HomeMy WebLinkAboutState of California Department of Housing and Community Development 2017-01-10STATE OF CALIFORNIA
STANDARD AGREEMENT
STD 213 (Rev 06/03)
1. This Agreement is entered into between the State Agency and the Contractor named below:
STATE AGENCY'S NAME
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
CONTRACTOR'S NAME
City of Ukiah
2. The term of this
Agreement is
3. The maximum amount of this
Agreement is:
4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement
Upon HCD Approval through 10/25/2021
$500,000.00
£6-t•t M7 i 7 re i S3
AGREEMENT NUMBER
16-CDBG-11147
REGISTRATION NUMBER
Exhibit A • Authority, Purpose and Scope of Work 5
Exhibit B - Set-Up/Completion and Payment Provisions 4
Exhibit C - State of California General Terns and Conditions' 0
Exhibit D - CDBG Terms and Conditions 21
Exhibit E - Special Terms and Conditions
Exhibit F - Additional Provisions 0
TOTAL NUMBER OF PAGES ATTACHED: 31 pages
Items shown with an Asterisk (•), are hereby incorporated by reference and made pari of this agreement as if attached hereto. These
documents can be viewed at http•//www.documents dgs.ca.gov/oIsJGTC-610.doc
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
CONTRACTOR
California Department of
CONTRACTORS NAME Of other than an individual, state whether a corporation, General Service
partnership,etc) Use Only
City of Ukiah
BY (Authorized Signature) DATE SIGNED (Do not type)
-5-i'1
PRMTE AM A TITLE OF PERSON SIGNING
Sage Sangiacomo, City Manager
ADDRESS
300 Seminary Avenue, Ukiah, CA 95482
STATE OF CALIFORNIA
AGENCY NAME
Department of Housing and Community Development
BY (Authorzed S
ignatu
re) (
D AME AND T1TLE OF PERSONSIGNING
DATE SIGNED (Do not type)
1/10/r)
Synthia Rhinehart, Contracts Manager, Business & Contract Services Branch
ADDRESS
2020 W. El Camino Ave., Sacramento, CA 95833
JAN 10 2017
X Exempt per: SCM 4.04.A3 (DGS
Memo dated 6/12/81)
1
City of Ukiah
16-CDBG-11147
Page 1 of 5
EXHIBIT A
AUTHORITY, PURPOSE AND SCOPE OF WORK
1. Authority & Purpose
This Standard Agreement (hereinafter "Agreement") will provide official notification of the
conditional reservation of funds under the State of California's administration of the Federal
Community Development Block Grant Program for non -entitlement jurisdictions (hereinafter,
"CDBG" or "the Program") by the Department of Housing and Community Development
(hereinafter the "Department") pursuant to the provisions of 42 U.S. Code (U.S.C.) 5301 et seq.,
24 Code of Federal Regulations (CFR) Part 570, Subpart I and the California State CDBG
Regulations, pursuant to 25 California Code of Regulations (CCR), Sections 7050 et seq. The
Program is listed in the Catalog of Federal Domestic Assistance as 14.228 - CDBG -Community
Development Block Grant Program. In accepting this conditional reservation of funds by
executing this Agreement, the Grantee agrees to comply with the terms and conditions of this
Agreement, the Notice of Funding Availability (NOFA) under which the CDBG Grantee applied,
the representations contained in the CDBG Grantee's application (the "Application") for this
funding allocation, which is incorporated herein. as set forth, by reference, and the requirements
of the authorities cited above. Any changes made to the Application after this Agreement is
executed must receive prior written approval from theDepartment. For purposes of this
Agreement, use of the term "Grantee" shall be a reference to "Contractor".
2. Eligible Activities
Grantee will only use funds under this Agreement for eligible CDBG activities as authorized
under Section 105(a) of Title I of the Housing and Community Development Act of 1974, as
amended (hereinafter "HCDA" or "The Act") and Federal Regulations 24 CFR Part 570 482.
3. Meeting National Objectives
Eligible activities under this Agreement must be documented as meeting one of the three CDBG
National Objectives, authorized under The Act.
Upon completion of each eligible Program and/or Project activity funded by this Agreement, the
Grantee must document that each activity met a National Objective as outlined in Exhibit D,
Section 5 of this Agreement (National Objectives) by the expiration of this Agreement. In
accordance with Exhibit D, Section 9 of this Agreement (Non -Performance), if an activity does not
meet a CDBG National Objective, the Grantee must repay to the Department all of the CDBG
funds for that one activity, including activity delivery (AD) funds.
4. Public Benefit Standards for Business Assistance Activities
Per 24 CFR 570.482(f),(g) and 570.483(b)(4), the Grantee is responsible to demonstrate
fulfillment of the public benefit standards for all CDBG Economic Development (ED) activities
under Sections 105(a)(2),(14) and (17) of The Act. The use of public benefit standards is
mandatory.
When CDBG funds are provided directly to a for-profit business, or are provided to the Grantee
for an ED infrastructure in support of an economic development project, public benefit is generally
met through the creation or retention of permanent full-time equivalent job positions.
2016 CDBG Program
NOFA 05/17/2016
City of Ukiah
16-CDBG-11147
Page 2 of 5
EXHIBIT A
When CDBG funds are provided to a business that provides goods or services within an area that
is predominately low-income, public benefit is generally met by documenting that the CDBG
assistance does not exceed $350 per low- or moderate -income person(s) (LMI) in the identified
service area.
Economic Development activities under Section 105(a)(17) and (14) must also comply with
CDBG's six underwriting standards, per 24 CFR, Part 570.482(e).
5. Scope of Work/Contract Amount
A The Grantee shall perform the funded activities described in the Scope of Work (Work),
including applicable National Objectives as represented in the Application, which is on file
with the Department of Housing and Community Development, Division of Financial
Assistance. 2020 West El Camino Avenue, Suite 650, Sacramento, Califomia, 95833 and
which is incorporated herein by reference. All written materials or alterations submitted
as addenda to the original Application and which are approved in writing by the
Department are hereby incorporated as part of the Application. The Department
reserves the right to require the Grantee to modify any or all parts of the Application in
order to comply with CDBG requirements. The Department reserves the right to review
and approve all Work to be performed by the Grantee, its contractors, and subgrantees in
relation to this Agreement. Any proposed revision to the Work must be submitted in
writing for review and approval by the Department and 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 Work, the Department agrees to provide the amount(s)
identified below. Unless amended, the Department shall not be liable for any costs for
Work in excess of this amount, nor any unauthorized or ineligible costs.
C Except for General Program Administration, grant activity(ies) shall meet one of the three
CDBG National Objectives: 1) Benefit to Low/Moderate Income Persons or Households 2)
Urgent Need, or 3) Elimination of Slums or Blight as identified below in the Budget section,
and as described in the Application, and shall consist of
1) Provide assistance for an Enterprise Fund activity for operating costs for a
Business Assistance Loan Program where financial assistance is provided to
eligible for-profit businesses.
2) Provide assistance for an Enterprise Fund activity for operating costs for a
Microenterprise Technical Assistance Program where assistance is provided to
low/moderate-income persons developing a microenterprise.
2016 CDBG Program
NOFA 05117/2016
City of Ukiah
16-CDBG-11147
Page 3 of 5
EXHIBIT A
BUDGET
Activity Activity Description National Amount
Matrix Objective
Code Code
18A ED — Direct Financial Assistance to For -Profits LMJ $202,224
18AD ED — Direct Financial Assistance to For -Profits LMJ $30,334
18C Microenterprise Assistance LMC $232,558
21A General Program Administration NA $34,884
TOTAL $500,000
Supplemental/Program Income (P1) Activities
Activity Activity Description National Objective
Matrix Code
Code
03T Operating Cost Homeless/AIDS Patients LMC
6. Other Funding Sources
Other Funding Sources - The CDBG Grantee shall report on the value of other
contributions included as leverage for each project activity via the Project
Set-Up/Completion Report. The Project Set-Up/Completion Report is the report which
conveys the information needed to establish a project -specific account in the Federal
Integrated Disbursement and Information System (IDIS). It is also the report that is used
to convey any changes to the project -specific account, and report the final project -specific
information into IDIS.
Cash Match (Planning and Technical Assistance Grants (PTA) only) - The cash match
that the Grantee has committed to a PTA activity as required by Health and Safety Code
50833 and 25 CCR 7058(a)(5) must be expended prior to requesting reimbursement from
PTA grant funds. The Grantee will report the expenditure of match funds on the Project
Set-Up/Completion Report. Program Income (PI) cannot be used as cash match.
Amount of required match funds for PTA grant: $0.00
7. Term of Agreement and Deadlines
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 the termination date set
forth on the STD 213 of the Standard Agreement.
A. All Program funds shall be expended by: 10/25/2019
B. All Final Funds Requests shall be submitted within 60 days after the expenditure
2016 CDBG Program
NOFA: 05/17/2016
City of Ukiah
16-CDBG-11147
Page 4 of 5
EXHIBIT A
deadline.
C. This Agreement will expire on: 10/25/2021
The total amount of funds drawn during the entire contract term must be for actual and
reasonable costs incurred, according to the United States Office of Management and Budget
Circular for Cost Principles for State, Local and Indian Tribal Governments and Cost Principles
for Non -Profit Organizations (OMB) Circulars A-87 and A-122, as well as OMB Uniform
Guidance. Documentation must be maintained in the Grantee's contract file.
The OMB Uniform Guidance (issued December 26, 2013) "will supersede requirements from
OMB Circulars A-87 and A-122.
OMB Uniform Guidance, "Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards" is located at 2 CFR Chapter I, Chapter II, Part 200 et al.
OMB Circular A-122, "Cost Principles for Non -Profit Organizations" is located at 2 CFR,
Part 230.
8. Line Item Adjustments
Line item adjustments may be made in accordance with the following:
A. The Department may approve a request from the Grantee to reallocate funds between
the authorized activities and itemized amounts stated in Section 5 of this exhibit. Any
changes of the total grant amount between activity categories or line items during the
term of this Agreement, and expenditures pursuant thereto, may be made only after the
Department's written approval. Due to the differences in AD percentages associated
with different activities, they will need to be adjusted accordingly.
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.
In the event the required use of PI leaves this contract with unspent funds, the jurisdiction
may redirect unused funds to a Supplemental Activity as applied for in the Application
provided that:
1) The Supplemental Activity may be completed using the available funding in this
Agreement.
2) The Supplemental Activity must be completed prior to the expenditure deadline of
this Agreement.
3) All Supplemental Activity General and Special Conditions must be cleared prior to
the expenditure of any CDBG funding on the activity.
4) If no Supplemental Activities were included in the Application, any unspent
contract funds will be disencumbered at the end of the contract term.
2016 CDBG Program
NOFA 05/17/2016
City of Ukiah
16-CDBG-11147
Page 5 of 5
EXHIBIT A
5) Supplemental Activities cannot be added to CDBG Over -The -Counter Economic
Development contracts.
9. AD Cost Limitations
Refer to the NOFA that is associated with this Agreement or any relevant CDBG Management
Memo.
10. State Contract Coordinator
The State Contract Coordinator for this Agreement for the Department is the Contracts Program
Manager, Division of Financial Assistance, or the Program Manager's designee. Unless
otherwise informed, any notice, report, or other communication required by this Agreement shall
be sent first class mail, unless otherwise informed, to the State Contract Coordinator at the
following address:
Contract Coordinator, CDBG
Division of Financial Assistance, Suite 650
Department of Housing and Community Development
P.O. Box 952054
Sacramento, California 94252-2054
11. Contract Administrator
The Grantee's Contract Administrator (must be a grantee employee) tor this Agreement is listed
below. Unless otherwise informed, any notice, report, or other communication required by this
Agreement shall be sent by first class mail, unless otherwise informed, to the following address.
Contractor
Authorized
Representative.
Mr. Sage Sangiacomo
Assistant City Manager
City of Ukiah
300 Seminary Avenue
Ukiah, CA 95482
Phone:
(707) 463-6221
2016 CDBG Program
NOFA 05/17/2016
EXHIBIT B
SET-UP/COMPLETION AND PAYMENT PROVISIONS
1. Definitions
City of Ukiah
16-CDBG-11147
Page 1 of 4
A. "Activity" means one of the following HUD eligible activities as per Housing and
Community Development Act (HCDA) 105(a).
1) Business Financial Assistance (Section 105(a)(17))
2) Microenterprise Assistance (Section 105(a)(22))
3) Acquisition (Section 105(a)(1))
4) Homeownership (Section 105(a)(24))
5) Housing Rehabilitation (Section 105(a)(4))
6) Public Improvements (Section 105(a)(2))
7) Public Facilities (Section 105(a)(2) and (5))
8) Code Enforcement (Section 105(a)(3))
9) Public Services (Section 105(a)(8))
10) Planning and Technical Assistance (Section 105(a)(12), (14) and (19)
Each Activity must meet a National Objective, pursuant to 24 CFR 570.483. to be
considered eligible.
"Activity Delivery" (AD) means "related soft costs." The Grantee may expend up to the
indicated AD as identified in Exhibit A, Section 9 and the NOFA that is associated with this
Agreement or any relevant CDBG Management Memo. CDBG funds for AD cannot be
drawn down unless CDBG activity costs have previously been drawn down or are being
drawn down on the same funds request. If the activity is not completed (no
accomplishments), and a Project Completion Report for the full amount drawn down is not
filed. all CDBG funds, including AD must be repaid to the Department.
C. "General Administration" refers to eligible administrative expenses as
Sections 105(a)(13) of The Act [42 USC 5305(a)(12).J
"Funds Disbursement" refers to the forms and processes required to
drawdown of CDBG funds (funds requests must be a minimum of $1,000).
provided in
request the
E "Program" means an activity that is available to eligible participants within a defined
service area and is not restricted to a specific physical address at the time the Application
is submitted.
2016 CDBG Program
NOFA. 05117/2016
City of Ukiah
16-CDBG-11147
Page 2 of 4
EXHIBIT B
F. "Project" means the CDBG assistance provided at a specific physical address within an
eligible activity.
"Project Set -Up" refers to the forms and processes required to reserve funds associated to
address specific Projects or Programs for CDBG funds in IDIS.
"Project Completion" refers to the form and processes required to report a Project or
Program as "complete." The Project Completion Report must be submitted to the
Department with. or prior to, the final funds disbursement request. If the Activity is not
completed and a Project Completion Report for the full amount drawn is not filed, all
CDBG activity and activity delivery funds for the Program or Project must be repaid to the
Department.
2. General Conditions Set -Up Requirements
The Grantee shall submit the following for the Department's approval, prior to Project or Program
Set -Up:
A The "General Conditions Set -Up Checklist" for each funded activity, on a form provided by
the Department, and any required supporting documentation.
B. Any other documents, certifications, or evidence deemed necessary by the Department
prior to Project or program Set -Up.
3. Individual Proiect or Activity Set-Up/Completion Requirements
The CDBG Grantee shall submit the following documentation to the Department.
A. Project or Activity Set -Up Report for each individual project or for the activity should there
be no actual physical address, for example, Public Services.
B Any other documents, certifications, or evidence deemed necessary by the Department
prior to Project or Program Set -Up and Completion Report.
4. Expenditure of Funds
A General Administration
Costs for general administration may neither be incurred nor funds expended until
execution of this Agreement by the Department unless the Grantee has received prior
written approval from the Department. If such approval is desired before execution of this
Agreement by the Department, the Grantee shall make the request for approval in writing,
but the Grantee will expend these funds at its own risk.
B Program Implementation and AD
Costs for program implementation and AD may neither be incurred nor funds expended
until the Grantee has received written approval from the Department.
2016 CDBG Program
NOFA: 05/17/2016
City of Ukiah
16-CDBG-11147
Page 3 of 4
EXHIBIT B
C Compliance with the Federal Office of Management and Budget (OMB) Circular A-133
and OMB Uniform Guidance
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 OMB
Circular A-133, (audits of states, local governments and non-profit organizations) and
OMB Uniform Guidance, until such compliance is demonstrated.
Grant Administration
The Grantee agrees to administer this Agreement in accordance with the provisions of
Section 7097 through and including Section 7126 of Title 25 of the CCR.
5. Method of Payment
The Grantee shall submit all forms to the Contract Coordinator specified in Exhibit A, Section 11,
or to any other address of which the Grantee has been notified in writing. The Department shall
not authorize payments unless it has determined the grant activity(ies) have been performed in
compliance with the terms of this Agreement. Funds requests must be for a minimum of $1,000
A. Reimbursements
1) All PI on hand must be expended prior to requesting grant funds from the
Department
2) To receive reimbursement for grant activities, the Grantee shall submit all
Department required forms. Reimbursement funds requests shall include the
level of documentation specified by the Department
Advances
1) The Grantee must receive prior written approval from the Department before
submitting an advance request.
Final Payment Requests
1) Grantees on the Reimbursement Payment System. All requests for final
reimbursement must be submitted within 60 days of the expenditure deadline of
this Agreement.
2) Grantees on the Advance Payment System: The last advance payment must be
submitted to the Department no later than 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 of this Agreement must be accounted for
and returned. Funds shall be returned in accordance with the current State
CDBG GMM. All returned funds will be disencumbered.
2016 CDBG Program
NOFA. 05/17/2016
City of Ukiah
16-CDBG-11147
Page 4 of 4
EXHIBIT B
4) All Funds Not Previously Requested: If the final funds disbursement request for
activity costs expended during the term of this Agreement has not been received
by the Department by the draw down deadline, which is 60 days after the
expenditure deadline, the Department may disencumber any funds remaining and
grant funds will no longer be available for the Grantee.
6. Grant Closing Requirements
The Grantee must submit the following within 90 days after the Agreement's expiration
date:
1) All Set -Up and Completion Reports must have been received and approved by the
Department;
2) The Closeout Certification Letter;
3) Financial Activity Closeout Summary (FACS),
4) Agreement Closeout Report;
5) Evidence, satisfactory to the Department, of compliance with any other Special
Conditions of this Agreement; and,
6) Evidence of a properly noticed public hearing that was conducted in front of the
governing body to notify the public of accomplishments funded by the grant.
2016 CDBG Program
NOFA 05/17/2016
City of Ukiah
16-CDBG-11147
Page 1 of 21
EXHIBIT D
CDBG TERMS AND CONDITIONS
1. Effective Date and Commencement of Work
This Agreement is effective upon approval by the Department.
A The Grantee cannot incur any costs until the execution of the contract unless prior written
approval has been given by CDBG management.
For certain activities, the Grantee must receive the Authority to Use Grant Funds from the
Department prior to the commitment and/or commencement of work.
A Grantee cannot be reimbursed for any costs until the Department has issued written
clearance of all general conditions requirements.
2 Sufficiency of Funds and Termination
A The Department may terminate this Agreement at any time for cause by giving at least 14
days written notice to the Grantee. Cause shall consist of violations of any terms and/or
special conditions of this Agreement, upon the request of HUD. or withdrawal of the
Departments expenditure authority.
It is mutually understood between the parties that this Agreement may have been written
before ascertaining the availability of congressional appropriation of funds, for the mutual
benefit of both parties in order to avoid program and fiscal delays which would occur if this
Agreement were executed after the determination was made.
C This Agreement is valid and enforceable only if sufficient funds are available to the
Department by the United States Government for the purposes of the CDBG Program. In
addition, this Agreement is subject to any additional restrictions, limitations, conditions or
statute enacted by the Congress or State Legislature, promulgated in State or federal
regulations or any State or federal statute, as now in effect and as may be amended from
time to time which may affect the provisions. terms, or funding of this Agreement in any
manner.
D If Congress does not appropriate sufficient funds for the program, the Department may
amend this Agreement to reflect any reduction in funds, or it may terminate this
Agreement by giving 14 days written notice to the Grantee.
3. Termination for Convenience and Enforcement
Except as provided in 24 CFR 85.43, awards may be terminated in whole or in part only as
follows
1) The Department with the consent of the Grantee or Subgrantee in which case the
two parties shall agree upon termination conditions, including the effective date
and in the case of partial termination, the portion to be terminated; or,
2016 CDBG Program
NOFA 05117/2016
City of Ukiah
16-CDBG-11147
Page 2 of 21
EXHIBIT D
2) By the Grantee or Subgrantee upon written notification to the Department, setting
forth the reasons for such termination, the effective date, and in the case of partial
termination, the portion to be terminated. However, if, in the case of a partial
termination, the Department determines that the remaining portion of the award
will not accomplish the purposes for which the award was made, the awarding
agency may terminate the award in its entirety under either 24 CFR 85.43 or
paragraph (A) of this Section.
Enforcement for noncompliance may include the following remedies if a Grantee or
Subgrantee materially fails to comply with any term of an award, whether stated in a
federal statute or regulation, an assurance, in a State plan or application, a notice of
award, or elsewhere, the Department may take one or more of the following actions, as
appropriate in the circumstances.
1) Temporarily withhold cash payments pending correction of the deficiency by the
Grantee or Subgrantee or more severe enforcement action by the awarding
agency.
2) 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.
3) Wholly or partly suspend or terminate the current award for the Grantee's or
Subgrantee's program.
4) Withhold further awards for the program.
5) Take other remedies that may be legally available, such as:
a) Hearings and appeals. In taking an enforcement action, the awarding
agency will provide the Grantee or Subgrantee an opportunity for such
hearing, appeal, or other administrative proceeding to which the Grantee or
Subgrantee is entitled under any statute or regulation applicable to the action
involved.
b) Effects of suspension and termination. Costs of Grantee or Subgrantee
resulting from obligations incurred by the Grantee or Subgrantee during a
suspension or after termination of an award are not allowable unless the
Department expressly authorizes them in the notice of suspension or
termination or subsequently. Other Grantee or Subgrantee costs during
suspension or after termination which are necessary and not reasonably
avoidable are allowed if:
The costs resulting from obligations which were properly incurred by
the Grantee or Subgrantee before the effective date of suspension or
termination, are not in anticipation of suspension or termination; and, in
the case of a termination, are non -cancellable; and,
ii. The costs would be allowable if the award was not suspended or
expired normally at the end of the funding period in which the
termination takes place.
2016 CDBG Program
NOFA 05/17/2016
City of Ukiah
16-CDBG-11147
Page 3 of 21
EXHIBIT D
c) Relationship to debarment and suspension. The enforcement remedies
identified in this Section, including suspension and termination, do not
preclude a Grantee or Subgrantee from being subject to 2 CFR Part 2424.
CDBG funds may not be provided to excluded or disqualified persons
pursuant to 24 CFR 570.489(i).
4. Litigation
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.
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.
5. National Obiectives
All grant activities performed under this Agreement must be eligible and must meet one of the
National Objectives of the HUD regulations as included in the Application authorized under Title 1
of the Housing and Community Development Act of 1974, Section 104(b)(3), as amended and
24 CFR Part 570.483.
A. Primarily benefits HUD defined low- or moderate -income person(s) (LM1) or households
(LMH). The term low- or moderate -income limits are defined as being no more than 80%
of the median area income on a county level, annually determined by HUD, per 24 CFR,
Part 570.483(b); and/or,
B. Elimination of Slums or Blight (on a spot or area basis) is an eligible CDBG National
Objective. Slum and Blight's definition is found in 24 CFR, Part 570.483(c). The use of
Slums or Blight requires prior Departmental written approval.
C Meeting an Urgent Need is an eligible CDBG National Objective under 24 CFR, Part
570.483(d). This National Objective can only be used after formal release of public notice
from the Department announcing the disaster event and requesting grantees impacted by
the disaster to submit proposals describing how this National Objective is being met by
eligible activities under this Agreement.
6. Public Benefit Standards for ED
Per 24 CFR 570.482(f), (g) and 570.483(b)(4), the Grantee is responsible to demonstrate
fulfillment of the public benefit standards for all CDBG ED activities under Sections 105(a)(2), (14)
and (17) of The Act. The use of public benefit standards is mandatory.
When CDBG funds are provided directly to a for-profit business, or are provided to the Grantee for
an ED infrastructure public facility project, public benefit is generally met through the creation or
retention of permanent full-time equivalent job positions.
2016 CDBG Program
NOFA: 0511712016
City of Ukiah
16-CDBG-11147
Page 4 of 21
EXHIBIT D
When CDBG funds are provided to a business that provides goods or services within an area that
is predominately LMI, public benefit is generally met by documenting that the CDBG assistance
does not exceed $350 per LMI in the identified service area.
These ED activities must also comply with CDBG's six underwriting standards, per CFR,
Part 570.482(e).
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 recipient, its agencies or instrumentalities, and subrecipients shall comply with the policies,
guidelines and requirements of 24 CFR Part 85 and OMB Circulars A-87, A-110 (implemented at
24 CFR part 84), A-122, A-133 (implemented at 24 CFR part 45), and A-128 (implemented at 24
CFR part 44), as applicable, as they relate to the acceptance and use of federal funds under this
part. The applicable sections of 24 CFR parts 84 and 85 are set forth in Section 570.502. OMB
Uniform guidance at 2 CFR 200 supersedes the above Uniform Administrative Requirements,
effective July 1, 2015; and if there are any discrepancies between the above mentioned circulars
and the OMB Uniform Guidance, the Uniform Guidance takes precedence.
9. Non -Performance
In the event that the National Objective and/or Public Benefit requirements are not met, the
Department may, in its sole discretion, impose any or all of the following remedies: recapture of
part or all of the PI; reimbursement of part or all of the grant amount; and/or exclusion of the
Grantee from further CDBG funding for a period of time to be determined by the Department.
Prior to closing out this Agreement, the Department shall review the actual National Objective
and/or Public Benefit achievements of the Grantee,
10. Affirmatively Furthering Fair Housing
The Grantee will affirmatively further fair housing, which means that it will conduct an analysis to
identify impediments to fair housing choice within the jurisdiction, take appropriate actions to
overcome the effects of any impediments identified through that analysis, and maintain records
reflecting the analysis and actions in this regard.
11. Equal Opportunity Requirements and Responsibilities
A. Title VI of the Civil Rights Act of 1964: This act provides that no person shall be
excluded from participation, denied program benefits, or subject to discrimination based
on race, color, and/or national origin under any program or activity receiving federal
financial assistance.
2016 CDBG Program
NOFA: 05117/2016
City of Ukiah
16-CDBG-11147
Page 5 of 21
EXHIBIT D
B. Title VII of the Civil Rights Act of 1968 (The Fair Housing Acti: This act prohibits
discrimination in housing on the basis of race, color, religion, sex and/or national origin.
This law also requires actions which affirmatively promote fair housing.
C. Restoration Act of 1987: This act restores the broad scope of coverage and clarifies
the application of the Civil Rights Act of 1964. It also specifies that an institution which
receives federal financial assistance is prohibited from discriminating on the basis of race,
color, national origin, religion, sex, disability or age in a program or activity which does not
directly benefit from such assistance.
D. Section 109 of Title 1 of the Housing and Community Development Act of 1974 (42
U.S.C. 53091: This section of Title 1 provides that no person shall be excluded from
participation (including employment), denied program benefits, or subject to discrimination
on the basis of race, color, national origin, or sex under any program or activity funded in
whole or in part under Title 1 of the Act.
E. The Fair Housing Amendment Act of 1988: This act amended the original Fair
Housing Act to provide for the protection of families with children and people with
disabilities, strengthen punishment for acts of housing discrimination, expand the Justice
Department jurisdiction to bring suit on behalf of victims in federal district courts, and
create an exemption to the provisions barring discrimination on the basis of familial status
for those housing developments that qualify as housing for persons age 55 or older.
F. The Housing for Older Persons Act of 1995 (HOPA): Retained the requirement that
the housing facilities must have one person who is 55 years of age or older living in at least
80% of its occupied units. The act also retained the requirement that housing facilities
publish and follow policies and procedures that demonstrate intent to be housing for
persons 55 or older.
G. The Age Discrimination Act of 1975: This act provides tnat no person shall be
excluded from participation, denied program benefits, or subject to discrimination on the
basis of age under any program or activity receiving federal funding assistance. Effective
January 1987, the age cap of 70 was deleted from the laws. Federal law preempts any
State law currently in effect on the same topic including: KRS 18A.140, KRS 344040;
101 KAR 1:350 Paragraph 11; 101 KAR 1:375 Paragraph 2(3); 101 KAR 2:095
Paragraphs 6 and 7.
H. Section 504 of the Rehabilitation Act of 1973: It is unlawful to discriminate based on
disability in federally assisted programs. This Section provides that no otherwise
qualified individual shall. solely by reason of his or her disability, be excluded from
participation (including employment), denied program benefits, or subjected to
discrimination under any program or activity receiving federal funding assistance.
Section 504 also contains design and construction accessibility provisions for multi -family
dwellings developed or substantially rehabilitated for first occupancy on or after
March 13, 1991.
2016 CDBG Program
NOFA 05/17/2016
City of Ukiah
16-CDBG-11147
Page 6 of 21
EXHIBIT D
The Americans with Disabilities Act of 1990 (ADA): This act modifies and expands
the Rehabilitation Act of 1973 to prohibit discrimination against "a qualified individual with
a disability" in employment and public accommodations. The ADA requires that an
individual with a physical or mental impairment who is otherwise qualified to perform the
essential functions of a job, with or without reasonable accommodation, be afforded equal
employment opportunity in all phases of employment.
J. Executive Order 11063: This executive order provides that no person shall be
discriminated against on the basis of race, color, religion, sex, or national origin in housing
and related facilities provided with federal assistance and lending practices with respect to
residential property when such practices are connected with loans insured or guaranteed
by the federal government.
K. Executive Order 11259: This executive order provides that the administration of all
federal programs and activities relating to housing and urban development be carried out
in a manner to further housing opportunities throughout the United States.
L. The Equal Employment Opportunity Act: This act empowers the Equal Employment
Opportunity Commission (EEOC) to bring civil action in federal court against private sector
employers after the EEOC has investigated the charge, found "probable cause" of
discrimination, and failed to obtain a conciliation agreement acceptable to the EEOC. It
also brings federal. state, and local governments under the Civil Rights Act of 1964.
M. The Immigration Reform and Control Act (IRCA) of 1986: Under IRCA, employers
may hire only persons who may legally work in the U.S., i e , citizens and nationals of the
U.S. and aliens authorized to work in the U.S. The employer must verify the identity and
employment eligibility of anyone to be hired, which includes completing the Employment
Eligibility Verification Form (1-9).
N. The Uniform Guidelines on Employee Selection Procedures adopted by the Equal
Employment Opportunity Commission in 1978: This manual applies to employee
selection procedures in the areas of hiring, retention, promotion, transfer, demotion,
dismissal and referral. It is designed to assist employers, labor organizations,
employment agencies, licensing and certification boards in complying with the
requirements of federal laws prohibiting discriminatory employment.
O. The Vietnam Era Veterans' Readiustment Act of 1974 (revised Jobs for Veterans
Act of 2002): This act was passed to ensure equal employment opportunity for qualified
disabled veterans and veterans of the Vietnam War. Affirmative action is required in the
hiring and promotion of veterans.
P. Executive Order 11246: This executive order applies to all federally assisted
construction contracts and subcontracts. It provides that no person shall be
discriminated against on the basis of race.
2016 CDBG Program
NOFA 05/17/2016
City of Ukiah
16-CDBG-11147
Page 7 of 21
EXHIBIT D
12. The Training. Employment, and Contracting Opportunities for Business and
Lower -Income Persons Assurance of Compliance (Section 3):
The Grantee will comply with Section 3 of the Housing and Urban Development Act of 1968 (12
U.S.C. 1701u), and implementing 24 CFR, Part 135. The responsibilities of the Grantee are
outlined in 24 CFR Part 135.32 as follows:
Implementing procedures designed to notify Section 3 residents about training and
employment opportunities generated by Section 3 covered assistance and Section 3
business concerns about contracting opportunities generated by Section 3 covered
assistance.
B. Notifying potential contractors for Section 3 covered projects of the requirements of this
Part, and incorporating the Section 3 clause set forth in Section 135.38 in all solicitations
and contracts.
Facilitating the training and employment of Section 3 residents and the award of contracts
to Section 3 business concerns by undertaking activities such as described in the
appendix to this part, as appropriate. to reach the goals set forth in Section 135.30.
Recipients, at their own discretion, may establish reasonable numerical goals for the
training and employment of Section 3 residents and contract award to Section 3 business
concerns that exceed those specified in Section 135.30.
Assisting and actively cooperating with the Assistant Secretary in obtaining the
compliance of contractors and subcontractors with the requirements of this part, and
refraining from entering into any contract with any contractor where the recipient has
notice or knowledge that the contractor has been found in violation of the regulations in 24
CFR Part 135.
Documenting actions taken to comply with the requirements of this part, the results of
those actions taken and impediments, if any.
F A Grantee which distributes funds for Section 3 covered assistance to units of local
governments, to the greatest extent feasible, must attempt to reach the numerical goals
set forth in Section 135.30 regardless of the number of local governments receiving funds
from the Section 3 covered assistance which meet the thresholds for applicability set forth
at Section 135.30. The State must inform units of local government to whom funds are
distributed of the requirements of this part, assist local governments and their contractors
in meeting the requirements and objectives of this part; and monitor the performance of
local governments with respect to the objectives and requirements of this part.
13. Environmental Compliance
The Grantee shall have satisfied all National Environmental Policy Act (NEPA) requirements and
California Environmental Quality Act (CEQA) requirements. CEQA shall be approved by the
Grantee. The level of compliance varies by activity. NEPA review must be completed by the
Grantee for each activity and approved in writing by Department staff prior to incurring costs on
the grant activity(ies).
2016 CDBG Program
NOFA 05/17/2016
City of Ukiah
16-CDBG-11147
Page 8of21
EXHIBIT D
14. Clean Air and Water Acts
This Agreement is subject to the requirements of the Clean Air Act, as amended, 42 U.S.C.
1857et seq., the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., and
the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR, Part 15,
as amended from time to time.
15. Relocation, Displacement, and Acquisition
The provisions of the Uniform Relocation Act, as amended, 49 CFR, Part 24, and Section
104(d)of the Housing and Community Development Act of 1974 shall be followed where any
assistance is carried out by the Grantee and assisted in whole or in part by funds allocated by
CDBG. For projects where there will be temporary or permanent displacement, the Grantee
must submit signed General Information Notices from each tenant who was residing in the project
at the time of Application submittal.
16. Compliance with State and Federal Laws and Regulations
A. The recipient, its agencies or instrumentalities, and subrecipients shall comply with the
policies, guidelines and requirements of 24 CFR Part 85 and OMB Circulars A-87
(implemented at 2 CFR 225), A-110 (implemented at 2 CFR part 215, A-122 (implemented
at 2 CFR part 230), A-133 (implemented at 24 CFR part 45), A-128 (implemented at 24
CFR part 44) and OMB Uniform Guidance (implemented at 2 CFR Chapter 1, Chapter 11,
Part 200 et al), as applicable, as they relate to the acceptance and use of federal funds
under this part. The applicable sections of 24 CFR parts 84 and 85 are set forth in
Section 570.502. OMB Uniform guidance at 2 CFR 200 supersedes the above Uniform
Administrative Requirements, effective July 1, 2015; and if there is any discrepancies
between the above mentioned circulars and the OMB Uniform Guidance, the Uniform
Guidance takes precedence.
The Grantee agrees to comply with all federal laws and regulations applicable to the
CDBG Program and to the grant activity(ies), and with any other federal provisions as set
forth.
17. Federal Labor Standards Provisions
A Davis -Bacon Act (40 U.S.C. 3141-31481 requires that workers receive no less than the
prevailing wages being paid for similar work in their locality Prevailing wages are
computed by the Federal Department of Labor and are issued in the form of federal wage
decisions for each classification of work. The law applies to most construction, alteration,
or repair contracts over $2,000.
6 "Anti -Kickback Act of 1986" (41 U.S.C. 51-58) The act prohibits attempted as well as
completed "kickbacks," which include any money, fees, commission, credit, gift, gratuity,
thing of value, or compensation of any kind. The act also provides that the inclusion of
kickback amounts in contract prices is prohibited conduct in itself. This act requires that
the purpose of the kickback was for improperly obtaining or rewarding favorable treatment.
It is intended to embrace the full range of government contracting.
2016 CDBG Program
NOFA. 06117/2016
City of Ukiah
16-CDBG-11147
Page 9 of 21
EXHIBIT D
C Contract Work Hours and Safety Standards Act - CWHSSA (40 U. S.C. 3702) requires that
workers receive "overtime" compensation at a rate of one and one-half (1-1/2) times their
regular hourly wage after they have worked forty (40) hours in one week.
D Title 29, Code of Federal Regulations CFR Subtitle A, Parts 1, 3 and 5) are the regulations
and procedures issued by the Secretary of Labor for the administration and enforcement of
the Davis -Bacon Act, as amended.
The 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 (LC), Chapter 1, commencing with Section 1720, Part 7 [California Labor
Code Section 1720-1743) (pertaining to the payment of prevailing wages and
administered by the California Department of Industrial Relations) are met.
B For the purposes of this requirement "construction work" includes, but is not limited to
rehabilitation, alteration, demolition, installation or repair done under contract and paid for,
in whole or in part, through this Agreement. All construction work shall be done through
the use of a written contract with a properly licensed building contractor incorporating
these requirements (the "construction contract"). Where the construction contract will be
between the Grantee and a licensed building contractor, the Grantee shall serve as the
"awarding body" as that term is defined in the LC. Where the Grantee will provide funds
to a third party that will enter into the construction contract with a licensed building
contractor, the third party shall serve as the "awarding body." Prior to any disbursement
of funds, including but not limited to release of any final retention payment, the
Department may require a certification from the awarding body that prevailing wages have
been or will be paid.
19. Lead Based Paint Hazards
Activity(ies) performed with assistance provided under this Agreement are subject to lead-based
paint hazard regulations contained in Title 8 (Industrial Relations) and Title 17 (Public Health) of
the CCR and 24 CFR, Part 35 (Lead Disclosure). Any grants or loans made by the Grantee with
assistance provided under this Agreement shall be made subject to the provisions for the
elimination or mitigation of lead-based paint hazards under these regulations. The Grantee shall
be responsible for the notifications, inspections, and clearance certifications required under these
regulations
20. Conflict of Interest of Members, Officers, or Employees of Contractors, Members of Local
Governing Body, or other Public Officials
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
2016 CDBG Program
NOFA 95/17/2016
City of Ukiah
16-CDBG-11147
Page 10 of 21
EXHIBIT D
responsibilities with respect to CDBG 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,
may obtain a financial interest or benefit from a CDBG-assisted activity, or have a financial
interest in any contract. subcontract or agreement with respect to a CDBG-assisted activity or its
proceeds, either for themselves or those with whom they have business or immediate family ties,
during their tenure, or for one (1) year thereafter. The Grantee shall incorporate, or cause to be
incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to
the purposes of this section
21. Conflict of Interest of Certain Federal Officials
No member of or delegate to the Congress of the United States, and no resident commissioner,
shall be admitted to any share or part of this Agreement or to any benefit to arise from the same.
22. 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.
23. Anti -Lobbying Certification
The Grantee shall 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 and no more than $100,000 for such failure.
A No federal appropriated funds have been paid or will be paid, by or on behalf of it, to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any federal contract, the cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any
federal contract, grant, loan, or cooperative agreement.
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
2016 COBG Program
NOFA: 05/17!2016
City of Ukiah
16-CDBG-11147
Page 11 of 21
EXHIBIT 0
24. Bonus or Commission, Prohibition Against Payments of
The assistance provided under this Agreement shall not be used in the payment of any bonus or
commission for the purpose of:
A. Obtaining the Department's approval of the Application for such assistance; or,
B. The Department's approval of the Applications for additional assistance; or,
C Any other approval or concurrence of the Department required under this Agreement,
Title I of the Housing and Community Development Act of 1974, or the State regulations
with respect thereto; provided, however, that reasonable fees for bona fide technical,
consultant, managerial or other such services, other than actual solicitation, are not hereby
prohibited if otherwise eligible as program costs
25. Contractors and Subrecipients
A The Grantee 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.
1) Contractors are defined as program operators or construction contractors who are
procured competitively.
2) Subrecipients are defined as public or private non-profit agencies or organizations
and certain (limited) private for-profit entities who receive CDBG funds from an
awarded jurisdiction to undertake eligible activities.
An agreement between the Grantee and any contractor or subrecipient shall require:
1) Compliance with the applicable State and federal requirements described in this
Agreement, which pertain to, among other things, labor standards,
nondiscrimination, Americans with Disabilities Act, Equal Employment Opportunity
and Drug -Free Workplace; and, Compliance with the applicable provisions relating
to Labor Standards/Prevailing Wages. In addition to these requirements, all
contractors and subcontractors shall comply with the applicable provisions of the
California Labor Code
2) Maintenance of at least the minimum State -required Workers' Compensation
Insurance for those employees who will perform the grant activity(ies) or any part of
it.
3) Maintenance, if so required by law, unemployment insurance, disability insurance
and liability insurance, which is reasonable to compensate any person, firm, or
corporation, who may be injured or damaged by the contractor, or any
subcontractor in performing the grant activity(ies) or any part of it.
4) Compliance with the applicable Equal Opportunity Requirements described in
Exhibit D, Section 11 of this Agreement.
2016 CDBG Program
NOFA 05/17/2016
EXHIBIT D
Contractors shall:
City of Ukiah
16-CDBG-11147
Page 12 of 21
1) Perform the grant activity(ies) in accordance with federal, State and local housing
and building codes, as are applicable
2) Provide security to assure completion of the project by furnishing the borrower and
construction lenders with Performance and Payment Bonds. or other security
approved in advance in writing by the Department.
Subrecipients shall:
1) 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 HUD/HCD contract has been closed.
2) Permit the State, federal government, the 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 the
agreement for the purpose of monitoring, auditing, or otherwise examining said
materials.
Contractors and Subrecipients: Drug -Free Workplace Act of 1988
1) Publish and give a policy statement to all covered employees informing them that
the unlawful manufacture. distribution, dispensation, possession or use of a
controlled substance is prohibited in the covered workplace and specifying the
actions that will be taken against employees who violate the policy.
2) Establish a druq-free awareness program to make employees aware of a) the
dangers of drug abuse in the workplace; b) the policy of maintaining a drug-free
workplace; c) any available drug counseling, rehabilitation, and employee
assistance programs; and d) the penalties that may be imposed upon employees
for drug abuse violations.
3) Notify employees that as a condition of employment on a federal contract or grant,
the employee must a) abide by the terms of the policy statement; and b) notify the
employer, within (5) five calendar days, if he or she is convicted of a criminal drug
violation in the workplace.
4) Notify the contracting or granting agency within 10 (ten) days after receiving notice
that a covered employee has been convicted of a criminal drug violation in the
workplace.
5) Impose a penalty on or require satisfactory participation in a drug abuse assistance
or rehabilitation program by any employee who is convicted of a reportable
workplace drug conviction.
6) Make an ongoing, good faith effort to maintain a drug-free workplace by meeting
the requirements of the act.
2016 CDBG Program
NOFA 05/17/2016
EXHIBIT D
26. Insurance
City of Ukiah
16-CDBG-11147
Page 13 of 21
The Grantee shall have and maintain in full force and effect 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 A.
27. Reporting Requirements
During the term of this Agreement, the Grantee must submit the following reports by the dates
identified, respectively, or as otherwise required at the discretion of the Department. The
Grantee's performance under this Agreement will be based in part on whether it has submitted the
reports on a timely basis.
A Project Set up Report: Accompanies first draw request.
B. Public Services Annual Beneficiary Data Report (tab within the Set-Up/Completion
Report): July 3151 for all open public service activities.
C Project Completion Report: For all activities except Public Services, submit with the
project's "final" funds request, or earlier. For Public Services, submit at the end of the 3
year period, or when funds have been fully expended and beneficiary data is known.
D Annual Performance Report: July 3151
E. Program Income Semi -Annual Report: January 301h and July 3151
F. Labor Standards Semji-Annual Report April 151 and October 1St
G Labor Standards Final Report. Within 30 days after final construction contract payment
made to contractor.
H. Closeout Certification: Within 90 days of grant expiration with proof of Public Hearing.
The Department reserves the right to request any other reports that may be necessary for
the implementation of this Agreement.
28. Monitoring Requirements
The Department shall perform a program and/or fiscal monitoring of the grant. The Grantee shall
be required to resolve any monitoring findings to the Department's satisfaction by the deadlines
set by the Department. If findings are not adequately resolved in a timely manner, the
Department may deduct points from the Grantee's performance score on future applications.
In determining appropriate monitoring for each grant, the Department shall consider prior grant
administration, audit findings, as well as factors such as complexity of the project and the amount
of funding. The Department shall determine the areas to be monitored, the number of monitoring
visits, and their frequency. The monitoring will address program compliance with contract
provisions, including to but not limited to National Objective, financial management, the
requirements of HCDA. 24 CFR, Part 85, 24 CFR 570 Part I, and all applicable Federal overlay
requirements.
2016 CDBG Program
NOFA 05/17/2016
EXHIBIT D
29. Inspections of Grant Activity
City of Ukiah
16-CDBG-11147
Page 14 of 21
The Department reserves the right to inspect any grant activity(ies) performed hereunder to verify
that the grant activity(ies) is being and/or has been performed in accordance with the applicable
federal, State and/or local requirements and this Agreement.
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.
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.
30. Access
Access by the Grantee, the Subgrantee, the federal grantor agency, the State, the Comptroller
General of the United States, or any of their duly authorized representatives to any books,
documents, papers, and records of the contractor which are directly pertinent to that specific
contract for the purpose of making audit, examination, excerpts, and transcriptions pursuant to
24 CFR 85.36(1)(10).
31. AudiVRetention and Inspection of Records
A. The Grantee must have intact, auditable fiscal and program records at all times. If the
Grantee is found to have missing audit reports from the California State Controller's Office
(SCO) during the term of this Agreement, the Grantee will be required to submit a plan to
the State, with task deadlines, for submitting the audit to the SCO. If the deadlines are not
met, the Grantee will be subject to termination of this Agreement and disencumbrance of
the funds awarded. The Grantee's audit completion plan is subject to prior review and
approval by the Department.
B. The Grantee agrees that the Department or its designee will have the right to review,
obtain, and copy all records pertaining to performance of this Agreement. The Grantee
agrees to provide the Department or its designee with any relevant information requested
and shall permit the Department or its designee access to its premises, during normal
business hours for the purpose of interviewing employees and inspecting and copying
such books, records, accounts, and other material that may be relevant to a matter under
investigation for the purpose of determining compliance with California Public Contract
Code (PCC) Section 10115 et seq., Government Code (GC) Section 8546.7 and 2 CCR
1896.60 et seq. The Grantee further agrees to maintain such records for a minimum
period of five (5) years after the Department notifies Grantee that the HUD/HCD contract
has been closed. The Grantee shall comply with the caveats and be aware of the
penalties for violations of fraud and for obstruction of investigation as set forth in PCC
10115.10.
2016 CDBG Program
NOFA 05/17/2016
City of Ukiah
16-CDBG-11147
Page 15 of 21
EXHIBIT D
C. An expenditure which is not authorized by this Agreement or which cannot be adequately
documented shall be disallowed and must be reimbursed to the Department or its
designee by the Grantee. Expenditures for grant activity(ies) not described in Exhibit A
shall be deemed authorized if the performance of such grant activity(ies) is approved in
writing by the Department prior to the commencement of such grant activity(ies).
Absent fraud or mistake on the part of the Department, the determination by the
Department of the allowability of any expenditure shall be final.
E. For the purposes of annual audits under OMB Circular A-133, Grantee shall use the
Federal Catalog number 14.228 for the State CDBG Program.
Pursuant to OMB Circular A-133, the Grantee shall perform an annual audit at the close of
each fiscal year in which this Agreement is in effect. Audit costs for this Agreement are a
general administration expense and are subject to the general administration expenditure
limits associated with this Agreement. The costs of the CDBG-related portion of the audit
may be charged to the program in accordance with Public Law 98-502, OMB Circular
A-133, and Section 7122 of Title 25 CCR.
Notwithstanding the foregoing, the Department will not reimburse the Grantee for any audit
cost incurred after the expenditure deadline of this Agreement.
1) The audit shall be performed by a qualified State, department, local or independent
auditor. The agreement/contract for audit shall include a clause which permits
access by the Department to the independent auditor's working papers.
2) If there are audit findings, the Grantee must submit a detailed response to the
Department for each audit finding. The Department will review the response and,
if it agrees with the response, the audit process ends and the Department will notify
the Grantee in writing. If the Department is not in agreement, the Grantee will be
contacted in writing and informed what corrective actions must be taken. This
action may include the repayment of disallowed costs or other remediation.
3) The Department shall not approve reimbursement for any expenditures for the
audit, prior to receiving an acceptable audit report.
4) If so directed by the Department upon termination of this Agreement, the Grantee
shall cause all records, accounts, documentation and all other materials relevant to
the grant activity(ies) to be delivered to the Department as depository.
32. 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.
2016 CDBG Program
NOFA 06/17/2016
EXHIBIT D
33. Citizen Participation
City of Ukiah
16-CDBG-11147
Page 16 of 21
The Grantee is subject to the requirements concerning citizen participation contained in Federal
Regulations at 24 CFR, Part 570.486, Local Government Requirements, Part 91.105 and 91 115.
34. Flood Disaster Protection
A. This Agreement is subject to the requirements of the Flood Disaster Protection Act (FDPA)
of 1973 (Public Law 93-234). No portion of the assistance provided under this Agreement
is approved for acquisition or construction purposes as defined under FDPA, Section 3(a)
of said act, for use in an area identified by the Secretary of HUD as having special flood
hazards which is located in a community not then in compliance with the requirements for
participation in the national flood insurance program pursuant to FDPA, Section 102(d) of
said act.
B The use of any assistance provided under this Agreement for such acquisition or
construction in such identified areas in communities then participating in the national flood
insurance program shall be subject to the mandatory purchase of flood insurance
requirements of FDPA, Section 102(a) of said act.
Any contract or agreement for the sale, lease, or other transfer of land acquired, cleared or
improved with assistance provided under this Agreement shall contain certain provisions.
These provisions will apply if such land is located in an area identified by the Secretary of
HUD as having special flood hazards and in which the sale of flood insurance has been
made available under the National Flood Insurance Act of 1968, as amended, 42 U.S.0
4001 et seq.
D These provisions shall obligate the transferee and its successors or assigns to obtain and
maintain, during the ownership of such land, such flood insurance as required with respect
to financial assistance for acquisition or construction purposes under FDPA, Section
102(s) of the Flood Disaster Protection Act of 1973. Such provisions shall be required
notwithstanding the fact that the construction on such land is not itself funded with
assistance provided under this Agreement
35. Procurement
The Grantee shall comply with the procurement provisions in 24 CFR, Part 85 36, Administrative
Requirements for Grants and Cooperative Agreements to State, local and federally recognized
Indian tribal governments.
36. Program Income
A General Requirements - Pursuant to the definition of PI found at 24 CFR 570.489(e)(2),
repayments of assets generated from use of CDBG funds received by the Grantee from
the Department are PI. These repayments of loans, lease payments, and proceeds of
asset sales will be deposited into one of three separate local PI accounts depending on
what activity generated the PI.
2016 COBG Program
NOFA 05/17/2016
1
City of Ukiah
16-CDBG-11147
Page 17 of 21
EXHIBIT D
The three separate PI accounts are:
a) General P1 (which, if less than $35,000 and is received within one fiscal year
may be defederalized),
b) Housing (1-4 units) Revolving Loan Fund (RLF): and,
c) ED RLF.
2) Once the Grantee has a Department approved Housing (1-4 units) RLF or ED
RLF, any PI received that was generated by the associated RLF activity must be
deposited into that RLF
This means PI received for Housing (1-4 units) activities must be deposited into the
Housing RLF, and any ED PI received must be deposited into the ED RLF.
Note: PI and each RLF must be in separate interest bearing accounts.
3) If the Department has not approved a RLF, the Grantee must deposit all CDBG PI
payments into a single interest bearing PI account.
4) If repayment comes from a loan or asset that was originally paid with CDBG and
non-CDBG funds, the PI accounting and reporting must reflect the correct
proportions and amounts, based on the CDBG and non-CDBG funds invested in
the asset. Only the CDBG PI portion of the repayment is deposited into the
CDBG PI or RLF account.
5) In order to spend PI, a Grantee must either have an active contract (a contract
where the expenditure deadline has not passed), or a Department approved PI
Reuse Agreement (Reuse Agreement) dated July 2014 or later.
PI and RLF Monies for Active Grant Contract Activities: All PI on hand must be always be
expended on active contract activities prior to requesting contract funds from the
Department
If the Grantee has a Department approved RLF as well as an active contract that includes
funding for the same RLF activity, the RLF funds on hand must be expended before
requesting contract activity funds reimbursement from the Department.
C PI General Administration (PI GA) for Grant Administration Costs (up to allowable limits):
A Grantee is allowed to use up to seventeen percent (17%) of all PI received for eligible
GA costs. Since all PI must be expended first (before requesting reimbursement from
contract funds), GA funds cannot be held and set aside to be used for PI GA costs as they
are incurred. All PI must be spent on CDBG eligible costs before the next funds request
may be submitted.
Thus, the Grantee must track an accounting of the 17% GA received and all GA
expenditures. However, the PI GA allowance only applies to PI received that is not
generated by RLF activities.
2016 CDBG Program
NOFA 05/17/2016
City of Ukiah
16-CDBG-11147
Page 18 of 21
EXHIBIT D
RLF payments are not eligible for PI GA calculations.
PI GA funds cannot be used for planning studies; planning studies can only be funded
under awarded grant contracts. See the PI Chapter of the Grant Management Manual
(GMM) for further details on eligible PI GA activities under this Agreement.
PI for an Approved RLF Activity: The two eligible RLFs and their corresponding
definitions, as permitted by the Reuse Agreement, are:
1) Housing RLF - Eligible housing activities under this RLF include:
a) Housing Rehabilitation - Single Unit Residence Program for owner and/or
tenant occupied properties - Matrix Code 14A.
b) Housing Rehabilitation - 2 to 4 Units Program for tenant occupied
properties - Matrix Code 14B.
c) Housing Acquisition - Single Family Program for homebuyer
assistance - Matrix Code 13.
2) ED RLF
Eligible ED activities under this RLF include'
a) Business Assistance Program (direct financial assistance to a for-profit
business) - Matrix Code 18A.
b) Microenterprise Financial Assistance (loans) - Matrix Code 18C.
Written Department approval must be received before incurring any costs
associated with any RLF activities. All approved RLF projects must be
reported to the Department via the applicable Project Set-Up/Completion
Reports.
Any PI that a Grantee expends on RLF activities becomes RLF funds and
must be included in the RLF when repayment is received.
E Grantees Leaving or Entering the State Non -Entitlement Program: Grantees must
certify adherence to all State CDBG PI/RLF procedures when leaving or entering the
State CDBG Program, including:
1) 24 CFR 570.489(e)(3)(iii) Transfer of PI to Entitlement Program'
A Grantee that either is an entitlement communities or is part of an urban
agreement, or a Grantee that becomes an entitlement community or joins an
urban agreement, has the following PI and RLF options'
2016 CDBG Program
NOFA. 0507/2016
• ., r
City of Ukiah
16-CDBG-11147
Page 19 of 21
EXHIBIT D
PI not associated with a RLF:
a) A Grantee must certify they will be reporting the State PI and activity into the
Entitlement Programs process, including receipting CDBG proceeds and
disbursements into IDIS; or,
b) Return all State CDBG PI, including the amount of PI on hand at the time the
HUD agreement is fully executed and any future PI generated by State
CDBG funding to the Department, until all such State CDBG PI has been
returned.
PI in an approved RLF:
Entitlement jurisdictions and those who are part of an urban agreement may keep
their RLF(s) and monies within an RLF as long as the following is met
a) The entitlemenUurban agreement jurisdiction has a Reuse Agreement
signed by the Department and the City/County Authorized Representative
b) The entitlement/urban agreement jurisdiction will operate the RLF in
compliance with the Department's RLF rules into the future.
c) The entitlement/urban agreement jurisdiction will need to report on all
expenditures, and accounting of RLF(s) as required by the Department.
d) The entitlement/urban agreement jurisdiction will have loan servicing and
asset management policies and procedures defined and in place, pursuant
to the Department's Asset and Real Property Management Chapter in the
GMM.
2) 24 CFR 57O.489(e)(3)(iv) Transfer of PI of Grantees Losing Entitlement Status:
2016 CDBG Program
NOFA. 05/17/2016
Entitlement PI and PI generated by State CDBG funds cannot be comingled.
Within 90 days of leaving the Entitlement Program to join the State CDBG
Program, the authorized representative for any jurisdiction that has lost or has
relinquished its entitlement status must submit a letter to the Department
certifying that the jurisdiction will either:
a) Repay or retain PI generated under entitlement grants and continue to
comply with the Entitlement Program requirements for PI, including reporting
it into IDIS or to the urban county; or,
b) Retain the PI, identify the total PI and RLF on hand and loan portfolio
balances to be transferred to the State CDBG Program and agree that the
jurisdiction will comply with all of the State's rules for PI and RLF by
executing a Reuse Agreement and obtaining the Departments approval for
any RLFs.
EXHIBIT D
37. PI Reuse Agreement
City of Ukiah
16-CDBG-11147
Page 20 of 21
The Grantee must adopt and submit the most current Reuse Agreement provided by the
Department. The Reuse Agreement is not in effect until it has been executed by the Department
38. Obligations of Grantee with Respect to Certain Third Party Relationships
The Grantee shall remain fully obligated under the provisions of this Agreement notwithstanding
its designation of any third party or parties for the undertaking of all or any part of the Program with
respect to which assistance is being provided under this Agreement to the Grantee. The Grantee
shall comply with all lawful requirements of the Department necessary to ensure that the
Program, with respect to which assistance is being provided under this Agreement to the Grantee,
is carried out in accordance with the Department's Assurance and Certifications, including those
with respect to the assumption of environmental responsibilities of the Department under Section
104(g) of the Housing and Community Development Act of 1974 [42 U.S.C. 5304(g)].
39. 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).
40. State Contract Manual Requirements (Section 3.11, Federally Funded Contracts
f Rev. 31031:
A All contracts, except for State construction projects that are funded in whole or in part by
the Federal government, must contain a 30 -day cancellation clause and the following
provisions:
1) It is mutually understood between the parties that this contract may have been
written for the mutual benefit of both parties before ascertaining the availability of
congressional appropriation of funds to avoid program and fiscal delays that would
occur if the contract were executed after that determination was made.
2) This contract is valid and enforceable only if sufficient funds are made available to
the State by the United States Government for the purpose of this Program. In
addition, this contract is subject to any additional restrictions, limitations, or
conditions enacted by the Congress or to any statute enacted by the Congress that
may affect the provisions, terms, or funding of this contract in any manner.
3) The parties mutually agree that if the Congress does not appropriate sufficient
funds for the program, this contract shall be amended to reflect any reduction in
funds.
4) The department has the option to invalidate the contract under the 30 -day
cancellation clause or to amend the contract to reflect any reduction in funds.
2016 CDBG Program
NOFA. 05/17/2016
City of Ukiah
16-CDBG-11147
Page 21 of 21
EXHIBIT D
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 GC § 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.
2016 CDBG Program
NOFA 05/17/2016
4 r
City of Ukiah
16-CDBG-11147
Page 1 of 1
EXHIBIT E
SPECIAL TERMS AND CONDITIONS
These Special Terms and Conditions are specific for this Standard Agreement.
1 None
2016 CDBG Program
NOFA 05117/2016