HomeMy WebLinkAboutAgenda Report - November 17, 2021 C-15AGENDA ITEM CIO015
CITY OF LODI
COUNCIL COMMUNICATION
TM
AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Regional Early Action
Planning (REAP) Cooperative Agreement with San Joaquin Council of
Governments, Accept Grant Funding in the Amount of $132,470 and Authorize
Necessary Revenue and Expenditure Appropriations
MEETING DATE: November 17, 2021
PREPARED BY: Business Development Manager
RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute Regional
Early Action Planning (REAP) Cooperative Agreement with San
Joaquin Council of Governments, accept grant funding in the
amount of $132,470, and authorize revenue and expenditure
appropriations
BACKGROUND INFORMATION: On June 2, 2021, City Council adopted Resolution No. 2021-158
approving the participation and allocation of funding for the Regional
Early Action Planning (REAP) grant funds award to San Joaquin
Council of Governments (SJCOG) on behalf of member agencies, including the City of Lodi. This
Resolution also authorized the City of Lodi Community Development Department and the Economic
Development Davison to submit a concept proposal for REAP grant funds to support the production of
affordable housing and increase opportunities for low to moderate income households to access quality
affordable housing, including homeownership.
The requested resolution follows Resolution 2021-158 and is necessary to execute the REAP
cooperative agreement and its administration, accept grant funds, and authorizes revenue and
expenditure appropriations.
FISCAL IMPACT: This grant fully funds the planning activities. No local match is required.
FUNDING AVAILABLE: Revenue appropriation account code is 35500000.56007 and expenditure
appropriation is account code 35587000.72450.
Andrew Keys
Andrew Keys
Deputy City Manager/Internal Services Director
BA Trupovnieks
Astrida Trupovnieks
Business Development Manager
APPROVED: Steve Schwabauer
Stephen Schwabauer, City Manager
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City of Lodi
REAP Funds
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REGIONAL EARLY ACTION PLANNING ("REAP") FUNDS COOPERATIVE
AGREEMENT (C-22-004) FOR THE CITY OF LODI
This COOPERATIVE AGREEMENT (hereinafter "Agreement"), effective as of AUGUST 13,
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, CITY OF LODI, a municipal corporation
(hereinafter "Sponsor");
RECITALS
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, 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 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 the region and 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.
NOW, THEREFORE, in consideration of the mutual promises and undertakings herein made and
the mutual benefits to be derived therefrom, the parties hereto agree as follows:
This Agreement is fully comprised of these terms and the attached exhibits which are incorporated
by herein by reference. The exhibits attached to this Agreement are:
Exhibit A- Scope of Work
Exhibit B- Signed Resolution
Exhibit C- Final REAP Guidelines
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City of Lodi
REAP Funds
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AGREEMENT
1.1 Project Description. The project description, scope of work, delivery schedule, and the
anticipated timing for release of REAP funds are specified in Exhibit "A" and incorporated herein
by this reference.
1.2 Change In Project Scope. A change in the project scope as described by Exhibit "A" may not
be implemented until it has been approved by SJCOG.
1.3 Eligible Reimbursement Costs. Eligible reimbursement costs shall be those costs as defined by
the statutes, rules and regulations of the State of California Housing and Community Development
Department.
1.4. Use of Funds. Sponsor shall use REAP funds consistent with the Project Scope of Work, as
described in Exhibit "A" or approved by SJCOG pursuant to Section 1.2.
1.5 Timely Use of Funds.. REAP funds are one-time housing planning funds with an expenditure
deadline of December 31, 2023. SJCOG staff will monitor expenditures on an annual basis to
minimize the risk of losing funds that are intended to benefit the region. If expenditures are behind
schedule, SJCOG staff may reach out to Sponsor to determine a schedule to expend funds or
whether it may be appropriate to reprogram funds. To meet the state expenditure deadline and
submit required reporting and invoicing, all REAP funds shall be expended by August 31, 2023.
1.6 Completion of Project. Sponsor shall be responsible for the timely completion of the Project
and to provide management of consultant and contractor activities, including responsibility for
schedule, budget and oversight of the services, consistent with the scope of work. The
Cooperative Agreement end date is December 31, 2023.
1.7 invoices and Progress Reports. Sponsor shall submit an invoice and progress report on a
quarterly basis for eligible expenses incurred for activities conducted over the Cooperative
Agreement period.
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City of Lodi
REAP Funds
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IN WITNESS WHEREOF, the undersigned parties have executed this Agreement on the day and
year first written above.
CITY OF LODI
SAN JOAQUIN COUNCIL OF
GOVERNMENTS
BY: BY:
NAME: Stephen Schwabauer, City Manager NAME: Diane Nguyen,
DATE:
ATTEST
BY:
NAME: Jennifer Cusmir, City Clerk
DATE:
APPR VED AS TO FORM
anice D. Magdich, City Attorney
DATE: 10(rk---oa4
Executive Director
DATE:
ATTEST
BY:
NAME: Steve Dial,
Deputy Executive
Director/CFO
DATE:
EXHIBITS A -C
Please see attachment.
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City of Lodi
REAP Funds
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EXHIBIT A: SCOPE OF WORK
CITY COUNCIL
ALAN NAKANISHI, Mayor
MARK CHANDLER,
Mayor Pro Tempore
MIKEY HOTHI
SHAK KHAN
DOUG KUEHNE
June 24, 2021
CITY OF LODI
2015 "Wine Region of the Year"
Community Development Department
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
(209) 333-6714 — Building
(209) 333-6711 — Planning & Neighborhood
Services
FAX (209) 333-6842
www.lodi gov
To: San Joaquin Council of Governments
555 East Weber Avenue
Stockton, CA 95202
From: City of Lodi, Community Development Department
John R. Della Monica Jr., Community Development Director
221 W. Pine Street
Lodi, CA 95240
RE: CONCEPT LETTER INTENDING TO FULFILL REAP REQUIREMENTS
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STEPHEN SCHWABAUER
City Manager
JENNIFER CUSMIR
City Clerk
JANICE D. MAGDICH
City Attorney
The City of Lodi respectfully submits its REAP program allocation concept letter and resolution approved
by the City Council on June 2, 2021.
The implementation of this concept represents in many ways a new order of business in helping meet the
housing needs of a sizeable portion of Lodi residents. Recent data shows that over 36 percent of Lodi
residents spend greater than 30 percent of income on housing.
With these and other measures of housing need in mind, we are enthusiastic to begin our quality
affordable housing initiative to accelerate affordable housing production. This funding opportunity will
help in blending the new with the existing housing stock to achieve cohesive neighborhoods and
Interaction among residents and neighborhood oriented services, including recreation, transportation
access, walkability, and shopping.
We look forward to hearing from you following your review of our submission below.
Section 1: Description and outline of tasks
This concept letter is intended to fulfill the Regional Early Action Planning (REAP) requirement though
identifying feasible approaches to increase the housing supply and accelerate the production of quality
affordable housing in Lodi. This includes homeownership in the Opportunity Zone through shared equity
approaches and the development of affordability ordinances to meet local housing objectives. Should only
the initial allocation be awarded, shared equity homeownership feasibility study will be the first priority
for completion under the REAP grant resource and the affordable housing ordinance and planning
feasibility study will be secondary. .
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Description: Priority 1- Shared Equity Homeownership Feasibility Study
Shared equity homeownership offers an alternative option to renting and traditional homeownership.
The term can refer to an array of homeownership typologies that create long-term, affordable
homeownership opportunities by imposing restrictions on the resale of housing units. Typically, a
nonprofit provides a subsidy to lower the purchase price of a home making it affordable to a lower-income
buyer. In return for the subsidy, the buyer agrees to share any home price appreciation at the time of
resale with the entity providing the subsidy, which helps preserve affordability for subsequent
homebuyer.
According to Rick Jacobus, Cornerstone Partnership Initiative and NCB Capital Impact, and Jeffrey Lubell,
Center for Housing Policy, there are two basic approaches; shared appreciation loans and subsidy
retention program. Programs under these approaches include second mortgages by a public or nonprofit
that buyers repay in full at the time of resale along with a percentage of home value appreciation,
community land trusts, deed -restricted housing and limited equity housing cooperatives.
A third approach to shared equity homeownership is beginning to capture attention although it has been
less tested. This approach is a new method of land assemblage and land ownership known as land
readjustment implemented in other parts of the world. While implementation has variations, broadly
defined, property owners generally transfer ownership rights to an entity for redevelopment, the entity
rezones, and upgrades and repurposes the land according to a masterplan approved by the original
property owners and importantly, clears the mortgages. A land trust or land cooperative is formed, and
the property owner's ownership share depends upon the equity built up in that owner's individual
property.
Outline of Tasks: Priority 1- Shared Equity Homeownership Feasibility Study
In this study, preconditions for shared equity homeownership within the City of Lodi's Opportunity Zone
will be examined. A preliminary market study of valuation and an analvsis of the investment opportunity
for all parties will be previewed. A consultant with demonstrated experience in public and private real
estate development sectors, subsidized affordable housing, and redevelopment of residential and
business districts will be selected to bring approaches to shared equity homeownership that balances
economic, policy and community perspectives specific to Lodi and its opportunity zone.
The study will detail the manner by which current property values, and individual home equity positions
may yield a continued return and greater property values, and while sustaining affordability and creating
wealth for individual owners and their heirs. The study will describe best practices for community
engagement, which have facilitated the shared equity approach.
Finally, the study will identify geographic areas within the opportunity zone that maximizes the
development opportunity in terms of housing delivery, and blends building massing with appropriate scale
and proportion to neighboring homes and businesses. This will be displayed of imagery of a future
development. Mixed-use retail opportunities which support residential will be a part of the shared equity
land assemblage analysis.
Description: Priority 2 - Affordable Housing Ordinance and Planning Feasibility Study
The City of Lodi currently has no 'affordability' ordinances in place, requiring participation in the
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development of affordable housing stock, meeting the current legislation. We are now preparing to take
the steps necessary towards the establishment of ordinances dedicated to meeting housing goals found
in our Annual Action Plan. These goals focus on a fair share of affordable housing, to a wider cross-section
of our community's population, as directed by the Department of Housing and Community Development
(HCD).
The City of Lodi is looking at a blended approach to meet our local housing objectives. Due to the unique
range of residential, commercial and industrial developments within the City, determining the best
application to fit project specifics will be the focus of the feasibility study. Established approaches
designed to meet the Federal and State mandates are varied and are briefly outlined as follows:
Development Agreements:
As established through an annexation process, a Planned Unit Development (PD) platform allows by
design, the ability to negotiate on land use designations, zoning overlay and development standards,
offering the City the greatest opportunity to achieve affordability -housing goals. Considerations of
affordable housing for rent and/or for sale can be realized much faster through this process but require
management to maintain the 'affordability' mandates tied to deed restricted development.
Inclusionary Housing:
An inclusionary housing program would develop local policies that tap the economic gains from rising real
estate values to create affordable housing for lower income families. An inclusionary housing program
generally requires developers to sell or rent 10 to 30 percent of new residential units to lower-income
residents. Many inclusionary housing programs partially offset the cost of providing affordable units by
offering developers one or more incentives such as tax abatements, parking reductions, or the right to
build at higher densities. Most programs recognize that it is not always feasible to include affordable on-
site units within market -rate projects. In some cases, developers can choose among alternatives, such as
payment of an in -lieu fee or provision of affordable off-site units in another project.
In -lieu of Fees:
In -lieu of fees are deposited in a local affordable -housing trust fund, which through accumulation
facilitates the construction of affordable housing stock within the community. The greatest impediment
to goal of achieving affordable housing numbers is the time needed to accumulate adequate funding that
support construction.
Outline of Tasks: Priority 2 - Affordable Housing Ordinance and Planning Feasibility Study
The affordable housing feasibility study would analyze the relationship, between new market rate rental
housing development and the need for additional affordable housing in the City of Lodi. This would be
done using the industry standard approach of estimating the new employment generated by the new
development due to new household spending, then by estimating the likely combined household incomes
associated with new worker households. The study would also evaluate:
The cost of providing new affordable housing units and translate those costs to represent the
maximum per square foot fee that would need to be assessed on new residential, commercial,
industrial, etc. development to adequately offset induced demand for affordable housing.
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2. Based on this nexus, the study would then evaluate the impact of these "maximum justifiable"
fees on the financial feasibility of new development.
3. The study would outline recommendation for:
a. Development of an inclusionary housing policy and fee schedule that are intended to
ensure that the ordinance is justifiable and legally defensible
b. that impact fees (also Known as in -lieu fees) are set at levels that adequately account for
the cost of providing affordable housing and encourage on-site production of affordable
housing units, while not creating undue constraints to the financial viability of new market
rate housing developments
Section 2: Priority tasks fall under
The tasks within this concept letter fall under the Planning and Coordination to Develop a Regional Project
Pipeline. The concept letter outlines 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 as needed.
These tasks all fall under the eligible activities as outlined below and in the Regional Early Action Planning
(REAP) Guidelines.
Regional Project Pipeline Eligible Activities
1. 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.
4. In consultation with local jurisdictions and/or HCD, develop and/or conduct a planning study
roluted to roninnul tho urrnlerntinn of kniiicina nrnrhirtinn
Section 3: How much funds will be used?
First Allocation: $44,144
W Priority 1: Shared Equity Homeownership Feasibility Study
Final Allocation (Pending): $88,326
e Priority 2: Affordable Housing Ordinance and Planning Feasibility Study
Section 4: Schedule of tasks
Expenditure deadline: December 31, 2023
December 1, 2021: Approximately 1/3 of allocated funds expended
o Projected Schedule:
„ September 1, 2021 — Contracts with consultants awarded and executed.
Anticipate full award amounts encumbered.
October -November 2021:
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■ Preconditions for shared equity homeownership within the City of Lodi's
Opportunity Zone will be examined.
December 1, 2021—
+ October 2021 and November 2021 Invoices received to demonstrate
1/3 d of allocated funds expended.
* December 1, 2022: Approximately 2/3 of allocated funds expended
o Projected Schedule:
December 1, 2021 to November 30, 2022:
• A preliminary market study of valuation and an analysis of the investment
opportunity for all parties will be previewed.
e Determine the cost of providing new affordable housing units and
translate those costs to represent the maximum per square foot fee that
would need to be assessed on new residential, commercial, industrial,
etc. development, to adequately offset induced demand for affordable
housing.
0 Evaluate the impact of identified "maximum justifiable" fees on the
financial feasibility of new development.
December 1, 2022 —
• December 2021 — November 2022 invoices received to demonstrate a
minimum of 2/3rds of allocated funds are expended.
June 1, 2023: Approximately 85% of allocated funds expended
o Projected Schedule
December 1, 2022 — May 31, 2023
Final draft of Shared Equity Housing Feasibility Study will describe best
practices for community engagement, which have facilitated the shared
equity approach and identify geographic areas within the opportunity
zone that maximizes the development opportunity in terms of housing
delivery, and blends building massing with appropriate scale and
proportion to neighboring homes and businesses.
• Final draft of Affordable Housing Ordinance and Planning Feasibility
Study demonstrating a recommendation for:
o Development of an inclusionary housing policy and fee schedule
that are intended to ensure that the ordinance is justifiable and
legally defensible and;
o In -lieu of fees are set at levels that adequately account for the
cost of providing affordable housing and encourage on-site
production of affordable housing units, while not creating undue
constraints to the financial viability of new market rate housing
developments.
• June 1, 2023 —
o December 2022 - May 2023 invoices received to demonstrate a
minimum of 85% of allocated funds are expended.
• December 31, 2023 all allocated funds expended
o Project would be scheduled for completion no later than September 1, 2023 to ensure
final Invoices received and processed no later than November 2023 to guarantee all
allocated funds are expended by expenditure deadline of December 31, 2023.
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Section 5: Contact Information
Project Manager: Astrida Trupovnieks, Economic Development Manager
Email: atrupooy_nieks@lodi,gov
Phone: 209-333-6874
Lead Staff: Jennifer Rhyne, Neighborhood Services Manager
Email: Lhyne@ladi,gov
Phone: 209-269-4519
Respectfully submitted,
V
JohnDella Monica Jr.
Community Development Director, City of Lodi
Email: idellamonica@lodi.gov
Phone: 209-269-4526
EXHIBIT B: SIGNED RESOLUTION
RESOLUTION NO, 2021-158
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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
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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
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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 35% 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
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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
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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
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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:
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Regional Housing Activities (Up to 35% of initial REAP allocation or
$300,000)
REAP Grant Administration
1. 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.
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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 650 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 eligible 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
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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 1 1 (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
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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
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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
• Eli ible Activities Best Practices
• Contact Information
o HCD: Marisa Prasse, Marisa.Prasse@hcd.ca.gov
o SJV REAP Committee: Robert Phipps, snoco .oj-
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
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Table 1: SJCOG REAP Allocation
SJCOG REGIONAL HOUSING ACTIVITIES
INITIAL
ALLOCATION
FINAL
ALLOCATION***
ESTIMATED
TOTAL
Funding
Amount
Estimate
Grant Administration
5%1
$ 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
Population Percentage
Jurisdiction Estimate* 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
Trac.
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.
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
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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.
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Section 6:
Please provide signature and date.
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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;
3. 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}
Clerk/Secretary for the Governing Board
Ayes: Nos: Absent:
signature)
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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 "I" 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.
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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:
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.
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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.
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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
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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.
f. 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.
j. 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.]
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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:
By:
Print
Kings County Association of
Governments
By:
Terri King, Director
Approved as to Legal Form.
By:
Print:
Kern Council of Governments
By
Ahron Hakimi, Director
Approved as to Legal Form:
By
Print:
Madera County Transportation
Commission
Patricia Taylor, Director
Approved as to Legal Form:
By:
Print:
Merced County Association of
Governments
Stacie Guzman, Director
Approved as to Legal Form:
Print:
Stanislaus Council of Governments
Rosa Park, Director
Approved as to Legal Form
By:
Print:
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San Joaquin Council of Governments
By:
Andrew Chesley, Director
Approved as to Legal Form:
By:
Print:
Tulare County Association of
Governments
By:
Ted Smalley, Director
Approved as to Legal Form
By: gr"
Print
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Exhibit A
Grant funding agreement number 19 -REAP -14029
STATE OF CALIFORNIA - DEPARTMENT OF GENERAL
SERVICES - -- -- --
STANDARD AGREEMENT AGREEMENT NUMBER
STD 213 (Rev. 0312019) 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
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_ - - Page 37 of 54
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: v
$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
Exhibit A Authority, Purpose and Scope of Work —
Exhibit B Budget Detail and Payment Provisions
Exhibit C" State of California General Terms and Conditions
Exhibit D REAP General Terms and Conditions
Exhibit E Special Conditions
TOTAL NUMBER OF PAGES ATTACHED —
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, parinership,etc.)
Fresno Council of Govemments
CONTRACTOR BUSINESS ADDRESS
2035 Tulare St., #201
PRINTED N F PERSQN SIGNING
�-
CONTRACTOR XORI SIGNATURE
CONTRACTING AGENCY NAME
Department of Housing and Community Development
CONTRACTING AGENCY ADDRESS
2020 W. EI Camino Ave., Suite 130
PRINTED NAME OF PERSON SIGNING
Shaun Singh
PAGES
3
3
GTC - 04/2017
9
0
15
CITY STATE ZIP
Fresno CA 93721
TITLES t
. - - - ---- - DATE SIGNED] .�pQ
_STATE OF CALIFORNIA—
CITY STATE ZIP
Sacramento CA 95833
TITLE
Contracts Manager,
Business & Contract Services Branch
CONTRACTING AGENCY AUTHORIZED SIGNATURE 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)
AUTHORITY PURPOSE AND SCOPE OF WORK
1. Authority
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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
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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.
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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. Qepartment 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
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BUDGET DETAIL AND PAYMENT PROVISIONS
1. 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
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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.
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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.
REAP TERMS AND CONDITIONS
Reporting
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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
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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.
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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- erformance
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.
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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
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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
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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
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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
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1) Work
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
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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.
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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
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ATTACHMENT 3: DRAFT REAP REPORTING FORM
REAP REPORTING FORM
Agency:
Name:
Title:
Date:
Quarterly Report: Q1 -Q4
-
Make sure the
following is
complete before
submittal:
^I Form Complete
u Backup Attached
Send attachments
electronically to
Hailey Lang at
lang[a sjcog.org.
Q 1: FUNDING $$
Q 2: FUNDING $$
Q 3: FUNDING $$
Q 4: FUNDING $$
Task List
Funding Used
Funding
Available
Notes
INSERT TASK
INSERT TASK
INSERT TASK
INSERT TASK
INSERT TASK
Please describe what funding was used for:
RESOLUTION NO. 2021-307
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE
CITY MANAGER TO EXECUTE REGIONAL EARLY ACTION PLANNING (REAP)
COOPERATIVE AGREEMENT WITH SAN JOAQUIN COUNCIL OF
GOVERNMENTS; ACCEPTING GRANT FUNDING; AND AUTHORIZING
REVENUE AND EXPENDITURE APPROPRIATIONS
WHEREAS, the Housing and Community Development Department (HCD) have
provided funds for Regional Early Action Planning (REAP); and
WHEREAS, San Joaquin Council of Governments on behalf of San Joaquin County
Member Agencies (City of Lodi, City of Escalon, City of Lathrop, City of Manteca, City of Ripon,
City of Stockton, City of Tracy, and County of San Joaquin), have been delegated the
responsibility for the administration of the grant allocation and establishing necessary
procedures; and
WHEREAS, the SJCOG has allocated $132,470 to the City of Lodi to accelerate quality
affordable housing stock, including affordable homeownership opportunities, in accordance with
State of California affordable housing legislation; and
WHEREAS, from the total allocation of $132,470, $44,144 will fund a Shared Equity
Homeownership Feasibility Study, and the remainder of the allocation ($88,326) will fund the
development of a local legislative and policy approach for City Council review to facilitate the
construction of quality affordable housing in Lodi.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve
the following actions:
1. Authorize the City Manager to sign the Regional Early Action Plan (REAP)
Cooperative Agreement; and
2. Accept grant funding from SJCOG in the amount of $132,470 to fund planning
efforts to accelerate affordable housing opportunities in the City of Lodi; and
3. Authorize revenue appropriation in account code 35500000.56007 and expenditure
appropriation in account code 35587000.72450.
Dated: November 17, 2021
I hereby certify that Resolution No. 2021-307 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held November 17, 2021 by the following votes:
AYES: COUNCIL MEMBERS — Chandler, Khan, Kuehne, and Mayor Nakanishi
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Hothi
ABSTAIN: COUNCIL MEMBERS — None
1.4�
JENNIFP' CU
City Clerk
2021-307