City Council
Regular Meeting
AGENDA
(to be held both at the physical and virtual locations below) Civic Center Council Chamber ♦ 300 Seminary Avenue ♦ Ukiah, CA 95482 To participate or view the virtual meeting, go to the following link: https://us06web.zoom.us/j/97199426600 Or you can call in using your telephone only:
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November 15, 2023 - 6:00 PM
1. ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. AB 2449 NOTIFICATIONS AND CONSIDERATIONS
4. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS
5. PETITIONS AND COMMUNICATIONS
6. APPROVAL OF MINUTES
6.a. Approval of the Minutes for the November 1, 2023, Special Meeting.
Recommended Action: Approve the minutes for the November 1, 2023, special meeting.
Attachments:
1. 2023-11-01 Draft Minutes - Special Meeting
6.b. Approval of the Minutes for the November 1, 2023, Regular Meeting.
Recommended Action: Approve the minutes for the November 1, 2023, regular meeting.
Attachments:
1. 2023-11-01 Draft Minutes - Regular Meeting
6.c. Approval of the Minutes for the November 7, 2023, Special Meeting.
Recommended Action: Approve the minutes for the November 7, 2023, special meeting.
Attachments:
1. 2023-11-07 Draft Minutes - Special Meeting
7. 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.
8. 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.
8.a. Approval of Purchase of Mimecast Email Security Suite Including Installation and Configuration from CompuNet in the Amount of $58,779, and Approval of Corresponding Budget Amendment.
Recommended Action: Approve the purchase of Mimecast Email Security Suite including installation and configuration from CompuNet in the amount of $58,779, and approve of corresponding budget amendment.
Attachments:
1. Article - Judson School District
2. Article - Mendo Voice
3. Mimecast Quote (1)
8.b. Approve the Purchase of a Portable Concrete Mixer from Cart-Away Concrete Systems, Inc in the Amount of $71,514.32.
Recommended Action: Approve the purchase of a Portable Concrete Mixer from Cart-Away Concrete Systems, Inc in the amount of $71,514.32.
Attachments:
1. Request for Bid
2. Bid Tab
3. Itemized Quote
8.c. Progress Report for HdL Companies Contract for Tax and Fee Administration Services for Transient Occupancy Tax.
Recommended Action: Receive and file.
Attachments:
1. Hinderliter, de Llamas and Associates (HDL) - TOT Audit 2122-218 - Contract - signed
9. AUDIENCE COMMENTS ON NON-AGENDA 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 that is within the subject matter jurisdiction of the City Council, 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.
10. COUNCIL REPORTS
11. CITY MANAGER/CITY CLERK REPORTS
12. PUBLIC HEARINGS (6:15 PM)
12.a. Conduct a Public Hearing to Receive Public Comment, Discuss Final Grantee Performance Under State Community Development Block Grant 20-CDBG-CV-2-3-00069, Adopt 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.
Recommended Action: 1) Receive report from Staff on final performance related to State Community Development Block Grant 20-CDBG-CV-2-3-00069; 2) Conduct a public hearing to receive public comment; 3) Adopt a Resolution acknowledging accomplishments, confirming activity completion, and confirming receipt of all grant reimbursement funds from the State; and 4) Approve any corresponding budget amendments required as part of the grant closeout process.
Attachments:
1. Resolutions 2021-03 & 2021-05
2. Standard Agreement 20-CDBG-CV-2-3-00069
3. Draft Resolution Closeout 20-CDBG-2-3-00069
12.b. 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.
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.
Attachments:
1. Resolution 2020-43
2. StandardAgreement 20-CDBG-1257
3. Quarterly Report CED META
4. Draft Resolution Closeout 20-CDBG-12057
13. UNFINISHED BUSINESS
13.a. Status Report of the Emergency Contract with West Coast Fire & Water for Fire Remediation Work at the Electric Utility Service Center at Hastings.
Recommended Action: Receive a status report, and approve the continued work on the emergency contract with West Coast Fire & Water for Fire Remediation Work at the Electric Utility Service Center at Hastings.
Attachments:
1. West Coast Fire Water - Hastings Fire Remediation Work - 2223-177
14. NEW BUSINESS
14.a. Receive and File First Quarter Financial Report.
Recommended Action: Receive and file report.
Attachments: None
14.b. Receive and File Fourth Quarter Financial Report (Preliminary Unaudited Year-End Results).
Recommended Action: Receive and file report.
Attachments: None
14.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).
Recommended Action: Receive report(s). The Council will consider modifications to committee and ad hoc assignments along with the creation/elimination ad hoc(s).
Attachments:
1. City Council Special Assignments rev 8-4-23
14.d. Consideration of Adoption of Amended Resolution Providing Council Rotation Guidelines; and Annual Appointment of Mayor, Vice Mayor, and Council Reorganization.
Recommended Action: 1) Adopt an amended resolution providing Council rotation guidelines; and 2) Nominate and appoint the positions of Mayor and Vice Mayor, and select seating for the remaining Councilmembers for the year 2024, starting in December.
Alternate action: Take only partial action, and/or continue this item to the December 6, 2023, Council meeting.
Attachments:
1. Council Rotation Guidelines Resolution - Redline and Clean
15. CLOSED SESSION - CLOSED SESSION MAY BE HELD AT ANY TIME DURING THE MEETING
15.a. Conference with Legal Counsel – Anticipated Litigation (Government Code Section 54956.9(d)(2))
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: (1 case)
15.b. Conference with Legal Counsel – Anticipated Litigation (Government Code Section 54956.9(d)(4))
Initiation of litigation (1 case)
15.c. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(d)(1)
Name of case: Roofing & Solar Construction, Inc. v. City of Ukiah et al., Mendocino County Superior Court Case No. 22CV00048
15.d. 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
15.e. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(d)(1))
Name of case: Russian River Keepers et al. v. City of Ukiah, Case No. SCUK-CVPT-20-74612
15.f. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9)
Name of case: Ukiah v. Questex, Mendocino County Superior Court Case No. 15-66036
15.g. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9)
Name of case: Jane Doe v. City of Ukiah et al., U.S.D.C. (Eureka Division) Case No. 123-cv009808.
15.h. Conference with Real Property Negotiators
(Cal. Gov't Code Section 54956.8)
Property: APN Nos: 003-190-11
Negotiator: Sage Sangiacomo, City Manager
Negotiating Parties: Dave Hull
Under Negotiation: Price & Terms of Payment
15.i. Conference with Real Property Negotiators
(Cal. Gov't Code Section 54956.8)
Property: APN Nos: 184-080-37;184-080-36; 184-090-01; 184-090-07; 184-090-06; 184-100-04 Negotiator: Sage Sangiacomo, City Manager
Negotiating Parties: Henry's Original
Under Negotiation: Price & Terms of Payment
15.j. Public Employee Performance Evaluation
(Government Code Section 54956
Title: City Manager
15.k. Conference with Labor Negotiator (54957.6)
Agency Representative: Sage Sangiacomo, City Manager
Employee Organizations: All Bargaining Units
16. 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. Any handouts or presentation materials from the public must be submitted to the clerk 48 hours in advance of the meeting; for handouts, please include 10 copies.
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, CMC
Dated: 11/9/23
AGENDA ITEM 6a
CITY OF UKIAH
CITY COUNCIL MINUTES
Special Meeting
Virtual Meeting Link: https://us06web.zoom.us/j/97199426600 Ukiah, CA 95482
November 1, 2023
4:00 p.m.
1. ROLL CALL AND PLEDGE OF ALLEGIANCE
Ukiah City Council met at a Special Meeting on November 1, 2023, having been legally noticed on October 26, 2023. The meeting was held in person and virtually at the following link:
https://us06web.zoom.us/j/97199426600. Mayor Rodin called the meeting to order at 4:03 p.m. Roll was taken with the following Councilmembers Present: Juan V. Orozco, Susan Sher, Douglas, F.
Crane, Josefina Dueňas (arriving at 4:06 p.m.), and Mari Rodin. Staff Present: Sage Sangiacomo, City Manager; and Kristine Lawler, City Clerk.
MAYOR RODIN PRESIDING.
The Pledge of Allegiance was led by Mayor Rodin.
2. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
No public comment was received.
3. WORKSHOP
a. Adoption of Resolution Approving the Building Official's Recommendations Regarding Palace Hotel Property and Exemption Determinations under Ukiah City Code Section 3016(b)(2) and the California Environmental Quality Act.
Presenters: David Rapport, City Attorney; Matt Keizer, Chief Building Official.
Public Comment: Linda Sanders, Nick Thayer, John (surname inaudible), Susan Knopf, Steven Johnson (attorney for current owner), Dennis Crean, Alan Nicholson, Pinky Kushner, Susan Knopf (speaking for a second time), Alex de Grassi, Pinky Kushner (speaking for a second time).
Motion/Second: Crane/Sher to adopt a Resolution (2023-35) approving the Building Official's recommendations regarding Palace Hotel property and exemption determinations under Ukiah City Code Section 3016(b)(2) and the California Environmental Quality Act with a minor revision to #7 of the resolution adding an Exhibit A. Motion carried by the following roll call votes: AYES: Orozco, Sher, Crane, Dueňas, and Rodin. NOES: None. ABSENT: None. ABSTAIN: None.
4. CLOSED SESSION
a. Conference with Legal Counsel – Anticipated Litigation (Government Code Section 54956.9(d)(4))
Initiation of litigation (1 case)
No Closed Session was held.
5. ADJOURNMENT
There being no further business, the meeting adjourned at 5:27 p.m. ________________________________
Kristine Lawler, City Clerk
AGENDA ITEM 6b
CITY OF UKIAH
CITY COUNCIL MINUTES
Regular Meeting
CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue, Ukiah, CA 95482
Virtual Meeting Link: https://us06web.zoom.us/j/97199426600 Ukiah, CA 95482
November 1, 2023
6:00 p.m.
1. ROLL CALL
Ukiah City Council met at a Regular Meeting on November 1, 2023, having been legally noticed on October 27, 2023. The meeting was held in person and virtually at the following link:
https://us06web.zoom.us/j/97199426600. Mayor Rodin called the meeting to order at 6:02 p.m. Roll was taken with the following Councilmembers Present: Juan V. Orozco, Susan Sher, Douglas, F.
Crane, Josefina Dueňas, and Mari Rodin. Staff Present: Sage Sangiacomo, City Manager; David Rapport, City Attorney; and Kristine Lawler, City Clerk.
MAYOR RODIN PRESIDING.
2. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Tim Eriksen, Public Works Director/City Engineer.
3. AB 2449 NOTIFICATIONS AND CONSIDERATIONS
4. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS
5. PETITIONS AND COMMUNICATIONS
City Clerk, Kristine Lawler, stated that all communications had been distributed.
6. APPROVAL OF MINUTES
a. Approval of the Minutes for the October 17, 2023, Special Meeting. b. Approval of the Minutes for the October 18, 2023, Special Meeting. c. Approval of the Minutes for the October 18, 2023, Regular Meeting.
Motion/Second: Crane/Orozco to approve minutes of special meeting of October 17, 2023, and the special and regular meetings of October 18, 2023; as submitted. Motion carried by the following roll call votes: AYES: Orozco, Sher, Crane, Dueňas, and Rodin. NOES: None. ABSENT: None.
ABSTAIN: None.
7. RIGHT TO APPEAL DECISION
8. CONSENT CALENDAR
a. Consideration of Adoption of Resolution (2023-36) Approving Records Destruction for the Police Department.
b. Consideration of Nomination and Possible Adoption of a Resolution (2023-37) Appointing Steven Ratley to the Public Spaces Commission.
City Council Minutes for November 1, 2023, Continued:
c. Approval Notice of Completion for Ghilotti Construction Co. for the Clara Avenue Reconstruction Project, Specification 20-08, and Direct the City Clerk to File the Notice of Completion with the County Recorder.
d. Approval of Plans and Specifications for the Urban Core Rehabilitation and Transportation Project, Specification 23-07, and Direct Staff to Advertise for Bids.
Motion/Second: Crane/Sher to approve Consent Calendar Items 8a-8d, as submitted. Motion carried by the following roll call votes: AYES: Orozco, Sher, Crane, Dueňas, and Rodin. NOES:
None. ABSENT: None. ABSTAIN: None.
9. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
No public comment was received.
10. COUNCIL REPORTS
Presenters: Councilmembers Sher and Orozco, Mayor Rodin, and Vice Mayor Duenas.
11. CITY MANAGER/CITY CLERK REPORTS
Presenters:
Construction Update – Tim Eriksen, Public Works Director/City Engineer. Upcoming Scheduling – Kristine Lawler
12. PUBLIC HEARINGS (6:15 PM)
13. UNFINISHED BUSINESS
a. Status Report of the Emergency Contract with West Coast Fire & Water for Fire Remediation Work at the Electric Utility Service Center at Hastings.
Presenter: Sage Sangiacomo, City Manager.
Motion/Second: Crane/Rodin to approve the continued work on the emergency contract (2223-177) with West Coast Fire & Water for Fire Remediation Work at the Electric Utility Service Center at Hastings. Motion carried by the following roll call votes: AYES: Orozco, Sher, Crane, Dueňas, and Rodin. NOES: None. ABSENT: None. ABSTAIN: None.
b. Receive Presentation and Approve an Update to the City-approved SB 743 Implementation Policy to Include Assessments of the Effects of Multimodal Networks; and Possibly Direct Staff to Draft an Ordinance Implementing the Updated Policy.
Presenters: Craig Schlatter, Community Development Director; and Donald Hubbard, Todd Tregenza, and Colin Burgett, GHD.
Motion/Second: Crane/Orozco to approve an update to the City’s approved SB 743 implementation policy to include assessments of the effects of multimodal networks; and direct Staff to prepare a draft ordinance to implement the updated policy. Motion carried by the following roll call votes:
AYES: Orozco, Sher, Crane, Dueňas, and Rodin. NOES: None. ABSENT: None. ABSTAIN: None.
14. NEW BUSINESS
a. Discussion and Possible Action Regarding Cancellations of the Regular City Council Meetings of December 20, 2023 - Contingent Upon City Business; and January 3, 2024, with the Option for the Mayor and/or City Manager to Call for a Special Meeting on an Alternate Date if Time Sensitive Business Arises.
Presenter: Sage Sangiacomo, City Manager.
City Council Minutes for November 1, 2023, Continued:
Motion/Second: Crane/Orozco to approve the cancellation of the regular City Council meetings on December 20, 2023 – contingent upon City business; and January 3, 2024, with the option for the Mayor and/or City Manager to call for a special meeting on an alternate date if time sensitive business arises. Motion carried by the following roll call votes: AYES: Orozco, Sher, Crane, Dueňas, and Rodin. NOES: None. ABSENT: None. ABSTAIN: None.
b. 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).
No reports were received.
THE CITY COUNCIL ADJOURNED TO CLOSED SESSION AT 7:19 P.M.
15. CLOSED SESSION
a. Conference with Legal Counsel – Anticipated Litigation (Government Code Section 54956.9(d)(2))
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9:
(1 case)
b. Conference with Legal Counsel – Anticipated Litigation (Government Code Section 54956.9(d)(4))
Initiation of litigation (1 case)
c. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9(d)(1)
Name of case: Roofing & Solar Construction, Inc. v. City of Ukiah et al., Mendocino County Superior Court Case No. 22CV00048
d. 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 e. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9(d)(1))
Name of case: Russian River Keepers et al. v. City of Ukiah, Case No. SCUK-CVPT-20-74612 f. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9)
Name of case: Ukiah v. Questex, Mendocino County Superior Court Case No. 15-66036 g. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9)
Name of case: Jane Doe v. City of Ukiah et al., U.S.D.C. (Eureka Division) Case No. 123-cv009808. h. Conference with Real Property Negotiators
(Cal. Gov't Code Section 54956.8)
Property: APN Nos: 003-190-11
Negotiator: Sage Sangiacomo, City Manager
Negotiating Parties: Dave Hull
Under Negotiation: Price & Terms of Payment
City Council Minutes for November 1, 2023, Continued:
i. Public Employee Performance Evaluation
(Government Code Section 54956
Title: City Manager
j. Conference with Labor Negotiator (54957.6)
Agency Representative: Sage Sangiacomo, City Manager
Employee Organizations: All Bargaining Units
No action reported; direction provided to Staff.
16. ADJOURNMENT
There being no further business, the meeting adjourned at 7:25 p.m. ________________________________
Kristine Lawler, CMC
AGENDA ITEM 6c
CITY OF UKIAH
CITY COUNCIL MINUTES
Special Meeting
Virtual Meeting Link: https://us06web.zoom.us/j/97199426600 Ukiah, CA 95482
November 7, 2023
3:30 p.m.
1. ROLL CALL AND PLEDGE OF ALLEGIANCE
Ukiah City Council met at a Special Meeting on November 7, 2023, having been legally noticed on November 6, 2023. The meeting was held in person and virtually at the following link:
https://us06web.zoom.us/j/97199426600. Mayor Rodin called the meeting to order at 3:35 p.m. Roll was taken with the following Councilmembers Present: Juan V. Orozco, Susan Sher, Douglas, F.
Crane (arriving at 3:40 p.m.), Josefina Dueňas (arriving at 3:35 p.m.), and Mari Rodin. Staff Present:
Sheri Mannion, Human Resources Director/Risk Manager; and Kristine Lawler, City Clerk.
MAYOR RODIN PRESIDING.
The Pledge of Allegiance was led by Mayor Rodin.
2. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
No public comment was received.
THE CITY COUNCIL ADJOURNED TO CLOSED SESSION AT 3:36 P.M.
3. CLOSED SESSION
a. Public Employee Performance Evaluation
(Government Code Section 54956
Title: City Manager
No action reported; direction given to Staff.
4. ADJOURNMENT
There being no further business, the meeting adjourned at 6:20 p.m. ________________________________
Kristine Lawler, City Clerk
Agenda Item No: 8.a.
MEETING DATE/TIME: 11/15/2023
ITEM NO: 2023-3086
AGENDA SUMMARY REPORT
SUBJECT: Approval of Purchase of Mimecast Email Security Suite Including Installation and Configuration from CompuNet in the Amount of $58,779, and Approval of Corresponding Budget Amendment.
DEPARTMENT: Information Services PREPARED BY: Scott Shaver, I.T. Manager, Ryan Burkhart, IT Manager
PRESENTER: Ryan Burkhart, IT Manager
ATTACHMENTS:
1. Article - Judson School District
2. Article - Mendo Voice
3. Mimecast Quote (1)
Summary: Council will consider approving the purchase of an email security solution. MimeCast, a leading email security vendor, is poised to provide a comprehensive suite of services, including email security, mailbox backup, DMARC for PCI compliance (which will become mandatory in 2025 for payment processing), and user awareness training on email security.
Background: The City of Ukiah's email communication is a vital part of its daily operations. Given the increasing cyber threats, it's paramount to have robust email security measures. The urgency for enhanced email security is underscored by the rising number of cyberattacks targeting local governments and public entities.
Ransomware attacks, where attackers encrypt essential data and demand ransoms for its release, have become particularly prevalent. Two incidents highlight the gravity of this threat:
1. Judson Independent School District in Texas: In 2021, the district was hit by a cyberattack that resulted in a ransom demand of $547,000. The breach affected over 400,000 individuals. Dr. Lacey Gosch, the assistant superintendent of technology for the district, emphasized the need for more support from state and federal agencies to help school systems combat such threats. Source (WPXI News Article). Please See Attachment #1 (JudsonSchoolDist.pdf) for the article.
2. Mendocino County Office of Education: In March 2023, the Mendocino County Office of Education reported a cyberattack. The details of the attack and its implications are still under investigation.
Source (Mendo Voice Article). Please see Attachment #2 (MendoVoice.pdf) for the article.
Considering the escalating threats and the severe consequences faced by other local governments, it's crucial for the City of Ukiah to invest in a comprehensive email security solution.
Discussion: Staff contacted multiple vendors and ultimately narrowed their choices down to Mimecast and Barracuda Networks after evaluating their offerings. Staff recommends Mimecast, (See Attachment #3 for a copy of their quote) as they are able to offer a more fully comprehensive email security suite and service, as Barracuda networks did not offer the DMARC monitoring and maintenance service provided by Mimecast. MimeCast offers a holistic solution tailored to the City's requirements, ensuring the safety and integrity of its digital communications. Their services ensure not only secure email communication but also mailbox backup, safeguarding data integrity and availability. The inclusion of DMARC for PCI compliance is a proactive measure, preparing the City for the 2025 regulations. Furthermore, user awareness training is
essential to equip the City's employees with the knowledge to recognize and counter potential email threats.
Without a dedicated Information Security position and personnel, this vendor provided service is essential.
Mimecast will also replace our current KnowBe4 product for handling targeted white-hat phishing campaigns for training purposes as this is included with Mimecast.
It is therefore Staff's recommendation to approve the purchase of Mimecast Email Security Suite, including installation and configuration from CompuNet in the amount of $58,779, and approve the corresponding budget amendment in the amount of 53,179 which accounts for the net after dropping the subscription for the existing service.
Recommended Action: Approve the purchase of Mimecast Email Security Suite including installation and configuration from CompuNet in the amount of $58,779, and approve of corresponding budget amendment.
BUDGET AMENDMENT REQUIRED: Yes
CURRENT BUDGET AMOUNT: 20900000.44260: $1,951,904; 20913900.54320: $648,321 PROPOSED BUDGET AMOUNT: 20900000.44260: $2,005,083; 20913900.54320: $701,500 FINANCING SOURCE: Indirect Cost Allocation (20900000.44260) PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: James Brown, IT Network Specialist; Mary Horger, Financial Services Manager DIVERSITY-EQUITY INITIATIVES (DEI):
CLIMATE INITIATIVES (CI):
GENERAL PLAN ELEMENTS (GP):
Congress examining ways to try to prevent
ransomware attacks and protect your
information
By Kirstin Garriss, CMG Washington News Bureau, WPXI.comOctober 05, 2023 at 6:33 pm EDT
NOW PLAYING ABOVE
Congress examining ways to try to prevent ransomware attacks and protect your information WASHINGTON D.C. — Ransomware attacks are more advanced and targeting schools, hospitals, financial services, and even local governments.
Now federal lawmakers are exploring ways to try to prevent these attacks. “The ransom note stated that all data on all devices and servers was encrypted including our backup systems,” said Dr. Lacey Gosch, assistant superintendent of technology for Judson Independent School District in Texas.
Dr. Gosch leads the technology department for a school district in Texas. During a recent congressional hearing, she told lawmakers that a 2021 cyberattack on the district cost them $547,000 in ransom. She added the breach also affected more than 400,000 people.
ATTACHMENT 1
Now she’s urging Congress to provide more support to help school systems facing these same threats.
“We learned that the calvary does not come and must rely on our own resources. No state or federal agency ever visited or offered recovery assistance to us,” said Dr. Gosch. “Insurance coverage was helpful but those go predominately to attorney fees, data mining and identity protection. It doesn’t cover ransom payments or costs for upgrades to mitigate that damage.” Cybersecurity experts warn ransomware attacks are also becoming more expensive. That’s because they say hackers are demanding money in exchange for agreeing to not sell or share the stolen information.
“The actors have increased access to technical capabilities, anonymous payment systems, and safe havens from which to operate,” said Grant Schneider, senior director of cybersecurity services at Venable, LLP.
Some democrats believe investments from the Bipartisan Infrastructure Law will help make a difference.
“Providing more than a billion dollars in vital investment to help both private and public entities who fall victim to cyberattacks,” said Rep. Gerald Connolly, (D) Virginia.
While some Republicans want to develop better ways for federal law enforcement agencies to collect and share information about these hackers and their attacks. “The bottom line is it’s too easy today for malicious actors to do too much damage and make too much money with too few consequences” said Rep. Nancy Mace, (R) South Carolina.
Some school leaders also want Congress to establish new standards for protecting social security numbers in all systems.
Download the FREE WPXI News app for breaking news alerts.
Follow Channel 11 News on Facebook and Twitter. | Watch WPXI NOW
Letter: Mendocino County Office of
Education investigating cyber attack
By Mendo Voice Staff | March 8, 2023
More
MENDOCINO Co., 3/8/23 — The Mendocino County Office of Education (MCOE) released the following statement on the evening of March 7, providing details about a network disruption resulting from a cyber attack. According to the press release, MCOE has launched an ongoing investigation and will provide more details when available. ““Our Information Technology staff continue to take an all-hands-on-deck approach to addressing abnormal network activity,” Mendocino County Superintendent of Schools Nicole Glentzer notes in the statement. “Our team is using the best tools available to monitor the situation 24/7 and triage support, prioritizing our districts, schools, students, and employees.” The full press release is included below:
Mendocino County Office of Education Victimized by Cyber Incident The Mendocino County Office of Education (MCOE) recently experienced a network disruption that is limiting access to certain portions of our network. We have notified law enforcement, Mendocino County local education agencies, and employees. We immediately formed a task force composed of cybersecurity specialists from our agency and the private and public sectors.
We are working around the clock with this task force to determine the scope of the incident and securely restore our network. Since our investigation is in its early stages, we are unable to provide specific information at this time. However, if our investigation determines either employee or student data is affected, we will notify individuals as quickly as possible. “Our Information Technology staff continue to take an all-hands-on-deck approach to addressing abnormal network activity,” Mendocino County Superintendent of Schools Nicole Glentzer commented. “Our team is using the best tools available to monitor the situation 24/7 and triage support, prioritizing our districts, schools, students, and employees.” ATTACHMENT 2
Mendocino County Office of Education is not the only education institution to experience an attack in recent history. The education sector has been a primary target of cybercriminals for years, and these attacks are increasing across the country.
Superintendent Glentzer notes, “This is an ongoing investigation so we cannot offer any additional information at this time. We will continue to seek solutions and inform the Mendocino County education community directly when we have public information to share.” March 7, 2023 press release from MCOE
385-232-3559
[email protected]
Quote #: KB220239
Mimecast Microsoft 365 Protection w/ Journal Archive & Analyzer Quote Information: Prepared for: Bill To: Ship To:
Quote #: KB220239 City of Ukiah City of Ukiah City of Ukiah Version: 2
Quote Date: 10/09/2023
Expiration Date: 10/30/2023
James Brown
(707) 463-6200
[email protected]
James Brown
300 Seminary Ave.
Ukiah, CA 95482
[email protected]
James Brown
300 Seminary Ave.
Ukiah, CA 95482
Mimecast
Manufacturer
Part Number
Product Description Quantity Price Ext. Price
M_M365-
PROTECTPLUS_250_A
Relentless protection for your Microsoft investment.
The Pro
300 $59.45 $17,835.00
M_A1_250_A Journal only archiving with no gateway services.
Mimecast North America, Inc. - M_A1_DA
300 $22.79 $6,837.00
M_DMA-T3__A DMARC Analyzer - T3 5 domains Mimecast North America, Inc. - M_DMA-T3__A
5 $1,238.39 $6,191.95
M_DMA-MST3__ADMARC Analyzer - Managed Service T3 5 domains Mimecast North America, Inc. - M_DMA-MS- T3__A
5 $3,009.28 $15,046.40
M_ADV-SP_A Advanced Support Mimecast North America, Inc. - M_ADV-SP_A
1 $7,666.26 $7,666.26
M_IMP_MGD_O
O
IMP - Managed Implementation Mimecast North
America, Inc. - M_IMP_MGD_OO
1 $0.00 $0.00
M_DMARCIMP_OODMARC Analyzer - Implementation Mimecast North America, Inc. - M_DMARC- IMP_OO
1 $0.00 $0.00
M_CUST-MNGMG_OOCustomer Managed Migration (Self Service) Mimecast North America, Inc. - M_CUST-MNG- MG_OO
1 $0.00 $0.00
M_ATIOS_OO Mimecast AT Mime|OS Implementation Mimecast
North America, Inc. - M_ATIOS_OO
1 $0.00 $0.00
M_AT1_OS_250_
A
Mimecast AT1 Mime|OS Mimecast North America,
Inc. - M_AT1_OS_250_A
300 $17.34 $5,202.00
Subtotal: $58,778.61
1 of 2 www.compunet.biz [email protected]
ATTACHMENT 3
Kaelah Brinkerhoff
Kaelah Brinkerhoff
385-232-3559
[email protected]
Quote #: KB220239
Quote Summary
Description Amount
Mimecast $58,778.61
Total: $58,778.61
Taxes, shipping, handling and other fees may apply. We reserve the right to cancel any order arising from pricing or other errors. If Customer is purchasing a subscription-based product, Customer agrees to pay all charges for the complete term of the subscription. By signing below or issuing a Purchase Order, Customer agrees to CompuNet's standard terms and conditions, which can be reviewed here, provided, that if Customer and CompuNet are parties to a currently effective Master Product Purchase and Services Agreement (MSA), the terms and conditions of such MSA shall control and shall supersede these standard terms and conditions. Your electronic signature, per the Electronic Signature Act, is considered equivalent to your signed and faxed signature, and allows you to accept and place your order. This Quote becomes binding and noncancelable upon Customer's return to CompuNet of acceptance. A copy of this acceptance and the attached proposal document will be sent to your email address to complete your order acceptance. You are NOT required to electronically sign your order, you may fax or email your signed proposal to your Account Executive.
City of Ukiah
Signature:
Name:
Title:
Date:
PO Number:
2 of 2 www.compunet.biz [email protected] Page 19 of 504
Agenda Item No: 8.b.
MEETING DATE/TIME: 11/15/2023
ITEM NO: 2023-3195
AGENDA SUMMARY REPORT
SUBJECT: Approve the Purchase of a Portable Concrete Mixer from Cart-Away Concrete Systems, Inc in the Amount of $71,514.32.
DEPARTMENT: Public Works PREPARED BY: Seth Strader, Administrative Analyst PRESENTER: Tim Eriksen, Public Works Director
ATTACHMENTS:
1. Request for Bid
2. Bid Tab
3. Itemized Quote
Summary: Council will consider approving the purchase a new portable concrete mixer from Cart-Away Concrete Systems, Inc in the amount of $71,514.32.
Background: Street Maintenance Staff use concrete to perform day to day maintenance activities such as pouring pads, water and sewer main repairs, minor concrete patching and replacement, repairing sidewalks as well as assisting other City departments with their maintenance activities. City staff estimate that the street department alone will use this piece of equipment on average (weather contingent) weekly and twice a week in the summer.
A portable concrete mixer will allow City Staff to tackle jobs more efficiently by mixing larger amounts of concrete quicker as well as saving costs by not having to hire a shortload of concrete delivered for jobs. A shortload typically costs $350.00 (material and delivery) for one yard of material. It will cost approximately $100.00 a yard (materials) for City staff to produce with this machine. More importantly than the cost savings is the ability to address failing infrastructure without the entanglements of scheduling delivery from a third party. This is the biggest issue impacting timely infrastructure maintenance.
Staff have identified a location at the Corp Yard for material storage as well as sheltering the mixer and concrete when not in use. Staff will also maintain a job log to track projects and usage. This will also provide evidence for effort of maintenance for related City infrastructure (i.e. sidewalks) reducing the City's liability. No additional equipment beyond the mixer and hopper is required to begin maintenance activities.
Equipping the staff with this machine would allow crews to schedule out repair projects and maintenance activities without having to work around a supplier's schedule. This machine is sized to meet 95% of jobs City staff aims to perform. It is Staff's intent to rapidly address failing concrete, which up to this point hasn’t had an efficient solution for repair.
Discussion: Staff requested quotes from vendors for a CMK-175 Cubic Yard MixKing Mixing Trailer and CLP200 LoadPro or equivalent. See Attachment 1 for a copy of the bid request and photos. Two bids were received. See Attachment 2 for a copy of the bid tabulation.
While Cart-Away’s proposed option is $1,088.53 more expensive, Staff determined that it is the superior tool for the job. The Fleet Maintenance Supervisor and Streets Supervisor noted the addition of disc brakes, nonchain driven concrete chute, and a Honda engine provides a more reliable and well-rounded machine.
Staff's budgetary estimate approved in the Fiscal Year 2023/2024 Capital Improvement Plan was $70,000. An internal transfer from the Streets Department maintenance supplies in the amount of $1,514.32 will be made to make up for the difference in the budget verse quote. No budget amendment is needed. See Attachment 3 for a copy of the itemized quote.
Recommended Action: Approve the purchase of a Portable Concrete Mixer from Cart-Away Concrete Systems, Inc in the amount of $71,514.32.
BUDGET AMENDMENT REQUIRED: No.
CURRENT BUDGET AMOUNT: 10024620.80100.TBD - $70,000.00
PROPOSED BUDGET AMOUNT: 10024620.80100.TBD - $71,514.32 (will be taken care of with an internal budget transfer)
FINANCING SOURCE: General Fund
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Dave Mendez, Buyer II; Dave Kirch, Fleet and Plant Maintenance Supervisor, Nick Kirby, Water/Sewer Streets Supervisor, Tim Eriksen, Public Works Director DIVERSITY-EQUITY INITIATIVES (DEI): N/A
CLIMATE INITIATIVES (CI): N/A
GENERAL PLAN ELEMENTS (GP):
GP-A3 - Mobility Element; GP-A4 - Public Facilities, Services, and Infrastructure Element
DATE: 7/12/2023
Bids may be emailed, faxed, or hand delivered, to the contact information listed REQ. NO. E40150 herein, and by the specified deadline, or the bid will be rejected.
BIDS WILL BE RECEIVED UNTIL
Submitted by: 1:30 p.m., JULY 17th , 2023
(Company Name AT THE OFFICE OF THE BUYER II
& Address) 1320 AIRPORT ROAD. CITY of UKIAH
BY: Dave Mendez
Email: [email protected]
BIDS ARE REQUESTED FOR THE FOLLOWING ITEMS:
QUANTITY LEAD TIME UNIT PRICE
1 1
1 PortaWash- On board water system (electric start engine included) An optional feature that adds water onto a concrete mixer 1 Concrete Discharge Chute
Includes all mounting hardware for a 4 foot chute used to asist in the discharging of wet concrete
1 Cone Holder
Cone Holding Stand for Traffic Safety Cones
1 Hour Meter - Gas
Digital Hour Meter for your gasoline engine. Great way to manage Maintenance of the engine
1 Optional 2-5/6" Bulldog Coupler
2-5/196" Bulldog Coupler to Replacethe Standard Pintle Ring 1 Disc Hydraulic Brakes - CMK
Keep the simplicity of Hydraulic Braes and remove the difficult maintenance of drum brakes. Add a disc brake option to your mixing trailer.
1 EVP
Enhanced Visability Package. Adds front LED marker lights, rear LED marker lights, LED brake lights, and conspicuity tape.
Great for added roadside visibility in day or night conditions.
AS PER SPECS ON E40150 OR EQUAL.
FOB TO: CITY OF UKIAH Tax (8.875 %):
1320 Airport Road, Ukiah Ca. 95482 Shipping:
TOTAL:
Payment Terms: N30
PORTABLE CEMENT MIXER AND ADDITIONAL OPTIONS
DESCRIPTION EXTENDED PRICE
REQUEST FOR BID
UKIAH, CALIFORNIA 95482
P: (707) 467-5774, F: (707) 313-3831
300 SEMINARY AVENUE
PAGE 1 OF 1
1.75 Yard Capacity• Honda Powered• Heavy Duty Gearbox•
GearSaver Hydraulic Operational Controls• Adjustable Tongue Height• Pintle Ring Coupler• 4-Wheel Hydraulic Surge Brakes• Black TandemFlex TPO Fenders• Powdercoated Standard BR
Green Frame with Light Grey Drum• 1 Year Warranty
Two Yard Free Flow Loading Hopper• Digital Water Meter• Coated Standard BR Green• 1 Year Warranty
ALL BIDS SHALL BE F.O.B. UKIAH, CA.
ATTACHMENT 1
1. LOCAL PREFERENCE: Local Vendors shall be given an allowance of five percent (5%), up to a maximum allowance of $2,500, on any bid for supplies, equipment and/or materials per Ukiah City Code Section 1522.D.4. A Local Vendor is defined as one which, 1) conducts business in an office or other business premises with a physical location in Mendocino County, 2) holds a valid business license issued by Mendocino County or one of the cities in Mendocino County for that business location, and 3) has conducted business in compliance with 1) and 2) for not less than six (6) months prior to requesting the preference. The City shall receive satisfactory proof that a business qualifies as a local vendor before it may receive the local preference. In the event that there is a tie bid, where one bidder is local, the other is not, and the bid is equal in price and quality, the award shall go to the Local Vendor.
2. Right is reserved to reject any and all bids.
3. Right is reserved to accept separate items unless specifically denied by bidder.
4. Right is reserved to reject a bid from any bidder who has previously failed to perform adequately for the City of Ukiah.
5. In CASE OF DEFAULT, the City of Ukiah may procure the items quoted on from other sources and hold the original bidder liable for any increased costs.
6. The price, terms, delivery point, and delivery date may individually or collectively be the basis of the awarding of the bid.
7. In submitting the bid, bidder agrees that the bid shall remain open and may not be revoked or withdrawn for 60 days from the bid due date, unless a different time period is specified in RFB.
8. Bidder agrees to perform according to its bid, if the City's acceptance is communicated to the bidder within the time specified in number 7 above.
TERMS:
SIGNATURE:
PRINT NAME:
DATE:
PHONE:
LEAD TIME ARO :
EMAIL:
ITEM # ITEM DESCRIPTION QTY
UNIT TOTAL UNIT TOTAL
PORTABLE CEMENT MIXER & ADDITIONAL
OPTIONS
1 1.75 YARD CAPACITY PORTABLE CEMENT
MIXER AS SPECIFICAITON E40150
1 1.00 $ 64,685.00 1.00 $ 63,204.89
SUBTOTAL $ 64,685.00 $ 63,204.89
TAX 5740.79375 $ 5,609.43
FREIGHT $ 2,700.00
GRAND TOTAL $ 70,425.79 $ 71,514.32
Bid Tabulation
E40150
Right MFG Systems Inc.
(GSA Advantage)
Cart-Away Concrete GSA #
(GS-30F-0003T)
ATTACHMENT 2
City of Ukiah
Quote created: January 31, 2023 Reference: 20230131-082622910 City of Ukiah
300 Seminary Avenue
Ukiah, CA 95482
United States
Dave Kirch
[email protected]
17074675793
Products & Services
GSA - CMK
• 1.75 Yard Capacity
• Honda Powered
• Heavy Duty Gearbox
• GearSaver Hydraulic Operational Controls
• Adjustable Tongue Height
• Pintle Ring Coupler
• 4-Wheel Hydraulic Surge Brakes
• Black TandemFlex TPO Fenders
• Powdercoated Standard BR Green Frame with Light Grey Drum • 1 Year Warranty
1 x $29,650.40
Comments
CURRENT LEAD TIME IS 10-12 WEEKS FROM RECEIPT OF DEPOSIT GSA# GS-30F-0003T
Scotty Crist - General Manager Cart-Away Concrete Systems, Inc.
Attachment 3 3
GSA - CLP
• Two Yard Free Flow Loading Hopper
• Digital Water Meter
• Coated Standard BR Green
• 1 Year Warranty
1 x $23,133.52
PortaWash- On board water system (electric start engine included) An optional feature that adds water onto a concrete mixer 1 x $3,159.70
Concrete Discharge Chute
Includes all mounting hardware for a 4-foot chute used to assist in the discharging of wet concrete from the mixing drum.
1 x $2,221.66
Cone Holder
Cone Holding Stand for Traffic Safety Cones
1 x $500.00
Hour Meter - Gas
Digital hour meter for your gasoline engine. Great way to manage maintenance of the engine.
1 x $40.00
Optional 2-5/16" Bulldog Coupler
2-5/16" Bulldog Coupler to Replace the Standard Pintle Ring 1 x $185.00
Disc Hydraulic Brakes - CMK
Keep the simplicity of hydraulic brakes and remove the difficult maintenance of drum brakes. Add a disc brake option to your mixing trailer. 1 x $3,500.00
EVP
Enhanced Visibility Package. Adds front LED marker lights, rear LED marker lights, LED brake lights, and conspicuity tape. Great for added roadside visibility in day or night conditions.
1 x $814.61
One-time subtotal $63,204.89
LTL Shipping to Ukiah, CA $2,700.00
Sales Tax $5,849.06
Total $71,753.95
Signature
Signature Date
Printed name
This quote expires on November 22, 2023
Questions? Contact me
Scotty Crist
General Manager
[email protected]
503-434-4444
Cart-Away Concrete Systems, Inc.
PO Box 13550, Salem, OR 97309 2490 Ewald Ave SE, Salem, OR 97302 USA
Purchase terms
Quotes Are Good For 14 Days Only
Cancellations After Receiving Deposit Will Be Subject To A 20% Administrative Fee
DEPOSITS AND FINAL PAYMENTS ARE RECEIVED BY EITHER WIRE TRANSFER OR ACH
INVOICE PAYMENT ONLY
QUOTED FREIGHT CHARGES ARE APPROXIMATE! ALL ORDERS WILL HAVE FREIGHT REQUOTED PRIOR TO SHIPPING
Agenda Item No: 8.c.
MEETING DATE/TIME: 11/15/2023
ITEM NO: 2023-3075
AGENDA SUMMARY REPORT
SUBJECT: Progress Report for HdL Companies Contract for Tax and Fee Administration Services for Transient Occupancy Tax.
DEPARTMENT: Finance PREPARED BY: Ginny Michel, Assistant Finance Director PRESENTER: Ginny Feth-Michel, Assistant Finance Director ATTACHMENTS:
1. Hinderliter, de Llamas and Associates (HDL) - TOT Audit 2122-218 - Contract - signed Summary: On April 6, 2022, Council authorized the City Manager to execute an agreement with HdL Companies (“HdL”) for audit and financial assistance services for the City’s Transient Occupancy Tax (TOT) revenue, with the potential provision of a one-year off-ramp for short term rentals if findings show it is not relevant to the City, and another off-ramp in the contract if the approach for customer service does not meet the City’s expectations. Council also directed Staff to report back annually as part of the budget process and present any related budget amendments for Council consideration. This report provides an update as directed by Council.
Background: In November 2006, the voters of the City of Ukiah passed Measure X, which raised the transient occupancy tax (TOT) in the city from 8% to 10%. City Council Resolution No. 2006-68 ("Resolution"), as amended August 28, 2006, specified that for the first two years after the increase goes into effect, 75% of the additional revenue produced by the tax increase would be spent on promotion of the City of Ukiah and its tourist industry, and 50% thereafter. The Resolution provides that the revenues expended for promotion of the City of Ukiah and its tourist industry shall be administered by the Greater Ukiah Chamber of Commerce, subject to an annual performance agreement with the City of Ukiah.
On July 21, 2022, the City contracted with HdL for TOT audit and financial assistance services. The former was a stated budget priority for the Finance Department and long overdue. The latter was proposed by HdL to enhance the timeliness, ease of collection, and overall accounting for TOT reporting and remittances by hotelers. The City found value in the proposition, which also included more effective accounting of short-term rentals.
The executed contract is attached as Attachment 1. Implementation was completed on April 3,2023, and included the launching of a City of Ukiah specific website (City of Ukiah TOT Processing Center:
https://ukiah.hdlgov.com/Home/Index/TOT).
Following this date, short-term lodging establishments, including vacation rentals, operating within the city limits, including short-term rentals ("STRs") offered on internet sites such as Airbnb and VRBO (collectively referred to as “lodging establishments”), complete monthly TOT returns online and remit payments directly to HdL through the online City of Ukiah TOT Processing Center. HdL also offers a mail in option for both the TOT return and payment to accommodate those businesses not wanting to use the online portal. Payments made through the online portal are charged a convenience fee of 2.9% or a minimum of $2 per transaction; ACH and E-check payments are charged $1.25 per transaction. Both fees are within industry standards. Through the end of August, 20% of remittances were paid with a credit card and 39% were paid with an E-check; the remaining payments were received by HdL via mail.
Below is a five-year historical summary of TOT collections:
Below is a summary of the number and types of properties remitting TOT:
Number and Type of Properties - October 2023
Hotels/Motels 13
STRs - At Transition 12
STRs - HdL Added 8
STRs in Discovery 10
STRs in Discovery represent STR properties that HdL has identified and sent correspondence to inquiring about their rental activity. These properties may or may not become TOT remitters, depending on the results of HdL's investigation. HdL remits TOT collected monthly along with detailed reports supporting the payment.
Finance staff also have access to a reporting site available to run reports for analysis.
Discussion: Audit Function: HdL conducts an audit on one-third of the city’s hotels each year, looking back three years. The first audit cycle starts in November 2023. Typically, an HdL audit turnaround from start to end takes 90 days. HdL has initiated the 2023 audit of 6 hotel properties. The audit communication letters were mailed on October 30, 2023 and the audit will begin in November. HdL does not typically include STRs in the audit process.
Short-Term Rentals: The HdL contract also includes the identification of non-reporting STRs within the city of Ukiah. HdL uses proprietary software to identify lodging establishments, including short-term rentals offered through internet sites, such as Airbnb, VRBO and other sites. As of the date of the report, HdL has identified eight new STRs that are currently remitting TOT and another 10 properties in discovery or pending a tax payer response.
Newly identified properties are estimated to generate $16,623 in additional revenue during the fiscal year ended June 30, 2024, that likely would have been missed.
Fiscal Impact: Budget amendments are required to reflect the increase in TOT revenue ($16,623 from newlyidentified STR properties) and the professional fees due to HdL in the amount of $8,412.
Recommended Action: Receive and file.
BUDGET AMENDMENT REQUIRED: Yes
CURRENT BUDGET AMOUNT: 10000000.41420: $1,294,207; 10000000.41430: $323,552; 10013400.52100: $20,000; 10113400.52100: $2,500
PROPOSED BUDGET AMOUNT: 10000000.41420: $1,307,506; 10000000.41430: $326,876; 10013400.52100:
$27,821; 10113400.5200: $3,091
FINANCING SOURCE: 100 Transient Occupancy Tax Revenues
PREVIOUS CONTRACT/PURCHASE ORDER NO.: 2223082
COORDINATED WITH: : Daniel Buffalo, Finance Director, Mary Horger, Financial Services Manager DIVERSITY-EQUITY INITIATIVES (DEI): N/A
CLIMATE INITIATIVES (CI): N/A
GENERAL PLAN ELEMENTS (GP): N/A
COU No. 2122-218
PAGE 1 OF 13
AGREEMENT FOR
PROFESSIONAL CONSULTING SERVICES
This Agreement, made and entered into this 21st day of July, 2022 (“Effective Date”), by and between CITY OF UKIAH, CALIFORNIA, hereinafter referred to as "City" and Hinderliter, de Llamas and Associates, a corporation, organized and in good standing under the laws of the state of California, hereinafter referred to as "Consultant".
RECITALS
This Agreement is predicated on the following facts:
a. City requires consulting services related to Transient Occupancy and Short-Term Rental Tax & Fee Audit and Administration Services.
b. Consultant represents that it has the qualifications, skills, experience and properly licensed to provide these services, and is willing to provide them according to the terms of this Agreement.
c. City and Consultant agree upon the Scope-of-Work and Work Schedule attached hereto as Attachment " 1", describing contract provisions for the project and setting forth the completion dates for the various services to be provided pursuant to this Agreement.
TERMS OF AGREEMENT
1.0 DESCRIPTION OF PROJECT
1.1 The Project is described in detail in the attached Scope-of-Work (Attachment 1).
2.0 SCOPE OF SERVICES
2.1 As set forth in Attachment 1.
2.2. Additional Services. Additional services, if any, shall only proceed upon written agreement between City and Consultant. The written Agreement shall be in the form of an Amendment to this Agreement.
3.0 CONDUCT OF WORK
3.1 Time of Completion. Consultant shall commence performance of services as required by the Scope-of-Work upon receipt of a Notice to Proceed from City and shall complete such services within three years from receipt of the Notice to Proceed. Consultant shall complete the work to the City's reasonable satisfaction, even if contract disputes arise or Consultant contends it is entitled to further compensation.
4.0 COMPENSATION FOR SERVICES
4.1 Basis for Compensation. For the performance of the professional services of this Agreement, Consultant shall be compensated on as described on Attachment 1.
4.2 Changes. Should changes in compensation be required because of changes to the Scope-of-Work of this Agreement, the parties shall agree in writing to any changes in ATTACHMENT 1
COU No. 2122-218
PAGE 2 OF 13
compensation. " Changes to the Scope-of-Work" means different activities than those described in Attachment 1 and not additional time to complete those activities than the parties anticipated on the date they entered this Agreement.
4.3 Sub-contractor Payment. The use of sub-consultants or other services to perform a portion of the work of this Agreement shall be approved by City prior to commencement of work. The cost of sub-consultants shall be included within guaranteed not-to-exceed amount set forth in Section 4.1.
4.4 Terms of Payment. Payment to Consultant for services rendered in accordance with this contract shall be based upon submission of monthly invoices for the work satisfactorily performed prior to the date of the invoice less any amount already paid to Consultant, which amounts shall be due and payable thirty ( 30) days after receipt by City. The invoices shall provide a description of each item of work performed, the time expended to perform each task, the fees charged for that task, and the direct expenses incurred and billed for. Invoices shall be accompanied by documentation sufficient to enable City to determine progress made and to support the expenses claimed.
5.0 ASSURANCES OF CONSULTANT
5.1 Independent Contractor. Consultant is an independent contractor and is solely responsible for its acts or omissions. Consultant ( including its agents, servants, and employees) is not the City's agent, employee, or representative for any purpose.
It is the express intention of the parties hereto that Consultant is an independent contractor and not an employee, joint venturer, or partner of City for any purpose whatsoever. City shall have no right to, and shall not control the manner or prescribe the method of accomplishing those services contracted to and performed by Consultant under this Agreement, and the general public and all governmental agencies regulating such activity shall be so informed.
Those provisions of this Agreement that reserve ultimate authority in City have been inserted solely to achieve compliance with federal and state laws, rules, regulations, and interpretations thereof. No such provisions and no other provisions of this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Consultant and City.
Consultant shall pay all estimated and actual federal and state income and selfemployment taxes that are due the state and federal government and shall furnish and pay worker's compensation insurance, unemployment insurance and any other benefits required by law for himself and his employees, if any. Consultant agrees to indemnify and hold City and its officers, agents and employees harmless from and against any claims or demands by federal, state or local government agencies for any such taxes or benefits due but not paid by Consultant, including the legal costs associated with defending against any audit, claim, demand or law suit.
Consultant warrants and represents that it is a properly licensed professional or professional organization with a substantial investment in its business and that it maintains its own offices and staff which it will use in performing under this Agreement.
5.2 Conflict of Interest. Consultant understands that its professional responsibility is solely to City. Consultant has no interest and will not acquire any direct or indirect interest that would conflict with its performance of the Agreement. Consultant shall not in the
COU No. 2122-218
PAGE 3 OF 13
performance of this Agreement employ a person having such an interest. If the City Manager determines that the Consultant has a disclosure obligation under the City’s local conflict of interest code, the Consultant shall file the required disclosure form with the City Clerk within 10 days of being notified of the City Manager’s determination.
6.0 INDEMNIFICATION
6.1 Insurance Liability. Without limiting Consultant's obligations arising under Paragraph 6.2 Consultant shall not begin work under this Agreement until it procures and maintains for the full period of time allowed by law, surviving the termination of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with its performance under this Agreement.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office ("ISO) Commercial General Liability Coverage Form No. CG 20 10 10 01 and Commercial General Liability Coverage – Completed Operations Form No. CG 20 37 10 01.
2. ISO Form No. CA 0001 (Ed. 1/87) covering Automobile Liability, Code 1 any auto" or Code 8, 9 if no owned autos and endorsement CA 0025.
3. Worker's Compensation Insurance as required by the Labor Code of the State of California and Employers Liability Insurance.
4. Errors and Omissions liability insurance appropriate to the consultant’s profession. Architects’ and engineers’ coverage is to be endorsed to include contractual liability.
B. Minimum Limits of Insurance
Consultant shall maintain limits no less than:
1. General Liability: $ 1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage including operations, products and completed operations. If Commercial General Liability Insurance or other form with a general aggregate limit is used, the general aggregate limit shall apply separately to the work performed under this Agreement, or the aggregate limit shall be twice the prescribed per occurrence limit.
2. Automobile Liability: $ 1,000,000 combined single limit per accident for bodily injury and property damage.
3. Worker's Compensation and Employers Liability: Worker's compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident.
4. Errors and Omissions liability: $1,000,000 per occurrence.
COU No. 2122-218
PAGE 4 OF 13
C. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects to the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
D. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
1. General Liability and Automobile Liability Coverages a. The City, it officers, officials, employees and volunteers are to be covered as additional insureds as respects; liability arising out of activities performed by or on behalf of the Consultant, products and completed operations of the Consultant, premises owned, occupied or used by the Consultant, or automobiles owned, hired or borrowed by the Consultant for the full period of time allowed by law, surviving the termination of this Agreement. The coverage shall contain no special limitations on the scope-of-protection afforded to the City, its officers, officials, employees or volunteers. b. The Consultant's insurance coverage shall be primary insurance as respects to the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be in excess of the Consultant' s insurance and shall not contribute with it.
c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers.
d. The Consultant' s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
2. Worker's Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from Consultant's performance of the work, pursuant to this Agreement.
3. Professional Liability Coverage
If written on a claims-made basis, the retroactivity date shall be the effective date of this Agreement. The policy period shall extend one year from date of final approved invoice for the scope of services.
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4. All Coverages
Each Insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City.
E. Acceptability of Insurers
Insurance is to be placed with admitted California insurers with an A.M. Best's rating of no less than A- for financial strength, AA for long-term credit rating and AMB-1 for short-term credit rating.
F. Verification of Coverage
Consultant shall furnish the City with Certificates of Insurance and with original Endorsements effecting coverage required by this Agreement. The Certificates and Endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The Certificates and Endorsements are to be on forms provided or approved by the City. Where by statute, the City's Workers' Compensation - related forms cannot be used, equivalent forms approved by the Insurance Commissioner are to be substituted.
All Certificates and Endorsements are to be received and approved by the City before Consultant begins the work of this Agreement. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. If Consultant fails to provide the coverages required herein, the City shall have the right, but not the obligation, to purchase any or all of them. In that event, the cost of insurance becomes part of the compensation due the contractor after notice to Consultant that City has paid the premium.
G. Subcontractors
Consultant shall include all subcontractors or sub-consultants as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor or sub-consultant. All coverage for sub-contractors or sub-consultants shall be subject to all insurance requirements set forth in this Paragraph 6.1.
6.2 Indemnification. Notwithstanding the foregoing insurance requirements, and in addition thereto, Consultant agrees, for the full period of time allowed by law, surviving the termination of this Agreement, to indemnify the City for any claim, cost or liability that arises out of, or pertains to, or relates to any negligent act or omission or the willful misconduct of Consultant in the performance of services under this contract by Consultant, but this indemnity does not apply to liability for damages for death or bodily injury to persons, injury to property, or other loss, arising from the sole negligence, willful misconduct or defects in design by the City, or arising from the active negligence of the City.
Indemnify,” as used herein includes the expenses of defending against a claim and the payment of any settlement or judgment arising out of the claim. Defense costs include all costs associated with defending the claim, including, but not limited to, the fees of
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attorneys, investigators, consultants, experts and expert witnesses, and litigation expenses.
References in this paragraph to City or Consultant, include their officers, employees, agents, and subcontractors.
In no event will Consultant be liable for any lost revenues or lost profits, or any special, incidental, or consequential damages of any nature. Consultant’s duty to indemnify and hold harmless CITY shall not apply to claims for liability which arise from the issuance or non-issuance of any registration, license or permit.
7.0 CONTRACT PROVISIONS
7.1 Ownership of Work. All documents furnished to Consultant by City and all documents or reports and supportive data prepared and completed by Consultant under this Agreement are owned and become the property of the City upon their receipt by City.
Such deliverables shall be given to City immediately upon demand and at the completion of Consultant's services at no additional cost to City. Deliverables are identified in the Scope-of-Work, Attachment 1. All documents produced by Consultant shall be furnished to City in digital format. Consultant shall produce the digital format, using software and media approved by City.
7.2 Confidentiality; Software Use and Warranty; Records. Consultant will comply with the requirements of the applicable laws, ordinances and/ or regulations concerning the confidentiality of tax records.
As used herein, the term “Software” means Consultant’ s (i) software, computer, or data processing programs; ( ii) data processing means applications, routines, subroutines, techniques or systems; ( iii) desktop or web-based software; ( iv) audit, tax or fee collection/administration or business processes, methods or routines; ( v) marketing plans, analyses and strategies; and ( vi) materials, techniques and intellectual property used. Except as otherwise required by law, Client must hold in confidence and may not use (except as expressly authorized by this Agreement) or disclose to any other party any Software. The terms of this section 7.2 do not apply to any information that is public information.
Consultant hereby provides a limited, non-exclusive, non-transferable license to Client for the use by such of Client’s staff as may be designated from time to time by Client and approved by Consultant in writing to use the Software pursuant to and during the Term of this Agreement. The Software must only be used by such authorized Client staff, and Client must not sublicense, sublet, duplicate, modify, decompile, reverse engineer, disassemble, or attempt to derive the source code of the Software. The license granted hereunder does not imply ownership by Client or any of Client’s staff of the Software nor any rights of Client or any of Client’s staff to sublicense, transfer or sell the Software, or rights to use the Software for the benefit of others. Client may not create (or allow the creation of) any derivative work or product based on or derived from the Software or documentation, nor modify (or allow the modification of) the Software or documentation without the prior written consent of Consultant. In the event of a breach of this provision and without limiting Consultant’ s remedies), such modification, derivative work or product based on the Software or documentation is hereby deemed assigned to Consultant. Upon termination of this Agreement or this Software license, this Software license will be deemed to have expired and Client must immediately deactivate, cease
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using and remove, delete and destroy all the Software (including, without limitation, from Client’s computers and network). Consultant warrants that the Software will perform in accordance with the Software’ s documentation.
All documents, preliminary drafts, communications and any and all other work product related to the Services and provided by Consultant to Client either in hard copy or electronically ( collectively “ Documents”) shall constitute a work made for hire, as that term is defined in section 101 of Title 17 of the United States Code (the Copyright Act).
A. Assignment Of Copyrights. If all or part of any Document is, for any reason, deemed not to be a work made for hire, Consultant agrees to execute all documents necessary to transfer to Client the ownership of any and all rights, including but not limited to copyrights, that Consultant may have in the Documents.
B. Waiver Of Moral Rights. To the extent that Consultant has any moral rights (droit moral) or similar rights in the Documents under the law of any jurisdiction, Consultant expressly waives those rights. Consultant waives any right to have the Documents attributed to Consultant or to prevent the Documents from being modified, edited, transformed, or otherwise adapted as CLIENT may deem necessary.
C. Ownership Of Documents. CLIENT will own the exclusive rights to and in the Documents, including, but not limited to, all United States and International copyrights and other intellectual property rights. In the event that this Agreement is terminated, CLIENT will own the exclusive rights including, but not limited to, all United States and International copyrights and other intellectual property rights, in the portion of the Documents actually completed.
Subsections A-C do not include the Software or any other software, any programs, any methodologies or any systems used in the creation of such work product, nor does it include any drafts, notes or internal communications prepared by Consultant in the course of performing the Services that were not otherwise provided to Client in either hardcopy or electronic form, all of which may be protected by Consultant or third party copyrights or other intellectual property and remain Consultant’ s or such third parties’ exclusive property ( as the case may be). Client will endeavor to provide Consultant, if any documents, drafts, communications or other work product provided to Client is subject to a request to the Client to produce the record under the California Public Records Act or in the course of responding to discovery in litigation. Prior to disclosing the record, Client will notify Consultant of any decision it makes to disclose any such records. Consultant may take any action legally available, if it disagrees with the Client’s decision as soon as the decision is made.
Subject to applicable law, Consultant is responsible for retaining all final documents and other final work product related to the Services for a period of not less than three ( 3) years from the date provided to Client. Retention of any other documents, preliminary drafts, communications and any and all other work product provided to Client by Consultant is the responsibility of Client. Consultant has no responsibility to retain any drafts, notes, communications, emails or other writings created or received by Client in the course of performing the Services ( other than the final documents and other final work product related to the Services and provided to Client for the term of years referenced above).
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7.3 Governing Law. Consultant shall comply with the laws and regulations of the United States, the State of California, and all local governments having jurisdiction over this Agreement. The interpretation and enforcement of this Agreement shall be governed by California law and any action arising under or in connection with this Agreement must be filed in a Court of competent jurisdiction in Mendocino County.
7.4 Entire Agreement. This Agreement plus its Attachment( s) and executed Amendments set forth the entire understanding between the parties.
7.5 Severability. If any term of this Agreement is held invalid by a court of competent jurisdiction, the remainder of this Agreement shall remain in effect.
7.6 Modification. No modification of this Agreement is valid unless made with the agreement of both parties in writing.
7.7 Assignment. Consultant's services are considered unique and personal. Consultant shall not assign, transfer, or sub-contract its interest or obligation under all or any portion of this Agreement without City's prior written consent.
7.8 Waiver. No waiver of a breach of any covenant, term, or condition of this Agreement shall be a waiver of any other or subsequent breach of the same or any other covenant, term or condition or a waiver of the covenant, term or condition itself.
7.9 Termination. This Agreement may only be terminated by either party: 1) for breach of the Agreement; 2) because funds are no longer available to pay Consultant for services provided under this Agreement; or 3) City has abandoned and does not wish to complete the project for which Consultant was retained. A party shall notify the other party of any alleged breach of the Agreement and of the action required to cure the breach. If the breaching party fails to cure the breach within the time specified in the notice, the contract shall be terminated as of that time. If terminated for lack of funds or abandonment of the project, the contract shall terminate on the date notice of termination is given to Consultant. City shall pay the Consultant only for services performed and expenses incurred as of the effective termination date. In such event, as a condition to payment, Consultant shall provide to City all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by the Consultant under this Agreement. Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder, subject to off-set for any direct or consequential damages City may incur as a result of Consultant's breach of contract.
7.10 Execution of Agreement. This Agreement may be executed in duplicate originals, each bearing the original signature of the parties. Alternatively, this Agreement may be executed and delivered by facsimile or other electronic transmission, and in more than one counterpart, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. When executed using either alternative, the executed agreement shall be deemed an original admissible as evidence in any administrative or judicial proceeding to prove the terms and content of this Agreement.
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8.0 NOTICES
Any notice given under this Agreement shall be in writing and deemed given when personally delivered or deposited in the mail ( certified or registered) addressed to the parties as follows:
CITY OF UKIAH HINDERLITER DE LLAMAS & ASSOCIATES ( HdL) DEPT. OF FINANCE ATTN: GEORGE BONNIN
300 SEMINARY AVENUE 120 S. STATE COLLEGE BLVD, SUITE 200 UKIAH, CALIFORNIA 95482-5400 BREA, CA 92821
9.0 SIGNATURES
IN WITNESS WHEREOF, the parties have executed this Agreement the Effective Date:
CONSULTANT
BY: ______________________________________________
Date
PRINT NAME: _________________
IRS IDN Number
CITYOFUKIAH
BY:____________________
SAGE SANGIACOMO Date
CITYMANAGER
ATTEST
KRISTINE LAWLER Date
CITY CLERK
Robert Gray, CIO
9/15/2022
330008507
Oct 7, 2022
Kristine Lawler (Oct 11, 2022 07:48 PDT)
Kristine Lawler Oct 11, 2022
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Attachment 1
Transient Occupancy Tax Scope of Services
Consultant will provide the following Services relative to Client’s transient occupancy tax administration.
1. Operations Management Services
1.1. Establish and maintain database of Client lodging providers.
1.2. Receive and process registrations, tax returns and payments in a timely fashion.
1.3. Provide lodging providers multiple options for submitting registrations, tax returns, payments, or support requests ( including via website, email, mail, phone, and fax.
Consultant tax specialists will be available for live interactions Monday through Friday, 8:00am to 5:00pm Pacific).
1.4. Remit revenue to Client no less than monthly.
1.5. Provide Client staff access to website portal offering lodging provider registry inquiry and reporting capabilities.
1.6. Endeavor to ensure accurate filings of returns by consistently monitoring returns, providing compliance audits, and educating lodging providers as mutually agreed to by Client and Consultant.
1.7. Provide analysis reports monthly and annually provide revenue trends and key insights on Client lodging providers.
2. Online Payment Processing – Consultant’ s services include PCI compliant payment processing services powered by FIS Global, which supports both credit card and eCheck transactions.
2.1. Client Responsibilities
2.1.1. As a condition to its receipt of the Service, Client shall execute and deliver any and all applications, agreements, certifications or other documents required by FIS Global, Networks or other third parties whose consent or approval is necessary for the processing of Transactions by FIS Global. “Network” is an entity or association that operates, under a common service mark, a system which permits participants to authorize, route, and settle Transactions among themselves, including, for example, networks operated by VISA USA and Mastercard, Inc., NYCE Corporation, American Express, and Discover.
2.1.2. Client hereby grants Consultant the full right, power and authority to request, receive and review any Data or records reflected in a Transaction report. Client represents and warrants that it has the full right and authority to grant these rights.
Transient Occupancy Tax Fees
3. Operations Management Services
3.1. Fees for performing operations management Services shall be as follows:
3 year pricing shall be as follows
750.00 per year for each quarterly filing property, and $850.00 per year for each monthly filing property + CPI
3.2. Fees will be increased as of January 1st of each calendar year with reference to the 12- month percent change in the most recently published annual Consumer Price Index for All Urban Consumers (CPI-U), West Region, as reported by the U.S. Bureau of Labor
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Statistics ( the “ CPI Change”). Each annual increase in the Fees will be equal to the greater of two percent ( 2%) or the actual CPI Change and the lesser of ten percent 10%) or the actual CPI Change. For example, if the actual CPI Change is 1.5%, then the annual increase will be 2%, if the actual CPI Change is 3.5%, then the annual increase will be 3.5%, and if the actual CPI Change is 12%, then the annual increase will be 10%.
3.3. Fees related to travel and lodging expenses are billed at cost and apply to all meetings including implementation, training, operations and support).
3.4. Fees will be invoiced monthly to Client for Services performed during the prior month.
Fees will be netted out of Client’s monthly revenue disbursement. Client will submit payment for any balance due to Consultant within 30 days of receiving the invoice.
4. Payment Processing – Consultant will configure payment processing services to utilize either a taxpayer funded model ( convenience fee) or Client funded model, as directed by Client. Client may switch between these models upon written request to Consultant. Fees for each of these payment processing models are detailed here.
4.1. Taxpayer funded model – Client authorizes Consultant to collect each convenience fee from the taxpayer at time of payment.
4.1.1. Credit and debit card processing – 2.9% of transaction amount, minimum of
2.00 4.1.2. ACH/eCheck processing - $1.25 per transaction
4.2. Client funded
4.2.1. Credit and debit card processing – 2.9% of transaction amount
4.2.2. ACH/eCheck processing - $0.50 per transaction
4.3. Returned payments/NSF fee – Each occurrence of a card chargeback, returned payment or insufficient funds will incur a fee of $25.00, to be applied to the taxpayers account.
4.4. Consultant reserves the right to review and adjust pricing related to payment processing services on an annual basis. Consultant will communicate any such adjustment to Client in writing, with 60 days advance notice. Items that will be considered in the review of fees may include, but are not limited to: regulatory changes, card association rate adjustments, card association category changes, bank/processor dues and assessments, average consumer payment amounts, card type utilization, and costs of service.
Short Term Rental Scope of Services
Consultant will provide the following Services relative to Client’s short-term rentals transient occupancy tax administration.
5. Identification and Monitoring
5.1. Monitor short-term rental sites to identify new listings and closures.
5.2. Match listings to specific parcels using GIS and property tax assessor data.
5.3. Identify properties which are already registered and paying taxes.
5.4. Provide a visual map of listing locations in Client’s jurisdiction.
5.5. Record listing details ( including start date, sites linked to, and other information necessary for documenting evidence of short-term rental activity).
6. Education, Registration, and Compliance
6.1. Notify non-compliant lodging providers of their status and any actions necessary to become compliant.
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6.2. Provide short-term rentals website with links to FAQs, education packets, and support for registering, filing returns, and making payments.
6.3. Follow-up with non-compliant entities and assist as needed to obtain compliance.
6.4. Work with Client to identify additional requirements and ensure collection of data necessary for enforcement procedures.
7. Online Payment Processing – Consultant’ s services include PCI compliant payment processing services powered by FIS Global, which supports both credit card and eCheck transactions.
7.1. Client Responsibilities
7.1.1. As a condition to its receipt of the Service, Client shall execute and deliver any and all applications, agreements, certifications or other documents required by FIS Global, Networks or other third parties whose consent or approval is necessary for the processing of Transactions by FIS Global. “Network” is an entity or association that operates, under a common service mark, a system which permits participants to authorize, route, and settle Transactions among themselves, including, for example, networks operated by VISA USA and Mastercard, Inc., NYCE Corporation, American Express, and Discover.
7.1.2. Client hereby grants Consultant the full right, power and authority to request, receive and review any Data or records reflected in a Transaction report. Client represents and warrants that it has the full right and authority to grant these rights.
Short Term Rental Fees
8. Short Term Rental Discovery and Compliance Services
8.1. Fees for performing discovery and compliance services shall be as follows:
3 year pricing - Short Term Rental Discovery and Compliance – 50% of all recovered Revenue with a minimum of $1,900.00 annually + CPI
8.2. Travel and lodging expenses are billed at cost and apply to all meetings ( including implementation, training, operations and support). Travel expenses only apply to out of scope travel and must therefore be pre-approved by Client.
8.3. Fees will be invoiced monthly to Client for Services performed during the prior month.
Fees will be netted out of Client’s monthly revenue disbursement. Client will submit payment for any balance due to Consultant within 30 days of receiving the invoice.
9. Payment Processing – Consultant will configure payment processing services to utilize either a taxpayer funded model ( convenience fee) or Client funded model, as directed by Client. Client may switch between these models upon written request to Consultant. Fees for each of these payment processing models are detailed here.
9.1. Taxpayer funded model – Client authorizes Consultant to collect each convenience fee from the taxpayer at time of payment.
9.1.1. Credit and debit card processing – 2.9% of transaction amount, minimum of
2.00 9.1.2. ACH/eCheck processing - $1.25 per transaction
9.2. Client funded
9.2.1. Credit and debit card processing – 2.9% of transaction amount
9.2.2. ACH/eCheck processing - $0.50 per transaction
9.3. Returned payments/NSF fee – Each occurrence of a card chargeback, returned payment or insufficient funds will incur a fee of $25.00, to be applied to the taxpayers account.
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9.4. Consultant reserves the right to review and adjust pricing related to payment processing services on an annual basis. Consultant will communicate any such adjustment to Client in writing, with 60 days advance notice. Items that will be considered in the review of fees may include, but are not limited to: regulatory changes, card association rate adjustments, card association category changes, bank/processor dues and assessments, average consumer payment amounts, card type utilization, and costs of service.
Agenda Item No: 12.a.
MEETING DATE/TIME: 11/15/2023
ITEM NO: 2023-3183
AGENDA SUMMARY REPORT
SUBJECT: Conduct a Public Hearing to Receive Public Comment, Discuss Final Grantee Performance Under State Community Development Block Grant 20-CDBG-CV-2-3-00069, Adopt 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.
DEPARTMENT: Community
Development PREPARED BY: Jim Robbins, Housing and Grants Manager PRESENTER: Jim Robbins, Housing and Grants Manager
ATTACHMENTS:
1. Resolutions 2021-03 & 2021-05
2. Standard Agreement 20-CDBG-CV-2-3-00069
3. Draft Resolution Closeout 20-CDBG-2-3-00069
Summary: Council is requested to conduct a public hearing to receive a report from Staff on performance and accomplishments from State Community Development Block Grant #20-CDBG-CV-2-3-00069; receive public comment related to the City's performance on this grant program; and adopt a Resolution acknowledging program accomplishments and confirming activity completion.
Background: On February 3, 2021, the Ukiah City Council adopted Resolution No. 2021-03 authorizing the submittal of a State Community Development Block Grant (CDBG) application in response to the 2020 CDBG CARES Act Round 2 and 3 Notice of Funding Availability (NOFA) issued by the State Department of Housing and Community Development (HCD). On the same date, Council adopted Resolution No. 2021-05 adopting the City’s CDBG-CV Subsistence Payment Program Guidelines in the event that the CDBG grant was awarded. Copies of both Resolutions are contained in Attachment 1.
The City was awarded $223,009 in State CDBG funds and executed Standard Agreement 20-CDBG-CV-2-3- 00069 (Attachment 2) on October 8, 2021. Funds were awarded for a new City of Ukiah "Subsistence Payments Program."
The goal of the Subsistence Payments Program was to assist at least 100 low- and moderate-income (LMI) individuals who were in arrears on making payments towards utility bills due to the COVID-19 pandemic, and to prevent cutoff of utility service for these individuals. CDBG-funded subsistence payments were intended to be used to assist LMI families and households struggling with economic impacts from the COVID-19 pandemic, supporting public health mandates and helping to stabilize the community at large. Subsistence payments were capped at $1,000 per household, with an additional $50 per child within the household.
Payments could be made for eligible costs incurred after January 21, 2020, and through the performance period of the CDBG-CV-2-3 award, but could not exceed 90 days of utility assistance for payments in arrears and to prevent the shutoff of utility service(s). Household eligibility, including income eligibility, has been documented and will be retained on file by the City for a minimum of three years after the close of the CDBGCV-2-3 program.
Discussion: Report on Performance and Accomplishments
The City assisted 108 households through the program, exceeding its original goal of 100 households but falling short of full expenditure of awarded funds, during the Subsistence Payments Program's operational period of December 2021 to August 2023. Two external factors contributed to the program not being able to expend all $200,000 of its Activity funds: 1) the Program was funded a full year after the COVID-19 vaccines became available; and 2) the Program launched at the same time as the local rollout of the California Arrearage Payment Program (CAPP).
CAPP required little work on the part of qualified residential customers to receive assistance funding, whereas the Subsistence Payment Program’s guidelines required applicants to submit an application form and other documentation as part of a modified HUD Part V Income Certification process. Nonetheless, the rollout and implementation of the CDBG Subsistence Payments Program were smooth and effective due to significant effort and competence on the part of the Utility Billing and Customer Service Division as well as seamless coordination between Utility Billing and the Community Development Department.
The total amount of 20-CDBG-CV-2-3-00069 Activity funds allocated to the program was $200,000. The final Activity expense total was $83,434.54, representing an expenditure rate of 42% of available grant Activity funds. The total amount of General Administration funds allocated to the program was $23,009. The final General Administration expense total was $22,805.33, which was 99% of available General Administration funds. No City of Ukiah CDBG Program Income funds were used for this program.
Staff recommends Council receive this report, conduct a public hearing to receive public comment on the City’s performance related to 20-CDBG-CV-2-3-00069, and adopt a Resolution (Attachment 3) acknowledging accomplishments, confirming activity completion, and confirming receipt of all grant reimbursement funds from the State.
Recommended Action: 1) Receive report from Staff on final performance related to State Community Development Block Grant 20-CDBG-CV-2-3-00069; 2) Conduct a public hearing to receive public comment; 3) Adopt a Resolution acknowledging accomplishments, confirming activity completion, and confirming receipt of all 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: $223,009
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: State HCD CDBG grant
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Diana Ramos, CSR Team Leader, Utility Billing and Customer Service Division DIVERSITY-EQUITY INITIATIVES (DEI): Goal 4 – Identify and actively engage underrepresented communities in which to retain, expand, develop, and implement programs.
CLIMATE INITIATIVES (CI): N/A
GENERAL PLAN ELEMENTS (GP): GP-A4 - Public Facilities, Services, and Infrastructure Element; GP-A8 - Housing Element (2019-2027)
Attachment 1
Attachment 2
10/8/2021
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF FEDERAL FINANCIAL ASSISTANCE
2020 W. El Camino Avenue, Suite 200, 95833
P.O. Box 952054
Sacramento, CA 94252-2054
(916) 263-2771
www.hcd.ca.gov
Sage Sangiacomo,City Manager
City of Ukiah
300 Seminary Avenue
Ukiah, CA 95482
Dear Sage Sangiacomo
RE: City of Ukiah
Contract No.: 20-CDBG-CV2-3-00069/ CFDA # 21.019
Congratulations on your Community Development Block Grant Program-Coronavirus, Aid Relief, Economic Security Act (CDBG-CV) Award. You have received your CDBG-CV2-3 Standard Agreement, Exhibits A through E, in the Grants Network System:
A. Standard Agreement (STD 213 and Exhibits A thru E)
STD 213 - Cover page
Exhibit A - Authority, Purpose, and Scope of Work
Exhibit B - Budget Detail and Payment Provisions
Exhibit C - State of California General Terms and Conditions - GTC 04/2017 Exhibit C is now incorporated by reference; please see the STD 213 for additional information.
Exhibit D – CDBG-CV2/3 Program Terms and Conditions
Exhibit E – Program Application
B. For expeditious handling, please review the STD 213, sign and upload it into the Grants Network System. Do not mail or email the signed STD 213. Please follow the instructions below:
1. Review the entire Standard Agreement thoroughly and, if necessary, discuss the requirements with your legal and financial advisors.
August 26, 2021
City of Ukiah
20-CDBG-CV2-3-00069
2. The person or persons authorized by the Resolution(s), must provide an original signature, printed name, title and date, using blue ink, on the lower lefthand section entitled "Contractor" on the STD 213 and/or on page 2 of the STD 213, if applicable.
3. Print and upload the signed STD 213 into the Grants Network System within 30 days from the date of this letter.
4. Note: If the resolution did not authorize a designated official to sign the STD 213 and amendments thereto, your governing body must adopt a resolution authorizing a designated official(s) to sign the STD 213 and any subsequent amendments. If the authorized designee as reflected in the resolution, the awarded NOFA amount or your entity status has changed, you are required to provide, to the Department, a new resolution consistent with the terms of the NOFA award and adopted by your Board.
5. Maintain a complete electronic version of the STD 213 and Exhibits A through E for your pending file. Note: The Standard Agreement is not effective until it is signed by the Awardee's designated official and the Department.
The Department reserves the right to cancel any pending Standard Agreement in its entirety if not returned within the required 30-day period.
Please contact Roxann Kuhnert, CDBG Program Manager, Federal Programs Branch, at (916) 263-6468 or email [email protected], if you have any questions regarding the Standard Agreement or the provisions therein.
Sincerely,
Contracts Analyst
Enclosure(s)
City of Ukiah
20-CDBG-CV2/3-00069
EXHIBIT A
Program Name: Community Development Block Grant Coronavirus Response (CDBG-CV2/3) NOFA Date: 12/18/2020
Approved Date: 7/8/2021
Prep. Date: 08/11/2021
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 new federal funding for Community Development Block Grant Program for non-entitlement jurisdictions, tranches 2 and 3 (hereinafter, "CDBG-CV" or the “Program") by the Department of Housing and Community Development (hereinafter the "Department") pursuant to the Coronavirus Aid, Relief, and Economic Security (CARES) Act (Public Law No: 116-136), and 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., the California State CDBG Program Guidelines in effect as of October 15, 2019, and, all as may be amended from time to time. 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 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
City of Ukiah
20-CDBG-CV2/3-00069
EXHIBIT A
Program Name: Community Development Block Grant Coronavirus Response (CDBG-CV2/3) NOFA Date: 12/18/2020
Approved Date: 7/8/2021
Prep. Date: 08/11/2021
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-CV requirements. The Department 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, and 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:
• An activity that benefits low- and moderate-income (LMI) persons • An activity designed to meet community development needs having a particular urgency. The activity must be designed to alleviate existing conditions which pose a serious and immediate threat to the health or welfare of the community which are of recent origin or which recently became urgent, and the recipient must demonstrate inability to finance the activity on its own and that other sources of funding are not available. • An activity that aids in the prevention or elimination of slums or blight
3. Duplication of Benefits (DOB)
Pursuant to the Coronavirus Aid, Relief, and Economic Security (CARES) Act (Public Law No: 116-136) and described in FR-6218-N-01, the CDBG-CV Federal Register Notice, Section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), as amended by section 1210 of the Disaster Recovery Reform Act (DRRA) of 2018, 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.
City of Ukiah
20-CDBG-CV2/3-00069
EXHIBIT A
Program Name: Community Development Block Grant Coronavirus Response (CDBG-CV2/3) NOFA Date: 12/18/2020
Approved Date: 7/8/2021
Prep. Date: 08/11/2021
Grantees must have on file with the Department duplication of benefits policies and procedures that include recapture requirements and processes. Grantees must report to the Department on DOB throughout the Agreement Term. DOB must be tracked at both the programmatic level and at the client service level. The Grantee must collect affidavits from program participants agreeing to repay any portion of proceeds determined to be a duplication of benefits, with such proceeds to be returned to the Grantee a and Grantee must re-capture funds from households that have received a DOB. The Department will recapture funds from Grantees with DOB(s).
Warning: Any person who knowingly makes a false claim or statement to HUD may be subject to civil or criminal penalties under 18 U.S.C. 287, 1001 and 31 U.S.C. 3729.
4. 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 CARES Act provides that CDBG-CV funds may be used to cover or reimburse allowable costs of eligible activities to prevent, prepare for, and respond to coronavirus incurred by a Grantee after January 21, 2020. Preapplication costs, pre-agreement costs, and pre-award costs are permitted.
However an environmental review must be performed and a release of funds must be obtained in accordance with 24 CFR part 58 prior to committing CDBGCV funds to reimburse such costs. The CDBG-CV Grantee agrees that any Work toward the implementation of the project activity or program activity, as identified in Exhibit E, Section I through IV, will be subject to an environmental review prior to the execution of this Agreement by the Department and that this Agreement must be executed prior to reimbursement for pre-agreement costs incurred by the Grantee .
5. 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 24 months (two (2) years) from the Department’s execution date identified on the STD 213 of this Standard Agreement. Any extensions beyond the 24 months will require the Department’s approval and a contract amendment.
City of Ukiah
20-CDBG-CV2/3-00069
EXHIBIT A
Program Name: Community Development Block Grant Coronavirus Response (CDBG-CV2/3) NOFA Date: 12/18/2020
Approved Date: 7/8/2021
Prep. Date: 08/11/2021
B. Expenditure Deadline: All Program funds shall be expended no later than 24 months (two (2) 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 sixty (60) 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 may be deemed ineligible and the Grantee may 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 may 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 the activity is corrected and put back on schedule, or the activity is
City of Ukiah
20-CDBG-CV2/3-00069
EXHIBIT A
Program Name: Community Development Block Grant Coronavirus Response (CDBG-CV2/3) NOFA Date: 12/18/2020
Approved Date: 7/8/2021
Prep. Date: 08/11/2021
completed, or the activity is canceled.
2) Any milestone or deadline except for: (1) the first milestone, (2) the final activity report milestone, and (3) 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.
6. Scope of Work Revisions and Amendments
A. Contract Revisions:
1) Adjustments to the Scope of Work that do not require:
a) an increase or reduction of activity scope;
b) a change in National Objective; or a
c) 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.
2) Contract Revisions may include but not be limited to:
a) Adjustments that:
i. Itemize the scope of work;
ii. Revise milestone deadlines except for first and last milestones; and/or
iii. Change the scope of work in a manner that does not change the overall budget, National Objective, or change type or reduce the number of estimated beneficiaries.
b) Adjustments that increase the estimated number of beneficiaries without increasing or decreasing the scope of work and without
City of Ukiah
20-CDBG-CV2/3-00069
EXHIBIT A
Program Name: Community Development Block Grant Coronavirus Response (CDBG-CV2/3) NOFA Date: 12/18/2020
Approved Date: 7/8/2021
Prep. Date: 08/11/2021
changing the overall budget.
B. Contract Amendments:
1) Adjustments to the Scope of Work that:
a) Require an increase or a reduced scope of work:
b) Change the National Objective; or
c) 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. 2) Contract Amendments may include but not be limited to:
a) Adjustments that:
i. add scope beyond what was included in the original
application;
ii. reduce scope such that the activity is materially different from the original application; or
iii. reduce estimated beneficiary counts.
iv. 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.
C. 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.
City of Ukiah
20-CDBG-CV2/3-00069
EXHIBIT A
Program Name: Community Development Block Grant Coronavirus Response (CDBG-CV2/3) NOFA Date: 12/18/2020
Approved Date: 7/8/2021
Prep. Date: 08/11/2021
7. State CDBG Program Contract Management
A. Department Contract Manager:
For purposes of this Agreement, the State CDBG Program Managers for the Department shall also serve as the Program Contract Managers.
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
Phone: (916) 263-6468
Email: [email protected]
B. Contract Management:
Day-to-day administration of this Agreement shall take place through the online grant management system, including but not limited to:
3) Financial Reports (Funds Requests);
4) Activity Reports;
5) Semi-Annual Reports;
6) Annual Reports;
7) Submittal of any and all requested supporting documentation; 8) Standard Agreement Revisions (non-material contract changes); and, 9) Standard Agreement Amendments (material contract changes).
C. 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.
City of Ukiah
20-CDBG-CV2/3-00069
EXHIBIT A
Program Name: Community Development Block Grant Coronavirus Response (CDBG-CV2/3) NOFA Date: 12/18/2020
Approved Date: 7/8/2021
Prep. Date: 08/11/2021
Written communication shall be directed to the Grantee’s Contract Administrator as identified in the Grantee Profile as referenced in Exhibit E.
City of Ukiah
20-CDBG-CV2/3-00069
EXHIBIT B
Program Name: Community Development Block Grant Coronavirus Response (CDBG-CV2/3) NOFA Date: 12/18/2020
Approved Date: 7/8/2021
Prep. Date: 08/11/2021
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 Department’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 grant 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 (funds requests) 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-CV2/3-00069
EXHIBIT B
Program Name: Community Development Block Grant Coronavirus Response (CDBG-CV2/3) NOFA Date: 12/18/2020
Approved Date: 7/8/2021
Prep. Date: 08/11/2021
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. The CARES Act provides that CDBG-CV funds may be used to cover or reimburse allowable costs of eligible activities to prevent, prepare for, and respond to coronavirus incurred by a Grantee after January 21, 2020. However, Grantee shall not receive a commitment of funds, nor shall funds be reimbursed until the Grantee has documented compliance with the applicable National Environmental Protection Act (NEPA) requirements established in 24 CFR Part 50, 24 CFR Part 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,
City of Ukiah
20-CDBG-CV2/3-00069
EXHIBIT B
Program Name: Community Development Block Grant Coronavirus Response (CDBG-CV2/3) NOFA Date: 12/18/2020
Approved Date: 7/8/2021
Prep. Date: 08/11/2021
rebates, refunds, contract settlements, audit recoveries, and interest earned on such funds before requesting additional cash payments from the grant award.
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-CV1 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 Activity Report must be for a minimum of $1,000.00, except for the final funds
City of Ukiah
20-CDBG-CV2/3-00069
EXHIBIT B
Program Name: Community Development Block Grant Coronavirus Response (CDBG-CV2/3) NOFA Date: 12/18/2020
Approved Date: 7/8/2021
Prep. Date: 08/11/2021
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 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-CV2/3-00069
EXHIBIT B
Program Name: Community Development Block Grant Coronavirus Response (CDBG-CV2/3) NOFA Date: 12/18/2020
Approved Date: 7/8/2021
Prep. Date: 08/11/2021
referenced in Exhibit A, Section 5 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 5, (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, without increasing or decreasing the scope of work and without changing
City of Ukiah
20-CDBG-CV2/3-00069
EXHIBIT B
Program Name: Community Development Block Grant Coronavirus Response (CDBG-CV2/3) NOFA Date: 12/18/2020
Approved Date: 7/8/2021
Prep. Date: 08/11/2021
the overall budget.
3) 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 no later than thirty (30) days 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 outstanding funds have been reimbursed by the Department.
City of Ukiah
20-CDBG-CV2/3-00069
EXHIBIT B
Program Name: Community Development Block Grant Coronavirus Response (CDBG-CV2/3) NOFA Date: 12/18/2020
Approved Date: 7/8/2021
Prep. Date: 08/11/2021
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 sixty (60) days 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-CV2-3-00069
EXHIBIT D
Program Name: Community Development Block Grant Coronavirus Response Round 2 and 3(CDBGCV2/3) NOFA Date: 12/18/2020
Approved Date: 7/8/2021
Prep Date: 08/11/2021
CDBG-CV2/3 PROGRAM TERMS AND CONDITIONS
1. Federal Grant Identification
HUD Grant No.: B-20-DW-06-0001
CFDA Number: 29.019
Date HUD Grant Agreement Signed: 11/26/2020
2. 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) Public Services (§ 5305 (a)(8))
5) Business Financial Assistance (§ 5305 (a)(17))
6) Microenterprise Assistance (§ 5305 (a)(22))
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 associated with activity implementation 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 in the NOFA that is associated with this Agreement or any relevant CDBG Management Memo.
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 given reporting period.
E. “CARES Act” means the Coronavirus Aid, Relief and Economic Security Act.
F. “Department” means the California Department of Housing and Community Development.
"Financial Report" is also identified as a funds request and refers to the forms
City of Ukiah
20-CDBG-CV2-3-00069
EXHIBIT D
Program Name: Community Development Block Grant Coronavirus Response Round 2 and 3(CDBGCV2/3) NOFA Date: 12/18/2020
Approved Date: 7/8/2021
Prep Date: 08/11/2021
and processes required to request the drawdown of CDBG-CV2/3 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), as further described in the CDBG Program Guidelines, § 208.
H. “Grantee” means the jurisdiction that applied for CDBG-CV2/3 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 Part 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 funds used.
City of Ukiah
20-CDBG-CV2-3-00069
EXHIBIT D
Program Name: Community Development Block Grant Coronavirus Response Round 2 and 3(CDBGCV2/3) NOFA Date: 12/18/2020
Approved Date: 7/8/2021
Prep Date: 08/11/2021
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.
3. Eligible Activities
Grantee will only use funds under this Agreement for the activity identified in Exhibit E.
All activities must be eligible CDBG-CV2/3 activities as authorized under the CARES Act, (Public Law No: 116-136), 42 U.S.C. §5305 and 24 CFR §570.482.
4. National Objectives
Grantee will only use funds in support of the National Objective identified in Exhibit E, Section I. All CDBG-CV2/3 funded activities must meet a National Objective as defined in 42 U.S.C. §5304(b)(3), as amended, and 24 CFR §570.483.
Real Property acquired or improved in whole or in part with CDBG-CV2/3 funds must be used to meet the same National Objective for which it was purchased or improved for no less than five years from the date of acquisition/completion. The Department may require a Use Restriction Agreement be recorded against real property acquired or improved in whole or in part with CDBG-CV2/3 funds.
5. 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-CV2-3-00069
EXHIBIT D
Program Name: Community Development Block Grant Coronavirus Response Round 2 and 3(CDBGCV2/3) NOFA Date: 12/18/2020
Approved Date: 7/8/2021
Prep Date: 08/11/2021
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
City of Ukiah
20-CDBG-CV2-3-00069
EXHIBIT D
Program Name: Community Development Block Grant Coronavirus Response Round 2 and 3(CDBGCV2/3) NOFA Date: 12/18/2020
Approved Date: 7/8/2021
Prep Date: 08/11/2021
Grantee’s program or project, as applicable.
d) Withhold further and/or future awards of CDBG/CDBG-CV2/3 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 Part 2424.
CDBG-CV2/3 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.
6. Severability
City of Ukiah
20-CDBG-CV2-3-00069
EXHIBIT D
Program Name: Community Development Block Grant Coronavirus Response Round 2 and 3(CDBGCV2/3) NOFA Date: 12/18/2020
Approved Date: 7/8/2021
Prep Date: 08/11/2021
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.
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.
7. Waivers
No waiver or any breach of this Agreement shall be held to be a waiver of any prior or subsequent breach. The failure of the Department to enforce, at any time, the provisions of this Agreement or to require, at any time, performance by the 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.
8. 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 § 200.300 et seq, and agrees to adhere to
City of Ukiah
20-CDBG-CV2-3-00069
EXHIBIT D
Program Name: Community Development Block Grant Coronavirus Response Round 2 and 3(CDBGCV2/3) NOFA Date: 12/18/2020
Approved Date: 7/8/2021
Prep Date: 08/11/2021
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.
9. 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 the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) (Public Law No: 116-136, 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.,2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, Final Guidance, as adopted by HUD at 2 CFR 200 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.
10. 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).
11. Equal Opportunity Requirements and Responsibilities
City of Ukiah
20-CDBG-CV2-3-00069
EXHIBIT D
Program Name: Community Development Block Grant Coronavirus Response Round 2 and 3(CDBGCV2/3) NOFA Date: 12/18/2020
Approved Date: 7/8/2021
Prep Date: 08/11/2021
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/CDBGCV2/3 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;
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 Fair Housing Act (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, prohibiting discrimination in CDBG funded programs, of Title 1 of the Housing and Community Development Act of 1974, 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
City of Ukiah
20-CDBG-CV2-3-00069
EXHIBIT D
Program Name: Community Development Block Grant Coronavirus Response Round 2 and 3(CDBGCV2/3) NOFA Date: 12/18/2020
Approved Date: 7/8/2021
Prep Date: 08/11/2021
advertisements for employees placed by or on behalf of the Grantee, state that it is an Equal Opportunity or Affirmative Action employer.
12. 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.
13.The Training, Employment, and Contracting Opportunities for Business and Lower Income Persons Assurance of Compliance (Section 3):
The Grantee and any of its Subrecipients and/or Contractors shall comply with Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u), and implementing regulation at 24 CFR, Part 75. The responsibilities outlined in 24 CFR Part 75.19 include:
A. Implementing procedures designed to notify Section 3 workers about training and employment opportunities generated by Section 3 covered assistance and Section 3 business concerns about contracting opportunities generated by Section 3 covered assistance.
B. Notifying potential Contractors for Section 3 covered projects of the requirements of Part 75, Subpart C and incorporating the Section 3 clause set forth below in all solicitations and contracts in excess of $100,000 as required at 24 CFR 75.27.
Section 3 Clause
The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing.
City of Ukiah
20-CDBG-CV2-3-00069
EXHIBIT D
Program Name: Community Development Block Grant Coronavirus Response Round 2 and 3(CDBGCV2/3) NOFA Date: 12/18/2020
Approved Date: 7/8/2021
Prep Date: 08/11/2021
The parties to this contract agree to comply with HUD's regulations in 24 CFR. Part 75, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 75 regulations.
The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.
The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 75 and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 75. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 75.
The contractor acknowledges that subrecipients, contractors, and subcontractors are required to meet the employment, training, and contraction requirements of 24 CFR 75.19, regardless of whether Section 3 language is included in recipient or subrecipient agreements, program regulatory agreements, or contracts.
The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 75 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR Part 75.
City of Ukiah
20-CDBG-CV2-3-00069
EXHIBIT D
Program Name: Community Development Block Grant Coronavirus Response Round 2 and 3(CDBGCV2/3) NOFA Date: 12/18/2020
Approved Date: 7/8/2021
Prep Date: 08/11/2021
Noncompliance with HUD's regulations in 24 CFR Part 75 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.
The contractor agrees to submit, and shall require its subcontractors to submit to them, annual reports detailing the total number of labor hours worked on the Section 3 Project, the total number of labor hours worked by Section 3 Workers, and the total number of hours worked by Targeted Section 3 Workers, and any affirmative efforts made during the quarter to direct hiring efforts to low- and very low-income persons, particularly persons who are Section 3 workers and Targeted Section 3 workers.
C. Facilitating the training and employment of Section 3 workers and the award of contracts to Section 3 business concerns by undertaking activities such as described in 24 CFR Part 75.25(b), as appropriate, to reach the goals set forth in 24 CFR Part 75.23 and in Federal Register Vol. 85, No. 189, page 60909, until superseded by HUD in a subsequent publication. As of September 29, 2020, the minimum Section 3 benchmark is twenty-five (25) percent or more of the total number of labor hours worked by all workers on a Section 3 project are Section 3 workers; and five (5) percent or more of the total number of labor hours worked by all workers on a Section 3 project are Targeted Section 3 workers.
D. Documenting actions taken to comply with the foregoing requirements, the results of those actions taken and impediments, if any.
14. 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 guidelines issued thereunder.
C. Grantee shall comply with the requirements of the Clean Air Act, as amended, 42 U.S.C. 7401, et seq.
City of Ukiah
20-CDBG-CV2-3-00069
EXHIBIT D
Program Name: Community Development Block Grant Coronavirus Response Round 2 and 3(CDBGCV2/3) NOFA Date: 12/18/2020
Approved Date: 7/8/2021
Prep Date: 08/11/2021
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 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
City of Ukiah
20-CDBG-CV2-3-00069
EXHIBIT D
Program Name: Community Development Block Grant Coronavirus Response Round 2 and 3(CDBGCV2/3) NOFA Date: 12/18/2020
Approved Date: 7/8/2021
Prep Date: 08/11/2021
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 Parts 1500 – 1508.
The CARES Act provides that CDBG-CV funds may be used to cover or reimburse allowable costs of eligible activities to prevent, prepare for, and respond to coronavirus incurred by a Grantee after January 21, 2020. However, Grantee shall not execute this Agreement nor receive reimbursement for preagreement eligible activity costs until they have successfully documented compliance with the applicable NEPA requirements, including public noticing and publishing.
I. This Agreement does not constitute a commitment of funds or site approval, and the commitment of funds or approval may occur only upon satisfactory completion of environmental review and receipt by the Grantee of an approval of the request for release of funds and certification from the Department under 24 CFR Part 50, 24 CFR Part 58, and 40 CFR 1500 - 1508. The provision of any funds to the project is conditioned on the Grantee’s determination to proceed with, modify or cancel the project based on the results of the environmental review. The Grantee will not receive appropriate notice to proceed until they have successfully documented compliance with the applicable NEPA requirements, including public noticing and publishing.
15. Procurement
The Grantee shall comply with the procurement provisions in 2 CFR §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 Part 200, et seq., as applicable.
16. 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
City of Ukiah
20-CDBG-CV2-3-00069
EXHIBIT D
Program Name: Community Development Block Grant Coronavirus Response Round 2 and 3(CDBGCV2/3) NOFA Date: 12/18/2020
Approved Date: 7/8/2021
Prep Date: 08/11/2021
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 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.
17. 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,
City of Ukiah
20-CDBG-CV2-3-00069
EXHIBIT D
Program Name: Community Development Block Grant Coronavirus Response Round 2 and 3(CDBGCV2/3) NOFA Date: 12/18/2020
Approved Date: 7/8/2021
Prep Date: 08/11/2021
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.
18. 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 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
City of Ukiah
20-CDBG-CV2-3-00069
EXHIBIT D
Program Name: Community Development Block Grant Coronavirus Response Round 2 and 3(CDBGCV2/3) NOFA Date: 12/18/2020
Approved Date: 7/8/2021
Prep Date: 08/11/2021
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.
19. 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 Part 200.
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.
20. 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
City of Ukiah
20-CDBG-CV2-3-00069
EXHIBIT D
Program Name: Community Development Block Grant Coronavirus Response Round 2 and 3(CDBGCV2/3) NOFA Date: 12/18/2020
Approved Date: 7/8/2021
Prep Date: 08/11/2021
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.
21. 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.
22. 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.
City of Ukiah
20-CDBG-CV2-3-00069
EXHIBIT D
Program Name: Community Development Block Grant Coronavirus Response Round 2 and 3(CDBGCV2/3) NOFA Date: 12/18/2020
Approved Date: 7/8/2021
Prep Date: 08/11/2021
23. 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 sixty (60) days after the expiration of the Expenditure Deadline. Extensions for final reporting must be approved in writing by the Department.
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 with CDBG/CDBG-CV2/3 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.
24. 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.
City of Ukiah
20-CDBG-CV2-3-00069
EXHIBIT D
Program Name: Community Development Block Grant Coronavirus Response Round 2 and 3(CDBGCV2/3) NOFA Date: 12/18/2020
Approved Date: 7/8/2021
Prep Date: 08/11/2021
A. Deposit of Funds: Grantee shall maintain separate accounts within established bookkeeping systems for the deposit of CDBG -CV2/3 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.
25. Reversion of Assets
Upon expiration of this Agreement, Grantee shall transfer to the Department any CDBGCV2/3 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/CDBG-CV2/3 funds (including CDBG-CV2/3 funds provided to the Grantee in the form of a loan and Program Income) in excess of $35,000.00 shall be either:
City of Ukiah
20-CDBG-CV2-3-00069
EXHIBIT D
Program Name: Community Development Block Grant Coronavirus Response Round 2 and 3(CDBGCV2/3) NOFA Date: 12/18/2020
Approved Date: 7/8/2021
Prep Date: 08/11/2021
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/CDBG-CV2/3 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/CDBGCV2/3 funds received and that such lien will be notarized and recorded in the Office of the County Recorder where the real property is located.
26. Monitoring Requirements
The Department shall perform a program and/or fiscal monitoring of the CDBG--CV2/3 grant no less than once during the twenty-four (24) 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, documentation, and all other materials relevant to this Agreement for the purpose of monitoring, auditing, or otherwise examining said materials.
27. 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
City of Ukiah
20-CDBG-CV2-3-00069
EXHIBIT D
Program Name: Community Development Block Grant Coronavirus Response Round 2 and 3(CDBGCV2/3) NOFA Date: 12/18/2020
Approved Date: 7/8/2021
Prep Date: 08/11/2021
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.
28. 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.
29. Insurance
A. The Grantee shall have and maintain in full force and effect prior to the start of work, and at all times during the term of this Agreement such forms of insurance, at such levels as may be determined by the Grantee and the Department to be necessary for specific components of the grant activity(ies) described in Exhibit E. Prior to the commencement of any work, Grantee shall provide to the Department acceptable proof(s) of insurance confirming the required insurance coverages are in effect and naming the Department as an additional insured, where applicable. No insurance policy may be cancellable on less than thirty (30) calendar days prior notice to the insured and the Department. Grantees are responsible for requiring sufficient insurance, including but not limited to liability and workers compensation insurance, from all contractors and subrecipients. Grantees are recommended to be listed as an additional insured on policies held by contractors or subrecipients for the implementation of this award. Where a Grantee insurance policy is required to be purchased specifically for the execution or implementation of the activity funded through this award, the Department must be listed as an additional insured on the declarations page of the policy.
City of Ukiah
20-CDBG-CV2-3-00069
EXHIBIT D
Program Name: Community Development Block Grant Coronavirus Response Round 2 and 3(CDBGCV2/3) NOFA Date: 12/18/2020
Approved Date: 7/8/2021
Prep Date: 08/11/2021
B. Additional Coverages. In the event that Grantee, and/or any of its Subrecipients or Contractors, , will be engaging in any Hazardous Activity as part of the Collective Work contemplated by this Agreement, then the party(ies) engaging in any Hazard Activity(ies) shall provide to the Department, prior to commencement of any such activity(ies), such insurance coverages in such forms and in such amounts as the Department may require in its sole discretion. Such coverages are in addition to all other insurance coverages required by this Agreement, and shall be imposed on any Subrecipient and/or Contractor pursuant to the Subrecipient Agreement or Contract. For purposes of the provision, the term "Hazardous Activity" includes the following: (a) the removal, storage, and/or transportation of any "hazardous material", as such term is defined under federal, state, or local law, ordinance, regulation, or guideline, (b) the removal, storage, or transportation of lead-based paint, (c) blasting, (d) any activity which by its nature is abnormally dangerous, and (d) any "ultrahazardous activity" as defined in California case law. In addition to providing proof of such required coverages, the party(ies) engaging in the Hazardous Activity(ies) shall procure, at its expense prior to the commencement of any work, all required permits, licenses, consents, and approvals that are required for the lawful conduct of such activities, and shall provide adequate written proof thereof to the Department. No Hazardous Activity work may be commenced, or contracted for, prior to the provision of the required insurance coverages and licensure proof to the Department.
30. 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
City of Ukiah
20-CDBG-CV2-3-00069
EXHIBIT D
Program Name: Community Development Block Grant Coronavirus Response Round 2 and 3(CDBGCV2/3) NOFA Date: 12/18/2020
Approved Date: 7/8/2021
Prep Date: 08/11/2021
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.
31. 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-CV2/3 activities assisted under this part, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, including members and delegates to the Congress of the Unites States may obtain a financial interest or benefit from a CDBG-CV2/3-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.
32. 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
City of Ukiah
20-CDBG-CV2-3-00069
EXHIBIT D
Program Name: Community Development Block Grant Coronavirus Response Round 2 and 3(CDBGCV2/3) NOFA Date: 12/18/2020
Approved Date: 7/8/2021
Prep Date: 08/11/2021
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)].
33. 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).
34. California State Contracting 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.
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.
City of Ukiah
20-CDBG-CV2-3-00069
EXHIBIT D
Program Name: Community Development Block Grant Coronavirus Response Round 2 and 3(CDBGCV2/3) NOFA Date: 12/18/2020
Approved Date: 7/8/2021
Prep Date: 08/11/2021
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 Subsistence Payments Program
EXHIBIT E
Award Number
20-CDBG-CV2/3-00069
PO Number
Profile
[email protected]
Section I
Activity Category
Community Development
Please select your application type:
Public Services
Are you looking to start a new program, modify an ongoing program, or add a new type of assistance to an existing program?
New Activity
If your activity is a facility project instead of a program, please indicate whether this is a new facility, expansion of an existing facility, or re-purposing of an existing facility.
Activity (CD)
05Q - Subsistence Payments
National Objective (CD)
(LMC) Low/Mod limited clientele benefit
Section II
Choose the measure indicator from the list. Measure indicators, along with objectives and outcomes provide an organized and standardized process that HUD uses to measure the outcomes of CDBG programs. 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 Measure Indicator (P)
Persons Assisted
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.
Number of Beneficiaries
100
Presumed Benefit Types
Elderly Persons
Additional Benefit Types
Youths, Single Adults, Single Men, Single Women, Families, Mentally Ill, Veterans, Substance Abusers, Victims of Domestic Violence
City of Ukiah
20-CDBG-CV2-3-00069
Section III
Enter your legal jurisdiction name and activity title. Example: City of Los Angeles Community Food Bank. You MUST follow the required formatting. Applications not including a jurisdiction name will be disqualified.
Activity Title
City of Ukiah Subsistence Payments Program
Organization Name
City of Ukiah
Input the physical address of your organization, please do not use a P.O. Box.
Street Address
300 Seminary Avenue
Suite/Office #:
City:
Ukiah
State
California
Zip Code:
95482
Section IV
Activity Information
Add the address of where the activity will take place. If this is the same as the organizational address, re-enter the organization address. If it is a general area (example: a stretch of street or an unregistered address) please get as close as possible to the actual activity location and indicate the accurate location information in the activity description.
Street Address:
300 Seminary Avenue
Suite/Office #:
City:
Ukiah
State
California
Zip Code:
95482
Statement of Need and Proposed Outcome
The Statement of Need presents facts and evidence to support the need for your activity. An effective need statement will describe the target populations to be served, define the community problem to be addressed, is related to the purposes and goals of your organization, includes quantitative and qualitative documentation and supporting information, does not make any unsupported assumptions, and describes the situation in terms that are factual. An effective Statement of Needs will describe the relationship between the needs and COVID-19 impacts in your communities. DO NOT COPY and PASTE prior narratives.
City of Ukiah
20-CDBG-CV2-3-00069
Statement of Need and Proposed Outcome Narrative:
Throughout much of the previous year since the start of the COVID-19 pandemic, Mendocino County has been in the Purple COVID tier, the most restrictive of all the tiers within Governor Newsom’s Blueprint for a Safer Economy. This has caused widespread impacts to businesses in Ukiah and resulted in job losses for individuals employed in these sectors. LMI individuals have experienced the brunt of this economic impact. Even in April 2021, as the County moves to a less restrictive tier, economic effects from the previous year continue to linger.
The City of Ukiah is proposing a local Subsistence Payment Program (SPP) to assist at least 100 LMI individuals who are in arears on making payments towards utility bills due to the COVID-19 pandemic, and to prevent cutoff of utility service for these individuals. CDBG-funded subsistence payments will be used to assist LMI families and households struggling with economic impacts from the COVID-19 pandemic, supporting public health mandates and helping to stabilize the community at large.
The Activity Description is a narrative that needs to include: how this activity relates to COVID-19 impacts, how this activity will help with flattening the curve of the pandemic, and/or how it will help in the response to the pandemic. This narrative is different than your statement of need narrative, and will focus on the implementation and results of your proposed activity.
The narrative must also include: a detailed description of the activity, why it is needed, who will benefit, activity location, how will the activity will be implemented, and when it will be complete.
Activity Description
The City of Ukiah’s Subsistence Payment Program (SPP) will be administered by City staff in the Departments of Community Development and Finance, in coordination with the Electric Utilities Department, Water and Sewer Resources Department, broadband providers, Pacific Gas and Electric Company, and other local service providers/vendors. All subsistence payments will be provided directly by the City to the utility provider or other service provider/vendor.
Subsistence payments will be capped at $1,000 per household, with an additional $50 per child within the household. Payments can be made for eligible costs incurred after January 21, 2020 and through the performance period of the CDBG-CV2 and CV3 award, but cannot exceed 90 days of utility assistance for payments in arears and to prevent the shutoff of utility service(s).
Household eligibility, including income eligibility, will be documented and retained on file by the City for a minimum of three years after the close of the CDBG-CV program. Households will be required to meet all of the following requirements:
• Must have a LMI household income based on applicable CDBG Income Limits; and • Must have a documented financial need due to DOVID-19; and • Must reside in the City of Ukiah incorporated area; and • Must not have access to other payment assistance for the same costs (no duplication of benefit).
Implementation of the City of Ukiah SPP is expected shortly after execution of the standard agreement (approximately June 1, 2021). The City has developed a SPP Marketing Plan, included within the SPP Program Guidelines, and would immediately deploy the marketing plan upon standard agreement execution. The SPP is expected to be fully expended by July 31, 2022.
Having a safe and healthy place for LMI residents to live, including electricity, water and sewer, natural gas, and broadband services, will assist in flattening the curve of the COVID-19 pandemic. Funding of a City of Ukiah Subsistence Payment Program will provide LMI households and individuals with continued access to these services and some relief from the economic impacts of COVID-19.
We want to make sure that all of our program partners have the resources, capacity, and tools to be successful. That includes, guidelines, strategic plans, operating manuals, implementation strategies, and other documentation that addresses how your program or project will be implemented. These plans do not need to be formal or adopted, but they should be implementable.
Upload your guidelines / strategic plan / operations plan / implementation strategy City of Ukiah CDBG-CV Subsistence Payment Program Guidelines.pdf 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.
The narrative must include the deliverables that will be completed as part of this activity in relationship to the task descriptions (i.e.: Deliverable 1- marketing plan; Deliverable 2- town hall meeting minutes… etc.). This deliverable narrative should indicate your direct 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.
In completing the Tasks and Deliverables narratives, the applicant should demonstrate a knowledge of the specific steps needed to achieve the desired outcome.
City of Ukiah
20-CDBG-CV2-3-00069
Detailed Scope of Work - Task and Deliverables Narrative A detailed task narrative listing steps for implementation is below. If the grant award letter and standard agreement are received earlier- and if there are opportunities to further accelerate the timeline- the dates will be adjusted accordingly.
Task 1- develop Subsistence Payment Program (SPP) marketing flyer in both English and Spanish.
Task 2- deploy SPP Marketing Plan, as listed on pages 5 and 6 of the SPP Guidelines.
Task 3- host SPP funding workshop. Begin client intake.
Task 4- City Finance Department staff income qualify received applications and review for possible duplication of benefits. Submit to City CDBG Program Administrator (Community Development Department staff) for approval.
Task 5- Finance staff issue payments on behalf of the client/household to utility providers.
Task 6- Finance to document receipt of payment by utility providers.
Task 7- Client files set up for each assisted household and maintained.
Task 8- Finance working with City CDBG Program Administrator submit monthly program reimbursement requests to HCD.
Task 9- City CDBG Program Administrator to monitor for compliance throughout SPP implementation.
Task 10- City CDBG Program Administrator initiates and completes closeout activities.
Section V
It is a Department priority 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 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 following list of questions highlight items that you as the Grantee might be doing to address racial equity. If you have not started to address racial equity in your housing and community development projects and programs, this is an opportunity to describe your plans for how this funding will reduce disparities and increase racial equity in your communities. Answers in this section will not serve to qualify or disqualify applicants but rather will serve as a baseline measure of the current state of each applicant’s disparities, efforts and outcomes.
Has your jurisdiction completed an analysis of racial disparities in its programs that address housing insecurity, homelessness and economic insecurity?
No
How will you capture and analyze data to determine if you have disproportionate outcomes in your CDBG-CV funded project or program for people in 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? The City of Ukiah will primarily capture and analyze data regarding disproportionate outcomes in CDBG-CV through the use of community-engagement forums, equity surveys, and personal communication from members of the City’s newly-formed Equity and Diversity Committee. The 11-person Equity and Diversity Committee includes two City Council members and nine individuals who identify with or are members of organizations that represent the following demographic groups: Persons with lived experience of poverty (currently or formerly living at or below the poverty level, Persons with physical or mental disabilities, Persons from the LGBTQA community, Native American tribes and communities in Mendocino County, Persons from the Hispanic/Latino community, Persons of color, Persons whose primary language is not English, Youth 21 years and younger, and Seniors 65 years or older.
The Committee, seated on February 17, 2021, has been tasked with developing an action plan to foster diversity and equity in the organization and our community. The committee will review policies, practices, and procedures to promote and enhance equal participation and access to services. The Equity and Diversity committee serves in an advisory capacity to the City Council and City Manager.
City of Ukiah
20-CDBG-CV2-3-00069
How will you respond to identified disparities and use this funding to work toward racial equity in your CDBG-CV funded project or program?
The City of Ukiah will evaluate and respond to identified disparities through the goals, objectives, and strategies identified in the City-wide comprehensive equity action plan developed by the City of Ukiah’s Equity and Diversity Committee. Ongoing progress to meet racial equity goals will be evaluated during the committee’s annual review process.
The City of Ukiah is comprised of 38.7% Hispanic/Latino persons. Hispanic/Latino and Persons of Color individuals have been disproportionately affected by COVID-19. The CDBG grant funds for the Subsistence Payments Program will provide the needed support to ensure essential heat, power, and water for those who have been disproportionately affected by COVID including persons of color and Hispanic/Latino persons.
Does your organization have requirements for all subrecipients to look at data to determine racial disparities in its programs?
No
Does your organization have requirements for all subrecipients to put a plan in place to address racial disparities if they exist?
No
Identify and describe how people in protected classes, including but not limited to Black, Native and Indigenous, Latino/Latina/Latinx, Asian, Pacific Islanders and other people of color will access your CDBG-CV funded project or program.
Do you have Formal partnerships such as MOUs or subrecipient agreements with organizations serving people in protected classes, including but not limited to Black, Native and Indigenous, Latino/Latina/Latinx, Asian, Pacific Islanders and other people of color?
Yes
Please provide a narrative about the Formal Partnerships you have:
The City of Ukiah has a Memorandum of Understanding with the Coyote Valley Band of Pomo Indians to use the Pomo Indians Band's gym for the City's league youth and adult basketball activities. In exchange for this use, tribal members and their children are provided free registration into all City youth and adult sports leagues, swim lessons, and other recreation activities.
Do you have Informal partnerships with organizations serving people in protected classes, including but not limited to Black, Native and Indigenous, Latino/Latina/Latinx, Asian, Pacific Islanders and other people of color? Yes
Please provide a narrative about the Informal Partnerships you have:
The City partners with the local Community Action Agency North Coast Opportunities, Mendocino County Continuum of Care, Mendocino Latinx, and other organizations.
Do you have Materials in multiple language and accessible on jurisdiction website? Yes
Please provide a list and links to the materials in multiple languages:
Although not all the City's materials are available in multiple languages, the City has made significant progress over recent years to improve access to multiple language materials. The City maintains a contract with LanguageLine to provide interpretation services. The City also employs several bilingual English-Spanish speaking staff in its customer service department to assist monolingual Spanish-speaking residents with access to City services. Advertising for major events hosted by the City is usually in English and Spanish, including posts on the City's Facebook page.
Do you have Communications campaigns on social media, radio, television or flyers targeted to people in protected classes, including but not limited to Black, Native and Indigenous, Latino/Latina/Latinx, Asian, Pacific Islanders and other people of color?
Yes
Please provide a narrative and any applicable links for the communications campaigns:
The City regularly participates in communication campaigns on social media, radio, television, and flyers to target persons of protected classes. Recent efforts include: media campaigns to share vaccination/COVID-19 information to the Latino/Latina/Latinx community, partnering with numerous other agencies to share multilingual U.S. Census information to targeted communities, and recruitment for the City’s Equity and Diversity Committee. Other efforts include the City Council adopting a resolution to recognize February as Black History Month and a recent partnership with California Listos and other nonprofits and local artists to create a public art project promoting culturally thoughtful emergency preparedness messaging in the City's downtown Alex Thomas Plaza.
City of Ukiah
20-CDBG-CV2-3-00069
Do you have any 'other' means not listed for people in protected classes, including but not limited to Black, Native and Indigenous, Latino/Latina/Latinx, Asian, Pacific Islanders and other people of color accessing your CDBG-CV funded project or program?
No
How are the voices of people in protected classes, including but not limited to Black, Native and Indigenous, Latino/Latina/Latinx, Asian, Pacific Islanders and other people of color 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 disproportionate outcomes in local projects and programs?
Does your jurisdiction have an advisory body for community level planning and decision making (e.g. Housing Advisory Committee, Community Planning Advisory Committee)? No
Do residents of your jurisdiction have access to any type of Boards and Commissions training to increase the political participation and decision-making power of low-income communities and communities of color? (e.g.
Boards and Commissions Leadership Institute, Public Boards and Commissions Training) No
Have culturally specific organizations (those addressing the needs of protected classes) have been involved in developing your jurisdiction’s COVID-19 response strategy, including plans, programming, and service provision? Yes
Please List:
Ukiah Vecinos En Acion
Mendocino Latinx
Has your organization taken steps to ensure these funds are 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?
No
Will your organization use these funds to address the organizational capacity of organizations that are led by Black, Latinx, Asian, Pacific Islander, and Native and Indigenous people? No
List your partner organizations that are addressing racial equity in the housing and homelessness response system, the economic development sector and the health care sector and how do you partner with them.
Organization Name:
Mendocino Latinx
Partnership Type:
Informal
Number of years in this type of partnership:
2 Group(s) Served:
Latinx
Do you have additional partners to list?
Yes
Organization Name:
Coyote Valley Band of Pomo Indians
Partnership Type:
Formal
Number of years in this type of partnership:
15 Group(s) Served:
Native American
City of Ukiah
20-CDBG-CV2-3-00069
Will your organization or chosen subrecipient be hiring staff for the CDBG-CV funded project or program? No
Will you do deeper income targeting than CDBG-CV regulations require? No
Section VI
Milestones
Milestones are the progress markers or performance indicators that indicate progress toward the completion of your activity.
Milestones may directly relate to your task narrative and are enforceable through the standard agreement. Each activity must include at least a starting and a completion milestone, with a description of the milestone and a date. Additional milestones are optional and strongly encouraged.
If you enter milestones for your activity and those milestones are approved your milestones will supersede the HCD default milestones. Please note that if you do not elect to identify activity specific milestones in your application, HCD will default to the milestones in the CDBG-CV2 NOFA.
Default HCD Milestones are:
Milestone #1: Activity Start Up (Mandatory Milestone)
Milestone #2: 20% Expenditure Completion Date: June 1, 2021 Milestone #3: 50% Expenditure Completion Date: December 1, 2021 Milestone #4: 80% Expenditure Completion Date: May 1, 2022 Milestone #5: 100% Expenditure Completion Date: August 1, 2022 (Mandatory Milestone) Milestone #1 - Activity Start
Activity Start Up
Milestone #1 Completion Date
06/01/2021
Do you want to add additional optional milestones?
Yes
Milestone #2 (optional)
50% expenditure completion
Milestone #2 Completion Date (optional)
02/25/2022
Milestone #3 (optional)
100% expenditure
Milestone #3 Completion Date (optional)
07/31/2022
Milestone #4 (optional)
Milestone #4 Completion Date (optional)
Milestone #5 (optional)
Milestone #5 Completion Date (optional)
Milestone #6 (optional)
Milestone #6 Completion Date (optional)
City of Ukiah
20-CDBG-CV2-3-00069
Milestone #7 (optional)
Milestone #7 Completion Date (optional)
Milestone #8 (optional)
Milestone #8 Completion Date (optional)
Milestone #9 (optional)
Milestone #9 Completion Date (optional)
Milestone #10 - Confirmation of Closeout
Completion of closeout activities
Milestone #10 - Confirmation of Closeout Completion Date 07/31/2022
Readiness Criteria
Collaborators and Partners
Partnerships and collaborations are supported and in many cases encouraged in implementing your COVID-19 related activity.
Please indicate what types of partnerships you will be using in implementing your activity in the check-boxes and include a list of all of the different partners and collaborators including whether you have a formal or informal partnership agreement in the narrative section. Please upload and fully executed formal agreements as applicable.
If you are doing an activity in response to homelessness or to support persons experiencing homelessness you must coordinate with your Continuum of Care and identify them as a participating partner in this application. You will be required to track duplication of benefits in coordination with your Continuum of Care.
List of collaborators/partners
Non-Profit Service Providers, Local Government Agencies (Departments), Other Provide a narrative listing your partners and collaborators:
The City of Ukiah will implement the activity with existing staff from the Departments of Community Development and Finance.
Although the City will not utilize external partners to directly implement the proposed activity, the City expects to work closely with local utility providers to disburse utility payments. Partners and collaborators are expected to include, but may not be limited, the following:
City of Ukiah Electric Utility Department
City of Ukiah Water and Sewer Resources Department
PG&E
Comcast, AT&T broadband services
C&S Waste Solutions
Upload Executed MOU/Partnership Agreement/Multi-Agency Agreement Upload Executed MOU/Partnership Agreement/Multi-Agency Agreement Upload Executed MOU/Partnership Agreement/Multi-Agency Agreement Do you have a draft or executed agreement with a contractor/subrecipient? N/A (No Contract Needed)
City of Ukiah
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Threshold Criteria
Site Control
Some activities require proof of physical site control while others require proof of control of the resources necessary to complete the activity. For example, a service that provides delivered meals will need to have "control" of a vehicle for deliveries. In the narrative box, explain what type of site control will be necessary for your activity. Upload the applicable proof of site control.
If you believe no site control is required for your activity, indicate that in the narrative and explain why no site control is necessary for your activity.
Description of site control of the facility or means to conduct the services:
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.
Upload Site Control Supporting Documentation
Site Control Doc- SPP program.pdf
Federal funds may not be used to pay contractors, non-profits, or agencies that are federally debarred. Provide a proof of no-debarrment for each agency, contractor, non-profit, or company that will receive funding or be paid out of this grant. Individuals that are not a business do not need to be checked.
Use https://www.sam.gov/SAM/ to check for excluded parties and upload proof that contractors etc. are not debarred.
If you do not yet know who your contractors or subrecipients will be, you do not need to show proof of debarrment check at application. However you will be required to check for debarment prior to contract or subrecipient agreement execution.
Debarment checks that do not show results will not be accepted. All parties must be registered in SAM.Gov. Unregistered: consultants, contractors, partners, or subrecipients will not be eligible for reimbursement.
Upload your Debarment Check
SAM Search results- City of Ukiah (debarment).pdf
Upload additional Debarment Check Documentation
Upload an executed Statement of Assurances and Compliance. The template is found in the Files tab under the program solicitation. Please make sure the statement is completed with your jurisdiction's information and that the document has the specific CDBG-CV2 designation in the footer. The Statement of Assurances and Compliance is a legally binding document.
Upload your Statement of Assurances and Compliance with 2 CFR Part 200 * CDBG-CV Certifications and Assurances- City of Ukiah.pdf Use the updated Citizen Participation Requirements document at https://www.hcd.ca.gov/policy-research/plans-reports/docs/FinalCitizen-Participation-Requirements-for-the-State's-Annually-Appropriated-Federal-Programs-Plans-and-Reports.pdf to complete your public participation. Use the guidance on holding public hearings and meetings during a disaster to ensure your organzation complies with public health priorities.
Use the Citizen Participation reference documentation in the Files tab of the solicitation for additional information on Limited English Proficiency (LEP) and a sample public notice.
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.
Citizen Participation - Have you met all Public Hearings/Citizen Participation requirements? Yes
Upload Citizen Participation Proof of Public Notice
City of Ukiah CDBG-CV2.CV3 Proof of Public Notice.pdf
Upload Public meeting/hearing presentation/handout materials AppSubmittal Public Hearing- agenda.staffreport.minutes.pdf Upload Public Comment and Responses
AppSubmittal Public Hearing- description.nocomments.pdf City of Ukiah
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Upload Public meeting/hearing presentation/handout materials Use the approved sample resolution from the Files tab of the Solicitation. Do not modify the sample language in the resolution.
Upload Approved Resolution for Application
Ukiah Reso. No. 2021-03 CDBG-CV2.CV3 applications submittal.pdf Download the FI$CAL TIN from the Files tab in the Solicitation. Do not use P.O. Box addresses on the TIN. Make sure the TIN includes the official name of your jurisdiction.
FI$CAL TIN FORM
Upload CA TIN Verification Form
Ukiah CA Fiscal TIN Form.pdf
Monitoring and Compliance
Are all single audit findings cleared or in remediation? N/A - Not required to submit
Are all HCD CDBG program monitoring findings cleared or in remediation? N/A (no audit finding or not required to submit single audit) Are you in compliance with all exisiting HCD award agreements? N/A (no audit finding or not required to submit single audit) Environmental
Use the Environment Review forms located on HUD's website at https://www.hudexchange.info/programs/environmentalreview/orientation-to-environmental-reviews/#overview to complete your environmental review. Note that even General Administration requires a statement of exemption. Upload the correct level of environmental review for your activity and a statement of exemption for any General Administration that you intend to use.
If the level of review for your activity is an Environmental Assessment or Environmental Impact Study, please upload the assessment or study plus consultation letters, identified mitigations, and/or conditions of approval. 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-environmentalreviews/#overview. Please make sure your Environmental Review is definitive in findings and that the program/project description matches the activity description in this application. Environmental reviews with inadequate project/program descriptions, findings that are not definitive or that have squishy language, do not adequately or correctly identify mitigations, did not complete required consultations, or that have other material deficiencies may result in disqualification.
Upload Activity NEPA Compliance
CENST- Ukiah Subsistence Payment Program.pdf
Upload General Administration NEPA Compliance
NEPA Exempt- Ukiah SPP General Admin.pdf
Upload additional proof of NEPA Compliance
Section VII
Budget and Duplication of Benefits
You are expected to provide two activity budgets. There is a CDBG specific budget that you will complete as part if your application in the eCivis Grants Network. That budget is linked below and must be completed before you submit your application. You ALSO need to complete a full activity budget. Your full activity budget should use the sources and uses Excel template included in the Files tab in the Solicitation. You may use your own excel budget, provided it includes all of the sources and uses that will be included in your activity. Include line items for each component of your activity. Identify all funding sources that will be used to fund your activity including other federal and state funding, local funding, foundation or non-profit funding, donations and any other cash resources. Do not include in-kind donations or volunteer time.
This template will also be used to evaluate your duplication of benefits. Indicate in the template where you project increased utilization of your public services if you are proposing a public service activity.
Your complete activity budget narrative should include information about how the activity will be funded and whether or not the activity is viable if other funding sources are not available and the activity is only partially funded. For instance can the project scope be reduced the number of beneficiaries be reduced, can the project be scaled to the amount of funding available. Make sure City of Ukiah
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the budget narrative has a relationship to the tasks and deliverables described above. The narrative should include information about how the CDBG funding will only be used to support a new activity, a modified existing activity, or an addition of a new type activity.
Do you have program income not already included and committed in a CDBG activity? No
Budget Narrative:
The City of Ukiah proposes the funding of a Subsistence Payment Program to assist LMI families and households struggling with COVID-19 economic impacts. The total project cost including general administration is estimated to be approximately $223,009 and will be fully funded by CDBG-CV2/CV3.
A total activity award under CDBG-CV2/CV3 of $200,000 will fully fund the cost of the Subsistence Payment Program. A total of $23,009 in general administration will be utilized by the City of Ukiah staff for compliance monitoring, duplication of benefits tracking, and overall program administration and reporting responsibilities. No program income is committed for the project because program income was already committed to a Business Assistance program awarded funding by HCD in the 2019-2020 CDBG NOFA.
If CDBG funds are reduced or not available, the project will not be viable as the City has no other sources of funding for this program.
Upload Cost Allocation Plan (if applicable)
Upload Duplication of Benefit Tracker Form (in Excel)
Duplication of Benefit Tracking - Ukiah Subsistence Payment Program.xlsx You will be responsible for documenting compliance with HUD's duplication of benefit requirements. You can find additional information about how to track duplication of benefits at the following link: HUD DOB See a Duplication of Benefits Policy sample in the Files tab of the Solicitation Include a brief narrative explaining how you plan to track for duplication of benefits in your activity.
The City of Ukiah has established a Duplication of Benefit policy for the Subsistence Payment Program, which is included as Attachment C to the Subsistence Payment Program guidelines. Primarily, duplication of benefits will be reviewed during the Subsistence Payment Program application process. See Attachment C and the attached stand-alone policy below for additional details.
Upload your duplication of benefits tracking policy
City of Ukiah Subsistence Payment Program DOB Policy.pdf Miscellaneous supporting documentation (photos, maps, renderings, newspaper articles, etc.) Miscellaneous supporting documentation (photos, maps, renderings, newspaper articles, etc.) Miscellaneous supporting documentation (photos, maps, renderings, newspaper articles, etc.) Have you completed and submitted your eCivis Grants Network budget worksheet? Yes
Total Grant Dollars Requested CDBG CV-2/CV-3 Budget:
$223,009.00
View Budget Worksheet
https://portal.ecivis.com/#/peerBudget/08F9E4DB-2CA7-46D9-AC95-D436850DFA9B Application Goals
View Application Goals
https://portal.ecivis.com/#/peerGoals/C743BF51-3118-4CF9-8F05-BDF30EAB2E91 By typing my name in the field below, I hereby certify that this application is true and complete to the best of my knowledge.:
Craig Schlatter
City of Ukiah
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Average Score
0.00 # of Reviews
1 # of Denials
0 Original Submission Date (for re-submissions)
Exhibit E - Budget
Applications: File Attachments
Upload your guidelines / strategic plan / operations plan / implementation strategy City of Ukiah CDBG-CV Subsistence Payment Program Guidelines.pdf Upload Site Control Supporting Documentation
Site Control Doc- SPP program.pdf
Upload your Debarment Check
SAM Search results- City of Ukiah (debarment).pdf
Upload your Statement of Assurances and Compliance with 2 CFR Part 200 * CDBG-CV Certifications and Assurances- City of Ukiah.pdf Upload Citizen Participation Proof of Public Notice
City of Ukiah CDBG-CV2.CV3 Proof of Public Notice.pdf
Upload Public meeting/hearing presentation/handout materials AppSubmittal Public Hearing- agenda.staffreport.minutes.pdf Upload Public Comment and Responses
AppSubmittal Public Hearing- description.nocomments.pdf Upload Approved Resolution for Application
Ukiah Reso. No. 2021-03 CDBG-CV2.CV3 applications submittal.pdf Upload CA TIN Verification Form
Ukiah CA Fiscal TIN Form.pdf
Upload Activity NEPA Compliance
CENST- Ukiah Subsistence Payment Program.pdf
Upload General Administration NEPA Compliance
NEPA Exempt- Ukiah SPP General Admin.pdf
Upload Duplication of Benefit Tracker Form (in Excel)
Duplication of Benefit Tracking - Ukiah Subsistence Payment Program.xlsx Upload your duplication of benefits tracking policy
City of Ukiah Subsistence Payment Program DOB Policy.pdf City of Ukiah
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Community Development Block Grant Program (CDBG)
California Department of Housing & Community Development Serving the Area
Within the City Limits of the City of Ukiah
CDBG CORONAVIRUS RELIEF
SUBSISTENCE PAYMENTS
PROGRAM
(“SPP”)
Adopted by City Council: ______
Approved by HCD: ______
02/03/2021
City of Ukiah
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City of Ukiah CDBG Coronavirus Relief
Subsistence Payment Program Guidelines 2
TABLE OF CONTENTS
Overview of Community Development Block Grant Coronavirus Relief Program………….3 Description of City of Ukiah Subsistence Payment Program…………………………………...3 Program Requirements………………………………………………………………………………...3
Use of Assistance………………………………………………………………………………..3
Household Eligibility Requirements……………………………………………………………4 SPP Payment Assistance Limits……………………………………………………………….4 Preventing Duplication of Benefit………………………………………………………………4 Program Implementation Details……………………………………………………………………..4 Lead Based Paint and Inspection………………………………………………………………4 SPP Marketing Plan……………………………………………………………………………..5
Nondiscrimination and Inclusion……………………………………………………………….6 Client Intake Process……………………………………………………………………………7
SPP Payment Records Requirements………………………………………………………...7 Income Qualification and CDBG National Objective…………………………………………8 Program Administration………………………………………………………………………………..9 CDBG Reimbursement Request Process……………………………………………………..9 Service Provider Requests for Subsistence Payments………………………………………9 Fair Housing and Affirmatively Furthering Fair Housing………………………………………..10 State and Federal Program Operating Standards………………………………………………..10 Attachments
Attachment A: State CDBG Income Limits…………………………………………………..12 Attachment B: Annual Income Inclusions and Exclusions………………………………….13 Attachment C: City of Ukiah Duplication of Benefit Policy………………………………….18 Attachment D: SPP Program Application and Verification Form…………………………..20 Attachment E: Applicant Self-Certification of Annual Income Form……………………….25 City of Ukiah
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City of Ukiah CDBG Coronavirus Relief
Subsistence Payment Program Guidelines 3
1. Overview of Community Development Block Grant Coronavirus Relief Program The Community Development Block Grant (CDBG) Coronavirus Relief (CDBG-CV) program, administered by the California Department of Housing and Community Development (HCD), receives an annual allocation of federal funds from the US Department of Housing and Urban Development (HUD). The federal Coronavirus Aid, Relief, and Economic Security (CARES) Act allows for three tranches of one-time funding to prevent, prepare for, and respond to COVID-19 through the CDBG program as CDBG-CV funding. The CDBG-CV funding is subject to the same statutes and regulations as the CDBG allocation program with the exception of certain waivers published in the Federal Register as FR-6218-N-01.
The primary purpose of the CDBG and CDBG-CV program is to benefit low- and moderateincome (LMI) persons, households, and neighborhoods. LMI is defined as 80 percent of the HUD adjusted median family income (HAMFI), adjusted by household size. In limited cases, CDBG and CDBG-CV funds may be used to alleviate qualifying urgent needs. LMI persons and households receive assistance through locally administered programs and activities funded with a state administered CDBG or CDBG-CV grant.
2. Description of City of Ukiah Subsistence Payment Program The City of Ukiah (City) proposes utilizing funding through the CDBG Coronavirus Rounds 2 and 3 (CDBG-CV2 and CV3) December 18, 2020 NOFA for a local Subsistence Payment Program (SPP). The SPP will be administered by City staff in the Departments of Community Development and Finance, in coordination with the Electric Utilities Department, Water and Sewer Resources, broadband providers, Pacific Gas and Electric Company (PG&E), and other local service providers/vendors.
The City’s SPP is focused on 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). These program guidelines contain details for the City’s implementation of the SPP, as well as client eligibility requirements.
3. Program Requirements
Use of Assistance
CDBG-funded subsistence payments will be used to assist LMI families and households struggling with COVID-19 economic impacts, to support public health mandates, and to help stabilize the community at large. The City cannot provide funds directly to households or families, including gift cards, gas cards, phone cards, vouchers, or any other cash or cash equivalent. All subsistence payments will be provided directly to the utility provider or other service provider/vendor.
SPP payments are intended to prevent the cutoff of utility service(s), or provide emergency payments for other essential short-term needs. SPP payments are not to be used for future costs (i.e. pay off or refinance of mortgage). Households and persons who receive assistance for payments in arears may not also receive assistance for current costs if those costs are not in consecutive months. Payments with CDBG-CV funds must address impacts to the household resulting from the COVID-19 emergency.
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City of Ukiah CDBG Coronavirus Relief
Subsistence Payment Program Guidelines 4
Household Eligibility Requirements
Individuals and families must be eligible for CDBG assistance to participate in the City’s Subsistence Payment Program. Household eligibility will be documented and retained on file by the City for a minimum of three years after the close of the CDBG-CV program. Eligible households are required to meet all of the following requirements:
Must have a LMI household income (≤80% county median income) based on applicable CDBG Income Limits (see Attachment A for current limits and Attachment B for a list of what should be included and excluded as income);
Must have a documented financial need due to COVID-19 (loss of employment, or additional household members sheltering in place, or other COVID-19 related impact); Must reside in the City of Ukiah incorporated area;
Must not have access to other payment assistance for same costs (no duplication of benefit).
SPP Payment Assistance Limits
The City’s Subsistence Payment Program has the following limits on payment assistance:
Per household maximum limit of not more than three months (90 days) of utility assistance for payments in arears and to prevent the shutoff of utility service(s).
Payments can be made for eligible costs incurred after January 21, 2020 and through the performance period of the CDBG-CV2 and CV3 award (generally, 24 months). To receive payments for more than one month and up to three months of assistance, months must be consecutive (e.g. February 1 – May 1; or June 15 – September 15); Per household maximum limit of not more than $1,000 per household for households with no minors (children under the age of 18);
For households with minors, up to a maximum of an additional $50 per child with no limit on the number of children per household.
The City’s SPP will provide full or partial payments up to the maximum amount available to the household.
Preventing Duplication of Benefit
Subsistence payments cannot be a duplication of benefit. According to HUD, “the duplication of benefit occurs when federal financial assistance is provided to a person and the person has (or would receive, by acting reasonably) financial assistance for the same costs from any other source and the total amount received exceeds the total need for those costs.” To prevent Duplication of Benefit, the City has established a Duplication of Benefit policy for all persons and households participating in the SPP. See Attachment C for details.
4. Program Implementation Details
Lead Based Paint and Inspection
The City’s SPP is limited to 90 days of assistance and will therefore not require a Lead Based Paint inspection and testing plan per 24 CFR 35.115.
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City of Ukiah CDBG Coronavirus Relief
Subsistence Payment Program Guidelines 5
SPP Marketing Plan
The City has developed a marketing plan to make the SPP accessible to all qualifying community residents, including race and ethnic minorities, persons with limited English proficiency, persons with a disability, seniors, large families, single parent households, and other groups that may have accessibility or availability challenges. The marketing plan deploys a variety of marketing methods designed to maximize participation and prevent discrimination.
Step 1: Develop flyer in both English and Spanish languages; and develop Spanish-language SPP program forms.
The City’s Community Development Department will develop a one-page flyer announcing the SPP. The flyer will be in both English and Spanish and describe basic program information, including income limits. It will also announce a mobile SPP funding workshop.
The City will also have the SPP program forms translated into Spanish.
Step 2: Develop list of households/persons in arears on utility payments.
The City’s Finance Department will develop a list of households and persons in arears on utility payments. Although income information is not known at this initial stage, the list will serve as a good first step in outreach regarding the program.
Step 3: Directly mail flyer to list of households and persons in arears.
For the list of households in arears on their utility bills, the City’s Finance Department will include the SPP flyer plus a self-certification of income form in the household’s monthly billing statement.
Step 4: Release flyer via social media and through nonprofit service providers.
The City Manager’s Office and Emergency Operations Services division will make the flyer and basic program information available through the City’s Facebook page and on the City’s website. The flyer will also be emailed to a list of local nonprofit service providers and partners, including service organizations that primarily represent and/or advocate on behalf of race and ethnic minorities, persons with limited English proficiency, persons with a disability, seniors, and other groups that may have accessibility or availability challenges.
Step 5: Develop press release announcing SPP Funding Workshop.
A press release will be developed by the City Manager’s Office and Community Development Department to announce the SPP funding workshop and provide basic program information.
The press release will be sent to all local and regional news outlets. The press release will also be sent to news organizations primarily representing Latinx community members.
Step 5: Host mobile SPP Funding Workshop.
Working with a group of volunteers, several of whom will be bilingual English-Spanish speakers, the City will host a mobile SPP funding workshop for potential program participants. The goal of City of Ukiah
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City of Ukiah CDBG Coronavirus Relief
Subsistence Payment Program Guidelines 6
the funding workshop is to efficiently qualify households through an accessible and safe workshop environment.
The workshop will be held in the outdoors, likely in a parking lot or other large, flat area with adequate vehicle access. Facial coverings will be required for all volunteers, as well as for participants staying within their vehicles. For those choosing to exit their vehicles, social distancing will be mandated, and the City will limit the number of program applicants on site at any one time based upon the needed six feet separation distance. Allowing program participants to stay within vehicles both limits exposure related to COVID-19 and may also increase participation by mobility-impaired persons.
City staff and volunteers will meet with potential program participants at the workshop, assisting participants (clients) complete forms. Potential program participants may complete and turn in forms during the workshop, or may complete and turn in forms via email or mail. For forms completed during the workshop, City staff and volunteers will date and time stamp when each application is received.
Funding assistance will be made available on a first-come first-served basis based upon the dates/times complete applications are received.
Please note: the purpose of the SPP funding workshop is to maximize program accessibility and prevent discrimination through making the program more readily available to all. City staff and volunteers will not be reviewing applications for eligibility during the workshop. Eligibility will be conducted by City Community Development and Finance staff after the workshop and via the Client Intake Process described below.
Depending on demand and funding availability, the City may host one additional SPP funding workshop during the program period.
Step 6: Ongoing direct outreach to City utility customers.
Before, during, and after the SPP funding workshop, the City’s Finance Department will continue direct engagement and outreach via phone and email to City utility customers in arears on their utility payments. The Housing Division of the Community Development Department will also provide information on the program, including on the City’s website. As needed, Finance or Community Development may host virtual meetings to explain the SPP to potential clients.
Nondiscrimination and Inclusion
Title VI of the Civil Rights Act of 1964 requires that, “No person shall, on the grounds of race, color or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” The Marketing Plan outlined above is based on census information and a Housing Needs Assessment completed by the City in 2019 as a part of the City’s 2019-2027 Housing Element, certified by HCD in December 2019 and publicly available at the following link:
http://www.cityofukiah.com/projects/housing-element-update/ City of Ukiah
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City of Ukiah CDBG Coronavirus Relief
Subsistence Payment Program Guidelines 7
In providing the City of Ukiah Subsistence Payment Program, the City will continue to evaluate and revise its marketing strategy to ensure under-represented and non-English speaking families have a fair chance of receiving assistance. Such additional marketing steps deployed may include working with services providers that serve primarily race and ethnic minority groups to announce the availability of assistance to hard-to-reach residents; allowing non-English speaking residents an adequate amount of time to apply and gather the necessary documentation, and other language support services; and/or accessing COVID-19 racial equity and social justice resources provided by HCD at the following link:
https://www.racialequitytools.org/resources/fundamentals/resource-list/covid-19---racial-equityand-social-justice-resources Client Intake Process
A step-by-step client intake process is outlined below. i. Identify potential clients through SPP marketing plan and direct outreach. ii. City Community Development and Finance staff to direct potential clients to complete required SPP program forms. City English-speaking and bilingual staff to assist applicants as needed with completing forms and submitting required income verification documents.
iii. Finance staff will income qualify applications based on Income Qualification and CDBG National Objective criteria below, and as outlined within SPP program forms. iv. Finance staff will track duplication of benefits to prevent over-payment through its utility billing function.
v. Finance will batch applications of up to 10 potential clients for review of income qualification by City CDBG Administrator (Community Development staff).
Administrator will email client approvals back to Finance staff for preparation of payment disbursement.
vi. Finance staff will issue payments, as applicable and on behalf of the client/household, to the following service providers:
a. City of Ukiah Electric Utility Department
b. City of Ukiah Water Resources Department
c. City of Ukiah Public Works (sewer)
d. PG&E (natural gas)
e. Broadband providers (high-speed internet)
f. Other utility providers
vii. Finance staff will document receipt of payment by the utility provider or other service provider through its utility billing system and accounts receivable software/cash management system to accurately document and account for these payments. viii. Utilizing the City’s cash management system, Finance will verify the payment’s clearing; then will follow-up via email with the client to provide a copy of the payment receipt and confirmation the payment was made on their behalf. Copies of all documented receipts will be provided to the household for their files and reference.
SPP Payment Records Requirements
The City is required to maintain a file on each assisted family/household, including:
City of Ukiah
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Approved application for assistance form that includes the essential CDBG-CV eligibility criteria, certified by the applicant
Duplication of Benefit documentation
LMI income verification documents (such as tax documents, pay stubs, etc.), household size, and the income level (30%, 50% and 80% AMI)
Documentation of loss of income due to COVID-19
Proof that loss of essential utility services is at risk and documenting the need for emergency payment
Ethnicity/race demographics;
Documented proof of payment (receipt, acknowledgement of payment, statement of balances, etc.)
Information required above is captured by the Application and Verification Form contained in Attachment D, as well as required income and eligibility documentation.
Income Qualification and CDBG National Objective
CDBG-funded public services must benefit LMI persons, based on the household income from all family members and number of persons within the household. Participants may self-certify income at application and provide minimum back-up documentation to verify income eligibility.
Household income may be determined by projecting the household’s prevailing rate of income at the time the assistance is provided, and maintaining documentation of this determination.
Household income includes income from all wage or income earning household members, including seniors receiving social security or pension payments, households with multiple wage earners, income from spousal and child support payments, and income from unemployment or other public benefit programs. Income does not include income from minors. For a complete list of what qualifies as income for the purposes of determining income eligibility in the City’s SPP, refer to Attachment B.
One or more of the following pieces of documentation can be provided by the applicant to document income. Documentation is not required to be verified via third-party. Documentation must be sufficient to support current year income projections and may be either annual income or monthly income projected out 12 months. An applicant self-certification of income form is included as Attachment E.
Prior year tax returns
Pay stubs (tabulated for annual income)
Social Security letter or stub
Unemployment letter or stub
Statement of loss of income (for persons who are self-employed) including current year annual income projection
Other proof of income or loss of income
Signed statements of no-income (jurisdictions/operators may prepare template statement of no-income letters that can be signed and dated at application submittal City of Ukiah
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City of Ukiah CDBG Coronavirus Relief
Subsistence Payment Program Guidelines 9
5. Program Administration
The Community Development Department is the program administrator for all City of Ukiah CDBG programs, including the City of Ukiah CDBG Coronavirus Relief (CDBG-CV) Subsistence Payment Program.
City of Ukiah CDBG Administrator: Craig Schlatter, Director of Community Development Department: Community Development
Address: 300 Seminary Ave. Ukiah, CA 95482
Website: www.cityofukiah.com/community-development
Phone Number: (707) 463-6219
Email Address: [email protected]
The Community Development Department (CDD) will administer the SPP, ensuring compliance with CDBG state and federal requirements. CDD will also provide program monitoring responsibilities, including but not limited to desk monitoring of program documentation, on-site monitoring (implementing physical distancing, masks, and other applicable COVID-19 transmission prevention standards), and technical assistance to assist the service providers in meeting minimum program requirements.
The Finance Department will implement the CDBG-CV Subsistence Payment Program through both utility billing/customer service and finance teams.
CDBG-CV SPP Contact: Daniel Buffalo, Director of Finance Department: Finance
Address: 300 Seminary Ave. Ukiah, CA 95482
Phone Number: (707) 463-6220
Email Address: [email protected]
The Finance Department will rely on existing policies and procedures to implement the program, adhering to single audit OMB Circular 133 requirements.
CDBG Reimbursement Request Process
The City’s Community Development Department will review all cost documentation for CDBG eligibility, certifying costs, and submit funding drawdown requests and a financial report that includes back-up documentation to HCD via Grants Network. Documentation may include, but will not be limited to, the following:
Invoices
Statements
Time cards
Receipts
Any other documentation necessary to validate requests for reimbursement
Service Provider Requests for Subsistence Payments
For a service provider to request CDBG funds for subsistence payments, the service provider is to submit to the City all of the following:
City of Ukiah
20-CDBG-CV2-3-00069
City of Ukiah CDBG Coronavirus Relief
Subsistence Payment Program Guidelines 10
A program detail report describing the costs to be funded by applicant name and subsistence payment type
An invoice or statement summarizing service delivery costs and direct subsistence payment costs for City verification
A copy of the certified application for assistance/intake form and duplication of benefits form
All applicant information is to remain confidential and will only be used to meet federal and state record keeping requirements.
6. Fair Housing and Affirmatively Furthering Fair Housing The Fair Housing Lender and Accessibility logos will be placed on all SPP outreach materials.
Fair housing marketing actions will be based upon a characteristic analysis comparison (census data and/or data within the City’s Housing Element) of the Program’s eligible area compared to the ethnicity of the population served by the Program (includes, separately, all applications given out and those receiving assistance) and an explanation of any underserved segments of the population. This information is used to show that protected classes (age, gender, ethnicity, race, and disability) are not being excluded from the Program. Flyers or other outreach materials, in English and any other language that is the primary language of a significant portion of the area residents, will be widely distributed in the Program-eligible area and will be provided to any local social service agencies.
A. Nondiscrimination. The service provider shall not, in the provision of services or in any other manner, discriminate against any person on the grounds of age, race, color, creed, religion, sex, sexual orientation, gender identity, disability, national origin, or familial status. The obligation of the service provider to comply with Fair Housing Requirements insures to the benefit of the United States of America, the Department of Housing and Urban Development, and the City of Ukiah, any of which shall be entitled to involve any of the remedies available by law to redress any breach or to compel compliance by the service provider.
B. Cooperation in Quality Opportunity Compliance Reviews. The service provider shall comply with the City of Ukiah and with the California Department of Housing and Community Development (HCD) in conducting compliance reviews and complaint investigations pursuant to all applicable civil rights statutes, Executive Orders and all related rules and regulations.
7. State and Federal Program Operation Standards
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. State HCD 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.
The following is a summary of the federal cross-cutting requirements:
City of Ukiah
20-CDBG-CV2-3-00069
City of Ukiah CDBG Coronavirus Relief
Subsistence Payment Program Guidelines 11
Environmental Standards (based on National Environmental Policy Act of 1969 [NEPA]) Labor Standards (Davis-Bacon and related laws)
Achieving a HUD National Objective
Public participation requirements
Fair Housing and Affirmatively Furthering Fair Housing Equal Opportunity and Non-Discrimination in federal Grant Programs Federal Procurement Guidelines
National Flood Insurance Program compliance
Relocation and displacement requirements
Employment and Contracting Opportunities Section 3 compliance Lead-based paint requirements
No use of debarred, ineligible, or suspended contractors or sub-recipients Uniform Administrative Requirements and Cost Principles Conflict of interest prohibitions
Compliance with the Architectural Barriers Act and the Americans with Disabilities Act Compliance with Eligibility Restrictions for certain resident aliens Federal reporting requirements
Grant and subrecipient monitoring requirements
If CDBG-CV funding is awarded to the City for the Subsistence Payments Program, the City will enter into a Standard Agreement with HCD. The Standard Agreement will contain all the relevant state and federal requirements for the Subsistence Payments Program.
City of Ukiah
20-CDBG-CV2-3-00069
Attachment A
2020 State CDBG Income Limits – California (Effective 7/1/20) Mendocino County, CA
Number of Persons in Household
Income
Category
1 2 3 4 5 6 7 8+
30% limit $14,700 $16,800 $18,900 $20,950 $22,650 $24,350 $26,000 $27,700 50% limit $24,500 $28,000 $31,500 $34,950 $37,750 $40,550 $43,350 $46,150 60% limit $29,400 $33,600 $37,800 $41,940 $45,300 $48,660 $52,020 $55,380 Moderate
80% limit
$39,150 $44,750 $50,350 $55,900 $60,400 $64,850 $69,350 $73,800 Note: the maximum income for low and moderate income (LMI) households participating in a State CDBG-funded program is the “Moderate 80%” Income limit.
City of Ukiah
20-CDBG-CV2-3-00069
1/24/2021 24 CFR § 5.609 - Annual income. | CFR | US Law | LII / Legal Information Institute https://www.law.cornell.edu/cfr/text/24/5.609 1/7
24 CFR § 5.609 - Annual income.
§ 5.609 Annual income.
(a) Annual income means all amounts, monetary or not, which:
(1) Go to, or on behalf of, the family head or spouse (even if temporarily absent) or to any other family member; or
(2) Are anticipated to be received from a source outside the family during the 12-month period following admission or annual reexamination effective date; and
(3) Which are not specifically excluded in paragraph (c) of this section. (4) Annual income also means amounts derived (during the 12-month period) from assets to which any member of the family has access. (b) Annual income includes, but is not limited to:
(1) The full amount, before any payroll deductions, of wages and salaries, overtime pay, commissions, fees, tips and bonuses, and other compensation for personal services;
(2) The net income from the operation of a business or profession.
Expenditures for business expansion or amortization of capital indebtedness shall not be used as deductions in determining net income. An allowance for depreciation of assets used in a business or profession may be deducted, based on straight line depreciation, as provided in Internal Revenue Service regulations. Any withdrawal of cash or assets from the operation of a business or profession will be included in income, except to the extent the withdrawal is reimbursement of cash or assets invested in the operation by the family;
CFR Table of Popular Names
ATTACHMENT B
City of Ukiah
20-CDBG-CV2-3-00069
1/24/2021 24 CFR § 5.609 - Annual income. | CFR | US Law | LII / Legal Information Institute https://www.law.cornell.edu/cfr/text/24/5.609 2/7
(3) Interest, dividends, and other net income of any kind from real or personal property. Expenditures for amortization of capital indebtedness shall not be used as deductions in determining net income. An allowance for depreciation is permitted only as authorized in paragraph (b)(2) of this section. Any withdrawal of cash or assets from an investment will be included in income, except to the extent the withdrawal is reimbursement of cash or assets invested by the family. Where the family has net family assets in excess of $5,000, annual income shall include the greater of the actual income derived from all net family assets or a percentage of the value of such assets based on the current passbook savings rate, as determined by HUD;
(4) The full amount of periodic amounts received from Social Security, annuities, insurance policies, retirement funds, pensions, disability or death benefits, and other similar types of periodic receipts, including a lump-sum amount or prospective monthly amounts for the delayed start of a periodic amount (except as provided in paragraph (c)(14) of this section); (5) Payments in lieu of earnings, such as unemployment and disability compensation, worker's compensation and severance pay (except as provided in paragraph (c)(3) of this section);
(6) Welfare assistance payments.
(i) Welfare assistance payments made under the Temporary Assistance for Needy Families (TANF) program are included in annual income only to the extent such payments:
(A) Qualify as assistance under the TANF program definition at 45 CFR 260.31; and
(B) Are not otherwise excluded under paragraph (c) of this section. (ii) If the welfare assistance payment includes an amount specifically designated for shelter and utilities that is subject to adjustment by the welfare assistance agency in accordance with the actual cost of shelter and utilities, the amount of welfare assistance income to be included as income shall consist of:
(A) The amount of the allowance or grant exclusive of the amount specifically designated for shelter or utilities; plus
(B) The maximum amount that the welfare assistance agency could in fact allow the family for shelter and utilities. If the family's welfare assistance is ratably reduced from the standard of need by applying a percentage, the amount calculated under this paragraph shall be the amount resulting from one application of the percentage.
City of Ukiah
20-CDBG-CV2-3-00069
1/24/2021 24 CFR § 5.609 - Annual income. | CFR | US Law | LII / Legal Information Institute https://www.law.cornell.edu/cfr/text/24/5.609 3/7
(7) Periodic and determinable allowances, such as alimony and child support payments, and regular contributions or gifts received from organizations or from persons not residing in the dwelling; (8) All regular pay, special pay and allowances of a member of the Armed Forces (except as provided in paragraph (c)(7) of this section). (9) For section 8 programs only and as provided in 24 CFR 5.612, any financial assistance, in excess of amounts received for tuition and any other required fees and charges, that an individual receives under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), from private sources, or from an institution of higher education (as defined under the Higher Education Act of 1965 (20 U.S.C. 1002)), shall be considered income to that individual, except that financial assistance described in this paragraph is not considered annual income for persons over the age of 23 with dependent children. For purposes of this paragraph, “financial assistance” does not include loan proceeds for the purpose of determining income. (c) Annual income does not include the following:
(1) Income from employment of children (including foster children) under the age of 18 years;
(2) Payments received for the care of foster children or foster adults (usually persons with disabilities, unrelated to the tenant family, who are unable to live alone);
(3) Lump-sum additions to family assets, such as inheritances, insurance payments (including payments under health and accident insurance and worker's compensation), capital gains and settlement for personal or property losses (except as provided in paragraph (b)(5) of this section); (4) Amounts received by the family that are specifically for, or in reimbursement of, the cost of medical expenses for any family member; (5) Income of a live-in aide, as defined in § 5.403;
(6) Subject to paragraph (b)(9) of this section, the full amount of student financial assistance paid directly to the student or to the educational institution;
(7) The special pay to a family member serving in the Armed Forces who is exposed to hostile fire;
(8)
(i) Amounts received under training programs funded by HUD; City of Ukiah
20-CDBG-CV2-3-00069
1/24/2021 24 CFR § 5.609 - Annual income. | CFR | US Law | LII / Legal Information Institute https://www.law.cornell.edu/cfr/text/24/5.609 4/7
(ii) Amounts received by a person with a disability that are disregarded for a limited time for purposes of Supplemental Security Income eligibility and benefits because they are set aside for use under a Plan to Attain Self-Sufficiency (PASS);
(iii) Amounts received by a participant in other publicly assisted programs which are specifically for or in reimbursement of out-of-pocket expenses incurred (special equipment, clothing, transportation, child care, etc.) and which are made solely to allow participation in a specific program; (iv) Amounts received under a resident service stipend. A resident service stipend is a modest amount (not to exceed $200 per month) received by a resident for performing a service for the PHA or owner, on a part-time basis, that enhances the quality of life in the development. Such services may include, but are not limited to, fire patrol, hall monitoring, lawn maintenance, resident initiatives coordination, and serving as a member of the PHA's governing board. No resident may receive more than one such stipend during the same period of time;
(v) Incremental earnings and benefits resulting to any family member from participation in qualifying State or local employment training programs (including training programs not affiliated with a local government) and training of a family member as resident management staff. Amounts excluded by this provision must be received under employment training programs with clearly defined goals and objectives, and are excluded only for the period during which the family member participates in the employment training program;
(9) Temporary, nonrecurring or sporadic income (including gifts); (10) Reparation payments paid by a foreign government pursuant to claims filed under the laws of that government by persons who were persecuted during the Nazi era;
(11) Earnings in excess of $480 for each full-time student 18 years old or older (excluding the head of household and spouse);
(12) Adoption assistance payments in excess of $480 per adopted child; (13) [Reserved]
(14) Deferred periodic amounts from supplemental security income and Social Security benefits that are received in a lump sum amount or in prospective monthly amounts, or any deferred Department of Veterans Affairs disability benefits that are received in a lump sum amount or in prospective monthly amounts.
City of Ukiah
20-CDBG-CV2-3-00069
1/24/2021 24 CFR § 5.609 - Annual income. | CFR | US Law | LII / Legal Information Institute https://www.law.cornell.edu/cfr/text/24/5.609 5/7
(15) Amounts received by the family in the form of refunds or rebates under State or local law for property taxes paid on the dwelling unit; (16) Amounts paid by a State agency to a family with a member who has a developmental disability and is living at home to offset the cost of services and equipment needed to keep the developmentally disabled family member at home; or
(17) Amounts specifically excluded by any other Federal statute from consideration as income for purposes of determining eligibility or benefits under a category of assistance programs that includes assistance under any program to which the exclusions set forth in 24 CFR 5.609(c) apply. A notice will be published in the F R and distributed to PHAs and housing owners identifying the benefits that qualify for this exclusion.
Updates will be published and distributed when necessary. (d) Annualization of income. If it is not feasible to anticipate a level of income over a 12-month period (e.g., seasonal or cyclic income), or the PHA believes that past income is the best available indicator of expected future income, the PHA may annualize the income anticipated for a shorter period, subject to a redetermination at the end of the shorter period. [61 FR 54498, Oct. 18, 1996, as amended at 65 FR 16716, Mar. 29, 2000; 67 FR 47432, July 18, 2002; 70 FR 77743, Dec. 30, 2005; 79 FR 36164, June 25, 2014; 81 FR 12370, Mar. 8, 2016]
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City of Ukiah
20-CDBG-CV2-3-00069
ATTACHMENT C
City of Ukiah
Duplication of Benefits Policy and Process
City of Ukiah Duplication of Benefits Policy
The City of Ukiah Subsistence Payment Program is funded through CDBG-CV funds allocated under the 2020 CARES Act and governed by the Federal Register Notice FR6218-N-01-CDBG-CV, dated August 7, 2020.
All CDBG-CV grantees are required to complete a duplication of benefits analysis for assisted activities to demonstrate that no financial assistance has been received or is available to pay costs charged to a CDBG-CV grant. To comply with this requirement, the City of Ukiah and its subrecipient(s) will demonstrate that no other funds are available for an activity by maintaining records of compliance with mandatory duplication of benefits requirements described in the Federal Register Notice of August 7, 2020.
A CDBG-CV grantee is required to develop and maintain adequate procedures to prevent a duplication of benefits that address (individually or collectively) each activity or program. A grantee’s policies and procedures are not adequate unless they include, at a minimum: (1) a requirement that any person or entity receiving CDBG-CV assistance must agree to repay assistance that is determined to be duplicative; and (2) a method of assessing whether the use of CDBG-CV funds will duplicate financial assistance that is already received or is likely to be received by acting reasonably by evaluating need and the resources available to meet that need. It is the intent of this document to present the City of Ukiah’s policy to uphold, enforce and document conformance with the duplication of benefit requirements which cover use of its CDBG-CV funds.
City of Ukiah Duplication of Benefits Process
All applications to the City’s Subsistence Payment Program are required to complete a Duplication of Benefits Affidavit as part of the application process. This affidavit acknowledges the City’s requirement that any person or entity receiving CDBG-CV assistance must agree to repay assistance that is determined to be duplicative.
To meet HUD’s requirements, the City has developed a method of assessing whether the use of CDBG-CV funds will duplicate financial assistance that is already received or is likely to be received by acting reasonably in evaluating need and the resources available to meet that need.1
This assessment process is as follows:
1 The City anticipates additional guidance in this regard will be forthcoming from HUD and will review its process to ensure compliance at that time.
City of Ukiah
20-CDBG-CV2-3-00069
1. Upon receipt of the completed application packet, the City of Ukiah Finance Department reviews the Duplication of Benefits Affidavit to determine if the applicant has reported receiving any potentially duplicative assistance.
2. If so, City Finance Department may request additional information from the applicant, including:
a. Dates funds were received
b. Specific uses of funds received, including receipts and dates as appropriate.
3. Based on a review of this information, City Finance Department may:
a. Determine that there is no duplication and proceed with consideration of the application for the full amount requested.
b. Determine that there is a partial duplication and proceed with consideration of the application for an amount that reduces the request by the DOB amount
i. Amount Requested – Amount of DOB = Eligible Amount
c. Determine that there is a complete duplication and deny the application
4. In the event that an application moves forward and is approved, in whole or in part, the applicant will be required to sign a Subrogation Agreement to address concerns around the potential for future duplication (for example a PPP application was made, and was not denied but the applicant has not heard back).
5. In the event that an application is approved in part, the City of Ukiah will also include in the funding documents specific information around what the funds may be spent on so as to avoid duplication of benefits.
6. The City of Ukiah Finance Department will require all successful applicants to provide documentation as to how funds are actually expended, and will review this documentation to ensure no duplication has taken place.
All application documents, including the Affidavit and Subrogation Agreement, shall be retained in compliance with HUD’s record retention requirements.
City of Ukiah
20-CDBG-CV2-3-00069
Community Development Block Grant Program (CDBG) COVID-19 Utility Service(s) Subsistence Payment - Application and Verification Form
CITY OF UKIAH CDBG-CV
Up to $1,000 total is available to qualifying families for emergency subsistence payments, plus an additional $50 per dependent child under the age of 18 living in the home, to assist households economically impacted by COVID-19. To request assistance, you must meet the program requirements, submit required documentation, and certify this form before December 31, 2021. Funds are available on a limited basis.
Submitting this application is not a guarantee of assistance. For your privacy, information collected will remain confidential, used only to meet federal and state record keeping requirements, and withheld as applicable from disclosure.
Please print:
Name(s)
Residential
Address
Phone
Email Total Amount Requested $
Make payment on my behalf to:
Name Phone or Email
Address/Account#
Proposed Use of
Funds
Electric Utility Water Utility Sewer Utility
Broadband Utility Natural Gas Utility Other:
Month(s) to Cover Amount $
Name Phone or Email
Address/Account#
Proposed Use of
Funds
Electric Utility Water Utility Sewer Utility
Broadband Utility Natural Gas Utility Other:
Month(s) to Cover Amount $
Data YES NO
DUPLICATION OF BENEFIT – Have you received, or are aware of being eligible to receive from another source, any financial assistance for the costs listed above? (If yes, please complete supplementary income form attached)
COVID‐19 IMPACT – Have you had work hours reduced,
been temporarily or permanently laid off, or other loss of income due to COVID‐19?
If YES, Provide details:
EST. % loss of revenue from
one year previous:
%
SUBSISTENCE/EMERGENCY STATUS – Have you received
a late payment due, eviction notice or other proof that loss of housing or essential utility services is at risk and emergency payment is needed?
Number of months unable to
pay:
ATTACHMENT D
City of Ukiah
20-CDBG-CV2-3-00069
Community Development Block Grant Program (CDBG) COVID-19 Utility Service(s) Subsistence Payment - Application and Verification Form
CITY OF UKIAH CDBG-CV
LMI Household Income Qualification Questions
Total Annual Household Income is gross income (before deductions) from all sources of income (wages, child support, SSI, unemployment, pension, income from assets, etc.), from all adult members in the family living in the household. Consult the City if unsure.
Total Household Income anticipated during the next 12 months Name
List all household
members, including
yourself.
Age Check if Applicable Annual Gross
(Pre‐Tax)
Income
Source of Income
Head of
House‐
hold
Co‐Head
of
House‐
hold
Full‐Tm
Student
18 Yrs. or
Older
$
$
$
$
$
Add rows as applicable $
Total Anticipated Annual Household Income: $
CIRCLE the number of household members, including yourself:
1 2 3 4 5 6 7 8+
$39,150 $44,750 $50,350 $55,900 $60,400 $64,850 $69,350 $73,800 Is your anticipated total household income LOWER or HIGHER than the $ amount listed directly below the number of people circled above? If LOWER, attach proof of annual household income (such as latest tax return, quarterly tax, pay stubs, or bank statements).
LOWER HIGHER
Ethnicity (select one) Not Hispanic Hispanic
Race (select one)
White Asian
Black or African American Native Hawaiian or Pacific Islander American Indian or Alaskan Native Other or Multi‐Racial City of Ukiah
20-CDBG-CV2-3-00069
Duplication of Benefits Affidavit (“Affidavit”)
CITY OF UKIAH CDBG-CV
I/We, ____________________________________________ affirm the following:
1. I/We is/are executing this Affidavit in connection with assistance that we are receiving to help us prevent, prepare for, or respond to the coronavirus by providing us with a Subsistence Payment (“Type of Assistance”) for the purpose of emergency payments on behalf of Low and Moderate Income individuals and families who, due to the economic impacts from the COVID-19 pandemic, are in arears on making payments towards utility bills to prevent shutoff of utility service(s) (“Need”) in the amount of (“Amount of Assistance or Total Need”) from the City of Ukiah (“Organization”) through a program administered by the City of Ukiah with funding from the U.S.
Department of Housing and Urban Development (the “Program”).
2. The Organization and I/We believe the Amount of Assistance/Total Need is
3. In addition, I/We have received or will receive the following amounts and types of assistance from the sources listed below (“Duplicative Assistance”):
(a) Source of Funds #1
Lender/Grant Provider Name
Purpose
Amount
Government Loan Government Grant Government Forgivable Loan Nonprofit Grant Nonprofit Loan Nonprofit Forgivable Loan Private Loan Other:________________________________________ (b) Source of Funds #2
Lender/Grant Provider Name
Purpose
Amount
Government Loan Government Grant Government Forgivable Loan Nonprofit Grant Nonprofit Loan Nonprofit Forgivable Loan Private Loan Other:________________________________________ City of Ukiah
20-CDBG-CV2-3-00069
Duplication of Benefits Affidavit (“Affidavit”)
CITY OF UKIAH CDBG-CV
(c) Source of Funds #3
Lender/Grant Provider Name
Purpose
Amount
Government Loan Government Grant Government Forgivable Loan Nonprofit Grant Nonprofit Loan Nonprofit Forgivable Loan Private Loan Other:________________________________________ (d) Source of Funds #4
Lender/Grant Provider Name
Purpose
Amount
Government Loan Government Grant Government Forgivable Loan Nonprofit Grant Nonprofit Loan Nonprofit Forgivable Loan Private Loan Other:________________________________________ (e) Source of Funds #5
Lender/Grant Provider Name
Purpose
Amount
Government Loan Government Grant Government Forgivable Loan Nonprofit Grant Nonprofit Loan Nonprofit Forgivable Loan Private Loan Other:________________________________________
4. Total Unmet Need (2- (3(a) + 3(b) + 3(c) + 3(d) + 3(e)) ) $ .
5. I/We have received no other assistance funds for the Need listed in Paragraph 1 other than that set forth above in paragraph 3.
6. Section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5155), as amended by section 1210 of the Disaster Recovery Reform Act of 2018 (division D of Public Law 115–2 254; 132 Stat. 3442). prohibits federal agencies from providing assistance to any person for “any part of such loss” as to which he has received financial assistance under any other program or from insurance or any other source (such as, FEMA, SBA, the Red Cross, the City, business owner’s Insurance, etc.).
City of Ukiah
20-CDBG-CV2-3-00069
Duplication of Benefits Affidavit (“Affidavit”)
CITY OF UKIAH CDBG-CV
7. I/We understand that the amount of assistance received by I/We from the City of Ukiah must be reduced by the amount of Duplicative Assistance received or that will be received for the Need, from other sources (such as, FEMA, SBA, the Red Cross, the City homeowner’s insurance, etc.) for the same purpose.
8. Therefore, I/We understand that if I/We receive assistance from a source other than City of Ukiah (such as, FEMA, SBA, the Red Cross, the City, homeowner’s insurance, etc.) for the Need for the same purpose, I/We must repay the assistance received from City of Ukiah.
9. I/We certify under State and Federal penalties for perjury and fraud that the information provided above is true and accurate and acknowledge that repayment of all assistance received by Me/Us from City of Ukiah, payment of fines and/or imprisonment may be required in the event that I/We provide false, incomplete or misleading information in this Affidavit or during the rest of this process.
By executing this Affidavit, Applicant(s) acknowledge and understand that Title 18 United States Code Section 1001: (1) makes it a violation of federal law for a person to knowingly and willfully (a) falsify, conceal, or cover up a material fact; (b) make any materially false, fictitious, or fraudulent statement or representation; OR (c) make or use any false writing or document knowing it contains a materially false, fictitious, or fraudulent statement or representation, to any branch of the United States Government; and (2) requires a fine, imprisonment for not more than five (5) years, or both, which may be ruled a felony, for any violation of such Section.
Participant _______________________________________________________________ Signature of Participant __________________________ Date _______________________ Participant _______________________________________________________________ Signature of Participant __________________________ Date _______________________ City of Ukiah
20-CDBG-CV2-3-00069
ATTACHMENT E
Community Development Block Grant‐ Coronavirus Response Program Self‐Certification of Annual Income
Revised December 21, 2020 Page 1
INSTRUCTIONS:
Please complete one form and include the requested information for all persons in the household. Complete an additional form if the applicant needs more space. The adult head of household must sign and date the form. This form supersedes previous version and is valid for use through September 30, 2021.
PART I: ELIGIBILITY
CDBG‐CV funded activities are limited to income eligible families whose annual income does not exceed 80 percent of the area median income, as determined by HUD.
Number of Persons in Household
1 2 3 4 5 6 7 8+
$39,150 $44,750 $50,350 $55,900 $60,400 $64,850 $69,350 $73,800 Check all that apply: Homeless Experiencing financial hardship If the applicant has experienced financial hardship as a result of the COVID‐19 pandemic, the applicant must describe how the household’s financial situation has changed (e.g., lost employment or reduced income either temporarily or permanently).
PART II: HOUSEHOLD INFORMATION
Enter legal address (where the applicant currently lives) and contact information below. If household is experiencing homelessness or is in temporary housing, provide a mailing address (where the applicant currently receives mail).
Legal Address Mailing Address (if different from legal) Street, Apt./Unit #
State, City, Zip Code
Phone Number(s)
Email(s)
City of Ukiah
20-CDBG-CV2-3-00069
ATTACHMENT E
Community Development Block Grant‐ Coronavirus Response Program Self‐Certification of Annual Income
Revised December 21, 2020 Page 2
Enter all household information below and indicate if any member is or will be a part‐time/full‐time student in the next 12 months. Do not include live‐in‐aides, children of live‐in‐aides, foster children, or foster adults.
PART III: ANNUAL INCOME
Report all current income and income expected to be received in the next 12 months including long‐term unemployment compensation and all hazard pay. DO NOT INCLUDE: IRS Economic Impact Payments (stimulus checks), Federal Pandemic Unemployment Compensation (the additional $600 per week), Lost Wages Supplemental Payment Assistance (up to $400 per week), income of a live‐in‐aide, children of live‐in‐aides, foster children, foster adults, or the income of minors.
Household
Member #
Name
(Last, First, MI)
Relationship to the
Head of Household
(co‐head, spouse,
child, etc.)
Birth Date
(mm/dd/
yyyy)
*Student
(Part/Full‐
time,
Neither)
**Disabled
(Y/N)
1 Head of Household
2 3
4 5
6 7
8 9
10 City of Ukiah
20-CDBG-CV2-3-00069
ATTACHMENT E
Community Development Block Grant‐ Coronavirus Response Program Self‐Certification of Annual Income
Revised December 21, 2020 Page 3
Section A: For each household member (HH Mbr#) below, anticipate annual income for the next 12 months by converting current income to annual figures. Convert wages/income by multiplying it by the frequency in which it is received and factor in amounts that will terminate before the end of the next 12 months. Multiply weekly income by 52; Bi‐weekly income (received every other week) by 26; Semi‐monthly income (received twice each month) by 24; and Monthly income by 12. A full‐time student, 18 years or older (excluding the head of household or spouse) should exclude earnings in excess of $480 for annual income. Leave blank those that do not apply. To determine the total income for the household, add up all columns on the last row of this chart.
Income Sources HH Mbr#
1 HH Mbr#
2 HH Mbr#
3 HH Mbr#
4 HH Mbr#
5 HH Mbr#
6 Unemployment Compensation
(include regular unemployment, Pandemic
Unemployment Assistance and Pandemic Emergency
Unemployment Compensation)
(exclude Federal Pandemic Unemployment
Compensation; Lost Wages Supplement Payment
Assistance)
$ $ $ $ $ $
Wages, salary, overtime, hazard pay, commissions, fees, tips, bonuses (before payroll deductions) $ $ $ $ $ $ Net income from business and self‐employment
(include income from independent contractors, Gig
economy jobs such as Etsy, Amazon, eBay, Uber, Lyft,
Instacart, Grubhub, etc.)
$ $ $ $ $ $
Interest, dividends, and other net income of any kind
from real or personal property (include rental income) $ $ $ $ $ $ Social Security
(include disability/Supplemental; include gross amount
prior to any Medicare premiums)
$ $ $ $ $ $
Retirement/Pension/Insurance policy/Annuities $ $ $ $ $ $ Disability or Death Benefits
(disability compensation) $ $ $ $ $ $
Worker’s Compensation and Severance pay $ $ $ $ $ $ Welfare Assistance Payments
(Temporary Assistance to Needy Families) $ $ $ $ $ $ Regular Pay, special pay, and housing allowance for the Armed Forces
(exclude military hazard pay)
$ $ $ $ $ $
Veterans Administration (VA) Benefits
(exclude deferred disability benefits) $ $ $ $ $ $ Adoption Assistance Payments
(exclude amount in excess of $480) $ $ $ $ $ $
Alimony or Child Support
(include only amounts expected) $ $ $ $ $ $
Re‐occurring cash gifts from private/nonprofit/charity
or friends/family who will not reside in the unit $ $ $ $ $ $ Other (please describe):
_______________________________ $ $ $ $ $ $
Total for each HH Member $ $ $ $ $ $
Section A: Total Income for Household $
City of Ukiah
20-CDBG-CV2-3-00069
ATTACHMENT E
Community Development Block Grant‐ Coronavirus Response Program Self‐Certification of Annual Income
Revised December 21, 2020 Page 4
Section B ‐ Income From Assets: Annual income includes income derived from assets to which household members have access. Interest or dividends earned are counted as income even when the earnings are reinvested. Using the categories below, report the (a) type of asset(s) held by each member of the household, (b) cash value of asset(s), and (c) the income derived from the assets (report annual figures only). If the asset does not generate income, report zero. If the household member does not have assets, leave blank. Calculate the totals on the last row of this chart.
Household
Member #
Assets Categories:
Checking, Savings, Mutual funds, Money Market Acct. Equity in Rental Property, Retirement and Pensions, 401(K), Stocks, Bonds, Treasury Bills, Certificate of Deposit, Annuities, Revocable Trust, Mortgages or Deed of Trust, Whole Life Insurance policy, Lump sum‐ inheritance, Lottery Winnings, Insurance Settlements, Personal property held as an investment (e.g., antiques, gems, etc.) Cash Value of Asset Interest/Dividends Earned
on the Assets
1 $ $
2 $ $
3 $ $
4 $ $
5 $ $
6 $ $
Household
Member #
Disposed Assets:
Assets given away for less than the fair market value in the last 24 months with value greater than $1,000, (e.g. sale of a home) Cash Value of Disposed
Asset
Income from Disposed
Asset
$ $
$ $
$ $
Box (B1)
Total Value of Assets
Box (B2)
Total Income from Assets
$ $
***To be completed by Program Administrator***
If the amount in Box (B1) is greater than $5000,
calculate the imputed value of the assets by multiplying Box (B1) by the Passbook Savings rate of (.06%)
Box (B3)
Value of Imputed Asset
$
Section B: Total Income from Assets
(greater of box (B2) or (B3)
$
Total Household Annual Income (Sections A + B)
$
City of Ukiah
20-CDBG-CV2-3-00069