HomeMy WebLinkAboutAgenda Report - June 2, 2021 C-16AGENDAITEM (!"Ib
- CITY OF LODI
COUNCIL COMMUNICATION
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AGENDA TITLE: Adopt Resolution Approving the Participation and Allocation of Funding for the
Regional Early Action Planning (REAP) Grant Funds Awarded to San Joaquin
Council of Governments (SJCOG) on Behalf of the San Joaquin Valley Regional
Early Action Planning Committee Member Agencies, and Authorize Economic
Development and Community Development to Submit a Concept Proposal to
Request REAP Grant Funds as Stipulated in Table 1 of the SJCOG REAP Grant
Guidelines to Support the Production of Affordable Housing and Increase
Opportunities for Low to Moderate Income Households to Access Quality
Affordable Housing Opportunities Including Homeownership
MEETING DATE: June 2, 2021
PREPARED BY: Economic Development Manager and Neighborhood Services Manager
RECOMMENDED ACTION: Adopt resolution approving the participation and allocation of
funding for the Regional Early Action Planning (REAP) Grant funds
awarded to San Joaquin Council of Governments (SJCOG) on
behalf of the San Joaquin Valley Regional Early Action Planning Committee member agencies, and
authorize Economic Development and Community Development to submit a concept proposal to request
REAP Grant funds as stipulated in Table 1 of the SJCOG REAP Grant guidelines to support the
production of affordable housing and increase opportunities for low to moderate income households to
access quality affordable housing opportunities including homeownership.
BACKGROUND INFORMATION: An application of the San Joaquin Valley Regional Early Action
Planning Committee, comprised of eight Regional Transportation
Planning Agencies, was approved for initial grant funding from the
State of California Department of Housing and Community Development (HCD) in 2020. The allocation in
the amount of $10,218,830.75 in grant funds was awarded. Of this amount, the Committee agreed to
allocate the initial grant to the Fresno COG in the amount of $5,475,000 to lead the preparation of a
comprehensive San Joaquin Valley housing report, policy recommendations for implementation,
technical assistance, and grant administration. The remaining amount of $4,743,830 is to be distributed
to each Committee member agency in proportion to each member's relative population. Accordingly,
SJCOG's initial allocation of REAP funds is in the amount of $845,097.
A secondary allocation, if implemented, is anticipated to make additional REAP funds available to SJCOG
in the approximate amount of $1,559,531.
Of the $845,097, up to 35 percent will fund REAP Grant Administration, Regional Housing Needs
Assessment, establish a regional housing trust fund for affordable housing, and support the development
of activities, including outreach and education, that accelerate housing production. The remaining 65
percent, $545,097, will be distributed to local jurisdictions as outlined on Table 1 of the Final SJCOG
REAP Guidelines (Exhibit 1). Should REAP grant funds be allocated, staff will come back to the City
Council to request appropriations and accept funding.
APPROVED:
Stephen Schwab er, City anager
Adopt Resolution Approving Participation and Allocation of the Regional Early Action Planning Grant Funds
June 2, 2021
Page 2 of 2
The City of Lodi's share of the $545,097 in funding is nine percent, or $44,144 of the initial sub-
allocation.The secondary allocation, if awarded, would add an estimated $88,326 to the award to the city
for a total award of $132,470.
In accordance with REAP guidelines of eligible activities, staff recommends the development of a
concept proposal describing the City's desire to identify feasible approaches to increase the supply and
accelerate the production of quality affordable housing in Lodi, including homeownership opportunities in
the Opportunity Zone.
While affordable housing production is not limited to the Opportunity Zone, the data as presented in the
Lodi Development Prospectus, indicates the median income in the Opportunity Zone supports the
purchase of a median sales price home in this location. However, rental homes exceed the supply of
owner -occupied homes by 85 percent.
Staff requests the City Council adopt a resolution approving the participation and allocation of funding for
the REAP funds awarded to SJCOG on behalf of the San Joaquin Valley REAP Committee member
agencies, and authorize Economic Development and Community Development to submit a concept
proposal to request REAP Grant funds as stipulated in Table 1 of the SJCOG REAP Grant guidelines.
The concept proposal will outline the use of grant funds to perform feasibility studies to determine the
most achievable approach to quality affordable housing, determine the most efficient locations to site
housing, and to recommend local planning, permitting, and land use policies to accelerate housing
production. The studies will also perform infrastructure planning to support new housing and new
residents, as needed.
The resolution is drafted to reflect the template on page 15 of the REAP Grant guidelines (see Exhibit 1)
FISCAL IMPACT: This resolution will approve the City's participation in a 100 percent sub -
allocation of REAP grant funds from the San Joaquin Council of
Governments on a reimbursement basis. There is no impact to City
General Fund as there is no local match requirement
FUNDING AVAILABLE: Regional Early Action Planning grant funds, as allocated.
Andrew Keys
Andrew Keys
Deputy City Manager/Internal Services Director
BA Trupovnieks
Astrida Trupovnieks
Economic Development Manager
Jennifer Rhyne
Jennifer Rhyne
Neighborhood Services Manager
Attachments:
A. Exhibit 1 — SJCOG REAP Guidelines Packet
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Table of Contents
Background..........................................................................................................................................3
Purpose.................................................................................................................................................4
Development of a Regional Housing Trust Fund..........................................................................4
Streamlining the Development Process........................................................................................5
Planning and Coordination to Develop a Regional Project Pipeline.......................................5
Supporting Local Jurisdictions Impacted by COVID-19..............................................................5
EligibleActivities..................................................................................................................................5
Regional Housing Activities (Up to 350 of initial REAP allocation or $300,000) ........................5
Local Jurisdiction Housing Activities (Up to 65% of initial REAP allocation or $545,097,
distributedby formula)....................................................................................................................7
IneligibleActivities...............................................................................................................................8
Local Grant Timing and Process........................................................................................................9
Shortlisted Consultants Available to Local Jurisdictions............................................................10
TAresources....................................................................................................................................10
Timeline...............................................................................................................................................10
SJCOG
REAP Guidelines
INITIAL REAP ALLOCATION: $845,097
TOTAL REAP ALLOCATION: $2,404,628 (estimated)
These guidelines outline how SJCOG proposes to utilize its allocation of funds from the
Regional Early Action Planning (REAP) program. The guidelines outline regional and local
planning activities that are eligible for funding and that help to advance SJCOG
Regional Housing Priorities, as adopted by the policy board in September of 2020.
Ultimately, REAP funds should be used to plan and accelerate housing production
throughout the region, specifically more infill housing, more housing product choices, and
to better leverage future funding opportunities.
Background
The State of California Department of Housing and Community Development (HCD) has
made available $125,000,000 in local government planning support grants to regional
entities and working groups. The San Joaquin Valley Regional Early Action Planning
Committee for Housing (Committee), comprised of the eight Regional Transportation
Planning Agencies (RTPAs), is one of the working groups identified in statute. On June 26,
2020, the Committee approved submission of an application for initial grant funding to
HCD. On August 14, 2020, HCD approved the application and an allocation of
$10,218,830.75 in grant funds to the members through Fresno COG, the fiscal agent on
behalf of the Committee.
The member agencies comprising the Committee agreed to allocate the Initial Grant as
follows:
• Fresno COG will retain $5,475,000 to lead the preparation of a comprehensive San
Joaquin Valley housing report and policy recommendations for implementation,
conduct regional planning, coordination, and technical assistance, and grant
administration
• Fresno COG will distribute the remaining $4,743,830 of the Initial Grant directly to
each member agency in proportion to each member's relative population
Accordingly, SJCOG's initial allocation of REAP funds will be in the amount of $845,097.
Pending HCD approval, a second and final round of funding allocations is expected in
Spring 2021 and is anticipated to make additional REAP funds available to the SJCOG
SJCOG 3
region in the approximate amount of $1,559,531. With the second round of REAP funding,
SJCOG intends to use the same allocation formula applied to the initial round of funding
(Table 1).
The Committee has recommended that each MPO receiving its share of the Initial
Funding Application allocate funds accordingly:
1. Allocate funds to its RHNA (regional housing needs allocation) process.
2. Sub -allocate funds to its County and Cities.
Furthermore, according to HCD guidelines, a council of governments that receives an
allocation of REAP funds shall establish priorities and use those monies consistent with
priorities. Funds must be used for housing planning activities and demonstrate a nexus to
increasing housing planning and accelerating housing production.
With direction and guidance from the Board, SJCOG staff developed program guidelines
and budget allocations in accordance with Committee recommendations above and
adopted SJCOG Board priorities for use of REAP funds by SJCOG and its member
agencies. SJCOG Regional Housing Priorities are outlined in the Purpose section of the
document.
Purpose
In September of 2020, the SJCOG Board adopted Regional Housing Priorities. The
priorities are a mix of strategies that can be implemented regionally or locally to plan
and accelerate housing production. REAP funds will be used to advance SJCOG
Regional Housing Priorities.
Development of a Regional Housing Trust Fund
Funding for affordable housing has significantly declined since 2007 making it extremely
difficult to build. Affordable housing developers in the region have consistently expressed
the need to enhance and expand local programs to close the gap in financing projects
and provide much needed leverage to compete for other funds. A housing trust fund
can be established to support the preservation and production of affordable housing
and increase opportunities for families and individuals to access decent affordable
homes. While ineligible to seed a housing trust fund, REAP funds may be used to develop
the framework for a housing trust fund which may entail a rigorous planning process to
define the parameters of the program, including goals, administration, fund distribution,
as well as funding sources. Additionally, housing trust funds are distinct funds established
by city, county or state governments that receive on-going dedicated sources of public
SJCOG 4
funding to support the preservation and production of affordable housing and increase
opportunities for families and individuals to access decent affordable homes.
Streamlining the Development Process
HCD has emphasized the need for improving development processes through
streamlining as an important strategy for reducing the cost of development. While each
jurisdiction in the region may be at varying stages of identifying and implementing
streamlining in their own departments, REAP funds may be used to support these
activities. These may include the preparation of Specific Plans with an accompanying
Environmental Impact Report, objective design and/or development standards to
comply with SB 35 and provide more certainty for applicants, and other strategies
intended to reduce the time for application approval.
Planning and Coordination to Develop a Regional Project Pipeline
In regional transportation planning, a list of projects is developed with the help of various
stakeholders in order to coordinate and facilitate the process of funding each project
through planning, environmental review, design and engineering, and finally,
construction. Analogous to transportation planning, programming, and project delivery,
the development of an affordable housing project pipeline may facilitate the project
finance process. While there are no precedents for this type of activity in staff's research,
HCD has identified other best practices which may elevate regional planning and
coordination to support housing development. These Refining a Regional Housing
Approach to Housing best practices include feasibility studies to determine the most
efficient locations to site housing, the development of regional toolkits on a variety of
housing -specific topics, establishing consulting benches or circuit rider programs to
provide targeted technical assistance in housing policy areas, and developing a regional
peer-to-peer learning exchange.
Supporting Local Jurisdictions Impacted by COVID-19
In addition to the three priorities outlined here, a fourth priority was identified by SJCOG
staff in response to the impact COVID-19 may have on local jurisdiction budgets and
staffing levels. To the extent that REAP funds can be used to support the ongoing activities
of local jurisdictions regarding the production of housing, this may be an opportunity to
offset any negative impacts introduced by COVID-19.
Eligible Activities
Eligible activities must be related to housing planning and facilitate the acceleration of
housing production. Eligible activities conducted by applicants must fall under one or
more of the following main categories:
SJCOG 5
Regional Housing Activities (Up to 350 of initial REAP allocation or
$300,000)
REAP Grant Administration
Administrative costs related to the categories listed below.
2. Covering the costs of administering any programs described in Health and
Safety Code section 50515.02.
a. Recipients shall use no more than 5% of the allocation (s) for costs related
to the administration of the activity(ies) for which the allocation(s) were
made. Staff and overhead costs directly related to carrying out the
eligible activities are 'activity costs' and not 'administrative costs'.
Regional Housing Needs Assessment (RHNA) Process
Develop an improved methodology for the distribution of the sixth cycle regional
housing needs assessment (RHNA), to further the objectives described in
subdivision (d) section 65584 of the Government Code.
a. Activities under this category must demonstrate a nexus to an improved
methodology that furthers the RHNA Objectives.
b. Activities under this category may include implementation measures
associated with an improved methodology that furthers RHNA Objectives.
Regional Housing Trust Fund
Establish a regional housing trust fund for affordable housing (e.g. planning
activities and processes, guidelines, and charters).
a. Inclusion of a feasibility study to determine regional housing trust fund
parameters.
2. Establish a regional housing task force.
Regional Project Pipeline
Accommodate the development of housing and infrastructure that accelerate
housing production.
a. Establishing pro -housing policies.
2. Activities must demonstrate a nexus to increasing housing and accelerating
housing production.
3. Outreach, education, priority setting, and other related activities in consultation
with SJCOG and HCD to carry out the overall program consistent with statutory
objectives.
SJCOG
4. In consultation with local jurisdictions and/or HCD, develop and/or conduct a
planning study related to regional housing and/or the acceleration of housing
production.
Local Jurisdiction Housing Activities (Up to 65% of initial REAP
allocation or $545,097, distributed by formula)
Streamlining Permit Process
1. Technical assistance in improving housing permitting processes, tracking systems,
and planning tools (i.e. pre -stamped ADUs, zoning code updates, recording fees,
CEQA, Specific Plans/Master Plans/GP Amendments).
o Environmental hazard assessments; data collection on permit tracking;
feasibility studies, site analysis, or other background studies that are
ancillary (e.g., less than 15 percent of the total grant amount) and part of
a proposed activity with a nexus to accelerating housing production.
2. Performing infrastructure planning, including sewers, water systems, transit, roads,
or other public facilities necessary to support new housing and new residents.
3. Performing feasibility studies to determine the most efficient locations to site
housing consistent with Government Code sections 65040.1 (State Planning
Priorities) and 65080 (regional transportation plans).
4. Revamping local planning processes to speed up housing production.
5. Developing or improving an accessory dwelling unit ordinance in compliance with
Section 65862.2 of the Government Code.
COVID-19 Relief
To the extent that REAP funds can be used to support the ongoing activities of local
jurisdictions regarding the production of housing, this may be an opportunity to offset
any negative budgetary impacts introduced by COVID-19.
1. Covering the costs of temporary or permanent staff and/or consulting needs
associated with eliaible activities.
2. Other eligible activities include:
a. Update local planning and zoning documents, expediting application
processing, and other actions to accelerate additional housing
production.
Planning documents for a smaller geography (less than jurisdiction -
wide) with a significant impact on housing production, including an
overlay district, project level specific plan, or development
SJCOG
standards modifications proposed for significant areas, or
development standards proposed for significant areas of a locality,
such as corridors, downtown, or priority growth areas.
ii. Rezoning to meet requirements pursuant to Government Code
Section 65583(c) (1), and other zoning efforts to comply with
Housing Element requirements, including Government Code
Section 65583(c) (AB 1397, Statues of 2018).
iii. Upzoning or other implementation measures to intensify land use
patterns in strategic locations, such as close proximity to transit, jobs
or other amenities.
iv. Rezoning for multifamily housing in high resource areas (according
to Tax Credit Allocation Committee/Housing Community
Development Opportunity Area Maps).
v. Establishing pre -approved architectural and site plans.
vi. Zoning for by -right supportive housing, pursuant to Gov. Code
section 65651 (Chapter 753, Statutes of 2018).
vii. Zoning incentives for housing for persons with special needs,
including persons with developmental disabilities.
b. Establish housing incentive zones or other area -based housing incentives
beyond State Density Bonus Law such as a workforce housing opportunity
zone pursuant to Article 10.10 (commencing with Section 65620) or Chapter
3 of Divisions 1 of Title 7 of the Government Code, or a housing sustainability
district pursuant to Chapter 11 (commencing with Section 66200) of Division
1 of Title 7 of the Government Code.
Ineligible Activities
1. Activities unrelated to accelerating housing production;
2. Activities unrelated to preparation and adoption of planning documents, and
process improvements to accelerate housing production (The Department may
consider proposals that include activities under (1) and (2) if a significant housing
component is also present and the net effect on accelerating housing production
is positive. For example, an applicant may propose combining an open -space
designation, downzoning, preservation or anti -displacement measures with by -
right upzoning that has a significant net gain in housing capacity);
3. Activities that obstruct or hinder housing production, e.g., moratoriums,
downzoning, planning documents with conditional use permits that significantly
SJCOG 8
M
impact approval certainty and timing, planned development, or other similarly
constraining processes;
4. Capital financing, operation or funding related to programs of individual housing
development projects; and
5. Administrative costs of persons employed by the grantee for activities not directly
related to the preparation and adoption of the proposed activity or activities.
Local Grant Timing and Process
In order for a local jurisdiction to receive an allocation of REAP funds, the following is
required to be submitted to SJCOG:
• Letter outlining concept proposal for funds (Attachment 1).
• A signed council resolution (Attachment 2).
The purpose of this letter is to provide SJCOG with enough information to determine
whether a project meets the requirements of the program. The letter must either be
accompanied by a board or council resolution, or be signed by a city manager, county
executive, city councilmember, or county supervisor. SJCOG will review and respond to
concept proposal letters within 30 days of receipt. Prior to initiating work on REAP funded
activities, SJCOG and local jurisdiction shall execute an agreement (Attachment 4).
This grant application period is tentatively targeted to begin on a rolling basis in February
2021 through June 2021.
Timely Use of Funds
REAP funds are one-time housing planning funds made available to the region with an
expenditure deadline of December 31, 2023 in statute. SJCOG reserves the right to
reprogram funds in order to minimize the risk of losing funds that are intended to benefit
the region.
To ensure timely use of funds, SJCOG requests that each grantee submit invoicing and
progress reports on a quarterly basis. Please see sample REAP reporting form (Attachment
3).
Additionally, SJCOG staff will monitor expenditures according to the following schedule:
• December 1, 2021: Approximately 1/3 of allocated funds expended
• December 1, 2022: Approximately 2/3 of allocated funds expended
• June 1, 2023: Approximately 85% of allocated funds expended
SJCOG
According to the schedule, SJCOG staff will notify recipients who have not met the
expenditure milestone and will require submission of a funding expenditure plan for its
remaining allocation within 30 days. SJCOG staff will review the expenditure plan and
determine if funds need to be reprogrammed.
Shortlisted Consultants Available to Local Jurisdictions
The Committee issued a Request for Qualifications to establish a pre -qualified bench of
consultants that can perform REAP eligible activities. The consultant bench will primarily
support San Joaquin Valleywide housing planning activities, but may also be utilized by
local jurisdictions depending on availability and interest:
• AECOM
• Cascadia Partners
• EPS-VRPA
• Estolano Advisors
• HDR-Calthorpe
• Mintier Harnish
• Precision Engineering
• QK
• Raimi and Associates
Technical Assistance Resources
• Eligible Activities Best Practices
• Contact Information
o HCD: Marisa Prasse, Marisa.Prasse@hcd.ca.gov
o SJV REAP Committee: Robert Phipps, rphipps@fresnocog.orq
o SJCOG: Christine Corrales, corrales@sjcog.org
Timeline
The timeline of the REAP program includes the following dates:
• Final REAP Guidelines Release: February 2021
• Concept letters for local allocations rolling deadline through June 2021
• Final Invoice to SJCOG: September 30, 2023
• Expenditure Deadline: December 31, 2023
• Technical Assistance: Ongoing through December 2023
SJCOG 10
Table 1: SJCOG REAP Allocation
SJCOG
INITIAL
ALLOCATION
FINAL
ALLOCATION***
ESTIMATED
TOTAL
SJCOG REGIONAL HOUSING ACTIVITIES
Funding
Amount
Estimate
Grant Administration
5%
$ 42,705
$ 78,807
$ 121,512
RHNA Process
$ 100,000
$ 250,000
$ 350,000
Regional Housing Trust
Fund
$ 117,918
$ 120,000
$ 237,918
Regional Planning &
Coordination
$ 39,377
$ 104,809
$ 144,186
REGIONAL SUBTOTAL
$ 300,000
$ 553,616
$ 853,616
LOCAL JURISDICTION FORMULA DISTRIBUTION
Jurisdiction
Population
Estimate*
Percentage
Share
Funding
Amount
Estimate
Stockton
318,522
41%
$ 206,992
$ 414,158
$ 621,150
San Joaquin County
156,209
20%
$ 101,513
$ 203,111
$ 304,623
Tracy
95,931
12%
$ 62,341
$ 124,734
$ 187,075
Manteca
84,800
11%
$ 55,107
$ 110,261
$ 165,369
Lodi
67,930
9%
$ 44,144
$ 88,326
$ 132,470
Lathrop"
26,833
3%
$ 25,000
$ 34,890
$ 59,890
Ripon**
15,930
2%
$ 25,000
$ 20,713
$ 45,713
Escalon**
7,478
1 %
$ 25,000
$ 9,723
$ 34,723
LOCAL SUBTOTAL
773,632
100%
$ 545,097
$ 1,005,915
$ 1,551,012
GRAND TOTAL
$ 845,097
$ 1,559,531
$ 2,404,628
*DOF 2020 Estimates
**Initial grant allocation minimum of $25,000
established for small cities.
***Final allocation pending HCD
approval.
SJCOG
ATTACHMENT 1: SAMPLE REAP CONCEPT LETTER
[PLEASE PUT ON AGENCY LETTERHEAD]
DATE
CONTACT NAME/TITLE
ADDRESS
RE: CONCEPT LETTER INTENDING TO FULFILL REAP REQUIREMENTS
Section 1:
Please describe and outline tasks.
Section 2:
Please describe which priority above tasks fall under.
REAP CONCEPT LETTER 1
Section 3:
Please describe how much funds will used.
Section 4:
Please provide schedule of tasks.
Section 5:
Please provide contact information for project manager/lead staff person.
REAP CONCEPT LETTER 2
Section 6:
Please provide signature and date.
REAP CONCEPT LETTER 3
ATTACHMENT 2: REAP COUNCIL RESOLUTION
RESOLUTION
(Name of Metropolitan Planning Organization)
APPROVING THE PARTICIPATION AND ALLOCATION OF FUNDING FOR THE REGIONAL EARLY
ACTION PLANNING GRANT (REAP) FUNDS AWARDED TO SAN JOAQUIN COUNCIL OF
GOVERNMENTS ON BEHALF OF THE SAN JOAQUIN COUNTY MEMBER AGENCIES.
WHEREAS, the Housing and Community Department (HCD) have provided funds for the program
shown above; and
WHEREAS, the provided funds by HCD have been made available through the San Joaquin Valley
REAP Committee on behalf of Fresno Council of Governments, Kern Council of Governments,
Kings County Association of Governments, Madera County Transportation Commission, Merced
County Association of Governments, Stanislaus Council of Governments, Tulare County
Association of Governments, and San Joaquin Council of Governments (SJCOG); and
WHEREAS, the San Joaquin Valley REAP Committee signed a Memorandum of Understanding
(MOU) to facilitate the regional sub -allocations (Exhibit A); and
WHEREAS, SJCOG has been delegated the responsibility for the administration of the grant
allocation, establishing necessary procedures; and
WHEREAS, the Housing and Community Development Department (HCD) awarded the allocation
to SJCOG on behalf of San Joaquin County Member Agencies (City of Escalon, City of Lathrop,
City of Lodi, City of Manteca, City of Ripon, City of Stockton, City of Tracy, and County of San
Joaquin); and
WHEREAS, SJCOG and participating member agencies, will conduct planning activities that will
accelerate housing production and housing -relative initiatives; and
WHEREAS, the technical assistance provided by the participating Valley MPOs represents
staffing for the program that is reimbursable to the grant.
NOW, THEREFORE, BE IT RESOLVED THAT THE [INSERT LOCAL AGENCY]:
1. Conducts activities consistent with the grant requirements; and
2. Commits to providing documentation of work completed and other deliverables
consistent with the grant requirements, and;
Total invoicing shall not exceed the allotted share as stipulated in Table 1 of SJCOG REAP
Grant Guidelines.
Approved and adopted the _ of , 2021. I, the undersigned hereby certify that the
foregoing Resolution was duly adopted by the (Name of the Local Agency)
Following Roll Call Vote:
{Name of CITY MANAGER} (signature)
Clerk/Secretary for the Governing Board
Ayes: Nos: Absent:
EXHIBIT A: San Joaquin Valley REAP MOU
MEMORANDUM OF UNDERSTANDING
San Joaquin Valley Regional Early Action Planning Committee for Housing
This memorandum of understanding ("MOU") is made this 19th day of November 2020
("Effective Date"), by and between the agencies ("Members") comprising the San
Joaquin Valley Regional Early Action Planning Committee for Housing ("Committee")
set forth below:
Fresno Council of Governments
2035 Tulare Street Suite 201
Fresno, CA 93721
Email: tboren@fresnocog.org
Kings County Association of
Governments
339 W D Street
Lemoore, CA 93245
Email: terri.king@co.kings.ca.us
Merced County Association of
Governments
369 W 18th Street
Merced, CA 95340
Email: stacie.guzman@mcagov.org
Kern Council of Governments
1401 19th Street, Suite 300
Bakersfield, California 93301
Email: ahakimi@kerncog.org
Madera County Transportation
Commission
2001 Howard Road, Suite 201
Madera, CA 93637
Email: patricia@maderactc.org
San Joaquin Council of Governments
555 E Weber Avenue
Stockton, CA 95202
Email: achesley@sjcog.org
Stanislaus Council of Governments Tulare County Association of
1111 "1" Street, Suite 308 Governments
Modesto, CA 95354 210 N Church Street, Suite B
Email: rpark@stancog.org Visalia, CA 93291
Email: tsmalley@tularecog.org
RECITALS
A. Under section 50515.02, subdivision (a), of the Health and Safety Code, the State
of California Department of Housing and Community Development ("HCD") has
made available one hundred twenty-five million dollars ($125,000,000) in local
government planning support grants to regional entities and working groups as
outlined by the statute.
B. The Committee is one of the working groups identified in section 50515.02,
subdivision (a), of the Health and Safety Code.
C. On June 26, 2020, the Members approved submission of an application for grant
funding ("Application") to HCD by Fresno Council of Governments ("FCOG") as
the fiscal agent on behalf of the Committee.
Page 1 of 7
D. On August 14, 2020, HCD approved the Application and an allocation of
$10,218,830.75 in grant funds (the "Initial Grant") to the Members through FCOG.
E. On August 20, 2020, FCOG and HCD executed grant funding agreement number
19 -REAP -14029 ("Agreement"). A true and correct copy of the Agreement is
attached hereto as "Exhibit A."
F. This MOU is intended to reflect the Members' understanding of the distribution of
the Initial Grant and to facilitate the subsequent implementation of activities by the
Members in furtherance of the purposes for which the Initial Grant was approved
by HCD.
The Members therefore agree as follows:
Allocation of Initial Grant. The Members agree to allocate the $10,218,830.75 of
the Initial Grant as follows:
a. FCOG will retain $5,475,000 of the Initial Grant to perform the following
tasks:
FCOG shall prepare a comprehensive housing report and policy
recommendations for implementation, as stated in the Application.
FCOG may enter into agreements as necessary to perform its
obligations under this provision of the MOU and under the
Application and Agreement.
ii. FCOG shall conduct regional planning and coordination, and provide
technical assistance, as stated in the Application. FCOG may enter
into agreements as necessary to perform its obligations under this
term of the MOU and under the Application and Agreement.
iii. FCOG shall administer of the Application, Agreement, this MOU, and
the Initial Grant, as stated in the Application.
b. FCOG shall distribute the remaining $4,743,830.75 of the Initial Grant
directly to each of the Members, as more particularly described in "Exhibit
B," in proportion to each Member's relative population using California
Department of Finance population estimates updated as of January 2020.
2. Compliance with the Agreement and MOU. Each Member hereby acknowledges
its cognizance of and its understanding of its obligation to comply with the terms
and conditions of the Agreement and MOU. Each Member agrees to abide by the
terms and conditions of the Agreement and to undertake all actions requested by
FCOG pursuant to the Agreement or MOU, in order to facilitate FCOG's
compliance with the terms and conditions of the Agreement.
3. Compliance with the Law. Each Member agrees to comply with all Federal, State,
and local laws in the performance of its obligations under this MOU.
Page 2 of 7
4. Sub -Agreements. Copies of all agreements between any Member and any sub -
recipient, contractor or subcontractor shall be submitted to FCOG, so that they
then may be provided to HCD's Program Manager as required by Exhibit D, section
8, paragraph B of the Agreement.
5. Quarterly Reports. Each Member also shall deliver to FCOG, on a quarterly basis,
status reports and accounting records reflecting any expenditure of the Initial Grant
by that Member or by a sub -recipient of that Member. Each Member shall deliver
its status reports and accounting records within thirty (30) days following the end
of the period covered by the document. Each member's quarterly status reports
shall, at a minimum, include discussion of any allocations or sub -allocations of the
Initial Grant, a description of any project initiated in whole or in part with the Initial
Grant and a description of the progress made on any such project.
6. Retention of Records. Each Member shall maintain public records (as that term is
defined in Government Code section 6252) (collectively, "Records") required
under the Agreement, relating to any matter contained in this MOU, or
demonstrating that the Initial Grant was used in a manner consistent with the
Agreement. Each Member shall make the Records available to FCOG, HCD or the
State Auditor upon demand. Each Member shall maintain the Records and make
them available for inspection for a period of at least one (1) year following the
termination of this MOU or the time specified in Government Code section 8546.7,
whichever is later. Records relating to any audit or litigation relevant to this MOU
or the Agreement shall be retained by each Member for five years after the
conclusion or final resolution of such matter, as required by Exhibit D, section 3,
paragraph E of the Agreement.
7. Disallowed Costs. Each Member shall return to FCOG any funds which HCD has
disallowed within 90 days following notice to the Member.
8. Indemnity.
a. Each Member shall indemnify FCOG, along with FCOG's officers, directors,
and employees, for any costs or liabilities (including without limitation for
damages, court costs, attorneys' fees, and expert witness fees) arising from,
resulting from, or in connection with that Member's actions with respect to
subject matter of this MOU or relating in any way to the use of the Initial Grant
proceeds by that Member or any sub -recipient, contractor, or subcontractor of
that Member.
b. Notwithstanding, the obligation to indemnify shall not apply to any costs or
liabilities caused solely by the active negligence or willful misconduct of FCOG
or any of its officers, directors, and employees.
9. Duration of MOU. This MOU shall be in effect from the Effective Date until
December 31, 2024 unless its term is extended by written modification in
accordance with the provisions of section 12, paragraph c of this MOU.
Page 3 of 7
10. Subsequent MOUs. The Members understand and agree that subsequent MOUs
may be necessary to facilitate the distribution of further grant funding from HCD
under section 50515.02, subdivision (a), of the Health and Safety Code. The
Members hereby commit to negotiate the terms and conditions of such subsequent
MOUs in good faith, in order to achieve concurrence and ensure execution of same
in a timely fashion.
11. Notices. All notices provided for or permitted under this MOU must be in writing
and delivered either by personal service, by first-class United States mail, by an
overnight commercial courier service, or as a PDF attachment to an email sent to
the addresses provided for the Members above. Any Member may change its
address for receipt of notice by providing notice of that change as provided in this
section 11.
a. A notice delivered by personal service is effective upon service to the
recipient.
b. A notice delivered by first-class United States mail is effective three
business days after deposit in the United States mail, postage prepaid,
addressed to the recipient.
c. A notice delivered by an overnight commercial courier service is effective
one County business day after deposit with the overnight commercial
courier service, delivery fees prepaid, with delivery instructions given for
next day delivery, addressed to the recipient.
d. A notice delivered by email is effective when sent, if the email is sent
between the hours of 8:00 am and 5:00 pm on a business day. If sent
outside the hours of 8:00 am and 5:00 pm on a business day, a notice
delivered by email becomes effective on the first business day following.
12. General Provisions.
a. This MOU is binding upon and shall inure to the benefit of any successors
or assigns of the Members.
b. This MOU represents the entire understanding of the Members as to those
matters contained in this MOU. No prior oral or written understanding shall
be of any force or effect with respect to those matters covered in this MOU.
c. This MOU may not be modified or altered except by writing signed by all
Members.
d. No Member may assign, delegate or transfer its rights and duties in this
MOU without the written consent of all other Members, except that any
Member may enter into one or more sub -agreements with any sub -recipient,
contractor, or subcontractor to implement activities in furtherance of the
Page 4 of 7
purposes for which the Initial Grant was approved by HCD without the
necessity of obtaining such consent.
e. Any dispute arising under this MOU, which is not resolvable by informal
mediation between or among the Members, shall be adjudicated in a court
of law under the laws of the State of California.
For all claims arising from or related to this MOU, nothing in this MOU
establishes, waives, or modifies any claims presentation requirements or
procedures provided by law, including the Government Claims Act (Division
3.6 of Title 1 of the Government Code, beginning with section 810).
g. This MOU shall be administered and interpreted under the laws of the State
of California. Jurisdiction of litigation arising from this MOU shall only be in
California. Any action brought to interpret or enforce this MOU, or any of the
terms or conditions hereof, shall be brought and maintained in the Fresno
County Superior Court.
h. If any part of this MOU is found by a court of competent jurisdiction to be
unlawful or otherwise unenforceable, the balance of this MOU remains in
full force and effect, and the Members shall make best efforts to replace the
unlawful or unenforceable part of this MOU with lawful and enforceable
terms intended to accomplish the Members' original intent.
i. Section headings are provided for convenience only and are not part of this
MOU.
This MOU does not and is not intended to create any rights or obligations
for any person or entity except for the Members.
k. Each Member represents and warrants that the individual signing this MOU
is duly authorized to do so and their signature on this MOU legally binds
that Member to the terms of this MOU.
I. This MOU may be signed in counterparts, each of which is an original, and
all of which together constitute this MOU.
[Signature pages follow.]
Page 5 of 7
The Members have caused this MOU to be executed as of the date and year first above
written.
Fresno Council of Governments
By: �.
Tony Boren, Director
Approved as to Legal Form:
in
Print:
Kings County Association of
Governments
By:
1��
Terri King, Director
Approved as to Legal Form:
Print:
Kern Council of Governments
o
By:
Ahron Hakimi, Director
Approved as to Legal Form:
By
Print:
Madera County Transportation
Commission
By:
Patricia Taylor, Director
Approved as to Legal Form:
By:
Print:
Page 6 of 7
Merced County Association of
Governments
By:
Stacie Guzman, Director
Approved as to Legal Form:
By:
Print:
Stanislaus Council of Governments
By:
Rosa Park, Director
Approved as to Legal Form:
By: 4--?V;IL
Print:
San Joaquin Council of Governments
By:
Andrew Chesley, Director
Approved as to Legal Form:
Print:
Tulare County Association of
Governments
In
Ted Smalley, Director
Approved as to Legal Form:
By: �
Print:
Page 7 of 7
Exhibit A
Grant funding agreement number 19 -REAP -14029
STATE OF CALIFORNIA - DEPARTMENT OF GENERAL
SERVICES ---- --- --- --
STANDARD AGREEMENT ^AGREEMENT NUMBER
STD 213 (Rev. 03/2019) 19 -REAP -14029
1. This Agreement is entered into between the Contracting Agency and the Contractor named below:
CONTRACTING AGENCY NAME
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
CONTRACTOR'S NAME
Fresno Council of Governments
PURCHASING AUTHORITY NUMBER (if applicable)
2. The term of this Agreement is:
START DATE
Upon HCD Approval
THROUGH END DATE
12/31/2024
3. The maximum amount of this Agreement is:
$10,218,830.75
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.
EXHIBITS TITLE PAGES
Exhibit A Authority, Purpose and Scope of Work 3
Exhibit B Budget Detail and Payment Provisions 3
Exhibit C' State of California General Terms and Conditions GTC - 04/2017
Exhibit D REAP General Terms and Conditions 9
Exhibit E Special Conditions 0
TOTAL NUMBER OF PAGES ATTACHED 15
Items shown with an asterisk ('), are hereby incorporated by reference and made part of this agreement as if attached hereto
These documents can be viewed at https://www.dgs.ca.gov/OLS/Resources
IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.
CONTRACTOR
CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership,etc.)
Fresno Council of Governments
CONTRACTOR BUSINESS ADDRESS
2035 Tulare St., #201
PRINTED NA F PERSON SIGNING
CONTRACTOR 01SIGNATURE
CONTRACTING AGENCY NAME
Department of Housing and Community Development
CONTRACTING AGENCY ADDRESS
2020 W. EI Camino Ave., Suite 130
CITY STATE ZIP
Fresno CA 93721
-- .........
TITLES
DATE SIGNED
STATE OF CALIFORNIA
CITY STATE ZIP
Sacramento CA 95833
PRINTED NAME OF PERSON SIGNING TITLE
Shaun Singh Contracts Manager,
Business & Contract Services Branch
CONTRACTING AGENCY AUTHORIZED SIGNATURE a DATE SIGNED
9/3/2020
California Department of General Services Approval (or exemption if applicable)
Exempt per; SCM Vol. 1 4.04.A.3 (DGS memo dated 6/12/1981)
Fresno Council of Governments
19 -REAP -14029
EXHIBIT A
AUTHORITY, PURPOSE AND SCOPE OF WORK
Authority
Page 1 of 3
Rev.8/19/2020
The Local Government Planning Support Grants Program is established for the
purpose of providing regions and jurisdictions with one-time funding, including
grants for planning activities to enable jurisdictions to meet the sixth cycle of the
regional housing needs assessment. Up to two hundred fifty million dollars
($250,000,000) shall be distributed under the program in accordance with
Health and Safety Code sections 50515.02 and 50515.03. Of this amount,
approximately one hundred twenty-five million dollars ($125,000,000) is
available to councils of governments and other regional entities. The
Department of Housing and Community Development (Department or HCD)
shall administer the Program (referred to herein as the Regional Early Action
Planning Grant Program, or "REAP") to councils of governments and other
regional entities in accordance with the Notice of Funding Availability ("NOFA")
pursuant to Health and Safety Code section 50515.04, subdivision (f).
Pursuant to Health and Safety Code section 50515.02, subdivision (d)(3), a
council of governments or a fiscal agent of a multiagency working group, as
defined in section 50515.02, may request up to 25 percent of its available
funding in advance. This Standard Agreement authorizes the encumbrance of
full funds available to the applicant pursuant to the NOFA, subject to all statutory
requirements and all applicable provisions including the NOFA, initial application
and award for advance payment, subsequent advance payment application and
award, application and award for the full remaining fund amount and
amendment to this agreement.
The Grantee shall consult with the Department on any amendment or other
provision related to the implementation of the Program. The Department
decisions related to the administration of the Program shall be final pursuant to
Health and Safety Code section 50515.04, subdivision (g).
2. Purpose
In accordance with the authority cited above, the Grantee has been awarded
financial assistance in the form of a grant from the Program. The Department has
agreed to make the grant for planning activities pursuant to the NOFA and this
Agreement. By entering into this Agreement and thereby accepting the award of
the Program funds, the Grantee agrees to comply with the terms and conditions
Regional Early Action Planning Grant Program (REAP)
NOFA Date: October 10, 2019
Approved Date: April 9, 2020
Prep. Date: August 12, 2020
Fresno Council of Governments
19 -REAP -14029
Page 2of3
Rev.8/19/2020
EXHIBIT A
of the NOFA, this Agreement, subsequent amendments to this Agreement, the
representations contained in the initial advance payment and subsequent full
application(s), and the requirements of the authority cited above. Based on all
representations made by the Grantee, the Department shall encumber the full
amount pursuant the NOFA and provide advance payment and subsequent
payments in accordance with Exhibit B. All terms, conditions and other relevant
provisions will be subject to amendments as a result of subsequent applications
and awards for remaining funds after the initial application up to 25 percent of the
full amount described in Exhibit B.
3. Definitions
Terms herein shall have the same meaning as defined by the NOFA.
4. Scope of Work
Grantee shall use the awarded funds in accordance with the approved Scope of
Work as contained in the timeline and budget and related information outlined in
the application for 25 percent advance payment and any subsequent applications
for partial or full funding. The Scope of Work may be amended in compliance
with statutory requirements subject to approval by the Department.
5. Monitoring
A. The Grantee shall maintain books, records, documents, and other
evidence that demonstrates the funding was used for the appropriate
purposes, as described in the Scope of Work, approved application,
subsequent approved applications and all other pertinent documents.
These books, records, documents and other evidence shall be made
available for audit and inspection by the Department at any point during
the term of the agreement and subject to any amendments to this
agreement.
B. The Department may request additional information, as needed, to meet
the statutory requirements of the Program and facilitate amendments to
this agreement, including but not limited to reporting or audit requirements,
progress in implementing advance payment(s), or award of the full amount
available to the Grantee.
Regional Early Action Planning Grant Program (REAP)
NOFA Date: October 10, 2019
Approved Date: April 9, 2020
Prep. Date: August 12, 2020
Fresno Council of Governments
19 -REAP -14029
Page 3of3
Rev.8/19/2020
EXHIBIT A
C. The Department may monitor expenditures and activities of an applicant,
as the Department deems necessary, to ensure compliance with statutory
or Department requirements.
D. The Department may, as it deems appropriate or necessary, request the
repayment of funds from an applicant, or pursue any other remedies
available to it by law for failure to comply with statutory or Department
requirements.
E. The Department's decision to approve or deny an application or request
for funding pursuant to the Program, and its determination of the amount
of funding to be provided, shall be final.
F. Monitoring provisions may be amended and are subject to additional
provisions in accordance with this agreement or subsequent amendments.
6. Department Contract Coordinator
The Contract Coordinator of this Agreement for the Department is the Housing
Policy Development Manager, or the Manager's designee. Unless otherwise
informed, any notice, report, or other communication required by this Agreement
shall be mailed by first class mail to the Department Contract Coordinator at the
following address:
Department of Housing and Community Development
Housing Policy Development Division
Land Use Planning Unit
Attention: REAP Program Manager
2020 West EI Camino Avenue, Suite 500
Sacramento, CA 95833
P. O. Box 952050
Sacramento, CA 94252-2050
Regional Early Action Planning Grant Program (REAP)
NOFA Date: October 10, 2019
Approved Date: April 9, 2020
Prep. Date: August 12, 2020
Fresno Council of Governments
19 -REAP -14029
Page 1 of 3
Rev. 8/19/2020
EXHIBIT B
BUDGET DETAIL AND PAYMENT PROVISIONS
Application for Funds
A. The Department is entering into this Agreement on the basis of, and in
reliance on facts, information, assertions and representations contained in
any application and award and any subsequent modifications or additions
thereto approved by the Department. All awarded applications for funding
and any approved modifications and additions thereto are hereby
incorporated into this Agreement.
B. The Grantee warrants that all information, facts, assertions and
representations contained in any approved application and approved
modifications and additions thereto are true, correct, and complete to the
best of the Grantee's knowledge. In the event that any part of an
application and any approved modification and addition thereto is untrue,
incorrect, incomplete, or misleading in such a manner that would
substantially affect the Department's approval, disbursement, or
monitoring of the funding and the grant or activities governed by this
Agreement, the Department may declare a breach hereof and take such
action or pursue such remedies as are provided for breach hereof.
2. Grant and Reimbursement Limit
A. The maximum total amount encumbered to the Grantee pursuant to this
Agreement shall not exceed $10,218,830.75.
B. This Agreement authorizes an initial advance payment(s) for eligible
activities as described in the application.
C. This Agreement authorizes subsequent award amounts or advance
payment up to the total award amount as described in Section 2A, of this
Exhibit, and subject to Department approval.
D. The Grantee shall submit and follow a schedule for the expenditure of the
advance payment, any subsequent payment and the total amount prior to
Regional Early Action Planning Grants (REAP)
NOFA Date: October 10, 2019
Approved Date: March 30, 2020
Prep. Date: August 12, 2020
Fresno Council of Governments
19 -REAP -14029
Page 2of3
Rev. 8/19/2020
EXHIBIT B
disbursement of funds. The schedule is subject to Department approval
and may be revised as the Department deems necessary.
3. Grant Timelines
A. This Agreement is effective upon approval by the Department
representative's signature on page one of the fully executed Standard
Agreement, STD 213, (the "Effective Date").
B. All Grant funds must be expended by December 31, 2023 pursuant to
Health and Safety Code section 50515.04(c )(1).
C. The Grantee shall deliver to the Department all final invoices for
reimbursement on or before November 1, 2023, to ensure the Department
meets the December 31, 2023 expenditure deadline. Under special
circumstances, approved by the Department, the Department may modify
the November 1, 2023 deadline and may provide exception, including, but
not limited to, advance payment to carry out the terms of this agreement.
D. It is the responsibility of the Grantee to monitor the project and timeliness
of draws within the specified dates.
4. Allowable Uses of Grant Funds
A. The Department shall not award or disburse funds unless it determines
that the grant funds shall be expended in compliance with the terms and
provisions of the NOFA which includes associated forms and guidelines
and this Agreement.
B. Grant funds shall only be used by the Grantee for project activities
approved by the State that involve planning activities in accordance with
the NOFA.
C. Grant funds may not be used for administrative costs of persons employed
by the Grantee for activities not directly related to eligible activities.
D. The Grantee shall use no more than 5 percent of the total grant amount
for costs related to administration of the project.
Regional Early Action Planning Grants (REAP)
NOFA Date: October 10, 2019
Approved Date: March 30, 2020
Prep. Date: August 12, 2020
Fresno Council of Governments
19 -REAP -14029
Page 3 of 3
Rev. 8/19/2020
EXHIBIT B
E. A Grantee that receives funds under this Program may use a
subcontractor and Grantee shall be accountable to the Department to
ensure subcontractor's performance. The subcontract shall provide for
compliance with all the requirements of the Program. The subcontract
shall not relieve the Grantee of its responsibilities under the Program.
F. After the contract has been executed by the Department and all parties,
approved and eligible costs for eligible activities may be reimbursed for
the project(s) upon completion of deliverables or paid in advance in
accordance with the scope of work and subject to the terms and
conditions of this Agreement.
G. Only approved and eligible costs incurred for work after October 1, 2019,
continued past the date of execution and acceptance of the Standard
Agreement and completed during the grant term will be reimbursable.
5. Performance
The Grantee will be subject to amendments to this section as a result of future
applications and awards.
6. Fiscal Administration
A. The Grantee will be subject to amendments to this section as a result of
subsequent applications and awards, in consultation with the Grantee.
B. It is mutually agreed that if the Budget Act of the current year and/or any
subsequent years covered under this Agreement does not appropriate
sufficient funds for the program, this Agreement shall immediately
terminate and be of no further force and effect. In this event, the State and
Contractor shall be relieved of any and all obligations under this Grant
Agreement.
C. If funding for any fiscal year is reduced or deleted by the Budget Act for
purposes of this program, the State shall have the sole discretion to
cancel this Agreement without cause, no liability occurring to the State, or
amend the current Grant Agreement and amount allocated to Contractor.
Regional Early Action Planning Grants (REAP)
NOFA Date: October 10, 2019
Approved Date: March 30, 2020
Prep. Date: August 12, 2020
Fresno Council of Governments
19 -REAP -14029
Page 1 of 9
Rev. 8/19/2020
EXHIBIT D
REAP TERMS AND CONDITIONS
Reporting
A. During the term of the Standard Agreement the Grantee shall submit, upon
request of the Department, a performance report that demonstrates satisfaction
of all requirements identified in this Standard Agreement.
B. The Grantee will be subject to amendments to this section as a result of
subsequent applications and awards.
2. Accounting Records
A. The Grantee, its staff, contractors and subcontractors shall establish and
maintain an accounting system and reports that properly accumulate incurred
project costs by line. The accounting system shall conform to Generally Accepted
Accounting Principles (GAAP), enable the determination of incurred costs at
interim points of completion, and provide support for reimbursement payment
vouchers or invoices.
B. The Grantee shall establish a separate ledger account for receipts and
expenditures of grant funds and maintain expenditure details in accordance with
the scope of work, project timeline and budget. Separate bank accounts are not
required.
C. The Grantee shall maintain documentation of its normal procurement policy and
competitive bid process (including the use of sole source purchasing), and
financial records of expenditures incurred during the course of the project in
accordance with GAAP.
D. The Grantee agrees that the State or designated representative shall have the
right to review and to copy any records and supporting documentation pertaining
to the performance of the Standard Agreement.
E. Subcontractors employed by the Grantee and paid with moneys under the terms
of this Standard Agreement shall be responsible for maintaining accounting
records as specified above.
3. Audits
A. At any time during the term of the Standard Agreement, the Department may
Regional Early Action Planning Grants (REAP)
NOFA Date: October 10, 2019
Approved Date: April 9, 2020
Prep. Date: August 12, 2020
Fresno Council of Governments
19 -REAP -14029
Page 2 of 9
Rev. 8/19/2020
EXHIBIT D
perform or cause to be performed a financial audit of any and all phases of the
award. At the Department's request, the Grantee shall provide, at its own
expense, a financial audit prepared by a certified public accountant. The State of
California has the right to review project documents and conduct audits during
and over the project life.
1) The Grantee agrees that the Department or the Department's designee
shall have the right to review, obtain, and copy all records and supporting
documentation pertaining to performance of this Agreement.
2) The Grantee agrees to provide the Department or the Department's
designee, with any relevant information requested.
3) The Grantee agrees to permit the Department or the Department's
designee access to its premises, upon reasonable notice, during normal
business hours for the purpose of interviewing employees who might
reasonably have information related to such records 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 statutes, Program guidelines, and this Agreement.
B. If a financial audit is required by the Department, the audit shall be performed by
an independent certified public accountant. Selection of an independent audit
firm shall be consistent with procurement standards contained in Exhibit D,
Section 8 subsection A. of this Standard Agreement.
1) The Grantee shall notify the Department of the auditor's name and
address immediately after the selection has been made. The contract for
the audit shall allow access by the Department to the independent
auditor's working papers.
2) The Grantee is responsible for the completion of audits and all costs of
preparing audits.
3) If there are audit findings, the Grantee shall submit a detailed response
acceptable to the Department for each audit finding within 90 days from
the date of the audit finding report.
C. The Grantee agrees to maintain such records for possible audit after final
payment pursuant to Exhibit D, Section 3, subsection E. below, unless a longer
period of records retention is stipulated.
Regional Early Action Planning Grants (REAP)
NOFA Date: October 10, 2019
Approved Date: April 9, 2020
Prep. Date: August 12, 2020
Fresno Council of Governments
19 -REAP -14029
Page 3of9
Rev. 8/19/2020
EXHIBIT D
1) If any litigation, claim, negotiation, audit, monitoring, inspection or other
action has been started before the expiration of the required record
retention period, all records must be retained by the Grantee, contractors
and sub -contractors until completion of the action and resolution of all
issues which arise from it. The Grantee shall include in any contract that it
enters into in an amount exceeding $10,000.00, the Department's right to
audit the contractor's records and interview their employees.
2) The Grantee shall comply with the caveats and be aware of the penalties
for violation of fraud and for obstruction of investigation as set forth in
California Public Contracts Code section 10115.10.
D. The determination by the Department of the eligibility of any expenditure shall be
final.
E. The Grantee shall retain all books and records relevant to this Agreement for a
minimum of (3) three years after the end of the term of this Agreement. Records
relating to any and all audits or litigation relevant to this Agreement shall be
retained for five years after the conclusion or resolution of the matter.
4. Remedies of Non-performance
A. Any dispute concerning a question of fact arising under this Standard Agreement
that is not disposed of by agreement shall be decided by the Department's
Housing Policy Development Manager, or the Manager's designee, who may
consider any written or verbal evidence submitted by the Grantee. The decision
of the Department's Housing Policy Development Manager or Designee shall be
the Department's final decision regarding the dispute, not subject to appeal.
B. Neither the pendency of a dispute nor its consideration by the Department will
excuse the Grantee from full and timely performance in accordance with the
terms of this Standard Agreement.
C. In the event that it is determined, at the sole discretion of the Department, that
the Grantee is not meeting the terms and conditions of the Standard Agreement,
immediately upon receiving a written notice from the Department to stop work,
the Grantee shall cease all work under the Standard Agreement. The
Department has the sole discretion to determine that the Grantee meets the
terms and conditions after a stop work order, and to deliver a written notice to the
grantee to resume work under the Standard Agreement.
Regional Early Action Planning Grants (REAP)
NOFA Date: October 10, 2019
Approved Date: April 9, 2020
Prep. Date: August 12, 2020
Fresno Council of Governments
19 -REAP -14029
Page 4of9
Rev. 8/19/2020
EXHIBIT D
D. Both the Grantee and the Department have the right to terminate the Standard
Agreement at any time upon 30 days written notice. The notice shall specify the
reason for early termination and may permit the Grantee or the Department to
rectify any deficiency(ies) prior to the early termination date. The Grantee shall
submit any requested documents to the Department within 30 days of the early
termination notice.
E. A strong implementation component for the funded activity through this Program
is required, including, where appropriate, agreement by Grantee and its
subcontractors to formally adopt or complete a planning or other activity
consistent with the NOFA. The Grantee must carry out provisions to ensure the
adoption or completion of activities in accordance with the NOFA, including
activities subcontracted to localities. Grantee may be subject to repayment of the
grant should the Grantee or any of its subcontractors under this agreement fail to
adopt or complete activities set forth in its application, this Agreement or any
amendments to this Agreement.
F. The following shall each constitute a breach of this Agreement:
1) Grantee's failure to comply with any term or condition of this Agreement.
2) Use of, or permitting the use of, grant funds provided under this Agreement
for any ineligible costs or for any activity not specified and approved under
this Agreement.
3) Any failure to comply with the deadlines set forth in this Agreement unless
approved by the Program Manager in writing.
G. In addition to any other remedies that may be available to the Department in law
or equity for breach of this Agreement, the Department may at its discretion,
exercise a variety of remedies, including but not limited to:
1) Revoke existing REAP award(s) to the Grantee;
2) Require the return of unexpended REAP funds disbursed under this
Agreement;
3) Require repayment of REAP Funds disbursed and expended under this
agreement;
4) Seek a court order for specific performance of the obligation defaulted upon,
or the appointment of a receiver to complete the obligations in accordance
Regional Early Action Planning Grants (REAP)
NOFA Date: October 10, 2019
Approved Date: April 9, 2020
Prep. Date: August 12, 2020
Fresno Council of Governments
19 -REAP -14029
Page 5 of 9
Rev. 8/19/2020
EXHIBIT D
with the REAP Program requirements; and
5) Other remedies available at law, by and through this agreement. All
remedies available to the Department are cumulative and not exclusive.
6) The Department may give written notice to the Grantee to cure the breach
or violation within a period of not less than 15 days.
H. The Grantee may be subject to amendment of this section as a result of
subsequent applications and awards.
5. Indemnification
Neither the Department nor any officer or employee thereof is responsible for any injury,
damage or liability occurring by reason of anything done or omitted to be done by the
Grantee, its officers, employees, agents, its contractors, its sub -recipients or its
subcontractors under or in connection with any work, authority or jurisdiction conferred
upon the Grantee under this Standard Agreement. It is understood and agreed that the
Grantee shall fully defend, indemnify and save harmless the Department and all of the
Department's staff from all claims, suits or actions of every name, kind and description
brought forth under, including, but not limited to, tortuous, contractual, inverse
condemnation or other theories or assertions of liability occurring by reason of anything
done or omitted to be done by the Grantee, its officers, employees, agents contractors,
sub -recipients, or subcontractors under this Standard Agreement.
6. Waivers
No waiver of any breach of this Agreement shall be held to be a waiver of any prior or
subsequent breach. The failure of the Department to enforce at any time the provisions
of this Agreement, or to require at any time, performance by the Grantee of these
provisions, shall in no way be construed to be a waiver of such provisions nor to affect
the validity of this Agreement or the right of the Department to enforce these provisions.
7. Relationship of Parties
It is expressly understood that this Standard Agreement is an agreement executed by
and between two independent governmental entities and is not intended to, and shall
not be construed to, create the relationship of agent, servant, employee, partnership,
joint venture or association, or any other relationship whatsoever other than that of an
independent party.
8. Third -Party Contracts
Regional Early Action Planning Grants (REAP)
NOFA Date: October 10, 2019
Approved Date: April 9, 2020
Prep. Date: August 12, 2020
Fresno Council of Governments
19 -REAP -14029
Page 6 of 9
Rev. 8/19/2020
EXHIBIT D
A. All state -government funded procurements must be conducted using a fair and
competitive procurement process. The Grantee may use its own procurement
procedures as long as the procedures comply with all City/County laws, rules and
ordinances governing procurement, and all applicable provisions of California
state law.
B. Any contract entered into as a result of this Agreement shall contain all the
provisions stipulated in this Agreement and shall be applicable to the Grantee's
sub -recipients, contractors, and subcontractors. Copies of all agreements with
sub -recipients, contractors, and subcontractors shall be submitted to the
Department's program manager.
C. The Department does not have a contractual relationship with the Grantee's sub -
recipients, contractors, or subcontractors, and the Grantee shall be fully
responsible for monitoring and enforcement of those agreements and all work
performed thereunder.
9. Compliance with State and Federal Laws, Rules, Guidelines and Regulations
A. The Grantee agrees to comply with all state and federal laws, rules and
regulations that pertain to construction, health and safety, labor, fair employment
practices, equal opportunity, and all other matters applicable to the grant, the
Grantee, its contractors or subcontractors, and any other grant activity.
B. During the performance of this Agreement, the Grantee assures that no
otherwise qualified person shall be excluded from participation or employment,
denied program benefits, or be subjected to discrimination based on race, color,
ancestry, national origin, sex, gender, gender identity, gender expression,
genetic information, age, disability, handicap, familial status, religion, or belief,
under any program or activity funded by this contract, as required by Title VI of
the Civil Rights Act of 1964, the Fair Housing Act (42 USC 3601-20) and all
implementing regulations, and the Age Discrimination Act of 1975 and all
implementing regulations.
C. The Grantee shall include the nondiscrimination and compliance provisions of
this clause in all agreements with its sub -recipients, contractors, and
subcontractors, and shall include a requirement in all agreements that each of
them in turn include the nondiscrimination and compliance provisions of this
Regional Early Action Planning Grants (REAP)
NOFA Date: October 10, 2019
Approved Date: April 9, 2020
Prep. Date: August 12, 2020
Fresno Council of Governments
19 -REAP -14029
Page 7of9
Rev. 8/19/2020
EXHIBIT D
clause in all contracts and subcontracts they enter into to perform work under
REAP.
D. The Grantee shall, in the course of performing project work, fully comply with the
applicable provisions of the Americans with Disabilities Act (ADA) of 1990, which
prohibits discrimination on the basis of disability, as well as all applicable
regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)
E. The Grantee shall adopt and implement affirmative processes and procedures
that provide information, outreach and promotion of opportunities in the REAP
project to encourage participation of all persons regardless of race, color,
national origin, sex, religion, familial status, or disability. This includes, but is not
limited to, a minority outreach program to ensure the inclusion, to the maximum
extent possible, of minorities and women, and entities owned by minorities and
women, as required by 24 CFR 92.351.
10. 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.
B. The Grantee shall notify the Department immediately of any claim or action
undertaken by or against it, which affects or may affect this Agreement or the
Department, and shall take such action with respect to the claim or action
consistent with the terms of this Agreement and the interests of the Department.
11. Changes in Terms/Amendments
A. The Grantee may be subject to amendments to this section as a result of
subsequent applications and awards.
B. This Agreement may only be amended or modified by mutual written agreement
of both parties.
12. State -Owned Data
A. Definitions
Regional Early Action Planning Grants (REAP)
NOFA Date: October 10, 2019
Approved Date: April 9, 2020
Prep. Date: August 12, 2020
EXHIBIT D
1) Work:
Fresno Council of Governments
19 -REAP -14029
Page 8 of 9
Rev. 8/19/2020
The work to be directly or indirectly produced by the Grantee, its employees, or
by and of the Grantee's contractor's, subcontractor's and/or sub -recipient's
employees under this Agreement.
2) Work Product:
All deliverables created or produced from Work under this Agreement including,
but not limited to, all Work and Deliverables conceived or made, either solely or
jointly with others during the term of this Agreement, which relates to the Work
commissioned or performed under this Agreement. Work Product includes all
deliverables, inventions, innovations, improvements, or other works of authorship
Grantee and/or Grantee's contractor subcontractor and/or sub -recipient may
conceive of or develop in the course of this Agreement, whether or not they are
eligible for patent, copyright, trademark, trade secret or other legal protection.
3) Inventions:
Any ideas, methodologies, designs, concept, technique, invention, discovery,
improvement or development regardless of patentability made solely by the
Grantee or jointly with the Grantee's contractor, subcontractor and/or sub -
recipient and/or Grantee's contractor, subcontractor, and/or sub -recipient's
employees with one or more employees of the Department during the term of this
Agreement and in performance of any Work under this Agreement, provided that
either the conception or reduction to practice thereof occurs during the term of
this Agreement and in performance of Work issued under this Agreement.
B. Ownership of Work Product and Rights
1) All work Product derived by the Work performed by the Grantee, its
employees or by and of the Grantee's contractor's, subcontractor's and/or
sub -recipient's employees under this Agreement, shall be owned by the
Department and shall be considered to be works made for hire by the
Grantee and the Grantee's contractor, subcontractor and/or subrecipient
for the Department. The Department shall own all copyrights in the work
product.
2) Grantee, its employees and all of Grantee's contractor's, subcontractor's
and sub -recipient's employees agree to perpetually assign, and upon
creation of each Work Product automatically assign, to the Department,
ownership of all United States and international copyrights in each and
Regional Early Action Planning Grants (REAP)
NOFA Date: October 10, 2019
Approved Date: April 9, 2020
Prep. Date: August 12, 2020
Fresno Council of Governments
19 -REAP -14029
Page 9of9
Rev. 8/19/2020
EXHIBIT D
every Work Product, insofar as any such Work Product, by operation of
law, may not be considered work made for hire by the Grantee's
contractor, subcontractor and/or subrecipient from the Department. From
time to time upon the Department's request, the Grantee's contractor,
subcontractor and/or subrecipients, and/or its employees, shall confirm
such assignments by execution and delivery of such assignment,
confirmations or assignment or other written instruments as the
Department may request. The Department shall have the right to obtain
and hold in its name all copyright registrations and other evidence of rights
that may be available for Work Product under this Agreement. Grantee
hereby waives all rights relating to identification of authorship restriction or
limitation on use or subsequent modification of the Work.
3) Grantee, its employees and all Grantee's contractors, subcontractors and
sub -recipients hereby agree to assign to the Department all Inventions,
together with the right to seek protection by obtaining patent rights
therefore and to claim all rights or priority thereunder and the same shall
become and remain the Department's property regardless of whether such
protection is sought. The Grantee, its employees and Grantee's
contractor, subcontractor and /or subrecipient shall promptly make a
complete written disclosure to the Department of each Invention not
otherwise clearly disclosed to the Department in the pertinent Work
Product, specifically noting features or concepts that the Grantee, its
employees and/or Grantee's contractor, subcontractor and/or subrecipient
believes to be new or different.
4) Upon completion of all work under this Agreement, all intellectual property
rights, ownership and title to all reports, documents, plans, specifications
and estimates, produced as part of this Agreement shall automatically vest
in the Department and no further agreement will be necessary to transfer
ownership to the Department.
13. Special Conditions
The State reserves the right to add any special conditions to this Agreement it deems
necessary to assure that the policy and goals of the Program are achieved, in
consultation with the Grantee.
Regional Early Action Planning Grants (REAP)
NOFA Date: October 10, 2019
Approved Date: April 9, 2020
Prep. Date: August 12, 2020
Exhibit B
Pro -rata Initial Allocations to Each Regional Transportation Planning Agency
Based on January 2020 California Department of Finance Population Estimates
REAP PLANNING GRANT INITIAL ALLOCATIONS
MPO Share by Population*
Fresno Council of Governments
Kern Council of Governments
Kings County Association of Governments
Madera County Transportation Commission
Merced County Association of Governments
San Joaquin Council of Governments
Stanislaus Council of Governments
Tulare County Association of Governments
MPO
DISTRIBUTION
1,032,227
23.50%
$1,114,737.62
927,251
21.11%
$1,001,370.41
156,444
3.56%
$168,949.28
160,089
3.64%
$172,885.65
287,420
6.54%
$310,394.79
782,545
17.81%
$845,097.40
562,303
12.80%
$607,250.45
484,423
11.03%
$523,145.14
Total 4,392,702 100.00% $4,743,830.75
ATTACHMENT 3: DRAFT REAP REPORTING FORM
1\:J0:-4=1.11
Agency:
Name:
Title:
Date:
Quarterly Report: Q1 -Q4
01
Q 4:
FUNDING $$
FUNDING $$
FUNDING $$
FUNDING $$
Task List
INSERT TASK
INSERT TASK
INSERT TASK
INSERT TASK
INSERT TASK
•1'
Funding UsedI Funding
Available
Please describe what funding was used for:
Make sure the
following is
complete before
submittal:
C Form Complete
:1 Backup Attached
Send attachments
electronically to
Hailey Lang at
lanq(a_sjcoq.orq.
Notes
ATTACHMENT 4: SJCOG REAP Template Agreement
MASTER AGREEMENT
BETWEEN
THE SAN JOAQUIN COUNCIL OF GOVERNMENTS
AND
[LOCAL JURISDICTION]
SJCOG Regional Early Action Planning Grant
MASTER AGREEMENT
BETWEEN
THE SAN JOAQUIN COUNCIL OF GOVERNMENTS
AND
[LOCAL JURISDICTION]
This AGREEMENT (hereinafter "Agreement"), effective as of [Month Day, 2021 ] is made and
entered into by and between SAN JOAQUIN COUNCIL OF GOVERNMENTS a Joint Powers
Authority established under California Government Code section 6500 et seq. (hereinafter
"SJCOG") and, [LOCAL JURISDICTION] (hereinafter "Grantee");
I. Witnesseth
WHEREAS, the California Department of Housing and Community Development (HCD) has
provided funds for the Regional Early Action Planning Program; and
WHEREAS, the provided funds by HCD have been made available through the San Joaquin
Valley REAP Committee on behalf of Fresno Council of Governments, Kern Council of
Governments, Kings County Association of Governments, Madera County Transportation
Commission, Merced County Association of Governments, and San Joaquin Council of
Governments (SJCOG); and
WHEREAS, the San Joaquin Valley REAP Committee signed a Memorandum of Understanding
(MOU) to facilitate regional sub -allocations; and
WHEREAS, SJCOG has been delegated the responsibility for administration of the grant
allocation, establishing necessary procedures; and
WHEREAS, HCD awarded the allocation to SJCOG on behalf of San Joaquin County Member
Agencies (City of Escalon, City of Lathrop, City of Lodi, City of Manteca, City of Ripon, City
of Stockton, City of Tracy, and County of San Joaquin); and
WHEREAS, SJCOG and participating member agencies, will conduct planning activities that
will accelerate housing production and housing -related initiatives; and
WHEREAS, the technical assistance provided by the participating Valley MPOs represents
staffing for the program that is reimbursable to the grant.
NOW, THEREFORE: The parties hereto do mutually agree as follows:
This Agreement is fully comprised of these terms and the attached exhibits which are
incorporated herein by reference. The exhibits attached to this Agreement are:
Exhibit A - Work Plan
Exhibit B - Project Team
2
Exhibit C — Project Schedule and Deliverables
Exhibit D — Project Budget
II. Statement of Work
Subject to the terms and conditions set forth in this Agreement, Grantee shall conduct the scope
of work described in Exhibit "A," in accordance with the provisions contained in Exhibit "A,"
and according to the schedule and budget identified in Exhibits "C" and "D." Grantee shall not
be compensated for services outside the scope of Exhibit "A" unless otherwise agreed upon
pursuant to Section VI of this Agreement.
III. Project Managers
During the performance of this Agreement, the representative project managers for SJCOG and
Grantee will be:
SJCOG: CHRISTINE CORRALES
Grantee: [PROJECT MANAGER]
IV. Term
Time is of the essence in this Agreement. The term of this Agreement is [Date] through
DECEMBER 31, 2023. The various phases involved in this project shall be completed as
indicated in Exhibit "C", Schedule and Deliverables. However, Grantee shall not be responsible
for delays caused by acts of God, agency reviews or delays from third parties.
V. Assi_ngnability
Grantee shall not assign any interest in this Agreement, and shall not transfer the same, without
the prior written consent of SJCOG.
VI. Modification of Agreement
No alteration, modification or deviation of the terms of this Agreement shall be valid unless
made in writing and signed by both parties. No oral understanding or agreement not
incorporated herein, shall be binding on any of the parties. SJCOG may request, at any time,
amendments to this Agreement and will notify Grantee in writing regarding changes. Upon a
minimum of ten (10) days notice, Grantee shall determine the impact on both time and
compensation of such changes and notify SJCOG in writing. Upon agreement between SJCOG
and Grantee as to the extent of these impacts on time and compensation, an amendment to this
Agreement shall be prepared describing such changes. Such amendments shall be binding on the
parties if signed by SJCOG and Grantee, and shall be effective as of the date of the amending
3
document unless otherwise indicated.
VII. Costs and Reimbursements
A. Maximum Agreement Amount/Budget Amendments
The total sum billed under this Agreement shall not exceed [GRANT ALLOCATION] ($XXX),
including all costs, overhead, and fixed fee expenses. Such billings, up to the specified amount,
shall constitute full and complete reimbursement for Grantee's work. SJCOG shall reimburse
Grantee for services rendered pursuant to this Agreement in accordance with the provisions
contained in Exhibit "D." The payments specified in Exhibit "D" shall be the only payments to
be made to Grantee for the services rendered pursuant to this Agreement unless otherwise agreed
pursuant to Section VI.
B. Progress Payments
Grantee shall invoice SJCOG every month for services performed during the month's period.
Supporting documentation on all expenses is required. Grantee shall be paid following the
receipt and approval of each invoice by SJCOG. Progress payment invoices shall be numbered
sequentially and identify the total Agreement amount, amount previously invoiced, current
invoice, and remaining available amounts. A progress report describing the work performed
needs to accompany each invoice
C. Billing Format and Content
Requisitions for payment shall refer to SJCOG REGIONAL EARLY ACTION PLANNING
GRANT, or as may be specified in a written notice by SJCOG. All billings shall be in the same
format as Exhibit "D." Specific budget category detail is given below:
1. Hourly Labor Rates: This project will be billed on a time and materials basis using
fixed billing rates, up to the Agreement maximum. All labor charges shall be billed on
an hourly rate basis by class of employee, rate per hour and number of hours.
(Anticipated personnel cost -of -living or merit increases, if any, should be reflected in the
budget).
2. Subconsultant/Subcontractor Charges: All subconsultant/subcontractor billings (as
applicable) shall identify the name of the subconsultant/subcontractor, the amount of
work performed (as categorized in the budget), the reimbursement rate, the total amount
billed, and the date and amount paid by Consultant. A copy of the sub consultant's
invoice is required.
3. Overhead: All overhead shall be included in the fixed billing rate.
4. Direct Costs: All direct costs billed shall be specifically identified. Any travel costs
shall not exceed the per diem and mileage rates payable to SJCOG employees. Any
direct costs not specifically identified in the Agreement budget cannot be reimbursed.
C!
5. Fixed Fee: A fixed fee on labor shall be included in fixed billing rate.
D. Allowable Costs and Documentation
All costs charged to this Agreement by Grantee shall be supported by properly executed payrolls,
time records, invoices, and vouchers, evidencing in proper detail the nature and propriety of the
charges. These records shall be maintained by Grantee for three years after SJCOG makes final
payment under this Agreement and shall be made available upon the request of SJCOG.
E. Final Billing
Final billing shall be received by SJCOG no later than September 30, 2023, to ensure SJCOG
provides final invoicing and reporting to HCD before the grant expenditure deadline of
December 31, 2023. This Agreement will be closed no later than 90 days following the end date
of this Agreement.
VIII. Progress Reports
Grantee shall submit written progress reports with each invoice and shall specify, by task, the
percentage of work completed to date and since the date of the preceding invoice, if any. The
progress reports shall describe the status of work performed as identified in Exhibit "A." The
purpose of the reports is to allow SJCOG to determine if Grantee is completing the activities
identified in Exhibit "A" in accordance with the agreed upon schedule, and to afford occasions
for airing difficulties or special problems encountered so remedies can be developed. Grantee's
Project Manager shall meet with SJCOG's Project Manager, as identified under Section III, as
needed to discuss work progress.
IX. Inspection of Work
Grantee, and any subcontractors, shall permit SJCOG the opportunity to review and inspect the
project activities at all reasonable times during the performance period of this Agreement
including review and inspection on a daily basis.
X. Staffing
There shall be no change in Grantee's Project Manager, or members of the project team, without
prior written approval by SJCOG. The Project Manager shall be responsible for keeping SJCOG
informed of the progress of the work and shall be available for meetings with SJCOG Board, and
its formal committees.
XI. Subcontracting
Grantee shall perform the work with resources available within its own organization, unless
otherwise specified in this Agreement. No portion of the work included in this Agreement shall
be subcontracted except as identified in Exhibit `B" of this Agreement, or with written
5
authorization by SJCOG. All authorized subcontracts shall contain the same applicable
provisions specified in this Agreement.
XII. Termination of Agreement
A. Termination by SJCOG
SJCOG may terminate or suspend this Agreement at any time by giving written notice to
Grantee of such termination, and the effective termination date, at least thirty (30) days before
the effective date of such termination. In such event, all finished or unfinished documents and
other materials pertaining to this Agreement shall become the property of SJCOG. If this
Agreement is terminated by SJCOG, as provided herein, Grantee shall be reimbursed for billings
incurred prior to the termination date, in accordance with the cost provisions of this Agreement.
B. Termination for Cause
If Grantee shall fail to fulfill in a timely and proper manner its obligations under this Agreement,
or if Grantee violates any of the covenants, provisions, or stipulations of this Agreement, SJCOG
shall thereupon have the rights to terminate the Agreement by giving not less than ten (10) days
written notice to Grantee of the intent to terminate and specifying the effective date thereof.
SJCOG shall provide an opportunity for consultation with Grantee prior to termination. In such
an event, all finished documents, data, studies, surveys, drawings, maps, models, photographs,
reports or other materials prepared by Grantee under this Agreement shall become properties of
SJCOG. If SJCOG terminates this Agreement, Grantee shall immediately suspend its activities
under this Agreement, as specified in such notice. Grantee shall promptly deliver to SJCOG
copies of all information prepared pursuant to this Agreement. Grantee shall be entitled to
receive compensation for all satisfactory work completed prior to the effective date of
termination.
XIII. Prevailing Wage and Compliance with Laws, Rules and Regulations
A. Compliance With All Applicable Laws
All services performed by Grantee pursuant to this Agreement shall be performed in accordance
and full compliance with all applicable state or local statutes, rules, and regulations. This
includes compliance with prevailing wage rates and their payment in accordance with California
Labor Code section 1770 et seq.
B. Pay Prevailing Wage
Pursuant to section 1770 et seq. of the California Labor Code, Grantee and any subcontractor
shall pay not less than the prevailing wage. A determination of the general prevailing rates of
per diem wages and holiday and overtime work where the work is to be performed is available
for review upon request at the SJCOG offices. The General Prevailing Wage Determinations
and the General Prevailing Wage Apprentice Schedules made by the Director of Industrial
Relations are also now available on the Internet at www.dir.ca.gov. Grantee shall post one copy
C
of the prevailing rates of wages at the job site. Grantee shall forfeit as penalty to SJCOG the
sum of up to fifty dollars ($50.00) for each calendar day or portion thereof, and for each worker,
including subcontractors' workers, paid less than the prevailing rates under the Agreement. In
addition, the difference between such prevailing wage rates and the amount paid to each worker
for each calendar day or portion thereof for which each worker was paid less than the prevailing
wage rate shall be paid to each worker by the Grantee as provided in section 1775 of the
California Labor Code.
C. Work Day
Eight (8) hours labor constitutes a legal day's work. Workers shall be paid at a rate of one and
one-half times the basic rate of pay for work in excess of eight (8) hours during a calendar day or
forty hours during a calendar week of the foregoing hours. Grantee shall keep and make
available an accurate record showing the name of each worker and hours worked each day and
each week by each worker. As a penalty, Grantee shall forfeit fifty dollars ($50.00) for each
worker, including subcontractors' workers, for each calendar day during which the worker is
required or permitted to work more than eight (8) hours in any one calendar day and forty (40)
hours in any one calendar week without being paid the wages required by Labor Code Section
1815.
D. Income Tax Forms
Grantee shall issue W-2 forms or the forms as required by law for income and employment tax
purposes for all of Grantee's assigned personnel.
E. Payroll Record Keeping
Grantee shall also comply with the payroll record keeping requirements of Section 1776 of the
California Labor Code and shall be responsible for each subcontractor complying with the
requirements of the California Labor Code sections 1770 et seq.
XIV. Standard of Performance
Grantee shall perform all services required pursuant to this Agreement in the manner according
to the standards currently observed by a competent practitioner of Grantee's profession in
California. All products of whatsoever nature which Grantee delivers to the SJCOG pursuant to
this Agreement shall be prepared in a professional manner and conform to the standards to
quality normally observed by a person currently practicing in Grantee's profession. Grantee
shall assign only competent personnel to perform.
VA
XV. Conflict of Interest
A. Independent Capacity
Grantee and the agents and employees of Grantee, shall act in an independent capacity in the
performance of this Agreement, and not as officers, employees or agents of SJCOG. No officer,
member, or employee of SJCOG or other public official of the governing body of the locality or
localities in which the work pursuant to this Agreement is being carried out, who exercises any
functions or responsibilities in the review or approval of the undertaking or carrying out of the
aforesaid work shall:
1. Participate in any decision relating to this Agreement which affects his or her personal
interest or the interest of any corporation, partnership, or association in which he has,
directly or indirectly, any interest; or
2. Have any interest, direct or indirect, in this Agreement or the proceeds thereof during
his or her tenure or for one year thereafter.
B. Covenant of No Interest
Grantee hereby covenants that it has, at the time of the execution of this Agreement, no interest,
and that it shall not knowingly acquire any interest in the future, direct or indirect, which would
conflict in any manner or degree with the performance of services required to be performed
pursuant to this Agreement. Grantee further covenants that in the performance of this work, no
person having any such interest shall be employed.
XVI. Contingences
Grantee warrants, by execution of this Agreement, that no person or selling agency has been
employed or retained to solicit or secure this Agreement upon an agreement or understanding for
a commission, percentage, brokerage, or contingency fee, excepting bona fide employees or
bona fide established commercial or selling agencies maintained by Consultant for the purpose
of securing business. For breach or violation of this warranty, SJCOG has the right to terminate
this Agreement without liability allowing payment only for the value of the work actually
performed, or to deduct from the Agreement price, or otherwise recover, the full amount of such
commission, percentage, brokerage, or contingency fee.
XVII. Documentation
The Grantee shall document the results of all work to the satisfaction of SJCOG. This may
include, but not be limited to, preparation of progress and final reports, calculations, plans,
specifications, estimates, evaluations, and other records.
M.
XVIII. Ownership of Documents
Aerial photos, topographic mapping, tracings, plans, specifications, as -built plans, electronic
files, technical data, evaluations, and all other documents prepared, assembled, or obtained by
the Grantee under this Agreement shall be delivered to and become properties of SJCOG upon
completion of the work pursuant to this Agreement. The basic survey notes and sketches, aerial
photos, topographic maps, charts, computations and other data assembled and prepared under
this Agreement shall be made available, at any time, upon request to SJCOG without restriction
or limitation on their use.
XIX. Copyrights
The Grantee shall not have copyrights of reports or products of this Agreement.
XX. Publication
A. Written Approval of SJCOG
No report, information, or other data given to or prepared or assembled by Grantee pursuant to
this Agreement, shall be made available to any individual or organization by Grantee without the
prior written approval of SJCOG.
B. Acknowledge SJCOG
Any and all reports published by Grantee shall acknowledge that it was prepared in cooperation
with SJCOG. Articles, reports, or works reporting on the work provided for herein or on
portions thereof which are published by Grantee shall contain in the forward, preface, or footnote
the following statement:
"The contents of this report reflect the views of the author who is responsible for
the facts and the accuracy of the data presented herein. The contents do not
necessarily reflect the official views or policies of the San Joaquin Council of
Governments. This report does not constitute a standard, specification, or
regulation."
XXI. Disputes
Except as otherwise provided in this Agreement, any dispute concerning a question of fact which
is not disposed of by mutual agreement shall be decided by a court of competent jurisdiction in
California.
X
XXII. Hold Harmless
Grantee agrees to indemnify, defend (upon request of SJCOG) and hold harmless SJCOG, its
officers, agents and employees from any and all actions, causes of action, claims, demands,
costs, liabilities, judgments, penalties, losses, damages and expenses of whatsoever kind and
nature (including attorney's fees) for injuries to or death of any person or persons, or damage to
property of third persons to the extent caused by the negligent acts, errors or omissions,
recklessness, or willful misconduct of the Grantee, its subcontractors, subconsultants or agents,
and their respective employees in the performance of the work to be provided pursuant to this
Agreement. Notwithstanding the foregoing, Grantee has no obligation to defend or pay SJCOG's
defense costs incurred prior to a final determination of liability as determined by a court of
competent jurisdiction.
XXIII. Insurance
On or before beginning any of the services or work called for by any term of this Agreement,
Grantee, at its own cost and expense, shall procure, carry, maintain for the duration of the
Agreement, and provide proof thereof that is acceptable to SJCOG the insurance specified in
subsections A through C below with insurers and under forms of insurance satisfactory in all
respects to the SJCOG. Grantee shall not allow any subcontractor to commence work on any
subcontract until all insurance required of the Grantee has also been obtained for the
subcontractor. Verification of this insurance shall be submitted and made part of this Agreement
prior to execution.
A. Workers' Compensation
Grantee shall, at Grantee's sole cost and expense, procure and maintain Statutory Workers'
Compensation Insurance and Employer's Liability Insurance for any and all persons employed
directly or indirectly by Grantee. Said Statutory Workers' Compensation Insurance and
Employer's Liability Insurance shall be provided with limits of not less than the amount required
by law. In the alternative, Grantee may rely on a self-insurance program to meet these
requirements provided that the program of self-insurance complies fully with the provisions of
the California Labor Code. The insurer, if insurance is provided, or the Grantee, if a program of
self-insurance is provided, shall waive all rights of subrogation against SJCOG for loss arising
from work performed under this Agreement. In signing this CONTRACT, the Grantee certifies
under section 1861 of the California Labor Code that Consultant is aware of the Workers
Compensation provisions contained in section 3700 et seq. of the Labor Code.
B. Commercial General and Automobile Liability Insurance
Grantee, at Grantee's own cost and expense, shall procure and maintain commercial general and
automobile liability insurance for the period covered by this Agreement in an amount not less
than One Million Dollars ($1,000,000) per occurrence, combined single limit coverage for risks
associated with the work contemplated by this Agreement. If a Commercial General Liability
Insurance or an Automobile Liability form or other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to the work to be performed under this
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Agreement or the general aggregate limit shall be at least twice the required occurrence limit.
Such coverage shall include but shall not be limited to, protection against claims arising from
bodily and personal injury, including death resulting therefrom, and damage to property resulting
from activities contemplated under this Agreement, including the use of owned and non -owned
automobiles.
Coverage shall be at least as broad as Insurance Services Office Commercial General Liability
occurrence form CG 0001 (ed. 11/88) and Insurance Services Office Automobile Liability form
CA 0001 (ed. 12/90) Code 1 (any auto). Each of the following shall be included in the insurance
coverage or added as an endorsement to the policy:
1. SJCOG, its officers, employees, agents, and volunteers are to be covered as an
additional insured with respect to each of the following: liability arising out of activities
performed by or on behalf of Grantee, including the insider's general supervision of
Grantee; products and completed operations of Grantee; premises owned, occupied or
used by Grantee. The coverage shall contain no special limitations on the scope of
protection afforded to SJCOG, its officers, employees, agents, or volunteers.
2. The insurance shall cover on an occurrence or an accident basis, and not on a claim
made basis.
3. An endorsement must state that coverage is primary insurance and that no other
insurance affected by SJCOG shall be called upon to contribute to a loss under the
coverage.
4. Any failure of Grantee to comply with reporting provisions of the policy shall not
affect coverage provided to SJCOG and its officers, employees, agents, and volunteers.
5. Insurance is to be placed with California -admitted insurers with a Best's rating of no
less than A: VII.
6. Notice of cancellation or non -renewal must be received by SJCOG at least thirty days
prior to such change.
C. Professional Liability Insurance
Grantee, at Grantee's own cost and expense, shall procure and maintain for the period covered
by this Agreement professional liability insurance for licensed professionals performing work
pursuant to this Agreement in an amount not less than One Million Dollars ($1,000,000) per
claim made and per policy aggregate covering the licensed professionals' errors and omissions,
as follows:
1. Any deductible or self-insured retention shall not exceed $150,000 per claim.
2. Notice of cancellation, material change, or non -renewal must be received by SJCOG
at least thirty days prior to such change and shall be included in the coverage or added as
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an endorsement to the policy.
3. The policy must contain a cross liability or severability of interest clause.
4. The following provisions shall apply if the professional liability coverage's are
written on a claims made form:
a) The retroactive date of the policy must be shown and must be before the date
of the Agreement.
b) Insurance must be maintained and evidence of insurance must be provided for
at least five years after completion of the Agreement or the work, so long as
commercially available at reasonable rates.
c) If coverage is canceled or not renewed and it is not replaced with other claims
made policy form with a retroactive date that precedes the date of this
Agreement, Grantee must provide extended reporting coverage for a minimum of
five years after completion of the Agreement or the work. SJCOG shall have the
right to exercise at the Grantee's cost, any extended reporting provisions of the
policy should the Grantee cancel or not renew the coverage.
d) A copy of the claim reporting requirements must be submitted to SJCOG
prior to the commencement of any work under this Agreement.
D. Deductibles and Self -Insured Retentions
Grantee shall disclose the self-insured retentions and deductibles before beginning any of the
services or work called for by any term of this Agreement. During the period covered by this
Agreement, upon express written authorization of SJCOG's Project Manager, Grantee may
increase such deductibles or self-insured retentions with respect to SJCOG, its officers,
employees, agents, and volunteers.
E. Notice of Reduction in Coverage
In the event that any coverage required under subsections A, B, or C of this section of the
Agreement is reduced, limited, or materially affected in any other manner, Grantee shall provide
written notice to SJCOG at Grantee's earliest possible opportunity and in no case later than five
days after Grantee is notified of the change in coverage.
F. Additional and Alternative Remedies
In addition to any other remedies SJCOG may have if Grantee fails to provide or maintain any
insurance policies or policy endorsements to the extent and within the time herein required,
SJCOG may, at its sole option:
1. Obtain such insurance and deduct and retain the amount of the premiums for such
12
insurance from any sums due under the Agreement;
2. Order Grantee to stop work under this Agreement or withhold any payment which
becomes due to Grantee hereunder, or both stop work and withhold any payment, until
Grantee demonstrates compliance with the requirements hereof;
3. Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to other remedies SJCOG may
have and is not the exclusive remedy for Grantee's breach.
XXIV. Equal Employment Opportunity/Nondiscrimination
Grantee shall comply with Title VI of the Civil Rights Act of 1964, as amended, and with the
provisions contained in Title 49, Code of Federal Regulations (CFR), Part 21 through Appendix
C and 23 CFR 170.405(b). During the performance of this Agreement, Grantee, for itself, its
assignees and successors in interest, agrees as follows:
A. Compliance with Regulations
Grantee shall comply with the regulations relative to nondiscrimination in federally -assisted
programs of the United States Department of Transportation (hereinafter "DOT") 49 CFR 21, as
they may be amended from time to time (hereinafter referred to as the "Regulations"), which are
herein incorporated by reference and made a part of this Agreement.
B. Nondiscrimination
Grantee, with regard to the work performed by it during the Agreement, shall not discriminate on
the grounds of race, religion, color, disability, sex, age or national origin in the selection or
retention of subcontractors, including procurements of materials and leases of equipment.
Grantee shall not participate either directly or indirectly in the discrimination prohibited by
Section 21.5 of the Regulations, including employment practices when the Agreement covers a
program set forth in Appendix B of the Regulations.
C. Solicitations for Subcontractors, including Procurements of Materials and Equipment
On all solicitations, either by competitive bidding or negotiations made by Grantee for work to
be performed under a subcontract, including procurements of materials or leases of equipment,
each potential subcontractor or supplier shall be notified by Consultant of Grantee's obligations
under this Agreement, and the Regulations relative to nondiscrimination on the grounds of race,
religion, color, disability, sex, age or national origin.
D. Information and Reports
Grantee shall provide all information and reports required by the Regulations or directives issued
pursuant thereto, and shall permit access to its books, records, accounts, other sources of
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information and its facilities as may be determined by SJCOG to be pertinent to ascertain
compliance with such Regulations, orders and instructions. Where any information required of
Grantee is in the exclusive possession of another who fails or refuses to furnish this information,
Grantee shall so certify to SJCOG, as appropriate, and shall set forth what efforts it has made to
obtain the information.
E. Sanctions for Noncompliance
In the event of Grantee's noncompliance with the nondiscrimination provisions of this
Agreement, SJCOG shall impose such sanctions as it may determine to be appropriate,
including, but not limited to:
1. Withholding of payments to Grantee under this Agreement until Grantee complies;
and/or
2. Cancellation, termination or suspension of the Agreement, in whole or in part.
F. Incorporation of Provisions
Grantee shall include the provisions of subsections A through F of this section in every
subcontract, including procurements of materials and leases of equipment, unless exempt from
the regulations, or directives issued pursuant thereto. Grantee shall take such action with respect
to any subcontract or procurement as SJCOG may direct as a means of enforcing such provisions
including sanctions for noncompliance. However, in the event Grantee becomes involved in, or
is threatened with, litigation with a subcontractor or supplier as a result of such direction,
Grantee may request SJCOG to enter into such litigation to protect the interests of SJCOG.
XXV. Disadvantaged Business Enterprise (DBE)
The recipient shall not discriminate on the basis of race, color, national origin, or sex in the
award and performance of any DOT -assisted contract, or in the administration of its DBE
Program, or the requirements of 49 CFR, Part 26 to ensure nondiscrimination in the award
and administration of DOT -assisted contracts. The recipient's DBE Program, as required by
49 CFR, Part 26 as approved by DOT, is incorporated by reference in this agreement.
Implementation of this program is a legal obligation and failure to carry out its terms shall be
treated as a violation of this agreement. Upon notification to the recipient of its failure to carry
out its approved program, the Department may impose sanctions as provided for under Part
26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001
and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.)
Directory
This project is subject to a combination race-neutral/race conscious requirements. Please
refer to the following website for assistance. http://www.dot.ca.gov/obeo/index.html
Contract Goal
14
By race -neutral means (a term that includes gender neutrality for purposes of this rule), DOT
means outreach, technical assistance, procurement process modification, etc. -measures that
can be used to increase opportunities for all small businesses, not just DBEs, and do not
involve setting specific goals for the use of DBEs on individual contracts.
By race -conscious means a goal is set if SJCOG is unable to meet the DBE participation level
under race neutral means.
Good Faith Efforts
The DBE policy requires contractors to follow Good Faith Effort Guidelines; however, they
are limited to UDBEs. UDBEs are limited to these certified DBEs that are owned and
controlled by African Americans, Native Americans, Women, and Asian -Pacific Americans.
Contract Assurance
The contractor or subcontractor shall not discriminate on the basis of race, color, national
origin, or sex in the performance of this contract. The contractor shall carry out applicable
requirements of 49 CFR, Part 26 in the award and administration of DOT -assisted
procurement and contracts of products and services contracts. Failure by the contractor to
carry out these requirements is a material breach of this contract, which may result in the
termination of this contract, or such other remedy, as recipient deems appropriate, which may
include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying the contractor from future bidding as non -responsible.
Prompt Payment
Prompt Progress Payment to Subcontractors
SJCOG requires contractors and subcontractors to be timely paid as set forth in Section
7108.5 of the California Business and Professions Code concerning prompt payment to
subcontractors. The 10 -days is applicable unless a longer period is agreed to in writing. Any
delay or postponement of payment over 30 days may take place only for good cause and with
the agency's prior written approval. Any violation of Section 7108.5 shall subject the
violating contractor or subcontractor to the penalties, sanctions, and other remedies of that
Section. This requirement shall not be construed to limit or impair any contractual,
administrative, or judicial remedies, otherwise available to the contractor or subcontractor in
the event of a dispute involving late payment or nonpayment by the contractor, deficient
subcontractor performance, and/or noncompliance by a subcontractor. This clause applies to
both DBE and non -DBE subcontractors.
15
Prompt Payment of Withheld Funds to Subcontractors
SJCOG requires prompt and full payment of retainage from the prime contractor to the
subcontractor within thirty (30) days after the subcontractor's work is satisfactorily
completed and accepted. This shall be accompanied with the following provisions:
The agency shall hold retainage from the prime contractor and shall make prompt and regular
incremental acceptances of portions, as determined by the agency of the contract work and
pay retainage to the prime contractor based on these acceptances. The prime contractor or
subcontractor shall return all monies withheld in retention from all subcontractors within 30
days after receiving payment for work satisfactorily completed and accepted including
incremental acceptances of portions of the contract work by the agency. Any delay or
postponement of payment may take place only for good cause and with the agency's prior
written approval. Any violation of these provisions shall subject the violating prime
contractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the
California Business and Professions Code. This requirement shall not be construed to limit or
impair any contractual, administrative, or judicial remedies, otherwise available to the
Grantee or Subcontractor in the event of a dispute involving late payment or nonpayment by
the Grantee, deficient subcontractor performance, and/or noncompliance by a Subcontractor.
This clause applies to both DBE and non -DBE Subcontractors.
XXVI. Audits
At any time during normal business hours, and as often as SJCOG may deem necessary, Grantee
shall make available for examination all of its records with respect to all matters covered by this
Agreement for purposes of audit, examination, or to make copies or transcripts of such records,
including, but not limited to, contracts, invoices, material, payrolls, personnel records, conditions
of employment and other data relating to all matters covered by this Agreement. Such records
shall be retained and access to the facilities and premises of Grantee shall be made available
during the period of performance of this Agreement, and for three years after SJCOG makes
final payment under this Agreement.
XXVII. Clean Air Act/Clean Water Act Requirements
Grantee, in carrying out the requirements of this Agreement, shall comply with all applicable
standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 USC
1857[h]), Section 508 of the Clean Water Act (33 USC 1368), Presidential Executive Order
11738, and those Environmental Protection Agency regulations contained in 40 CFR Part 15.
lr
XXVIII. Agreement Completion Retainer
Ten percent (10%) shall be retained from all Agreement billings. Grantee may invoice SJCOG
for one hundred percent (100%) of the retention upon submittal of the DELIVERABLES,
DEFINED IN THE EXHIBIT A — WORK PLAN. In addition to any other remedy under this
Agreement, in the event Grantee breaches this Agreement, SJCOG shall be entitled to keep all
amounts retained including any interest accrued on those amounts.
XXIX. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion—Primary Covered Transactions
This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor
is required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995,
or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR
29.940 and 29.945.
The contractor is required to comply with 49 CFR 29, Subpart C and must include the
requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it
enters into.
By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:
The certification in this clause is a material representation of fact relied upon by SJCOG. If
it is later determined that the bidder or proposer knowingly rendered an erroneous
certification, in addition to remedies available to SJCOG, the Federal Government may
pursue available remedies, including but not limited to suspension and/or debarment. The
bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while
this offer is valid and throughout the period of any contract that may arise from this offer.
The bidder or proposer further agrees to include a provision requiring such compliance in its
lower tier covered transactions.
XXX. CLEAN WATER
The Grantee agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et M.
The Grantee agrees to report each violation to the Purchaser and understands and agrees
that the Purchaser will, in turn, report each violation as required to assure notification to
FTA and the appropriate EPA Regional Office.
XXXI. CLEAN AIR
The Grantee agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq . The Grantee agrees to
report each violation to the Purchaser and understands and agrees that the Purchaser will, in
turn, report each violation as required to assure notification to FTA and the appropriate EPA
Regional Office.
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XXXII. Attorney's Fees
In the event of a dispute arising under this Agreement, the prevailing party shall be entitled to an
award against the other party of reasonable attorney's fees and costs incurred in connection with
the dispute. The venue for any litigation shall be San Joaquin County, California.
XXXIII. Notice
Any notice or notices required or permitted to be given pursuant to this Agreement may be
personally served on the other party by the party giving such notice, or may be served by
certified mail, return receipt requested, to the following address:
For SJCOG:
Ms. Diane Nguyen, AICP
Executive Director
San Joaquin Council of Governments
555 East Weber Avenue
Stockton, CA 95202
For Grantee:
[Name], Project Manager
[Address]
XXXIV. Captions and Pronouns
The captions appearing at the commencement of the sections hereof, and in any paragraph
thereof, are descriptive only and for convenience in reference to this Agreement. Should there
be any conflict between such heading, and the section or paragraph thereof at the head of which
it appears, the section or paragraph thereof, as the case may be, and not such heading, shall
control and govern in the construction of this Agreement. Masculine or feminine pronouns shall
be substituted for the neuter form and vice versa, and the plural shall be substituted for the
singular form and vice versa, in any place or places herein in which the context requires such
substitution(s).
XXXV. Cumulative Remedies
Each right, power and remedy provided for herein or now or hereafter existing at law, in equity,
by statute, or otherwise shall be cumulative and shall be in addition to every other right, power,
or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or
otherwise. The exercise, the commencement of the exercise, or the forbearance of the exercise
by any party of any one or more of such rights, powers or remedies shall not preclude the
simultaneous or later exercise by such party of any of all of such other rights, powers or
remedies.
W.
XXXVI. Enforceability
If any term or provision of this Agreement or the application thereof to any person or
circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall
be amended to, and solely to, the extent necessary to cure such invalidity or unenforceability,
and in its amended form shall be enforceable. In such event, the remainder of this Agreement, or
the application of such term or provision to persons or circumstances other than those as to
which it is held invalid or unenforceable, shall not be affected thereby, and each term and
provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.
XXXVIL Governing Law
This Agreement shall be governed and construed in accordance with the laws of the State of
California.
IN WITNESS WHEREOF, the SJCOG and GRANTEE have executed this Agreement as of the
day and year first above written.
Diane Nguyen, Executive Director
San Joaquin Council of Governments
Approved:
Steve Dial, Deputy Executive Director/CFO
San Joaquin Council of Governments
[Name], Project Manager
[Local Jurisdiction]
1t
RESOLUTION NO. 2021-158
A RESOLUTION OF THE LODI CITY COUNCIL APPROVING THE
PARTICIPATION AND ALLOCATION OF FUNDING FOR THE REGIONAL
EARLY ACTION PLANNING (REAP) GRANT FUNDS AWARDED TO
SAN JOAQUIN COUNCIL OF GOVERNMENTS (SJCOG) ON BEHALF OF THE
SAN JOAQUIN VALLEY REGIONAL EARLY ACTION PLANNING COMMITTEE
MEMBER AGENCIES; AND AUTHORIZING ECONOMIC DEVELOPMENT AND
COMMUNITY DEVELOPMENT TO SUBMIT A CONCEPT PROPOSAL TO
REQUEST REAP GRANT FUNDS AS STIPULATED IN TABLE 1 OF THE
SJCOG REAP GRANT TO SUPPORT THE PRODUCTION OF AFFORDABLE
HOUSING AND INCREASE OPPORTUNITIES FOR LOW TO MODERATE
INCOME HOUSEHOLDS TO ACCESS QUALITY AFFORDABLE HOUSING,
INCLUDING HOMEOWNERSHIP
WHEREAS, the Housing and Community Department (HCD) have provided funds for
Regional Early Action Planning (REAP); and
WHEREAS, the provided funds by HCD have been made available through the
San Joaquin Valley REAP Committee on behalf of Fresno Council of Governments, Kern Council
of Governments, Kings County Association of Governments, Madera County Transportation
Commission, Merced County Association of Governments, Stanislaus Council of Governments,
Tulare County Association of Governments, and San Joaquin Council of Governments (SJCOG);
and
WHEREAS, the San Joaquin Valley REAP Committee signed a Memorandum of
Understanding (MOU) to facilitate the regional sub -allocations of grant funds; and
WHEREAS, SJCOG has been delegated the responsibility for the administration of the
grant allocation and establishing necessary procedures; and
WHEREAS, HCD awarded the allocation to SJCOG on behalf of San Joaquin County
Member Agencies (City of Escalon, City of Lathrop, City of Lodi, City of Manteca, City of Ripon,
City of Stockton, City of Tracy, and County of San Joaquin); and
WHEREAS, SJCOG and participating member agencies will conduct planning activities
that will accelerate housing production and housing -relative initiatives; and
WHEREAS, the technical assistance provided by the participating San Joaquin Valley
Metropolitan Planning Organizations (MPOs) represents staffing for the program that is
reimbursable by the grant; and
WHEREAS, the SJCOG Board and staff developed program guidelines and eligible
activities to plan and accelerate affordable housing production in San Joaquin County, and has
allocated $44,144 to the City of Lodi in initial program funding with a maximum funding opportunity
of $132,470, pending final allocation approval from HCD as stipulated in Table 1 of the SJCOG
REAP Grant guidelines; and
WHEREAS, income and the housing affordability index data reflected in Lodi's
Development Prospectus indicates that while residents of the Opportunity Zone in Lodi are able
to afford a home of a median average sales price within the zone, the supply of quality affordable
homeownership opportunities is insufficient; and
WHEREAS, the initial sub -allocation of $44,144 will fund a feasibility study to identify an
achievable approach to the provision of affordable housing including homeownership, sustaining
affordability, identifying the most efficient locations, and identifying local planning and land use
processes necessary to support new housing; and
WHEREAS, any secondary allocation as stipulated in Table 1 of the SJCOG REAP
guidelines will fund a study to identify development opportunities to increase affordable housing
stock, such as development agreements, best practices in permitting and land use, inclusionary
housing, and in -lieu of fees; and
WHEREAS, these processes are eligible housing activities for REAP funding.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve
the following actions:
1. Staff to conduct activities consistent with REAP grant requirements; and
2. Commits to providing documentation of work completed and other deliverables
consistent with REAP grant requirements; and
3. Total invoicing shall not exceed the allotted share as stipulated in Table 1 of SJCOG
REAP Grant Guidelines.
BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize Economic
Development and Community Development staff to submit a concept paper to request REAP
Grant funds as stipulated in Table 1 of the SJCOG REAP Grant guidelines to support the
production of affordable housing and increase opportunities for families and individuals to access
quality affordable housing, including homeownership, in the City of Lodi, as well as in the
Opportunity Zone
Dated: June 2, 2021
I hereby certify that Resolution No. 2021-158 was passed and adopted by the City Council
of the City of Lodi in a regular meeting held June 2, 2021 by the following votes:
AYES: COUNCIL MEMBERS — Chandler, Hothi, Khan, Kuehne, and
Mayor Nakanishi
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
JENNIFER USMIR
City Clerk
2021-158