HomeMy WebLinkAboutAGENDA REPORT 2021 0203 CCSA REG ITEM 10CCITY OF MOORPARK, CALIFORNIA
City Council Meeting
of February 3, 2021
ACTION Adopted Resolution No. 2021-
3990. BY B.Garza.
C. Consider a Resolution Approving an Application for Funding and Execution of a
Grant Agreement and Any Amendments Thereto from the 2019-2020 Funding
Year of the State Community Development Block Grant Mitigation Program.
Staff Recommendation: Adopt Resolution No. 2021-3990 supporting a
California Resilience Challenge grant application. (Staff: Mackenzie
Douglass)
Item: 10.C.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Kambiz Borhani, Finance Director
BY: Mackenzie Douglass, Program Manager
DATE: 02/03/2021 Regular Meeting
SUBJECT: Consider a Resolution Approving an Application for Funding and
Execution of a Grant Agreement and Any Amendments Thereto from
the 2019-2020 Funding Year of the State Community Development
Block Grant Mitigation Program
BACKGROUND
The California Department of Housing and Community Development (HCD) currently
administers disaster recovery funding, including the Community Development Block
Grant Mitigation (CDBG-MIT), Community Development Block Grant National Disaster
Resilient (CDBG-NDR), and the 2017 (CDBG-DR) Unmet Recovery Needs funding. In
response to the disaster events of 2017, including the Thomas Fire, HCD dedicated
$22,440,000 of the CDBG-MIT funds to create the Resilient Planning and Public
Services Program to fund eligible jurisdictions and non-profit entities to create projects
to address risks to, or across, community lifelines that support human health and safety
and provide mitigation for individual and community-based systems.
The intent of the program is to fund actionable, impactful Planning and Public Services
projects that have measurable results in risk reduction from natural hazards. Eligible
activities considered under this program include the creation or updating of current
plans for better alignment with mitigation principles or, in some cases, examining
hazards and establishing actions to increase resilience and preparedness.
DISCUSSION
On January 8, 2021, HCD published a Notice of Funding Availability (NOFA) for the
2020 Resilient Planning and Public Services Program (Attachment 1). The Grant will
award approximately $22.4 million in funding (to be awarded in amounts up to
$500,000) to local governments and agencies for a variety of resilient planning and
public service initiatives through a competitive process.
Item: 10.C.
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The NOFA describes that the selected proposals will serve to enhance critical lifelines,
inform the public, and leveraging resources through partnerships and coordination of
efforts.
Over the past several years, the cities of Moorpark, Simi Valley, and Thousand Oaks
have all suffered impacts as a result of natural disasters, including the Easy Fire,
Woolsey Fire, Thomas Fire, Maria Fire, and ongoing wind events that have resulted in
frequent Public Safety Power Shutoffs (PSPS).
In order to address the program’s preference for cooperative and coordinated
proposals, and in acknowledgement of our shared emergency management concerns,
staff are working with the cities of Simi Valley and Thousand Oaks on a grant proposal
that would fund the following activities:
o Study of Emergency Operations Center (EOC) interoperability strengths
and weaknesses, to be performed by third-party consultants.
o Preparation of evacuation plans, to be performed by third party
consultants.
o Training and exercises to improve EOC interoperability and improve
capabilities to accommodate mutual aid requests.
o Design, acquisition, installation, and maintenance of shortwave radio
communication equipment to provide inter-EOC communication
capabilities in the event of a loss of internet or cell phone communications.
o Assessment of needs, design, acquisition of hardware and software,
installation, implementation, and training to enable the remote operation of
a virtual EOC for each City.
o Purchase of emergency response equipment and supplies.
o Emergency Management staff salaries.
o Equipment and training for Community Emergency Response Teams
(CERT).
The maximum amount of the award is $500,000. If awarded, the grant funds would be
shared evenly between the three-applicant cities, for a maximum individual award of
$166,667 for each City.
Selected proposals must also enjoy broad community support. Proposals must be
received by February 19, 2021.
This grant opportunity directly aligns with the City’s work plan to update the 2014
Emergency Operations Plan and enhance the resiliency and interoperability of current
emergency management capabilities.
In order to maximize the competitiveness of the City’s grant application, staff is
requesting that the City Council adopt the attached resolution supporting the City’s grant
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application. If the grant is awarded to the City, future City Council action will be required
to accept and appropriate the funds.
FISCAL IMPACT
There is no fiscal impact associated with supporting the City’s 2019-2020 Funding Year
of the State CDBG-MIT Program grant application. If awarded, these funds will partially
offset costs to the City associated with emergency management activities.
COUNCIL GOAL COMPLIANCE
This action does not support a current strategic directive.
STAFF RECOMMENDATION
Adopt Resolution No. 2021-____ supporting a California Resilience Challenge grant
application.
Attachment 1: 2019-2020 Funding Year of the State CDBG-MIT through NOFA
Attachment 2: Draft Resolution No. 2021-____
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STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
JANUARY 8, 2021
MEMORANDUM FOR: All Potential Applicants
FROM: Jennifer Seeger, Deputy Director
Division of Financial Assistance
SUBJECT: Community Development Block Grant–Mitigation
Notice of Funding Availability
The California Department of Housing and Community Development (Department) is
pleased to announce the availability of approximately $22.4 million in Community
Development Block Grant Mitigation (CDBG-MIT) funding for the Resilient Planning and
Public Services Program through this Notice of Funding Availability (NOFA).
The amount of funding available could be increased, or even greatly exceed, the
announced amount in this NOFA depending on a number of factors. These factors may
include, but are not limited to, HCD’s administrative determination of need, changes in
legislation directing HCD to make additional funds available, new emergency allocations
of funding, or newly available funding from disencumbrances of previous awards. If
additional funding becomes available, HCD will continue evaluating the list of qualified
applicants and make awards up to the additional funding amount available.
The amount of funds available as announced in this NOFA shall be allocated between
Planning and Public Services as identified in the approved 2018 CDBG-Mitigation
Action Plan for 2017 Disasters and the 2020 CDBG-Mitigation Planning and Public
Services Policies and Procedures Manual .
Funding from this NOFA can be used for a variety of activities to increase mitigation and
resilience, including:
1.Planning and Capacity Building
2.Public Services
The Department will be accepting competitive applications through the eCivis Grants
Management System portal beginning January 8, 2021. All applications must be
submitted by no later than 5:00 PST on February 19, 2021.
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF FINANCIAL ASSISTANCE
2020 W. El Camino Avenue, Suite 670, 95833
P.O. Box 952054 Sacramento, CA 94252-2054
(916) 263-2771
www.hcd.ca.gov
ATTACHMENT 1
355
Community Development Block Grant–Mitigation
NOFA January 8, 2021
Page 2
NOFA Deadlines
NOFA Release January 8, 2021
Application
submittal Start
Date:
January 8, 2021, 9:00 a.m. Pacific Standard Time (PST)
Application
Due Date:
February 19, 2021, 5:00 p.m. PST
Applicants who do not have a profile set-up already in the eCivis Grants Network
system are encouraged to set-up profiles in the eCivis portal located at
https://portal.ecivis.com/#/login as soon as possible. Profile set-up instructions can be
found in the Manual or by watching the Applicant Webinar. Applicants are encouraged
to begin the application process early to ensure successful submission before
application deadlines. If you have any trouble logging into the portal or have questions
on how to complete the online application, please contact HCD at
mitigation@hcd.ca.gov.
The Department will hold a workshop on January 20, 2021 to review the NOFA and
application process. A link to the Grants Network portal, along with a list of workshop
dates and times and how to register, is available on HCD’s CDBG-MIT webpage at
CDBG-MIT.
To receive CDBG-MIT NOFA FAQs and other Program information and updates,
please subscribe to the Federal Programs listserv at https://www.hcd.ca.gov/hcd_ssi/
subscribe-form.html.
If you have any questions, please submit them to mitigation@hcd.ca.gov.
356
Community Development Block Grant
Resilient Planning and Public Services Program
2020 Notice of Funding Availability
Gavin Newsom, Governor
State of California
Lourdes M. Castro Ramírez, Secretary
Business, Consumer Services and Housing Agency
Gustavo Velasquez, Director
California Department of Housing and Community Development
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
Telephone: (916) 263-2771
Website: CDBG-MITIGATION
Community Development Block Grant-Mitigation Program email:
mitigation@hcd.ca.gov
January 8, 2021
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Table of Contents
Notice of Funding Availability ......................................................................................................... 1
NOFA Deadlines ............................................................................................................................... 2
I. Overview .................................................................................................................................... 5
II. Terms and Definitions .............................................................................................................. 8
III. Nondiscrimination ..................................................................................................................... 9
IV. Allocation ................................................................................................................................... 9
V. Eligible Activities .................................................................................................................... 11
VI. National Objectives ................................................................................................................. 13
VII. Eligibility Criteria ..................................................................................................................... 14
VIII. Funding and activity Limits .................................................................................................... 18
IX. Application Criteria and Prioritization ................................................................................... 20
X. Activity Delivery Costs ........................................................................................................... 22
XI. Additional requirements ......................................................................................................... 23
XII. Contents of application .......................................................................................................... 24
XIII. Mandatory Department resolution ......................................................................................... 24
XIV. Application submission ......................................................................................................... 24
XV. Application review, approval, and commitment process ................................................... 26
XVI. Appeal criteria and process .................................................................................................. 27
XVII. Awards announcement and grant implementation ........................................................... 28
XVIII. Federal program requirements ........................................................................................... 29
XIX. Appendices ............................................................................................................................ 31
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2020 COMMUNITY DEVELOPMENT BLOCK GRANT
MITIGATION RESILIENT PLANNING AND PUBLIC SERVICES PROGRAM
NOTICE OF FUNDING AVAILABILITY
I. Overview
A. Program Authority
The California Department of Housing and Community Development (HCD) currently
administers disaster recovery funding, including the CDBG-Mitigation (CDBG-MIT),
CDBG National Disaster Resilient (CDBG-NDR), and the 2017 CDBG-DR Unmet
Recovery Needs funding. In response to the disaster events of 2017, HCD dedicated
$22,440,000 of the CDBG-MIT funds to create the Resilient Planning and Public
Services Program to fund eligible jurisdictions and non-profit entities to create
projects to address risks to, or across, community lifelines that support human health
and safety and provide mitigation for individual and community-based systems.
In accordance with Section V.A.10 of the Federal Register Notice (84 FR 45838),
which outlines the governing principles of the CDBG-MIT funding, HCD promotes
expansions of local and regional planning initiatives consistent with those of
entitlement communities. The program’s scope and budget are consistent with the
U. S. Department of Housing and Urban Development’s (HUD) request in
84 FR 45838 to ensure planning and education are key components in utilizing this
initial allocation of CDBG-MIT dollars.
The CDBG-MIT Action Plan outlines the overall state and federal requirements for
the program made available through this NOFA. In addition to the Policies and
Procedures, program participants must comply with federal regulations contained in
84 FR 45838 Code of Federal Regulations (CFR); 24 CFR §570, Subpart I; 24 CFR
§58; and 2 CFR §200. If Congress or the state Legislature add or amend any
requirements concerning the use or management of these funds, Grantees shall
comply with such requirements. See 24 CFR §570.480 et seq. for additional general
provisions.
B. Program Description and Eligibility
The intent of the program is to fund actionable, impactful Planning and Public
Services projects that have measurable results in risk reduction from natural
hazards. Planning projects funded under the program may be tied to implementation
efforts either within the related MIT-Resilient Infrastructure Program (MIT-RIP) or
other projects to reduce risk and increase resilience. If a project is not tied directly to
implementation, the focus of the planning project should be actionable, measurable,
and able to be utilized by jurisdictions immediately. Eligible activities considered
under this program include the creation or updating of current plans for better
alignment with mitigation principles or, in some cases, examining hazards and
establishing actions to increase resilience and preparedness. Entities may also use
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the funding to increase public services through establishing educational campaigns
or local job training initiatives to ensure disaster preparedness is a vital component
of their communities’ resilience efforts going forward.
Additionally, HCD will consider awards for funding under this program to local
jurisdictions who may be eligible for the MIT-RIP but need to build capacity prior to
implementing projects.
Eligible Applicants include:
1. Jurisdictions that have eligible projects and are located within the most impacted
and distressed (MID) areas.
2. Jurisdictions within the federally declared disasters DR-4344 and DR-4353
impacted counties that develop an eligible mitigation Planning and/or Public
Services project that directly benefits the MID.
3. Non-profit organizations with demonstrated experience in the area that develops
an eligible mitigation Planning and/or Public Services project that directly benefits
the MID
Projects must benefit the area designated by HUD as MID areas within the disaster
declared impacted counties under federally declared disasters DR-4344 and DR-
4353. Geographic eligibility is further defined in Section VII and a list of eligible
jurisdictions is provided in Appendix A. Only organizations serving the eleven (11)
counties identified in Appendix A can be served by this NOFA.
Planning activities do not have to meet a National Objective. Public Services
projects must meet one of two National Objectives, either benefit low- to moderate-
income (LMI) individuals or meet an unmet need mitigation. These are further
defined in Section VI.
Mitigation and resilience are best gained through collaborative approaches with
multiple stakeholders. HCD will encourage coordination among eligible Applicants to
increase coordination across organizational and geographical boundaries and to
improve project outcomes.
Planning and Public Services projects funded under this program should be inclusive
of all residents and community stakeholders.
Additionally, given that resources do exist within the state to address planning
efforts, including within HCD, additional technical assistance to Applicants and
coordination with other state and local partners will ensure there is no Duplication of
Benefits. While local stakeholders have indicated the need for planning dollars,
HCD will ensure that potential Applicants have exhausted all other avenues of
funding prior to receiving an award from this program.
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C. Timeline
The timeline below identifies deadlines for the CDBG-MIT program application
process. The program term is three years after execution of a Standard Agreement
with HCD. The timeline assumes a two-month period from grant award to Standard
Agreement. The timeline may be modified.
Milestone Due Date
Q&A Webinar on program October 14, 2020
Publish program Policies and
Procedures Published
Release NOFA and Application January 8, 2021
NOFA Workshop (Webinar) January 20, 2021
Deadline to Submit Application February 19, 2021
Execute Standard Agreement TBD
Project Completion Deadline July 2024
Closeout Grant July 2025
Applications submitted before the application start date or after the respective
due date or closing date will not be accepted. There will be no exceptions. The
Department recommends Applicants plan to submit prior to the final due or closing
date to provide opportunity for troubleshooting if needed. Each application will be
digitally time stamped upon submittal.
D. What is in this NOFA
This NOFA dedicates funds available through a special Congressional appropriation
to increase mitigation within communities impacted by disasters in 2015, 2016, and
2017.
This NOFA allocates funds to the Resilient Planning and Public Services Program,
which will fund eligible jurisdictions, non-profit entities, to create projects that
address risks to, or across, community lifelines that support human health and safety
and provide mitigation for individual and community-based systems.1
1 Federal Emergency Management Agency. Community Lifelines. https://www.fema.gov/emergency-
managers/practitioners/lifelines
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II. Terms and Definitions
Acronym Meaning
CDBG-MIT Community Development Block Grant Mitigation grant allocation
HCD California Department of Housing and Community Development
HCDA The Housing and Community Development Act of 1974
HUD U.S. Department of Housing and Urban Development
MID U.S. Department of Housing and Urban Development Most Impacted and
Distressed (MID) Areas
NOFA Notice of Funding Availability
UNM Unmet Need Mitigation
Community Lifelines2: FEMA defines these lifelines as critical business, government,
and essential services that provide health, safety, and economic security within a
community. Community lifelines in preparedness planning and recovery provide details
on the critical functions and stakeholders that facilitate the most effective response and
get services and infrastructure back online after a disaster.
Duplication of Benefits (DOB): Financial assistance received from another source that
is provided for the same purpose as the CDBG-MIT funds: The Robert T. Stafford
Disaster Assistance and Emergency Relief Act (Stafford Act) prohibits any individual,
business concern, or other entity from receiving financial assistance from CDBG NDR
funding with respect to any part of the loss resulting from a major disaster as to which
he/she has already received financial assistance under any other program or from
insurance or any other sources. It is an amount determined by the program that may
result in the reduction of an award value.
Eligible Applicant: means any city or county governments or non-profit organization
that applies for funds pursuant to Applicant eligibility section. (See: Subrecipient)
Low- to moderate-income (LMI): LMI individuals are those having incomes not more
than the moderate-income level (80% Area Median Income) set by the federal
government for the HUD-assisted housing programs. This income standard changes
from year to year and varies by household size, county, and the metropolitan statistical
area.
Mitigation: According to HUD, those activities that increase resiliency resilience to
disasters and reduce or eliminate the long-term risk of loss of life, injury, damage to and
loss of property, and suffering and hardship, by lessening the impact of future disasters.
2 FEMA Community Lifelines. https://www.fema.gov/emergency-managers/practitioners/lifelines
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Most Impacted and Distressed (MID): An area that meets the definition of MID set by
HUD in the Federal Register Notice. For purposes of the unmet needs allocation, HUD
has defined MID as an area (county or zip code) that meets the following criteria:
o Individual Assistance/Individual and Households Program (IHP) designation. HUD
has limited allocations to those disasters where FEMA had determined the damage
was sufficient to declare the disaster as eligible to receive IHP funding.
o Concentrated damage. HUD has limited its estimate of serious unmet housing need
to counties and zip codes with high levels of damage, collectively referred to as
‘‘most impacted areas’’. For this allocation, HUD is defining most impacted areas as
either most impacted counties—counties exceeding $10 million in serious unmet
housing needs—and most impacted zip codes—zip codes with
$2 million or more of serious unmet housing needs. The calculation of serious unmet
housing needs is described below.
o Disasters meeting the most impacted threshold. Only 2017 disasters within the
threshold are funded: (a) One or more most impacted county; and/or (b) An
aggregate of most impacted zip codes of $10 million or greater than was declared by
the President to be a major disaster area under the Stafford Act for a disaster event
occurring in 2017.
Subrecipient: A non-federal entity that receives a subaward from a pass‐ through
entity to carry out part of a Federal program; but does not include an individual that is a
beneficiary of such a program. Upon award, Applicants become Subrecipients.
U.S. Department of Housing and Urban Development (HUD): Federal department
through which the CDBG-MIT funds are provided to HCD.
III. Nondiscrimination
All Applicants will be required to comply with the nondiscrimination, fair housing and
civil rights clauses included in Draft Standard Agreement Exhibit D.
IV. Allocation
A. Funding
Funds will be allocated according to federal regulations found in 84 FR 45838, 24
CFR §570 and the CDBG-MIT Action Plan. For more information, please reference
the CDBG-MIT Action Plan and Program Policies and Procedures located at CDBG-
MITIGATION.
1. Program allocations
HCD allocated approximately $22,440,000 to the Resilient Planning and Public
Services Program to address the expressed needs for mitigation planning and
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public services.
The amount of funding available could be increased, or even greatly exceed, the
announced amount in this NOFA depending on a number of factors. These
factors may include, but are not limited to, HCD’s administrative determination of
need, changes in legislation directing HCD to make additional funds available,
new emergency allocations of funding, or newly available funding from
disencumbrances of previous awards.
If additional funding becomes available, HCD will continue evaluating the list of
qualified applicants and make awards up to the additional funding amount
available.
In accordance with Section V.A.10 of Federal Register Notice (84 FR 45856),
HCD will promote expansions of local and regional planning initiatives that would
be consistent with those of entitlement communities. The program’s scope and
budget are consistent with HUD’s request in the Notice to ensure planning and
education are key components in utilizing this initial allocation of CDBG-MIT
dollars. At this time, the allocation is further divided into two components:
• Resilient Planning, including capacity building: $13,200,000
• Resilience Public Services: $9,240,000
2. Insufficient demand
If there is insufficient demand for an identified allocation, HCD may make awards
to other qualifying activities to meet the timeliness of federal funds requirements.
3. Department rights
HCD reserves the right, at its sole discretion and at any time, to rescind, suspend
or amend this NOFA and any or all of its provisions. If such an action occurs,
HCD will notify interested parties via its listserv email tool and website.
B. Conditions
Applicants and awardees acknowledge that the funding opportunities referenced in
this NOFA, and all obligations of HCD herein, are expressly subject to and
conditioned upon the ongoing availability of funds, as well as the continued authority
of HCD to operate the Resilient Planning and Public Services Program. IN the event
that funds are not available to fund any, or all, activities offered herein, or if HCD’s
authority to operate the Resilient Planning and Public Services Program or act under
this NOFA is eliminated, or in any way restricted, HCD shall have the option, at its
sole discretion, to amend, rescind, suspend, or terminate this NOFA and any
associated funding pursuant to the provision set forth immediately above. This
NOFA is not a commitment of funds to any activity or Applicant.
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HCD reviews and approves project applications, ensuring compliance with the
program policies and procedures, as well as applicable state and federal regulations.
Applications demonstrate ability to comply with applicable laws and regulations
associated with Fair Housing, Civil Rights, and Section 3 of the Housing and Urban
Development Act of 1968 (12 U.S.C. 1701u) in project delivery. HCD evaluates all
submitted applications and awards are made until no remaining funding is available
within the program budget.
HCD ensures flexibility in identifying and prioritizing the projects that provide the
most mitigation benefits, while also adhering to HUD requirements for this grant.
HCD monitors and provides technical assistance to its Subrecipients throughout
program implementation.
C. Applicant responsibility
It is the Applicant’s responsibility to ensure that the application submitted is clear,
complete, and accurate. After the application submittal deadline, HCD may request
clarifying information, provided that such information does not affect the competitive
ranking of the application. No information will be solicited or accepted if such
information results in a competitive advantage to an Applicant. No Applicant may
appeal HCD’s evaluation of another Applicant’s application.
V. Eligible Activities
All programs must qualify as an eligible activity defined by HUD. The eligible activities
for this program are:
• HCDA Section 105(a)(8) – Public Services
Provision of public services, including but not limited to those concerned with
employment, crime prevention, childcare, health, drug abuse, education, energy
conservation, welfare or recreation needs, if such services have not been provided
by the unit of general local government.
• HCDA Section 105(a)(12) – Planning and Capacity Building
Activities necessary to develop a comprehensive community development plan, and
develop a policy-planning-management capacity so that the recipient of assistance
under this title may more rationally and effectively (i) determine its needs, (ii) set
long-term goals and short-term objectives, (iii) devise programs
and activities to meet these goals and objectives, (iv) evaluate the progress of such
programs in accomplishing these goals and objectives, and (v) carry out
management, coordination, and monitoring of activities necessary for effective
planning implementation.
The planning activities under the Resilient Planning and Public Services Program can
include: the creation of new plans that examine hazards and establish actions for
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increasing resilience and preparedness; projects that update current plans to better
align with mitigation principles are eligible and capacity building for Subrecipients
intending to participate in future rounds of the CDBG-MIT Resilient Infrastructure
Program.
Entities may also use the funding to increase public services through projects such
as: establishing educational campaigns or local job training initiatives to ensure
disaster preparedness is a vital component of their communities’ resilience efforts
going forward. To meet the requirements of providing accessible service to
community members with language and/or functional needs, funds may be used to
support language access services and effective communication strategies for
individuals with disabilities.
The eligible activities above allow for regional or local jurisdictions and nonprofit
organizations to submit appropriate applications for funding based on their individual
mitigation needs as outlined within the Mitigation Needs Assessment.
Planning and Public Service projects implemented under this program may include,
but are not limited to:
A. Planning
• Creation of or updates to Community Wildfire Protection Plans, earthquake
plans, flood protection and/or evacuation plans,
• Addition of resilience or safety elements (e.g. evacuation routes or forest and
vegetation management) to local comprehensive plans, and
• Additional planning that serve to enhance critical lifelines.
• Capacity building for jurisdictions interested in the Resilient Infrastructure
Program.
B. Public Services
• Establishment of mitigation-related outreach and educational campaigns
regarding proper disaster evacuation, disaster preparedness, and risk
reduction initiatives,
• Additional public services that serve to enhance critical lifelines,
• Funding for local governments and non-profit organizations to perform
additional services to inform the public on resilience-focused activities,
• Capacity building through job training programs that train LMI individuals to
work on community mitigation projects,
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• Leveraging resources through partnerships and coordination of efforts, and
• Code enforcement activities, including training and staffing.
VI. National Objectives
In accordance with 24 CFR §570.208, Section 104(b)(3) of the HCDA, and as further
outlined within the waivers and alternative requirements at 84 FR 45838, all CDBG- MIT
funded activities must satisfy either the LMI or the new UNM National Objective.
HUD has created a new National Objective - UNM – for CDBG-MIT programs. This
National Objective provides a better fit for CDBG-MIT activities that aim to address risks
that does not tie back to the disaster events of the 2017 CDBG-DR funding, or
subsequent disasters.
Projects using the UNM National Objective must provide documentation that
demonstrates a measurable and verifiable impact on reducing risks at the completion of
the activity.
• Address the current and future risks as identified in the Mitigation Needs
Assessment of the most impacted and distressed areas; and
• Result in a measurable and verifiable reduction in the risk of loss of life and
property.
Planning activities do not require a National Objective be established. 84 FR 45838
governing the MIT allocation describes planning efforts as addressing the National
Objectives without the limitation of any circumstances. All Public Services activities meet
one National Objective criterion, LMI or UNM, related to its specific mitigation impact and
defined direct benefits or service area.
The prioritization criteria below for the Public Services component of the program ensures
that proposed projects, at a minimum, address how they affect vulnerable and LMI
populations. HCD’s analysis of LMI Summary Data (LMISD) of the MID within the
Mitigation Needs Assessment indicates only one MID (the Lake County zip code) as being
51 percent or more LMI. In order to identify activities, which may meet the LMI National
Objective, HCD requires local entities to look at LMISD on a block group level to
determine project target areas and whether an LMI area benefit (LMA) exists.
A. Other National Objective(s)
Slum and Blight: Unless HCD receives prior approval from HUD, the slum and blight
National Objective designation may not be used for CDBG-MIT activities.
B. National Objective Compliance
Under CDBG-MIT, a tie back to a prior disaster is not required; however, eligible
projects must occur within the MID area. HCD must demonstrate compliance with LMI
or UNM National Objectives for its CDBG-MIT activities.
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VII. Eligibility Criteria
A. Geographic Eligibility
Projects must benefit the area designated by HUD as the most impacted and
distressed areas (MID) within the disaster declared impacted counties under DR-
4344 and DR-4353.
The map in Appendix A shows the DR-4344 and DR-4353 impacted counties, the
two MID Counties (Sonoma and Ventura) and five MID Zip Codes:
• 95470 – Mendocino County
• 95901 – Predominantly Yuba County
• 94558 – Predominantly Napa County
• 95422 – Predominantly the City of Clearlake in Lake County
• 93108 – City of Montecito, located in Santa Barbara County
B. Applicant Eligibility Criteria
Eligible Applicants are:
1. Jurisdictions that have eligible projects and are located within the MID areas,
OR
2. Jurisdictions within the DR-4344 and DR-4353 impacted counties that develop an
eligible mitigation Planning and/or Public Services project that directly benefits the
MID, OR
3. Non-profits with demonstrated experience in the area that develop an eligible
mitigation Planning and/or Public Services project that directly benefits the MID.
Further,
1. An eligible Applicant may apply on its own behalf.
2. An eligible Applicant may apply on behalf of one or more other eligible
Applicants.
3. Two or more eligible Applicants, which share a program, may submit a joint
application.
C. Project Eligibility Criteria
Proposed projects will be assessed by HCD. Specific eligibility criteria include:
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1. The proposed project must be located in, or be shown to have, a demonstrable
benefit to a HUD-designated MID area;
2. CDBG-MIT funded public services activities must satisfy either the LMI or UNM
National Objective as described in Section VI. However, according to 84 FR
45838, planning efforts address the National Objectives without additional
requirements; All sources of funding required to complete the project must be
identified and secured or readily accessible;
3. The proposed project must meet the definition of a mitigation activity; and
4. The Applicant must demonstrate sufficient capacity to manage and operate
project specific CDBG-MIT funding.
D. Eligible and Ineligible Costs
1. Eligible Costs
CDBG-MIT awards under the Resilient Planning and Public Services Program
may fund costs generally considered eligible within HUD’s CDBG guidelines, with
consideration given to certain costs typically related to emergency management,
disaster response, or disaster preparedness that are not generally eligible for
CDBG funding but provide a demonstrable benefit to the community per the
definition of a mitigation activity.
According to 84 FR 45838, mitigation activities are defined as those activities that
increase resilience to disasters and reduce or eliminate the long-term risk of loss
of life, injury, damage to and loss of property, and suffering and hardship, by
lessening the impact of future disasters.
Examples of eligible planning costs include, but are not limited to:
• Preparation, adoption, and implementation of a general plan or general plan
element that incorporates wildfire and climate risk, aligned with Government
Code §65302;
• Preparation, adoption, and implementation of other plans that incorporate
wildfire, flooding, earthquake, or climate risk (e.g., corridor plans);
• Supportive planning activities (e.g., community engagement, scoping, and pre-
planning activities) that advance development of a general plan or general plan
element update;
• Staff time for planning activities, including:
Coordination, collaboration, oversight, and management of planning
vendors;
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Activities necessary to procure a planning vendor;
Quality Assessments/Quality Control and review of deliverables;
Monitoring, reporting, invoicing, and evaluation;
Outreach and coordination with citizens and stakeholders; and
Coordination, compilation, development, or analysis of new or existing data
and studies.
• Data, analysis, studies, and maps;
• Certain moveable property, software, and indirect costs;
• Activities necessary to develop a mitigation plan. These activities could
include:
Data gathering and analysis, participating, and contributing to
necessary studies or mapping effort;
Outreach and coordination with citizens and stakeholders;
Communications and messaging;
Participation in development of vision, goals, objectives, and activities;
Participation in development of implementation strategy;
Review of the findings; and
Drafting of plan.
• Equipment and software necessary to conduct the activity, and
• Vendor activities necessary to develop a mitigation plan or outreach
campaign.
Examples of eligible public services costs include, but are not limited to:
• Educational campaigns to increase mitigation amongst communities,
• Job training programs to increase economic opportunities within mitigation
activities, and
• Public safety measures to protect communities from wildfire, earthquake, or
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flood hazards.
2. Ineligible Costs
The following items are ineligible uses of program funding:
• Construction or construction-related activities, including capital
improvements to existing facilities;
• Immovable equipment purchase, lease, or maintenance;
• Purchase of land and buildings;
• Political or religious activities;
• Entertainment, including amusement, diversion and social activities, food and
beverages associated with training, and other work activities;
• Costs associated with preparation of the grant application;
• Travel not associated with the training of staff;
• Donations and contributions, including cash, services, or property;
• Fundraising activities; and
• Investments in instruments or for the sole purpose of a return on
investment.
E. 2 CFR §200 Compliance
The Applicant must demonstrate to the satisfaction of HCD that it is in compliance
with the financial management requirements of 2 CFR §200, including the single audit
requirements of 2 CFR §200.501. The Applicant must provide HCD with its most
recent single audit, if applicable.
If the Applicant has open single audit findings and does not have a plan or
agreement to remediate those findings, the Applicant will be deemed ineligible for
funding through the CDBG-MIT program until the findings are resolved or a
remediation plan or agreement is established.
If Subrecipient is procuring for services, Subrecipient is required to adopt
procurement procedures as required in 2 CFR §§200.318 - 326. All procurement
transactions funded in whole or in part with CDBG-DR funds, regardless of dollar
amount, must be conducted to provide “maximum open and free competition”.
2 CFR §200.318(i) requires that Subrecipients maintain records sufficient to detail
the significant history of each procurement.
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All contracts and agreements procured by the Subrecipient for use under the
Resilient Planning and Public Services Program must be reviewed and approved by
HCD. For new contracts, HCD approval should occur prior to execution. For
previously procured contracts that are active, the Subrecipient must provide the
procurement file to HCD for review and verification of compliant procurement that
conforms to the minimum requirements found at 2 CFR §§200.318 – 326 prior to
expending funds under said contract. HCD’s approval of the procurement and
contract shall be issued in writing.
F. Federal debarment
The Department will not award any CDBG-MIT funds to Applicants that are
debarred, suspended, proposed for debarment, and declared ineligible or voluntarily
excluded from participation from federally assisted programs.
Applicants are responsible for providing proof that all program partners,
Subrecipients, contractors, and any other program participants, current or future, are
not debarred. Applicants must provide proof from the federal System for Award
Management that the Applicant, all application partners, and any Subrecipients,
developers, consultants, and contractors participating in the application, the potential
administration of the award, or the potential implementation of the activity are not
debarred.
Per 2 CFR §200.213, Subrecipient shall not enter into any agreement, written or
oral, with any contractor, vendor, or other party without the prior determination that
the contractor, vendor, or other party is eligible to receive federal funds and is not
listed on the Federal Consolidated List of Debarred, Suspended, and Ineligible
Contractors.
G. Restrictions on multiple activities in the same political districts
HCD will encourage coordination among eligible Applicants to increase coordination
across organizational and geographical boundaries and to improve project
outcomes. Applications for eligible activities outside the Applicant's jurisdiction must
include a legally binding agreement, acceptable to HCD, with the city or county in
which the eligible activity is located.
VIII. Funding and activity Limits
A. Award Cap
Maximum awards per project under this program are capped at $500,000.
Exceptions to the maximum award amount are considered by the Internal Loan
Committee on a case-by-case basis, accounting for the amount of funding needed
beyond the award cap, the benefits of the proposed project, and other funding
included as leverage, among other factors. There is no limit to the number of project
applications an entity can submit; however, no single entity can receive more than a
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total of $2.5 million in CDBG-MIT funding under this program. This means that a
jurisdiction or organization may not receive more than $2.5 million even if they
receive an award for both components of this program – Planning and Public
Services.
Potential exceptions to the maximum award amount are reviewed on a case-by-
case basis. Exceptions may be allowed if the result meets one of the prioritization
goals below, particularly an increase in benefit to LMI individuals or communities
and/or an increase in project goals within the MID.
B. Terms of Assistance
Funds are awarded as grants for reimbursement of eligible costs. In order to meet
the expenditure deadline, Applicants who are granted an award will have three years
from execution of the Standard Agreement with HCD to expend the grant.
HCD may extend the expenditure deadline if needed.
The grant is disbursed on a reimbursement basis. HCD must ensure costs have
been incurred and reviews invoices and/or receipts submitted prior to
reimbursement. If at any time costs are deemed ineligible by HCD or HUD, the
Applicant is responsible for repayment.
C. Duplication of Benefits
A duplication of benefits occurs when financial assistance is received from another
source that is provided for the same purpose as the CDBG-MIT funds. Potential
sources include local, state, federal, or philanthropic funding received to address the
planning or public services activities. Failure to provide full disclosure of all
duplicative assistance received results in recapture of funds for those amounts that
are determined to be duplicative.
D. Recapture
HCD is responsible for ensuring that the CDBG-MIT funds awarded by HUD comply
with all state, federal, and local requirements. In situations where funds are
disbursed to a Subrecipient determined to be ineligible for assistance or are
sed for ineligible activities are handled, a Subrecipient may be required to repay all
or a portion of the funds received. The reasons for recapture include, but are not
limited to, the following:
1. Subrecipient does not comply with the terms of the Agreement;
2. A Subrecipient withdraws from the program prior to completion of the project
and/or fails to meet a National Objective;
3. A project does not meet the requirements specified in Section VII.D;
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4. A Subrecipient is found to have used program funds for an ineligible activity or
cost;
5. A Subrecipient receives assistance for the same purpose as the funded CDBG-
MIT Resilient and Recovery Program, including, but not limited to, other state,
federal, or philanthropic funding; and
6. Funds are remaining after the project is completed, the expenditure deadline has
passed, or the Standard Agreement has expired.
The method of recapturing funds and the timeframe for doing so are determined on
an individual project basis. However, the recapture method and timeframe is
consistent with 2 CFR §200 and other applicable cost principles. Complete recapture
provisions are included in the Standard Agreement with the Subrecipient and are
also included in any agreements between the Subrecipient and HCD.
E. Cost reasonableness guidance
HCD reimburses for eligible costs that are reasonable, as defined in
2 CFR §200.404. A cost is reasonable if, in its nature and amount, it does not
exceed that which would be incurred by a prudent individual under the
circumstances prevailing at the time the decision was made to incur the cost. HCD
may choose to determine standard reasonable costs for the reimbursement of
specific costs under this grant and denies costs that are determined to not conform
with the cost reasonableness requirements.
F. Milestones
The focus of the planning project should be actionable, measurable and able to be
utilized by jurisdictions immediately.
All CDBG-MIT-funded activities must be implemented according to the milestones
defined in the Standard Agreement. Applicants must include at least two milestones
per activity application – a milestone for activity initiation and a milestone for activity
closeout.
Additional milestones are optional, though encouraged for best practice activity
implementation.
IX. Application Criteria and Prioritization
A. Application criteria include:
• Purpose of the project
• Expected outcomes
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• Champions among decision makers and the communities
• Threshold Requirements
2. Project objectives and priority considerations: how the project and proposed
planning and public services activities advance communities’ efforts to effectively
recover and/or avoid loss from the effects of wildfire, earthquake, or flood and build
resilience to anticipated impacts from future climate events through:
• Recovery activities – activities to rebuild from impacts of disaster events
including rebuilding housing, infrastructure, and economy,
• Building resilience – preventing and bouncing back from shocks and stressors,
• Meaningful engagement – active participation for community members including
LMI individuals,
• Intentional resilience design – design of buildings, landscapes, communities, and
regions in order to respond to natural and manmade disasters and
disturbances—as well as long-term changes resulting from climate change—
including sea level rise, increased frequency of heat waves, and regional
drought.
B. Prioritization
Planning and Public Services projects address risks to, or across, community
lifelines that support human health and safety and provide mitigation for individual
and community-based systems.
In addition to the prioritization criteria below, HCD considers applications for funding
under this program to local entities who are attempting to build capacity for
implementing projects under the Resilient Infrastructure Program. By supplementing
planning efforts for these entities, HCD hopes to build upon an Applicant’s resilient
infrastructure initiative. For example, a Subrecipient awarded funding under the
Resilient Infrastructure Program for roadway improvements may also receive
specific prioritization for a Public Service project under this program to ensure the
surrounding community knows its evacuation routes for future disasters.
Applicants are asked to provide quantitative assessments of the issues their project
addresses. Applicants are also required to detail anticipated outcomes of their
projects that result in improvements to LMI, the MID and the community lifelines.
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HCD utilizes resources identified within the Mitigation Needs Assessment to aid in
project selection (e.g., FEMA HMGP projects currently not awarded,3 CalFIRE and
Local Fire Safe Council Program needs, Community Wildfire Prevention and
Mitigation Report, established under the state’s Executive Order N-05-19)4.
These reports and data also consider the identification of vulnerable communities
based on socioeconomic characteristics to establish priority projects.
Projects must meet threshold criteria:
1. Be a CDBG-MIT eligible activity
2. Must meet the definition of mitigation
3. Be located within or have impact within the MID
4. Reduce risk for low-to-moderate income individuals and households
Projects that meet the criteria below are prioritized:
1. Reduce risk along community lifelines of health and safety
2. Reduce risk for vulnerable populations, especially individuals and households
that are very-low income
3. Inclusive of protected classes including age, race, color, religion, sex, familial
status, national origin and disability
4. Build capacity to implement projects under the Resilient Infrastructure Program
5. Result in outcomes that can be measured
6. Are regional in approach
7. Foster collaboration amongst jurisdictional and nonprofit partners
8. Leverage additional resources
3 CDBG-MIT Action Plan, Mitigation Needs Assessment - O. Long-Term Planning and Risk Mitigation - 1. FEMA HMGP
4 State of California Executive Department. Executive Order N-05-19. Available at: https://www.gov.ca.gov/wp-
content/uploads/2019/01/1.8.19-EO-N-05-19.pdf
X. Activity Delivery Costs
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Activity Delivery Costs (ADC) are allowable costs incurred for implementing and
carrying out eligible CDBG-MIT activities. The ADC covers the costs of staff directly
carrying out the activity in addition to equipment and supplies that are necessary for
successful completion of the activity. An ADC must be allocable to a CDBG-MIT-
assisted activity or an activity that is CDBG-MIT-eligible, meet a National Objective,
and meet all other CDBG-MIT program requirements. Reasonable ADCs are eligible
as part of the cost of carrying out CDBG-MIT activities authorized under
24 CFR §570.201-570.204.
• ADC of a failed project
If the project(s) are unable to be completed, a review of the causes of the project
failure is performed. The Subrecipient provides documentation demonstrating the
cause of the project’s failure for HCD to review. Depending on the specifics of the
situation, HCD may require more evidence of the causes of failure during the
review process. If, after the review, the evidence demonstrates that the project was
put forth and proceeded in good faith on the part of the Subrecipient, then HCD
would consider a new eligible project from the Subrecipient that has the same or
higher priority level, as long as the initial ADCs can be shown to have contributed
to the new project. Prior to any funding of the new project, a new capacity
assessment, project evaluation, and amended agreement with stricter grant
conditions is required.
If it is shown that the project failed due to egregious behavior or actions, such as
conflicts of interest, fraud, waste, or abuse, and similar types of issues or actions,
on the part of the Subrecipient, then any funding payments made toward the
project are required to be repaid and the Subrecipient is not allowed to put forth a
new project submission. If the review shows that the Subrecipient acted in a
reasonable manner, then the Subrecipient is allowed to put forth a project
proposal. If the project put forth by the Subrecipient does not meet the eligibility
requirements, prioritization criteria for a new projector does not sufficiently
demonstrate that the initial project’s ADCs have contributed to the new project,
HCD offers the outstanding funding for other Eligible Applicants in order to meet
the eligibility and prioritization criteria requirements of the Resilient Planning and
Public Services Program.
XI. Additional requirements
A. All sources of funding required to complete the project must be identified and
secured or readily accessible.
B. The proposed project must meet the definition of a mitigation activity.
C. The Applicant must demonstrate sufficient capacity to manage and operate project
specific CDBG-MIT funding.
D. The Applicant must prove that the funds for these activities do not trigger
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Duplication of Benefits as defined in Section V.D.
E. The Applicant must demonstrate to the satisfaction of HCD that it is in compliance
with the financial management requirements of 2 CFR §200.
F. Pursuant to 84 FR 45838, applications must follow CDBG-MIT Public Participation
regulations.
G. The Applicant must demonstrate, to the satisfaction of HCD, that it is in compliance
with the state and federal submission requirements of 2 CFR §200.512, and provide
their most recent single audit as applicable. The Applicant must demonstrate
compliance with Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970 relocation requirements, as applicable.
XII. Contents of application
Applications must be electronically submitted through the Grants Network portal
located at https://portal.ecivis.com/#/login and consist of the items identified in the
application, as well as any other information deemed necessary by HCD to evaluate
the applications. This information provides the basis for assessment and includes the
assurances and agreements necessary for compliance with 84 FR 45838, Health and
Safety Code (HSC) §50825, et seq., 24 CFR §570, and 24 CFR §200.
XIII. Mandatory Department resolution
To reduce delays in the application review, award, and contracting processes,
Applicants are required to use HCD’s Sample Resolution of the Governing Body. For
reference, please see Appendix B.
XIV. Application submission
A. Application workshops
The Department will hold application workshops starting on January 20, 2021.
Please visit HCD’s website at CDBG-MITIGATION for additional information.
Applicants are strongly encouraged to review available webinars and training
materials on the CDBG-MIT Resilient Planning and Public Services program, using
Grants Network, and preparing a CDBG-MIT application in Grants Network.
B. Application submission
Applicants must follow instructions in both this NOFA and the online application.
Failure to follow instructions will result in disqualification.
The CDBG application and all required attachments must be submitted to HCD
through the GMS Portal located at https://portal.ecivis.com/#/login. Applications
must include all required information. Applicants must certify that all information is
true and complete to the best of their knowledge, on penalty of perjury.
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Applicants that do not have an account with eCivis should log into the eCivis portal
as soon as possible. Use the “Create an account” option to initiate a profile.
Applications must meet all threshold and eligibility requirements upon submission.
It is the Applicant’s responsibility to ensure that the submitted
application is clear, complete, and accurate. HCD staff may request clarifying
information but are unable to accept any new documentation that would provide an
unfair advantage over other applications.
Applicants must use the Grants Network Program Portal to submit project
applications. Applications must be authorized by a resolution of the Applicant’s
governing board. If allowed by local policies, HCD can accept a resolution from the
governing board authorizing specific Applicant staff to submit on the Applicant’s
behalf.
The required information is as follows:
1. Overall project description/scope of work
• The overall project description and scope of work provides a complete
summary of the project with supporting documentation that ties the project
to a MID area. The project description includes the ownership of the project
and who benefits from the project. The scope of work includes a full
description of activities.
2. National Objective/MID documentation
• The service area must show the MID area benefit.
• For LMI, the Subrecipient must complete a beneficiary form detailing
demographic calculations and supporting maps/figures.
• UNM documentation – resolution from the governing board stating that no
other funding is available for this project.
3. Complete cost estimate/budget
• Complete list of all project funds and sources of funds (CDBG-MIT, local,
private, other state funds, federal funds, other).
• Final budget (eligible activity costs and ADC)
4. Duplication of Benefits
• Complete list and supporting documentation of potentially duplicative
funds for the same purpose.
• Final Duplication of Benefits calculation is conducted by HCD.
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5. Project timeline
• List of project milestones.
C. Disclosure of application
Information provided in the application will become public record available for
review by the public pursuant to the California Public Records Act (California
Government Code §6250 et. seq). As such, HCD may disclose any materials
provided by the Applicant to any individual making a request under this Act. The
Department cautions Applicants to use discretion in providing information not
specifically requested, including, but not limited to, bank account numbers,
personal phone numbers, home addresses, or other personally identify
information. By providing this information to HCD, the Applicant is waiving any
claims of confidentiality, and consents to HCD’s disclosure of the Applicant’s
material upon receipt of a Public Records Act request.
XV. Application review, approval, and commitment process
A. Application review
HCD reviews all aspects of the project application including scope, budget, eligibility,
legal/policy issues, procurement, and compliance.
All applications are required to pass threshold requirements. Failure to meet
threshold will result in immediate disqualification. Applications that do not meet
threshold will not be reviewed.
All applications will be reviewed for activity eligibility. Activities that do not meet
program eligibility will be disqualified.
Applications are “complete” when all appropriate documentation has been provided
by the Applicant by the deadline. Applications received after the deadline are
disqualified and not eligible for review.
Applications submitted prior to the deadline that are determined to be incomplete will
be afforded an opportunity to provide additional or clarifying information at the
discretion of HCD. Applicants who need to provide clarification or additional
documentation will be notified through Grants Network requesting the information.
Applications will be closed if there is no meaningful response within 30 days after the
notification has been sent. The review process will resume when the requested
information has been provided.
Once an application has been approved, Applicants are notified of the decision
through Grants Network.
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B. Recommendations
HCD will review applications and make award recommendations according to the
above criteria. Applicants that are recommended for award by the Internal Loan
Committee will be contacted and provided with an opportunity to update project
schedules or other date-dependent data that may have aged during the Applicant
review period. Applicants will officially be notified of awards through the eCivis
Grants Network. The award notification will include instructions for accepting or
declining the award, as well as an executable Standard Agreement. Applicants that
are not recommended for awards will be officially notified via email that their
application was not awarded.
C. Standard Agreements
Successful Applicants (awardee(s)) will enter into a Standard Agreement with
HCD. A draft sample is included as Attachment K of this NOFA. The Standard
Agreement contains all the relevant state and federal requirements, Activity
performance and management requirements, and disbursement requirements. A
condition of award will be that a Standard Agreement must be executed by the
awardee(s) within 30 days (contracting period) of the awardees’ receipt of the
Standard Agreement(s). Failure to execute and return the Standard Agreement(s)
to HCD within the contracting period will result in award cancellation. Award
cancellations are final. Each Standard Agreement must be supported by a valid
resolution to avoid delay in execution of the Standard Agreement. The Department
strongly recommends the Applicant use the sample resolution provided in
Appendix B.
XVI. Appeal criteria and process
A. Criteria
Upon receipt of HCD’s notice that an application has been determined to be
incomplete or fails threshold, Applicants under this NOFA may appeal such
decision(s) to HCD pursuant to this section.
No Applicant shall have the right to appeal a decision from HCD relating to another
Applicant’s eligibility, point score, award, denial of award, or any other matter related
thereto.
The appeal process provided herein applies solely to decisions HCD made in this
NOFA and does not apply to any decisions made with respect to any previously
issued NOFAs, or decisions to be made pursuant to future program NOFAs.
B. Appeal process and deadlines
In order to lodge an appeal, Applicants must submit to HCD, by the filing deadline
set forth below, a written appeal, which states all relevant facts, arguments, and
evidence upon which the appeal is based. Furthermore, the Applicant must provide
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a detailed reference to the area(s) of the application that provide clarification and
substantiation for the basis of the appeal. No new or additional information will be
accepted if this information would result in a competitive advantage to an Applicant.
Once the written appeal is submitted to HCD, no further information or materials will
be accepted or considered thereafter.
Appeals are to be submitted to HCD either via email at mitigation@hcd.ca.gov, or at
the following address:
California Department of Housing and Community Development
Attn: CDBG-MIT Program Appeals
2020 W. El Camino Avenue, Suite 200 Sacramento, California 95833
HCD will accept appeals through a carrier service that provides date stamp
verification of delivery, such as the U.S. Postal Service, UPS, or FedEx.
Deliveries must be received during HCD’s weekday (non-state holiday) business
hours of 9:00 a.m. to 5:00 p.m. Pacific Standard Time. Emails to the email address
listed above will be accepted so long as the email time stamp is prior to the appeal
deadline.
Filing Deadline: Appeals must be received by HCD no later than five (5) business
days from the date HCD notifies the Applicant that their application has failed to
meet eligibility, threshold, or has failed to score high enough in readiness to qualify
for award. Late appeals will not be reviewed.
C. Appeal decisions
It is HCD’s intent to render its decision in writing within fifteen (15) business days of
receipt of the Applicant’s written appeal. All decisions rendered shall be final,
binding, and conclusive, and shall constitute the final action of HCD with respect to
the appeal.
D. Effectiveness
If the applicable statutes and/or Guidelines governing the CDBG-MIT program
contain an existing process for appealing decisions of HCD with respect to NOFA
awards, then this section shall be inapplicable, and such existing authority shall
govern all appeals.
XVII. Awards announcement and grant implementation
A. Awards announcements
The Department anticipates awards will be announced within 90 days of the
Competitive application deadlines. OTC awards will be announced as applications are
approved for funding. Until awards are announced, the CDBG- MIT staff will not be
able to discuss the status of applications.
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Within 60 days from the award announcement date, unsuccessful Applicants will
have the opportunity to request an interview with Department staff to discuss their
application. Applications and Standard Agreements are public information and are
available for review upon request.
XVIII. Federal program requirements
A. Cross-cutting requirements
The CDBG-MIT program is administered under the rules and regulations
promulgated primarily in 84 FR 45838 and 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. HCD incorporates all federal cross-cutting
requirements into the state CDBG-MIT program, and the regulations in Part 570 are
translated into required actions on the part of all Grantees of the state program.
This following is a summary of the federal cross-cutting requirements that will be
applied if required:
1. Duplication of Benefits
2. Environmental Standards (based on National Environmental Policy Act of 1969
[NEPA])
3. Labor Standards (Davis-Bacon and related laws)
4. Achieving a HUD National Objective
5. Public participation requirements
6. Fair Housing and Affirmatively Furthering Fair Housing
7. Equal Opportunity and Non-Discrimination in federal Grant Programs
8. Federal Procurement Guidelines
9. National Flood Insurance Program compliance
10. Relocation and displacement requirements
11. Employment and Contracting Opportunities Section 3 Compliance
12. Lead-based paint requirements
13. No use of debarred, ineligible, or suspended contractors or sub-recipients
14. Uniform Administrative Requirements and Cost Principles
15. Conflict of interest prohibitions
16. Compliance with the Architectural Barriers Act and the Americans with
Disabilities Act
17. Compliance with Eligibility Restrictions for certain resident aliens
18. Federal reporting requirements
19. Grantee and Subrecipient monitoring requirements
B. Relocation Plan requirement
Applicants engaging in project-specific activities that may or will cause the temporary
or permanent relocation and displacement of individuals, property, or businesses,
must provide a project-specific relocation plan as part of the application. The plan
must meet the standards established in the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (URA). Applicants must successfully
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demonstrate that they have met URA requirements prior to the start of the project or
displacement activity. Applicants should include relocation costs in project budgets.
Applicants must provide General Information Notices to individuals who may be
displaced if the activity in the grant application is funded. This plan must outline how
the Grantee will enforce and manage the project’s temporary relocation and
displacement activities and estimate what relocation benefits will be required so
those costs can be included in the project’s development budget.
C. Procurement
Pursuant to 24 CFR §570.489(g), all Grantees must comply with federal
procurement requirements. HCD will review the Grantee’s procurement documents
for services (i.e., administrative sub-contractor, Davis-Bacon consultant, etc.) at time
of monitoring.
Requirements for federal procurement can be found at 2 CFR §§200.317-326.
Applicants are responsible for meeting all federal procurement standards for goods
and services funded through federal programs. Failure to meet procurement
requirements may result in disqualification, recapture of federal funds, and
debarment.
D. Subrecipient risk assessment
For Subrecipient risk assessment, as required in 84 FR 45838, Eligible Applicants
are required to comply with the requirements, requests, and results of completed risk
assessment and maintain the capacity to carry out disaster recovery and mitigation
activities in a compliant and timely manner.
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XIX. Appendices
Appendix A: Map of the MID
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ATTACHMENT 2
RESOLUTION NO. 2021-____
A RESOLUTION APPROVING AN APPLICATION FOR FUNDING
AND THE EXECUTION OF A GRANT AGREEMENT AND ANY
AMENDMENTS THERETO FROM THE 2019-2020 FUNDING
YEAR OF THE STATE CDBG-MITIGATION PROGRAM
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council of the City of Moorpark has reviewed and hereby
approves the submission to the State of California of one or more application(s) in the
aggregate amount, not to exceed, of $500,000 for the following CDBG-MITIGATION
activities, pursuant to the December MIT PPS NOFA:
Mitigation Public Services $ 500,000.00
• Joint Application with the Cities of Thousand Oaks and Simi Valley to fund the
following:
o Study of Emergency Operations Center (EOC) interoperability
strengths and weaknesses, to be performed by third-party consultants.
o Training and exercises to improve EOC interoperability and improve
capabilities to accommodate mutual aid requests.
o Design, acquisition, installation, and maintenance of shortwave radio
communication equipment to provide inter-EOC communication
capabilities in the event of a loss of internet or cell phone
communications.
o Assessment of needs, design, acquisition of hardware and software,
installation, implementation, and training to enable the remote
operation of a virtual EOC for each City.
o Emergency Management staff salaries.
o Equipment and training for Community Emergency Response Teams
(CERT).
SECTION 2. The City of Moorpark acknowledges compliance with all state and
federal public participation requirements in the development of its application(s).
SECTION 3. The City of Moorpark hereby authorizes and directs the City
Manager or designee to execute and deliver all applications and act on the City's behalf
in all matters pertaining to all such applications.
SECTION 4. If an application is approved, the City Manager, or designee, is
authorized to enter into, execute and deliver the grant agreement (i.e., Standard
Agreement) and any and all subsequent amendments thereto with the State of
California for the purposes of the grant.
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Resolution No. 2021-____
Page 2
SECTION 5. If an application is approved, the City Manager, or designee, is
authorized to sign and submit Funds Requests and all required reporting forms and
other documentation as may be required by the State of California from time to time in
connection with the grant.
SECTION 6. The City Clerk shall certify to the adoption of this resolution and
shall cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 3rd day of February, 2021.
__________________________________
Janice S. Parvin, Mayor
ATTEST:
Ky Spangler, City Clerk
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