ATTACHMENT E
Community Development Block Grant‐ Coronavirus Response Program Self‐Certification of Annual Income
Revised December 21, 2020 Page 5
PART IV: APPLICANT CERTIFICATION
I certify under penalty of perjury that the above information is complete and accurate to the best of my knowledge. I understand that Title 18, Section 1001 of the U.S. Code states that a person is guilty of a felony and assistance can be terminated for knowingly and willingly making a false or fraudulent statement to a department of the United States Government. I agree to provide any additional documentation required by the program administer to document my/our household income.
HEAD OF HOUSEHOLD
Signature Printed Name Date
OTHER ADULT HOUSEHOLD MEMBERS
Signature Printed Name Date
Signature Printed Name Date
Signature Printed Name Date
Signature Printed Name Date
Signature Printed Name Date
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2020 CDBG-CV2 AND CV3 ALLOCATION
SUBSISTENCE PAYMENTS PROGRAM
Documentation of Site Control
Programmatic site control is not applicable for the Subsistence Payments Program, as services will be conducted by City of Ukiah staff out of a municipal building owned and operated by the City of Ukiah- the Civic Administration Center.
As households are qualified for the Subsistence Payments Program, site control will be documented and verified for individual applications.
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SAM Search Results
List of records matching your search for :
Record Status: Active
DUNS Number: 074642893
ENTITY Ukiah, City Of Status: Active
DUNS: 074642893 +4: CAGE Code: 1WGX8 DoDAAC:
Expiration Date: 02/12/2022 Has Active Exclusion?: No Debt Subject to Offset?: No Address: 300 Seminary Ave
City: Ukiah State/Province: CALIFORNIA
ZIP Code: 95482-5400 Country: UNITED STATES
April 04, 2021 10:57 AM https://www.sam.gov Page 1of 1
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Legal No.
Ukiah Daily Journal
617 S. State St
Ukiah, California 95482
(707) 468-3500
[email protected]
I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer of the Ukiah Daily Journal, a newspaper of general circulation, printed and published daily in the City of Ukiah, County of Mendocino and which newspaper has been adjudged a newspaper of
general circulation by the Superior Court of the County of Mendocino, State of California, under the date of
September 22, 1952, Case Number 9267; that the notice,
of which the annexed is a printed copy (set in type not smaller than non-pareil), has been published in each
regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit:
01/22/2021
I certify (or declare) under the penalty of perjury that the foregoing is true and correct.
Dated at Ukiah, California,
February 1st, 2021
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA
COUNTY OF MENDOCINO
Molly E. Lane, LEGAL CLERK
0006546904
2117148
CITY OF UKIAH
ATTN: ACCOUNTS PAYABLE
300 SEMINARY AVE
UKIAH, CA 95482
r.BP16-07/12/17 1
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City Council
Regular Meeting
AGENDA
Civic Center Council Chamber ♦ 300 Seminary Avenue ♦ Ukiah, CA 95482 Register for Ukiah City Council Regular Meeting at:
https://attendee.gotowebinar.com/rt/9199312935703156493 After registering, you will receive a confirmation email containing information about joining the webinar. Alternatively, you may view the meeting (without participating) by clicking on the name of the meeting at www.cityofukiah.com/meetings.
February 3, 2021 6:00 PM
1. ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS
3.a. Adoption of Resolution and Administer of Oath of Office Appointing Mari Rodin to the City Council, Filling the Unexpired Term of Maureen Mulheren, and Becoming Effective Immediately Thereafter.
Recommended Action: Adopt Resolution and direct Clerk to administer the Oath of Office to Mari Rodin, appointing her to fill the unexpired term of departed Councilmember Maureen Mulheren, to become effective immediately thereafter, with the term ending with the General Municipal Election in November 2022.
Attachments:
1. 20210203 Resolution
4. PETITIONS AND COMMUNICATIONS
5. APPROVAL OF MINUTES
5.a. Approval of the Minutes for the January 20, 2021, Regular Meeting.
Recommended Action: Approve the Minutes of January 20, 2021, a Regular Meeting, as submitted.
Attachments:
1. 20210120 Draft Minutes
City of Ukiah
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6. RIGHT TO APPEAL DECISION
Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90) the time within which the decision of the City Boards and Agencies may be judicially challenged.
7. CONSENT CALENDAR
The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City Council.
Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations.
7.a. Award Contract for Professional Environmental Services with GHD for Permitting Efforts for the Maintenance of Gibson Creek Box Culvert at School Street in the Amount of $11,800.
Recommended Action: Award Contract for Professional Environmental Services in the amount of $11,800 to GHD for permitting efforts for the maintenance of Gibson Creek Box Culvert at School Street.
Attachments:
1. GHD Proposal for Professional Environmental Services_20210120
7.b. Possible Adoption of Ordinance Amending Section 7161 of Division 8, Chapter 1, Article 11 of the City Code to Regulate Short Time Limit Parking.
Recommended Action: Adopt the Ordinance Amending Section 7161 of Division 8, Chapter 1, Article 11 of the City Code to Regulate Short Time Limit Parking.
Attachments:
1. Short Time Limit Parking Ordinance Introduced
7.c. Possible Adoption of Ordinance Amending Section 9224.7 of Division 9, Chapter 2, Article 18 of the City Code to Regulate Permanent Outdoor Dining Facilities.
Recommended Action: Adopt the Ordinance Amending Section 9224.7 of Division 9, Chapter 2, Article 18 of the City Code to Regulate Permanent Outdoor Dining Facilities.
Attachments:
1. Outdoor Dining Ordinance Introduced
7.d. Review and Approve Updates to the Sewer System Management Plan for the 5Year Audit Period, and Recertify the Document.
Recommended Action: Review and approve changes made to the Sewer System Management Plan for the 5year audit period, and recertify the document.
Attachments:
1. Ukiah SSMP Dec2020
7.e. Approval of Agreement with JM Integration for SCADA Upgrades at the Water Treatment Plant in the amount of $259,756, and Approval of Corresponding Budget Amendment.
Recommended Action: Approve agreement with JM Integration for SCADA upgrades at the Water Treatment Plant in the amount of $259,756, and approve corresponding budget amendment.
Attachments:
1. JM Integration Proposal
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7.f. Approval of Change Order #3 to CV Larsen Company in the Amount of $173,283.12 for Pressure Zone 2 South Reservoir Replacement Project, Specification No. 2002 for a Total Revised Contract Amount of $742,053.88.
Recommended Action: Approve Change Order #3 to CV Larsen Company in the Amount of $173,283.12 for Pressure Zone 2 South Reservoir Replacement Project, Specification No. 2002, for a total revised contract amount of $742,053.88.
Attachments:
1. PZ2STankFCO3
7.g. Approve the Renewal of the ESRI Geographical Information System (GIS) Software Licensing Agreement for a Term of Three Years in the Amount of $27,500 Annually for a Total of $82,500 Plus Applicable Sales Tax.
Recommended Action: Approve the Renewal of the ESRI Geographical Information System (GIS) Software Licensing Agreement for a Term of Three Years in the Amount of $27,500 Annually for a Total of $82,500 Plus Applicable Sales Tax.
Attachments:
1. Ukiah EA Renewal 20212024_Q419134
7.h. Approve Budget Amendment in the Amount of $40,000 to Establish an Account for the Payment of Fees to the Mendocino Local Agency Formation Commission Related to FY 2020 21 Reorganization Applications and the City's Municipal Service Review and Sphere of Influence Update.
Recommended Action: Approve a budget amendment in the amount of $40,000 to establish an account for the payment of fees to the Mendocino Local Agency Formation Commission (LAFCo) related to FY 202021 reorganization applications and the City's Municipal Service Review and Sphere of Influence Update.
Attachments:
1. CC Reso 202006 Adopting Annexation Policy
7.i. Accept and Authorize Expenditure of a Grant Award from the California Fire Foundation in the Amount of $10,000.00 for Fireline Hose Clamps and Wildland PPE Fireline Packs; and Approve Corresponding Budget Amendments.
Recommended Action: Approve expenditure of a grant award from the California Fire Foundation in the amount of $10,000.00 for fire equipment and personal protective equipment (PPE) for the Ukiah Valley Fire Authority, and approval of corresponding budget amendments.
Attachments: None
7.j. Accept and Authorize Expenditure of Grant Funds from FM Global in the Amount of $3,339.00 for two (2) Combustible Gas Detectors; and Approval of Corresponding Budget Amendments.
Recommended Action: Accept the grant from FM Global, and authorize the expenditure of $3,339.00 for two (2) combustible gas detectors; and approve corresponding budget amendments.
Attachments: None
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7.k. Report of a Contract with Cordico Psychological Corporation for the Use of Cordico’s Wellness Software, and Approve Its Continued Use.
Recommended Action: Receive a report of a contract with Cordico Psychological Corporation for the use of their Cordico Wellness Software (app), and approve the continued use of this contract.
Attachments:
1. Cordico Agreement 1920193
7.l. Update on Emergency Repair of the Yosemite Drive Water Main and Determine that Emergency Conditions Continue to Require the Emergency Repair.
Recommended Action: Determine that emergency conditions continue to require the repair of the Yosemite Drive Water Main without competitive bidding.
Attachments:
1. Resolution 202063 Yosemite Drive Water Main Emergency Work
7.m. Authorization of Payment to Sonoma Water for Professional Services Related to the Stormwater Resource Plan Preparation and Implementation from Grant Funds Received, and Approval of Corresponding Budget Amendment.
Recommended Action: Authorize payment to Sonoma Water for professional services related to the Stormwater Resource Plan Development and Implementation from grant funds received, and approval of corresponding budget amendment.
Attachments:
1. Sonoma County Water Agency Agreement and Invoice
8. AUDIENCE COMMENTS ON NONAGENDA ITEMS
The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda.
9. COUNCIL REPORTS
10. CITY MANAGER/CITY CLERK REPORTS
11. PUBLIC HEARINGS (6:15 PM)
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11.a. Conduct a Public Hearing to Consider Adoption of a Resolution Approving the Submittal of One or More Applications in the Aggregate Amount Not to Exceed $395,757 in response to the 2020 State Community Development Block Grant Program Coronavirus Response Round 2 and 3 (CDBGCV2 and CV3) NOFA Dated December 18, 2020; and Consider Adoption of a Resolution Approving an Amendment to the 2020 CDBG Coronavirus Response Round 1 (CDBGCV1) Standard Agreement to Add Additional Funds From the 2020 CDBGCV2 and CV3 NOFA Dated December 18, 2020; and Approve Corresponding Budget Amendments if Awarded Funding for the Application(s).
Recommended Action: Adopt resolution in Attachment 4 approving the submittal of one or more applications in the aggregate amount not to exceed $395,757 in response to the 2020 State Community Development Block Grant Program Coronavirus Response Round 2 and 3 (CDBGCV2 and CV3) NOFA dated December 18, 2020; and adopt resolution in Attachment 5 approving an amendment to the 2020 CDBG Coronavirus Response Round 1 (CDBGCV1) standard agreement to add additional funds from the 2020 CDBGCV2 and CV3 NOFA dated December 18, 2020; and approve corresponding budget amendments if awarded funding for the application(s).
Attachments:
1. cdbg_cv2_3_nofa_final_approved_121820
2. Appendix A Allocations
3. City of Ukiah 20CDBGCV100004 Award Letter
4. Resolution 2020 CDBGCV2 and CV3 applications
5. Resolution Amendment to CDBGCV1 Agreement for Generator
12. UNFINISHED BUSINESS
12.a. Receive Status Report and Consider Any Action or Direction Related to the Novel Coronavirus (COVID19) Emergency Including Operational Preparedness and Response; Continuity of City Operations and Services; Community and Business Impacts; and Any Other Related Matters.
Recommended Action: Receive status report and consider any action or direction related to the Novel Coronavirus (COVID19) Emergency including operational preparedness and response; continuity of City operations and services; community and business impacts; and any other related matters.
Attachments: None
12.b. Possible Introduction by Title Only of an Ordinance Amending Division 1, Chapter 4, Article 4 of the City Code Regarding the Procedure for Filling Vacancies on the Planning Commission.
Recommended Action: Introduce by Title Only an Ordinance Amending Division 1, Chapter 4, Article 4 of the City Code Regarding the Procedure for Filling Vacancies on the Planning Commission.
Attachments:
1. Planning Commissioner Appointment Ordinance Redline
2. Planning Commissioner Appointment Ordinance Clean
3. Planning Commissioner Position Draft Application
4. Current Planning Commission Roster
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12.c. Update on Emergency Repair of the Yosemite Drive Water Main and Determine that Emergency Conditions Continue to Require the Emergency Repair.
Recommended Action: Determine that emergency conditions continue to require the repair of the Yosemite Drive Water Main without competitive bidding.
Attachments:
1. Resolution 202063 Yosemite Drive Water Main Emergency Work
12.d. Consider Request for Continuing Funding, in the Amount of $50,000, for the Ongoing Potter Valley Project Licensing Efforts by the Mendocino County Inland Water and Power Commission.
Recommended Action: Approve request for continuing funding, in the amount of $50,000, for the ongoing Potter Valley Project Licensing Efforts by the Mendocino County Inland Water and Power Commission.
Attachments: None
13. NEW BUSINESS
13.a. Consideration and Possible Adoption of Resolution Adopting the City of Ukiah Subsistence Payment Program Guidelines, to Possibly be Funded by the State Community Development Block Grant Program Coronavirus Response Round 2 and 3 (CDBGCV2 and CV3).
Recommended Action: Adopt resolution adopting the City of Ukiah CDBGCV Subsistence Payment Program Guidelines.
Attachments:
1. City of Ukiah CDBGCV Subsistence Payment Program Guidelines
2. Resolution Subsistence Payment Program Guidelines
13.b. Authorization for the City Manager to Negotiate and Execute the NoFee Transfer of and Associated Maintenance Agreement for Parcel 00210131 Near Orr Creek from Rural Communities Housing Development Corporation to the City of Ukiah.
Recommended Action: Authorize the City Manager to negotiate and execute the nofee transfer of parcel number 00210131 and an associated maintenance agreement from Rural Communities Housing Development Corporation to the City of Ukiah.
Attachments: None
13.c. Receive Updates on City Council Committee and Ad Hoc Assignments, and, if Necessary, Consider Modifications to Assignments and/or the Creation/Elimination of Ad Hoc(s); Including Consideration of Adoption of Resolution Appointing a Member and Alternative Member to the Ukiah Valley Basin Groundwater Sustainability Agency (UVBGSA).
Recommended Action: 1. Receive report(s). The Council will consider modifications to committee and ad hoc assignments along with the creation/elimination ad hoc(s).
2. Adopt Resolution Appointing a Member and Alternative Member to the Ukiah Valley Basin Groundwater Sustainability Agency (UVBGSA).
Attachments:
1. 2020 City Council Special Assignments 1621
2. Ukiah Valley Basin GSA JPA
3. UVBGSA Appointing Resolution 2021
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14. CLOSED SESSION CLOSED SESSION MAY BE HELD AT ANY TIME DURING THE MEETING
14.a. Conference with Legal Counsel—Anticipated Litigation (Government Code Section 54956.9(d)(2))
Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2)(Number of potential cases: 3)
Recommended Action: Confer in Closed Session
Attachments: None
14.b. Conference with Legal Counsel—Anticipated Litigation (Government Code Section 54956.9(d)(4))
Deciding whether to initiate litigation pursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9 (Potential Cases: 1)
Recommended Action: Confer in Closed Session
Attachments: None
14.c. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(d)(1))
Name of case: Vichy Springs Resort v. City of Ukiah, Et Al; Case No. SCUKCVPT201870200 Recommended Action: Confer in Closed Session
Attachments: None
14.d. Conference with Legal Counsel – Existing Litigation (Cal. Gov’t Code Section 54956.9(d)(1))
Name of case: City of Ukiah v. Questex, LTD, et al, Mendocino County Superior Court, Case No. SCUK CVPT1566036
Recommended Action: Confer in Closed Session
Attachments: None
14.e. Conference with Labor Negotiator (54957.6)
Agency Representative: Sage Sangiacomo, City Manager
Employee Organizations: All Bargaining Units
Recommended Action: Confer in Closed Session
Attachments: None
14.f. Conference with Real Property Negotiators
(Cal. Gov’t Code Section 54956.8)
Property: APN Nos: 15705003, 15706002, 15705004, 15705003, 15703002, 157050 01, 15705002, 15705010, 15705009, 15707001, 15707002, 00319001 Negotiator: Sage Sangiacomo, City Manager;
Negotiating Parties: Dave Hull and Ric Piffero
Under Negotiation: Price & Terms of Payment
Recommended Action: Confer in Closed Session
Attachments: None
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14.g. Conference with Real Property Negotiators
(Cal. Gov’t Code Section 54956.8)
Property: APN Nos: 00210131 and 00210130
Negotiator: Sage Sangiacomo, City Manager;
Negotiating Parties: Rural Communities Housing Development Corporation (RCHDC) Under Negotiation: Price & Terms of Payment
Recommended Action: Confer in Closed Session
Attachments: None
15. ADJOURNMENT
Please be advised that the City needs to be notified 72 hours in advance of a meeting if any specific accommodations or interpreter services are needed in order for you to attend. The City complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public inspection at the front counter at the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, CA 95482, during normal business hours, Monday through Friday, 8:00 am to 5:00 pm.
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the bulletin board at the main entrance of the City of Ukiah City Hall, located at 300 Seminary Avenue, Ukiah, California, not less than 72 hours prior to the meeting set forth on this agenda.
Kristine Lawler, City Clerk
Dated: 1/29/21
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Agenda Item No: 11.a.
MEETING DATE/TIME: 2/3/2021
ITEM NO: 2021-681
AGENDA SUMMARY REPORT
SUBJECT: Conduct a Public Hearing to Consider Adoption of a Resolution Approving the Submittal of One or More Applications in the Aggregate Amount Not to Exceed $395,757 in response to the 2020 State Community Development Block Grant Program- Coronavirus Response Round 2 and 3 (CDBG-CV2 and CV3) NOFA Dated December 18, 2020; and Consider Adoption of a Resolution Approving an Amendment to the 2020 CDBG- Coronavirus Response Round 1 (CDBG-CV1) Standard Agreement to Add Additional Funds From the 2020 CDBG-CV2 and CV3 NOFA Dated December 18, 2020; and Approve Corresponding Budget Amendments if Awarded Funding for the Application(s).
DEPARTMENT: Community
Development PREPARED BY: Craig Schlatter, Community Development Director PRESENTER: Craig Schlatter, Community Development
Director
ATTACHMENTS:
1. cdbg_cv2_3_nofa_final_approved_12-18-20
2. Appendix A- Allocations
3. City of Ukiah - 20-CDBG-CV1-00004 - Award Letter
4. Resolution- 2020 CDBG-CV2 and CV3 applications
5. Resolution- Amendment to CDBG-CV-1 Agreement for Generator Summary: Council will conduct a public hearing to consider adoption of a resolution approving the submittal of one or more applications in the aggregate amount not to exceed $395,757 in response to the 2020 State CDBG Program- Coronavirus Response Round 2 and 3 (CDBG-CV2 and CV3) NOFA dated December 18, 2020; and consider adoption of a resolution approving an amendment to the 2020 CDBG- Coronavirus Response Round 1 (CDBG-CV1) standard agreement to add additional funds from the 2020 CDBG-CV2 and CV3 NOFA dated December 18, 2020; and consider approval of corresponding budget amendments if awarded funding for the application(s).
Background: On December 18, 2020, the State Department of Housing and Community Development (HCD) announced the availability of approximately $77.1 million in Community Development Block Grant (CDBG) funding pursuant to the Coronavirus Aid, Relief, and Economic Security (CARES) Act signed into law March 27, 2020. According to this December 18, 2020 Notice of Funding Availability (NOFA), the $77.1 million includes $5.9 million of unclaimed funds from tranche one (CDBG-CV1), plus $54.4 million of new funds from tranche 2 (CDBG-CV2) and $16.8 million from tranche three (CDBG-CV3) of new federal funds for the CDBGCoronavirus Relief (CDBG-CV) available for local assistance (see Attachment 1 for the NOFA). HCD began accepting applications on December 28, 2020, with applications due on a rolling deadline, by activity type, as follows:
Public Service Applications due by Friday, February 12, 2021, at 5:00 p.m.
Public Facilities and Infrastructure Applications due by Monday, February 22, 2021, at 5:00 p.m.
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Economic Development Applications due by Friday, March 5, 2021, at 5:00 p.m.
Tribal Applications from the federally and non-federally recognized Tribal-set-asides; and Housing Acquisition/Rehabilitation Applications due by Friday, March 12, at 5:00 p.m.
Applications in support of Homekey projects due by Friday, March 26, 2021, at 5:00 p.m.
State CDBG Citizen Participation regulations require a public hearing to adopt a resolution(s) approving submittal of one or more applications to HCD. That is the purpose of this public hearing.
CDBG-CV 2/3 Eligible Activities and Threshold Requirements The CDBG-CV2 and CV3 NOFA provides funding only for the following activities: assistance to businesses and microenterprises impacted by COVID-19 stay-at-home orders and shut down; public services related to COVID-19 support; facility and infrastructure improvements related to COVID-19 impacts; and acquisition and rehabilitation of real property, including housing, to be used in response to COVID-19 impacts. All activities must meet a CDBG National Objective, outlined in Federal Regulations. In most cases, this involves a requirement for the activity to benefit at least 51% low- to moderate-income ("LMI"), defined as income at or below 80% of Area Median Income, individuals or households.
Applicants, i.e. "non-entitlement" cities and counties and federally and non-federally recognized tribes, can apply for a total of three activities, including activities submitted under a previous CDBG-CV1 application.
Activities funded under the CDBG-CV2 and CV3 NOFA will have a 24-month expenditure period. The City's allocation per the NOFA is $395,757 (Attachment 2). Up to 13 percent of this allocation can be utilized for general administration. Because CDBG-CV2 and CV3 funds are noncompetitive, provided the City's application is complete and meets threshold requirements, the City will receive an award totaling up to $395,757.
Discussion: Staff within the City Manager's Office/Office of Emergency Services, Electric Utility Department, Ukiah Valley Fire Authority, Finance Department, and Community Development Department discussed current priorities related to the COVID-19 pandemic. Identified by Staff were three needs:
1) A short-term subsistence payments program for low- to moderate-income (LMI) residential tenants and homeowners who are unable to pay their utility bills due to economic impacts from COVID-19 (Public Services Activity)
The short-term subsistence payments program would provide emergency payments on behalf of LMI individuals or families who are in arears on making payments towards utility bills due to the COVID-19 pandemic, and to prevent cutoff of utility service(s). Additional information regarding this proposed program, including draft program guidelines Staff developed for Council's review and possible adoption, will be discussed in agenda item 13a.
2) Additional funding to support the installation of a permanent generator at the Ukiah Valley Conference Center, which has already received partial funding through a CDBG-CV1 funding award (Public Facility Improvement Activity)
On September 16, 2020, through Resolution No. 2020-53, Council authorized the submittal of a CDBG application for installation of a permanent generator at the Ukiah Valley Conference Center, for increasing local surge capacity and to serve as a back-up vaccination clinic, in response to the CDBG-CV1 NOFA. On January 13, 2021, the City received an award letter for this project (Attachment 3). Although the City was awarded the maximum allocation available through CDBG-CV1, $108,757, it was estimated during CV-1
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application preparation that additional funds would be needed from the CDBG-CV2 and CV3 allocation to complete the generator project.
3) Purchase of a new ambulance for the Ukiah Valley Fire Authority to increase responsiveness of emergency medical services to the COVID-19 pandemic (Public Services Activity) The Ukiah Valley Fire Authority operates Emergency Medical Services (EMS) 24 hours per day/7 days per week with two on-duty crews and two cross staffed ambulances. In 2019, these crews responded to over 5,000 calls, covering an area of approximately 160 square miles. Just prior to the COVID-19 pandemic, one of the private ambulance providers stopped service, resulting in a 1/3 reduction in available ambulances countywide. As a result, the burden to UVFA in providing service significantly increased. Additionally, and as a result of COVID-19, the amount of time spent on calls increased due to prolonged cleaning and decontamination time and the increase in patient transfers. These issues coupled with a lack of existing resources have both reduced the capacity and increase the need for UVFA's ambulance services.
Purchase of a new ambulance will enable the UVFA to increase its responsiveness to both 9-1-1 calls and COVID-related calls. A new ambulance will also provide a more reliable service, since one of UVFA's two ambulances is 21 years old and the other has over 200,000 miles.
Staff Recommendation to Council
The following is recommended and included in the attached Resolution (Attachment 4):
City of Ukiah Subsistence Payments Program = $200,000
General Administration- Subsistence Payments Program = $23,009 Public Facility Improvement Project- Permanent Generator = $27,891 General Administration- Public Facility Improvement Project = $3,209 Purchase of Ukiah Valley Fire Authority Ambulance = $141,648 Total = $395,757
Note: To allocate funds from the CDBG-CV2 and CV3 allocation to the CDBG-CV1 allocation for the remainder of the funding needed for the installation of the permanent generator, the City is required to adopt a separate Resolution (Attachment 5).
To proceed with this recommendation, Staff requests Council 1) conduct a public hearing; and 2) adopt the Resolution in Attachment 4 approving one or more applications be submitted to HCD for the above activities; and 3) adopt the Resolution in Attachment 5 to approve an amendment to the CDBG-CV1 Standard Agreement to add $31,100 in CDBG-CV2/CV3 funds to the CDBG-CV1 award for the permanent generator installation project; and 4) approve budget amendments if the activities are awarded funding.
Recommended Action: Adopt resolution in Attachment 4 approving the submittal of one or more applications in the aggregate amount not to exceed $395,757 in response to the 2020 State Community Development Block Grant Program- Coronavirus Response Round 2 and 3 (CDBG-CV2 and CV3) NOFA dated December 18, 2020; and adopt resolution in Attachment 5 approving an amendment to the 2020 CDBG- Coronavirus Response Round 1 (CDBG-CV1) standard agreement to add additional funds from the 2020 CDBG-CV2 and CV3 NOFA dated December 18, 2020; and approve corresponding budget amendments if awarded funding for the application(s).
BUDGET AMENDMENT REQUIRED: If CDBG-CV2/CV3 application(s) are awarded.
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CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: $395,757: $369,539 application activities funding and $26,218 General Administration
FINANCING SOURCE: CDBG
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Daniel Buffalo, Finance Director; Mel Grandi, Electric Utility Director; Traci Boyl, Management Analyst
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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
Sacramento, CA 95833
(916) 263-2771
www.hcd.ca.gov
December 18, 2020
MEMORANDUM FOR: All Potential Applicants
FROM: Jennifer Seeger, Deputy Director
Division of Financial Assistance
SUBJECT: Community Development Block Grant Program
Coronavirus, Aid, Relief, Economic Security (CARES) Act 2020 Notice of Funding Availability - Rounds 2 and 3
The California Department of Housing and Community Development (Department) is pleased to announce the availability of approximately $77.1 million in funding pursuant to the Coronavirus Aid, Relief, and Economic Security (CARES) Act signed into law March 27, 2020. This amount includes $5.9 million of unclaimed funds from tranche one (CV1), plus $54.4 million of new funds from tranche two (CV2) and $16.8 million from tranche three (CV3) of new federal funds for the Community Development Block Grant- Coronavirus Relief (CDBG-CV) available for local assistance. There is a remainder of approximately $50 million from the second tranche (CV2) which will be released under a subsequent NOFA for the purposes of Project Roomkey housing relocation activities and in support of Homekey projects.
To the extent possible, the Department encourages applicants for these rounds of CDBG-CV funding to coordinate and collaborate with their local Continuums of Care to prioritize the needs of Californians experiencing homelessness or at imminent risk of homelessness who need access to housing and, if needed, emergency shelter in order to mitigate the impacts of COVID-19. CDBG-CV funds can be used to support emergency housing payments for people experiencing homelessness or at risk of homelessness, and acquisition of housing or shelter for people experiencing homelessness.
The critical priority for this funding is to ensure all eligible persons receive equitable access to services, and are served with dignity, respect and compassion regardless of circumstance, ability or identity. This includes marginalized populations, including but California Department of Housing and Community Development Page 1 CDBG-CV2 and 3 NOFA – December 2020
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not limited to, Black, Native and Indigenous, Latinx, Asian, Pacific Islanders and other People of Color, immigrants, people with criminal records, people with disabilities, people with mental health and substance use vulnerabilities, people with limited English proficiency, people who identify as transgender, people who identify as LGBTQ+, and other individuals that may not traditionally access mainstream support. The Department expects eligible applicants to plan for how this funding will reduce disparities and increase racial equity in their communities.
The Department is committed to supporting Tribes in addressing housing and community development needs related to COVID-19 through set-asides for both federally recognized and non-federally recognized Native American Tribes and dedicated outreach and technical assistance. California has the largest Native American population in the nation. Poverty and inadequate housing conditions disproportionately affect tribal populations. The rate of tribal poverty is more than twice that of the rest of the California's population, and tribes have been disproportionally impacted by COVID19, both by infection rates and hospitalizations. The Department recognizes that while Tribes may face many of the same barriers as other under-resourced applicants, the unique status of Tribes requires additional, specific considerations in the design and implementation of programs and technical assistance. The Department also recognizes the legacy of violence, exploitation, dispossession and attempted destruction of Tribes and related communities and that this has important ramifications for present-day relationships. The Department is committed to learning about, considering, and honoring this history when building relationships with Tribes over time through respectful and accountable interactions.
The Department will be accepting applications through the Grants Network portal beginning December 28, 2020. Applications and required documentation will be due on a rolling deadline, by activity type. Applications are due as follows:
Public Service Applications will be due no later than Friday, February 12, 2021, 5:00 p.m.
Pacific Standard Time.
Public Facilities and Infrastructure Applications will be due no later than Monday, February 22, 2021, 5:00 p.m. Pacific Standard Time.
Economic Development Applications will be due no later than Friday, March 5, 2021, 5:00 p.m. Pacific Standard Time.
Tribal Applications from the federally and non-federally recognized Tribal-set-asides will be due no later than Friday, March 12, 2021, 5:00 p.m. Pacific Standard Time.
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Housing Acquisition/Rehabilitation Applications will be due no later than Friday, March 12, 2021, 5:00 p.m. Pacific Standard Time.
Applications in support of Homekey projects (CDBG-CV funding for rehabilitation of Homekey funded acquisitions) will be due no later than Friday, March 26, 2021, 5:00 p.m.
Pacific Standard Time.
Any application received after the respective due dates above will not be accepted.
Applications will be reviewed and awarded as received. Applicants must submit their approved governing body resolution (and supporting organizational documents) prior to Department’s execution of a Standard Agreement. The Department will not execute agreements without the approved governing body resolution that is acceptable to the Department. In the event that the CDBG-CV funds are not fully awarded by the application closing date, the Department will either allocate additional funding to active contracts that have met performance and timeliness milestones, and/or will roll unawarded funds into over-subscribed set-asides as appropriate and available.
Applicants are encouraged to set-up their profiles in the Grants Network portal located at https://portal.ecivis.com/#/login as early as possible. Profile set-up instructions can be found in the Grants Network portal, external user manual on the CDBG webpage under at https://www.hcd.ca.gov/grants-funding/active-funding/cdbg.shtml. Complete and accurate profiles assist in expediting awards and are strongly recommended. Applications must be started and submitted under the applying jurisdictions profile. With the exception of the tribal set-aside, applications started and/or submitted under a consultant or non-profit service provider’s profile will not be accepted. The Department will not be responsible for applications submitted under an ineligible profile.
Applicants are encouraged to begin the application process early to ensure successful submission before the application deadline. If you have any trouble logging into the portal or have questions on how to complete the online application, please contact the CDBG staff at [email protected] and make sure to include CDBG-CV in the subject line of your message.
To receive CDBG-CV NOFA FAQs, notice of NOFA webinars, Office Hours notifications, and other program information and updates, please subscribe to the CDBG listserv at https://www.hcd.ca.gov/HCD_SSI/subscribe-form.html. For questions or assistance, please email [email protected].
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Community Development Block Grant Program -
CARES Act Round 2 and 3
Notice of Funding Availability
Gavin Newsom, Governor
State of California
Lourdes Castro Ramírez, Secretary
Business, Consumer Services and Housing Agency
Gustavo Velasquez, Director
California Department of Housing and Community Development Division of Financial Assistance, Federal Programs Branch Community Development Block Grant Program
2020 W. El Camino Avenue, Suite 200, Sacramento, CA 95833 CDBG Program Email: [email protected]
December 18, 2020
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Contents
I. Notice of Funding Availability 1
A. Tentative program timeline 2
B. Authorizing Legislation 2
C. Conditions 3
D. Applicant responsibility 4
II. Eligible activities (24 CFR §§ 570.201-203) 4
A. Community Development 4
B. Economic Development 5
III. Duplication of benefits 5
IV. National Objectives (24 CFR §§ 570.483-484) 6
A. Low- to Moderate-Income National Objective 6
B. Urgent Need National Objective 7
V. Program set-asides 8
A. The CDBG-CV2 funding will have the following set-asides: 8 B. The CDBG-CV3 funding will have the following set-asides: 8 C. Native American Tribes (federally and non-federally recognized tribes) 8 VI. Eligible applications 9
A. Eligible jurisdictions 9
B. Financial Management Compliance (2 CFR Part 200) 10
A. Good standing 11
D. Federal debarment 11
E. Restrictions on multiple activities in the same political districts 12 F. Racial Equity 12
VII. Funding limits 13
A. Applications and Milestones 13
B. CDBG-CV Unclaimed Funds 16
VIII. Program administrative costs 17
IX. Pre-agreement costs 17
X. Threshold Submittals and Program Requirements 17
XI. Applications 18
A. Application Workshops 18
B. Application submission 19
C. Disclosure of application 19
XII. Application review, approval and commitment process 20 A. Application review 20
B. Recommendations 20
C. Standard Agreements 20
XIII. Awards announcement and grant implementation 20
XIV.Federal program requirements 21
A. Cross-cutting requirements 21
B. Relocation Plan requirement 22
C. Article XXXIV compliance 22
G. Procurement 22
H. Application Certifications and Statement of Assurances 23
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Appendices
Appendix A CDBG-CV Allocations
Appendix B Housing Element and
Appendix C Citizen Participation and Sample Public Notice Appendix D Sample Resolution (Revised 4-10-20)
Appendix E CDBG-CV IDIS Matrix Codes
Appendix F Income Limits and Area Benefit
Appendix G Determining Service Area
Appendix H Economic Development Parameters
Appendix I Reserved
Appendix J CDBG-CV Application Certifications Statement of Assurances Appendix K Draft Sample Standard Agreement
Appendix L Reserved
Appendix M Tribal Set-Aside Resources
Appendix N Racial Equity Tools and Guidance
Appendix O Single Audit Exemption List
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I. Notice of Funding Availability
The California Department of Housing and Community Development (Department) receives funding from the United States Department of Housing and Urban Development (HUD) for the Community Development Block Grant (CDBG) Program and allocates funds to CDBG eligible entities. Under the Coronavirus Aid, Relief, and Economic Security (CARES) Act, allocations of tranche 2 CDBG-CV funds made to states included additional flexibility in working with governments and non-profits as eligible entities to apply for funds. This NOFA includes funding for the non-entitlement jurisdictions in California, allocated by formula, as well as set-asides for federally recognized tribes, non-federally recognized tribes, and Colonias. The funds in this NOFA represent approximately 48 percent of CDBG-CV2 funds made available to the state, and all of the CDBG-CV3 funds. The remaining CDBG-CV2 funds are being directed to activities identified in the Second Amendment to the 2019 Annual Action Plan that are available for both entitlement and non-entitlement jurisdictions. Approximately $5.9 million of unclaimed funds from tranche 1, and $54.4 million of new funds from tranche two and $16.8 million from tranche three of new federal funds authorized by the CARES Act, will be allocated to eligible jurisdictions to perform activities related to COVID-19 as itemized in Appendix A. The CARES Act provides extra CDBG funds specifically targeted to prevent, prepare for, and respond to coronavirus.
The CDBG-CV2 and CV3 Notice of Funding Availability (NOFA) provides funding ONLY for the following activities, which are narrowly tailored as described in Section II.A and Section II.B of this NOFA:
• Assistance to businesses and microenterprises impacted by COVID-19 stay-at-home orders and shut-down
• Public services related to COVID-19 support
• Facility and infrastructure improvements related to COVID-19 impacts • Acquisition and rehabilitation of real property, including housing, to be used in response to COVID-19 impacts
CDBG-CV2 and 3 funds included in this NOFA will be distributed through a simplified application via the Grants Network portal online grant management system and will be available to all CDBG-eligible non-entitlement jurisdictions, Colonias, and Tribes, both federally recognized and non-federally recognized tribes as outlined in the Department’s second and third 2019 Annual Action Plan Amendments located at https://www.hcd.ca.gov/policy-research/plans-reports/index.shtml.
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This NOFA outlines application requirements, timelines for eligible jurisdictions, and provides documentation requirements.
A. Tentative program timeline
Event Date
CDBG-CV2 and 3 NOFA and application
released
December 18, 2020
NOFA Workshop (for all applicants) January 7, 2021, 3pm – 5pm PST Tribal Workshop (for Tribes and their
partners)
January 5, 2021, 10:30am –
12:30pm PST
Public Service Application Deadline (nonTribal)February 12, 2021 5pm PST Public Facilities and Infrastructure
Deadline
February 22, 2021, 5pm PST
Economic Development Deadline March 5, 2021, 5pm PST
Tribal Set-Aside Application Deadline March 12, 2021, 5pm PST Housing Acquisition Rehabilitation
Deadline
March 12, 2021, 5pm PST
Homekey Support Applications Deadline March 26, 2021, 5pm PST Department announces awards As applications are approved * Award timeline is dependent on receipt of HUD’s executed grant agreement for CDBG-CV 2 and 3 funds, and therefore the above dates are approximate and subject to change.
B. Authorizing Legislation
Funding under this NOFA is made available pursuant to the CARES Act (Public Law No: 116-136) and the Housing and Community Development Act of 1974 (HCDA) as amended and codified at Title 42 United States Code (U.S.C.) § 5301, et. seq., and Subpart 1 of the federal CDBG Regulations, found at Title 24 Code of Federal Regulations (CFR) § 570.480 et seq. The requirements of the state CDBG program are in California Health and Safety Code (HSC) §§ 50825-50834. This NOFA should be read in conjunction with the following regulations that establish state and federal CDBG requirements. Relevant legal authority includes, but is not limited to, the following:
• Housing and Community Development Act of 1974 (HCDA) as amended codified at Title 42 United States Code 5301 et seq., and Subpart 1 of the Federal CDBG Regulations
• HSC §§ 50825-50834
• CFR, Title 24, Part 570, Subpart I
• 24 CFR Part 58
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• 2 CFR Part 200
as amended
as amended
• CDBG Guidelines (Guidelines)
• The State of California 2015-2020 Consolidated Plan
• The State of California 2019-2020 Annual Action Plan
• California Governor’s Executive Order N-66-20
• Federal Register Notice 85 FR 51457
If state or federal statutes or regulations, or other laws, relating to CDBG-CV funds are modified by the United States Congress, HUD, the Department, California State Legislature, or the Governor, the changes may become effective immediately and may be applicable to this NOFA and existing Standard Agreements.
If there is a conflict between the state and federal regulations, the federal regulations shall prevail. In addition, the Department reserves the right, at its sole discretion, to suspend or amend the provisions of this NOFA. If such an action occurs, the Department will notify interested parties. Awards made under this NOFA are also contingent upon the Department executing a Grant Agreement with HUD for the CARES Act funds.
C. Conditions
Applicants and Awardees acknowledge that the funding opportunities referenced in this NOFA, and all obligations of the Department herein, are expressly subject to the following conditions:
1. The ongoing availability of funds
2. The continued authority of the Department to administer the CDBG-CV funds
3. The execution of the CARES Act funding grant agreement with HUD In the event that funds are not available to fund any, or all, activities offered herein, or if the Department’s authority to administer the CDBG-CV funds or act under this NOFA is eliminated, or in any way restricted, the Department shall have the option, at its sole discretion, to amend, rescind, suspend, or terminate this NOFA and any associated funding pursuant to the provision set forth immediately above. This NOFA is not a commitment of funds to any activity or applicant.
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D. Applicant responsibility
It is the Applicant’s responsibility to ensure that the application submitted is clear, complete, and accurate. It is the Applicant’s responsibility to ensure that the application is submitted under the correct jurisdiction profile, and, with the exception of the Tribal set-aside, is not submitted under a consultant, non-profit, or personal profile in Grants Network. It is also the Applicant’s responsibility to ensure that the governing body resolution submitted is clear, complete, and accurate, and follows the provided template with no substantive changes. The Department will not execute agreements without a Department approved resolution and supporting organizational documents. Resolutions may only be approved by Department legal staff. Resolutions that deviate from the provided template, or that are drafted without the template will be subject to additional review and may be rejected as insufficient at the discretion of Department legal staff. Program staff acceptance of a resolution does not guarantee that resolution will meet the Department’s legal standards.
Use the provided resolution template as found in the program solicitation files.
DO NOT USE A RESOLUTION TEMPLATE FROM ANOTHER SOLICITATION OR PROGRAM APPLICATION. After the application submittal deadline, Department staff may request clarifying information to make sure the application is complete and accurate and meets federal eligibility requirements. Applications requiring changes will be returned to draft status for correction. No Applicant may appeal the Department’s evaluation of another Applicant’s application.
II. Eligible activities (24 CFR §§ 570.201-203)
Applicants can apply for a total of three (3) activities, including activities submitted under a previous CV1 application, with the total request not exceeding the allocation amount in Appendix A. If an applicant applied for three (3) total activities under the previous CV1 NOFA, the Applicant may add one (1) additional activity under the CV2 and 3 application. Applicants may request to add CV2 and 3 funding to approved CV1 activities through a CV1 standard agreement amendment. Activities funded under this NOFA will have a 24-month expenditure period. CV1 activities amended to include CV2 and 3 funding will have the CV2 and 3 performance and expenditure deadlines. See Appendix E for a list of eligible HUD Matrix Codes. Applicants must show a relationship between the need for services and COVID-19 impacts.
For the CDBG-CV NOFA, the following activities are permitted:
A. Community Development
1. Public Services to respond to COVID-19 impacts, including short-term subsistence payments for households at risk of eviction and/or homelessness and housing costs for those exiting homelessness, homeless shelter operations, and health and education support services
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2. Public Facility and Infrastructure improvements with a documented COVID-19 nexus
3. Public facility acquisition, including healthcare facilities, emergency shelters, and housing for persons experiencing homelessness in response to COVID-19 impacts
4. Housing Assistance
a. Acquisition and/or rehabilitation of Low-Mod Income Housing in response to COVID-19 impacts on vulnerable populations or individuals including households experiencing homelessness
B. Economic Development
1. Business assistance to help businesses retain employees, or in the case of businesses re-starting after mandated COVID-19 related shut-downs, adding employees
2. Microenterprise assistance (including Micro-financial assistance and Technical assistance) for businesses impacted by COVID-19 with five or fewer employees, including the business owner
III. Duplication of benefits
A duplication of benefit (DoB) occurs when a program beneficiary receives assistance from multiple sources for a cumulative amount that exceeds the total amount needed for assistance. The amount of the duplication is the amount of assistance provided in excess of the need. It is the Department’s responsibility to ensure that each CDBG-CV activity provides assistance only to the extent that the project’s funding needs have not been met by another source. See Stafford Act (42 U.S.C. § 5155; HUD Memorandum dated 9 April 2020, subject: ‘CARES Act Flexibilities for CDBG funds used to support coronavirus response and plan amendment waiver’)
Section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act) prohibits federal agencies from providing assistance to any “person, business concern, or other entity” for any loss to which the entity has already received financial assistance from another source (42 USC § 5155(a)). The Federal Register Notice, published November 16, 2011 (Docket No. FR-5582-N), requires adequate policies and procedures in place to prevent a duplication of benefit and the recapture of funds, if necessary.
Applicants will be required to submit duplication of benefits policies and procedures at application and Awardees will be required to continue to report on
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duplication of benefits throughout the expenditure period for the CDBG-CV funds.
Duplication of benefit must be tracked at both the programmatic level and at the client service level. Awardees will be expected to re-capture funds from households that have received a duplication of benefit. The Department will be required to recapture funds from Awardees with duplicated benefit(s). Recapture requirements and process must be included in written duplication of benefit policies and procedures.
IV. National Objectives (24 CFR §§ 570.483-484)
A. Low- to Moderate-Income National Objective
At least 70 percent of the total funds awarded must benefit low- to moderateincome (LMI) individuals or households. No Activity or portion of a program assisted by these funds may exclude from its benefits the lowest-income eligible group.
Persons, households, and/or neighborhoods benefiting from LMI activities must meet HUD’s LMI requirements. Income limits are regularly updated. Applicants will be notified via a news blast email and information will be posted on the Department’s website if the HUD Adjusted Median Family Income (HAMFI) limits or low- to moderate-income areas (LMA) are updated during the application period.
The LMI National Objective consists of the following categories:
1. LMI Limited Clientele (LMC), as defined by income limits or presumed benefit.
LMC refers to persons who earn 80 percent or less of HAMFI for the county of residence, as updated annually by HUD. Note that all subsistence payment activities are LMC activities and must select LMC as the appropriate National Objective.
Presumed benefit LMC refers to persons who, as a category, are typically low income. This includes:
• Seniors
• Persons with a disability (must meet the Bureau of the Census’ Current Population Report’s definition of “severely disabled”)
• Homeless persons
• Abused children and battered spouses
• Illiterate adults
• Persons living with acquired immunodeficiency syndrome (AIDS) • Migrant farmworkers
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2. LMI Area (LMA), as defined by census tracts and block groups. • LMA eligibility is based on American Community Survey using Census Geographies.
• At least 51 percent of households in the area must be earning at 80% or below HAMFI to meet LMA.
• Must be contiguous – the area must be a solid area, without certain streets or buildings being excluded, and the area should be mapped to show eligibility. If a service area is not contiguous it will be determined to be a separate activity and will need as separate application.
• Activity must be a public benefit for the area, for example the construction of a facility to be used for testing, diagnosis, or treatment of infectious disease.
LMA Eligibility should be determined from the Map Application at HUD’s Lowand Moderate-Income Summary Data Application page. Instructions for HUD’s mapping application can be found at this link:
https://hud.maps.arcgis.com/apps/webappviewer/index.html?id=ffd0597e8af24 f88b501b7e7f326bedd
3. LMI Housing (LMH), as defined by household income limits • Households earning 80 percent of less of HAMFI.
4. LMI Job Creation or Retention (LMJ) activities
• LMJ is based on the number of full-time equivalent jobs created or retained • Must create or retain jobs, and 51 percent of those jobs must be for LMI persons
• To meet the public benefit requirements for LMJ activities, for every $85,000 spent (including activity delivery), one full-time equivalent job must be created or retained
B. Urgent Need National Objective
Urgent Need is a national objective that is available for instances where there are conditions in a community that must meet all of the following criteria:
• Pose a serious and immediate threat to the health or welfare of the community • Are of recent origin or recently became urgent
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• The applicant is unable to finance the activity
• Other resources of funding are not available to carry out the activity The availability of Urgent Need as a national objective depends on the overall LMI performance of the state. The state may only offer Urgent Need in the margin above the statutory 70% LMI requirement. As a result, Urgent Need will not be a default National Objective and may only be designated on a case-by-case basis. Applicants that have no option but to use Urgent Need must contact the Department to discuss how to prepare and submit their application.
V. Program set-asides
A. The CDBG-CV2 funding will have the following set-asides:
• Colonias – 5 percent of 48 percent of total CDBG-CV2 funding • Non-federally recognized tribes – 1.25 percent of 48 percent of total CDBG-CV2 funding
• Federally recognized tribes – 5 percent of 48 percent of total CDBG-CV2 funding B. The CDBG-CV3 funding will have the following set-asides:
• Colonias – 5 percent of total CDBG-CV3 funding
• Non-federally recognized tribes – 1.25 percent of total CDBG-CV3 funding The Department will set up a unique application form in the electronic Grants Management System for each set-aside type, and applications for set-aside funds may not be submitted under the general CDBG-CV2 and 3 electronic application form. The Department will hold a dedicated Tribal Workshop on Tuesday January 5, 2021. Registration is open to all eligible CDBG-CV applicants, and both non-federally recognized tribes and federally recognized tribes are encouraged to attend.
C. Native American Tribes (federally and non-federally recognized tribes) Applicants for the Tribal set aside include federally recognized and non-federally recognized tribes), tribally designated housing entities, and subrecipients (e.g. tribal affiliated groups or non-profits, tribal consortiums) who apply on behalf of a Tribe. All eligible applicants for the Tribal set-aside will be invited to participate in a technical assistance consultation with the Department’s staff and HUD Technical Assistance Providers prior to the Application due date. See Appendix M for additional information and resources.
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Tribal applications will adhere to the following schedule based on application type:
Public services applications for the federally and non-federally recognized Tribal Nations set-asides will be due no later than March 12, 2021 at 5pm PST. Applications will be reviewed on a rolling basis. Public service applications will be prioritized for funding. Applicants are encouraged to prioritize public services, including food stabilization, housing assistance, healthcare services, and education support in response to the impacts of COVID-19 on native communities. Public service applications will be reviewed first, and will be awarded funding based on time of receipt of a satisfactory complete, eligible, and accurate application. Eligible, complete, and accurate unfunded public service applications will be held for potential unclaimed funds, as described in section VII. Funding Limits below.
Housing, facilities, and infrastructure applications for the federally and non-federally recognized Tribal Nations set-asides will be due no later than March 12, 2021 at 5pm PST. Applications will be reviewed on a rolling basis after all public services applications have been reviewed and either approved or denied funding. Housing, facilities, and infrastructure applications will be reviewed after the public services, pending ongoing availability of funds, and will be awarded funding based on time of receipt of a satisfactory complete, eligible, and accurate application. Eligible, complete, and accurate unfunded public service applications will be held for potential unclaimed funds, as described in section VII. Funding Limits below, provided that unclaimed funds have first been made available to the public service applications above.
VI. Eligible applications
Applicants must meet the following requirements when the application is submitted to be eligible to apply for funding under this NOFA:
A. Eligible jurisdictions
Any California city or county except a city or county that participates in the HUDadministered CDBG Entitlement program either as a direct entitlement, or as part of an urban county consortium is eligible to apply for CDBG-CV2 and 3 funding, additionally, any federally recognized tribe, tribally designated housing entity, or nonfederally recognized tribe with contracting status is eligible to apply for CDBG-CV2 set-asides funding for tribes in this NOFA. Incorporated cities located in an urban county as defined by 42 U.S.C. 5302(a)(6) must formally elect to be excluded from participation in the urban county entitlement status. HUD must be notified that the city has elected to be excluded from the urban county participation as per 24 CFR 570.307(g) for it to be eligible for the state CDBG program, including CDBGCV2 and 3 funding in this NOFA. Eligible Applicants may use the following approaches. Only eligible activities from eligible Applicants will be reviewed.
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1. An eligible Applicant may apply on its own behalf.
2. An eligible Applicant may apply on behalf of one or more other eligible Applicants.
An application on behalf of one or more other eligible applications will need to include a Memorandum of Understanding, or similar formal agreement, fully executed by all parties of the application, that clearly identifies the lead Applicant and that details the roles, responsibilities, and requirements for each party. The agreement must be enforceable and submitted documentation must include resolutions from each participating jurisdiction approving the agreement.
3. Two or more eligible Applicants, which share a program, may submit a joint application. A joint application must include a Memorandum of Understanding, or similar formal agreement, fully executed by all parties of the application, that clearly identifies the lead Applicant and that details the roles, responsibilities, and requirements for each party. The agreement must be enforceable. Only one Applicant in a joint application may be designated as the lead agency and will have the lead responsibility for administering the Standard Agreement, financial management, and activity reporting.
4. An eligible Applicant may apply on behalf of an applicant that has been determined to be ineligible due to programmatic findings, outstanding litigation, or statutory non-compliance, provided the findings, litigation, and/or noncompliance has been resolved, or is actively in progress of resolution and will be resolved during the expenditure period of the CDBG-CV2 and 3 funding. Applicants that have been debarred are not eligible for funding, and no other applicant may apply on their behalf.
5. An eligible Applicant may partner with a non-federally recognized tribe, with tribal consent, to apply and administer funds on its behalf.
Applicants that have not applied to the CDBG program in the last 5 years, or who are first time applicants to the state administered CDBG program are strongly encouraged to schedule pre-application technical assistance meetings with the Department’s staff. These meetings are intended to help Applicants submit eligible applications that align with Applicant capacity and that are targeted to community needs and priorities. Ongoing technical assistance will be available to any entity that requests support in administering funds throughout the duration of the CDBG-CV funding.
B. Financial Management Compliance (2 CFR Part 200)
The Applicant must demonstrate to the satisfaction of the Department that it is in compliance with the financial management requirements at 2 CFR §200, et seq., including the single audit requirements of 2 CFR §200.501.
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C. Good standing
The Applicant, and any co-Applicant, together with the respective affiliates, must be in good standing with the Department (i.e., are current on all loan and/or grant obligations, have a satisfactory past performance history in all of their prior dealings with the Department, and are in full compliance with all Department contracts and reporting requirements.) Applicants not meeting the foregoing requirements shall include with their application evidence that they are actively working with the Department to resolve any issue.
D. Federal debarment
Pursuant to 24 CFR Part 5, all CDBG-CV Applicants are required to verify they and their, contractors, consultants, businesses, sub-recipients, etc., that will be conducting business with the Applicant as part of the activity are not presently debarred, proposed for debarment, suspended, declared ineligible, or voluntarily excluded from participation in the covered transaction or in any proposal submitted in connection with the covered transaction. All Applicants, contractors, consultants, businesses, sub-recipients, or any other organization proposing to operate with support from CDBG-CV funds must be registered with the federal System for Award Management (SAM). Entities that do not show results for a SAM search must register with SAM to be eligible for CDBG-CV funding. Applicants and Applicant partners are responsible for managing SAM registration and ensuring registrations are current and active. Individuals under the employment of the Applicant or Applicant partners do not need to be individually evaluated for debarment unless that individual is operating as an independent contractor instead of an employee.
The Department will not award any CDBG-CV program funds to Applicants that are debarred, suspended, proposed for debarment, and declared ineligible or voluntarily excluded from participation from federally assisted programs, or that are proposing to partner, contract, or otherwise fund activities through an organization that is debarred, suspended, proposed for debarment, or otherwise ineligible from participation in federally assisted programs. Applicants are responsible for providing proof that all program partners, subrecipients, contractors, and any other program participants, current or future, are not debarred. Applicants must provide proof from the federal SAM that the Applicant, all application partners, and any subrecipients, developers, consultants, and contractors participating in the application, the potential administration of the award, or the potential implementation of the Activity are not debarred. Applicants are not required to run debarment checks against individual employees. If Applicant has not yet procured the contractor or identified a subrecipient for a specific activity, the Applicant will be required to check for debarment prior to executing a contract or agreement for that activity and include proof of debarment evaluation in the activity file.
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If an Applicant is proposing an Economic Development activity that will provide funds, either through a loan or a grant, to for-profit businesses, those businesses must also be registered in SAM, and the Applicant must run a debarment check on each business. Businesses that are debarred will not be eligible for program funds.
Businesses that do not show results are not registered and must be registered to be eligible for funding.
E. Restrictions on multiple activities in the same political districts Applications for eligible activities outside the Applicant's jurisdiction must include a legally binding agreement, acceptable to the Department, with the city or county in which the eligible Activity is located. Applicants may not apply to both the state CDBG program (including CDBG-CV) and to a CDBG program administered by an Urban County or other entitlement entity during the same program year.
F. Racial Equity
Applicants should prioritize the advancement of racial equity in all CDBG-CV programs and across systems and units of government in their jurisdiction. The Department asks applicants to be leaders in their communities facilitating partnerships among service organizations, housing providers, units of government, businesses, the homelessness response system and other partners to promote racial equity practices. All Applicants must identify how they are working to ensure racial equity in access to programs, projects, and activities funded with CDBG-CV resources. Applicants must commit to analyzing disproportionality in access to housing, access to services, quality of service provision and desired outcomes in programs and projects and affirmatively further equitable access, quality of service provision and outcomes for protected classes, including but not limited to Black, Native and Indigenous, Latino/Latina/Latinx, Asian, Pacific Islanders and other people of color who have been historically marginalized and are disproportionately impacted by housing segregation, poverty, homelessness, and COVID-19.
Applicants cannot simply rely on delivering a standardization of services to address equity. Applicants must commit to reviewing their current policies and procedures and examining available data to ensure all eligible persons receive equitable services, support, and are served with dignity, respect and compassion regardless of circumstances, ability, or identity. See Appendix N for Racial Equity Resources and Tools.
When applying for CDBG-CV (Round 2 & 3) funds, applicants should consider:
• What are your community’s racial demographics and the demographics of those experiencing homelessness, housing and economic insecurity?
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• What are the outcomes of your CDBG programs based on race? What are your requirements for all sub-grantees to look at data to determine racial disparities and then put a plan in place to address them?
• How do underserved and marginalized communities learn about and enter CDBGCV programming? What marketing and communication strategies are used to increase equitable access to CDBG-CV programming?
• How does your grant making process include prioritization for programs that are addressing the disproportionate impacts that housing insecurity, homelessness, economic insecurity, lack of access to equitable health care and COVID-19 has on communities of color, particularly Black, Latinx, Asian, Pacific Islander, and Native and Indigenous communities?
• How are the voices of Black, Latinx, Asian, Pacific Islander, Native and Indigenous communities and those with lived experience of housing insecurity, homelessness and economic insecurity being centered in a meaningful, sustained way in creating effective approaches to addressing these challenges? How are they involved in the funding decision-making process?
• How are these funds accessible to smaller and non-traditional organizations that have historically been serving communities of color but may not have previously participated formally in government grant programs, and how would these funds address the organization capacity of organizations that are led by Black, Latinx, Asian, Pacific Islander, and Native and Indigenous people? • List your partner organizations that are addressing racial equity in the housing and homeless response system, the economic development sector and the health care sector and how do you partner with them.
The Department will require applicants to submit related racial and ethnic data metrics of their CDBG-CV programming on a quarterly reporting basis.
VII. Funding limits
A. Applications and Milestones
All applications must be submitted through the Department’s online Grants Network portal via https://portal.ecivis.com/#/login; no hard copies will be accepted.
Jurisdictions will submit one application per Activity. Each Activity must have a unique application with a complete budget, National Objective, scope of work, and milestone timeline. There will be no “combo” activities or applications accepted in this NOFA cycle. Each Activity, both projects and programs, is stand-alone with a separate budget and scope of work. General Administration should be budgeted for
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each Activity up to 13 percent of the total activity budget. HUD allows a total of 20 percent of funding to be used for planning and administration. The Federal Register Notice for CDBG-CV administration limits the state to 7 percent which allows up to 13 percent for local jurisdictions. The Department is not proposing to allocate any funding for planning only activities, which will allow local jurisdictions to access the full administration balance. Each Activity will have a stand-alone Standard Agreement for that Activity. Applicants are encouraged to review the attached draft Standard Agreement as a sample of the applicable terms and conditions. Applicants may elect to take less than the 13 percent allowed for administration and use administration funds to increase funding for Activities.
• Funds from this NOFA cycle will be available to eligible Applicants via allocation through a simplified application (See Appendix A for final jurisdiction allocations). • Activities submitted under the tribal set-asides will be limited according to the following schedule:
o Public service activities will be limited to $200,000 per activity application (activity type). Applicants are encouraged to evaluate need and capacity and ask for sufficient funding to successfully complete the activity. Applications asking for less than $50,000 will be subject to additional review for feasibility and may require additional feasibility documentation. Feasibility review is an opportunity for the Department to discuss the activity with the applicant and ensure the level of funding is right-sized to activity scope to promote successful completion of the activity.
o Housing and infrastructure activities (with the exception of housing and infrastructure assistance provided as part of a public service as identified above) will be limited to $500,000 per activity application (activity type). o Tribes are limited to $500,000 maximum award per tribe. o Applications submitted in partnership with three or more partners may apply for up to $1.5 million.
o Applicants are strongly encouraged to align funding asks with organizational capacity to deliver services and complete federal reporting requirements. o Applications will be reviewed on a rolling basis, as funding is available until either all applications submitted during the applicable application period have been funded, or all funds have been committed, whichever happens first, as per the funding re-allocation process below. See the Tribal Set-Asides section for the application schedule.
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• Applicants who did not apply for their CDBG-CV1 allocation will receive a reduced CV1 allocation in addition to their CV2 and 3 allocations as detailed below in Section B.
• Maximum total grant amount limits are the allocation for your jurisdiction. o Program income is not included in the allocation amounts. Total activity budgets may exceed the award limits if program income is included in the activity application.
o Program income included in a CDBG-CV application will be required to meet the same performance terms, duplication of benefits, and expenditure period for the CDBG-CV funds.
o DO NOT SUBMIT PROGRAM INCOME ONLY APPLICATIONS IN THE CDBG-CV APPLICATION. PROGRAM INCOME ONLY APPLICATIONS
SUBMITTED WITH THE CDBG-CV APPLICATION DURING THE CDBGCV2 AND 3 NOFA CYCLE WILL BE DENIED WITHOUT OPTION FOR REVISION OR REINSTATEMENT. Please see the annual CDBG application process for program income only application instructions. o Applications asking for less than $50,000 will be subject to additional review for feasibility and may require additional feasibility documentation. Feasibility review is an opportunity for the Department to discuss the activity with the applicant and ensure the level of funding is right-sized to activity scope to promote successful completion of the activity.
• Milestones: All CDBG-CV funded activities must be implemented according to the milestones defined in the Standard Agreement. Applicants must include, at the minimum, the following milestones for each Activity application:
o Milestone 1 – Activity startup
o Milestone 2 – Projected 20 percent expenditure
o Milestone 3 – Projected 50 percent expenditure
o Milestone 4 – Projected 80 percent expenditure
o Milestone 5 – Activity completion and 100 percent expenditure Additional milestones are optional, though encouraged for best practice Activity implementation. If milestones are not included in the application the Department will set default milestones for the Applicant, and the Applicant’s funding will be subject to recapture for any missed milestones. Default milestones are as follows:
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o Milestone 1 – Standard Agreement Execution
o Milestone 2 – June 1, 2021
o Milestone 3 – December 1, 2021
o Milestone 4 – May 1, 2022
o Milestone 5 – August 1, 2022
Applicants that fail to meet two or more consecutive milestones may be subject to funding re-capture, at the Department’s discretion. Recaptured funds will be treated as unclaimed funds, as discussed below.
B. CDBG-CV Unclaimed Funds
The CDBG-CV1 NOFA included allocations to all non-entitlement jurisdictions in the State of California. Allocations were made prior to the release of the Federal Register Notice 85 FR 51457 and did not include updated allowances for state administration.
The CDBG-CV1 NOFA identified multiple options for re-allocating funds that were not requested in the initial CDBG-CV1 NOFA process. These options included reallocating funds as part of a future CV NOFA. The Department has determined that based on the timeline for committing CDBG-CV1 funding, along with a prolonged wild-fire season, and overall reduced capacity at both the Department and among Applicants in the ability to apply for and commit funds, that the Department would make the necessary adjustments to the unclaimed CDBG-CV1 allocations to calculate and set-aside the Department’s allowed administration costs and include the remaining allocations with the CDBG-CV2 and 3 allocations to be available to the communities originally identified in the CDBG-CV1 NOFA. Please see Appendix A for revised awards in unclaimed CDBG-CV1 funds. Applicants that elect to access their unclaimed CDBG-CV1 funds along with their CV2 and 3 allocations will use the same CDBG-CV2 application templates for all activities, and will be limited to no more than 3 (three) total activities. In the event that CDBG-CV allocations (including CDBGCV1, 2, and 3) are left unclaimed at the end of the CDBG-CV2 and 3 NOFA period, funds will be re-allocated in the following priority:
a. In the event that CDBG-CV1 and 3 funds are left unclaimed at the close of the NOFA period, funds will be offered to jurisdictions that are meeting all of their performance goals on schedule and that have clearly indicated in their quarterly reporting that they have the need and capacity to utilize additional funding in a timely manner.
b. In the event that CDBG-CV2 funds are left unclaimed, funds will be redirected to applications submitted through the Tribal Set-aside. If applications for the Tribal
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Set-asides exceeds funding, unclaimed CDBG-CV2 allocations will first be awarded to any unfunded Tribal Set-Aside projects to the extent that either all projects are funded or all funds are committed, whichever happens first. c. In the event that there are insufficient unfunded Tribal Set-aside projects to commit all unclaimed CDBG-CV2 allocations, unclaimed funds will be offered to jurisdictions that are meeting all of their performance goals on schedule and that have clearly indicated in their quarterly reporting that they have the need and capacity to utilize additional funding in a timely manner.
VIII. Program administrative costs
Awardees will be allowed to use a total of up to 13 percent of their allocation for program administration costs. Costs incurred in COVID-19 response prior to the allocation may be eligible for reimbursement as per the CARES Act. Applicants will be asked to identify pre-agreement costs as part of the application budget.
IX. Pre-agreement costs
Costs incurred in COVID-19 response prior to allocation may be eligible for reimbursement as per the CARES Act so long as the Applicant has not already been reimbursed for such costs in connection with a prior CV1 award. Applicants will be required to identify pre-agreement costs. Pre-agreement costs not identified as part of the application budget will not be eligible for reimbursement. See the attached sample Standard Agreement for pre-agreement cost reimbursement terms.
X. Threshold Submittals and Program Requirements
• A city or county must be a non-entitlement jurisdiction and must not currently be party to an Urban County Agreement or participate in, or be eligible to participate in, the HUD-administered CDBG Entitlement program.
• The Activity applied for must be an eligible Activity as defined by 24 CFR §§ 570.201- 203 and the CARES Act.
• The Activity must meet a CDBG national objective as defined by 24 CFR §570.483. • The Applicant must provide the Department with its most recent single audit, if applicable. If the Applicant has open single audit findings (any findings, not just the Department, or federal program findings) and does not have a plan or agreement to remediate those findings, the Applicant will be deemed ineligible for funding through the state CDBG program until the findings are resolved or a remediation plan or agreement is established. Applicants exempt from single audit requirements must be on the official State Controller’s Office Single Audit Status List in Appendix O.
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• Pursuant to 24 CFR § 570.486, applications must follow CDBG Public Participation regulations as identified in the state’s updated Citizen Participation Requirements for Federal Programs, Plans, and Reports. Applicants will be expected to provide opportunities for virtual meetings that include opportunities for the public to pose questions about the program and receive answers. Applicants will also be expected to meet, noticing and public information requirements for the program as per federal regulations and the Citizen Participation Requirements.
As per HSC § 50829, the Applicant must submit a draft adopted Housing Element to the Department in accordance with the requirements listed in Government Code (GC) § 65580 et seq., most specifically GC § 65585. Failure to comply with the procedural requirements (i.e., GC § 65585) Housing Element law will invalidate the application for this NOFA and the Applicant will be deemed ineligible for funding through the state CDBG program, including CDBG-CV funding, until the Applicant has met procedural requirements. Applicants triggering the provision of HSC § 50830, must meet and document all pertinent requirements. See Appendix B for information on Housing Element status.
• The Applicant must certify that they have not enacted any growth controls that would render them ineligible for CDBG funding, as per certification in Appendix J Application Certifications.
• The Applicant must be in good standing with the Department as defined in Section VI of this NOFA.
• The Applicant must demonstrate compliance with Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 relocation requirements, as applicable. • The Applicant must demonstrate compliance with Article XXXIV, as applicable. • To reduce delays in the application review, award, and contracting processes, Applicants are required to use the Department’s Sample Resolution of the Governing Body. For reference, please see Appendix D.
XI. Applications
A. Application Workshops
The Department will hold a general NOFA Workshop via webinar on January 7, 2021 and a Tribal Workshop for both non-federally and federally recognized tribes and their partners, via webinar on January 5, 2021. Please visit the Department’s website at https://www.hcd.ca.gov/grants-funding/active-funding/cdbg.shtml to register.
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Applicants are also strongly encouraged to review available webinars and training materials on the CDBG program in general, the CDBG Redesign, using the Grants Network portal, and preparing a CDBG program application in the Grants Network portal.
B. Application submission
Applicants must follow instructions in both this NOFA and the online application, including naming convention requirements. Failure to follow instructions will result in disqualification. If an instruction is unclear or if an Applicant has viewed available training and is still unsure how to proceed, please attend an “HCD CDBG/ESG Office Hour” to ask your question, or email the question to Department staff at [email protected]. Applications disqualified due to failure to follow instructions will not be available for correction, and funding allocations will be re-allocated as per this NOFA.
The CDBG-CV application and all required attachments must be submitted to the Department through the Grants Network Portal located at https://portal.ecivis.com/#/login. Applications must include all required information to be submitted. Applicants must certify that all information is true and complete to the best of their knowledge, under penalty of perjury.
Applicants that do not have an account with Grants Network portal should log into the https://portal.ecivis.com/#/login. Use the “Create an account” option to initiate a profile.
Applications must meet all threshold and eligibility requirements upon submission. It is the Applicant’s responsibility to ensure that the submitted application is clear, complete, and accurate. Department staff may request clarifying information and may request that applications be revised and resubmitted to help address eligibility and threshold issues prior to approving applications and issuing awards.
C. 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 (“PRA”) (GC § 6250 et seq.). As such, the Department may disclose any materials provided by the Applicant to any person making a request under the PRA. The Department 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 identify information. By providing this information to the Department, the Applicant is waiving any claims of confidentiality, and consents to the Department’s disclosure of the Applicant’s material upon receipt of a PRA request.
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XII. Application review, approval and commitment process A. Application review
All applications are required to pass threshold requirements. Applications that do not meet threshold will not be further reviewed and will be returned to a draft status for Applicant revisions. All applications will be reviewed for Activity eligibility. Activities that do not meet program eligibility will be returned to a draft status for Applicant revisions. Applicants will be given a timeframe to revise and re-submit the application.
Timeframes will be based on the extent of necessary changes. Applicants that do not make requested changes in the given timeframe will have their allocation identified as unclaimed, and funding will be re-allocated as per Section VII. Funding Limits.
B. Recommendations
The Department will review applications and make award recommendations according to the above threshold criteria and the completeness of the application, including a clear COVID-19 nexus. Applicants that are recommended for awards will be contacted and provided with an opportunity to update project schedules or other date-dependent data that may have aged during the application review period.
Applicants will officially be notified of awards through the Grants Network portal.
Applicants should ensure that the appropriate contact information is included in applicant profiles to facilitate notifications of awards and requests for changes. The award notification will include instructions for accepting or declining the award, as well as an executable Standard Agreement. Applicants that are not recommended for awards will be notified through the Grants Network portal that their application has been returned to draft status for Applicant revision, as applicable.
C. Standard Agreements
Successful Applicants (Awardees) will enter into a Standard Agreement with the Department, a draft sample is included as Appendix K of this NOFA. The Standard Agreement contains all the relevant state and federal requirements, activity performance and management requirements, and disbursement requirements. A condition of award will be that a Standard Agreement must be executed by the Awardee within 30 days (contracting period) of the Awardee’s receipt of the Standard Agreement(s). Failure to execute and return the Standard Agreement(s) to the Department within the contracting period will result in award cancellation. Award cancellations are final.
XIII. Awards announcement and grant implementation
The Department anticipates awards will be announced as applications are approved for funding.
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XIV. Federal program requirements
A. Cross-cutting requirements
The CDBG-CV funding is administered under the general rules and regulations promulgated primarily in 24 CFR § 570.600, et seq. These primary regulations are known as the federal cross-cutting requirements and form the basis of the programmatic requirements. The Department incorporates all federal cross-cutting requirements into the state administered CDBG program, and the regulations in Part 570 are translated into required actions on the part of all Awardees of the state administered CDBG program, including CDBG-CV funds.
This following is a summary of the federal cross-cutting requirements:
1. Environmental Standards (based on National Environmental Policy Act of 1969 [NEPA])
2. Labor Standards (Davis-Bacon and related laws)
3. Achieving a HUD National Objective
4. Public participation requirements
5. Fair Housing and Affirmatively Furthering Fair Housing
6. Equal Opportunity and Non-Discrimination in federal Grant Programs
7. Federal Procurement Guidelines
8. National Flood Insurance Program compliance
9. Relocation and displacement requirements
10. Employment and Contracting Opportunities Section 3 compliance
11. Lead-based paint requirements
12. No use of debarred, ineligible, or suspended contractors or sub-recipients
13. Uniform Administrative Requirements and Cost Principles
14. Conflict of interest prohibitions
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15. Compliance with the Architectural Barriers Act and the Americans with Disabilities Act
16. Compliance with Eligibility Restrictions for certain resident aliens
17. Federal reporting requirements
18. Grant and subrecipient monitoring requirements
B. Relocation Plan requirement
Awardees engaging in project-specific activities that may or will cause the temporary or permanent relocation and displacement of persons, property, or businesses must provide a project-specific relocation plan as part of the application. The plan must meet the standards established in the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA). Awardees must successfully demonstrate that they have met URA requirements prior to the start of the project or displacement Activity. Applicants should include relocation costs in project budgets.
Awardees must provide General Information Notices to persons who may be displaced if the Activity in the grant application is funded. This plan must outline how the Awardee will enforce and manage the project’s temporary relocation and displacement activities and estimate what relocation benefits will be required so those costs can be included in the project’s development budget.
C. Article XXXIV compliance
Awardees engaging in low-income housing project activities that are subject to Article XXXIV of the California Constitution must show that the project approval process complies with Article XXXIV requirements as defined in the California Constitution, California state statutes, and applicable case law. The state statutes implementing Article XXXIV can be found at HSC § 37000, et seq.
D. Procurement
Pursuant to 24 CFR §570.489(g), all Awardees must comply with federal procurement requirements. The Department will review the Awardee’s procurement documents for services (i.e., administrative sub-contractor, Davis-Bacon Act consultant, etc.) at time of monitoring.
Requirements for federal procurement can be found at 2 CFR §200.317-326.
Awardees are responsible for meeting all federal procurement standards for goods and services funded through federal programs. Failure to meet procurement requirements may result in disqualification, recapture of federal funds, and debarment.
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E. Application Certifications and Statement of Assurances Applicants must sign and submit the Certifications and Statement of Assurances (Appendix J) with their application to meet threshold. Please review the Statement and confirm compliance with each requirement. Failure to comply with the certifications and assurances may result in disqualification, recapture of federal funds, and debarment.
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Column1 CV1 Revision CV2 CV3 Total
Toal Award $ 19,331,744.00 $113,263,490.00 $18,031,478.00 $150,626,712.00 Entitlement $ - $ 50,968,571.00 $ - $ 50,968,571.00
State Operations $ 1,353,222.00 $ 7,928,444.00 $ 1,262,203.00 $ 10,543,869.00 Local Assistance $ 17,978,522.00 $ 54,366,475.00 $16,769,275.00 $ 89,114,272.00 Requested $ 12,143,754.00 $ - $ - $ 12,143,754.00
Colonias Set Aside $ 898,926.00 $ 2,718,324.00 $ 838,464.00 $ 4,455,714.00 Federal Tribes Set-Aside $ - $ 2,718,324.00 $ - $ 2,718,324.00 Non-Federal Tribes Set-Aside $ 224,732.00 $ 679,581.00 $ 209,616.00 $ 1,113,929.00 Total for Allocation $ 48,250,247.00 $15,721,195.00 $ 63,971,442.00 Jurisdiction CV1 Rmdr CV2 CV3 Total UGLG LMI Housing Element Alpine County $ 49,430.00 $ 156,142.00 $ 50,875.00 $ 256,447.00 39.82% Currently Ineligible Alturas $ - $ 182,071.00 $ 59,323.00 $ 241,394.00 48.47% Eligible Amador City $ 47,821.00 $ 151,057.00 $ 49,218.00 $ 248,096.00 46.67% Currently Ineligible Amador County $ 97,715.00 $ 308,667.00 $ 100,572.00 $ 506,954.00 38.76% Eligible American Canyon $ 85,483.00 $ 270,027.00 $ 87,982.00 $ 443,492.00 33.80% Eligible Anderson $ - $ 238,505.00 $ 77,711.00 $ 316,216.00 61.16% Eligible Angels $ - $ 186,647.00 $ 60,814.00 $ 247,461.00 43.94% Eligible Arcata $ - $ 405,266.00 $ 132,046.00 $ 537,312.00 67.47% Eligible Artesia $ - $ 312,226.00 $ 101,731.00 $ 413,957.00 53.95% Eligible Arvin $ - $ 318,835.00 $ 103,885.00 $ 422,720.00 66.80% Eligible Atwater $ 115,259.00 $ 364,084.00 $ 118,628.00 $ 597,971.00 49.81% Eligible Auburn $ 87,254.00 $ 275,620.00 $ 89,804.00 $ 452,678.00 43.22% Eligible Avenal $ - $ 240,539.00 $ 78,374.00 $ 318,913.00 74.18% Eligible Benicia $ 10,327.00 $ 325,445.00 $ 106,038.00 $ 441,810.00 23.60% Eligible Biggs $ 51,362.00 $ 162,243.00 $ 52,863.00 $ 266,468.00 58.07% Eligible Bishop $ - $ 192,239.00 $ 62,637.00 $ 254,876.00 49.67% Eligible Blue Lake $ 49,591.00 $ 156,650.00 $ 51,041.00 $ 257,282.00 39.69% Currently Ineligible Brawley $ - $ 347,815.00 $ 113,327.00 $ 461,142.00 52.15% Eligible Appendix A: CDBG-CV2 and 3 Allocations and LMA %
Attachment 2
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Butte County $ - $ 768,276.00 $ 250,325.00 $ 1,018,601.00 45.99% Eligible Calaveras County $ - $ 475,428.00 $ 154,907.00 $ 630,335.00 41.57% Eligible Calexico $ - $ 469,327.00 $ 152,919.00 $ 622,246.00 51.68% Eligible Calimesa $ 64,560.00 $ 203,933.00 $ 66,447.00 $ 334,940.00 38.19% Eligible Calipatria $ - $ 176,987.00 $ 57,667.00 $ 234,654.00 57.63% Eligible Calistoga $ - $ 195,798.00 $ 63,796.00 $ 259,594.00 54.19% Eligible Capitola $ - $ 241,556.00 $ 78,705.00 $ 320,261.00 52.78% Eligible Carmel-by-the-Sea $ 59,570.00 $ 188,172.00 $ 61,311.00 $ 309,053.00 28.46% Eligible Chowchilla $ - $ 253,758.00 $ 82,681.00 $ 336,439.00 61.49% Eligible Clearlake $ - $ 335,613.00 $ 109,351.00 $ 444,964.00 71.16% Eligible Coalinga $ - $ 236,980.00 $ 77,214.00 $ 314,194.00 40.56% Eligible Colfax $ - $ 165,293.00 $ 53,857.00 $ 219,150.00 56.79% Eligible Colusa $ - $ 197,323.00 $ 64,293.00 $ 261,616.00 47.70% Eligible Colusa County $ 60,697.00 $ 191,731.00 $ 62,471.00 $ 314,899.00 38.92% Eligible Corcoran $ - $ 261,892.00 $ 85,331.00 $ 347,223.00 67.17% Eligible Corning $ - $ 212,576.00 $ 69,263.00 $ 281,839.00 66.47% Eligible Crescent City $ - $ 185,630.00 $ 60,483.00 $ 246,113.00 62.71% Eligible Del Norte County $ - $ 323,919.00 $ 10,541.00 $ 334,460.00 45.60% Eligible Dinuba $ - $ 341,206.00 $ 111,174.00 $ 452,380.00 60.81% Eligible Dixon $ - $ 265,451.00 $ 86,491.00 $ 351,942.00 38.99% Eligible Dorris $ - $ 152,583.00 $ 49,715.00 $ 202,298.00 72.58% Eligible Dos Palos $ 60,214.00 $ 190,206.00 $ 61,974.00 $ 312,394.00 65.38% Currently Ineligible Dunsmuir $ - $ 165,293.00 $ 53,857.00 $ 219,150.00 62.58% Eligible El Dorado County $ 350,248.00 $ 1,106,374.00 $ 360,486.00 $ 1,817,108.00 34.73% Eligible Etna $ - $ 154,108.00 $ 50,212.00 $ 204,320.00 68.57% Eligible Eureka $ - $ 431,704.00 $ 140,660.00 $ 572,364.00 50.52% Eligible Exeter $ - $ 224,778.00 $ 73,239.00 $ 298,017.00 54.96% Eligible Farmersville $ - $ 225,795.00 $ 73,570.00 $ 299,365.00 59.18% Eligible Ferndale $ 51,683.00 $ 163,259.00 $ 53,194.00 $ 268,136.00 34.69% Eligible Firebaugh $ - $ 219,185.00 $ 71,416.00 $ 290,601.00 61.04% Eligible Fort Bragg $ - $ 245,623.00 $ 80,030.00 $ 325,653.00 52.65% Eligible Fort Jones $ - $ 158,684.00 $ 51,703.00 $ 210,387.00 47.96% Eligible
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Fortuna $ 79,045.00 $ 249,690.00 $ 81,356.00 $ 410,091.00 49.51% Eligible Fowler $ 58,926.00 $ 186,138.00 $ 60,649.00 $ 305,713.00 49.83% Eligible Glenn County $
- $ 245,623.00 $ 80,030.00 $ 325,653.00 48.08% Eligible Grass Valley $ 98,681.00 $ 311,717.00 $ 101,566.00 $ 511,964.00 65.31% Eligible Greenfield $ 101,900.00 $ 321,886.00 $ 104,879.00 $ 528,665.00 64.77% Eligible Gridley $ 67,296.00 $ 212,576.00 $ 69,263.00 $ 349,135.00 45.79% Eligible Grover Beach $
- $ 278,670.00 $ 90,798.00 $ 369,468.00 53.61% Eligible Guadalupe $
- $ 232,404.00 $ 75,723.00 $ 308,127.00 69.04% Eligible Gustine $ 53,454.00 $ 168,852.00 $ 55,016.00 $ 277,322.00 46.42% Eligible Hidden Hills $ 51,844.00 $ 163,768.00 $ 53,360.00 $ 268,972.00 18.33% Eligible Hollister $
- $ 414,926.00 $ 135,194.00 $ 550,120.00 45.57% Eligible Holtville $ 60,053.00 $ 189,697.00 $ 61,808.00 $ 311,558.00 59.48% Eligible Humboldt County $
- $ 793,697.00 $ 258,607.00 $ 1,052,304.00 46.58% Eligible Huron $
- $ 228,845.00 $ 74,564.00 $ 303,409.00 70.69% Eligible Imperial $
- $ 210,034.00 $ 68,435.00 $ 278,469.00 20.91% Eligible Imperial County $
- $ 400,182.00 $ 130,390.00 $ 530,572.00 48.54% Eligible Indian Wells $ 64,560.00 $ 203,933.00 $ 66,447.00 $ 334,940.00 23.11% Eligible Industry $ 47,627.00 $ 150,447.00 $ 49,020.00 $ 247,094.00 65.85% Eligible Inyo County $
- $ 238,505.00 $ 77,711.00 $ 316,216.00 41.44% Eligible Ione $
- $ 172,919.00 $ 56,342.00 $ 229,261.00 38.75% Eligible Jackson $
- $ 200,882.00 $ 65,453.00 $ 266,335.00 49.71% Eligible King City $
- $ 308,667.00 $ 100,572.00 $ 409,239.00 68.41% Eligible Kings County $ 376,286.00 $ 122,604.00 $ 498,890.00 46.93% Eligible Lake County $
- $ 556,775.00 $ 181,412.00 $ 738,187.00 51.44% Eligible Lakeport $
- $ 182,071.00 $ 59,323.00 $ 241,394.00 41.50% Eligible Lassen County $ 74,217.00 $ 234,438.00 $ 76,386.00 $ 385,041.00 38.47% Eligible Lemoore $ 105,763.00 $ 334,088.00 $ 108,855.00 $ 548,706.00 41.05% Eligible Lincoln $
- $ 467,802.00 $ 152,422.00 $ 620,224.00 33.27% Eligible Lindsay $ 85,322.00 $ 269,519.00 $ 87,816.00 $ 442,657.00 67.17% Eligible Live Oak $ 65,203.00 $ 205,966.00 $ 67,109.00 $ 338,278.00 55.17% Eligible Livingston $
- $ 250,199.00 $ 81,521.00 $ 331,720.00 41.01% Eligible Loomis $ 59,409.00 $ 187,663.00 $ 61,146.00 $ 308,218.00 24.55% Eligible
City of Ukiah
20-CDBG-CV2-3-00069
Los Banos $ - $ 433,229.00 $ 141,157.00 $ 574,386.00 52.59% Eligible Loyalton $ 49,108.00 $ 155,125.00 $ 50,544.00 $ 254,777.00 55.81% Currently Ineligible Madera County $ 199,758.00 $ 631,004.00 $ 205,597.00 $ 1,036,359.00 47.90% Eligible Mammoth Lakes $ - $ 187,663.00 $ 61,146.00 $ 248,809.00 53.34% Eligible Maricopa $ 48,464.00 $ 153,091.00 $ 49,881.00 $ 251,436.00 60.66% Currently Ineligible Marina $ 114,776.00 $ 362,559.00 $ 118,131.00 $ 595,466.00 46.32% Currently Ineligible Mariposa County $ - $ 295,448.00 $ 96,265.00 $ 391,713.00 38.31% Eligible Marysville $ 80,333.00 $ 253,758.00 $ 82,681.00 $ 416,772.00 56.37% Eligible McFarland $ - $ 259,350.00 $ 84,503.00 $ 343,853.00 75.01% Eligible Mendocino County $ - $ 806,408.00 $ 262,749.00 $ 1,069,157.00 45.87% Eligible Merced County $ - $ 716,418.00 $ 233,428.00 $ 949,846.00 51.54% Eligible Modoc County $ 55,546.00 $ 175,461.00 $ 57,170.00 $ 288,177.00 48.50% Eligible Mono County $ - $ 176,987.00 $ 57,667.00 $ 234,654.00 50.27% Eligible Montague $ 157,667.00 $ 51,372.00 $ 209,039.00 43.29% Eligible Mount Shasta $ 206,475.00 $ 67,275.00 $ 273,750.00 45.91% Eligible Napa County $ 329,512.00 $ 107,634.00 $ 437,146.00 41.84% Eligible Nevada City $ 57,317.00 $ 181,054.00 $ 58,992.00 $ 297,363.00 48.00% Eligible Nevada County $ - $ 705,741.00 $ 229,949.00 $ 935,690.00 39.32% Eligible Orange Cove $ 73,734.00 $ 232,913.00 $ 75,889.00 $ 382,536.00 75.54% Eligible Orland $ - $ 212,576.00 $ 69,263.00 $ 281,839.00 55.25% Eligible Oroville $ - $ 315,276.00 $ 102,725.00 $ 418,001.00 55.20% Eligible Pacific Grove $ 86,449.00 $ 273,078.00 $ 88,976.00 $ 448,503.00 23.93% Eligible Palos Verdes Estates $ 70,354.00 $ 222,236.00 $ 72,410.00 $ 365,000.00 15.31% Eligible Parlier $ - $ 307,142.00 $ 100,075.00 $ 407,217.00 71.45% Eligible Pismo Beach $ 72,446.00 $ 228,845.00 $ 74,564.00 $ 375,855.00 43.06% Eligible Placer County $ 1,048,923.00 $ 341,767.00 $ 1,390,690.00 31.45% Eligible Placerville $ 80,655.00 $ 254,775.00 $ 83,012.00 $ 418,442.00 55.93% Eligible Plumas County $ - $ 278,670.00 $ 90,798.00 $ 369,468.00 41.09% Eligible Plymouth $ - $ 154,616.00 $ 50,378.00 $ 204,994.00 55.42% Eligible Point Arena $ - $ 154,616.00 $ 50,378.00 $ 204,994.00 53.85% Eligible Portola $ 54,742.00 $ 172,919.00 $ 56,342.00 $ 284,003.00 59.34% Eligible Rancho Mirage $ - $ 396,115.00 $ 129,065.00 $ 525,180.00 34.32% Eligible
City of Ukiah
20-CDBG-CV2-3-00069
Red Bluff $ - $ 285,280.00 $ 92,952.00 $ 378,232.00 58.69% Eligible Rio Dell $ - $ 181,562.00 $ 59,158.00 $ 240,720.00 48.88% Eligible Rio Vista $ 70,032.00 $ 221,219.00 $ 720,179.00 $ 1,011,430.00 43.80% Eligible Riverbank $ 88,863.00 $ 280,704.00 $ 91,461.00 $ 461,028.00 35.70% Eligible San Benito County $ - $ 278,670.00 $ 90,798.00 $ 369,468.00 45.98% Eligible San Joaquin $ - $ 180,546.00 $ 58,826.00 $ 239,372.00 76.81% Eligible San Juan Bautista $ - $ 174,445.00 $ 56,839.00 $ 231,284.00 51.56% Eligible San Juan Capistrano $ 172,397.00 $ 544,573.00 $ 177,436.00 $ 894,406.00 51.84% Eligible Sand City $ 48,754.00 $ 154,006.00 $ 50,179.00 $ 252,939.00 62.90% Eligible Sanger $ - $ 355,950.00 $ 115,978.00 $ 471,928.00 47.09% Eligible Santa Cruz County $ - $ 1,304,657.00 $ 425,091.00 $ 1,729,748.00 50.09% Eligible Scotts Valley $ 75,504.00 $ 238,505.00 $ 77,711.00 $ 391,720.00 24.62% Eligible Shasta County $ - $ 661,000.00 $ 215,371.00 $ 876,371.00 42.64% Eligible Shasta Lake $ - $ 234,946.00 $ 76,552.00 $ 311,498.00 44.42% Eligible Sierra County $ 49,108.00 $ 155,125.00 $ 50,544.00 $ 254,777.00 42.56% Eligible Siskiyou County $ - $ 326,970.00 $ 106,535.00 $ 433,505.00 50.10% Eligible Solano County $ 93,370.00 $ 294,940.00 $ 96,099.00 $ 484,409.00 39.35% Eligible Soledad $ - $ 278,162.00 $ 90,632.00 $ 368,794.00 56.49% Eligible Sonora $ 66,491.00 $ 210,034.00 $ 68,435.00 $ 344,960.00 54.59% Eligible South Lake Tahoe $ - $ 381,371.00 $ 124,261.00 $ 505,632.00 59.15% Eligible St. Helena $ - $ 204,441.00 $ 66,612.00 $ 271,053.00 36.53% Eligible Suisun City $ - $ 355,950.00 $ 115,978.00 $ 471,928.00 41.31% Eligible Susanville $ 67,779.00 $ 214,101.00 $ 69,760.00 $ 351,640.00 42.62% Eligible Sutter County $ - $ 267,485.00 $ 87,154.00 $ 354,639.00 40.84% Eligible Sutter Creek $ 57,156.00 $ 180,546.00 $ 58,826.00 $ 296,528.00 50.48% Eligible Taft $ 65,847.00 $ 208,000.00 $ 67,772.00 $ 341,619.00 45.35% Eligible Tehama $ - $ 150,447.00 $ 49,020.00 $ 199,467.00 47.56% Eligible Tehama County $ - $ 429,772.00 $ 140,031.00 $ 569,803.00 47.18% Eligible Trinidad $ 47,982.00 $ 151,566.00 $ 49,384.00 $ 248,932.00 27.27% Eligible Trinity County $ - $ 279,687.00 $ 91,129.00 $ 370,816.00 48.72% Eligible Truckee $ - $ 240,539.00 $ 78,374.00 $ 318,913.00 27.72% Eligible Tulare County $ - $ 1,345,330.00 $ 438,344.00 $ 1,783,674.00 53.64% Eligible
City of Ukiah
20-CDBG-CV2-3-00069
Tulelake $
- $ 157,158.00 $ 512,016.00 $ 669,174.00 63.50% Eligible Tuolumne County $
- $ 557,791.00 $ 181,743.00 $ 739,534.00 38.07% Eligible Ukiah $
- $ 298,498.00 $ 97,259.00 $ 395,757.00 49.25% Eligible Vernon $ 47,467.00 $ 149,939.00 $ 48,854.00 $ 246,260.00 75.00% Eligible Wasco $ 98,681.00 $ 311,717.00 $ 101,566.00 $ 511,964.00 57.01% Eligible Weed $
- $ 175,970.00 $ 57,336.00 $ 233,306.00 65.41% Eligible Westmorland $
- $ 166,818.00 $ 54,354.00 $ 221,172.00 77.14% Currently Ineligible Wheatland $ 52,327.00 $ 165,293.00 $ 53,857.00 $ 271,477.00 30.21% Eligible Williams $ 58,765.00 $ 185,630.00 $ 60,483.00 $ 304,878.00 36.54% Eligible Willits $
- $ 212,068.00 $ 69,097.00 $ 281,165.00 55.82% Eligible Willows $ 68,100.00 $ 215,118.00 $ 70,091.00 $ 353,309.00 44.56% Eligible Winters $
- $ 203,933.00 $ 66,447.00 $ 270,380.00 40.32% Eligible Woodlake $ 65,364.00 $ 206,475.00 $ 67,275.00 $ 339,114.00 62.74% Eligible Yolo County $
- $ 314,259.00 $ 102,394.00 $ 416,653.00 50.42% Eligible Yountville $ 58,926.00 $ 186,138.00 $ 60,649.00 $ 305,713.00 44.71% Eligible Yreka $
-$ $ 76,386.00 $ 99,824.00 59.78% Eligible
Yuba County $
- $ 627,445.00 $ 204,438.00 $ 831,883.00 45.13% Eligible 234,438
City of Ukiah
20-CDBG-CV2-3-00069
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
(916) 263-2771
www.hcd.ca.gov
January 13, 2021
Sage Sangiacomo, City Manager
City of Ukiah
300 Seminary Ave
Ukiah, CA 95482
Dear Sage Sangiacomo:
RE: Award Announcement – City of Ukiah
Contract No.: 20-CDBG-CV1-00004 / CFDA # 14.228
The California Department of Housing and Community Development (Department) is pleased to announce that the City of Ukiah has been awarded a Community Development Block Grant – Coronavirus Response Round 1 (CDBG-CV1) in the amount of $108,757. This letter constitutes notice of the award of CDBG-CV1 funds for use in Mendocino County.
The City of Ukiah 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.
Congratulations on your successful application. A fact sheet summarizing your 2020 award activities and funding information is enclosed.
For further information, please contact Roxann Kuhnert, CDBG Program Manager, at (916) 263-6468 or [email protected]. The Department looks forward to working with you to promote the success of your CDBG activities.
Sincerely,
Jennifer Seeger
Deputy Director
Enclosure
Attachment 3
City of Ukiah
20-CDBG-CV2-3-00069
California Department of Housing and Community Development Community Development Block Grant (CDBG) Program
2020 Award Detail
City of Ukiah Fact Sheet
Contract No.: 20-CDBG-CV1-00004
Activity Funding Activity Amount
Public Facilities and Improvements - Improvement Project for Surge Capacity$108,757 TOTAL AWARD: $108,757
City of Ukiah
20-CDBG-CV2-3-00069
RESOLUTION NO. 2021-__
A RESOLUTION APPROVING AN APPLICATION FOR FUNDING AND THE
EXECUTION OF A GRANT AGREEMENT AND ANY AMENDMENTS THERETO FROM THE 2020 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMCORONAVIRUS RESPONSE ROUND 2 AND 3 (CDBG-CV2 and CV3) NOFA DATED DECEMBER 18, 2020
BE IT RESOLVED by the City Council of the City of Ukiah as follows:
SECTION 1:
The City Council has reviewed and hereby approves the submission to the State of California of one or more application(s), in the aggregate amount, not to exceed $395,757, for the following CDBG-CV2 and CV3 activities, pursuant to the December 2020 CDBG-CV2/3 Notice of Funding Availability (NOFA):
City of Ukiah Subsistence Payments Program $200,000
General Administration- Subsistence Payments Program $ 23,009 Public Facility Improvement Project- Permanent Generator $ 27,891 General Administration- Public Facility Improvement Project $ 3,209 Purchase of Ukiah Valley Fire Authority Ambulance $141,648 Total $395,757
SECTION 2:
The City has committed the use of Program Income for activities within its 2019-2020 CDBG Business Assistance application and acknowledges no Program Income is authorized or approved for the CDBG-CV2 and CV3 activities described in Section 1.
SECTION 3:
The City acknowledges compliance with all state and federal public participation requirements in the development of its application(s).
SECTION 4:
The City hereby authorizes and directs the City Manager to execute and deliver all applications and act on the City's behalf in all matters pertaining to all such applications.
SECTION 5:
If an application is approved, the City Manager is authorized to enter into, execute and deliver the grant agreement (i.e., Standard Agreement) and any and all subsequent amendments thereto with the State of California for the purposes of the grant.
SECTION 6:
If an application is approved, the City Manager is authorized to sign and submit Funds Requests and all required reporting forms and other documentation as may be required by the State of California from time to time in connection with the grant.
Attachment 4
City of Ukiah
20-CDBG-CV2-3-00069
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ukiah held on February 3, 2021 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
__________________________________
Juan V. Orozco, Mayor
Ukiah City Council
STATE OF CALIFORNIA
City of Ukiah
ATTEST:
I, Kristine Lawler, City Clerk of the City of Ukiah, State of California, hereby certify the above and foregoing to be a full, true and correct copy of a resolution adopted by said City Council on this 3rd day of February, 2021.
Kristine Lawler, City Clerk
of the City of Ukiah of the State of California
By: _____________________________________
City of Ukiah
20-CDBG-CV2-3-00069
RESOLUTION NO. 2021-__
A RESOLUTION APPROVING AN AMENDMENT TO THE 2020 COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM- CORONAVIRUS RESPONSE ROUND 1 (CDBG-CV1) STANDARD AGREEMENT TO ADD ADDITIONAL FUNDS FROM THE 2020 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM- CORONAVIRUS RESPONSE ROUND 2 AND 3 NOFA DATED DECEMBER 18, 2020
BE IT RESOLVED by the City Council of the City of Ukiah as follows:
SECTION 1:
The City Council has reviewed and hereby approves the submission to the State of California (“State”) of application(s) to add additional funding to the City’s existing CDBG-CV1 Standard Agreement with the State (“Standard Agreement”) for the following new CDBG-CV2 and CV3 activities pursuant to the State’s December 2020 CDBG-CV2 and 3 Notice of Funding Availability (“NOFA”):
Current CDBG-CV1 Activities
Public Facility Improvement Project- Permanent Generator $ 92,954 General Administration $ 15,803
Amount of New CDBG-CV2 and 3 Funds to Be Added to Activities Public Facility Improvement Project- Permanent Generator $ 27,891 General Administration- Permanent Generator $ 3,209
Total Amount of All CDBG-CV Activities
Public Service- City of Ukiah Subsistence Payments Program $200,000 General Administration- Subsistence Payments Program $ 23,009 Public Facility Improvement Project- Permanent Generator $120,845 General Administration- Permanent Generator $ 19,012
Public Service- Purchase of Ukiah Valley Fire Authority Ambulance $141,648 Total $504,514
SECTION 2:
The City has committed the use of Program Income for activities within its 2019-2020 CDBG Business Assistance application and acknowledges no Program Income is authorized or approved for the CDBG-CV2 and CV3 activities described in Section 1.
SECTION 3:
The City acknowledges compliance with all state and federal public participation requirements in the development of its application(s) for the new CDBG-CV2 and CV-3 activities described in Section 1 above.
Attachment 5
City of Ukiah
20-CDBG-CV2-3-00069
SECTION 4:
The City hereby authorizes and directs the City Manager to execute and deliver all applications and act on the City's behalf in all matters pertaining to all such applications.
SECTION 5:
If an amendment to the Standard Agreement is approved as contemplated above, the City Manager is authorized to enter into, execute and deliver an amendment to the Standard Agreement and any and all other documentation which may be required by the State from time to time for the purposes of this grant.
SECTION 6:
If an application is approved, the City Manager is authorized to sign and submit Funds Requests and all required reporting forms and other documentation as may be required by the State of California from time to time in connection with this grant.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ukiah held on February 3, 2021 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
__________________________________
Juan V. Orozco, Mayor
Ukiah City Council
City of Ukiah
20-CDBG-CV2-3-00069
STATE OF CALIFORNIA
City of Ukiah
ATTEST:
I, Kristine Lawler, City Clerk of the City of Ukiah, State of California, hereby certify the above and foregoing to be a full, true and correct copy of a resolution adopted by said City Council on this 3rd day of February, 2021.
Kristine Lawler, City Clerk
of the City of Ukiah of the State of California
By: _____________________________________
City of Ukiah
20-CDBG-CV2-3-00069
AGENDA ITEM 5b
CITY OF UKIAH
CITY COUNCIL MINUTES
Regular Meeting
CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue
Ukiah, CA 95482
February 3, 2021
6:00 p.m.
1. ROLL CALL
Ukiah City Council met at a Regular Meeting on February 3, 2021, having been legally noticed on January 29, 2021. Mayor Orozco called the meeting to order at 6:01 p.m. Roll was taken with the following Councilmembers Present: Douglas F. Crane, Mari Rodin, Josefina Dueňas, and Juan V.
Orozco. Councilmember Absent by Prearrangement: Jim O. Brown Staff Present: Sage Sangiacomo, City Manager; David Rapport, City Attorney; and Kristine Lawler, City Clerk.
MAYOR OROZCO PRESIDING.
2. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Orozco.
3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS
a. Adoption of Resolution and Administer of Oath of Office Appointing Mari Rodin to the City Council, Filling the Unexpired Term of Maureen Mulheren, and Becoming Effective Immediately Thereafter.
Presenter: Kristine Lawler, City Clerk.
Motion/Second: Crane/Orozco to adopt Resolution (2021-02) and direct Clerk to administer the Oath of Office to Mari Rodin, appointing her to fill the unexpired term of departed Councilmember Maureen Mulheren, to become effective immediately thereafter, with the term ending with the General Municipal Election in November 2022. Motion carried by the following roll call votes: AYES:
Crane, Dueňas, and Orozco. NOES: None. ABSENT: Brown. ABSTAIN: None.
The Oath of Office was administered to Councilmember Mari Rodin, and she took seat on the City Council.
URGENCY ITEM: Recognizing February, 2021, As “Black History Month” In the City Of Ukiah.
Presenter: Sage Sangiacomo, City Manager.
Motion/Second: Crane/Rodin to accept Urgency Item due to timelines and place as Agenda Item 3b. Motion carried by the following roll call votes: AYES: Crane, Rodin, Dueňas, and Orozco. NOES:
None. ABSENT: Brown. ABSTAIN: None.
b. Urgency Item: Recognizing February, 2021, As “Black History Month” In the City Of Ukiah.
Presenter: Mayor Orozco.
Public Comment: Troyle Tagnoli.
Proclamation was received by Troyle Tagnoli
4. PETITIONS AND COMMUNICATIONS
City of Ukiah
20-CDBG-CV2-3-00069
City Council Minutes for February 3, 2021, Continued:
5. APPROVAL OF MINUTES
a. Approval of the Minutes for the January 20, 2021, Regular Meeting Motion/Second: Crane/Duenas to approve Minutes of January 20, 2020, a regular meeting, as submitted. Motion carried by the following roll call votes: AYES: Crane, Rodin, Dueňas, and Orozco.
NOES: None. ABSENT: Brown. ABSTAIN: None.
6. RIGHT TO APPEAL DECISION
7. CONSENT CALENDAR
a. Award Contract (COU No. 2021-166) for Professional Environmental Services with GHD for Permitting Efforts for the Maintenance of Gibson Creek Box Culvert at School Street in the Amount of $11,800 – Public Works.
b. Possible Adoption of Ordinance Amending Section 7161 of Division 8, Chapter 1, Article 11 of the City Code to Regulate Short Time Limit Parking – Community Development.
ORDINANCE NO. 1209
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING SECTION 7161 OF DIVISION 8, CHAPTER 1, ARTICLE 11 OF THE CITY CODE TO REGULATE SHORT TIME LIMIT PARKING.
c. Possible Adoption of Ordinance Amending Section 9224.7 of Division 9, Chapter 2, Article 18 of the City Code to Regulate Permanent Outdoor Dining Facilities – Community Development.
ORDINANCE NO. 1210
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING SECTION 9224.7 OF DIVISION 9, CHAPTER 2, ARTICLE 18 OF THE CITY CODE TO REGULATE PERMANENT OUTDOOR DINING FACILITIES.
d. Review and Approve Updates to the Sewer System Management Plan for the 5-Year Audit Period and Recertify the Document – Water Resources.
e. Approval of Agreement (COU No. 2021-167) with JM Integration for SCADA Upgrades at the Water Treatment Plant in the Amount of $259,756, and Approval of Corresponding Budget Amendment – Water Resources.
f. Approval of Change Order #3 (COU No. 2021-087-CO3) to CV Larsen Company in the Amount of $173,283.12 for Pressure Zone 2 South Reservoir Replacement Project, Specification No. 20-02 for a Total Revised Contract Amount of $742,053.88 – Water Resources. g. Approve the Renewal of the ESRI Geographical Information System (GIS) Software Licensing Agreement (COU No. 2021-168) for a Term of Three Years in the Amount of $27,500 Annually for a Total of $82,500 Plus Applicable Sales Tax – Public Works. h. Approve Budget Amendment in the Amount of $40,000 to Establish an Account for the Payment of Fees to the Mendocino Local Agency Formation Commission Related to FY 2020- 21 Reorganization Applications and the City's Municipal Service Review and Sphere of Influence Update – Community Development.
City of Ukiah
20-CDBG-CV2-3-00069
City Council Minutes for February 3, 2021, Continued:
i. Accept and Authorize Expenditure of a Grant Award from the California Fire Foundation in the Amount of $10,000.00 for Fireline Hose Clamps and Wildland PPE Fireline Packs; and Approve Corresponding Budget Amendments - Fire.
j. Accept and Authorize Expenditure of Grant Funds from FM Global in the Amount of $3,339.00 for two (2) Combustible Gas Detectors; and Approval of Corresponding Budget Amendments - Fire.
k. Report of a Contract (COU No. 1920-193) with Cordico Psychological Corporation for the Use of Cordico’s Wellness Software, and Approve Its Continued Use - Police.
l. Update on Emergency Repair of the Yosemite Drive Water Main and Determine that Emergency Conditions Continue to Require the Emergency Repair – Public Works. Staff pulled due to duplication on agenda.
m. Authorization of Payment to Sonoma Water for Professional Services (COU No. 2021-170) Related to the Stormwater Resource Plan Preparation and Implementation from Grant Funds Received, and Approval of Corresponding Budget Amendment – Water Resources.
Motion/Second: Crane/Duenas to approve Consent Calendar Items 7a-7k, and 7m, as submitted.
Motion carried by the following roll call votes: AYES: Crane, Rodin, Dueňas, and Orozco. NOES:
None. ABSENT: Brown. ABSTAIN: None.
8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
No public comment was received.
9. COUNCIL REPORTS
No Council reports were received.
10. CITY MANAGER/CITY CLERK REPORTS
No City Manager/City Clerk reports were received.
11. PUBLIC HEARINGS (6:15 PM)
a. Conduct a Public Hearing to Consider Adoption of a Resolution Approving the Submittal of One or More Applications in the Aggregate Amount Not to Exceed $395,757 in response to the 2020 State Community Development Block Grant Program- Coronavirus Response Round 2 and 3 (CDBG-CV2 and CV3) NOFA Dated December 18, 2020; and Consider Adoption of a Resolution Approving an Amendment to the 2020 CDBG- Coronavirus Response Round 1 (CDBG-CV1) Standard Agreement to Add Additional Funds From the 2020 CDBG-CV2 and CV3 NOFA Dated December 18, 2020; and Approve Corresponding Budget Amendments if Awarded Funding for the Application(s).
Presenter: Craig Schlatter, Community Development Director.
PUBLIC HEARING OPENED AT 6:48 P.M.
No public comment was received.
PUBLIC HEARING CLOSED AT 6:49 P.M.
Motion/Second: Crane/Orozco to adopt resolution (2021-03) approving the submittal of one or more applications (COU No. 2021-171) in the aggregate amount not to exceed $395,757 in response to the 2020 State Community Development Block Grant Program- Coronavirus Response Round 2 and 3 (CDBG-CV2 and CV3) NOFA dated December 18, 2020; and adopt resolution (2021-04) in Attachment 5 approving an amendment to the 2020 CDBG- Coronavirus Response Round 1 (CDBGPage 9 of 472 City of Ukiah
20-CDBG-CV2-3-00069
City Council Minutes for February 3, 2021, Continued:
CV1) standard agreement to add additional funds from the 2020 CDBG-CV2 and CV3 NOFA dated December 18, 2020; and approve corresponding budget amendments if awarded funding for the application(s). Motion carried by the following roll call votes: AYES: Crane, Dueňas, Brown, and Orozco. NOES: None. ABSENT: None. ABSTAIN: None.
12. UNFINISHED BUSINESS
a. Receive Status Report and Consider Any Action or Direction Related to the Novel Coronavirus (COVID-19) Emergency Including Operational Preparedness and Response; Continuity of City Operations and Services; Community and Business Impacts; and Any Other Related Matters.
Presenter: Tami Bartolomei, Office of Emergency Services Coordinator.
Report was received.
b. Possible Introduction by Title Only of an Ordinance Amending Division 1, Chapter 4, Article 4 of the City Code, Establishing the Procedure for Filling Vacancies on the Planning Commission
Presenter: Darcy Vaughn, Assistant City Attorney.
Motion/Second: Crane/Duenas to introduce the Ordinance by title only. Motion carried by the following roll call votes: AYES: Crane, Dueňas, and Orozco. NOES: Rodin. ABSENT: Brown.
ABSTAIN: None.
City Clerk, Kristine Lawler, read the following title into the record:
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING SECTION 1151 OF DIVISION 4, CHAPTER 4, ARTICLE 4 OF THE CITY CODE REGARDING APPOINTMENT OF PLANNING COMMISSIONERS.
Motion/Second: Crane/Orozco to introduce the Ordinance amending Division 1, Chapter 4, Article 4 of the City Code regarding the procedure for filling vacancies on the Planning Commission. Motion carried by the following roll call votes: AYES: Crane, Dueňas, and Orozco. NOES: Rodin. ABSENT:
Brown. ABSTAIN: None.
c. Update on Emergency Repair of the Yosemite Drive Water Main and Determine that Emergency Conditions Continue to Require the Emergency Repair.
Presenter: Tim Eriksen, Public Works Director/City Engineer.
Motion/Second: Crane/Rodin to determine that emergency conditions continue to require the repair of the Yosemite Drive Water Main without competitive bidding. Motion carried by the following roll call votes: AYES: Crane, Rodin, Dueňas, and Orozco. NOES: None. ABSENT: Brown. ABSTAIN:
None.
d. Consider Request for Continuing Funding, in the Amount of $50,000.00, for the Ongoing Potter Valley Project Licensing Efforts by the Mendocino County Inland Water and Power Commission.
Presenter: Sean White, Water Resources Director.
Motion/Second: Crane/Rodin to approve request for continuing funding, in the amount of $50,000, for the ongoing Potter Valley Project licensing efforts by the Mendocino County Inland Water and Power Commission. Motion carried by the following roll call votes: AYES: Crane, Rodin, Dueňas, and Orozco. NOES: None. ABSENT: Brown. ABSTAIN: None.
City of Ukiah
20-CDBG-CV2-3-00069
City Council Minutes for February 3, 2021, Continued:
13. NEW BUSINESS
a. Consideration and Possible Adoption of Resolution Adopting the City of Ukiah Subsistence Payment Program Guidelines, to Possibly be Funded by the State Community Development Block Grant Program- Coronavirus Response Round 2 and 3 (CDBG-CV2 and CV3).
Presenter: Craig Schlatter, Community Development Director.
Motion/Second: Rodin/Crane to adopt resolution (2021-05) adopting the City of Ukiah CDBG-CV Subsistence Payment Program Guidelines. Motion carried by the following roll call votes: AYES:
Crane, Rodin, Dueňas, and Orozco. NOES: None. ABSENT: Brown. ABSTAIN: None. b. Authorization for the City Manager to Negotiate and Execute the No-Fee Transfer of and Associated Maintenance Agreement for Parcel 002-101-31 Near Orr Creek from Rural Communities Housing Development Corporation to the City of Ukiah.
Presenter: Shannon Riley, Deputy City Manager.
Motion/Second: Crane/Rodin to authorize the City Manager to negotiate and execute the no-fee transfer of parcel number 002-101-31 and an associated maintenance agreement (COU No. 2021- 173) from Rural Communities Housing Development Corporation to the City of Ukiah. Motion carried by the following roll call votes: AYES: Crane, Rodin, Dueňas, and Orozco. NOES: None. ABSENT:
Brown. ABSTAIN: None.
c. Receive Updates on City Council Committee and Ad Hoc Assignments, and, if Necessary, Consider Modifications to Assignments and/or the Creation/Elimination of Ad Hoc(s); Including Consideration of Adoption of Resolution Appointing a Member and Alternative Member to the Ukiah Valley Basin Groundwater Sustainability Agency (UVBGSA).
Presenter: Sage Sangiacomo, City Manager.
Motion/Second: Rodin/Duenas to adopt the Resolution (2021-06) appointing Councilmember Crane as a Director, and Mayor Orozco as an Alternative Director to the Ukiah Valley Basin Groundwater Sustainability Agency (UVBGSA). Motion carried by the following roll call votes: AYES:
Crane, Rodin, Dueňas, and Orozco. NOES: None. ABSENT: Brown. ABSTAIN: None.
Motion/Second: Rodin/Orozco to appoint Councilmembers Crane and Rodin to serve on an ad hoc committee to look into the appointment process of planning commissioners. Motion carried by the following roll call votes: AYES: Crane, Rodin, Dueňas, and Orozco. NOES: None. ABSENT: Brown.
ABSTAIN: None.
14. CLOSED SESSION
a. Conference with Legal Counsel—Anticipated Litigation (Government Code Section 54956.9(d)(2))
Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2)(Number of potential cases: 3)"
b. Conference with Legal Counsel—Anticipated Litigation (Government Code Section 54956.9(d)(4))
Deciding whether to initiate litigation pursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9 (Potential Cases: 1)"
c. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9(d)(1))
Name of case: Vichy Springs Resort v. City of Ukiah, Et Al; Case No. SCUK-CVPT-2018-70200
City of Ukiah
20-CDBG-CV2-3-00069
City Council Minutes for February 3, 2021, Continued:
d. Conference with Legal Counsel — Existing Litigation
Cal. Gov't Code Section 54956.9( d)( 1))
Name of case: City of Ukiah v. Questex, LTD, et al, Mendocino County Superior Court, Case No. SCUK- CVPT- 15-66036
e. Conference with Labor Negotiator( 54957.6)
Agency Representative: Sage Sangiacomo, City Manager
Employee Organizations: All Bargaining Units
f. Conference with Real Property Negotiators
Cal. Gov't Code Section 54956.8)
Property: APN Nos: 157- 050-03, 157- 060-02, 157- 050-04, 157- 050-03, 157- 030-02, 157- 050- 01, 157-050- 02, 157-050- 10, 157-050- 09, 157-070- 01, 157-070- 02, 003- 190- 01 Negotiator: Sage Sangiacomo, City Manager;
Negotiating Parties: Dave Hull and Ric Piffero
Under Negotiation: Price & Terms of Payment
g. Conference with Real Property Negotiators
Cal. Gov't Code Section 54956.8)
Property: APN Nos: 002- 101- 31 and 002- 101- 30
Negotiator: Sage Sangiacomo, City Manager;
Negotiating Parties: Rural Communities Housing Development Corporation Under Negotiation: Price & Terms of Payment
No Closed Session was held.
15. ADJOURNMENT
There being no further business, the meeting adjourned at 8: 11 p. m.
Kristine Lawler, City Clerk
City of Ukiah
20-CDBG-CV2-3-00069
2020 CDBG-CV2 and CV3 APPLICATIONS
Description of Application Submittal Public Hearing
The Ukiah City Council conducted an application submittal public hearing on February 3, 2021, with the meeting publicly noticed on January 22, 2021. At the public hearing, the City Council received a report from staff on possible applications to be submitted under the 2020 CDBG-CV2 and CV3 Allocation. Staff also answered questions from City Councilmembers related to recommended application activities. City Council then adopted resolutions to 1) approve submitting applications for a Subsistence Payments Program, ambulance purchase for the Ukiah Valley Fire Authority, and permanent generator installation at a City of Ukiah public facility; and 2) approve an amendment to the CDBG-CV1 standard agreement to add additional funds from the CDBG-CV2/CV3 allocation to the public facility improvement project for installation of the permanent generator.
No members of the public commented during the public hearing, nor were any written comments received.
Copies of the agenda and staff report for the February 3, 2021 public hearing are attached. Due to the COVID-19 shelter in place order, the public hearing was held via virtual meeting, a recording of which is available at this web address: www.cityofukiah.com/meetings.
City of Ukiah
20-CDBG-CV2-3-00069
City of Ukiah
20-CDBG-CV2-3-00069
City of Ukiah
20-CDBG-CV2-3-00069
City of Ukiah
20-CDBG-CV2-3-00069
City of Ukiah
20-CDBG-CV2-3-00069
City of Ukiah
20-CDBG-CV2-3-00069
City of Ukiah
20-CDBG-CV2-3-00069
City of Ukiah
20-CDBG-CV2-3-00069
City of Ukiah
20-CDBG-CV2-3-00069
City of Ukiah
20-CDBG-CV2-3-00069
DOB Tracking
City of Ukiah Subsistence Payment Program City of Ukiah Finance Department Duplication of Benefits Tracking Sources Budget Gap/
Uses (line item budget) Total Activity Costs CDBG-CV2/CV3 [Source 2] [Source 3] [Source 4] [Source 5] [Source 6] [Source 7] [Source 8] [Source 9] CDBG-CV1 CDBG PI Duplication of Benefits [Activity Costs Category 1 (i.e. Activity Delivery, Materials, Labor)] Subsistence Payment Program $ 200,000.00 $ 200,000.00 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Total $ 200,000.00 $ 200,000.00 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Activity Costs Category 2 (i.e. Activity Delivery, Materials, Labor)] [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Total $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - General Administration
City of Ukiah staff administration $ 23,009.00 $ 23,009.00 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Total $ 23,009.00 $ 23,009.00 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Activity Total $ 223,009.00 $ 223,009.00 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Instructions: Fill out the above line item budget with you projected activity costs. You may identify the line items by category, such as activity delivery, activity, and admin, or by any other activity categories that apply to your activity. Do keep you administration costs categorized under the General Administration category. Fill in the jurisdiction and activity information at the top of the form, and Identify the spedific resources (funds) that will be used to pay for each line item in each category. If you do not have CDBG-PI, please leave those fields blank. If your budget line item has a budget gap, the "Gap/Duplication of Benefits" column will show a red shaded field and a number indicating your budget gap in parenthesis. If you have a potential duplication of benefits, the column will show a blue shaded field and a number indicating your budget overage. Please make sure to include ALL of you potential resources, including FEMA, HCD, HUD, CARES Act, and other State and Federal funds, as well as local funds from fees, trust funds, and taxes, and any foundation or private donation funding, including insurance payments. If you are unsure if a resource should be included, please contact Jessica Hayes at [email protected]. Please fill in the fields with a bracket [ ] and the funds. Please do not delete or alter formulas. The collored columns have no significance. They are colored only to make it easier to track across funding source.
City of Ukiah
20-CDBG-CV2-3-00069
SAMPLE
City of Town Food Bank Helping Hands Mission
Duplication of Benefits Tracking Sources Budget Gap/
Uses (line item budget) Total Activity Costs CARES Act Donations Mission Fndn. DHSS FEMA General Fund [Source 7] [Source 8] [Source 9] CDBG-CV1 CDBG PI Duplication of Benefits Food and Delivery Costs
Canned Food $ 25,000.00 $ - $ 1,500.00 $ 5,000.00 $ 15,000.00 $ - $ - $ - $ - $ - $ 3,500.00 $ - $ - Perishible Food $ 50,000.00 $ - $ 2,500.00 $ 5,000.00 $ 35,000.00 $ - $ - $ - $ - $ - $ 7,500.00 $ - $ - Boxes/Bags $ 1,500.00 $ - $ - $ 1,500.00 $ - $ - $ - $ - $ - $ - $ - $ - $ - Delivery Fuel $ 7,500.00 $ - $ - $ 1,000.00 $ - $ - $ - $ - $ - $ - $ - $ 7,500.00 $ 1,000.00 Vehicle Costs $ 9,000.00 $ - $ 500.00 $ - $ - $ - $ - $ - $ - $ - $ 8,000.00 $ - $ (500.00) [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Total $ 93,000.00 $ - $ 4,500.00 $ 12,500.00 $ 50,000.00 $ - $ - $ - $ - $ - $ 19,000.00 $ 7,500.00 $ 500.00 Activity Delivery (Helping Hands Mission Staff Costs
Delivery Staff $ 60,000.00 $ - $ - $ 10,000.00 $ - $ - $ - $ - $ - $ - $ 50,000.00 $ - $ - Packaging Staff $ 55,000.00 $ - $ - $ 10,000.00 $ - $ - $ - $ - $ - $ - $ 50,000.00 $ - $ 5,000.00 HHM Management Staff $ 125,000.00 $ - $ - $ 25,000.00 $ 50,000.00 $ - $ - $ - $ - $ - $ 27,000.00 $ 15,000.00 $ (8,000.00) [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Total $ 240,000.00 $ - $ - $ 45,000.00 $ 50,000.00 $ - $ - $ - $ - $ - $ 127,000.00 $ 15,000.00 $ (3,000.00) General Administration
City of Town Staff $ 45,000.00 $ - $ - $ - $ - $ - $ 23,000.00 $ - $ - $ - $ 20,000.00 $ 2,500.00 $ 500.00 Grant Consultant $ 10,000.00 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 10,000.00 $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Total $ 55,000.00 $ - $ - $ - $ - $ - $ 23,000.00 $ - $ - $ - $ 30,000.00 $ 2,500.00 $ 500.00 Activity Total $ 388,000.00 $ - $ 4,500.00 $ 57,500.00 $ 100,000.00 $ - $ 23,000.00 $ - $ - $ - $ 176,000.00 $ 25,000.00 $ (2,000.00) Instructions: Fill out the above line item budget with you projected activity costs. You may identify the line items by category, such as activity delivery, activity, and admin, or by any other activity categories that apply to your activity. Do keep you administration costs categorized under the General Administration category. Fill in the jurisdiction and activity information at the top of the form, and Identify the spedific resources (funds) that will be used to pay for each line item in each category. If you do not have CDBG-PI, please leave those fields blank. If your budget City of Ukiah
20-CDBG-CV2-3-00069
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20-CDBG-CV2-3-00069
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20-CDBG-CV2-3-00069
Profile: [email protected]
Applicant Information
Tell us about you.
Linked Applicant
[email protected]
First name
Craig
Last name
Schlatter
Email
[email protected]
Title
Community Development Director
Company
City of Ukiah
Company Website
www.cityofukiah.com
City
Ukiah
State
California
Organization Information
Tell us about your organization.
Organization Name
City of Ukiah
Employer Identification Number (EIN)
DUNS
Authorized Representative
Sage Sangiacomo, City Manager
Business/Finance Representative
Daniel Buffalo, Finance Director
Organization Address
Address
300 Seminary Ave.
Address 2
City
Ukiah
City of Ukiah
20-CDBG-CV2-3-00069
State
California
County
Mendocino
Congressional District/Region
2 Zip
95482
Phone
(707) 463-6200
Phone Extension
Fax
(707) 463-6204
Authorized Representative (if different from above)
Name
Title
Email
[email protected]
Phone
(707) 463-6221
Business/Finance Contact (if required)
Name
Title
Email
Phone
Program Year
2020
Are you applying on behalf of an additional Jurisdiction? No
2 Email
2 Title
2 Company
City of Ukiah
20-CDBG-CV2-3-00069
2 Company Website
2 City
2 State
2 Organization Information
2 Organization Name
2 Tell us about your organization.
2 Employer Identification Number (EIN)
2 DUNS
2 Authorized Representative
2 Business/Finance Representative
2 Organization Address
2 Address
2 Address 2
2 City
2 State
2 County
2 Congressional District/Region
2 Zip
2 Phone
2 Phone Extension
2 Fax
2 Authorized Representative (if different from above)
2 Name
City of Ukiah
20-CDBG-CV2-3-00069
2 Title
2 Email
2 Phone
2 Business/Finance Contact (if required)
2 Name
2 Title
2 Email
2 Phone
City of Ukiah
20-CDBG-CV2-3-00069
Budget: 26412396
Application
City of Ukiah Subsistence Payments Program
Please use the following link to view the application budget. This link will open in a new window. https://portal.ecivis.com/#/peerBudget/08F9E4DB-2CA7-46D9-AC95-D436850DFA9B Budget Status
Not Approved
City of Ukiah
20-CDBG-CV2-3-00069
Passthrough Agency: Report Date: 08/11/2021
Program: Requested By: Craig Schlatter
Stage: [email protected]
Budget Items
Category Title Description Units Unit Cost Extended Cost Direct Cost Indirect Cost GL Account Cost Share Type Subsistence Payment Program Utility payments to
households
0 $0.00 $0.00 $200,000.00 $0.00 $0.00 Direct Cost
0 $0.00 $0.00 $200,000.00 $0.00 $0.00
General Administration City of Ukiah staff 0 $0.00 $0.00 $23,009.00 $0.00 $0.00 Direct Cost 0 $0.00 $0.00 $23,009.00 $0.00 $0.00
0 $0.00 $0.00 $0.00 $0.00 $0.00
Other
Category Title Description Units Unit Cost Extended Cost Direct Cost Indirect Cost GL Account Cost Share Type 0 $0.00 $0.00 $0.00 $0.00 $0.00
0 $0.00 $0.00 $223,009.00 $0.00 $0.00
Budget Report, Created by Craig Schlatter, [email protected], 08/11/2021 Source: eCivis™ Portal
http://www.ecivis.com/
Activity Delivery Total
Other
Other Total
Grant Total
Activity
Activity Total
General Administration
General Administration Total
Activity Delivery
Budget Report
California Department of Housing and Community Development CDBG-CV2 and 3 Allocation
Pre-Award
City of Ukiah
20-CDBG-CV2-3-00069
Attachment 3
RESOLUTION NO. 2023-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ACKNOWLEDGING
ACOMPLISHMENTS AND CONFIRMING ACTIVITY COMPLETION OF COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) COMMUNITY DEVELOPMENT PUBLIC SERVICES ACTIVITY: CITY OF UKIAH SUBSISTENCE PAYMENTS PROGRAM
WHEREAS, on February 3, 2021, the City Council adopted Resolution 2021-03 authorizing the submittal of a State Community Development Block Grant (CDBG) application in response to the 2020 CDBG Coronavirus Response Round 2 and 3 (CDBG-CV-2-3) Notice of Funding Availability (NOFA) issued by the State Department of Housing and Community Development (HCD); and WHEREAS, on February 3, 2021 the City Council adopted Resolution 2021-05 adopting the City of Ukiah Community Development Block Grant- Coronavirus Relief (CDBG-CV) Subsistence Payment Program Guidelines; and
WHEREAS, the City was awarded $200,000 in State CDBG-CV Activity funds and $23,009 in State CDBG-CV General Administration funds, and executed Standard Agreement 20-CDBGCV-2-3-00069 with HCD on October 8, 2021 to conduct the Covid emergency City of Ukiah Subsistence Payments Program; and
WHEREAS, the program has been completed, all activity funds have been expended, and the City has been reimbursed $83,434.54 by HCD for all program direct Activity expenses and $22,805.33 for all General Administration expenses; and WHEREAS, the State CDBG program requires that City staff present a report on program accomplishments and performance after the program has been completed; and WHEREAS, the State CDBG program requires the City Council to conduct a public hearing to receive public comment and adopt a Resolution acknowledging accomplishments and confirming activity completion and receipt of all funds from HCD requested by the City through Standard Agreement 20-CDBG-CV-2-3-00069.
NOW, THEREFORE, BE IT RESOLOVED as follows:
1. The City Council of the City of Ukiah has reviewed the program staff report and acknowledges the program accomplishments, which include emergency Covid subsistence payments made to utilities on behalf of 108 eligible Ukiah households.
2. The City Council confirms activity completion;
3. The City Council confirms that the City has received all grant-related reimbursement funds from the State and is ready to close out standard agreement 20-CDBG-CV-2-3-00069.
THE FOREGOING RESOLUTION WAS ADOPTED at a regular meeting of the City Council of the City of Ukiah held on the 15th day of November, 2023, by the following roll call vote.
AYES:
NOES:
ABSTAIN:
ABSENT:
Attachment 3
_______________________________
Mari Rodin, Mayor
Ukiah City Council
STATE OF CALIFORNIA
City of Ukiah
ATTEST:
I, Kristine Lawler, City Clerk of the City of Ukiah, State of California, hereby certify the above and foregoing to be a full, true, and correct copy of a resolution adopted by said City Council on this 15th day of November, 2023.
Kristine Lawler, City Clerk
of the City of Ukiah of the State of California
By: _______________________________
Agenda Item No: 12.b.
MEETING DATE/TIME: 11/15/2023
ITEM NO: 2023-3184
AGENDA SUMMARY REPORT
SUBJECT: Conduct a Public Hearing to Receive Public Comment; Discuss Final Grantee Performance Under State Community Development Block Grant 20-CDBG-12057; Adopt Resolution to Confirm Project Closeout and Full Reimbursement of Grant Expenses from the California Department of Housing and Community Development; and Approve any Corresponding Budget Amendments Required as Part of the Grant Closeout Process.
DEPARTMENT: Community
Development PREPARED BY: Jim Robbins, Housing and Grants Manager PRESENTER: Jim Robbins, Housing and Grants Manager
ATTACHMENTS:
1. Resolution 2020-43
2. StandardAgreement 20-CDBG-1257
3. Quarterly Report CED META
4. Draft Resolution Closeout 20-CDBG-12057
Summary: Council is requested to conduct a public hearing to receive public comment; discuss final grantee performance under State Community Development Block Grant 20-CDBG-12057; adopt a Resolution to confirm program closeout and full reimbursement of grant expenses from the California Department of Housing and Community Development; and approve any corresponding budget amendments required as part of the grant closeout process.
Background: On August 5, 2020, the Ukiah City Council adopted Resolution No. 2020-43 (Attachment 1) authorizing the submittal of a State Community Development Block Grant (CDBG) application in response to the 2020 CDBG Notice of Funding Availability (NOFA) issued by the State Department of Housing and Community Development (HCD). The City was awarded $140,657 in State CDBG Activity funds and $9,843 in State CDBG General Administration funds and executed Standard Agreement 20-CDBG-12057 (Attachment 2) on June 14, 2021. Funds were awarded for a City of Ukiah "Microenterprise Technical Assistance Program."
To complete closeout requirements related to the grant, and to remain eligible to receive funding for similar activities in the future, the City is required to present a report on accomplishments and performance related to 20-CDBG-12057; conduct a public hearing to receive public comment; adopt a Resolution acknowledging accomplishments, confirming activity completion, and confirming receipt of all grant reimbursement funds from the State; and approving any corresponding budget amendments required as part of the grant closeout process.
Background of Redesigned Microenterprise Technical Assistance Program CDBG microenterprise technical assistance services consist of such items as assisting a future microenterprise business owner on management development, preparation of business plans, cash flow, and preparation for financing. Services also may include connecting potential and existing microentrepreneurs to financing and other resources that can assist with startup and/or expansion of their business. Defined by the CDBG program as "a commercial enterprise that has five or fewer employees, one or more of whom owns the enterprise,"
microenterprises range in type and capacity and represent a range of service providers and retail businesses.
The City of Ukiah Microenterprise Technical Assistance (META) program implemented with 20-CDBG-12057 is a modification of a previous program implemented from 2018 to 2019 through CDBG Program Income and CDBG Standard Agreement 16-CDBG-11147. Although the 2018-2019 META program had an expenditure rate of 62%, the Program did not lead to measurable results in the number of jobs and/or businesses created or retained.
Consequently, Staff had redesigned the META program as a new implementation model/pilot, and to more closely follow the format established by business acceleration and incubation programs throughout the U.S.
Discussion: Report on Performance and Accomplishments
The Center for Economic Development, Chico, CA (CED), doing business as Chico State Enterprises, was awarded Contract #2021103 on August 19, 2021, conditional upon a CDBG funding award, clearance of any associated general conditions, and HCD's issuance of an Authority to Use Grant Funds, to implement the City's META program. To ensure a locally based and responsive META program model, CED subcontracted with the Economic Development and Financing Corporation (EDFC), based in Ukiah, and Morrison. The City’s modified META program was intended as an integrated process designed to maximize the benefits to, and success of, microenterprises in Ukiah. It was originally anticipated that at least 14 low- and moderate-income micro-entrepreneurs would be assisted with direct, one-on-one technical assistance. However, by the end of the CED contract period, seven micro-entrepreneurs were identified and assisted.
The original contract was extended to December 31, 2022, to give more time to identify eligible and interested entrepreneurs to be served by the program. However, CED was unable to identify additional program participants during this extended time period (see Quarterly Report Example, Attachment 3). In consultation with CED, City Staff determined that there was insufficient demand to continue the program in its current configuration.
Because the modified META program was designed to lead to future job creation and retention opportunities, the priority within the City’s program was assisting beneficiaries to be successful in starting up, expanding, or retaining their microenterprises. Workshops were expected to be conducted virtually due to COVID-related shelter in place orders. However, insufficient program demand on the part of entrepreneurs and other participants prevented the proper testing and implementation of the revised program approach. Insufficient demand also made it difficult to ascertain if the program’s other significant innovations could be successful, i.e. the pairing of META with the City’s Business Assistance Program. The original goal was to investigate the possibility of making two Business Assistance loans to participants in the META program. The META program was able to pair Technical Assistance (TA) training with one Business Assistance loan before shutting down (see Market Analysis in the Standard Agreement Packet, Attachment 2).
The total amount of 20-CDBG-12057 grant Activity funds expended on the program was $71,629.00, representing an expenditure rate of 51% of total available Activity funds. The total amount of General Administration funds expended on the program was $7,522.40, representing an expenditure rate of 76% of total available grant General Administration funds. No City of Ukiah CDBG Program Income funds were expended on the project.
Staff recommends Council receive this report, conduct a public hearing to receive public comment on the City’s performance related to 20-CDBG-12057, and adopt a resolution acknowledging accomplishments, confirming activity completion, and confirming receipt of all grant reimbursement funds from the State.
Recommended Action: 1) Receive a report from Staff on final performance related to State Community Development Block Grant 20-CDBG-12057; 2) Conduct a public hearing to receive public comment; 3) Adopt a Resolution acknowledging accomplishments, confirming activity completion, and confirming receipt of grant reimbursement funds from the State; and 4) Approve any corresponding budget amendments required as part of the grant closeout process.
BUDGET AMENDMENT REQUIRED: No
CURRENT BUDGET AMOUNT: $150,500
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: State HCD CDBG grant
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: N/A
DIVERSITY-EQUITY INITIATIVES (DEI): Goal 5 – Instill diversity, equity, and inclusion as essential core elements of policy-making, accountability, and delivery of City services.
CLIMATE INITIATIVES (CI):
GENERAL PLAN ELEMENTS (GP): GP-A2 - Economic Development Element
Attachment 1
Attachment 2
Shaun Singh
6/14/2021
Contracts Manager
City of Ukiah
20-CDBG-12057
EXHIBIT A
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 01/21/2020; Amended: 04/03/2020, and 06/19/2020 Approved Date: 07/02/2020
Prep. Date: 01/04/2021
AUTHORITY, PURPOSE AND SCOPE OF WORK
1. Authority & Purpose
This Standard Agreement (hereinafter "Agreement") will provide official notification of the conditional reservation of funds under the State of California's administration of the federal Community Development Block Grant Program for non-entitlement jurisdictions (hereinafter, "CDBG" or the “Program") by the Department of Housing and Community Development (hereinafter the "Department") pursuant to the provisions of 42 U.S. Code (U.S.C.) 5301, et seq., 24 Code of Federal Regulations (CFR) Part 570, Subpart l , California Health and Safety Code Section 50825, et seq., and the California State CDBG Program Guidelines in effect as of October 15, 2019, all as may be amended from time to time. The Program is listed in the Catalog of Federal Domestic Assistance as 14.228 - CDBG -Community Development Block Grant Program. In accepting this conditional reservation of funds by executing this Agreement, the Grantee agrees to comply with the terms and conditions of this Agreement, the Notice of Funding Availability (NOFA) under which the Grantee applied, as identified in this document footer, the representations contained in the Grantee's application (the "Application") for this funding allocation, which is incorporated herein by reference and is included as a summary in Exhibit E, and the requirements of the authorities cited above. For activities funded outside of a NOFA, including activities funded through Program Income, and activities funded through Urgent Need, the Grantee agrees to comply with the terms and conditions of this Agreement, the representations contained in the Grantee’s Application for activity funding, which is incorporated herein by reference and is included as a summary in Exhibit E, and the requirements of the authorities cited above. Any changes made to the submitted and awarded Application after this Agreement is executed must receive prior written approval from the Department. For purposes of this Agreement, use of the term "Grantee" shall be a reference to "Contractor".
2. Scope of Work
A. The Grantee shall perform the funded activities described in the Scope of Work (Work), including applicable National Objectives as represented in Exhibit E Sections I through IV, and the Application which is on file with the Department and which is incorporated herein by reference. 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 Grantee to modify any or all parts of the Application in order to comply with CDBG requirements. The Department
City of Ukiah
20-CDBG-12057
EXHIBIT A
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 01/21/2020; Amended: 04/03/2020, and 06/19/2020 Approved Date: 07/02/2020
Prep. Date: 01/04/2021
reserves the right to monitor all Work to be performed by the Grantee, its contractors, and subgrantees in relation to this Agreement. Any proposed revision to the Scope of Work must be submitted in writing for review and approval by the Department and may require an amendment to this Agreement.
Approval shall not be presumed unless such approval is made by the Department in writing.
B. For the purposes of performing the Scope of Work, the Department agrees to provide the amount(s) identified in Exhibit B, and as detailed in Exhibit E, Section VI, Budget Worksheet. Unless amended in writing, the Department shall not be liable for any costs in excess of the total approved budget. The Department shall not, under any conditions, be liable for any unauthorized or ineligible costs or activities.
C. Except for General Program Administration, grant activity(ies) must meet one of the following three CDBG National Objectives:
1) Benefit to Low/Moderate Income Persons or Households, 2) Urgent Need, or
3) Elimination of Slums or Blight as defined in 24 CFR 570.483.
3. Effective Date and Commencement of Work
A. This Agreement is effective upon approval by the Department as evidenced by the Department representative’s signature on page one of the fully executed Standard Agreement, STD 213.
B. The CDBG Grantee agrees that no Work toward the implementation of the project activity or program activity, as identified in Exhibit E, Section I through IV, shall commence without prior written authorization from the Department prior to the execution of this Agreement by the Department.
4. Term of Agreement and Performance Milestones
A. Term of Agreement: With the exception of the Grant Closing Requirements set forth in Exhibit B, Section 6, the Grantee shall complete the grant activity and/or activities on or before 36 months (three (3) years) from the Department’s execution date identified on the STD 213 of this Standard Agreement. Any
City of Ukiah
20-CDBG-12057
EXHIBIT A
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 01/21/2020; Amended: 04/03/2020, and 06/19/2020 Approved Date: 07/02/2020
Prep. Date: 01/04/2021
extensions beyond the 36 months will require the Department’s approval and a contract amendment.
B. Expenditure Deadline: All Program funds shall be expended no later than 36 months (three (3) years) from the final Department execution date of this Agreement as identified on the STD 213. All requests for funds must be submitted prior to the Expenditure Deadline.
1) Reporting Deadlines:
a) All activities except activities in support of new housing construction and activities in support of economic development must report final beneficiaries no later than thirty (30) days after the expiration of the Expenditure Deadline. Extensions for final reporting must be approved in writing by the Department.
b) For activities in support of new housing construction and economic development where housing units or jobs are dependent on off-site infrastructure development, the activity shall have an extended reporting term of two years (24 months) from the expenditure deadline to complete reporting of units constructed and occupied or jobs created or retained. Activities that do not meet the reporting deadline will be deemed ineligible and the Grantee will be required to repay all grant funds expended on the activity.
C. Milestones: Grantee shall timely adhere to project milestones as established in Exhibit E, Section V.
1) Failure to Meet Milestones:
a) Failure to meet the first milestone identified in Exhibit E, Section V, is a material breach and will result in a for-cause termination of this Agreement. All funds, including program income, reimbursed for this activity prior to the termination shall be returned to the Department no less than thirty (30) days from the written notification of termination.
b) Failure to meet any given subsequent milestones identified in Exhibit E, Section V, may result in loss of program eligibility and will restrict the Grantee from applying for additional CDBG funding until
City of Ukiah
20-CDBG-12057
EXHIBIT A
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 01/21/2020; Amended: 04/03/2020, and 06/19/2020 Approved Date: 07/02/2020
Prep. Date: 01/04/2021
the activity is corrected and put back on schedule, or the activity is completed, or the activity is canceled.
2) Any milestone or deadline except the first milestone, the final activity report milestone, and the expenditure deadline may be revised administratively with the approval of the Department without incurring penalty, provided the revision request is received in advance of the original milestone due date.
D. Scope of Work Revisions and Amendments
1) Contract Revisions: Adjustments to the Scope of Work that do not require an increase or reduction of activity scope, a change in National Objective, or a change in the type of beneficiaries assisted may be completed as a Contract Revision. Contract Revisions must be approved by the Department prior to implementation. If approved, contract revisions shall automatically be deemed a part of, and incorporated into, this Agreement.
Approval shall be provided either through the online grant management system, or in writing, as appropriate. Contract Revisions shall include but not be limited to:
a) Adjustments that itemize the scope of work, revise milestone deadlines, except for first and last milestones, and change the scope of work in a manner that does not change the overall budget, National Objective, or change type or reduce count of estimated beneficiaries.
b) Adjustments that increase the estimated number of beneficiaries without increasing or decreasing the scope of work and without changing the overall budget.
2) Contract Amendments: Adjustments to the Scope of Work that require an increase or a reduced scope of work, that change the National Objective, or that change the type or reduces the number of beneficiaries assisted shall require a Contract Amendment. Contract Amendments must be fully executed by both the Grantee and the Department prior to implementation. Adjustments may not be implemented prior to execution unless the Department has provided written notice authorizing the Grantee to proceed. Contract Amendments shall include but not be limited to:
City of Ukiah
20-CDBG-12057
EXHIBIT A
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 01/21/2020; Amended: 04/03/2020, and 06/19/2020 Approved Date: 07/02/2020
Prep. Date: 01/04/2021
a) Adjustments that either add scope beyond what was included in the original application, or that reduce scope such that the activity is materially different from the original application, or that reduce estimated beneficiary counts.
b) Adjustments that change the scope in a manner that requires a change to awarded activity budget, including adding funds from other State CDBG funded activities, adding Program Income, and reducing funds from either State CDBG awarded funds or Program Income.
3) HUD Matrix Codes: If HUD changes an activity matrix code(s) or if there is an error in recording the activity code, the Grantee shall be notified in writing and the correction shall not require an amendment to this Agreement.
E. State CDBG Program Contract Management
1) Department Contract Manager: For purposes of this Agreement, the State CDBG Program Contract Manager for the Department is the Program Manager of the State CDBG Program in the Division of Financial Assistance, or such person’s designee. Written communication regarding this Agreement shall be directed to the State CDBG Program Contract Manager at the following address:
State CDBG Program Contract Manager
Division of Financial Assistance
Department of Housing and Community Development
P.O. Box 952054
Sacramento, California 94252-2054
Ph: (916) 263-2711
Email: [email protected]
2) Contract Management: Day-to-day administration of this Agreement shall take place through the online grant management system, including but not limited to:
a) Financial Reports (Funds Requests);
b) Activity Reports;
City of Ukiah
20-CDBG-12057
EXHIBIT A
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 01/21/2020; Amended: 04/03/2020, and 06/19/2020 Approved Date: 07/02/2020
Prep. Date: 01/04/2021
c) Semi-Annual Reports;
d) Annual Reports;
e) Submittal of any and all requested supporting documentation; f) Standard Agreement Revisions (non-material contract changes); and,
g) Standard Agreement Amendments (material contract changes). 3) Grantee Contract Administrator: The Grantee's Contract Administrator (must be a Grantee employee) is identified in Exhibit E, Profile. Unless otherwise informed, any notice, report, or other communication required by this Agreement shall be directed to the Grantee’s Contract Administrator at the contact information identified in Exhibit E, Profile.
Written communication shall be directed to the Grantee’s Contract Administrator as identified in the Grantee Profile as referenced in Exhibit E.
4) Capacity to Contract: Contractor has the capacity and authority to fulfill the obligations required of it hereunder and nothing prohibits or restricts the right or ability of Contractor to carry out the terms hereof. 5) Authority to Execute: Each person executing this Agreement represents and warrants to the Department that he or she is duly authorized to execute and deliver this Agreement on behalf of the Contractor, and that such authority is evidenced by a binding authorization. The person executing this Agreement, and the Contractor, acknowledge that the Department is materially relying upon the foregoing representation and warranty in agreeing to enter into this Agreement. In the event of a defect in any resolution submitted to the Department in connection herewith, then this provision shall be deemed satisfactory and admissible evidence of the authority of the signer to bind Contractor to this Agreement and Contractor shall remain fully bound to the terms hereof. In the event the Department determines in its sole discretion that a resolution submitted by the Contractor is deficient in any way, then within thirty (30) days of the
City of Ukiah
20-CDBG-12057
EXHIBIT A
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 01/21/2020; Amended: 04/03/2020, and 06/19/2020 Approved Date: 07/02/2020
Prep. Date: 01/04/2021
Department’s request, Contractor shall resubmit a new resolution which is satisfactory to the Department. Failure by the Contractor to timely provide such resolution to the Department shall constitute a default under this Agreement.
City of Ukiah
20-CDBG-12057
EXHIBIT B
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 01/21/2020; Amended on 04/03/2020, and 06/19/2020 Approved Date: 07/02/2020
Prep. Date: 01/04/2021
BUDGET DETAIL AND PAYMENT PROVISIONS
1. Budget
A. Budget Detail: The activity shall follow the budget as detailed in Exhibit E, Section VI.
B. Program Income: All Program Income is state administered CDBG funding and is subject to the same federal requirements for financial administration as open grant awards. Program Income, including both cash-on-hand and future projected receipts, if identified as a funding source for any given activity, must be included in the activity budget and must be substantially expended prior to drawing grant award funds. Program Income must be identified separately from grant funds in the activity budget and must be broken out into activity and general administration funding, as applicable. The Department will not encumber locally administered Program Income against NOFA grant funds in the state’s accounting system. Only new grant awards made under a NOFA or in conjunction with an Urgent Need application will be encumbered in the state’s accounting system.
Funding in this Agreement may include either or both:
1) the total new grant award from the NOFA to be encumbered by the Department from grand funds,
2) total locally held Program Income to be included in the activity budget but that will not be encumbered by the Department. This Agreement is for the sum total of funds to be used in the activity including grant funds and Program Income, as applicable. Program Income receipts must be reported no less than quarterly.
C. Other Non-State CDBG Funding Sources: The Grantee shall report on the value of other contributions included as leverage for each activity via the Financial Reports required for such activity. The Financial Reports shall be accessed through the online grant management system and are the reports which convey the information needed to complete financial transactions in HUD’s Integrated Disbursement and Information System (IDIS).
City of Ukiah
20-CDBG-12057
EXHIBIT B
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 01/21/2020; Amended on 04/03/2020, and 06/19/2020 Approved Date: 07/02/2020
Prep. Date: 01/04/2021
2. Availability of Funds
The Department’s provision of funding to Grantee pursuant to this Agreement is contingent on the continued availability of CDBG funds and continued federal authorization for CDBG activities, as well as the conditions set forth in Exhibit D, Section
33. The Department’s provision of funding is subject to amendment or termination due to lack of funds or authorization. This Agreement is subject to written modification or 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. Eligible Costs
A. No activity costs may be incurred, or funds reimbursed until the Grantee has documented compliance with the applicable National Environmental Protection Act (NEPA) requirements established in 24 CFR 50, 24 CFR 58, and 42 USC 4321, et seq.
B. Allowable Costs: Allowable costs shall mean those necessary and proper costs under 2 CFR 200.400 through 475, and as identified in the Grantee’s application and as detailed in Exhibit E, Section VI, and as approved by the Department unless any or all such costs are disallowed by the State of California or HUD.
Allowable costs include necessary and proper activity and administration costs incurred prior to the execution of this Agreement. All costs incurred prior to the execution of this Agreement must be eligible to be considered allowable and suitable for reimbursement. Eligible costs must, at a minimum, be costs incurred according to the procurement requirements of 2 CFR 200.317, et seq. and be costs required for the activity in this Agreement to meet a National Objective.
C. 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 Grantee must disburse funds available from locally held funding CDBG grant resources such as, but not limited to Program Income, rebates, refunds, contract settlements, audit recoveries, and interest earned on such funds before requesting additional cash payments from the grant award.
City of Ukiah
20-CDBG-12057
EXHIBIT B
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 01/21/2020; Amended on 04/03/2020, and 06/19/2020 Approved Date: 07/02/2020
Prep. Date: 01/04/2021
D. Withholding Funds: The Department reserves the right to withhold payments pending timely delivery of program reports or documents as may be required under this Agreement. Payments are contingent upon the Grantee's financial management system meeting the requirements of 2 CFR 200.302, and the internal control requirements of 2 CFR 200.303. Payment may be suspended or terminated, in whole or in part, by the Department in its sole discretion in the event of a default by Grantee.
E. Disencumbering Funds: The Grantee agrees that funds determined by the Department to be surplus upon completion of the activity, or that have not been spent prior to the Expenditure Deadline will be subject to disencumbrance by the Department.
F. Indirect Costs: If Grantee wishes to charge for indirect costs, the Grantee must develop an indirect cost allocation plan for determining the appropriate CDBG share of such indirect costs and submit such plan to the Department for approval prior to submission of requests for any payments for the indirect cost expenditures.
G. Pre-Agreement Costs: Pre-Agreement Costs are eligible costs incurred prior to the award of funds as defined in Exhibit D, Section 1. Eligible Pre-Agreement costs as identified in Exhibit E, Section VI, Project Budget, may only be reimbursed upon the full execution of this Agreement and verification that the costs meet all eligibility criteria. Pre-Agreement costs may include both activity delivery and general program administration.
The Grantee agrees that any Pre-Agreement costs not previously identified in Exhibit E, Section VI, Project Budget, will not be paid with CDBG funds.
4. Method of Payment
The Department will not authorize payments unless it has determined the costs incurred are in compliance with the terms of this Agreement. Funds requested through the Financial Reports must be for a minimum of $1,000.00, with the exception of the final funds request, which must be marked “Final”. Payments will be issued to the agency identified on the Taxpayer Identification Form (TIN) provided by the Grantee to the
City of Ukiah
20-CDBG-12057
EXHIBIT B
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 01/21/2020; Amended on 04/03/2020, and 06/19/2020 Approved Date: 07/02/2020
Prep. Date: 01/04/2021
Department.
A. Reimbursements: The Department will reimburse the Grantee its allowable costs for the services identified in this Agreement in Exhibit E, Section VI, upon presentation of invoices which Grantee certified are true and correct copies of payments due on behalf of the Grantee for the activity covered by this Agreement and made in accordance and compliance with Exhibit A, Scope of Work. The Grantee may not request reimbursements under this Agreement until the funds are needed for payment of eligible costs. The amount of each request must be limited to the amount needed.
1) To receive reimbursement for grant activities, including reimbursement for eligible Pre-Agreement costs, the Grantee must submit all Department required forms according to the applicable deadlines. Financial Reports and Activity Reports are due no less than quarterly, within 15 days of the end of the quarter. Financial Reports and Activity Reports may be submitted more frequently at the Grantee’s discretion. Financial Reports shall include the level of documentation specified by the Department, including proof of expenditure, and proof of cost eligibility. Grantees must submit documentation supporting cost amounts and cost eligibility with each funds request as part of the Financial Report.
2) Grantees shall submit Financial Reports (funds requests) no less than quarterly. If no funds have been expended, the Grantee shall provide a description of work completed and an explanation of why no funds have been expended.
B. Advances: The Grantee must receive prior written approval from the Department before submitting an advance request. All advances are subject to the Department’s consent, which may be given or withheld on its sole discretion. No advances will be issued prior to full Agreement execution.
C. Final Payment Requests:
1) Grantees on the Reimbursement Payment System: All requests for final reimbursement must be submitted before the Expenditure Deadline
City of Ukiah
20-CDBG-12057
EXHIBIT B
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 01/21/2020; Amended on 04/03/2020, and 06/19/2020 Approved Date: 07/02/2020
Prep. Date: 01/04/2021
referenced in Exhibit A, Section 4 of this Agreement.
2) Grantees on the Advance Payment System: The last advance payment must be submitted to the Department no later than sixty (60) days prior to the Expenditure Deadline of this Agreement.
3) Return of Unexpended Funds: All funds received by the Grantee but not expended by the Expenditure Deadline must be accounted for and returned to the Department within thirty (30) days after the Expenditure Deadline. Funds shall be returned in accordance with the current State CDBG Grants Management Manual. All returned funds will be disencumbered.
4) All Funds Not Previously Requested: If the final funds disbursement request for costs expended during the term of this Agreement has not been received by the Department before the Expenditure Deadline, and the Grantee has not requested an extension per Exhibit A Section 4, (Term of Agreement and Performance Milestones), the Department may disencumber any funds remaining and grant funds will no longer be available for the Grantee.
5. Budget Revisions and Amendments
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, including between General Administration funding, activity funding, and Program Income resources, including both Program Income cash on hand, and Program Income projected receipts, but that otherwise does not change the overall budget total, the scope of work, the National Objective, and type and count of estimated beneficiaries. Reallocations involving General Administration funding are subject to applicable General Administration caps identified in the Notice of Funding Availability.
2) Adjustments that increase or decrease the detail included in the submitted lined item budgets, including adding and removing budget line items,
City of Ukiah
20-CDBG-12057
EXHIBIT B
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 01/21/2020; Amended on 04/03/2020, and 06/19/2020 Approved Date: 07/02/2020
Prep. Date: 01/04/2021
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.
B. Budget Amendments: Adjustments to the Budget that result in an increased or a reduced total activity budget shall require a Contract Amendment. Contract Amendments must be fully executed by both the Grantee and the Department prior to implementation. Adjustments may not be implemented prior to execution unless the Department has provided written notice authorizing the Grantee to proceed.
6. Grant Closing Requirements
A. Expenditure Deadline:
1) All Program funds shall be expended no later than the Expenditure Deadline as defined in Exhibit A, Section 4. All requests for funds must be submitted prior to the Expenditure Deadline.
2) The Final Financial Report for the activity must be marked final and submitted before the Expenditure Deadline. Financial Reports submitted after the Expenditure Deadline will not be eligible for reimbursement.
Closeout Procedure: The Grantee must submit the following at the completion of the activity:
1) A Final Activity Report that includes all required reporting data for the activity;
2) A filed Notice of Completion (if applicable);
3) Evidence, satisfactory to the Department, of compliance with any and all other Special Conditions of this Agreement as set forth in Exhibit E hereto; and,
4) A resolution from the governing body acknowledging the accomplishments of the activity and confirming that the activity is complete and that all
City of Ukiah
20-CDBG-12057
EXHIBIT B
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 01/21/2020; Amended on 04/03/2020, and 06/19/2020 Approved Date: 07/02/2020
Prep. Date: 01/04/2021
outstanding funds have been reimbursed by the Department.
If the Grantee identified an extended reporting period will be required to meet the National Objective for the activity in the Application, the above closeout requirements shall be submitted upon the completion of the activity, or within twenty-four (24) months after the Expiration Deadline, whichever comes first. If no extended reporting period is required, the above closeout requirements shall be submitted within thirty (30) days after the Agreement's Expenditure Deadline.
Upon receipt of the above documentation, the Department will close out this Agreement and finalize the activity in IDIS for final reporting to HUD.
B. Ongoing Reporting: Grants that have been closed may, as applicable, have continued reporting requirements, including Program Income reporting, performance reporting, beneficiary reporting, asset reporting, and other federally required reports as identified in Exhibit D, Section 22.
City of Ukiah
20-CDBG-12057
EXHIBIT D
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 01/21/2020; Amended on 04/03/2020, and 06/19/2020 Approved Date: 07/02/2020
Prep. Date: 01/04/2021
CDBG PROGRAM TERMS AND CONDITIONS
1. Definitions
A. "Activity" means one of the following HUD eligible activities as per 42 U.S.C. 5305.
1) Acquisition (§ 5305 (a)(1))
2) Public Improvements (§ 5305 (a)(2))
3) Public Facilities (§ 5305 (a)(2) and (5))
4) Code Enforcement (§ 5305 (a)(3))
5) Housing Rehabilitation (§ 5305 (a)(4))
6) Public Services (§ 5305 (a)(8))
7) Planning and Technical Assistance (Section 105(a)(12), (14) and (19) 8) Business Financial Assistance (§ 5305 (a)(17))
9) Microenterprise Assistance (§ 5305 (a)(22))
10) Homeownership (§ 5305 (a)(24))
B. “Activity Budget” means the budget included in Exhibit E, Section VI, Project Budget, as referenced by Exhibit B, Budget Detail, and Payment Provisions.
C. "Activity Delivery" (AD) means any reasonable and necessary costs that are not directly related to labor and/or direct construction and/or direct activity implementation costs. The Grantee may expend up to the indicated AD as identified the NOFA that is associated with this Agreement or any relevant CDBG Management Memo. CDBG funds for AD cannot be drawn down unless CDBG activity costs have previously been drawn down or are being drawn down on the same funds request.
D. “Activity Reports” are the activity reports that must be submitted at least quarterly that describe program or project progress and/or beneficiaries served during a
City of Ukiah
20-CDBG-12057
EXHIBIT D
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 01/21/2020; Amended on 04/03/2020, and 06/19/2020 Approved Date: 07/02/2020
Prep. Date: 01/04/2021
given reporting period.
E. “Department” means the California Department of Housing and Community Development.
F. "Funds Request" is also identified as a Financial Report and refers to the forms and processes required to request the drawdown of CDBG funds (requests for funds must be a minimum of $1,000.00 unless it is the final Financial Report for an activity). Funds disbursements must be completed no less than quarterly for each open activity, including Program Income funded activities.
G. "General Administration" refers to eligible administrative expenses as provided in 42 U.S.C. 5305(a)(13).
H. “Grantee” means the jurisdiction that applied for CDBG funding and has legal authority to sign this Agreement and commit to compliance with all federal requirements regarding the administration of federal funds, as identified in 2 CFR 200.
I. “Pre-Agreement Costs” are pre-award costs as defined at 2 CFR 200.458 and 24 CFR 570.489(p) and are costs that are eligible per 2 CFR 200.400 et.seq. that have been itemized on the approved activity budget as identified in Exhibit E, Section VI, Project Budget, as referenced by Exhibit B, Budget Detail and Payment Provisions.
J. "Program" means an eligible activity that provides direct assistance to eligible participants within a defined service area. Programs include public services, housing assistance to households, and instances where an eligible person, household, or area is directly assisted with a unit of service.
K. “Program Guidelines” means the CDBG Program Guidelines adopted in October 2019 that replaced the California state regulations regarding the operation of the State CDBG program, as per Health and Safety Code 50826.1(a) that states that the regulations are repealed upon adoption of guidelines.
L. “Program Income”, as defined in 24 CFR 570.489(e), means gross income received by the Grantee that is directly generated from the use of CDBG funds.
When such income is generated by an activity that is only partially assisted with CDBG funds, the income shall be prorated to reflect the percentage of CDBG
City of Ukiah
20-CDBG-12057
EXHIBIT D
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 01/21/2020; Amended on 04/03/2020, and 06/19/2020 Approved Date: 07/02/2020
Prep. Date: 01/04/2021
funds used.
M. "Project" means eligible capital improvements to public facilities, infrastructure, assets, and right-of-way. Projects may also include eligible capital improvements to privately owned facilities, infrastructure, and assets that serve the public or that provide a public good, including shelters, community-based facilities, and utilities.
2. Eligible Activities
Grantee will only use funds under this Agreement for the activity identified in Exhibit E.
All activities must be eligible CDBG activities as authorized under 42 U.S.C. 5305 and 24 CFR 570.482.
3. National Objectives
Grantee will only use funds in support of the National Objective identified in Exhibit E, Section IV. All CDBG funded grant activities must meet a National Objective as defined in 42 U.S.C. 5304(b)(3), as amended, and 24 CFR Part 570.483.
Real Property acquired in whole or in part with CDBG funds must be used to meet the same National Objective for which it was purchased for no less than five years from the date of acquisition. The Department may require a Use Restriction Agreement be recorded against real property acquired or improved in whole or in part with CDBG funds.
4. Termination and Remedies for Noncompliance
Awards as secured by this Agreement may be terminated by the Department in whole or in part as per federal regulation at 2 CFR 200.339. 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 200.340.
A. Termination without Cause: Agreements may be terminated without cause in whole or in part by the Department only with the consent of the Grantee. In the case of a whole agreement termination, the two parties shall agree upon termination conditions, including the effective date. In the case of partial termination, the two parties shall agree upon termination conditions, including the
City of Ukiah
20-CDBG-12057
EXHIBIT D
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 01/21/2020; Amended on 04/03/2020, and 06/19/2020 Approved Date: 07/02/2020
Prep. Date: 01/04/2021
portion to be terminated and the effective date.
B. Noncompliance and Termination with Cause: The Department may terminate this Agreement for Grantee’s failure to comply with the terms and conditions of this Agreement. Terminations for material failure to comply with the Agreement terms and conditions must be reported by the Department to the appropriate federal program integrity and performance system accessible through the System for Award Management (SAM) as per 2 CFR 200.339(b).
1) The Department may initiate remedies for noncompliance as identified in 2 CFR 200.338 at any time it has been determined that the Grantee 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.
2) Prior to terminating this Agreement for cause or noncompliance, the Department shall submit written notice specifying noncompliance and/or specifying the event or events that if not cured would constitute an event of default. The Department’s written notice shall identify remedies for cure.
Grantee shall have thirty (30) calendar days from receipt of notice to fully cure. This period may be extended at the Department’s discretion for a reasonable period of time if the Grantee is acting in good faith to cure the noncompliance or cause. Any extension of the cure period must be communicated in writing by the Department.
3) The Department’s remedies for Grantee’s noncompliance with a federal statute or regulation, a state statute or regulation, an assurance, in a State plan or application, a notice of award, or elsewhere may include, as appropriate:
a) Temporarily withhold cash payments pending correction of the deficiency by the Grantee.
b) Disallow (that is, deny both use of funds and matching credit for) all or part of the cost of the activity or action not in compliance. c) Wholly or partly suspend or terminate the current award for the Grantee’s program or project, as applicable.
City of Ukiah
20-CDBG-12057
EXHIBIT D
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 01/21/2020; Amended on 04/03/2020, and 06/19/2020 Approved Date: 07/02/2020
Prep. Date: 01/04/2021
d) Withhold further and/or future awards of CDBG funds. e) Request that HUD initiate federal suspension debarment proceedings.
f) Take other remedies that may be legally available, including, but not limited to:
(i) In the case of costs incurred without meeting a National Objective, require repayment of all funds reimbursed,
including General Administration, Activity Delivery, and any and all Program Income, as appropriate.
4) In taking an action to remedy noncompliance, the Department will provide the Grantee an opportunity for such hearing, appeal, or other administrative proceeding to which the Grantee is entitled under any statute or regulation applicable to the action involved as per 2 CFR 200.341.
C. Effects of Suspension and Termination: Grantee costs resulting from obligations incurred by the Grantee or any of the Grantee’s contractors, subrecipients, or subgrantees during a suspension or after termination of an Agreement are not allowable unless otherwise authorized by the Department in written notice or as allowable in 2 CFR 200.342. Termination and remedies for noncompliance identified in this Section do not preclude a Grantee or any of the Grantee’s contractors, subrecipients, or subgrantees from being subject to nonprocurement debarment and suspension requirements at 2 CFR 2424. CDBG funds may not be provided to excluded or disqualified persons pursuant to 24 CFR 570.489(l).
D. Remedies: All remedies of the Department hereunder are cumulative and not exclusive.
5. Severability
A. If any provision of this Agreement, or an underlying obligation, is held invalid by a court of competent jurisdiction, such invalidity, at the sole discretion of the Department, shall 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.
City of Ukiah
20-CDBG-12057
EXHIBIT D
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 01/21/2020; Amended on 04/03/2020, and 06/19/2020 Approved Date: 07/02/2020
Prep. Date: 01/04/2021
B. The Grantee 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.
6. 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 Grantee of these 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.
7. Uniform Administrative Requirements
The Grantee, its agencies or instrumentalities, and Subgrantees 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.
A. Single Audit Compliance: Funds will not be disbursed to any Grantee 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 Administrative Requirements is demonstrated to the satisfaction of the Department.
B. Accounting Standards: Grantee 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, Grantee 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.
City of Ukiah
20-CDBG-12057
EXHIBIT D
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 01/21/2020; Amended on 04/03/2020, and 06/19/2020 Approved Date: 07/02/2020
Prep. Date: 01/04/2021
8. Compliance with State and Federal Laws and Regulations A. Grantee, its agencies or instrumentalities, contractors, sub-grantees, and subrecipients shall comply with all local, state, and federal laws, statutes, and regulations, as well as policies and guidelines established by the Department for the administration of the CDBG program.
B. Grantee shall comply with the requirements of 24 CFR 570.480 et seq., the Housing and Urban Development (HUD) regulations concerning State administered Community Development Block Grants, 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, Final Guidance, as adopted by HUD at 2 CFR 2400, Title II of the Cranston-Gonzales National Affordable Housing Act (42 U.S.C. § 12701 et seq.) and all federal regulations and policies issued pursuant to these regulations. The Grantee further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available.
9. Affirmatively Furthering Fair Housing
Grantee shall affirmatively further fair housing, in accordance with the Civil Rights Act of 1964 (42 U.S.C 2000a, et seq.), and the Fair Housing Act (42 U.S.C. 3601, et seq.), according to 42 U.S.C. 5306, et seq. and in compliance with California statute (Gov.
Code sections 65583, et seq.). Grantee shall comply with the Fair Housing Amendment Act of 1988 (Public Law 100-430).
10. Equal Opportunity Requirements and Responsibilities Grantee agrees that it undertakes hereby the same obligations to the Department that the Department has undertaken to HUD pursuant to the Department’s CDBG certifications. The obligations undertaken by Grantee include, but are not limited to, the obligation to comply with all applicable federal laws and regulations described in Subpart K of 24 CFR Part 570 and specifically with each of the following:
A. The Housing and Community Development Act of 1974 (Public Law 93-383) that authorized the CDBG program, as amended, and legislative changes contained in the Housing and Urban-Rural Recovery Act of 1983 that authorized the state administered CDBG program for non-entitlement communities, and the Architectural Barriers Act of 1968 (42 U.S.C. Section 4151) that requires publicly funded facilities be accessible to the public;
City of Ukiah
20-CDBG-12057
EXHIBIT D
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 01/21/2020; Amended on 04/03/2020, and 06/19/2020 Approved Date: 07/02/2020
Prep. Date: 01/04/2021
B. Title VI of the Civil Rights Act of 1964 (Public Law 88-352) prohibiting discrimination based on protected class, as amended, Title VIII of the Civil Rights Act of 1968 (Public Law 90-284) prohibiting discrimination in housing, as amended; the Civil Rights Restoration Act of 1987 (Public Law 100-259) requiring expanded compliance with civil rights laws for jurisdictions receiving federal funding; Section 104(d) regarding relocation and displacement and Section 109 of Title 1 of the Housing and Community Development Act of 1974 prohibiting discrimination in CDBG funded programs, as amended; Section 504 of the Rehabilitation Act of 1973 prohibiting recipients of federal funds from discrimination against persons with disability; the Americans With Disabilities Act of 1990 prohibiting all public discrimination against persons with disabilities; the Age Discrimination Act of 1975 prohibiting age-based discrimination in federally funded activities; Executive Order 11063 prohibiting discrimination in disposition of properties owned or financed with federal funds, as amended by Executive Order 12259; and Executive Order 11246 regarding fair employment, as amended by Executive Orders 11375, 11478 and 12086; and HUD regulations heretofore issued or to be issued to implement these authorities relating to civil rights;
C. The Equal Employment Opportunity Act of 1972 that created the Equal Employment Opportunity Commission, Equal Employment Opportunity and Affirmative Action requirement (EEO/AA); Grantee shall, in all solicitations or advertisements for employees placed by or on behalf of the Grantee, state that it is an Equal Opportunity or Affirmative Action employer.
11. Relocation, Displacement, and Acquisition
Grantee shall comply with the provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, in 24 CFR Part 42, 49 CFR Part 24, and 42 U.S. §5304(d) as they apply to the performance of this Agreement. Grantee agrees to comply with 24 CFR 570.606 relating to the acquisition and disposition of all real property utilizing grant funds and to the displacement of persons, businesses, nonprofit organizations and farms occurring as a direct result of any acquisition of real property utilizing grant funds.
12. Section 3: Training, Employment and Contracting Compliance Grantee shall comply with Section 3 of the Housing and Urban Development Act of
City of Ukiah
20-CDBG-12057
EXHIBIT D
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 01/21/2020; Amended on 04/03/2020, and 06/19/2020 Approved Date: 07/02/2020
Prep. Date: 01/04/2021
1968 (12 U.S.C. 1701u), and implementing regulations at 24 CFR, Part 135. The responsibilities of the Grantee are outlined in 24 CFR 135.32 and include, but may not be necessarily limited to:
A. Implementing procedures designed to notify Section 3 eligible residents 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.
B. Notifying potential contractors for Section 3 covered projects of the requirements of Part 135 and incorporating the Section 3 clause set forth in 24 CFR 135.38 in all solicitations and contracts in excess of $100,000.00.
C. Facilitating the training and employment of Section 3 residents and the award of contracts to Section 3 business concerns to reach the goals set forth in 24 CFR 135.30. Recipients, at their own discretion, may establish reasonable numeric goals for the training and employment of Section 3 residents and contract awards to additional Section 3 business concerns that exceed the goals specified in 24 CFR 135.30.
D. Assisting and actively cooperating with the Department in obtaining the compliance of contractors and subcontractors with the requirements of Part 135 and refraining from entering into any contract with any contractor where the recipient has notice or knowledge that the contractor has been found in violation of the regulations in 24 CFR Part 135.
E. Documenting actions taken to comply with the requirements of Part 135, the results of those actions taken and impediments, if any.
13. Environmental Compliance
A. Grantee shall comply with the California Environmental Quality Act (CEQA) (Pub.
Resources Code § 21000, et seq.) requirements as they apply to this project.
CEQA reviews and determinations are the responsibility of local agencies and shall be administered by the Grantee as applicable.
B. Grantee shall comply with the Federal Water Pollution Control Act, as amended, 33 U.S.C. § 1251, et seq., as amended, and 33 U.S.C. § 1318 relating to inspection, monitoring, entry, reports, and information, and all regulations and
City of Ukiah
20-CDBG-12057
EXHIBIT D
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 01/21/2020; Amended on 04/03/2020, and 06/19/2020 Approved Date: 07/02/2020
Prep. Date: 01/04/2021
guidelines issued thereunder.
C. Grantee shall comply with the requirements of the Clean Air Act, as amended, 42 U.S.C. 7401, et seq.
D. Grantee shall comply with Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50 regarding air quality protections, as amended.
E. Grantee shall comply with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001). Grantee 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).
F. Grantee shall comply with the requirements of the Residential Lead-Based Paint Hazard Reduction Act of 1992 and Section 401(b) of the Lead-Based Paint Poisoning Prevention Act of 1971. Grantee 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 CDBGassisted 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 leadbased 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. Grantee 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. Grantee shall also comply with federal Executive Order 11593 on the protection and enhancement of the cultural environment. In general, this requires concurrence from the State Historic
City of Ukiah
20-CDBG-12057
EXHIBIT D
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 01/21/2020; Amended on 04/03/2020, and 06/19/2020 Approved Date: 07/02/2020
Prep. Date: 01/04/2021
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. Grantee shall comply with all National Environmental Protection 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. Grantee shall not receive authority to incur activity costs until they have successfully documented compliance with the applicable NEPA requirements, including public noticing and publishing.
14. Procurement
The Grantee shall comply with the procurement provisions in 2 CFR Part 200.317 – 200.326, Procurement Standards, as well as all other Administrative Requirements for Grants and Cooperative Agreements to state, local and federally recognized Indian tribal governments as set forth in 2 CFR 200, et al, as applicable.
15. Procurement of Recovered Materials
A. Grantee and the Grantee’s contractors shall comply with Section 6002 of the Solid Waste Disposal Act of 1965, 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, 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 on the basis of the guidelines of the National Institute of Standards and Technology, if applicable to the item; or
3) are only available at an unreasonable price.
B. This clause shall apply to items purchased under this Agreement or subsequent contract where:
1) the Contractor purchases in excess of $10,000.00 of the item under this
City of Ukiah
20-CDBG-12057
EXHIBIT D
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 01/21/2020; Amended on 04/03/2020, and 06/19/2020 Approved Date: 07/02/2020
Prep. Date: 01/04/2021
Agreement; or
2) during the preceding federal fiscal year, the Contractor:
a) 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
b) purchased a total of in excess of $10,000.00 of the item both under and outside that contract.
16. Contracting and Labor Standards
A. Grantee shall comply with the Davis-Bacon Act (40 U.S.C. §§ 3141-3148) and 29 CFR Subtitle A, Parts 1, 3 and 5, as applicable, to construction, alteration, and repair contracts over $2,000.00.
B. Grantee shall ensure that all contracts comply with the Anti-Kickback Act of 1986 (41 U.S.C. §§ 51-58) that prohibits attempted as well as completed "kickbacks," which include any money, fees, commission, credit, gift, gratuity, thing of value, or compensation of any kind.
C. Grantee shall ensure all contracts comply with the Contract Work Hours and Safety Standards Act of 1962 (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. Grantee 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.
17. Prevailing Wages
A. Where funds provided through this Agreement are used for construction work, or in support of construction work, the Grantee shall ensure that the requirements of California Labor Code, Chapter 1, commencing with Section 1720, Part 7 [California Labor Code Sections 1720-1743] (pertaining to the payment of prevailing wages and administered by the California Department of Industrial
City of Ukiah
20-CDBG-12057
EXHIBIT D
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 01/21/2020; Amended on 04/03/2020, and 06/19/2020 Approved Date: 07/02/2020
Prep. Date: 01/04/2021
Relations) are met.
B. Where funds provided through this Agreement are used for construction work or in support of construction work, the Grantee shall also ensure that the federal requirements of the Davis Bacon Act codified at 40 U.S.C. 3141, et seq. (as amended), pertaining to federal labor standards and compliance, are met and documented. Grantee recognizes that multiple labor standards (both state prevailing wage and federal Davis-Bacon Act) may apply to the project and both standards must be satisfied.
C. 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 Grantee and a licensed building contractor, the Grantee shall serve as the "awarding body" as that term is defined in the California Labor Code. Where the Grantee 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.
D. The applicable wage rate determination on construction work will be the more restrictive of the rate prescribed in the California Labor Code Sections 1770- 1784, or the Davis-Bacon Wage Determination.
18. Contractors and Subrecipients
A. Grantee shall comply with 24 CFR Part 2424 and shall not enter into any agreement, written or oral, with any contractor or subrecipient without the prior determination that the contractor or subrecipient is eligible to receive CDBG funds and is not listed on the Federal Consolidated List of Debarred, Suspended, and Ineligible Contractors.
B. Any agreement between the Grantee and any contractor or subrecipient shall include the terms and conditions in Appendix II of 2 CFR 200.
City of Ukiah
20-CDBG-12057
EXHIBIT D
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 01/21/2020; Amended on 04/03/2020, and 06/19/2020 Approved Date: 07/02/2020
Prep. Date: 01/04/2021
C. Grantee shall ensure that any contract or subrecipient agreement includes clauses requiring the maintenance of workers’ compensation insurance, as applicable, as well as general liability insurance. Contract or subrecipient agreements must require that the Grantee is notified in the event that any required insurance is canceled, expired, or otherwise invalidated during the performance period of the contract or subrecipient agreement.
D. Grantee shall require that contractors and subrecipients comply with the Drug-Free Workplace Act of 1988.
19. Requirements for Economic Development Activities
A. Public Benefit Standards for Economic Development Activities: Per 24 CFR 570.482 (e) (f), (g) and 570.483(b)(4), the Grantee must comply with federal underwriting standards and must meet the public benefit standards for all CDBG Economic Development activities under 42 U.S. §5305(a)(17). The use of public benefit standards is mandatory.
B. Anti-Job Pirating Certification: Pursuant to 24 CFR 570.482(h) CDBG funds may not be used to directly assist a business, including a business expansion, in the relocation of a plant, facility, or operation from one labor market area to another labor market area if the relocation is likely to result in a significant loss of jobs in the labor market area from which the relocation occurs. Job loss of more than 500 employees is always considered significant. Job loss of 25 or fewer positions is never considered significant.
20. Rights to Inventions Made Under a Contract or Agreement Grantee shall comply with and require the following in contracts and subrecipient agreements: 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.
City of Ukiah
20-CDBG-12057
EXHIBIT D
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 01/21/2020; Amended on 04/03/2020, and 06/19/2020 Approved Date: 07/02/2020
Prep. Date: 01/04/2021
21. 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 additional assistance; or,
B. Securing 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 or Program Guidelines 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.
22. Reporting Requirements
A. Requirements: During the term of this Agreement, the Grantee must submit all CDBG program reports required by the Department, including quarterly activity, financial, and Program Income reports, semi-annual labor and compliance reports, annual performance reports, and other reports required by the Department or HUD. The Department reserves the right to request additional detail and support for any report made. Reports must be made according to the dates identified, unless otherwise specified at the discretion of the Department.
The Grantee's performance under this Agreement will be evaluated in part on whether it has submitted the reports on a timely basis.
B. Reporting Period: Grantee shall submit reports quarterly, and as required for semi-annual and annual reports, and shall continue to submit reports until such time that the activity is complete, a National Objective has been met and beneficiaries have been identified. The reporting period for this activity may extend beyond the Expenditure Deadline as defined in Exhibit A.
C. Final Reporting Deadline: Grantee shall complete all required reporting for this activity no later than five (5) years from the execution date of this Agreement as identified on the STD 213.
D. Asset Reporting: Grantee shall report annually on the status of all assets (real and personal property, equipment, and vehicles) purchased in whole or in part
City of Ukiah
20-CDBG-12057
EXHIBIT D
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 01/21/2020; Amended on 04/03/2020, and 06/19/2020 Approved Date: 07/02/2020
Prep. Date: 01/04/2021
with CDBG funds for no less than five years from the completion of the activity that generated the asset. Reporting shall continue until the property is disposed, fully depreciated, or, in the event of real property, the five-year commitment to a National Objective has been completed.
23. Fiscal Controls
Grantee shall be responsible for the internal control and monitoring of fiscal and programmatic/operational goals and procedures. The Grantee 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 disbursal of, and accounting for, funds paid to the Grantee under this Agreement.
A. Deposit of Funds: Grantee shall maintain separate accounts within established bookkeeping systems for the deposit of CDBG funds. All cash advances must be deposited in an interest-bearing account; any interest earned in excess of $100.00 per year (which may be retained for related administrative expenses) must be returned at least quarterly to HUD via the Department. Deposits in minority banks are encouraged.
B. Fund Management: Grantee shall deposit funds in an account requiring two signatures for disbursement and shall submit to the Department specimen signatures for all authorized signatories prior to receipt of funds; C. Fiscal Liability: Grantee shall be liable for all amounts which are determined to be due by the Department including, but not limited to, disallowed costs which are the result of Grantee’s or its contractor’s conduct under this Agreement. Grantee 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.
D. 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 25 of this Agreement.
E. Program Income: Any and all Program Income received by Grantee during the administration of this Agreement must be receipted and deposited into a separate Program Income account. Program Income funds may not be comingled with CDBG grant funds in a single account.
City of Ukiah
20-CDBG-12057
EXHIBIT D
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 01/21/2020; Amended on 04/03/2020, and 06/19/2020 Approved Date: 07/02/2020
Prep. Date: 01/04/2021
24. Reversion of Assets
Upon expiration of this Agreement, Grantee shall transfer to the Department any CDBG funds, excluding Program Income, in Grantee’s control at the time of expiration. Further, any real property under Grantee’s control that was acquired and/or improved in whole or in part with CDBG funds (including CDBG funds provided to the Grantee in the form of a loan and Program Income) in excess of $25,000.00 shall be either:
A. Used to meet one of the National Objectives in 24 CFR Part 570 until five (5) years after expiration or closure of this Agreement, the length of time to be further prescribed by mutual agreement of the parties.
B. Disposed of in such manner that Grantee is reimbursed in the amount of the fair market value of the property at the time of disposition of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition and/or improvement of such property. The proceeds from such disposition is Program Income.
If the Grantee provides funds for the purchase or improvement of real property to a subrecipient that is a private non-profit organization, that subrecipient must further agree to a voluntary lien on above-referenced real property as to any CDBG funds received and that such lien will be notarized and recorded in the Office of the County Recorder where the real property is located.
25. Monitoring Requirements
The Department shall perform a program and/or fiscal monitoring of the CDBG grant no less than once during the thirty-six (36) month expenditure period of this Agreement.
The Grantee shall be required to resolve any monitoring findings to the Department's satisfaction by the deadlines set by the Department to maintain program eligibility.
Grantees and applicable subrecipients 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 Grantee that the HCD contract has been closed according to the record retention requirements at 2 CFR 200.333.
Grantees and applicable subrecipients shall permit the State, federal government, the state Bureau of State Audits, the Department, and/or their representatives, upon reasonable notice, unrestricted access to any or all books, records, accounts,
City of Ukiah
20-CDBG-12057
EXHIBIT D
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 01/21/2020; Amended on 04/03/2020, and 06/19/2020 Approved Date: 07/02/2020
Prep. Date: 01/04/2021
documentation, and all other materials relevant to this Agreement for the purpose of monitoring, auditing, or otherwise examining said materials.
26. Inspections of Grant Activity
The Department reserves the right to inspect any grant activity(ies) performed hereunder to verify that the grant activity(ies) is being and/or has been performed in accordance with the applicable federal, state and/or local requirements and this Agreement.
A. The Grantee shall inspect any grant activity performed by contractors and subrecipients hereunder to ensure that the grant activity(ies) is being and has been performed in accordance with the applicable federal, state and/or local requirements and this Agreement.
B. The Grantee agrees to require that all grant activity(ies) found by such inspections not to conform to the applicable requirements be corrected, and to withhold payment to its contractor or subcontractor, respectively, until it is so corrected.
27. Signs
If the Grantee places signs stating that the 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 project that the Department is a source of financing through the CDBG Program.
28. Insurance
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. 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
City of Ukiah
20-CDBG-12057
EXHIBIT D
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 01/21/2020; Amended on 04/03/2020, and 06/19/2020 Approved Date: 07/02/2020
Prep. Date: 01/04/2021
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.
29. Anti-Lobbying Certification
Grantee shall comply with and require that the language of this certification be included in all contracts or subcontracts entered into in connection with this grant activity(ies) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 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 $10,000.00 and no more than $100,000.00 for such failure.
A. No federally 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.
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.
30. Conflict of Interest
Pursuant to 24 CFR 570.489(h), no member, officer, or employee of the Grantee, 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 CDBG activities assisted under this part, or who are in a position to participate in a decision-making
City of Ukiah
20-CDBG-12057
EXHIBIT D
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 01/21/2020; Amended on 04/03/2020, and 06/19/2020 Approved Date: 07/02/2020
Prep. Date: 01/04/2021
process or gain inside information with regard to such activities, including members and delegates to the Congress of the Unites States may obtain a financial interest or benefit from a CDBG-assisted activity, or have a financial interest in any contract, subcontract or agreement with respect to a CDBG-assisted activity or its proceeds, either for themselves or those with whom they have business or immediate family ties, during their tenure, or for one (1) year thereafter. The Grantee 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.
31. Obligations of Grantee with Respect to Certain Third-Party Relationships Grantee 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 Program with respect to which assistance is being provided under this Agreement to the Grantee. The Grantee shall comply with all lawful requirements of the Department necessary to ensure that the Program, with respect to which assistance is being provided under this Agreement to the Grantee, 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)].
32. 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 Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871).
33. 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 thirty (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.
City of Ukiah
20-CDBG-12057
EXHIBIT D
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 01/21/2020; Amended on 04/03/2020, and 06/19/2020 Approved Date: 07/02/2020
Prep. Date: 01/04/2021
2) This Agreement 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 thirty (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. California Government 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.
Applications: City of Ukiah Microenterprise Technical Assistance Program
EXHIBIT E
Award Number
20-CDBG-12057
PO Number
Profile
[email protected]
Section I
Activity Category
Business assistance
Activity (BA/ME)
18C Micro-Enterprise Assist.
National Objective (HCD USE)
(LMCMC) Low/mod limited clientele, micro enterprises
National Objective (M)
(LMCMC) Low/mod limited clientele, micro enterprises
Section II
Measure Indicator (ED)
Persons Assisted
Detailed information on performance measurements can be located in HUD’s Basically CDBG manual, Chapter 13. https://files.hudexchange.info/resources/documents/Basically-CDBG-Chapter-13-Performance-Measurement.pdf Number of Beneficiaries
14 Please indicate the proposed number of beneficiaries of this activity.
LMA - Number of LMI persons in service area that will benefit.
LMC - Number of LMI persons that will benefit
LMH - Number of households that will benefit
LMJ - Number of jobs created/retained
Presumed Benefit Types
Additional Benefit Types
Single Adults, Single Men, Single Women, Families, Veterans Section III
Project Title
City of Ukiah Microenterprise Technical Assistance Program Organization Name
City of Ukiah
Is this acitivity in a Colonia?
No
Is this acitivity for a non-Federally recognized Native American tribe? No
For a list of Federally recognized Native American tribes in California please see https://www.ncsl.org/research/state-tribal-institute/list-of-federal-andstate-recognized-tribes.aspx. For more information see the Governor’s Office of the Tribal Advisor at https://tribalgovtaffairs.ca.gov/.
City of Ukiah
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Project/Program Census Location
The Census information in this section will be used for legislative and congressional district tracking. Please use the Census information of your primary facility or the designated address of the responsible organization. If you are doing a LMA activity, you will be asked to provide additional Census information specific to your service area. It is ok if the information is duplicative.
Use the HUD LMSI mapping tool located at https://hud.maps.arcgis.com/apps/webappviewer/index.html?id=ffd0597e8af24f88b501b7e7f326bedd to gather the required census tract information as identified by the address below. For instructions on using the mapping tool visit:
https://hud.maps.arcgis.com/home/item.html?id=ffd0597e8af24f88b501b7e7f326bedd Identify the census location data for the administrative entity of this application (if this is a county use the County Administration building, if this is a city use City Hall or an administrative facility).
County Code
045
Census Tract
116
Census Block Group(s)
01, 02, 04
Address
300 Seminary Ave., Ukiah CA 95482
Section IV
Activity Address
300 Seminary Ave., Ukiah, CA 95482
Activity Description
The City of Ukiah Microenterprise Technical Assistance (META) program is a modification of an existing program implemented from 2018 to 2019 through CDBG Program Income and CDBG contract #16-CDBG-11147 and has been redesigned for 2019-2020 to more closely follow the format established by business acceleration and incubation programs throughout the U.S. The Center for Economic Development, Chico, CA (CED) has been awarded a contract, conditional upon a CDBG funding award, clearance of any associated general conditions, and HCD's issuance of an Authority to Use Grant Funds, to implement the City's META program. To ensure a locally based and responsive META program model, CED has subcontracted with the Economic Development and Financing Corporation (EDFC), based in Ukiah, and Morrison. The City’s modified META program reflects an integrated process designed to maximize the benefits to, and success of, microenterprises in Ukiah.
The City’s 2020 META program will be implemented in the incorporated limits of the City of Ukiah. It is anticipated that at least 14 low- and moderate-income micro-entrepreneurs will be assisted with direct, one-on-one technical assistance. The actual number of beneficiaries could be much higher than this number, depending on participation at future planned workshops. Because the modified META program has been designed to lead to future job creation and retention opportunities, the priority within the City’s program is assisting beneficiaries to be successful in starting up, expanding, or retaining their microenterprises. Workshops are expected to be conducted virtually due to the existing shelter in place orders, and prior to being hosted a survey or other tool will be released to prospective attendees to ascertain workshop demand.
Please note: because the City's Microenterprise Technical Assistance program is anticipated to be used at least in part for COVIDrelated financial recovery assistance, the City and its program operator Center for Economic Development will insert language within the Microenterprise Technical Assistance program application to emphasize that duplication of funding sources and benefits cannot occur for the same activity. Specifically, the application will be modified to include questions requesting the applicant list other funding sources expected to be received for their proposed project. This should minimize the possibility of duplication of benefits for the same activity.
Enter a detailed description of your activity which should include at a minimum: what the activity is, why it is needed, who the beneficiaries will be, where will it take place, how it will be done and when it will be complete. This should be a similar description provided for the NEPA. Additionally, please indicate if this will be a new activity, a modification to an existing activity, or if a new type of assistance will be added to an existing activity.
By completing the narratives below the applicant is demonstrating a knowledge of need for the activity and the steps needed to achieve the desired outcome.
City of Ukiah
20 -CDBG-12057
Detailed Scope of Work - Task Narrative
Note: Tasks and Deliverables listed below reflect execution of a standard agreement and clearance of any associated general conditions by September 30, 2020. All tasks and deliverables can be moved back one to four months depending on HCD's future grant award and standard agreement execution process. The City's Microenterprise Technical Assistance program is fully ready to be implemented immediately.
Task A: Marketing and Outreach
Deliverables:
1. Development of marketing materials (flyers, social media, web site, press releases) – October 1-31, 2020
2. Marketing and Outreach – October 1, 2020 – September 30, 2021 Task B: Business Eligibility Screening – (November 1, 2020 – September 30, 2021) Deliverables:
1. Review businesses on a first-come basis
2. Assess income and microenterprise eligibility including completion of required forms
3. Evaluate business readiness
Task C: Identify Business Needs– (November 1, 2020 – September 30, 2021) Deliverables:
1. Create business development plan with schedule and activities
2. Determine team member to implement development plan and timeline
3. Determine indicators for tracking
4. Work with business to accomplish deliverables
Task D: Business Technical Assistance – (November 1, 2020 – September 30, 2021) Deliverables:
1. Implement development plan
2. Assess progress and effectiveness of technical assistance
3. Evaluate outcomes – job creation and number of businesses formed for grant reporting and program monitoring Task E: Identify Workshop Demand – (November 1, 2020 – September 30, 2021) Deliverables:
1. Determine similar needs shared by multiple businesses for coordination of workshops
2. Develop workshop content
Task F: Program Administration – (November 1, 2020 – September 30, 2021) Deliverables:
1. Provide required data and information for grant reporting and program monitoring to City staff in a timely manner
2. Coordinate with City staff to ensure timely submittal of all data, reports and cash requests associated with the program
3. Assist with close out of program and any program monitoring upon completion Provide a detailed narrative describing the steps to be taken to complete the activity. (i.e.: Task 1- create marketing plan; Task 2- hold a town hall meeting; Task 3- analyze feedback… etc.). This task narrative should indicate your knowledge of the steps and actions necessary to complete your activity. Narrative should include all actions taken to reach readiness through actions necessary for closeout.
Detailed Scope of Work - Deliverable Narrative
The following deliverables will be met by implementing the program narrative described above. Additionally, the below deliverables summarize deliverables mentioned above.
Deliverable 1- Execute standard agreement; clear any associated CDBG grant general conditions.
Deliverable 2- After Authority to Use Grant Funds received from HCD, issue the Notice to Proceed to program operator CED.
Deliverable 3- Develop marketing materials and strategy.
Deliverable 4- Provide between 20 and 40 hours of technical assistance to each microenterprise client. Technical assistance will include financial and accounting advice and counseling. It may also include business plan development and other microenterprise technical assistance needs.
Deliverable 5- Identify demand for workshops; design content and host workshop(s).
Deliverable 6- Work with City's Business Assistance program staff and operator, as well as local lenders, to arrange financing to at least two eligible microenterprises.
Deliverable 7- Submit funds requests, project set-up/completion reports, and semi-annual and annual reports.
Deliverable 8- Complete CDBG grant closeout activities.
Provide a detailed narrative describing the deliverables that will be completed as part of this activity. (i.e.: Deliverable 1- marketing plan; Deliverable 2- town hall meeting minutes; Deliverable 3- labor compliance files… etc.). This deliverable narrative should indicate your knowledge of the documentation necessary to monitor and evaluate activity compliance. These documents should be part of your project file and will be reviewed as part of your onsite monitoring.
City of Ukiah
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Section V
Will you need more than 30 days after the expenditure deadlines to complete your activity reporting? No
Will you need more than 30 days after the expenditure deadline to complete your beneficiary reporting, for example; reporting for activities that are in support of housing or economic development where it is likely that there will be a time gap between completion of the activity and reportable beneficiaries.
Do you want to include additional optional milestones?
No
If you selected YES, please provide each milestone for the project as well as the anticipated completion date. There are spaces for 10 milestones, however only the first and last are mandatory. The first milestone is the proposed activity start date and the last milestone is the proposed notice of completion or completion date of the activity. Additional milestones are optional. Milestones provided in this section will become part of the Standard Agreement.
Milestone #1
Develop marketing materials and strategy; begin marketing and outreach activities.
Milestone #1 Completion Date
11/01/2020
Confirmation of Closeout - Milestone #10
Provide the necessary documentation and close out the grant.
Confirmation of Closeout - Milestone #10 Completion Date 12/31/2021
Readiness Criteria
Have you met the state objective for Disaster Resiliency Long-Term Planning? Yes
Upload the plan
State Obj Doc- Disaster Resiliency.Ukiah.pdf
Have you met the state objective for Fair Housing- Access to Opportunity? Yes
Upload documentation showing how you met this objective State Obj Doc- Fair Housing.Ukiah.pdf
Do you have a completed Market Analysis?
Yes
Upload Market Analysis
City of Ukiah Market Analysis- META 09.17.2020.pdf
Understanding of Market Conditions and Opportunities by Market Segment Survey Analysis
Use the following link U.S. Census - County Business Pattern (CBP) (free source) ( http://www.census.gov/programs-surveys/cbp.html)
to determine the number of businesses by industry category using the 2 digit North American Industry Classification System (NAICS) code level breakdown. Information on the CBP website is only available in a list format. From the CBP website click on the American Fact Finder link and the “Main” tab to obtain additional information and instructions on how to use the American Fact Finder business patterns search tool. Analyze the business segments for the most recent 3 years describing increases, decreases, or stability in number of businesses by segment and employment category. Local businesses surveyed to determine demand. For Micro-Enterprise, use businesses with 5 or fewer employees in your evaluation.
Identifying and Analyzing Lending Opportunities and Competitors Identifying all (other) private and public lending sources serving the market area to determine Look for the following from other lending opportunities:
1. Types of lending products offered.
2. Types of businesses inquiring/obtaining financing.
3. Types of businesses not meeting lender requirements
4. Minimum and maximum loan amounts.
5. Typical loan terms & interest rates.
6. Allowable uses of funds.
7. Collateral requirements.
City of Ukiah
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8. Level of equity contribution required for loan-to-value (LTV).
Demand projections and conclusions
Third party documentation and references
Use the analysis to determine the scope number size of applications and potential loans for the program and validate the amount of money being requested as part of this application.
Upload Loan Underwriting and Servicing Documentation
Collateral standards or requirements
HUD’s overview of economic development underwriting can be located in the HUD Economic Development Toolkit, Chapter 9 Economic Development Toolkit, Chapter 11 and Appendix A to Part 570 (https://www.law.cornell.edu/cfr/text/24/appendix-Atopart_570).Toolkits can be found here:
https://files.hudexchange.info/resources/documents/Economic-Development-Toolkit-Manual.pdf Upload Underwriting Requirements
META loan underwriting description.pdf
Threshold Criteria
Are you looking to start a new program, modify an ongoing program, or add a new type of assistance to an existing program?
Modify ongoing
Please include a narrative describing your staff and/or contractor/subrecipient expertise The City of Ukiah Community Development Department's Housing Division will administer the CDBG Microenterprise Technical Assistance program grant, including coordination, compliance monitoring, and the completion of semi-annual and annual reports, project set-up/completion reports, and drawdown requests. Craig Schlatter, Community Development Director, will serve as the principal administrator for the City’s CDBG META program and will be assisted by Mary Horger, Financial Services Manager for the City of Ukiah.
Mr. Schlatter has nearly 15 years' experience with the California CDBG non-entitlement program and has designed and implemented Homeownership Assistance, Housing Rehabilitation, and Business Assistance programs, as well as administered Microenterprise Technical Assistance programs. Mr. Schlatter has also designed and implemented CDBG multi-family housing rehabilitation and reconstruction projects, infrastructure and public improvement projects, economic development and housing debt restructuring projects, and public facility improvement projects. Mr. Schlatter has training and experience in State and Federal Davis Bacon and Related Acts prevailing wage monitoring, as well as training through HUD in NEPA compliance and environmental reviews, and serves as the NEPA Certifying Officer for CDBG and HOME for the City of Ukiah. Ms. Horger has approximately 19 years’ experience in all aspects of procurement, budgeting, and vendor management, for both private and public organizations. Ms. Horger also has experience with CDBG and HOME financial management, including accounting and tracking.
The City has procured the services of an experienced and qualified program operator to implement the microenterprise technical assistance program. This organization, Center for Economic Development, in partnership with their subcontractors Morrison and the Economic Development and Financing Corporation (EDFC), will implement the program on behalf of the City.
The Center for Economic Development, Morrison and the Economic Development and Financing Corporation are partnering to provide technical assistance to microenterprise businesses located within the City of Ukiah. Each partner brings experience and expertise with identifying and working with low- to moderately-low income, microenterprise businesses and start-ups utilizing programs such as the Community Development Block Grant Technical (CDBG) Assistance.
Established in 1986, CED is a department of the North State Planning and Development Collective at Chico State Enterprises. The CED (in tandem with its counterpart agency the Geographical Information Center (GIC – est. 1988) provides services and resources to the region’s businesses, governments, and residents by pairing GIS mapping services and broadband infrastructure support with economic development research, surveying, analysis, planning and implementation throughout the state of California.
The Center for Economic Development was founded with the understanding of the need for targeted technical assistance, data collection and analysis, strategic planning and convening and facilitation of various partners and communities. This theme has continued and improved over the CED’s 34 years. The CED team has the skillsets and experience to implement data collection, surveying, analysis and mapping while understanding trends, patterns and predictors of the predictors for the region’s economy.
The CED supports small to medium-sized businesses and entrepreneurs throughout the North State by providing customized technical assistance to enhance their ability for growth and sustainability. Small businesses are the backbone of the North State economy. Providing technical assistance for businesses identified through the CDBG TA program is critical especially given the additional challenges of natural disasters and now COVID-19. These challenges are in addition to the obstacles many low- to City of Ukiah
20 -CDBG-12057
moderately-low income small business owners face. Many owners struggle with limited time or expertise or simply do not know how to access resources that are available. This is why assistance like the TA program is so important.
The CED has current and past successful grants/contracts from the following agencies (this is not an exhaustive list): United States Department of Agriculture (USDA), Economic Development Administration (EDA), California Manufacturing Technology Consultants (CMTC) (funding through US Department of Commerce), US Forest Service, Facebook, Public agency contracts, California Public Utilities Commission (CPUC)
Morrison was founded in 2002 to provide specialized business consulting services. They have assisted government entities, economic development corporations, industry associations, food companies, farms and ranches, start-up businesses, institutions of higher education, and others across the nation.
Morrison daily provides clients with direct one-on-one mentoring in all aspects of business management. Since their founding, Morrison has provided analyses of the financial feasibility and management of start-ups, well-established organizations, and expansions. Additionally, with a talented team of several Certified Public Accountants (CPAs), they have extensive experience in financial modeling, cash flow analysis, and projections to help organizations achieve fiscal sustainability. These CPAs have served in both industry and consulting capacities as financial executives.
Morrison has also engaged with organizations to provide workshops, classes, and direct one-on-one consulting to their members and clients, with attention to financial management, helping businesses reach new growth and stability, and through this work, has cooperatively worked with other contractors and agencies to deliver services. Morrison’s most relevant firm experience includes having served as the Program Operator for the City of Crescent City’s Community Development Block Grant (CDBG) Microenterprise Assistance Program. The goal of the program was to provide technical assistance to microenterprise businesses conducting business within the city limits. To qualify for the technical assistance program, a business had to operate within the city limits, have five or fewer employees, and the owner had to earn less than 80 percent of the County median income as adjusted for household size.
The Economic Development Finance Corporation (EDFC), based in Ukiah, CA, is a non-profit organization that makes loans to businesses in Mendocino and Lake Counties to create jobs and grow the local economy. In addition to its financing programs, EDFC provides a critical link between the public and private sectors acting not just as a lender but also as an economic development organization. EDFC works with a multitude of partners to develop plans and implement projects that support economic growth.
Narratives of key personnel for the program operator- CED, EDFC, and Morrison- are provided below.
The Center for Economic Development will serve as the program operator and contact for the City of Ukiah. The CED is prepared to oversee and manage the designated tasks outlined in the Scope of Work. The CED will be responsible for marketing the TA program in collaboration with EDFC, screening the businesses for eligibility of number of employees and the low- to moderatelylow income requirements as outlined by Housing and Community Development’s CDBG guidelines, ascertain needs and readiness of each business, and determine which member of the Team can best provide services to each business.
Courtney Farrell – Project Manager
Courtney has over 20 years’ experience in economic and community development, business development, project management and funding development. She has coordinated development efforts and strategic planning sessions between cities, counties, government agencies, private companies and nonprofits. Her expertise is in strategic planning, relationship building, facilitation, conference and event planning, grant writing, donor cultivation and stewardship, and fundraising.
From 2012 to 2015, Courtney managed Butte County’s CDBG Business Incubation Program (BiP). During that time, she was responsible for marketing the program, identifying and screening potential businesses based on the CDBG eligibility requirements, assessed business needs, created development plans, coordinated TA activities, developed workshops, completed grant reports and participated in monitoring activities. From 2015-2017, Courtney managed a Business Vitality Seed Fund in partnership with the City of Chico’s CDBG program. This fund provided grants up to $5,000 per eligible business.
She is a founding member of Team Chico an economic development collaborative for the City of Chico and the City of Corning’s Economic Development Action Committee. Courtney has a Master’s Degree from CSU, Chico and successfully completed the School of Executive Leadership training, University of Michigan, Ross School of Business and the University of Arizona’s Economic Development Course.
Hayley Stone – Senior Project Analyst
Hayley holds a BA in Geography and Planning, a Certificate in Rural and Town Planning, a minor in Diversity Studies and a Master’s Degree in Public Administration from CSU, Chico. She has over 6 years of professional experience performing GIS data City of Ukiah
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development and maintenance, as well as data analysis at the Geographical Information Center. Since March of 2018, Hayley has been responsible for managing several statewide, regional and local level GIS contracts and timelines.
In addition to her GIS background, Hayley works with the Center for Economic Development to design and implement research projects that are intended to fill data gaps on workforce, training, and industry needs. At the Center for Economic Development, Hayley manages a strategic partnership with California Manufacturing and Technology Consultants to provide technical assistance to manufacturing businesses within the North State region. Through this partnership, Hayley outreaches and connects with potential businesses, and together they establish a technical assistance plan that is geared to the specific goals and needs of each business.
Morrison
Morrison will provide direct technical assistance to identified, eligible businesses for the TA program.
Toni Scott – Managing Principal
Toni Scott is responsible for Morrison's overall management and operations. She also leads and directs Morrison’s grant services, working with clients in government, food, agribusiness, manufacturing, production agriculture, processing, and marketing to plan, prepare for, and secure competitive state and federal grant funding. She also oversees grant administration of client projects and contributes to business plan and feasibility study projects and conducts strategic planning and facilitation. Toni directs Morrison’s external communications and industry outreach.
Shawn Miller – Principal, People Solution Services
Shawn Miller joined Morrison in 2016 and leads the People Solutions Services practice area, serving clients in industries including agribusiness, manufacturing and processing, distribution, health care, and non-profit, focusing on executive recruiting, organizational development, outsourced and interim human resources management, and human resources advisement and compliance.
Geoff Chinnock – Consultant, Business and Accounting Advisory Services Geoff Chinnock joined Morrison in 2007 and serves as an advisor to clients in processing, agribusiness, distribution, manufacturing, marketing, and production agriculture. His service areas include virtually every aspect of Morrison’s Business & Accounting Advisory Services, with a focus on strategy and overall business management.
Economic Development Finance Corporation
For the purposes of this program, EDFC will provide outreach activities throughout the City of Ukiah to promote the TA program by utilizing their mail chimp newsletter, Facebook, Twitter and referrals. CED will work with EDFC to create marketing material, social media posts, and press releases for promotion activities and to develop the program web site. Additionally, EDFC will provide inperson meeting space for the team to meet with businesses as needed.
At this time, due to COVID-19, the team has the capabilities to meet remotely with business owners. During the initial screening of each business for eligibility, the team will discuss the best approach for communication with the business to best accommodate the interaction and process of the development plan and implementation of the work.
Diann Simmons – Operations Manager
Diann brings a diverse background to EDFC. She grew up in the Midwest and spent almost two decades living the back-to-the-land life in northern Wisconsin and raising three children. She moved to Sonoma County from the Southwest in the late 90’s and initiated nearly a decade of work as a project manager in affordable housing development. She has lived in Mendocino County since 2002 and worked in the county since 2004. In 2008 she turned her attention to her rural community in Round Valley and transferred her grant writing capacity from affordable housing, to funding and coordinating community wellness and youth programs for the Round Valley Indian Health Center and the Round Valley Unified School District. She was a co-leader in a volunteer group that imagined, funded and created the Round Valley Library Commons.
Do you have a signed agreement with a contractor/subrecipient? Yes
Supporting Documentation
Contract and Description- City of Ukiah and CED.pdf
Supporting Documentation
The Subrecipient Agreements must meet the requirements of 24 CFR §570.503: https://www.law.cornell.edu/cfr/text/24/570.503 Contracts must be in compliance with 2 CFR §§200.317-200.326:. https://www.ecfr.gov/cgi-bin/text-idx?node=2:1.1.2.2.1.4.31&rgn=div7 Contracts should include language required in Appendix 2 of 2 CFR 200: https://www.law.cornell.edu/cfr/text/2/appendix-IItopart_200 Can you certify that the funding requested is gap funding? No
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Do you have adopted or draft:
Program guidelines
To meet threshold requirements applicants must have at least one of the following four documents. Plans that have been approved for other funding organizations are acceptable.
Program Guidelines- (NOTE: For all housing loan and economic development programs DRAFT program guidelines are mandatory). A grantee must develop and follow a detailed plan which details the rules and regulations under which the program will operate.
Activity Implementation Plan- An implementation plan is the document that you use to define your implementation strategy. It outlines the activities and decisions necessary to turn the strategic goals into reality, and the execution plan is a schedule of concrete actions and activities to achieve goals and drive success.
Strategic Plan- A document that articulates both the decisions made about the organization's goals and the ways in which the organization will achieve those goals.
Operating Plan- An operating plan can be defined as a plan that clearly defines actions it will take to support the strategic objectives and plans of upper management.
Upload your adopted or draft program documentation
City of Ukiah Microenterprise TA guidelines (full) 6-21-17.pdf Upload additional adopted or draft program documentation Upload additional adopted or draft program documentation Upload additional adopted or draft program documentation Description of site control of the facility or means to conduct the services N/A
Upload your Site Control Supporting Documentation
Upload your Debarment Check
CED- Chico State Enterprises debarment check.pdf
Upload additional Debarment Check documentation
EDFC Debarment Check.pdf
Upload additional Debarment Check documentation
Morrison debarment check.pdf
Upload additional Debarment Check documentation
City of Ukiah debarment check.pdf
Upload additional Debarment Check documentation
Upload additional Debarment Check documentation
Upload your Statement of Assurances and Compliance with 2 CFR Part 200 Appendix J-2020 CDBG Application Certifications-signed.pdf Citizen Participation - Have you met all Public Hearings/Citizen Participation requirements? Yes
Upload Citizen Participation Proof of Public Notice
City of Ukiah Proofs of Publication- App Submittal and Design Phase.pdf Upload Public meeting/hearing presentation/handout materials Description.agenda.report-Ukiah App Submittal Public Hearing.pdf Upload Public meeting/hearing presentation/handout materials Description.minutes.handouts- Ukiah Local App-Design Phase process.pdf Per 24 CFR §570.486 https://www.law.cornell.edu/cfr/text/24/570.486 the public notice should contain at the minimum, the amount of CDBG funds being requested, the amount of PI funds being used (if applicable), the range of activities that will be performed, the address, phone number, and times of the meeting.
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Upload Approved Resolution for Application
CC Reso 2020-43 - Approving Grant Application to CDBG.pdf Upload CA TIN Verification form
GovtTINForm_000 City of Ukiah-signed.pdf
Are all single audit findings cleared or in remediation? N/A (no audit finding or not required to submit single audit) Upload your most current single audit, if applicable
OMB single audit cert- CDBG.pdf
Are all program monitoring findings cleared or in remediation? N/A (no monitoring findings or no recent monitoring completed) Have any Department of Housing and Community Development monitoring findings been resolved or is there an approved remediation plan in effect? If you have not been monitored in the last five years, select N/A. If you are unsure if your prior findings have been resolved please contact your program representative.
Are you in compliance with all exisiting HCD award agreements? Yes
Have funds due to the state for repayment of non-compliance items have been repaid? Or have you entered into a satisfactory repayment agreement, and payments are current? N/A (no funds due for re-payment)
Have you expended at least 50 percent of open CDBG funds in this same activity? N/A
Do you have any overdue semi-annual or annual grant reports? No
NEPA Compliance required the appropriate level of NEPA review, documented in an EA, CEST, CENST, or Statement of Exemption for the activity, and a Statement of Exemption for the general administration of the activity. Please make sure to upload both if applicable.
Upload proof of NEPA Compliance
Ukiah ME TA- NEPA ER.pdf
Upload additional proof of NEPA Compliance
Ukiah ME TA general admin- NEPA ER.pdf
Upload additional proof of NEPA Compliance
Upload additional proof of NEPA Compliance
Upload additional proof of NEPA Compliance
Upload additional proof of NEPA Compliance
Upload the Environment Review form and essential supporting documentation including consultation letters, mitigations conditions of approval or other documents. Please do not upload the entire environmental review record if it is more than 50 pages. Do upload any noticing FONSI/RROF or NOIRROF and Authorization to Use Funds if available that corresponds with the activity’s appropriate level of review. Acceptable formats of these forms can be located at https://www.hudexchange.info/programs/environmental-review/. To determine the correct level of review go to HUD’s environmental review overview page https://www.hudexchange.info/programs/environmental-review/orientation-to-environmental-reviews/#overview. Please make sure your Environmental Review is definitive in findings and that the project description matches the project description in this application. Environmental Reviews with qualified findings that do not adequately or correctly identify mitigations that did not complete required consultations, or that have other material deficiencies may result in disqualification.
Has your housing element been submitted to HCD?
Yes
Upload your housing element proof of submittal
Ukiah Review Letter - Adopted FINAL (HCD Certification).pdf City of Ukiah
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