STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES SCO ID:
STANDARD AGREEMENT - AMENDMENT
STD 213A (Rev 04/2020) AGREEMENT NUMBER
a CHECK HERE IF ADDITIONAL PAGES ARE ATTACHED 7 PAGES 20-PLHA-15098 AMENDMENT NUMBER Purchasing Authority
, Number
1. This Agreement is entered into between the State Agency and the Contractor named below:
STATE AGENCY NAME
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
CONTRACTOR NAME
City of Fullerton
2. The term of this Agreement is
START DATE
01 /07/2021
THROUGH END DATE
06/30/2030
3. The maximum amount of this Agreement after this Amendment is:
$1 ,758,520.00
4. The parties rnutually agree to this amendment as follows. All actions noted below are by this reference made a part of the Agreement and incorporated herein:
This amendment is to add May 3, 2021 NOFA funds to contract Exhibit A, Authority, Purpose and Scope of Work, is hereby deleted in its entirety and replaced with new Exhibit A, Authority, Purpose and Scope of Work, Am. 1 (Rev. 10/2021) attached hereto and made a part hereof.
Exhibit E, Program-Specific Provisions and Special Conditions, is hereby deleted in its entirety and replaced with new Exhibit E, Program-Specific Provisions and Special Conditions, Am. 1 (Rev. 10/2021 ) attached hereto and made a part hereof.
All other terms and conditions shall remain the same.
IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO
CONTRACTOR
CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.) City of Fullerton
CONTRACTOR BUSINESS ADDRESS
303 W. Commonwealth Ave
CITY
Fullerton
STATE
CA
ZIP
92832
PRINTED NAME OF PERSON SIGNING
WAnt hi. CoLLt& "'"= /z;HAIG £zry mMGet
CONTRAC7} QRIZED SIGNATURE DATE SIGNED /
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STATE OF CALIFORNIA
CONTRACT/y6 AGENCY NAME
Department Kf Housing and Community Development
CONTRACTING AGENCY ADDRESS
2020 W. El Camino Ave., Suite 130
CITY
Sacramento
STATE ZIP
CA 95833
PRINTED NAME OF PERSON SIGNING
Shaun Singh Contracts Manager, Business & Contract Sorviws Branch TITLE
CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED
CALIFORNIA DEPARTMENT OF GENERAL SERVICE APPROVAL EXEMPTION (if Applicable) Exempt per; SCM Vol. 1 4.04.A.3 (DGS memo dated
06/12/1981)
City of Fullerton
20-PLHA-15098, Am. 1 (Rev. 11/2021)
EXHIBIT A
Permanent Local Housing Allocation (PLHA) Program – Grant NOFA Date: (RD 1) 02/26/2020, (RD 2) 05/03/2021
Approved Date: 10/05/2020
Prep. Date: 11/22/2021
AUTHORITY, PURPOSE AND SCOPE OF WORK
1. Authority
Pursuant to Part 2 Chapter 2.5 of Division 31 of the Health and Safety Code (commencing with Section 50470) Statutes of 2017 (SB 2, Atkins), which created the Building Homes and Jobs Trust Fund and the Permanent Local Housing Allocation (“PLHA”) Program (“Program”), this Standard Agreement along with all its exhibits (the “Agreement”) is entered under the authority of and in furtherance of the Program.
Pursuant to Health and Safety Code, Section 50470 (b), the California Department of Housing and Community Development (referred to herein as “HCD” or “Department”) has issued a Notice of Funding Availability (the “NOFA”), dated February 26, 2020, to govern administration of the fund and carry out the Program.
2. Purpose
In accordance with the authority cited above, an application was made to the State (the “Application”) for assistance from the Program for the purpose of making funding available to eligible local governments in California for housing related projects and programs that assist in addressing the unmet housing needs of their local communities.
By entering into this Agreement and thereby accepting the award of the PLHA grant funds (the “Grant”), the Contractor (sometimes referred to herein as the “Applicant”) agrees to comply with the terms and conditions of the NOFA, this Agreement, the representations contained in the Application, and the requirements of the authorities cited above.
3. Definitions
Capitalized terms not otherwise defined herein shall have the meaning of the definitions set forth in Health and Safety Code Section 50470 and Section 101 of the Guidelines.
4. Scope of Work
A. The scope of work (“Work”) for this Agreement shall consist of one or more of the following eligible uses:
1) The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is affordable to extremely low-, very low-, low-, or moderate-income households, including necessary Operating subsidies.
City of Fullerton
20-PLHA-15098, Am. 1 (Rev. 11/2021)
EXHIBIT A
Permanent Local Housing Allocation (PLHA) Program – Grant NOFA Date: (RD 1) 02/26/2020, (RD 2) 05/03/2021
Approved Date: 10/05/2020
Prep. Date: 11/22/2021
2) The predevelopment, development, acquisition, rehabilitation, and preservation of Affordable rental and ownership housing, including Accessory dwelling units (ADUs), that meets the needs of a growing workforce earning up to 120 percent of AMI, or 150 percent of AMI in high- cost areas. ADUs shall be available for a term of no less than thirty days.
3) Matching portions of funds placed into local or regional housing trust funds.
4) Matching portions of funds available through the Low- and Moderate- Income Housing Asset Fund pursuant to subdivision (d) of HSC Section 34176.
5) Capitalized Reserves for Services connected to the preservation and creation of new Permanent supportive housing.
6) Assisting persons who are experiencing or at risk of homelessness, including, but not limited to, providing rapid rehousing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing.
a) This Activity may include subawards to Administrative Entities as defined in HSC Section 50490(a)(1-3) that were awarded California Emergency Solutions and Housing (CESH) program or Homeless Emergency Aid Program (HEAP) funds for rental assistance to continue assistance to these households.
b) Applicants must provide rapid rehousing, rental assistance, navigation centers, emergency shelter, and transitional housing activities in a manner consistent with the Housing First practices described in 25 CCR, Section 8409, subdivision (b)(1)-(6) and in compliance with WIC Section 8255(b)(8). An Applicant allocated funds for the new construction, rehabilitation, and preservation of Permanent supportive housing shall incorporate the core components of Housing First, as provided in WIC Section 8255, subdivision (b).
7) Accessibility modifications in Lower-income Owner-occupied housing.
City of Fullerton
20-PLHA-15098, Am. 1 (Rev. 11/2021)
EXHIBIT A
Permanent Local Housing Allocation (PLHA) Program – Grant NOFA Date: (RD 1) 02/26/2020, (RD 2) 05/03/2021
Approved Date: 10/05/2020
Prep. Date: 11/22/2021
8) Efforts to acquire and rehabilitate foreclosed or vacant homes and apartments.
9) Homeownership opportunities, including, but not limited to, down payment assistance.
10) Fiscal incentives made by a county to a city within the county to incentivize approval of one or more Affordable housing Projects, or matching funds invested by a county in an Affordable housing development Project in a city within the county, provided that the city has made an equal or greater investment in the project. The county fiscal incentives shall be in the form of a grant or low-interest loan to an Affordable housing Project. Matching funds investments by both the county and the city also shall be a grant or low interest deferred loan to the Affordable housing Project.
B. A Local government that receives an allocation shall use no more than five percent of the allocation for costs related to the administration of the Activity(ies) for which the allocation was made. Staff and overhead costs directly related to carrying out the eligible activities described in Section 301 are “activity costs” and not subject to the cap on “administrative costs.” A Local government may share any funds available for administrative costs with entities that are administering its allocation.
C. Two or more local governments that receive PLHA allocations may expend those moneys on an eligible jointly funded project as provided in Section 50470 (b)(2)(B)(ii)(IV). An eligible jointly funded project must be an eligible Activity pursuant to Section 301(a) and be located within the boundaries of one of the Local governments.
D. Entitlement Local governments may use the flow of PLHA funds to incentivize private lender loans and to guarantee payments for some or all public agency bond financings for activities consistent with the uses identified in Section 301 “Eligible Activities”. This loan guarantee Activity must be identified and fully explained in the Applicant’s “Plan”.
City of Fullerton
20-PLHA-15098, Am. 1 (Rev. 11/2021)
EXHIBIT A
Permanent Local Housing Allocation (PLHA) Program – Grant NOFA Date: (RD 1) 02/26/2020, (RD 2) 05/03/2021
Approved Date: 10/05/2020
Prep. Date: 11/22/2021
5. Department Contract Coordinator
The Department’s Contract Coordinator for this Agreement is the Division of Financial Assistance, Grant Management Section PLHA Manager or their designee. Unless otherwise informed, any notice, report, or other communication required by this Agreement shall be mailed by first class to the Department Contract Coordinator at the following address:
California Department of Housing and Community Development Attention: Permanent Local Housing Allocation (PLHA)
Grant Management Section, Suite 400
2020 West El Camino Avenue, CA 95833
P. O. Box 952050
Sacramento, CA 94252-2050
6. Contractor Contract Coordinator
The Contractor’s contract coordinator for this Agreement is the Authorized Representative listed below. Unless otherwise informed, any notice, report, or other communication required by this Agreement may be mailed by first class mail, or sent through a commercial courier to the Authorized Representative at the following address:
Authorized Representative Name: Steve Danley
Authorized Representative Title: Acting City Manager
Agency Name: City of Fullerton
Address: 303 West Commonwealth
Fullerton, CA 92832
Phone No.: (714) 738-6310
Email Address: [email protected]
Authorized Representative Name: Matt Foulkes
Authorized Representative Title: Director, Community and Economic Development Department
Address: 303 West Commonwealth
Fullerton, CA 92832
Phone No.: (714) 738-6878
Email Address: [email protected]
City of Fullerton
20-PLHA-15098, Am. 1 (Rev. 11/2021)
EXHIBIT A
Permanent Local Housing Allocation (PLHA) Program – Grant NOFA Date: (RD 1) 02/26/2020, (RD 2) 05/03/2021
Approved Date: 10/05/2020
Prep. Date: 11/22/2021
7. Effective Date, Term of Agreement, and Deadlines
A. This Agreement is effective upon approval by the Department, which is the date executed by all parties (such date, the “Effective Date”).
B. This Agreement shall terminate on June 30, 2030.
C. Except for predevelopment expenses for construction projects funded by PLHA and costs to develop and prepare the Plan and the PLHA application, no costs incurred more than one year prior to commitment by the Local government may be paid from PLHA funds. Reimbursement of expenses to prepare the Plan and the PLHA application are subject to the cap on administrative fees.
D. Any Grant funds which have not been expended by the expenditure deadline shall be disencumbered and revert to the Department. The expenditure deadline is fifty-eight months from the date of the budget appropriation for each year of funds included in this Agreement.
City of Fullerton
20-PLHA-15098, Am. 1 (Rev. 11/2021)
EXHIBIT E
Per
manent Local Housing Allocation (PLHA) Program - Grant
NOFA Date: (RD 1) 02/26/2020, (RD 2) 05/03/2021
Approved Date: 10/05/2020
Prep. Date: 11/22/2021
PROGRAM-SPECIFIC PROVISIONS AND SPECIAL CONDITIONS
1. Program -Specific Provisions
The fol
lowing are project-specific terms and conditions (referred to as enumerated provision(s) for ease of reference in prior exhibits) and shall inform the references made to project-specific information not contained in those prior exhibits.
Budget
Detail:
Cont
ractor has been awarded the following grant activity amounts for 2019: $688,452 Contractor has been awarded the following grant activity amounts for 2020: $1,070,068 Estimated five year allocation may not exceed: $4,130,712 Payees:
A. The authorized Payee(s) is/are as specified below:
Name: City of Fullerton Amount: $1,758,520
Plan:
Provide a description of how allocated funds will be used for the proposed activity.
The Ci
ty of Fullerton is using its allocation to assist with the construction and operating costs for the Placentia and Buena Park homeless shelters. Based on the 2019 Point in Time Count, there were 308 households with incomes at or below 30 percent AMI in Fullerton.
Funding Allocation Year 2019 2020 2021 2022 2023
Type of Activity Navigation
Centers
Navigation
Centers
Navigation
Centers
Navigation
Centers
Navigation
Centers
Percentage of Funds
Allocated for each Activity 100% 100% 100% 100% 100%
Area Median Income Level
Served 30% 30% 30% 30% 30%
City of Fullerton
20-PLHA-15098, Am. 1 (Rev. 11/2021)
EXHIBIT E
Perm
anent Local Housing Allocation (PLHA) Program - Grant
NOFA Date: (RD 1) 02/26/2020, (RD 2) 05/03/2021
Approved Date: 10/05/2020
Prep. Date: 11/22/2021
2. Special Conditions
The foll
owing Special Conditions are applicable to this Standard Agreement:
None.