’s Residential Anti-displacement and Relocation Assistance Plan. 11 5.20.Uniform Relocation Act
When applicable, HCD and its Subrecipients must comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended by the Uniform Relocation Act Amendments of 1987 (URA or Uniform Act). The URA contains requirements for carrying out real property acquisition or the displacement of a person, regardless of income status, for a project or program in which HUD financial assistance is provided. The implementing regulations, 49 CFR Part 24, include steps which must be taken with tenant occupants, including those who are not impacted by the HUD assisted activity. URA was amended by Public Law 105-117. a. Real Property
If CDBG-DR funds are used to acquire real property, HCD ensures that the property is acquired voluntarily and continues to be used for its intended (and approved) purpose, 10 https://www.hcd.ca.gov/community-development/building-blocks/program-requirements/equal-housing-opportunity.shtml 11 https://www.hcd.ca.gov/policy-research/plans-reports/docs/Appendix_D-Relocation_and_Anti-Displacement_Plan.docx 189
Packet Pg. 275 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner proper records are maintained to keep track of it, steps are taken to protect and maintain it, and that if the property is sold, HCD is reimbursed for the CDBG-DR share of the property’s value.
This approach to the ownership, use, management, and disposition of property is complicated by two facts. First, the rules about property management and disposition differ slightly depending on whether a grantee is a public-sector grantee (the rules are generally more explicit for governmental grantees). Second, the rules depend on the nature of the property. Real property (e.g., land, buildings) is treated differently than personal property (e.g., equipment, supplies, intangible property like copyrights).
Reference the applicable Property Management and Disposition Regulations at 24 CFR 570.503; all Subrecipients (subs) 24 CFR 85.32; 85.34, govt. subs 24 CFR 84.32;
84.34, (Nonprofit subs), as amended by 2 CFR 200.
5.21.Financial Management
HCD ensures that its grant management as well as those administering DR-Workforce Program funds demonstrate conformity with financial management requirements shown in 2 CFR 200 and applicable Federal Register Notices. These requirements include, but are not limited to, areas covering Financial Management; Advances; Internal Controls; Accuracy of Report Information; Program Income; Salaries and Wages; Indirect Costs; Lump Sum Drawdowns; and Single Audit provisions pursuant to 2 CFR 200 Subpart F.
HCD’s financial management system is consistent with and in compliance with 24 CFR Parts 84, 85, and 570 (as applicable), which ensures that DR-Workforce Program funds are managed with high levels of accountability and transparency.
5.22.Insurance and Property Management
For all projects in the DR-Workforce Program, Subrecipients must procure and maintain insurance for the duration of the agreement to protect all contract assets from loss due to any cause, such as theft, fraud, and physical damage. If CDBG-DR funds are used to acquire real property or personal property, the Subrecipient is responsible for ensuring that:
• The property continues to be used for its intended (and approved) purpose for five years post expiration of Standard Agreement in accordance with the October 18, 2017 issued CPD Notice 70-0912,
• The Subrecipient keeps track of, and takes care of, the property, and • If the Subrecipient sells or disposes of the property within five years after the expiration of the Standard Agreement or a longer period as HCD deems appropriate, the Subrecipient reimburses HCD for the share of the property’s value according to the Standard Agreement.
12 https://www.hud.gov/sites/dfiles/OCHCO/documents/17-09cpdn.pdf 190
Packet Pg. 276 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner
5.23.Record Keeping, Retention and File Management
Record retention is a requirement of the DR-Workforce Program. Records are maintained to document compliance with program requirements and federal, state, and local regulations and to facilitate a review or monitored by HUD.
HCD adheres to State of California record retention requirements, which require all records to be maintained for a period of not less than five years after the CDBG-DR grant closeout with HUD. This requirement is in line with 24 CFR part 570.490, or as required by applicable laws and regulations under 24 CFR parts 570.487, 570.488 and 570.502(a)(7). Exemptions to the five-year period are provided in the applicable laws and regulations under 24 CFR parts 570.487, 570.488 and 570.502(a)(7). Exceptions include, but are not limited to:
• If any litigation, claim, or audit, is started before the expiration of the five-year period, records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken, • When HCD is notified by HUD, or another federal agency, that the record retention period requirement has been extended,
• Records for real property and equipment acquired with CDBG-DR funds must be retained for three years after disposition, or
• When records are transferred or maintained by HUD, the retention requirements no longer apply to HCD.
HCD Subrecipients shall retain all records, such as financial records, supporting documents, statistical records, and all other records pertinent to the SA for a period of not less than five years after the CDBG-DR grant closeout with HUD in accordance with CDBG-DR record retention requirements. HCD notifies Subrecipients when the HUD grant has been closed. Notwithstanding the above, if there is litigation, claims, audits, negotiations, or other actions that involve any of the records cited and that have started before the retention period, then all such records must be retained until completion of the actions and solution of all issues, or the retention period, whichever occurs later.
Every Subrecipient is required to establish and maintain at least three major categories of records: Administrative, Financial Management, and Project Files. a. Administrative Records
These are files and records that apply to the overall administration of the Subrecipient’s CDBG-DR activities. They include the following:
• Personnel files,
• Property management files,
• General program files: files relating to the Subrecipient’s or Contractor’s project information, grant agreement(s), program policies and procedures, and correspondence with grantees, and reports, and
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Packet Pg. 277 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner • Legal files: articles of incorporation, bylaws of the organization, tax status, board or council minutes, Contractors, and other agreements.
b. Financial Records
These include records such as the chart of accounts, cash receipts and disbursement journal, payroll journal, general ledger, and any applicable accounting policies and procedures. Source documentation (purchase order/change, paid invoices, payroll records, timesheets, and attendance records, canceled checks, etc.), procurement files, bank account records, audit files, and/or another mechanism approved by HCD in writing for the specific grant, etc.
c. Project Files
These files document the activities undertaken with respect to specific individual beneficiaries, property owners, and/or properties.
5.24.Procurement Policy
Subrecipients must follow federal, state, and local procurement rules when purchasing services, supplies, materials, and/or equipment. Subrecipients are required to adopt procurement procedures in 2 CFR 200.318 - 326. All procurement transactions funded in whole or in part with CDBG-DR funds, regardless of dollar amount, must be conducted to provide “maximum open and free competition.” 2 CFR 200.318(i) requires that Subrecipients maintain records sufficient to detail the significant history of each procurement.
Subrecipient procurement transactions shall also follow best practices of cost reasonableness and must meet the critical tests below. The costs must be:
• Necessary: The expenditures fill a necessary gap to address an unmet need that cannot be filled by another funding source, as demonstrated by completed DOB analysis for each project/activity.
• Reasonable: This term is generally defined as what a prudent business would pay in a competitive marketplace. A cost can be allowable and allocable, and still not be what a prudent businessperson would pay.
• Allowable: The costs must be allowable under the eligibility requirements of CDGB-DR funds.
• Allocable: The costs are logically related to or required in the performance of the project contract. Many costs may be allowable but not related to the work required under the contract.
The Subrecipient is responsible for procuring Contractors and ensuring compliance with local, state, and federal regulations. For active previously procured contract that the Subrecipient would like to apply towards a DR-Workforce project, the Subrecipient must provide the procurement file to HCD for review. HCD program staff are responsible for identifying any concerns regarding conforming to the minimum procurement 192
Packet Pg. 278 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner requirements found at 2 CFR 200.318 – 326. Compliance with all applicable local, state, and federal regulations will be certified by Subrecipients when financial reports are submitted to HCD and reviewed by HCD during Subrecipient monitoring visits.
5.25.Audit Trail
All records defined by the organization as important are captured in HCD’s three record management systems: HUD’s Disaster Recovery Grant Reporting System (DRGR), the State’s Financial Information System for California (FI$Cal), and the system of record, Grants Network. Together, these three systems are used to account for DR-Workforce Program funds, with Grants Network serving as the primary system of records. Grants Network contains both Subrecipient and project level files including, but not limited to, Application and project documentation, Subrecipient expenditure tracking, applicable procurement documentation, available funding, Partner agreements and other agreements, financial management, labor compliance (Section 3 and Davis-Bacon), and citizen participation data. Grants Network ensures data security and oversight creating a clear audit trail of the DR-Workforce Program.
All Subrecipient and project data is secured in HCD’s System of Record, Grants Network, in accordance with the Grant Administration Manual retention policy.
Recordkeeping, including scanning and uploading to Grants Network, and filing of pertinent DR-Workforce Program documentation retention policies are to provide both a physical and an electronic record of activities so that documentation is available for audit purposes.
To protect personally identifiable information (PII), data security measures are in place.
HCD, its Subrecipients, and Contractors take the following steps to protect PII:
• Limit collection of PII,
• Maintain hard copies of PII records in locked cabinets, and • Password-protect access to electronic files containing PII.
Filing cabinet keys and electronic passwords are shared with program staff only. HCD releases records containing PII upon request, after verification, by federal and state auditor and other federal or state agencies for Duplication of Benefits analyses.
5.26.Fraud, Waste and Abuse.
HCD has procedures in place to help detect and prevent fraud, waste, and abuse.
Subrecipients will be monitored to ensure that they have adequate procedures and internal controls in place to deter fraud, waste, and abuse by the Subrecipient or any of its Partners. Instances of fraud, waste and abuse can be referred to the HUD OIG via the Fraud Hotline by phone or email: 1-800-347-3735 or [email protected]. 193
Packet Pg. 279 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner
5.27. Activity Delivery Costs of a Failed Project
As previously described, Activity Delivery Costs are allowable costs incurred for implementing and carrying out specific CDBG-DR activities for the Workforce Training Program. If the project(s) are not completed, a review of the cause for project failure is performed. If the evidence demonstrates that the project was put forth and proceeded in good faith on the part of the Subrecipient, then HCD would consider a new eligible project from the Subrecipient that has the same or higher priority level, and the original ADCs must contribute to the new project. Prior to funding the new project, a new capacity assessment, project evaluation, and amended agreement with stricter grant conditions may be required.
If it is shown that the project failed due to egregious behavior or actions, such as conflicts of interest, fraud, waste, or abuse, and similar types of actions, on the part of the Subrecipient, then payments made toward the project are required to be repaid and the Subrecipient is not allowed to put forth a new project submission. If the review shows that the Subrecipient acted in a reasonable manner, then the Subrecipient is allowed to put forth a project proposal. If the project put forth by the Subrecipient does not meet the eligibility requirements, prioritization criteria for a new project, or does not sufficiently demonstrate that the initial project’s ADCs have contributed to the new project, HCD offers the outstanding funding for other Eligible Applicants in order to meet the eligibility and prioritization criteria requirements of the DR-Workforce Program. 194
Packet Pg. 280 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner
6. Operating Procedures
6.1. Award Criteria
a. Authorizing Resolution
In order to complete the application submission process, Applicants must submit an executed Authorizing Resolution on the template provided by HCD (Appendix E-1, E-2, and E-3). Applicants that already have a resolution template are requested to embed the HCD template language inside of the Applicant’s approved template. Any deviation HCD’s Authorizing Resolution Template for Jurisdictions, Organizations, or Tribal Government language may delay implementation of that Applicant’s project(s).
The Authorizing Resolution documents each Applicant’s authority to submit applications and enter into a Standard Agreement between the Applicant and HCD. No Agreement between HCD and an Applicant will be valid until the respective Applicant’s Authorizing Resolution is submitted and accepted by HCD:
• For Applications with Tribal Entity Partners, an executed Authorizing Resolution (Appendix E-1 or E-2, as applicable) and an executed Authorizing Resolution for Tribal Governments (Appendix E-3) must be included with the Application. • If allowed by local policies, HCD can accept a resolution from the governing board authorizing specific Applicant staff to enter into a Standard Agreement and submit a project application on the Applicant’s behalf. • Applicants that are Nonprofit organizations must also provide documentation of 501(c)3 status.
• Applications with Partners that are Tribal Entities must document they meet the definition of a Tribal Entity pursuant to Section 3.4 herein. b. Eligibility
Applications that have been submitted during the open application period are reviewed by HCD on a first come, first serve basis based on threshold criteria. Applications will be reviewed in the order that they are received:
• If an application meets all threshold criteria, the Applicant will be eligible to receive an award in the CDBG-DR amount requested up to the amount still available in regional allocation of funds.
• If eligible funding requests from the same region exceed the respective region’s available grant funding, funds will be awarded in the order that eligible applications are received until all the region’s allocation is obligated.
The NOFA application and all required attachments must be submitted to HCD through the Grants Network Portal located at https://portal.ecivis.com/#/login.
CDBG-DR funding requested amounts will be determined eligible based on the amount requested and HCD’s review for Duplication of Benefits and cost reasonableness. HCD will reach out to Applicants with any questions or requests for clarifying information 195
Packet Pg. 281 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner regarding application eligibility. Applicants will have 10 business days to respond to HCD requests for information. Applicants that do not respond to HCD requests for information within 10 business days will have their application returned to draft and will lose their place in the submittal queue.
6.2. Award Announcements
HCD will review submitted applications and make over-the-counter first come, first serve regional award recommendations according to eligibility to the threshold criteria. Awards will be made on a rolling basis.
Applicants that are recommended for awards will be contacted via email and provided with an opportunity to update program schedules or other data that may have aged during the Applicant review period. Applicants will have 10 days to respond to requests.
Applicants that are not recommended for awards will be officially notified via letter from the Department that their application was not awarded.
6.3. Funding Commitments
Funding for Workforce Training Programs is regionally awarded based on threshold criteria eligibility on an over-the-counter first come, first serve basis from applications submitted via the applicable NOFA. Requests for funding must be submitted in accordance with the instructions in the NOFA. CDBG-DR award amounts will be determined eligible based on the amount requested and HCD’s review for Duplication of Benefits and cost reasonableness.
Applicants are required to accept and manage awards through the Grants Network System. The award notification will include instructions for accepting the award and will be followed with an executable Standard Agreement.
6.4. Standard Agreement
HCD’s Standard Agreement is the contractual document that details the financial and recordkeeping requirements and standards for entities allocated funds to carry out specific eligible CDBG-DR activities. Upon execution of the Standard Agreement and completion of NEPA documentation, Subrecipients may begin incurring eligible costs.
Each Standard Agreement includes the amount of funding committed to approved activities within it, the required reporting schedule and documentation required by each Subrecipient. HCD works with the Subrecipient to ensure timely and accurate reporting.
HCD contacts Subrecipients on a regularly scheduled basis to obtain progress updates and to provide technical assistance as the programs progress forward through completion.
By executing HCD’s Standard Agreement, the Subrecipient agrees to comply with all federal and state statutes, regulations, and rules that apply to the CDBG-DR activities, as well as the requirements listed within the contract, in exchange for receiving the 196
Packet Pg. 282 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner grant for the awarded activities. Some requirements must be fulfilled prior to incurring costs and/or prior to requesting funds from HCD.
HCD’s Standard Agreement includes provisions based on 24 CFR 570.503 which includes, but is not limited to, the following components:
• Scope of work, which includes a description of the work to be performed, a schedule for completing the work, and a budget.
• Reports and recordkeeping requirements, defining the specific reports and the reporting dates, along with the particular records, and the timeline for maintaining them in order to assist HCD in meeting HUD’s recordkeeping and reporting requirements.
• Program income restrictions and requirements for funds generated as result of the activities funded in the contract, including HCD approval of program income expenditures, along with reporting requirements.
• Uniform administrative requirements, as outlined in both the Federal Office of Management and Budget (OMB) and the California State Administrative Manual (SAM).
• Specific grant related requirements.
• Suspension and termination clauses, if HCD finds that a Subrecipient materially fails to comply with the terms of the contract, and that the contract may be terminated for cause.
• Reversion of assets clause, stating that upon contract expiration, the Subrecipient will transfer CDBG-DR funds on hand to HCD, along with accounts receivable attributed to the use of the CDBG-DR funds (where they do not meet the definition of Program Income.
6.5. Agreements with Contractors or Other Parties
Per 2 CFR 200.213, Subrecipient shall not enter into agreements, written or oral, with a Contractor, vendor, or other party without the prior determination that the Contractor, vendor, or other party is eligible to receive federal funds and is not listed on the Federal Consolidated List of Debarred, Suspended, and Ineligible Contractors. • The terms “other party” is defined as public or private Nonprofit agencies or organizations and certain (limited) private for-profit entities who receive Grant Funds from a Subrecipient to undertake eligible projects.
Requirements of an agreement between a Subrecipient and a Contractor, or other party shall contain, but not be limited to the following:
• Compliance with all state and federal requirements including those that pertain to labor standards, nondiscrimination, Americans with Disabilities Act, Equal Employment Opportunity, and Drug-Free Workplace Act
• Maintenance of at least the minimum State-required Workers’ Compensation Insurance
• Maintenance of unemployment insurance, disability insurance and liability insurance which is reasonable to compensate a person, firm or corporation who may be injured or damaged during the performance of program activities 197
Packet Pg. 283 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner
6.6. Document Retrieval Process
All documentation at each step of the process of the program’s life, from NOFA to grant closeout, must be submitted through the Grants Network Portal using the DR-Workforce Naming Convention List. This ensures that all the required documents are available for review and retrieval in one location. To submit or retrieve a document, the Subrecipient enters their project workspace through the Grants Network Portal and upload the document into the proper location.
6.7. Disbursement of Funds
Payments are made directly to Subrecipients as reimbursements based on the documented completion of agreed upon project and/or program milestones, as outlined in the Standard Agreement. Reimbursement-based means that program and project costs must be incurred by the Subrecipient and documented as required by the terms of the Standard Agreement for payment of invoices. Please see the Grant Administration Manual Section V for additional financial management procedures and requirements. a. Documentation of Expenditures
Subrecipients are required to provide documentation to HCD to demonstrate that the committed funds have been used for eligible purposes. To receive reimbursement for eligible expenses Subrecipients must submit draw requests that include the following support documentation:
• Salaries: Timesheets demonstrating allocation of time and effort, activity reports or employee job descriptions and payroll registers.
• Benefits: Invoices or receipts from insurance providers and/or approved benefit rates reflecting the employer’s contributions.
• Moveable Equipment: Invoices or receipts (must be approved equipment), procurement documentation (if applicable) and/or lease agreement (if applicable).
• Training Supplies/Materials: Invoices or receipts and procurement documentation (if applicable).
• Training: Invoices or receipts from contracted provider(s), procurement documentation for Contractor, vendor contract and training attendance logs. • Travel: Travel Expense form detailing odometer reading or trip mileage using MapQuest or Google maps, time traveled, all points traveled, meals, lodging, tolls and parking, tips, purpose of trip and other expenses. See the State’s travel reimbursement policies.
b. Timeliness of Expenditures
As indicated in their Standard Agreement, all DR-Workforce CDBG-DR awarded funds must be expended by the Standard Agreement expiration date. All Activity Costs must be expended by the expenditure deadline of January 31, 2026. DR-Workforce Applicants are required to submit a project schedule with their application that shows 100 percent expenditure of the CDBG-DR awarded funds by the expenditure deadline. 198
Packet Pg. 284 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner Program staff will verify that the plan is feasible prior to award and on an ongoing basis post-award.
HCD requires Subrecipients to submit monthly expenditure reports of the CDBG-DR funds over the life of the award to ensure expenditure accomplishments are achieved in a timely manner.
Subrecipient must expend 50 percent of the Subrecipient Allocation at least 10 months prior to the Expenditure Deadline. Proof of meeting this milestone must be provided in the Financial Report submitted no later than 70 days after the Expenditure Deadline.
6.8. Reporting Requirements
HCD and Subrecipients establish program goals and benchmarks and the Subrecipient is required to report data monthly to HCD. Subrecipients must submit the information electronically in Grants Network.
Subrecipients are required to submit reports at times as indicated in the Standard Agreement, in accordance with HCD and HUD reporting requirements, and via Grants Network. At a minimum, during the term of the Standard Agreement, the Subrecipient submits to HCD a monthly progress report which addresses the following topics:
• A description of the current status of the program’s activities, including:
o Number of persons enrolled during the reporting period o Number of persons withdrew from previous reporting period o Number of activities performed during the reporting period (may be classes, workshops, panels etc.)
o Number of Participant Supportive Services utilized during the reporting period and number of training participants that were assisted by same • Aggregate report of training participant demographics including:
o Race/ethnicity,
o Female headed households, and
o Total income
• A description of activities to be undertaken in the next reporting period, • A description of problems or delays encountered in program implementation and course of action taken to address them,
• Notification of formal partnerships that have been terminated and/or if new formal and informal partnerships are being considered,
• A description of actions taken to achieve program expenditure deadlines; and • A summary of program fiscal status, including:
o Award amount
o Funds drawn categorized by purpose (support services vs facility vs ADCs vs. admin vs. training and others as appropriate)
o Remaining balance
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Packet Pg. 285 Attachment: CDBG-DR Workforce Development CHYBA-COR Partner Agreement (4.2(c)--California Heritage Youth Build Academy Partner HCD has discretion to amend reportable metrics in the regular performance report with 30 days’ notice to the Subrecipient.
During the term of the Standard Agreement, HCD may perform or cause to be performed an independent financial audit of any or all phases of the Subrecipient’s program(s). At HCD’s request, the Subrecipient provides, at its own expense, a financial audit prepared by a certified public accountant. As stated in the State of California’s CDBG-DR Grant Administration Manual, all non-federal entities that expend $750,000 or more in federal awards in a fiscal year are required to have a single audit for that year in accordance with the Single Audit Act of 1984, Single Audit Act Amendments of 1996, and 2 CFR §200 Subpart F-Audit Requirements.