Montebello City Council
August 1, 2022

BACKGROUND
In August 2021, the City of Montebello contracted with Remix Technologies, LLC (“Remix”) to provide end-user software license and support services for transit planning and scheduling for Montebello Bus Lines ( “MBL”). The software solution would assist staff to manage operation service challenges as MBL recovered from reduced service levels caused by the global coronavirus ( the “ COVID-19”) pandemic . Remix digital platform would also enable transit staff to engage in transparent and simplified processes, improve labor-friendly schedules, and optimize peak bus counts, costs, overtime, straight runs, and/or crew counts. Transit was already utilizing Remix software and services for other Transit needs, hence the addition of these services seemed a reasonable choice.

Shortly after the agreement was executed, it was determined that the Remix software did not adequately align with MBL’s scheduling needs. The scheduling service lacked the necessary mechanisms to allow MBL to customize queries, constraints, and work regulations for blocking and run -cutting. In addition, there were limited integration capabilities between Remix and MBL’s enterprise transit management system, Avail, which compromised the overall workflow of the MBL Operations Division. Consequently, in May 2022, the City terminated its agreement with Remix per the “Termination for Convenience” clause in the City’s standard professional services agreement.

There is obviously still a need for scheduling software that provides compatibility with Transit’s other systems and existing processes. Therefore, Staff requests City Council’s approval to enter into an agreement for a two -year (2-year) term with Optibus for scheduling software licenses and support services.

As an end-to-end user software solution, Optibus comes with built-in and planner-defined preferences that will help staff capture any number of definitions , such as layover and recovery times, sign -in/sign-off times, number of vehicles required, running times, interlining, and deadhead times. The customizable preference-parameter feature will allow staff to produce fully optimized vehicle and driver schedules. This feature not only provides an accurate and actionable plan, it also saves staff time and effort when creating shakeup materials. Optibus scheduling software can also produce reports for driver/block schedules, usage and metrics, route summaries, and revenue trip summaries.

Furthermore, Optibus has integration capabilities with Avail for a seamless end-to-end operation. The software platf orm was used in a test environment to recalibrate travel times, run-cutting, blocking, rostering, and creating other relevant shakeup materials for the upcoming fall service change. This software solution will provide MBL with the necessary resources to be more efficient with transit operations.

Staff conducted research on other software providers and options before deciding on Optibus. However, the alternatives researched did not meet the necessary operational needs. Therefore, MBL requests approval of a sole-source agreement with Optibus. The procurement of this software will be obtained through the procedures outlined in CITY COUNCIL AGENDA REPORT – SPECIAL MEETING OF AUGUST 1, 2022 Approve Sole-Source Agreement No. 3978 with Optibus, Inc., for Scheduling Software Licenses and Support Services

Montebello Municipal Code ( “MMC”) Section 3.20.050, as authorized under California Government Code Section 54202. In accordance with MMC 3.20.050 ( B), when the supplies and equipment needed can be obtained from one source only . City Council approval of this two -year agreement with Obtibus acknowledges the need for a sole - source procurement of their software and support services. Furthermore, Staff can attest that additional research was conducted in determining the need for a sole -source procurement for this necessary software.

SUMMARY
Staff recommends the City Council consider approving a sole-source agreement, attached hereto in substantial form, with Optibus to provide scheduling software licenses and support services for MBL for a total not-to-exceed amount of One Hundred Twenty- Three Thousand, One Hundred and Seven Dollars ($123,107) over the course of a two- year (2-year) contract term ; and authorize the City Manager and/or his designee, to execute an agreement on behalf of the City.

ATTACHMENT:

A. Attachment A – Proposed Professional Services Agreement No. 3978 with Optibus, Inc.

CITY OF MONTEBELLO
PROFESSIONAL SERVICES AGREEMENT NO. 3978
WITH OPTIBUS, INC.

THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into on July 27, 2022 (“Effective Date”), by and between the CITY OF MONTEBELLO, a California municipal corporation (the “CITY”) and OPTIBUS, INC., a Delaware Corporation registered to do business in California (4193147) (the “CONTRACTOR”). The CITY and the CONTRACTOR are sometimes referred to herein individual as the “Party,” and jointly as the “Parties.”

RECITALS
WHEREAS, the CITY desires to retain a qualified professional Contractor to assist CITY by providing professional end-user scheduling software licenses and support services; and
WHEREAS, the CONTRACTOR represents that it is fully qualified to perform such services by vi rtue of its experi ence and the training, education and expertise of its principals and employees; and
WHEREAS, the CONTRACTOR represents the degree of specialized expertise contemplated within California Government Code, Section 37103, and is qualified to perform such services by virtue of its experience and the training, education, and expertise of its principals and employees; and WHEREAS, no official or employee of the CITY has a financial interest, within the provisions of Sections 1090 – 1092 of the California Government Code, in the subject matter of this Agreement.

NOW THEREFORE, in c onsideration of performance by the Parties of th e covenants and conditions herein contained, the Parties hereto agree as follows:

SECTION 1. INCORPORATION OF RECITALS AND OTHER CONTRACT

DOCUMENTS
A. The above-referenced Recitals constitute a material part hereof and shall hereby be incorporated by reference. Moreover, this Agreement consists of the following documents, in order of precedence, all of which are incorporated herein and made part of this Agreement, as though fully set forth herein:
a. This Agreement and its Exhibits.
b. CONTRACTOR’S Scope of Services and Associated Cost
Proposal dated July 18, 2022, attached hereto as Exhibit “A,” including:
 Optibus Service Order
 Optibus Terms of Use and Agency Amendment
c. All other documents, including but not limited to all applicable bonds, insurance certificates, permits, notices, schedules, forms, certifications, and affidavits.

B. These documents shall be collectively referred to herein as the

ATTACHMENT A
PROFESSIONAL SERVICES AGREEMENT NO. 3978

“Contract Documents.” In the event of a conflict among the Contract Documents, the order of precedence list above shall apply.

SECTION 2. SERVICES / COMPENSATION.

A. The CONTRACTOR shall provide to the CITY those services that are set forth fully in CONTRACTOR’s “ Scope of Services and Associated Cost Proposal” attached hereto as Exhibit “A” and incorporated fully herein by this reference (the “Professional Services”).

B. The CONTRACTOR shall complete the Scope of Services in a timely manner, and in accordance with an agreed -upon work schedule to be determined by the Parties.

C. The CONTRACTOR shall be compensated at a sum not -to-exceed One Hundred Twenty-Three Thousand, One Hundred and Seven Dollars ($123,107) (the “Maximum Compensation”) for the performance of the Scope of Services as set forth in Exhibit “A”. The CONTRACTOR shall provide an itemized billing statement to CITY for the Scope of Services performed. The CONTRACTOR shall not incur fees or costs which exceed the Maximum Compensation without the prior written consent of the CITY.

D. The CITY will be invoiced upon completion of the Scope of Services set forth herein. Payment in full of an invoice must be received by the CONTRACTOR within thirty (30) days of the date of such invoice.

E. Work performed shall be deemed approved and accepted by the CITY as and when invoiced unless the CITY objects within fifteen (15) days of invoice date by written notice specifically stating the details in which the CITY believes such work is incomplete or defective, and the invoice amount(s) in dispute.

The CITY shall pay undisputed amounts as provided for in the preceding paragraph.

SECTION 3. TERM.

This Agreement shall commence on July 27, 2022, and shall terminate on June 26, 2024 , unless such deadline is extended in writing by a further agreement between the Parties or the Agreement is terminated sooner as provided in Section 8 herein.

SECTION 4. PERFORMANCE.

a. The CONTRACTOR shall at all times, faithfully, competently, and to the best of its ability, experience, and talent, perform all tasks described herein.

b. The CONTRACTOR shall employ, at a minimum, generally accepted standards a nd practices utilized by companies engaged in providing similar services, as a re required of CONTRACTOR hereunder, in meeting its obligations under this Agreement.

c. The CONTRACTOR shall be knowledgeable of a nd su bject to a ll CITY ordinances, rules and regulations, standard operating procedures, and the supervisory chain of command.

PROFESSIONAL SERVICES AGREEMENT NO. 3978

d. The CONTRACTOR shall have the right to retain, subject to t h e CITY's approval, a dditional individuals, contractors or subcontractors to assist in the comp letion of services as herein defined. Compensation for additional individuals, contractors or subcontractors shall be the sole and exclusive responsibility of the CONTRACTOR.

e. The CONTRACTOR shall retain all original reports, field and office notes, correspondence, calculations, maps, and other documents specifically related to the services provided by the CONTRACTOR pursuant to this Agreement for a minimum period of three (3) years , other than documents which are exempt from disclosure p ursuant to the attorney-client privilege or any other law. Said documents shall be made available for inspection by the CITY upon request.

f. All non-proprietary reports, documents or other written material developed by CONTRACTOR in the performance of this Agreement shall be and remain the property of CITY without restriction or limitation upon its use or dissemination by CITY. Such material shall not be the subject of a copyright application by CONTRACTOR. Any alteration or reuse by CITY of any such materials on any project other than the Project shall be at CITY’s sole risk, unless CITY compensates CONTRACTOR for such reuse.

SECTION 5. WORK PRODUCT.

a. The CONTRACTOR hereby agrees that all (non -pr opr iet ar y) work product produced pursuant to this Agreement, and provided to the CITY during and upon comp letion of this Agreement, shall be the property of the CITY, and ownership of said work product shall be retained by the CITY. The CONTRACTOR may take and retain co pies of such written p roducts as desired, but no such written products sh all be the subject of a copyright application by the CONTRACTOR.

b. All non -proprietary data, documents, discussion, or other information developed or received by the CONTRACTOR or provided for performance of this Agreement are d eemed confidential and sh all not be disclosed by the CONTRACTOR without prior written consent by the CITY. The CITY shall grant such consent if d isclosure is legally required. All such w ritten products shall be returned to the CITY u pon the termination or expiration of this Agreement. The CONTRACTOR agrees that the covenants contained in this Section shall sur vive the expiration or termination of this Agreement.

c. Where applicable, d ocuments shall be provided in CITY’s standard software formats.

SECTION 6. EXTRA SERVICES.

No e xtra ser vices over and above the Compensat ion shall be rendered by the CONTRACTOR under this Agreement unless such extra services first shall have been duly authorized in writing by the CITY’s City Manager (the “City Manager”).

SECTION 7. CITY SUPERVISION.

The City Manager shall have the right of general supervision of all work performed by the CONTRACTOR and shall be the CITY’s agent with respect to obtaining the CONTRACTOR’s compliance hereunder.

PROFESSIONAL SERVICES AGREEMENT NO. 3978

SECTION 8. TERMINATION.

In the event that either Party hereto fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, the non-defaulting party shall give the defaulting party written notice of the default, the nature of the default, and of the steps necessary to cure the default.

a. Termination for Cause . In the event that any of the provisions of the Agreement are violated by either party, the non -defaulting Party may terminate the Agreement by serving written notice upon the other Party, listing the violation(s) and its intent to terminate such Agreement unless within ten (10) days after the serving of such notice, such violation shall cease or be rectified, the contract shall upon the expiration of an additional thirty (30) days cease and terminate. Violations by the CONTRACTOR which cannot be corrected within ten (10) days, said contract shall at the option of the C ITY cease and terminate upon the giving of like notice. In the event of any such termination for default by the CONTRACTOR, the CITY may take over the work and prosecute the sa me to completion by contract or otherwise for the account and at the expense of the CONTRACTOR. The CONTRACTOR and his sureties shall be liable to the C ITY for any excess cost occasioned in the event of any such termination. This change shall not be const rued to prevent the termination, for other causes authorized by law or other provisions of this contract.

In the event of a termination for cause, the CONTRACTOR shall only be entitled to the Compensation for those Professional Services satisfactory perfo rmed on or before the effective date of termination.

b. Termination for Convenience . T he CITY shall have the option, at its sole discretion and without cause, to terminate this Agreement in whole, or in part, by giving ten (10) business days’ written n otice to the CONTRACTOR. Upon the termination of this Agreement as pro vided herein, the CITY shall provide to the CONTRACTOR the part of Compensation which would otherwise be payable to the CONTRACTOR for services the CONTRACTOR had completed as of the date of termination, less the amount of all pre vious payment with respect to the Compensation. Further, upon such a termination for convenience by the CITY, the Parties agree that the CONTRACTOR shall be reimbursed for any “non- refundable” costs that the CONTRACTOR has incurred for its services under this Agreement, provided that: (1) such “non- refundable” costs were incurred by the CONTRACTOR prior to the d ate of termination, and (2) that t h e CONTRACTOR provides the CITY with adequate proof that the CONTRACTOR incurred the costs, and is unable to be seek a refund for such costs. Such “non- refundable” costs may include, but are not limited to, travel reservations incurred by the CONTRACTOR for its performance of services under this Agreement. The CONTRACTOR agrees to ce ase all work under this Agreement on or b efore the effective date of any notice of termination.

SECTION 9. EMPLOYMENT OF CITY EMPLOYEES.

No regular employee of the CITY shall be employed by the CONTRACTOR during the term of this Agreement.

SECTION 10. NON-LIABILITY OF CITY OFFICIALS AND EMPLOYEES.

No official or employee of the CITY shall be personally liable to the CONTRACTOR in the event of any default or breach by the CITY, or for any amount which may become due to the CONTRACTOR.

PROFESSIONAL SERVICES AGREEMENT NO. 3978

SECTION 11. INDEPENDENT CONTRACTOR.

a. The CONTRACTOR is and sha ll, at all times, remain as to the CITY a wholly independent contractor. Neither the CITY nor any of its elected officials, officers, employees, or a gents shall h ave control o ver the conduct of the CONTRACTOR except as expressly set forth in this Agreement. The CONTRACTOR shall not at any time or in any manner represent that he or she is in any manner an elected official, officer, employee, or agent of the CITY. No employee benefits shall be available to the CONTRACTOR in connection with the performance of this Agreement. Except as provided in this Agreement, the CITY shall not pay salary, wages, or other compensation to the CONTRACTOR for performance hereunder for the CITY, the CITY shall not be liable for compensation to the CONTRACTOR, the CONTRACTOR’s employees or the CONTRACTOR’s subcontractors for injury or sickness arising out of p erforming services hereunder.

b. The parties further acknowledge and agree that nothing in this Agreement sh all create or be construed to create a p artnership, joint venture, employment relationship or a ny other relationship e xcept as set forth in this Agreement.

c. The CITY shall not deduct from the Compensation paid to the CONTRACTOR any sums required for Social Security, withholding taxes, FICA, state disability insurance or any other federal, state or local tax or charge which may or may n ot be in effect or hereinafter enacted or required as a charge or withholding on the compensation paid to the CONTRACTOR. The CITY shall have no responsibility to p rovide the CONTRACTOR, its employees or subcontractors with workers’ compensation insurance or any other insurance.

SECTION 12. CalPERS ANNUITANTS AND ELIGIBILITY INDEMNITY.

a. If the CONTRACTOR is a California Public Employees’ Retirement System (“CalPERS”) annuitant, the CONTRACTOR must provide the City with written notification of such fact a minimum of 14 calendar days prior to commencement of services under this Agreement. Failure to provide s uch notification may result in termination of the Agreement, and any penalties or other costs relating thereto shall be borne by the CONTRACTOR. If this Agreement remains in place, the CONTRACTOR shall execute any amendment(s) to this Agreement requested by the City in order to comply with all laws and regulations applicable to CalPERS annuitants.

b. In the event that the CONTRACTOR or any employee, agent, or subcontractor of the CONTRACTOR providing services under this Agreement claims or is d etermined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the CITY, the CONTRACTOR shall indemnify, defend, and hold harmless the CITY for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of t h e CONTRACTOR or its employees, agents, or subcontractors, as well as for the payment of any p enalties and interest on such contributions, which would otherwise be the responsibility of the CITY.

c. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the co ntrary, the CONTRACTOR and any of its PROFESSIONAL SERVICES AGREEMENT NO. 3978

employees, a gents, a nd subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by t h e CITY, including but not limited to eligibility to enroll in PERS as an employee of the CITY and entitlement to any contribution to be paid by t h e CITY for employer contribution and/or employee contributions for PERS benefits.

SECTION 13. LEGAL RESPONSIBILITIES.

The CONTRACTOR shall at all times observe and comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local g overnments including, but not limited to the Montebello Municipal Code. The CITY, and its appointed or elected officers, employees, or agents, shall not be liable at law or in equity occasioned by failure of the CONTRACTOR to comply with this section.

SECTION 14. INDEMNIFICATION.

The CONTRACTOR agrees to, and shall d efend, indemnify, protect a nd hold harmless, the CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers from and against any a nd all claims, demands, lawsuits, defense costs, civil, penalties, expenses, causes of action, and judgments at law or in equity, or liability of any kind or nature which the CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers may sustain or incur or which may be imposed upon them for injuries or deaths of persons, or damage to property arising out of t h e CONTRACTOR’s negligent or wrongful act, or omission under the terms of this Agreement, except only liability arising out of the sole negligence of the CITY.

SECTION 15. INSURANCE COVERAGE.

a. During the term of this Agreement, the CONTRACTOR shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with CONTRACTOR’s performance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below:

  Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis for bodily injury and property d amage, including products-completed o perations, personal injury, and advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, the limit shall be twice the required occurrence limit.

  Business Automobile Liability Insurance: If applicable, Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if the CONTRACTOR has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.

  Worker's Compensation insurance as required by the laws of the State of California, with Statutory L imits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

  Professional Liability insurance appropriate to the PROFESSIONAL SERVICES AGREEMENT NO. 3978

CONTRACTOR’S profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.

b. If the CONTRACTOR maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the CONTRACTOR.

c. The CONTACTOR shall require each of its subcontractors, if any, to maintain insurance coverage that meets all of the requirements of this Agreement.

d. The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a current rating of at least A:VII in the latest edition of Best's Insurance Guide.

e. Each insurance policy required above shall state that coverage shall not be canceled, except after thirty (30) days’ prior written notice (ten [10] days for non-payment) has been given to the CITY. The CONTRACTOR agrees that if it does not keep the aforesaid insurance in full force and effect the CITY may either (i) immediately terminate this Agreement for Cause; or (ii) take out the necessary insurance and pay, at the CONTRACTOR’s expense, the premium thereon.

f. Evidence of Insurance prior to commencement . The Contractor shall provide to the CITY Certificate(s) of Insurance evidencing such coverage together with copies of the required policy endorsements no later than five (5) business days prior to commencement of service and at least fifteen (15) business days prior to the expiration of any policy. Unreasonable failure to provide such evidence may be cause for termination of the Agreement as provided herein or delay the services’ commencement date. The evidence of insurance shall be U.S. mail or email to:

City of Montebello
Attn: Risk Manager
1600 West Beverly Boulevard
Montebello, CA 90640
Email: [email protected]

g. Coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits, non -renewed, or materially changed fo r any reason, without thirty (30) days prior written notice thereof given by the insurer to the CITY by U.S. mail, or by personal delivery, except for nonpayment of premiums, in which case ten (10) days prior notice shall be provided.

Evidence of Insuranc e during the entire term of the Agreement. At all times during the term of this Agreement, the CONTRACTOR shall maintain on file with the CITY’s Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and naming the CITY as an additional insured. The CONTRACTOR shall, prior to commencement of work under this Agreement, file with the CITY’s Risk Manager such certificate(s).

h. The CONTRACTOR shall provide proof that p olicies of insurance required herein e xpiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two (2) weeks prior to the expiration of the coverages.

PROFESSIONAL SERVICES AGREEMENT NO. 3978

i. The general l i a b i l i t y and a u t o m o b i l e p o l i c i e s o f insurance required by this Agreement shall contain an endorsement naming the CITY, its officers, employees, agents and volunteers as additional insureds. All of the policies required u nder this Agreement shall co ntain an endorsement providing that the policies cannot be canceled or reduced except on thirty days’ prior written notice to the CITY. The CONTRACTOR agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.

j. The insurance provided by the CONTRACTOR shall be primary to any coverage a vailable to the CITY. Any insurance or self-insurance maintained by the CITY, its officers, emp loyees, agents, or volunteers, shall be in excess of CONTRACTOR’s insurance and shall not contribute with it.

k. All insurance coverage pro vided pursuant to this Agreement shall not prohibit the CONTRACTOR, and CONTRACTOR’s employees, agents or subcontractors, from waiving the right of subrogation prior to a loss. The CONTRACTOR hereby waives all rights of subrogation against the CITY.

l. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, the CONTRACTOR shall either reduce or eliminate the deductibles or self-insured retentions with respect to the CITY, or the CONTRACTOR shall procure a bond guaranteeing payment of losses and expenses.

m. Procurement of insurance by the CONTRACTOR shall not be construed as a limitation of the CONTRACTOR'S liability or as full performance of CONTRACTOR’s duties to indemnify, h old ha rmless and d efend und er the indemnity covenants of this Agreement.

SECTION 16. SUBCONTRACT, ASSIGNMENT OR DELEGATION.

The CONTRACTOR shall not subcontract, delegate, or assign its duties or rights hereunder, either in whole or in part, without the prior written consent of the CITY.

Any proposed subcontract, delegation, or assignment shall provide a description of the services to be covered, identification of the proposed sub-contractor, delegee, or assignee, and an explanation of why and how the same was selected, including the degree of competition involved.

Any su bcontract, delegation or assignment shall be made in the name of the CONTRACTOR and shall not bind or purport to bind the CITY and shall not release the CONTRACTOR from any obligations und er this Agreement including, but n ot limited to, the duty to properly supervise and coordinate the work of employees, assignees, d elegees or sub-contractors. No such subcontract, delegation or assignment shall result in any increase in the amount of total compensation payable to the CONTRACTOR under the Agreement.

SECTION 17. NO WAIVER.

Waiver by any party hereto of any term, condition or covenant of this Agreement shall not constitute the waiver of any other term, condition, or covenant hereof.

PROFESSIONAL SERVICES AGREEMENT NO. 3978

SECTION 18. DISPUTE RESOLUTION; GOVERNING LAW.

Disputes regarding the interpretation or application of any p rovision(s) of this Agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations between the Parties. If any action at law or in equity is brought to enforce this Agreement or b ecause of alleged dispute, breach, default or misrepresentation in connection with the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney’s fees, expert fees, costs a nd necessary d isbursements incurred in that action or proceeding, in addition to such other relief as may be sought and awarded. The venue for any litigation shall be County of Los Angeles, California. The Parties agree that the covenants contained in this Section shall survive the expiration or termination of this Agreement.

SECTION 19. ATTORNEY’S FEES AND COSTS.

If litigation is reasonably required to enforce or interpret the provisions of this Agreement, the prevailing party in such litigation shall be entitled to an a ward of reasonable attorney's fees and costs in addition to any other relief to which it may be entitled.

SECTION 20. WARRANTIES.

Each of the parties represents and warrants to one another as follows:

a. It has received independent legal advice from its attorneys with respect to the advisability of entering into and executing this Agreement;

b. In executing this Agreement, it has carefully read this Agreement, knows the contents thereof, and h as relied solely on the stateme nts expressly set forth herein and has placed no reliance whatsoever on any statement, representation, or promise of any other party, or any other person or entity, not expressly set forth herein, nor upon the failure of any other party or any other person or entity to make any statement, representation or disclosure of any matter whatsoever; and

c. It is agreed that each party has the full right and authority to enter into this Agreement, and that the person executing this Agreement on behalf of either party has the full right and authority to fully commit and bind such party to the provisions of this Agreement.

SECTION 21. MISCELLANEOUS.

a. The descriptive paragraph headings of this Agreement are included for purposes of convenience only and shall not control or affect the construction of interpretation of any of its provisions.

b. Whenever the context hereof shall so require, the singular shall include the plural, the male gender shall include the female gender, and the neuter and vice versa.

c. In case any one or more of the provisions c ontained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such i nvalid, illegal, or unenforceable provisions had never been contained herein.

PROFESSIONAL SERVICES AGREEMENT NO. 3978

d. The representations and warranties made by the parties to this Agreement shall survive the consummation of the transaction herein described.

e. This Agreement may be signed in any one or more counterparts all of which taken together shall be but one and the same Agreement. Any signed copy of this Agreement or of any other document or agreement referred to herein, or copy or counterpart thereof, delivered by facsimile transmiss ion, shall for all purposes be treated as if it were delivered containing an original manual signature of the party whose signature appears in the facsimile and shall be binding upon such party in the same manner as though an originally signed copy had been delivered.

f. Each of the parties acknowledges that it has been represented by independent counsel of its own choosing, or if it has not been so represented, it has been admonished to obtain independent counsel and has freely and volun tarily waived and relinquished the right to counsel. Each party who has not obtained independent counsel acknowledges that the failure to have independent legal counsel will not excuse such party’s failure to perform under this Agreement or any agreement referred to in this Agreement.

SECTION 22. NOTICE.

All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered via e- mail (an “Electronic Notice” as further defined below), personally or on the second (2nd) business day af ter the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as h ereinafter pro vided. All notices, demands, requests, or approvals hereunder shall be given to the following addresses or such other addresses as the Parties may designate by written notice:

If to CITY: City of Montebello
Attn: René Bobadilla, City Manager
1600 W Beverly Blvd
Montebello, CA 90640
(323) 887 -1200
With a copy to: City of Montebello – Montebello Bus Lines Attn: Lupita Ibarra, Director of Transportation
400 South Taylor Avenue
Montebello, CA 90640
(323) 558 -1625 x 101
(323) 887- 4643 (Fax)
[email protected]

If to Contractor: Optibus, Inc.

Attn: Amos Haggiag, CEO
135 Madison Ave, 5th Floor
New York, NY 10016
(972) 689-8487
[email protected]

An electronic communication (“ Electronic Notice ”) shall be deemed written notice for purposes of this section if sent to the electronic mail address specified above. Electronic Notice shall be deemed received at the time the party sending Electronic Notice receives verification of receipt by the receiving party. Any party PROFESSIONAL SERVICES AGREEMENT NO. 3978

receiving Electronic Notice may request and shall be entitled to receive the notice on paper, in a nonelectronic form.

SECTION 23. NON-DISCRIMINATION AND EQUAL OPPORTUNITY
EMPLOYER.

In the performance of this Agreement, the CONTRACTOR shall not discriminate against any employee, sub-contractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national or igin, ancestry, age, p hysical or mental h andicap, mental co ndition or sexual orientation. The CONTRACTOR will take affirmative action to e nsure that sub- contractor and a pplicants are employed, a nd that employees are treated d uring employment, without regard to their race, color, creed, religion, sex, marital status, national ori gin, a ncestry, age, physical or mental h andicap, medical co ndition or sexual orientation.

SECTION 24. CONFLICT OF INTEREST.

The CONTRACTOR covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be p erformed by the CONTRACTOR under this Agreement, or which would conflict in any manner with the p erformance of its services h ereunder. The CONTRACTOR further co venants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, the CONTRACTOR shall a void the a ppearance of having any interest that would conflict in any manner with the p erformance of its services pu rsuant to this Agreement.

The CONTRACTOR covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to t h e CITY as a result of the p erformance of this Agreement, or the services that may be procured by the CITY as a result of the recommendations made by the CONTRACTOR. The CONTRACTOR's co venant under this section sh all sur vive the termination of this Agreement.

SECTION 25. ENTIRE AGREEMENT.

This Agreement contains the e ntire u nderstanding between the CITY a nd the CONTRACTOR. Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by each party. If any term, condition, or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall be valid and binding.

[SIGNATURE PAGE TO FOLLOW]
PROFESSIONAL SERVICES AGREEMENT NO. 3978

IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above.

(“CITY”) (“CONTRACTOR”)
CITY OF MONTEBELLO OPTIBUS, INC.

René Bobadilla, City Manager Amos Haggiag, CEO
Date: ___________ Date: ____________

ATTEST:

Christopher Jimenez, City Clerk

APPROVED AS TO FORM:

Arnold M. Alvarez-Glasman, City Attorney

EXHIBITS
 Exhibit A – Contractor’s Scope of Services and Associated Cost and:
i. Optibus Service Order
ii. Optibus Terms of Use and Agency Amendment

Exhibit “A”
CONTRACTOR’S SCOPE OF SERVICES

Proposal and Contracting Terms for
July 18, 2022

EXHIBIT A

Contents
Proposal and Contracting Terms for Error! Bookmark not defined.

About Optibus 3
Platform Overview 5
Solution Modules Offered 6
Planning 6
Timetable 8
Scheduling 10
CAD/AVL Integration 12
AVAIL and Optibus: A Seamless End to End Transit Solution 12 Avail Integration/Scheduling Conversion Scope of Work and Fee Detail (provided by Avail) 13
Optibus Service Order 17

About Optibus
Optibus enables transit providers to better run mass transportation through a unique cloud-based platform that provides a proven approach to transit planning, scheduling and performance.

We have vast experience helping transit agencies and operators grow and improve their operations. The Optibus platform has been chosen for more than 340 cities and drives some of the most complex and large- scale transit operations worldwide.

The platform has a proven, measurable ability to improve the quality of service and efficiency, reduce costs, and streamline overall operations.

Optibus has ensured implementations of projects and operations with sites ranging from 10s of vehicles to larger sites with 1000s of vehicles. The Optibus Solution Engineering team helps ensure our clients successfully meet their schedules and timelines.

The Optibus platform has been deployed in many US sites, including:
● Antelope Valley Transit Authority
● Los Angeles Department of Transportation (LA DOT)
● Marin Transit
● Ventura County Transportation Commission
● Nassau Inter County Express (NICEBus)
● Capital Area Transit (CAT)
● Central Pennsylvania Transportation Authority (Rabbit) ● Lehigh & Northampton Transportation Authority (LANta) ● Madison County Transit

The Optibus platform is unique in several respects:

Focused on real business metrics: Optibus models your transportation network at the most granular level, generating a quality schedule and immediately highlighting the business key performance indicators and cost data you need to make optimal schedule and cost decisions.

Unique ability to provide visibility and optimization from agency to operator and from routes to rosters:

Optibus creates a holistic plan that carries timetable and route data all the way to scheduling, ensuring that various options can be tested and evaluated, creating visibility on the use of third-party funds and the quality of operations, and allowing for optimizations that create better on-time performance on the same budget or even less.

A cloud-native, open data platform: Optibus is provided as a SaaS (Software as a Service) platform. Being cloud native, it saves IT resources and requires no hardware, allows the decommission of costly servers and supports IT needs. Feature improvements are made continuously. Clients are up and running in weeks, not months. Further, your staff can work remotely, including from home.

Data-Driven: With the strongest algorithms in the business and machine learning muscle, we turn your operation into a smart, data-driven business. We can forecast the likelihood of on-time performance, incorporate external data and help you use demand-related data to bring your service to the forefront of mobility.

Robust and scalable: Optibus was built to support the world's most complex transit operations or small local services. The platform can model any type of preference and constraint, across thousands of vehicles to quickly provide an optimized schedule or plan. This not only provides an accurate and actionable plan; it also saves scheduler time and effort and frees them to focus on other areas in the business where their expertise is required.

Platform upgrades
The Optibus platform is completely cloud native. All platform upgrades are on secure Amazon Web Services cloud servers and are completely seamless to end-users and at no additional cost.

The Optibus platform user-experience is agnostic to any software upgrade as it is done on the back end on cloud servers. New feature development and support in the purchased software modules are released free of charge.

Platform Overview
Optibus provides a SaaS platform that plans and schedules the movements of every vehicle and driver, with detailed insight into how this affects operations, on-time performance and costs. The Optibus software is entirely web based and cloud native with no need for any additional IT equipment and providing full accessibility from a standard internet browser.

An important distinction needs to be made around the subject of being cloud based and cloud native. Being cloud based simply refers to an application being web based. Being cloud native, however, refers to the architecture of the platform, which enables better advantages for accessibility and collaboration. Cloud native architecture allows Optibus to create better and faster solutions by distributing our optimization processing across multiple servers simultaneously—through Amazon Web Services, in the case of Optibus—and to seamlessly scale our number of users.

Solution Modules Offered
Optibus offers an end -to-end, web -enabled single platform solution which consists of fully integrated and automated modules each handling a different part of the process. The Optibus platform includes the following software modules:

Planning
Optibus Planning provides the planner with tools to create and modify routes that will be refl ected in the timetable (see below). The planner can draw a line on the map and the system will then create a route with all the stops. An existing route can also be modified through the map to finetune the route or examine other possibilities. The planner can drop a ‘check point’ (i.e. a pin on the map) to act as a virtual anchor to change the route to go through the area marked with the pin. If the planner moves the pin the route will realign to the pin location.

The Planning module is based on Google Maps, which offers superior geocoding, performance and quality. All map editing can also override the defaults provided by Google Maps.

Draw the Route on the Map

Modify the Route on the Map

Satellite View

Optibus Planning uses all the Google Maps functionalities such as satellite view, street view, etc.

Data Driven Demographics Planning
The Planning module also includes demographic layers on the map using US census data to enable visualization for how route changes will affect selected demographic groups living along your routes. This feature helps transit planners make service more equitable by assessing the impact on low-income and minority populations. The feature is popular among agencies as they seek to comply with Title VI reporting requirements.

Demographic Layer View

Timetable
Optibus Timetable provides the tools required to build a service schedule data set. Optibus Timetable enables the planner to define a route from scratch by selecting the route stops, defining time points, setting the distance between the stops/time points, etc.

The planner can define the following (manually or by uploading from Excel):

1. The different route service for weekdays, weekends, school holidays and any other special service

2. Route patterns

3. Vehicle types within the fleet, including electric vehicles (EVs)

4. Allowed vehicle types for each of the route patterns (to be used later in the vehicle scheduling stage)

5. Locations of charging stations for EVs

6. Travel time between stops for different time bands of the day

7. Start time, end time and frequency for each route

Based on the data above, the system automatically generates a full timetable for any given route. The planner can later make any manual amendments to the plan, with the system automatically updating the subsequent stop times, highlighting the manually updated times and clearly marking any violation.

Generate the timetable for the route and review the KPIs

Scheduling
Optibus Scheduling provides the tools to easily create a fully optimized schedule and compare multiple what-if scenarios using clear and accurate KPIs. The platform uses the master service schedule created in Timetable, which contains all the trip information as the main dataset. Using predefined and customer-specific preferences and constraints for vehicle, driver, depot and other global preferences, the cost -based optimization engine produces, with a single click of a button, a fully optimized vehicle and driver schedule in a matter of seconds/minutes. The planner can then review the schedule, make any manual amendments, change preference parameters and run the optimization again to produce additional scenarios.

The tuning of the optimization engine is done via the preferences—an intuitive, highly flexible and expandable rule-based mechanism that allows the planner to model any type of preference, constraint and work regulation for both blocking and runcutting. The preferences are used to capture any number of definitions such as layover and recovery times, sign -in/sign-off times, number of vehicles required, running times, interlining, deadhead times and various other built -in and planner -defined preferences and constraints. Any preference definition is respected by the automatic optimization process, so every optimization run yields a valid and feasible plan.

Optibus Scheduling offers a fully interactive experience, assisting the planner with the decision-making process.

The planner can filter the vehicle and duty views as well as review and sort by various statistics. When making manual amendments to the schedule, the system gives clear recommendations and grading for every action, allowing the planner to clearly understand the impact of any manual amendm ent on the schedule validity and overall cost.

Optibus Scheduling also provides a set of predefined built -in reports for driver/block schedule, usage and metrics, route summary, revenue trip summary, depot allocation and others. Additional planner-defined reports can be viewed and created through the Analytics add-on.

Vehicle Schedule View

CAD/AVL Integration
AVAIL and Optibus: A Seamless End to End Transit Solution

Integrating Optibus’ schedule into myAVAIL can save agencies both time and money. Optibus’ quick and easy planning and scheduling modules will allow for agencies to perform multiple what if scenarios especially in a time where the industry is going through many changing uncertainties.

Based upon these scenarios, Optibus will then optimize vehicle and crew schedules while adhering to unique and specific agencies rules & inputs. However, the journey does not end at optimized schedules for transit agencies. Once this is done, this data will have to be fed and managed in a day to day operation. AVAIL provides data driven transit solutions for operations, riders, business intelligence, and fleet management. This will empower agencies to drastically improve efficiency, tracking, and compliance. Different codes (such as headsign, route, pattern, etc.) and run information provided from scheduling can be configured within Optibus, which will then provide a myAVAIL export to then be managed with AVAIL’s real time fleet management platform.

Avail Integration/Scheduling Conversion Scope of Work and Fee Detail (provided by Avail)

Optibus Service Order
This Software as a Service Agreement Service Order is made and entered into as of [______________] 2022, by and between Optibus Inc., (“Optibus”), and [____________] having its principal offices at [___] (the "Customer") (each may also be referred to as a "Party" and collectively the "Parties").

Optibus Platform Pricing
Optibus- Year 1- 50 vehicles
Product/
Service
Included Features
Unit Fee per
vehicle
QTY Months Total Term
Planning, Scheduling and Rostering

Route Planning (Mapping
and Demographics)
$88.18 50 12 $52,908 1 year
Timetable Planning

Vehicle Schedule
Optimization

Crew Schedule
Optimization

Relief Vehicle Schedule
Optimization
Rostering Optimization

Optibus- Year 2- 55* vehicles
Product/
Service
Included Features
Unit Fee per
vehicle
QTY Months Total Term
Planning, Scheduling and Rostering

Route Planning (Mapping
and Demographics)
$88.18 55* 12 $58,198.80 1 year Timetable Planning

Vehicle Schedule
Optimization

Crew Schedule
Optimization

Relief Vehicle Schedule
Optimization
Rostering Optimization
● *Price per vehicle can remain at $88.18 for year 2. Montebello Bus Lines and Optibus can assess the # of vehicles being utilized in year 2 to determine / “true up” yearly cost.

Established, seamless GTFS integration with Avail Avail data Integration (pass through expense from
Avail through Optibus)
$12,000 Unlimited GTFS exports included
2 Year Total Subscription Fees
$123,106.80
for 2 year term
(Optibus and Montebello Bus
Lines to assess vehicles on
platform 12 months after initial
contracting date to establish any
change in price based on $88.18
per vehicle per month per year)

Support
Service
Optibus Academy Access Included in subscription
Knowledgebase Access Included in subscription
Technical Support Included in subscription

OPTIBUS TERMS OF USE
Last Revised: June 22, 2022
Optibus Ltd. (“Optibus”) provides a proprietary software as a service which uses unique algorithms designed to analyze and generate optimized arrangements for vehicles and drivers for transportation agencies that operate fixed -route transportation service vehicles (the “ Platform”), and may include other services provided by Optibus, as further detailed in the relevant Service Order (as defined below) (collectively, the “Services”). You may use the Services (or any part thereof) in accordance with your specific applicable Service Order duly executed with Optibus and strictly subject to the terms and conditions provided hereunder.

1. Acceptance of these Terms

1.1. Please read carefully these terms and conditions of use (these “ Terms”) before executing the Service Order and/or other ordering document that references or incorporates these Terms. By accepting these Terms through the execution of a Service Order, you agree to comply with and be bound by the following terms and conditions. If you are agreeing to these Terms not as an individual but on behalf of your company, government, or other entity for which you are acting (for example, as an employee or governmental official) you represent that yo u have the authority to bind such entity to these Terms, to use the Services on behalf of such entity and, in such event, “you” and “your” as used in these Terms shall refer to such entity. If you do not have such authority, or if you do not agree to these Terms, you may not access the Platform or use the Services. Each of Optibus and you may also be referred to herein as a “ Party” and collectively as the “Parties.”
The “Effective Date” of these Terms is the date which is the earlier of (a) your initial access to or use of the Platform or Services or (b) the effective date of the first executed Service Order referencing these Terms.

2. Scope of Services

2.1. The scope of Services shall consist of performing the Services as stipulated and agreed in an applicable Service Order (the “Service Order”) that references these Terms. The Service Order (and any additional Service Order mutually executed by the Parties) is hereby incorporated by reference into these Terms. Unless otherwise expressly set forth in a Service Order, the Parties agree that these Terms shall apply to and govern each Service Order. In the event of any conflict between these Terms and a Service Order, these specific conflicting terms of the Service Order shall prevail.

3. Use of Services

3.1. Upon Optibus’ acceptance of your Service Order and for the duration of the Term (as defined below), Optibus grants you the nonexclusive, revocable, non -assignable, non - transferable, royalty -free and limited right to use the Platform and any standard published documentation provided by Optibus (“Documentation”) to receive the Services solely for your internal business operations and subject to these Terms. You may access the Platform via individuals who are authorized by you, in accordance with these Terms, to access and use the Platform on your behalf (“Authorized Users”). You are solely responsible for maintaining the confidentiality of your account information and for anything that happens through your account information, including via your Authorized Users.
3A. Use of Services in Bidding (Tenders)
Notwithstanding anything to the contrary contained herein, including with respect to the Use Restrictions contained in Section 4(v) below, You may make use of the Services for purposes of bidding on a Tender (as defined below) subject to strict compliance with these Terms and the following specific conditions:
i) You clearly indicate to Optibus your intent to use the Services for purposes of a Tender offer at the time You place your Order;
ii) You do not, without the prior written consent of Optibus, bind Optibus to any obligation or undertaking that is in any way inconsistent with the express conditions of these Terms; iii) You promptly notify Optibus of the results of the Tender; iv) If your Tender offer is accepted, you hereby agree to exclusively use the Services of Optibus for purposes of your performance pursuant to the Tender for a period of two (2) years from the date your Tender offer was accepted (“Tender Term”) on the same commercial Service terms as were agreed by You and Optibus prior to the submission of the Tender offer, or as shall be otherwise agreed between the Parties in writing; v) If you terminate use of the Services prior to the end of the Tender Term, You shall pay to Optibus the remainder of any Fees (as defined be low) due and owing for the remainder of the Tender Term.
“Tender” shall mean any invitation to suppliers to submit competitive bids or offers to supply products or services, whether to public or private institutions, whether in open or sealed bids, and whether in the form of a Request for Tender (RFT) or Request for Proposal (RFP).

4. Use Restrictions

4.1. There is certain conduct which is strictly prohibited when using the Platform and Services. Please read the following restrictions carefully.

Unless prior writ ten authorization is obtained from Optibus and/or otherwise specified in the applicable Service Order, you shall not, and shall not authorize others, to: (a) modify, alter, create derivative works from, reverse engineer, decompile, or disassemble any part of the Platform or Services, nor attempt in any other manner to obtain the source code or otherwise reduce to human - perceivable form any part of the Platform or Services; (b) frame, mirror, republish, download, display, transmit, or distribute all or any p ortion of the Platform or Services (including any Documentation which accompanies the Services) in any form or media or by any means; (c) remove any proprietary notices, labels, or marks on or in any part of the Platform or Services, including without limitation any trademark or copyright notices; (d) disclose the results of testing or benchmarking of the Services to any third party, or access or use the Services or any part thereof in order to build or support, and/or assist a third party in building or su pporting, products or services which are competitive to Optibus’ Platform or Services; (e) sublicense, rent, or lease, host, outsource, display, or commercially exploit any part of the Services, or use the Services to provide services to third parties; (f) attempt to obtain, or assist third parties in obtaining, access to the Platform, Services and/or associated Documentation; (g) use the Services in any manner not expressly authorized by these Terms; or (h) take any actions which (i) would disable the Plat form or Services or impair in any way their operation based on the elapsing of a period of time, the exceeding of an authorized number of copies, or the advancement to a particular date or other numeral (referred to as “time bombs”, “time locks”, or “drop dead” devices); (ii) would prevent Optibus from accessing the Services for the purposes of its operations; or (iii) infringe or violate any of the Terms or allow and/or enable a third party to do any of the aforementioned.

5. Fees

5.1. In consideration for the S ervices, you shall pay Optibus the amounts set forth on each Service Order (the “Fees”). Optibus will issue an invoice to you referencing the applicable 12- month period at the beginning of each 12 -month period, commencing upon the signing a respective Service Order.

5.2. Payment Terms. Unless otherwise provided in a Service Order, within thirty (30) days from the issue date of the invoice, you shall pay Optibus all amounts for Fees referenced in such invoice. Any payment not received by Optibus within such period shall accrue interest at a rate of one percent (1%) per month, or the highest rate allowed by applicable law. All Fees are non-cancellable and non-refundable. All Fees are stated and payable in US Dollars, and are exclusive of VAT, which shall be added to Optibus’ invoice(s) at the appropriate rate.

5.3. You will be responsible for, and will promptly pay, all taxes and duties of any kind (including but not limited to sales, use and withholding taxes) associated with these Terms or your receipt or use of the Services, except for taxes based on Optibus’ income. Notwithstanding the foregoing, in the event you claim an exemption from the payment of such applicable taxes or duties, you will provide to Optibus any such exemption information at the time of payment.

5.4. You agree to make all payments under each Service Order and these Terms without set- off or counterclaim and free and clear of any withholding or deduction (save as required by law) for any present or future taxes and/or duties. All payment of amounts referenced in such invoice shall be made in readily available funds, directed to Optibus' bank account which details are:

Account name: Optibus Ltd.

Bank Name: Bank Leumi
Branch Number: 864
Branch Address: Arie Shenkar 10 Herzelia Israel
Account number: 556700/01
Swift code: LUMIILITXXX
IBAN: IL210108640000055670001

6. Intellectual Property

6.1. You retain all ownership and intellectual property rights in and to all data you provide to or make available to Optibus or which is generated by you during you r use of the Services (collectively, “Customer Data”). You hereby grant Optibus the right to use your Customer Data (a) in order to provide the Services to you and (b) in aggregate, anonymized form for Optibus’ internal business purposes.

6.2. You acknowledge and agree that Optibus and/or its licensors own the Platform, the Services, Optibus’ Confidential Information and/or any part of the foregoing, including any related Documentation, updates, upgrades, copies, emulations, modifications, adaptions, enhancements, or derivative works thereof and all intellectual property rights in the aforementioned. Except as expressly stated herein, these Terms does not grant you or your Authorized Users any rights or licenses in respect of the Platform and/or Services or any other intellectual property of Optibus. All rights not granted herein are expressly reserved by Optibus.

6.3. In the event that you decide to provide to Optibus any suggestions, ideas, comments, questions and/or other feedback relating to the Platform and/or Services (“Feedback”), you hereby grant Optibus the irrevocable right to freely use such Feedback and, accordingly, all rights to any improvements and/or enhancements to the Platform and/or Services, howsoever arising, including as a result of any ideas, input or information provided by you as aforesaid, shall vest solely with Optibus. Optibus may in connection with any of its products or services freely use, copy, disclose, license, distribute and exploit any Feedback in any manner without any obligation, royalty or restriction based on intellectual property rights or otherwise. No Feedback will be considered your Confidential Information, and nothing in these Terms limits Optibus’ right to independently use, develop, evaluate, or market products or services, whether incorporating Feedback or otherwise.

7. Your Obligations

7.1. You represent that during the Term and at all relevant times, you shall: (a) hold and maintain any necessary rights, licenses, consents and/or permissions required to allow Optibus and its third party service providers to perform their obligations under these Terms, including without limitation, the use of your Customer Data by Optibus and its service providers as required under applicable law and as contemplated hereunder; (b) comply with all applicable laws and regulations with respect to your activities under these Terms; (c) ensure that your network and systems comply with the relevant specifications provided by Optibus from time to time; (d) be solely and fully responsible for any decision made or action taken or not taken in reliance on the use of the Services and/or any data output; (e) be solely responsible for regularly tracking, reviewing and verifying that the Platform and Services are duly performing in accordance with your requirements, specifications, expectations, and goals.

8. Privacy and Data Protection

8.1. Optibus may collect certain data and information from you and your Authorized Users in connection with your and your Authorized Users’ use of the Platform and Services and otherwise in connection with these Terms. All such data and information will be collected and used by Optibus in accordance with Optibus’ Privacy Policy, which you acknowledge and agree to.

8.2. You hereby warrant and represent that any content, information, and data (including Customer Data) provided to Optibus during the course of your engagement with Optibus shall not include Personal Data of any third party. You alone, and not Optibus, shall be responsible for any information provided, uploaded to the Platform or otherwise made available to Optibus beyond the scope permitted hereunder. For the purposes of these Terms, “Personal Data” shall mean all information and data of any kind collected, received, held, accessed, maintained, stored, processed, controlled, or used, that is considered to be personal data or individually - identifiable information from o r about an individual under applicable law, including but not limited to the CCPA, GDPR and/or other applicable data protection or privacy laws and regulations to which the you or Optibus are subject.

8.3. Without derogating from the aforementioned, in the event Personal Data is included in the Customer Data, you shall take all necessary measures to ensure and hereby represent and warrant to Optibus, that any third party (including, without limitation, your employees, suppliers, customers and contractors) who se Personal Data has been provided to Optibus hereunder, is aware of and has

8.4. provided explicit consent to Optibus' processing, storing, displaying, transmitting, and performing any other actions on and in connection with such third party's Personal Data, as shall be required or advisable.

9. Indemnification

9.1. Optibus shall defend, indemnify and hold you harmless from and against any damages, liabilities, costs, and expenses (including reasonable attorney’s fees) finally awarded by a court of competent jurisdiction to a third party claiming that the Services, when used in accordance with these Terms and any Documentation, infringe such third party’s intellectual property rights (“Infringement Claim”), provided you do the following: (a) notify Optibus promptly in writing, not later than 30 days after you receive notice of the claim (or sooner if required by applicable law); (b) give Optibus sole control of the defense and any settlement negotiations; and (c) give Optibus the information, authority, and assistance Optibus needs to defend against or settle the Infringement Claim. Optibus shall have the sole right to control the defense of such Infringement Claim and all related settlement negotiations.

9.2. If Optibus believes or it is determined that the Service be s ubject to an Infringement Claim, Optibus may at its discretion choose to either modify the Services to be non-infringing (while substantially preserving their utility or functionality) or obtain a license to allow for your continued use thereof, or if in O ptibus’ sole discretion, these alternatives are not commercially practicable, Optibus may terminate these Terms and refund any unused, prepaid Fees paid by you for the Services. Notwithstanding anything to the contrary contained hereunder, Optibus will not indemnify or defend you for any Infringement Claim that is based on: (a) any modification to the Services by anyone apart from Optibus, without the prior written consent of Optibus; (b) use of the Service not in accordance with these Terms, any Documentation or other instructions provided by Optibus; (c) use of the Services with hardware or software that does not meet the minimum requirements set forth in the Documentation, and/or that has not been preapproved by Optibus; or (d) any information, design, specification, instruction, software, data, or material not furnished by Optibus.

9.3. You shall indemnify, defend, and hold Optibus (including its officers, employees, agents and affiliates) harmless from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorney’s fees) resulting from any third-party claims: (a) that Customer Data violates any third party rights, including without limitation infringement or violation of intellectual property rights or privacy rights; or (b) arising from your violation or alleged violation of any of your representations and/or obligations under these Terms.

10. Confidentiality

10.1. By virtue of these Terms and/or provision of the Services, the Parties may have access to information that is proprietary or confidential to one another (“Confidential Information”).

A party’s Confidential Information shall not include information that: (a) is or becomes a part of the public domain through no act or omission of the other party; (b) was in the other Party’s lawful possession prior to the disclosure and had not been obtained by the other Party either directly or indirectly from the disclosing Party; (c) is lawfully disclosed to the other Party by a third party without restriction on the disclosure; ( d) is independently developed by the other Party without use of

10.2. 10.3. or reference to the Confidential Information; or (e) is required to be disclosed by a court of competent jurisdiction or other governmental authority or otherwise as required by law.

10.4. The Parties agree to hold each other’s Confidential Information in strict confidence for a period of five years from the date of disclosure and to only use such Confidential Information as necessary for performance under these Terms. Also, the Parties agree to disclose Confidential Information only to those employees or agents who have a need to know such information and are required to protect it against unauthorized disclosure in a manner no less protective than under these Terms. Optibus will protect the conf identiality of your Customer Data in accordance with its published Privacy Policy.

10.5. The Parti es each acknowledge and agree that a violation of the confidentiality undertakings in these Terms may cause significant harm to the disclosing Party. In addition to any other rights and remedies disclosing Party may have, receiving Party agrees that an injunction (whether temporary, preliminary, or final) may be sought in a court of competent jurisdiction against it upon the request of disclosing Party, without the requirement of posting a bond.

11. Disclaimer and Warranties

11.1. Optibus warrants and represents that, when used in accordance with these Terms and the Documentation: (a) the Platform does not infringe upon the intellectual property rights of any third party and (b) the Services will substantially conform to the Documentation. If the Services does not substantially conform to the Documentation, Optibus will, at its expense, use all reasonable commercial endeavors to correct any such non -conformance promptly, or provide you with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes your sole and exclusive remedy for any breach of the warranty set out above. The aforementioned warranty shall not apply to any problem caused by: (i) any modification or provision of the Services by anyone apart from Optibu s, without the prior written consent of Optibus; (ii) use of the Services not in accordance with the Documentation or other instructions provided by Optibus; (iii) use of the Services with hardware or software that does not meet the minimum requirements se t forth in the Documentation, and/or that has not been preapproved by Optibus; (iv) any computer virus or similar malicious code in the Services which is introduced into the Services by you, your Authorized Users or any other third party; or (v) any errors caused by you or users on your behalf and/or errors due to requests and/or specifications provided by you that are inconsistent with the Documentation, including problems caused by incorrect configuring or a failure to perform the required administrative obligations contained in the Documentation or instructions provided to you by Optibus.

11.2. EXCEPT FOR THE WARRANTIES SET FORTH ABOVE , YOU

UNDERSTAND AND AGREE THAT THE PLATFORM, DOCUMENTATION, AND THE SERVICES ARE PROVIDED BY OPTIBUS ON AN “AS IS” AND “AS AVA ILABLE”

BASIS, WITHOUT ANY OTHER WARRANTIES OF ANY KIND, EXPRESS OR

IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A

PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR RELIABILITY, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. WITHOUT DEROGA TING

FROM THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE THAT

OPTIBUS DOES NOT GUARANTEE THAT THE PLATFORM OR THE PERFORMANCE

OF THE SERVICES WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED,

WITHOUT ERROR, OR FREE OF ANY PROGRAM LIMITATIONS OR

11.3. FAILURES, OR THAT THE PLATFORM AND/OR ANY FEATURE AVAILABLE

THEREIN (WHETHER OR NOT CONFIGURABLE BY YOU) AND/OR ANY

INFORMATION OBTAINED BY YOU THROUGH THE USE OF THE PLATFORM

AND/OR SERVICES WILL MEET AND/OR PERFORM IN ACCORDANCE WITH YOUR

REQUIREMENTS, SPECIFI CATIONS, EXPECTATIONS, CONFIGURATIONS, OR

GOALS, OR THAT OPTIBUS WILL CORRECT ANY OR ALL PRODUCT ERRORS, DEFICIENCIES, OR NON-PERFORMANCES. YOU ACKNOWLEDGE THAT OPTIBUS

DOES NOT CONTROL THE TRANSFER OF DATA OVER TELECOMMUNICATIONS

INFRASTRUCTURE, INCLUDING THE INTERNET, AND THAT THE SERVICES MAY

BE SUBJECT TO LIMITATIONS, DELAYS, OR OTHER PROBLEMS INHERENT IN THE USE OF SUCH INFRASTRUCTURE AND TECHNOLOGIES. OPTIBUS IS NOT

RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

11.4. You acknowledge that the Platform will enable or assist you in accessing the website content of, correspond with, or use of the services of certain third -party websites/providers, and you do so solely at its own risk. Optibus makes no representation or commitment and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such third-party website, or any transactions completed, or any contract entered into by you, with any such third party. Any contract entered into and any transaction completed via any third-party website or service is between you and the relevant third party, and not Optibus.

Optibus recommends that you refer to the third party’s website terms and conditions and privacy policy prior to using the relevant third-party service.

12. Limitation of Liability

12.1. UNDER NO CIRCUMSTANCES WILL EITHER PARTY BE LIABLE FOR

INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING,

WITHOUT LIMITATION, FOR ANY LOST PROFIT OR LOSS RESULTING FROM

BUSINESS INTERRUPTION OR LOSS OF DATA, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES. EXCEPT IN

CASES OF GROSS NEGLIGENCE AND WILLFUL MISCONDUCT, IN NO EVENT WILL OPTIBUS’ AGGREGATE LIABILITY FOR ANY AND A LL CLAIMS, LOSSES, OR

DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OR ANY SERVICES (WHETHER IN CONTRACT, EQUITY, NEGLIGENCE, TORT, OR OTHERWISE)

EXCEED THE AGGREGATE FEES PAID BY YOU TO OPTIBUS UNDER THE RELEVANT SERVICE ORDER DURING THE TWELVE (12) M ONTH PERIOD

IMMEDIATELY PRECEDING THE DATE UPON WHICH THE APPLICABLE CAUSE OF ACTION ARISES. THE FOREGOING SHALL NOT LIMIT YOUR PAYMENT OBLIGATIONS UNDER THE SECTION 6 ABOVE.

13. Government Customers

13.1. Any United States federal, state, or local government cu stomers are subject to the Agency Amendment attached below, in addition to these Terms.

14. Term and Termination

14.1. The Services provided under these Terms shall commence on the Effective Date and shall be provided for the subscription period defined in the Service Order unless earlier terminated in accordance with these Terms (the “Term”).

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ITEM #____

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: René Bobadilla, P.E., City Manager
BY: Fire Chief Fernando Pelaez, Fire Department
SUBJECT: Approval to Submit Application for the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy (RMC) Wildfire Prevention Grant Program
DATE: August 1, 2022
RECOMMENDATION (S):

It is recommended that the City Council:
1) Approve the submission of the grant application for the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy (RMC) Wildfire Prevention Grant Program; and
2) Take such additional, related, action that may be desirable.

FISCAL IMPACT
The San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy (RMC) Non- Bond Priorities Grant Program currently has a funding opportunity to submit a competitive grant application for Wildfire Prevention. If a grant is awarded and once the amount is determined, staff will return to the City Council with a request to appropriate the funds.

BACKGROUND
On April 13, 2021, Governor Newsom signed into law the Wildfire Prevention and Resiliency Early Action Budget for Wildfire Prevention (SB 85), amending the Budget Act of 2020. This bill allots $536 million for the State of California to put toward preventative measures to increase fire-resilience and prevention, improve forest health, restore burned areas, and stimulate workforce development. The Budget Act of 2020 (Sec. 14 Item 3825- 15 CITY COUNCIL AGENDA REPORT – SPECIAL MEETING OF AUGUST 1, 2022 Approval to Submit Application for the for the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy (RMC) Wildfire Prevention Grant Program

102-0001) appropriated to RMC $12 million for wildfire prevention and resiliency projects within its jurisdiction.

The RMC was provided an additional $15 million through the State’s General Fund in the Wildfire and Forest Resilience package of the Budget Act of 2021 (Sec. 68 Item 3825 - 102-0001). In addition to wildfire prevention and resiliency projects, the funding is focused on supporting the goals of California’s Wildfire and Forest Resilience Action Plan. The City is interested in leveraging this grant opportunity to invest in prevention activities that build wildfire resilience such as fuel load maintenance, removal of high -fire risk invasive plants and restoration with native plants, fire prevention education and stewardship building in fire prone areas within the City, and preparation of community/region-wide fire protection or fire prevention plans.

DISCUSSION

Wildfires are part of California’s natural landscape; however, drought and climate change conditions have increased wildfire frequency, size, and severity in recent years, extending California’s Wildfire season. Historical fire perimeters within RMC’s territory show that many sections of the San Gabriel Mountains and foothills have burned re peatedly in the last few decades, with some sections having burned multiple times. Understanding the challenges brought by environmental changes to communities in the region, the RMC is prioritizing projects that strengthen the protection of communities an d build wildfire resilience.

The Fire Department is seeking to submit a grant proposal seeking funding that will be used towards building fire resiliency by implementing fire prevention activities in areas of the community that are at-risk of wildland fire. The additional funding would provide much needed financial resources to actively invest in proactive fire prevention activities that will support the Fire Department’s overall strategic goals in the area of fire prevention, fire - resilience, and protection of the community.

SUMMARY

That the City Council approve the submission of a grant proposal application for the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy (RMC) Non -Bond Priorities Grant Program. Should the City be successful in receiving the grant, subsequent City Council action will be presented to appropriate the grant funds.

ATTACHMENT (S):

A. Attachment A - NOFO RMC Non-Bond Priorities Grant Program

State of California - Natural Resources Agency
San Gabriel & Lower Los Angeles
Rivers and Mountains Conservancy
Non-Bond Priorities Program Guidelines

ATTACHMENT A

STATE OF CALIFORNIA
Rivers and Mountains Conservancy
RMC Non-Bond Priorities Program Guidelines 2022 – FINAL Inquiries and Contact Information
All inqui
ries, correspondence, and grant applications should be addressed to:

San Ga
briel & Lower Los Angeles Rivers and Mountains Conservancy (RMC) Grant Program
100 N Old San Gabriel Canyon Road
Azusa, CA 91702
Office Number (626) 815-1019
General Email [email protected]
Grant a
pplications are currently being accepted until all funding is expended or the call for projects is closed, whichever occurs first. Please see Section 2 for additional details. Projects must be fully vetted through the application process and approved by the RMC Governing Board prior to release of funds.

The regul
ar RMC Board meeting schedule convenes virtually on the third Monday of January, March, May, June, July, September, and November. Schedule and location are subject to change.

Guideli
nes and criteria are also subject to change at any time.

For more information regarding RMC, grants, board meetings, and other resources, please visit us at our website http://www.rmc.ca.gov. You can also find/follow us on Facebook and Instagram (@RiversMountainsConservancy).

STATE OF CALIFORNIA
Rivers and Mountains Conservancy
RMC Non-Bond Priorities Program Guidelines 2022 – FINAL Grant Program Guidelines Contents
SECTION 1 Introduction ............................................................................................................ 2

1.1 Background ...........................................................................................................2

1.2 Choosing the Right Program................................................................................. 2

SECTION
2 Non-Bond Priorities Funding & Objectives ............................................................... 4

2.1 Wildfire Prevention Grant Program ..................................................................... 4

2.2 Lower Los Angeles-Urban Streams and Rivers Program ...................................... 6

2.3 Climate Resilience Grant Program ..................................................................... ..7

SECTION
3 General Eligibility and Important Points ................................................................ 9

3.1 Eligible Applicants............................................................................................... 9

3.2 Eligible Project Costs and Tasks .......................................................................... 9

3.3 Ineligible Project Costs and Tasks ...................................................................... 10

3.4 Indirect/Overhead and Administrative Costs ..................................................... 10

3.5 Important Points and Other Considerations ...................................................... 10

3.6 Contract Policies with Disadvantaged Businesses a nd Individuals .................... 12

3.7 Conflict of Interest .............................................................................................. 12 SECTI
ON 4 RMC’s Objectives & Policies .................................................................................. 13

4.1 RMC’s Guiding Principles .................................................................................... 13

4.2 RMC’s Environmental Justice Policy ................................................................... 14

4.3 RMC’s Tribal Consultation Policy ........................................................................ 16 SECTI
ON 5 Application Process & Project Administration ....................................................... 17

5.1 Typical Application Process ................................................................................ 17

5.2 What to Submit .................................................................................................. 17

5.3 Evaluation Criteria .............................................................................................. 20

5.4 Grant Awards and Agreements .......................................................................... 21 SECTI
ON 6 Appendices ........................................................................................................... 24 Appendix A: Application ............................................................................................. 25 Appendix B: Useful Web Links.................................................................................... 29 Appendix C: Definitions .............................................................................................. 30

RMC Non-Bond Priorities Program Guidelines 2022 – FINAL SECTION 1 Introduction

1.1 Background
The San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy ( RMC) is one of ten conservancies within the Natural Resources Agency established in 1999 (Chapters 788 and 789, Statutes of 1999). A copy of its general provisions, powers and duties, and other guidelines can be found in Division 22.8 of the Public Resources Code §§ 32600-32622.

Our mission is to preserve open space and habitat in order to provide for low- impact recreation and educational uses, wildlife habitat restoration and protection, and watershed improvements within our jurisdictions. This work supports the public’s enjoyment and enhancement of recreational and educational experiences on public lands in a manner consistent with the protection of lands and resources in those watersheds.

RMC’s jurisdiction includes eastern Los Angeles County and western Orange County, comprised of the San Gabriel River Watershed and its tributaries, the Lower Los Angeles River Watershed and its tributaries, U pper Santa Clara River and its tributaries, northern slope of the Angeles National Forest, the San Gabriel Mountains National Monument, Puente Hills, and the San Jose Hills. There are sixty-eight cities (including portions of the cities of Los Angeles and South Pasadena) in our territory and twenty unincorporated communities. A full list of cities and more information about the physical geography of the greater Los Angeles area can be found at http://rmc.ca.gov/territory/
.

1.2 Choosing the Right Program
Since 2003,
the RMC awarded over 295 grants and interagency agreements, which invested at least $91 million of State funds toward creating open space, habitat restoration, expanding greenspace in disadvantaged communities, and protecting the watersheds of the Lower Los Angeles and San Gabriel Rivers. Currently, we have these grant programs:

1.2.1 Non-Bond Priorities Grant Program
• Wildf
ire Prevention Grant Program , including Senate Bill 85 Wildfire Prevention and Resiliency Early Action Plan (see Section 2)
• Lower
Los Angeles-Urban Streams and Rivers Program: Projects that improve the climate resiliency or the protection of the Los Angeles River Watershed or are consistent with the Lower Los Angeles River Revitalization Master Plan (see Section 2)
• Clima
te Resiliency Grant Program: Projects that promote climate resilience, wildfire prevention, community access, and natural resource protection (see Section 2)

RMC Non-Bond Priorities Program Guidelines 2022 – FINAL

1.2.2 Bond-Funded Grant Programs
Pleas
e visit the RMC Grants webpage at http://rmc.ca.gov/grants/ for additional information including the application process on the following programs.
• Prop
osition 1 Urban Creek ( Lower Los Angeles River) [WC § 79735(a)]: $50,000,000 for projects to fund ecosystems and watershed protection and restoration, water supply infrastructure projects, including surface and groundwater storage, and drinking water protection. Projects are specific to protecting and enhancing the Lower Los Angeles River.
• Prop
osition 68 River Parkways and Urban Streams [PRC § 80100(a)(1)(B)] : $37,500,000 for projects that protect or enhance the Lower Los Angeles River watershed and its tributaries pursuant to Section 79508 of the Water Code and Division 22.8 (commencing with Section 32600) and Division 23 (commencing with Section 33000)
• Prop
osition 1 and 68 (both Regionwide and Lower Los Angeles River) Small Grants Program : As a subset of RMC’s Prop osition 1 & 68 allocations, grants are between $50,000 and $300,000. Projects evaluated under Evaluation Criteria that receive an average score of 70 percent or better (as opposed to 80 percent or better for regular grant program) will be considered competitive. Priorities include jump-start projects and small design- build projects, project planning, technical assistance such as application assistance to disadvantaged communities, and securing matching funds • Propo
sition 1 and 68 (both Regionwide and Lower Los Angeles River) Very Small Grants Program: As a subset of RMC’s Prop 1 & 68 allocations, grants are less than $50,000, and has a more simplified application process compared to all other RMC programs. Projects evaluated under Evaluation Criteria that receive an average score of 75 percent or better will be considered competitive. Priorities include technical assistance such as application assistance to disadvantaged communities, project planning, gap/emergency and high-need project implementation, and securing matching funds • Propo
sition 68 Technical Assistance Program (TAP) : Pursuant to Section 8008(b)(1) of Proposition 68, up to 10% of the funds available may be allocated for technical assistance to disadvantaged communities. TAP supports local communities with application assistance with the goal of facilitating access to the Conservancy’s funding programs.

Many pro
grams or their funding sources are not “one size fits all” types. While there is some overlap between different grant programs, a project may score higher for one program than ano ther, and sometimes multiple sources would be most beneficial for a project. If you are unsure of which program is best for your project, please contact RMC for assistance.

Future gr
ant opportunities for the above programs may be funded through a similar legislative action, or another funding source. Please be sure to subscribe to RMC’s newsletter by visiting our website or social media to receive future updates.

Applic
ants should also visit the California Grants Portal at grants.ca.gov as well as the California Natural Resources Agency at resources.ca.gov to search additional funding opportunities.

RMC Non-Bond Priorities Program Guidelines 2022 – FINAL SECTION 2 Non-Bond Priorities Funding & Objectives

2.1 Wildfire Prevention Grant Program
Wild
fires are part of California’s natural landscape; however, drought and climate change conditions have increased wildfire frequency, size, and severity in recent years, extending California’s Wildfire season.

Historical fire perimeters within RMC’s territory show that many sections of the San Gabriel Mountains and foothills have burned repeatedly with in the last few decades, with some sections having burned multiple times. The 2020 fire season broke numerous records, including the largest wildfire in the State’s history. In Los Angeles County, the Bobcat Fire was recorded as the second largest wildfire on record and burned 116,000 acres of the San Gabriel Mountains and foothills. The Bobcat Fire damaged natural resources, threate ned property and infrastructure, impacted regional air quality, and caused the closure of regionally significant recreation areas during the COVID-19 pandemic.

On Apri
l 13, 2021, Governor Newsom signed into law the Wildfire Prevention and Resiliency Early Action Budget for Wildfire Prevention (SB 85), amending the Budget Act of 2020. This bill allots $536 million for the State of California to put toward preventative measures to increase fire -resilience and prevention, improve forest health, restore burned areas, and stimulate workforce development. The Budget Act of 2020 (Sec. 14 Item 3825-102-0001) appropriated to RMC $12 million for wildfire prevention and resiliency projects within its jurisdiction.

The RMC
was appropriated another $15 million through the General Fund in the Wildfire and Forest Resilience package of the Budget Act of 2021 (Sec. 68 Item 3825- 102-0001). In addition to wildfire prevention and resiliency projects, the funding is focused on supporting the goals of California’s Wildfire and Forest Resilience Action Plan: A Comprehensive Strategy.

2.1.1 Program Details and Priorities
The RMC
will be accepting proposals for projects on a rolling basis in the Mountains, Hills, and Foothills areas within its territory, particularly areas most at risk for wildland fires. Projects should address the risk or potential impact of wildfire to communities and forested landscapes, and consider wildfire resilience benefits including:
• Prote
ct and expand native forests/wildlands
• Support communities in increasing their resilience to wildfire and improving fire safety • Promote sustainable land use
• Promote investment in wildlands management and workforce development • Protect cultural resources vulnerable to wildfire
Fund
ing for projects will fall under three main categories:

1. San G
abriel Mountains and Foothills Fire Prevention Planning and Management: Projects under this category will serve mainly the San Gabriel Mountains and Foothills. Work may include invasive species management and fuel break maintenance in the Angeles National Forest, fuel modification of open spaces in foothill communities, or protection of tribal cultural resources from fire impacts.

RMC Non-Bond Priorities Program Guidelines 2022 – FINAL

2. Urban
Wildlands and Hills Fire Prevention Planning and Management: Projects under this category will serve mainly the San Jose, San Rafael, Montebello, Puente, Chino, and Coyote Hills, which are urban wildlife corridors surrounded by urban development. Work may include fire prevention planning, fuel load reduction, invasive species management, and maintenance of defensible space.

3. Fores
t Health: Fire Recovery, Response, Restoration, Education and Stewardship: Projects under this category will cover all regions in the Mountains, Hills, and Foothills. Work will improve forest health through a variety of actions with co -fire prevention benefits including native habitat revegetation, infrastructure improvements, and public stewardship building.

2.1.2 Project Duration
A proj
ect should have clearly defined goals and outcomes that can be achieved from half a year to two years.

Preference will be given to projects that can be implemented quickly and have completed environmental permitting. Additionally, preference will b e given to projects that leads to longer term resilience or more sustainable benefits.

BA 2020 funded Projects must be completed no later than March 3 1, 2025. RMC must receive final reimbursement requests (invoices) by April 30, 2025.

BA 2021 funded Projects must be completed no later than March 31, 2028. RMC must receive final reimbursement requests (invoices) by April 30, 2028. Please note grants from this appropriation may be vetted but not awarded before July 2022.

2.1.3 Project Examples
This gr
ant program addresses the Governor’s priorities for Wildfire Prevention and Resiliency, including those identified in the California’s Wildfire and Forest Resilience Action Plan: A Comprehensive Strategy. Projects that will support these priorities should have a special focus on the following:
• Remov
al of high-fire risk invasive plants and restoration with native plants • Understory clearing
• Fuel load maintenance
• Equipment to support wildfire reduction work
• Multi-benefit projects
• Landscape-Scale and High-Impact Projects
• Prescribed grazing
• Post-fire native habitat restoration
• Post-fire restoration of trails and recreation areas with co-fire prevention benefits • Fire prevention education and stewardship building
• Workforce development incorporating job skills training while preserving and protecting the environment, especially with youth living in disadvantaged communities • Preparation of community/region-wide fire protection or fire prevention plans • Projects developed through the California Department of Conservation’s Regional Forest and Fire Capacity Program

RMC Non-Bond Priorities Program Guidelines 2022 – FINAL

2.2 Lower Los Angeles-Urban Streams and Rivers Program
The RMC
was appropriated $10 million through General Fund in the Water and Drought Resilience Package of the Budget Act of 2021 (Sec. 67 Item 3825-101-0001) over three years to support immediate drought response and long- term water resilience. This includes funding to support drought response; drinking water, wastewater, and water supply reliability; water recycling and groundwater cleanup; flood management; restoration of natural areas and ecosystems; groundwater sustainability; water conveyance; and water and habitat improvement for environmental flows.

2.2.1 Program Details and Priorities
As ma
ndated by California State Assembly Bill 530, the Lower Los Angeles River Revitalization Plan (LLARRP) is intended to revitalize the Lower Los Angeles River encompassing one mile on each side of the 19- mile river from the City of Vernon to the City of Long Beach. The plan was developed through a watershed- based, equitable, community-driven process and it identified 155 potential multi-benefit projects that would improve community economics, health, and equity; the public realm; and water and the environment along and in the vicinity of the river. The Plan is incorporated into the Los Angeles River Master Plan Update.

The pro
gram will primarily focus on the Water and Environment Plan Element of the LLARRP. Its overarching goal is to conserve and restore natural river and watershed functions while managing flood risk, enhancing the long-term ecosystem services provided to surrounding communities, and mitigating climate changes and environmental impacts of urbanization on the LLAR, floodplains, and associated habitats. The Water and Environment Objectives are:
• Manage F
lood Risk: Protect life and property by managing flood risk and localized flooding issues and by prioritizing floodplain reclamation and green infrastructure when possible. • Enhance L
ocal Water Capture and Use: Maximize water resiliency and sustainability, including long- term regional supply augmentation and harvesting for local onsite uses. • Impr
ove Environmental Quality: Restore the recreational and ecological multi-benefits of the LLAR for surrounding communities, and to protect human health and the environment, by creating, expanding, and improving public open space , such as through the use of nature-based solutions to capture polluted runoff , improving access to open space and low impact recreation, remediat ing soil contamination, and improving air quality.
• Conse
rve, Enhance, and Restore Habitat Biodiversity, and Floodplain Functions: Restore or enhance biodiverse, climate -resilient, self -sustaining habitat (including native species both instream and complementary habitats on land outside the river levees) to add value to the riparian and other habitat already along the river corridor, as well as enhance the natural hydrological processes and support the floodplain reclamation necessary for long-term health of the watershed and the community.

2.2.2 Project Duration
A proj
ect should have clearly defined goals and outcomes that can be achieved from half a year to two years.

Preference will be given to projects that can be implemented quickly, have completed environmental permitting, or program funding is necessary to complete development or implementation (in accordance with program priorities) for any of the seven signature projects listed in the LLARRP.

RMC Non-Bond Priorities Program Guidelines 2022 – FINAL Projects must be completed no later than March 31, 2024. RMC must receive final reimbursement requests (invoices) by April 30, 2024.

2.2.3 Project Examples
Funding wi
ll be available for investments in nature-based solutions and projects for the climate resiliency or the protection of the Los Angeles River Watershed , or are consistent with the Lower Los Angeles River Revitalization Plan. Projects may include:
• Commun
ity and urban greening
• Grey-to-green development/implementation
• Water conservation or infiltration improvements
• Restoration of wetlands, riparian, and complementary habitats • Increase regional self-reliance and integrated water management across all levels of government • Expand water storage capacity and improve groundwater management • Stormwater Flooding and/or capture

2.3 Climate Resilience Grant Program
Climat
e policies and programs in California have cut carbon emissions, created jobs, catalyzed innovation, and spurred partnerships across the United States and around the world, all while prioritizing public health and equity. As California drives toward carbon neutrality, the state is committed to protecting people and nature from the impacts of climate change such as catastrophic wildfire, sea level rise, drought, extreme heat, and flooding. However, climate- related disasters are occurring at an increasing speed and scale and require additional strategic investments.

The RMC
was appropriated $11.1 million through General Fund in the Climate Resilience package of the Budget Act of 2021 (Sec. 69 Item 3825- 103-0001) over three years to support investments that address the cli mate risks within RMC’s jurisdictions, which ultimately contributes to the State’s overall promotion of climate resiliency. These funds will build community resilience and capacity where resources are most needed.

Investments will support multi-benefit and nature-based solutions, which includes funding to support climate change impacts on fish and wildlife, habitat restoration, and activities that accelerate climate smart management of California’s natural and working lands and help meet the State’s 2030 GHG reduction goals.

2.3.1 Program Details and Priorities
Funding wi
ll be available for projects that support or promote climate resilience, wildfire prevention, community access, and natural resource protection. Multi-benefit projects and nature -based solutions focused on resilient urban/non-urban forests and landscapes will be prioritized, such as:
• Protec
ting and accelerating conservation of natural lands to provide climate change adaption and resilience for habitats and natural resources within the RMC’s territory. • Restoring or enhancing habitat that have high carbon sequestration benefits. • Facilitating the reduction of GHG emissions.
• Increasing carbon sequestration using natural lands.
• Restoring and/or enhancing watershed ecosystems that have high carbon sequestration rates.

Reducing the effects of urban heat islands.

RMC Non-Bond Priorities Program Guidelines 2022 – FINAL • Create, expand, and/or improve public open space (natural landscapes and/or urban greenspaces), particularly in both disadvantaged and severely disadvantaged communities, to increase access to nature and low impact recreation for all communities
• Promoting healthy lifestyles and improving the environment, particularly in both disadvantaged and severely disadvantaged communities, providing additional social, economic, and environmental benefits.

2.3.2 Project Duration
A proj
ect should have clearly defined goals and outcomes that can be achieved from half a year to two years.

Preference will be given to projects that can be implemented quickly and have completed environmental permitting.

Projects must be completed no later than March 31, 202 4. RMC must receive final reimbursement requests (invoices) by April 30, 2024.

2.3.3 Project Examples
• Land ac
quisitions to project habitats that provide direct adaption or resilience to climate change for natural resources and wildfire, or provide connection to allow plants and animals to move in response to climate change
• Habitat and forest (urban and rural) restoration, such as coa stal wetlands, riparian habitat, and oak woodland habitat
• Create or expand urban canopy, urban reforestation, and/or urban greening • Connect nature to park-poor communities, both urban and rural • Habitat creation or linkage
• Increase access points and trails within existing natural areas including coastal areas and urban rivers • Workforce development incorporating job skills training while preserving and protecting the environment, especially with youth living in disadvantaged communities • Shrubland and chaparral restoration and management
• Green infrastructure mitigation measures for climate hazards • New or restoration of living shoreline for coastal erosion control or improving water quality • Projects that implement strategies found in Pathways to 30x30: Accelerating Conservation of California’s Nature. As part of Executive Order N -82-20, this init iative sets California on the path to conserving 30% of California’s lands and coastal waters by 2030

RMC Non-Bond Priorities Program Guidelines 2022 – FINAL SECTION 3 General Eligibility and Important Points

3.1 Eligible Applicants
Eligible applicants for projects located within the boundaries of the RMC are:
• State agencies
• Federal agencies
• Tribal entities recognized on the current US Federal Register or the Native American Heritage Commission as a California Native American tribe
• Local public agencies, including:
o City or county
o Water districts
o School districts
o Water districts
• Certified local conservation corps
• Non-profit organizations with a 501(c)(3) designation Joint Powers Authority (JPA) if at least one of the parties to the joint powers agreement qualifies as an eligible applicant Individuals and corporations are not eligible for this grant program; however, RMC encourages multiple partners or joint projects. As long as the lead agency is one of the above listed eligible applicants, applications will be accepted from joint projects with non-eligible agencies.

The State reserves the right to reject any application from an agency who is in violation of law or policy at any other public agency. Potential violations include, but are not limited to, being in default of performance requirements in other contracts or grant agreements issued by the State, being engaged in, or suspected of criminal conduct that poorly reflects or beings discredit to the State or failing to have all required licenses necessary to carry out the project.

The State further reserves the right to reject any application from an agency who has a history of performance issues with past grants or other agreements with any public entity, including the RMC.

3.2 Eligible Project Costs and Tasks
The follow
ing non-exhaustive list are uses eligible for reimbursement from RMC grant funds:
• Grant funds may be used for the acquisition, development, rehabilitation, restoration, and protection of land and water resources.
• Land acquisition costs may include appraisals, land, improvements, relocation costs, title reports, surveying, and escrow.
• Land must be acquired from willing sellers (acquisitions). • Facilities development projects must demonstrate a strong relationship and value to natural resource stewardship or environmental education.
• Rehabilitation and restoration projects must be biologically and technically feasible. • For implementation projects, planning and pre-project costs may be included, though shall not exceed ten percent (20%) of total Grant Funds. These costs may include consultant fees, plan documentation, specifications, CEQA planning, and direct project management costs.

RMC Non-Bond Priorities Program Guidelines 2022 – FINAL

3.3 Ineligible Project Costs and Tasks
The following non-exhaustive list are uses not eligible for reimbursement from RMC grant funds:
• Operations and Maintenance related costs.
• Projects that are located on school properties and not open to the general public or designed solely for school students, unless part of a multi-use project which allows for access from the general public. • Playground equipment and/or infrastructure such as swing sets and skate parks. • Facilities that do not have an environmental education focus or theme, such as basketball courts and soccer fields. Multi-use projects may include these elements, but this program will not fund planning or development of such facilities.
• Projects that cause erosion or contribute to flooding. • Costs associated with fundraising.
• Food, entertainment, refreshments, and expenses that exceed current State/Federal mileage reimbursement rates.
• BMP (Best Management Practices) directed projects that lack an improved habitat, low impact public recreation access, or environmental education components. • Removal of trees, invasive plants, or other landscaping on private property • Projects that exclusively fulfill other mitigation requirements. • Purchase of capital equipment without first demonstrating how the equipment will be utilized • Monetary donations to other organizations, speaker/presentation stipends, or subgrants • Research, education, outreach, or event -related projects, although these type s of activities may be included as a small part of the overall implementation of a project eligible for RMC grant funds. • Grant writing expenses

3.4 Indirect/Overhead and Administrative Costs
Indirec
t/Overhead costs is also known as indirect costs, administrative costs, overhead, or administrative overhead. Indirect and Overhead expenses are allowed, though shall not exceed ten percent (10%) of total RMC grant award, minus equipment costs. Metho dology of indirect costs calculation and types of expenses (i.e., administrative support, rent, utilities, phone, copying, office supplies) must be retained by the grantee for audit purposes, and may be requested by State at any time. A typical method for documentation of administrative overhead expense is a Cost Allocation Plan (CAP).

It is
the responsibility of the Grantees to keep documentation for all indirect costs. For all indirect costs claimed, Grantees must keep backup documents in audit -ready files. Typical backup documents include, but are not limited to timesheets, utility , and rent bills. If a Grantee seeks to recover indirect costs fro m any grant, this item should be included as a line item in the approved project budget. Any cost that is billed as a direct cost may not be included in indirect cost rates.

Proj
ects that have lower overhead will be deemed more competitive.

3.5 Important Points and Other Considerations
Consi
stency with these policies is an essential element of the grant agreement required for execution by all successful project applicants. All project applicants will be required to submit a Project Development Plan which contains information on how the project will conform to these policies for approval by the RMC prior to

RMC Non-Bond Priorities Program Guidelines 2022 – FINAL commencement of the project. Applicants should also consider the following when applying and if approved, during implementation of the project:
• Proj
ect is consistent with the purposes and requirements of the funding source and program • Project is consistent with RMC’s enabling legislation (Public Resources Code, Division 22.8) , Common Ground, its Environmental Justice and Tribal Consultation Policies (see Section 4), and existing and adopted river and flood control projects/plans
• Each project must include information that addresses RMC Project Evaluation Criteria (see Appendix B) • Grants shall be paid on a reimbursement basis
• The Grantee shall provide for public access and low-impact recreation, unless it is specifically prohibited or not ecologically or biologically feasible
• Projects should have an education element and habitat component • Projects that have multiple benefits will be considered more competitive • To identify an important community need, RMC recommends that applicants directly engage local residents and community-based groups
• The applicant has the ability to administer the funds c onduct to the project in a manner that will meet the State’s requirements and will protect the gra ntee from potential financial or legal risk. If the applicant does not have the capacity, they have partnered with a fiscal sponsor that will provide them the needed administrative support.
• The applicant has or will have the legal right to carry out the project on the land on which the project is proposed
• The applicant has a plan for the long-term management, maintenance, and monitoring of the project. A Monitoring and Assessment Plan will be required as part of the application process. The scope of the Plan will vary depending on the nature of the project.
• All real property shall be acquired from a willing seller and in compliance with current State laws governing Relocation and Acquisition of real property by public agencies. Appraisals will be subject to prior approval of fair market value by the California Department of General Services. • Unless an exemption applies to the project or to the work being funded, such as the exempt ion for feasibility or planning studies, the required CEQA documentation must be complete prior to grant approval. If RMC funds will be used for the CEQA process and the Grantee has made a full-faith effort to complete CEQA but is unable to complete CEQA or otherwise proceed with the Project due to issues related to the CEQA process, costs incurred by the Grantee that are directly related to the CEQA process can be applied up to the limit of 20 percent of the total original grant. • If the project is subject to the National Environmental Policy Act (NEPA), it must be in compliance at the time the RMC Governing Board authorizes a grant.
• Grantee shall comply with all applicable laws and policies. • All information contained in the grant applications is confidential until the grant awards are announced.

After that time, all applications will become public information. • Grantees must sign an agreement with RMC before funds can be disbursed. • Grantee shall post signs acknowledging the source of funds pursuant to guidelines established for this grant Program.
• RMC will determine when reports will be required by the grantee, including progress, financial, and monitoring and assessment reports.
• Projects with one or more partners will be deemed more competitive. • If this project is funded in whole or in part with funds from the “Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006” (“Proposition 84”), Section 75075 of the Public Resources Code applies, which imposes on a body awarding any contract for a public works project

RMC Non-Bond Priorities Program Guidelines 2022 – FINAL financed in any part with Proposition 84 funds responsibility for adoption and enforcement of a “labor compliance program” under Labor Code Section 1771.5(b). • Although matching funds or services are not required, priority shall be given to projects that include a commitment for a matching contribution. Matching funds may include prior project planning, operations and maintenance, volunteer support, and ongoing monitoring and assessment. Contributions may be in the form of money, property, or services and must be verifiable.

3.6 Contract Policies with Disadvantaged Businesses and Individuals The RMC
is committed to supporting disadvantaged businesses and individuals – including Small Business (SB), disabled veteran business enterprise (DVBE), and businesses owned by women and/or minority. From the COVID-19 pandemic to a resulting economic recession, the RMC understands the inequities and challenges disadvantaged business and individuals are facing. The RMC advocates these businesses because:
• There
are 4.2 million small businesses in California
• 99.8% of California businesses are small and employ 48.2% of California’s employees • California has the highest number of veterans of any state in the US with over 1.6 veteran residents • For every $100 spent at a small business, about $68 stays in California • There are more than 244,000 local small businesses in Los Angeles County and nearly 1.2 million sole proprietors
o They account for 43% of the local workforce
o LA County has more minority- and women-owned businesses than any other in the nation • Small business ar e the economic engine of California’s and Los Angeles County’s economy.

Contracting and procuring goods and services from small businesses creates and sustains jobs that strengthen our economy
In an ef
fort to increase outreach and contracting opportunities for these businesses, the RMC requires grant applicants to adopt and implement contract policies for the purpose of increasing outreach and advertising to disadvantaged business and individuals. This is not intended to create barriers to participation by potential grantees with limited sources. As such, RMC will work with applicants to comply with the requirement in a manner that most appropriately fits each applicant’s need.

Notes
: Statistics were acquired from the US Small Business Administration’s Office of Advocacy, County of Los Angeles’s Business Office, and Department of General Services SB/DVBE Advocate.

3.7 Conflict of Interest
All participants are subject to F ederal and State conflict of interest laws . Failure to comply with these laws, including business and financial disclosure provisions, will result in the application being rejected and any subsequent contract being declared void. Other legal action may also be taken. Accordingly, before submitting an application, applicants are urged to seek legal counsel regarding potential conflict of interest concerns that they may have and requirements for disclosure. Applicable statutes include, but are not lim ited to, Government Code Section 1090, and Public Contract Code Sections 10410 and 10411 for State conflict of interest requirements.

Applicants should note that by submitting an application, they waive their rights to the confidentiality of that application. RMC staff will review each application. Once the application is signed and submitted to RMC any privacy rights as well as other confidentiality protections afforded by law will be waived.

RMC Non-Bond Priorities Program Guidelines 2022 – FINAL SECTION 4 RMC’s Objectives & Policies

4.1 RMC’s Guiding Principles
The ov
erall policy guidelines for the RMC are found in two primary references: the statute which created the RMC, Public Resources Code Section 32600, and Common Ground, from the Mountains to the Sea, the watershed and open space plan for the Los Angeles and San Gabriel River watersheds which was adopted by the RMC and further identifies the policies of the agency. Common Ground is currently being updated. These and other relevant plans can be found at http://rmc.ca.gov/resources/.

Furthe
r, RMC is committed to promoting projects which meet multiple objectives such as, providing water quality protection through storm water best management practices on urban land which creates new open space with passive recreation elements and educational/interpretive elements. The RMC further promotes project partnerships which increase stakeholder involvement and commitment, and projects that bundle multiple funding sources which increase project resources.

GIS pla
nning tools developed by the Green Visions Plan, or similar mapping efforts may be used by applicants to identify projects which are likely to meet RMC funding criteria and policy objectives and will be used by RMC staff to evaluate and validate information submitted on some projects.

Cal-Adapt, a program by the
developed by the Geospatial Innovation Facility at the University of California, Berkeley with funding and advisory oversight by the California Energy Commission and the California Strategic Growth Council, offers free public access to peer-reviewed data that support exploration of California’s climate change impacts on state infrastructure, communities, and natural resources, including stream flow charts, extended drought scenarios, and local climate change snapshots.

The RM
C’s Common Ground objectives and the types of projects supported by this grant program are as follow:
• Proj
ects must promote the RMC’s statutory programs and purposes as stated in Division 22.8. of the Public Resources Code 32600-32621
• Projects must be consistent with the purposes of the funding source • Projects must promote and implement the State’s Water Plans and Policies • Create, expand, and/or improve public open space throughout the region by improving water quality supply, create, enhance or improve a reliable water supply and/or restore an important species and habitat
• Improve access to open space and low impact recreation for all communities and promote healthy lifestyles
• Improve habitat quality, quantity, and connectivity through creation, enhancement, preservation, and restoration
• Connect open space with a network of trails, accessible as appropriate to the site • Promote stewardship of the landscape via stakeholder involvement and long-term maintenance (long- term means for a period not less than 20 years)
• Encourage sustainable growth that balances environmental, social, and economic benefits • Maintain and improve flood protection through natural and non- structural systems and ecosystem restoration
• Establish riverfront greenways to cleanse water, hold floodwaters, and extend open space

RMC Non-Bond Priorities Program Guidelines 2022 – FINAL • Optimize water resources by improving the quality of surface and ground water and enhance ground water recharge, to reduce dependence on imported water
• Coordinate watershed planning across jurisdictions and boundaries • Encourage multi-jurisdictional and multi-beneficial planning and implementation projects • Involve the public through education and outreach programs • Projects will utilize the best available science to inform decisions regarding, state and local water resource. In addition, special consideration will be given to projects that employ new or innovative technology or practices, including decision support tools that support the integration of multiple jurisdictions, including, but not limited to, water supply, flood control, land use, and sanitation.

The RMC
Board has established policies and project evaluation criteria derived from the above objectives.

The major elements of the project evaluation criteria are as follows:
• Urban L
and
• Recreation
• Stakeholders / Partners
• Educational / Interpretive
• Sustainability
• Public Health
• Access
• Water Resources and Quality
• Habitat
• Restoration
• Trails / Bikeways
• Cultural or Historic Resource
• Stewardship and Management Plan

4.2 RMC’s Environmental Justice Policy
Projects must be consistent with the RMC’s Environmental Justice Policy. It is the policy of the RMC that the fair treatment of people of all races, cultures and income shall be fully considered during the planning, decision- making, development and implementation of all RMC programs, policies, and activities. The intent of this policy is to ensure that the public within the RMC catchment area including minority and low -income populations are not discriminated against, treated unfairly, or caused to experience disproportionately high and adverse human health or environmental effects from environmental and land-use decisions, and children and their families have access to safe open space and healthy neighborhoods.

The RMC adopted the following key principles:

1. Make
environmental justice considerations a standard in the way we do business. We will keep an environmental justice perspective in our programs, activities, and training, as we set priorities, identify program gaps, and assess the benefits and adverse impacts our programs have on communities in our catchment area.

2. Work with local elected officials, staff of cities, and community groups, to address concerns about lack of access to safe open space, especially in low-income and minority communities.

RMC Non-Bond Priorities Program Guidelines 2022 – FINAL

3. Review and evaluate RMC programs and activities to ensure that the environmental justice perspective through its programs does not contain any substantive gaps.

4. Devel
op and incorporate an environmental justice program element into our employee -training curriculum.

5. Annuall
y provide a staff briefing to the Board at a public meeting regarding ongoing and planned activities. Issue a written annual status report identifying action items accomplished and a proposed work plan outlining the action items for the next year . The work plan shall include quantitative goals for working in disadvantaged communities and populations adversely impacted by industrial and transportation proximities.

6. Stre
ngthen our public outreach, education, and organizing efforts in all communities, especially low - income communities and where we see a need for the implementation.

7. Identif
y partners within land- use and transportation agencies that are responsible for the environmental benefits or adverse impacts in our neighborhoods and address potential mitigation activities.

8. Work wi
th cities, County of Los Angeles, and community groups in identifying relevant populations living in close proximity to industrial and transportation locations that may benefit from RMC programs and activities.

9. Taki
ng a proactive role in working with cities in adopting and/or updating their General Plans to implement environmental justice policies.

10. Work
in conjunction with other federal, state, regional, and local agencies to ensure consideration of disproportionate impacts on relevant populations and create action-oriented mitigation plans.

11. Fost
ering broad access to existing and proposed data sets and technology to better identify, analyze, and respond to environmental justice issues.

RMC commits to integrating environmental justice principles into its programs and plans and will continue to improve our outreach efforts in all communities of our catchment area, ensuring that everyone has an opportunity to participate fully in the development and implementation of our programs. As an oversight agency we will work closely with local cities and County of Los Angeles, and other stakeholders to jointly develop environmental justice awareness so that it is in line with our funding grant programs for project design and development. Our commitment is to take consideration of nei ghborhoods where people encounter environmental pressures given their close proximity to industrial and transportation zones, as well as incompatible land uses. The RMC’s goal is to ensure that the populations in our area, especially children and families, are empowered to play a role in creating a healthful environment.

RMC Non-Bond Priorities Program Guidelines 2022 – FINAL

4.3 RMC’s Tribal Consultation Policy
On September 19, 2011, Governor G. Brown, Jr. issued Executive Order B-10-11, which provides, among other things, that it is the policy of administration that every state agency and Department subject to executive control to implement effective government-to-government consultation with California Indian Tribes. On July 24, 2017, the RMC Governing Board approved a Tribal Consultation Policy consistent with the approved policy adopted by the California Natural Resources Agency.

Additionally, Assembly Bill No. 52 (AB52) specifies that projects with an effect that may cause a substantial adverse change in the significance of a tribal cultural resource is a project that may have a significant effect on the environment. With regards to CEQA, the bill requires a lead agency to begin consultation with a California Native American Tribe that is traditionally and culturally affiliated with the geographic area of the proposed project, if the tribe requested to the lead agency, in writing, to be informed by the lead agency of propose d projects in that geographic area and the tribe requests consultation, prior to determining whether a negative declaration, mitigated negative declaration, or environmental impact report is required for a project.

RMC Non-Bond Priorities Program Guidelines 2022 – FINAL SECTION 5 Application Process & Project Administration

5.1 Typical Application Process
Submit
completed application package and all supporting documentation. Incomplete applications will not be automatically disqualified, but applicants should take every effort to ensure their application as complete as possible prior to submission.

Comp
lete applications that have passed the initial selection will be reviewed and scored. All grant applications will be scored in accordance with the Project Evaluation Criteria. Grant applications that receive an average score of seventy percent ( 70%) or better will be considered the most competitive for a funding recommendation. RMC staff will determine if funding is available and if due diligence is completed, RMC staff will subsequently recommend to the RMC Governing Board for grant award.

If proj
ects do not meet these minimum administrative thresholds for grant award, they will be assigned a Tier and placed in a queue which will be regularly reviewed and considered for award against subsequent applications that also did not meet the minimum threshold. During this time, project proponents are provided the opportunity to receive higher scores based on additional information provided through staff interviews and documentation that demonstrate an alignment with RMC goals and objectives, and granting of funds is consistent with RMC programs. This extended consideration process will ensure that the most competitive projects are recommended for funding and prioritization is not based on proposal submittal date.

While
completing applications and determine timelines, please review the RMC’s board schedule as projects must be approved by the RMC Governing Board prior to start of the grant performance start date. Grant performance start dates should be at least thirty (30) days after the date of the Board’s authorization of the grant. If there are any issues with this timeline, please discuss with your RMC project manager.

Beca
use both bond and general funds have liquidation dates (also known as sunset or reversion dates), time is of the essence.

5.2 What to Submit
A complete application package will consist of one (1) complete digital copy of the required materials emailed to [email protected], with the Program Name and Project Name in the subject email line. A digital signature must be included on the Application Form via an online document signing application ( i.e., DocuSign).

Applicants shall provide the electronic format in PDF and provide an online cloud storage link (i.e., Dropbox or Google Drive), if the attachment(s) exceeds 25 MB for email delivery.

The following materials are required for a complete application (some submittal requirements may not be applicable to all applications):

5.2.1 Grant Application Form (Refer to Appendix A) – this Form acts as a Cover Page to the full application package

RMC Non-Bond Priorities Program Guidelines 2022 – FINAL

5.2.2 Supporting Documents
Information required for the Application is proposed to include:

1. Proj
ect Description : Description should not exceed seven pages, single -spaced, 11- point font minimum. Please quantify the project’s goals and expected outcomes and identify the major ta sks involved in the project. If possible, consider including the following :
a. Complete Project Description: for acquisition projects include APN, acreage, and purpose for acquisition; for planning and implementation include specific tasks and deliverables. b. Statement of Need for the Proposed Project: a summary of the needs for the project and how the project meets the RMC’s policies and project evaluation criteria. c. Description of audience and geographic area served: provide a summary of the communities, cities, and populations that will be served once the project is completed. d. Description of Goals and Objectives: the goals and objectives should clearly define measurable and outcome-oriented goals and objectives for the project, performance measures to track progress toward objectives, and a reporting system to present the analysis of performance measures against the deliverables and tasks.
e. Community Outreac h: how will the community be involved in the project design and implementation, include how the project is consistent with the RMC Environmental Justice Policy and RMC Tribal Consultation Policy (include specific plans for community outreach, education, community involvement).
f. Monitoring and Assessment Plan: the monitoring and assessment plan should include the tracking of the progress of the measurable goals and objectives of the project during as well as after the project is completed. Outline of a monitoring and assessment plan should include measurable and quantifiable targets for a planning and implementation project. The RMC is interested in measuring the progress of each of its activities in achieving results or outcomes .

Hence, the focus of each project evaluation must be on outcomes, defined as the project results or impact on users and society . Output and other measures are important, but the focus should be on results. The project, whether it is acquisition, planning or implementation, must result in a clear, demonstrable, and enduring public benefit. g. Organizational capacity : include a brief history of your organization and the ability to fully complete and maintain the project long-term.

2. Calif
ornia Conservation Corps: Applicants applying for funds to complete restoration and ecosystem protection projects are strongly encouraged to consult with representatives of the California Conservation Corp (CCC) and the California Association of Local Conservation Corps (CALCC), the entity representing the certified CCC, to determine the feasibility of the CCC in completing the proposed project (Public Resource Code 80016).

3. Certif
ied Youth Employment Plan: If not utilizing the CCCs, Applicants are encouraged to include the organization’s capacity to develop, manage and implement a training program for young adults in the environmental discipline that leads to permanent employment in the green industry (maximum one page).

RMC Non-Bond Priorities Program Guidelines 2022 – FINAL

4. Tasklist and Timeline : The tasklist should include a detailed description of each task and should include tasks for evaluation, monitoring, and assessment. An example of a tasklist can be found on the RMC website at http://www.rmc.ca.gov/.

5. Budge
t: The budget will include any matching funds that may be used for the project. Please also identify any other grants for which you have applied for this project (include amount, potential funding agency, and contact). See the RMC website for an example of a project budget at http://www.rmc.ca.gov/. Applicants should endeavor to submit a budget in the format presented in the example on the RMC website.

6. Reso
lution: The applicant’s governing body certifies that their governing board gives the authorized signatory the authority to apply, receive and manage the project.

7. Envi
ronmental Compliance: Identify the status of the environmental assessment. This information may include a notice of exemption filed with the county clerk, an initial study, or a brief description of how the applicant will comply with CEQA/NEPA once the grants are awarded.

8. Permi
ts, Easements, or Certifications: Identify status of all permits related to the proposed project for implementation of the project and/or brief description of how applicant will obtain all permits (plan/schedule).

9. Opera
tion and Maintenance: The applicant must demonstrate, specifically for development projects an outline of how the project will address future operations and maintenance needs (no more than one page).

10. Agree
ments: The applicant must include proof of ownership and compliance with Land Tenure Requirements, or the applicant must demonstrate movement to secure land tenure through a willing seller letter, memorandum of agreement, or other binding agreements in place.

5.2.3 Other Requirements and Attachments

1. Desig
n/Construction Documents and/or Project Site Photographs : Digital format is preferred and may be sent through email or via an online cloud storage link, and each photograph should be saved as a separate file [no more than six (6) photographs, not larger than 8 ½” by 11”].

2. Form
STD 204 Payee Data Re cord: The purpose of the STD 204 form is to obtain payee information for income tax reporting and to ensure tax compliance with federal and state law. It is required for any non- governmental entity or individual entering into a transaction that may lead to a payment from the state. Therefore, a completed, dated, and signed STD 204 with handwritten or electronic signature must be submitted with the application. The form may be found on our website or https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf .
a. Form
STD 205 Payee Data Record Supplement: This form is optional. This form is used to provide remittance address information if different than the business/mailing address on the STD 204. The form may be found on our website or
https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std205.pdf.

RMC Non-Bond Priorities Program Guidelines 2022 – FINAL

3. Non-profit: If applicable, provide proof of non-profit status (Copy of IRS Determination Letter)

4. Lett
ers of Support : The applicant is required a minimum of three support letters to fulfill this requirement, but additional support letters may be included.

5.3 Evaluation Criteria
Proj
ect applications will not move forward with recommendation to RMC staff until the following criteria have been addressed to the satisfaction of RMC and the project proponent:

1. Alignm
ent with funding and program goals and related state priorities – The degree to which a project aligns with:
a. Grant Program Priorities
b. RMC and State priorities and policies previously addressed in these guidelines c. Other local, regional, or State, or Federal plans

2. Project Design and Budget
a. Purpose, goals, and deliverables are clearly defined b. Directly benefit disadvantaged or severely disadvantaged communities (DAC or SDAC, respectively)
c. Protects or enhances natural resources
d. Multiple benefits are identified and quantified
e. If it is a planning project, project is prepared for all needed elements for the future implementation of the project, including a st rategy for obtaining necessary approvals and funding
f. Budget is reasonable, with costs clearly defined and supported g. Leverage private, federal, or local funding or in-kind sources; matching funds are identified and secured

3. Project Timeline – The degree to which the project is ready to proceed promptly and can be completed before funding reversion dates
a. CEQA/NEPA requirements are complete or near completion b. Access is secured, permitting, and other necessary preparations are complete as appropriate c. Tasklist and timeline are reasonable and conducive to the budget, tasklist, and proactive spending of the program funds

4. Long-Term Management and Likelihood of Success
a. Monitoring and assessment plan is reasonable and approached methodically b. Public benefits are sustainable that balances environmental, social, and economic benefits c. Project is resilient to or able to adapt to excepted climate change impacts including wildfire, flood, and drought

5. Workforce Development, Collaboration, and Outreach – The degree to which the project has public support, collaboration, and outreach efforts with varying levels of the community, such as:
a. Involving California Native A merican tribes – applicant has communicated, consulted, or engaged with tribes who are traditionally and culturally affiliated to the project area as early as possible in project development
b. Includes a workforce development effort, including but not limited to California Conservation Corps
c. Project is reflective of the needs and desires of the local community, residents, and non-profit organizations

RMC Non-Bond Priorities Program Guidelines 2022 – FINAL d. Community engagement is meaningful and maximizes its outreach, including making outreach materials available in multiple languages and easily accessible e. Employs a collaborative approach in project development or implementation

5.4 Grant Awards and Agreements
For e
ach awarded grant, the RMC develops an individual grant agreement with detailed provisions and requirements specific to that project. Please be aware that if an entity is awarded a grant from the RMC , the provisions listed below will apply.

5.4.1 Payments of Grant Funds
A complete reimbursement request must include the following forms, all of which are available at our website and instructions at http://rmc.ca.gov/payment-requests/:
• Exhibit J – Payment Request Form with signature and date. • Exhibit K – Project Costs Summary Form
• Exhibit L – Labor Costs Summary Form (if any labor/staff time were expended during the reporting period) o Supporting documentation may include but not limited to time sheets, cost allocation plan, a nd proof of payment to employee (i.e., payroll report).
• Exhibit M – Equipment Costs Summary Form (if any equipment purchases and/or rentals were made during the reporting period)
o Supporting documentation may include but not limited to invoices and proof of payment (i.e., cancelled check, credit card receipt).
• Exhibit N – Services and Materials Costs Summary Form (if any services, consultants, or purchases were made during the reporting period)
o Supporting documentation may include but not limited to invoices, purchase orders, contracts, and proof of payment (i.e., cancelled check, credit card receipt) • Exhibit O Report of Alternative Funding Expenditures Form. If no expenditures were made from outside/matching funding sources, this form must still be submitted with a “zero” value, • Updated Exhibit P Progress Report
• Updated Exhibit Q Expenditure Projection Report
Disbursements of grant funds will be made incrementally, as separate components of the Project are satisfactorily completed.

Payme
nts shall be on the basis of actual costs incurred, less 10 percent to be withheld from all invoiced amounts.

Request
s for reimbursement are preferred on a quarterly basis but may be made as frequently as monthly.

Requests must include documentation that demonstrates that costs have been incurred and an itemized description of all work done for which reimbursement is requested. Payment requests should clearly identify the specific elements of the work plan to which they pertain.

Grant
ees should allow up to forty-five (45) days to receive payment after submitting a complete payment request package. Payment requests with issues ( i.e., unsupported expenses, missing timesheets) will delay payment. Any request that is submitted without supporting documents will not be approved for payment.

RMC Non-Bond Priorities Program Guidelines 2022 – FINAL

5.4.2 Monitoring
Perf
ormance measures should be used to track progress toward project goals and desired outcomes. These indicators provide a means of reliably measuring and reporting the outcomes and effectiveness of a project, and how the project contributes to RMC and the State achieving its program goals. Grantees should provide quantitative performance measures including, but not limited to: number of trees planted, number of trail miles created or restored, number of people reached during community and outreach efforts, the number and type of jobs created, amount of GHG reductions.

Grant
ee ensures that the agreement requirements are met and communicated to the RMC through completion of biannual monitoring report, which is composed of two documents - Exhibit P – Project Progress Report and Exhibit Q – Expenditure Projection Report - submitted to the State in accordance with the Work Plan and through regular communication with the State adhering to the following schedule:
• 1st Biannual October 1 - March 31 Due April 30
• 2nd Biannual April 1 - September 30 Due October 30
The St
ate reserves the right to require reports more frequently than on a biannual basis, if necessary, including monthly or quarterly. Exhibits P and Q may be found at http://rmc.ca.gov/grants/.

5.4.3 Records Retention and Audit
All pr
ojects funded by the RMC are subject to audit by the State of California annually and for three (3) years following the final payment of grant funds. If the project is selected for audit, advance notice will be given.

The audit shall include all books, papers, accounts, documents, or other records of the grantee, as they relate to the project for which the funds were granted. All project expenditure documentation should be available for an audit whether paid with grant funds or other funds.

The gra
ntee must have the project records, including the source documents and evidence of payment, readily available, and provide an employee with knowledge of the project to assist the auditor. The grantee must provide a copy of any document, paper, record, etc., requested by the auditor.

Addit
ionally, grantees must include planning, monitoring, and reporting necessary to ensure successful implementation of the project objectives and have documentation available for State review upon request and through annual monitoring reports. After the end of a grant, the grantee will submit annual monitoring reports for a minimum of ten years (for partially or fully bond- funded grants, for the life of the bond or 30 years, whichever is later).

The gra
ntee agrees to use generally accepted accounting principles (GAAP) and therefore, must maintain an accounting system that:
• Accurately reflects fiscal transactions, with the necessary controls and safeguards • Provides a good audit trail, including original source documents such as purchase orders, receipts, progress payments, invoices, employee paystubs and timecards, evidence of payment, etc. • Provides accounting data so the total cost of each individual project can be readily determined Recor
ds must be retained for a period of three (3) years after final payment is made by the State. Grantee must retain all project records for at least one (1) year following an audit or final disputed audit findings, whichever is later.

RMC Non-Bond Priorities Program Guidelines 2022 – FINAL

5.4.4 Changes to Project Scope, Budget, and/or Timeline A Grantee wishing to change the scope of an approved project shall submit the proposed change in writing with all documentation clearly supporting the change, including an updated Budget and Tasklist. The changes must be provided to the RMC and no later than sixty (60) days prior to the performance end date. Any change must be consistent with this grant program and guidelines, including Common Ground.

Additionally, the project may need to be re-scored and/or returned to the RMC Governing Board for approval.

Major changes to the project scope, budget, timeline, or any other project element may deem the project ineligible for funding under this program. The Grantee is expected to complete the project according to the time identified in their project timeline.

5.4.5 Project Withdrawal
If a Grantee wishes to withdraw a Project, Grantee shall notify RMC in writing. In the event an approved project cannot be completed. If the CEQA/NEPA work is done after the grant has been awarded, and the determination is an impediment to completing the project, RMC will reimburse the applicant for costs expended up to 20 percent of the total grant as outlined above.

Grantee will immediately notify the RMC of its inability to complete a project according to the Grant Agreement. RMC reserves the right to terminate a grant if a Grantee cannot complete the project, is not submitting the required progress reports, advance reconciliations, or other grant documentation on a timely basis, does not have the organizational capacity to carry out the deliverables of the grant, change in scope of the project is significantly different from original project description, has financial hardships (i.e.; bankruptcy, fiscal insolvency or mismanagement), legal matters, and/or cannot complete the grant as agreed upon, and/or bond funds are at risk of reverting.

RMC Non-Bond Priorities Program Guidelines 2022 – FINAL SECTION 6 Appendices
The appendi
ces listed below are included in this report on the following pages:

Appendix A: Application ....................................................................................................... 25 Appendix B: Useful Web Links .............................................................................................. 29 Appendix C: Definitions ........................................................................................................ 30

RMC Non-Bond Priorities Program Guidelines 2022 – FINAL Appendix A: Application
The application follows this page. A copy PDF and Word version of the application is available for download at www.rmc.ca.gov.

RMC NON-BOND PRIORITIES GRANT PROGRAM

GRANT APPLICATION FORM
Please select program for which you are applying (choose only one per application/project)

☐ Wildfire Prevention Grant Program ☐ Lower Los Angeles-Urba n Streams and Rivers Program ☐ Climate Resilience Grant Program

1. APPLICANT INFORMATION:

Name of Agency
Applicant Name & Title
Agency’s Full Address
Applicant’s Phone No. Applicant’s Email
Name & Title of Person Authorized to Execute Agreements (if different from applicant)

2. PROJECT INFORMATION:

PROJECT NAME
Address County(ies)
City Council District(s) County Supervisor District(s)
State Senate District(s) State Assembly District(s)
Congressional District(s) Parcel No(s)
Lat/Long: Located in DAC? ☐ Yes ☐ No Serves a DAC(s)? ☐ Yes ☐ No

3. BRIEF PROJECT DESCRIPTION: In 2-3 paragraphs, describe the proposed project. Please quantify the project’s goals and expected outcomes. Identify the major tasks involved in the project. Attach a map of the project location (and photos) and briefly describe the project location.

Highlight if your project serves a disadvantaged community (DAC) and how.

For GHG reduction projects, practice determination methodology, number of acres, and benefit timespan should be included.

For acquisitions, the current status must be included (i.e., willing seller letter, appraisal status) (Enter project description here – add more pages if needed)

RMC NON-BOND PRIORITIES GRANT PROGRAM

GRANT APPLICATION FORM

4. PRELIMINARY BUDGET: Attach a budget that includes the total cost of the project and the proposed sources of funding. Include proposed funding sources even if they are not yet secured, but please make status clear.

Estimate the budget by major task identified in the project description.

5. PROJECT TIMELINE: Attach a project schedule that estimates the start date and completion date of the major project tasks and any major milestones. Please see Program Guidelines for deadlines.

Ass
uming that the RMC awards the grant within the next six months, what is the expected timeline for this project? Start: Click or tap to enter a date. End: Click or tap to enter a date.

6. PROJECT CAT EGORY – for Wildfire Prevention Grant Program Only (select one):
☐ San G abriel Mountains and Foothills Fire Prevention Planning and Management ☐ Urban Wildlands and Hills Fire Prevention Planning and Management ☐ Forest Health: Fire Recovery, Response, Restoration, Education and Stewardship

7. PROJECT TYPE (select all that apply):
☐Acquisition – _____ acres(ac) ☐Open Space
☐Riparian Habitat Restoration – _____ (ac) ☐Habitat Restoration – _____ (ac) ☐Community and/or urban greening ☐Increase access points or trails – ____ miles ☐Implementation – _____ac ☐Fire Prevention Planning
☐Hazardous Fuels Reduction – _____ ac ☐Fire Prevention Education/Stewardship ☐Forest Thinning/Chipping – _____ ac ☐Fire Response
☐Fuel Break and Defensible Space – _____ac ☐Workforce Development ☐Invasive Species Remove/Treat – _____ac ☐Post Fire Restoration/Enhancement ☐Number of trees _________ ☐Park improvements – _____ac ☐Other GHG Reducing Practice (list here)________________________________________ – ____ ac ☐Other GHG Reducing Practice (list here)________________________________________ – ____ ac ☐Other GHG Reducing Practice (list here)________________________________________ – ____ ac

8. SITE CONTROL:
☐ Applicant owns the property for the proposed project. ☐ Applicant has a written agreement with the landowner to conduct the project on their land. ☐ Applicant does not have a written agreement with the landowner to conduct the project on their land. If this answer is checked, specify how and when the landowner agreement will be reached.

9. ENVIRONMENTAL COMPLIANCE AND PERMITTING (check all that apply):

What is the status of the environmental documentation for this project, check the most appropriate box? Please provide documentation of environmental compliance if applicable. ☐ No CEQA/NEPA work initiated
☐ Initial Study Completed, date of completion
☐ Negative Declaration, date of certification
☐ Categorically Exempt, date of certification
☐ CEQA/NEPA in process, expected date of completion
☐ CEQA/NEPA completed, date of completion

RMC NON-BOND PRIORITIES GRANT PROGRAM

GRANT APPLICATION FORM
AGENCY
identify permits necessary for project implementation

YES NO DATE OF APPROVAL/PENDING
California Fish and Wildlife
State Water Control Resources Board
US Army Corp of Engineers
US Fish and Wildlife
Los Angeles County Flood Control District
City/County Construction Permits
Coastal Commission
Other

10. WORKFORCE DEVELOPMENT (check only one):
☐ YES, this project will involve the California Conservation Corp or another local Conservation Corp.

If checked, please specify the Conservation Corp you will be hiring: ______________________________ ☐ YES, this project will implement a youth employment or job training program.

If checked, please provide a 1 paragraph description of program: _________________________________________________________ ☐ NO, this project will not involve a workforce development component. ☐ Not applicable, this project is a planning only project.

11. RESOLUTION: Attach the resolution from the applicant’s governing body certifying that their governing board gives the authorized signatory the authority to apply, receive and manage the project.
☐ YES, attached.
☐ NO, draft attached. Expected date of authorization:

12. OTHER REQUIREMENTS AND ATTACHMENTS:
☐ Applicant has read the RMC Non-Bond P riorities Program Guidelines and understands the project is consistent with the purposes and requirements of the funding source, respective program, and RMC’s policies ☐ Applicant has adopted and implemented cont racting policies in order to increase outreach and advertising to disadvantaged businesses and individuals.
☐ STD 204 Payee Data Record (required for all applications)

13. SIGNATURES:

Signature of Applicant:_ _____________________________________ Date:__________________ Name and Title:

Signature of Authorized Official: _______________________________ Date:__________________ Name and Title:

Appendix B: Useful Web Links
Cal-Adapt https://cal-adapt.org/
California Grants Portal https://www.grants.ca.gov/
California Natural Resources Agency https://resources.ca.gov/ Grant Programs https://resources.ca.gov/grants
Initiatives https://resources.ca.gov/Initiatives
California Water Action Plan https://resources.ca.gov/Newsroom/Page-Content/News-List/State- Agencies-Track-Five-Years-of-Progress-on-California-Water-Action-Plan California’s 30x30 Initiative https://www.californianature.ca.gov/ California Wildfire & Forest Resilience Task Force https://fmtf.fire.ca.gov/ State and Local Conservation Corps
California Conservation Corps https://ccc.ca.gov/
Los Angeles Conservation Corps https://www.lacorps.org/ Conservation Corps of Long Beach https://www.cclb-corps.org/ San Gabriel Valley Conservation Corps https://www.sgvcorps.org/ Disadvantaged Communities
CalEnviroScreen 4.0 https://oehha.ca.gov/calenviroscreen Statewide Comprehensive Outdoor Recreation Plan (SCORP) Community FactFinder http://www.parksforcalifornia.org/communities
Department of Water Resources Disadvantaged Communities Mapping Tool https://gis.water.ca.gov/app/dacs/
Los Angeles Countywide Parks and Recreation Needs Assessment https://lacountyparkneeds.org/ Executive Orders and Legislation
Assembly Bill 1550 Greenhouse gases: investment plan: disadvantaged communities https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB1550

Senate Bill 85 Wildfire Prevention and Resiliency Early Action Plan https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB85 Senate Bill 170 Budget Act of 2021 Amendment
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB170 Executive Order N-82-80 https://www.gov.ca.gov/wp-content/uploads/2020/10/10.07.2020-EO-N-82-20-.pdf Extreme Heat Threat California Heat Assessment Tool https://www.cal-heat.org/explore Los Angeles River
Lower Los Angeles River Revitalization Plan (LLARP) https://lowerlariver.org/

Los Angeles River Master Plan https://www.larivermasterplan.org/ San Gabriel River
San Gabriel Ri ver Corridor M aster Plan https://www.ladpw.org/wmd/watershed/sg/mp/ San Gabriel & Lower Los Angeles Rivers and Mountains Conservancy http://rmc.ca.gov/ Board Meetings http://rmc.ca.gov/meetings/
Grants, Funding Opportunities, and Templates: http://rmc.ca.gov/grants/ RMC Non-Bond Priorities Program Guidelines 2022 – FINAL

RMC Non-Bond Priorities Program Guidelines 2022 – FINAL Appendix C: Definitions
Unless otherwise stated, the terms used in these grant guidelines have the following meanings:

Acquisition: to obtain from a willing seller fee interest or any other interest, including easements and development rights, in real property.

Applicant: an eligible organization requesting funding from a program administered by RMC.

Application: the individual Application Form and its required attachments and supporting documentation for grants pursuant to the enabling legislation and/or program.

Appraisal: a written statement independently and impartially prepared by a qualified appraiser setting forth an opinion of defined value of an adequately described property as of a specific date, supported by the presentation and analysis of relevant market information.

Appropriation: a budget authorization from a specific fund to a specific agency/or program to make expenditures or incur obligations for a specific purpose and/or period of time.

California Indian Tribe : any California Indian tribe, band, nation, consortia, or other organized group or community.

CEQA: the California Environmental Quality Act, Public Resources Code Section 21000, et seq.; Title 14 California Code of Regulations Section 15000, et seq. For more information, please see https://opr.ca.gov/ceqa/.

Climate Resilience: the capacity of a natural or developed community to withstand environmental disruptions, recover from shocks or stresses, and adapt to changing climate conditions.

Common Ground: the San Gabriel and Los Angeles Rivers Watershed and Open Space Plan prepared by RMC and approved by a majority of the cities representing a majority of the population, the Board of Supervisors of Los Angeles County, and by the Central Basin Water Association and the San Gabriel Valley Water Association.

Community Access: engagement programs, technical assistance, or facilities that maximize safe and equitable physical admittance, especially for low -income communities, to natural or cultural resources, community education, or recreational amenities
Connectivity: continuity in open space enabling linkages between open space, and wildlife habitat areas and typically including trails and passive or active recreation nodes.

Contract: the agreement between the RMC, grantee, property owner, and/or mortgage lender, specifying the payment of funds for the performance of a project scope within the project performance period by the grantee.

The terms “contract” and “agreement” may be used interchangeably.

Development: improvements to real prop erty by construction of new facilities or rehabilitation, restoration, renovation or additions to existing sites, property, or facilities.

Disadvantaged community (DAC): a community disproportionately affected by environmental pollution and other hazards and areas with concentrations of people that are low income, high unemployment, low levels of home ownerships, high rent burden, sensitive populations, or low levels of educational attainment; and/or a community with a median household income less than 80% of the statewide average.

RMC Non-Bond Priorities Program Guidelines 2022 – FINAL Enhancement: to modify current conditions and may be used to describe a project that would result in a natural resource, habitat, cultural or historic site, recreational area, or existing facility achieving a desired level of im provements while considering the protection of the natural environment. It is distinguishable from "restoration" in that it does not imply merely a return to historic natural conditions but may include the provision of recreation or other aspects that were not original features.

Environmental Justice : the fair treatment and meaningful involvement of all people – regardless of race, ethnicity, and income or education level – in environmental decision-making. Environmental justice programs promote the protection of human health and the environment, empowerment via public participation, and the dissemination of relevant information to inform and educate affected communities.

Federally Recognized California Indian Tribe : any California Indian tribe, band, nation, or other organized group or community certified by the Secretary of the Interior as eligible for special programs and services provided by the Secretary of the Interior.

Generally Accepted Accounting Principles ( GAAP): the conventions, rules, and procedures that serve as the norm for the fair presentation of financial statements. GAAP provides both authoritative standards and commonly accepted ways of recording and reporting accounting information. GAAP’s objective is to improve clarity, consistency, and comparability of financial data.

Grantee: an applicant that has an agreement for grant funding with the State Greenhouse Gases : atmospheric gases that contribute to the greenhouse effect . Gases include, but are not limited to, carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.

Greenhouse Gas (GHG) Reductions: the sum of the GHG emission reductions and sequestration, minus any GHG emissions resulting from project implementation.

Habitat linkage : connections between otherwise isolated areas of habitat that may (1) provide for daily and seasonal movements of animals; (2) facilitate dispersal, gene flow, and rescue effects (for animals or plants); (3) allow for range shifts of species; and (4) maintain flows of ecological processes (e.g., fire, wind, sediments, water).

Habitat creation: the formation or increase of at least one of the following: terrestrial, avian, or aquatic habitats or creates new linkages or corridors.

Habitat preservation: keeping threatened natural habitat and protects native floral and faunal biodiversity that may be lost to a planned urban development.

Habitat restoration : to return the site’s hydrology, topography, and natural vegetative communities to historic pre - disturbance conditions so that the site provides food and shelter for wildlife, and performs natural processes including reducing the volume and velocity of runoff, and increasing the water infiltration rates.

Historical Resource: includes, but is not limited to, any building, structure, site area, place, artifact, or collection of artifacts that is historically or archaeologically significant in the cultural annals of California.

Indirect/Overhead Costs: expenses of doing business that are of a general nature and are incurred to benefit at least two or more functions within an organization. These expenses are not usually identified specifically with a grant, grant agreement, project, or activity, but are necessary for the general operation of the organization. Examples of indirect expenses include salaries and benefits of employees not directly assigned to a project; functions such as personnel,

RMC Non-Bond Priorities Program Guidelines 2022 – FINAL business services, information technology, j anitorial, and salaries of supervisors and managers not directly related to the project and supported with timesheets; and overhead such as rent, utilities, suppl ies, etc.

In-Kind: non-cash donations from governmental or private sources, and includes volunteer labor, materials, and services Joint Powers Authority (JPA): any entity formed pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of the Government code, if at least one of the parties to the joint powers agreement qualifies as an eligible applicant as described on page 8 of these guidelines.

Local Conservation Corps: the local division of the California Conservation Corps, a state administered organization for youth volunteers to protect and enhance California’s environment and communities and provide assistance in emergencies.

Low Impact Recreation: any development, rehabilitation, or enhancement of resource -based facilities and the a ssociated visitor activities that result in minimized impacts on natural areas and natural systems. Low impact activities are generally human powered and may include walking, picnicking, hiking, cycling, non- motorized boating or equestrian use, bird watching, fishing, stargazing or photography; and organized events such as interpretive tours, nature walks or educational programs.

Management Plan: a plan that identifies responsibility for future management of a given area to preserve, protect, and enhance natural resource values, and where appropriate, provides for multiple objectives, and identifies funds for that management.

Match: funds or equivalent in-kind contributions in addition to RMC Grant Funds. Increased consideration will be given to projects that provide matching funds or equivalent in-kind contributions.

Monitoring and Assessment: an assessment process to evaluate the success of the proposed action or improvement, and monitoring progress towards meeting project goals. The standards for monitoring each project approved for funding will be developed in concert with RMC.

Multi-jurisdictional: projects that provide shared solutions for multiple communities, for example a community that lacks safe, affordable drinking water and is served by a small community water system, state small water system, or a private well when improved can service more than one community. Projects that create, preserve, restore open space that will benefit a regional territory. As another example, a watershed management plan update that serves an entire watershed.

Multiple Benefit or Multi -Benefit: projects that involve more than one public benefit objective including habitat enhancement or protection, water quality improvement, historic resource protection or improvement, public access development, environmental education, or any combination of such objectives.

Natural habitat: relatively undisturbed lands and vegetation communities that provide food and shelter for wildlife and also perform natural functions such as, reducing the volume and velocity of storm runoff, and enabling water infiltration.

Nature-based Solutions: describes actions that work with and enhance nature to help address societal challenges. This term is an umbrella concept being used across the world to describe a range of ecosystem -related approaches that protect and restore nature to deliver multiple outcomes, including addressing climate change, protecting public health, increasing equity, and protecting biodiversity. Examples include community greening, which can cool communities facing extreme heat, reduce energy costs, allo w soils to better absorb water, expand access to nature, enhance biodiversity, reduce the impacts of pollution, and increase quality of life; wetlands and riparian areas which (when restored and functioning) sequester carbon, reduce flood risk, filter pollution, and protect habitat; and agricultural

RMC Non-Bond Priorities Program Guidelines 2022 – FINAL hedgerows which support pollinators, improve habitat, c onserve water, enhance our food supply, and contribute to our economic
prosperity.

NEPA: the National Environmental Policy Act of 1969, as amended Public Law 91-190, Title 42 United States Code Sections 4321-433347, January 1, 1970, as amended by Public Law 94-52, July 3, 1975, Public Law 94-83, August 9, 1975, and Public Law 97-258, Section 4 (b), September 13, 1982). NEPA requires federal agencies to a ssess the possible environmental consequences of projects, which they propose to undertake, fund, or approve.

Nonprofit Organization: any private, nonprofit organization, existing under Section 501(c)(3) of the United States Internal Revenue Code and has among its principal charitable purposes the preservation or enhancement of land for scientific, historic, educational, recreational, scenic, or open -space values, the protection of the natural environment, or the preservation and enhancement of fisheries and wildlife or their habitat. "Notice of Completion and Acceptance of Work " means the notice completed by the grantee and filed with the county recorder in the county where the property is located, upon completion and acceptance of any and all constructio n work related to a project.

Open Space: any area that can potentially serve as wildlife habitat, facilitate natural processes, or allow for public access for passive forms of recreation.

Planning Expenses: expenses associated with specific preparations necessary to execute eligible RMC- funded projects.

Planning includes conceptual designs, preschematic work, such as initial architectural and engineering plans prepared during the preliminary project phase; schematic documents; technical consulting; construction design; preparation of construction bidding documents; permits or appraisals. Planning expenses are distinct from “hard” project expenses of actual construction or acquisition.

Project: the acquisition, development, (rehabilitation and restoration), or interpretation activities to be accomplished with grant funds and other funds if necessary, that meets the intent of the program and statutory conditions.

Project Development Plan: the plan required by the RMC prior to grant award which describes how the project meets the RMC policies and criteria.

Project Management Plan : the overall plan used to describe how the completed project would be operated and maintained on a long- term basis. This document could include habitat, landscape, park, and other facility/resource long term management plans.

Project Performance Period: the period of time between the beginning and ending dates (inclusively) of the grant agreement. Eligible expenses incurred during this period may be funded from the grant.

Project Scope: the description or activity of work to be accomplished by the project.

Property: the land, including all structures attached to such land, upon which the project is located.

Property Owner: the person or entity that holds the fee simple interest of the Property.

Public access: access generally with full right of way from a public thoroughfare or public transportation. It could also mean the provision for visitor support facilities, including public parking, trails, bikeways, restrooms, picnic areas and campgrounds and other recreational facilities.

RMC Non-Bond Priorities Program Guidelines 2022 – FINAL Restoration: the process of reproducing, re-establishing, or rehabilitating a natural area or a cultural or historical site or feature that has otherwise deteriorated so that it emulates the site’s historic condition before degradation.

Riparian: locations and associated vegetative communities related to or on the banks of rivers, streams, wetlands, marshes, or other freshwater bodies.

Severely D isadvantaged Community (SDAC): a community with the meaning set forth in subdivision (a) of Section 116760.20 of the Health and Safety Code, as a community with a median household income of less than 60 percent of the statewide average.

Stewardship: the development, implementation, and long- term management of important resources and typically involving the protection, preservation, rehabilitation, restoration, improvement of natural systems and/or outstanding features, and historical and cultural resources.

State: the San Gabriel & Lower Los Angeles Rivers and Mountains Conservancy, the California Natural Resources Agency, or its representative.

Sustainable/Sustainability: the ability to meet current needs without compromising the ability of future generations to do the same. Also, the goal of life, liberty, and social well-being within the means of nature.

Threatened Natural Habitats : any areas that contain natural habitat that will be destroyed or degraded by a proposed urban development plan which, at the least , has already been submitted to the governing jurisdiction or planning commission.

Traditional Lands: lands that are synonymous with Aboriginal or Indigenous cultural territories or areas generally defined by natural boundaries containing static and transient habitation sites used for subsistence hunting, fishing, and gathering that may have fluctuated and overlapped over time and where religious practices were culturally significant to the Native American tribe or their ancestors
Urban Forest: native or introduced trees and related vegetation in the urban and near -urban areas including, but not limited to, urban watersheds, soils and related habitats, street trees, park trees, residential trees, natural riparian habitats, and trees on other private and public properties (reference PRC 4799.09).

Urban Forestry: the cultivation and management of trees in urban areas for their present and potential contribution to the economic, physiological, sociological, and ecological well-being of an urban society (reference PRC 4799.09).

Urban Greening: a community-based effort to plan, plant, care, and manage flora, structures, and spaces, which lead to increased forest canopy, reduced storm water runoff, improved air and water quality, energy conservation, open space and ultimately, more sustainable communities.

Urban Heat Island: a metropolitan area which is significantly warmer than its surrounding rural areas due to modification of the land surface by urban development.

Watershed: a region or area bound peripherally by a divide or ridge, all of which drains to a particular watercourse or body of water. Most urban sites are now mini watersheds, with the property line constituting the "ridge" and the storm drain system located in the street constituting the "watercourse" to which it discharges.

Willing seller: the project property owner(s) is/are willing participant(s) in the proposed real property transaction and at a purchase price not to exceed fair market value as verified by the State

RMC Non-Bond Priorities Program Guidelines 2022 – FINAL End of Gui
delines

ITEM #____

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: René Bobadilla, P.E., City Manager
BY: Fire Chief Fernando Pelaez, Fire Department
SUBJECT: Approval to Apply for the Permanent Local Housing Allocation Program Formula Funding
DATE: August 1, 2022
RECOMMENDATIONS:

It is recommended that the City Council:
1) Approve Application for the Permanent Local Housing Allocation Program Formula Funding; and
2) Take such additional, related, action that may be desirable.

FISCAL IMPACT
The City of Montebello could receive an estimated $1,900,548 in grant funding from the Permanent Local Housing Allocation (PLHA) program formula funding component. The funding opportunity is available to local governments for eligible housing and homelessness activities. Should the City be successful in receiving this allocation, Staff will return to the City Council with a request to appropriate the funds and amend the adopted budget.

BACKGROUND
In 2017, Governor Jerry Brown signed a 15-bill housing package aimed at addressing the State’s housing shortage and high housing costs. The Building Homes and Jobs Act (SB 2, 2017), established a $75 recording fee on real estate documents to increase the supply of affordable homes. Seventy percent (70%) of the fees collected are utilized to fund the Permanent Local Housing Allocation (PLHA ) Program, which is administered by the California Department of Housing and Community Development (HCD). 16 CITY COUNCIL AGENDA REPORT – SPECIAL MEETING OF AUGUST 1, 2022 Approval to Apply for the Permanent Local Housing Allocation Program Formula Funding

PLHA is an ongoing formula grant that provides non -competitive funding to entitlement cities, as well as competitive grant funding to non-entitlement cities. The last PLHA Notice of Funding Availability (NOFA) was released in May 2021 by HCD.

The amount of PLHA funds allocated to each entitlement jurisdiction is directly proportionate to each jurisdiction’s share of the total 2017 CDBG allocation in California.

The State estimates the City will receive approximately $ 1,900,548 over the program’s first five years. The City will receive an allocation of $ 316,758 in the first year and $492,340 in the second. Future allocations may fluctuate from year to year depending on recording fees from the number of real estate transactions , which impacts the total amount of PLHA funding available.

In order to be eligible to apply for this formula funding , local jurisdictions must have a State certifie d and compliant Hou sing Element . On June 22, 2022 the City Council adopted Resolution No. 22-52 approving the Housing Element Update for the 2021-2029 Planning Period (6th Cycle Regional Housing Needs Allocation). The City is now eligible to apply for PLHA funds when the application period opens later this year. The program guidelines require that the grant application include an adopted City Council resolution authorizing the request and receipt of grant funds for the five-year period.

PLHA Eligible Activities

There are ten eligible activities unde r the PLHA grant , several of which are highlighted below:

 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.

 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.

 Accessibility modifications in lower-income owner-occupied housing.

 Homeownership opportunities, inclu ding, but not limited to, down payment assistance.

 A maximum of 5% of the allocation can be used for administration.

CITY COUNCIL AGENDA REPORT – SPECIAL MEETING OF AUGUST 1, 2022 Approval to Apply for the Permanent Local Housing Allocation Program Formula Funding

DISCUSSION

The City outlined homeless prevention goals and objectives in the City’s Homelessness Plan and the recently adopted Housing Element. The Homeless Prevention Program develops strategic preventative measures to support and engage higher risk members of the community from entering homelessness or connecting them with resources to exit homelessness quickly by either retaining their housing or using other housing strategies to ensure people move into permanent and stable accommodations that are affordable, safe, and appropriate with the support they need to thrive. Without a dedicated funding source to provide housing for the City’s homeless households, the remaining goals and objectives of the strategy will be difficult to implement.

As mentioned previously, assisting persons who are at risk of homelessness is an eligible activity under PLHA. To support and address homeless prevention staff recommends that the Homeless Task Force bring funding activity recommendations for the submission of the PLHA application to the City Council for consideration. The City’s grant application must include a five -year plan outlining h ow the $1,900,548 will be utilized over the five- year period.

PLHA funding is time-sensitive, applications for the formula allocation must be submitted within 48-months of the budget appropriation. If a local government does not submit a complete applicat ion within that time frame, the allocation will revert to the Housing Rehabilitation Loan Fund for the Multifamily Housing Program or for State-administered technical assistance to local governments. The delays associated with an approved housing element by the State has prevented the City from meeting the eligibility criteria needed to apply for PLHA funding until now. Unfortunately, the City was left out of the last application period from May 6, 2021 - December 31, 2021. Staff anticipates that the application period will open within the next few months.

SUMMARY

That the City Council a uthorize Staff to prepare the application for $1.9 million in PLHA formula funding from the California Department of Housing and Community Development.

Once the City is approved to receive this five-year funding amount, Staff will return to the City Council to appropriate the funds and amend the adopted budget.

ATTACHMENT:

A. Attachment A - Notice of Funding Opportunity

STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF STATE FINANCIAL ASSISTANCE
2020 W. El Camino Avenue, Suite 670
Sacramento, CA 95833
(916) 263-2771
www.hcd.ca.gov
0D\, 2021
MEMORANDUM FOR: All Potential Applicants
FROM: Jennifer Seeger, Deputy Director
Division of State Financial Assistance
SUBJECT: Permanent Local Housing Allocation Program
Entitlement and Non-Entitlement Local government
Formula Component - Notice of Funding Availability
The California Department of Housing and Community Development (Department) is pleased to announce the release of the 2021 Entitlement and Non-Entitlement Local government formula component Notice of Funding Availability (NOFA) for approximately $304 million in calendar year 2020 funds plus an additional $38.4 million in remaining calendar year 2019 funds for the Permanent Local Housing Allocation (PLHA) program.

This funding provides formula grants, as listed in Appendix A, to Entitlement and Non- Entitlement Local governments in California for housing-related projects and programs that assist in addressing unmet housing needs of their local communities.

Please note: As this is the second allocation year for funds collected pursuant to SB 2 (Chapter 364, Statues 2017), jurisdictions that have previously applied and received an award of 2019 funds are not required to resubmit all threshold requirements, but rather must demonstrate all threshold requirements continue to be met as noted in Part II, Section G of this NOFA. Jurisdictions that have not previously applied, must meet all threshold requirements as outlined in Part II, Section F of the attached NOFA.

The submittal portal will be available and open for applications beginning May 6, 2021.

Personal deliveries will not be accepted. No facsimiles, incomplete applications, application revisions, or walk-in application packages will be accepted. Applications will be accepted through December 31, 2021 and must be submitted electronically through the Department’s website. Requirements for uploading the Application Workbook and required supporting documentation, including naming conventions, are described in the application instructions available at http://www.hcd.ca.gov/grants-funding/active-funding/plha.shtml .

The PLHA application forms, workshop details, and Guidelines are posted on the Department’s website. To receive information on workshops and other updates, please subscribe to the PLHA listserv by clicking on “Email Sign up” on the Department’s website. If you have any further questions, please contact [email protected].

Attachment

ATTACHMENT A
Permanent Local Housing Allocation
Program
2021 Formula Component
Notice of Funding Availability for
Entitlement and Non-Entitlement
Local governments
Gavin Newsom, Governor
State of California
Lourdes M. Castro Ramírez, Secretary
Business, Consumer Services and Housing Agency
Gustavo Velasquez, Director
California Department of Housing and Community Development 2020 West El Camino Avenue, Suite 500, Sacramento, CA 95833 Telephone: (916) 263-2771
Website: http://www.hcd.ca.gov/grants-funding/active-funding/plha.shtml Email: [email protected]
0D\, 2021
Table of Contents
I. Overview ................................................................................................ .............. 1 A. Notice of Funding Availability ................................................................ .......... 1 B. Timeline ................................................................................................ ............. 2 C. Authorizing Legislation and Regulations ................................ ........................ 2 II. Program Requirements ........................................................................................ 2 A. Eligible Applicants ................................................................ ............................ 2 B. Eligible Activities ................................................................ ............................... 3 C. Allocatio n of Funding and Award Limits ................................ ......................... 5 D. Program Administrative and Activity Delivery Costs ................................ ..... 6 E. Application Review ................................................................ ........................... 6 F. Threshold Requirements ................................................................ ................. 6 G. Administration and Reporting Requirements ................................................ 10 III. Application Submission and Review Procedures ................................................ 10 A. Application Submission Process .................................................................... 10 B. Application Workshops ................................................................................... 11 IV. Appeals .............................................................................................................. 11 A. Basis of Appeals .............................................................................................. 11 B. Appeal Process and Deadlines ...................................................................... 11 C. Decisions .......................................................................................................... 11 D. Award Announcements and Contracts .......................................................... 11 V. Other State Requirements .................................................................................. 12 A. Pet Friendly Housing Act of 2017 .................................................................. 12 B. Accessibility and Non-Discrimination ............................................................ 12 VI. Other Terms and Conditions............................................................................... 13 A. Right to Modify or Suspend ............................................................................ 13 B. Disclosure of Application ................................................................................ 13 C. Conflicts ............................................................................................................ 13 APPENDICES ............................................................................................................... 1 Department of Housing and Community Development 1
Permanent Local Housing Allocation
2021 Entitlement and Non-Entitlement Local government Formula Allocation NOFA Permanent Local Housing Allocation
Entitlement and Non-Entitlement Local Government Formula Component Notice of Funding Availability
I. Overview
A. Notice of Funding Availability
The California Department of Housing and Community Development (Department) is announcing the release of the 2021 Permanent Local Housing Allocation (PLHA) program formula component Notice of Funding Availability (NOFA) for approximately $304 million in calendar year 2020 funds and an additional $38.4 million in calendar year 2019 funds for Entitlement and Non-Entitlement Local governments. This NOFA is funded from moneys deposited in the Building Homes and Jobs Trust Fund (Fund) in calendar year 2020 and includes any remaining unawarded funds not requested for calendar year 2019.

Funding for this NOFA is provided pursuant to Senate Bill 2 (SB 2) (Chapter 364, Statutes of 2017). SB 2 established the Fund and authorizes the Department to allocate 70 percent of moneys collected and deposited in the Fund, beginning in calendar year 2019, to Local governments for eligible housing and homelessness activities. The intent of the bill is to provide a permanent, on-going source of funding to Local governments for housing-related projects and programs that assist in addressing the unmet housing needs of their local communities.

This NOFA outlines threshold and application requirements for Entitlement Local governments and Non-Entitlement Local governments as defined in Guidelines Section 101. Entitlement Local governments are metropolitan cities and urban counties that received a Community Development Block Grant (CDBG) grant for fiscal year 2017 pursuant to the federal formula specified in 42 U.S. Code, Section 5306.

Please note that this NOFA has two separate threshold requirements sections:
x Local Governments that received an award under the 2020 Formula Component NOFA are subject to the threshold requirements outlined in Part II, Section F x Local Governments that have not previously applied for and received a PLHA award must meet the threshold requirements outlined in Part II, Section G In 2021, the Department will issue two separate NOFAs to award the PLHA funds:

1. Formula Component NOFA for Entitlement and Non-Entitlement Local governments; and

2. Non-Entitlement Local government Competitive NOFA (anticipated in May 2021).

Department of Housing and Community Development 2
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2021 Entitlement and Non-Entitlement Local government Formula Allocation NOFA B. Timeline
NOFA Release Date 0D\, 2021
Application Submittal May 6, 2021 - December 31, 2021
Award Announcement Ongoing through February 2022
C. Authorizing Legislation and Regulations
SB 2 (Chapter 364, Statutes of 2017) established the PLHA program. The program operates under the requirements of Health and Safety Code (HSC), Part 2 of Division 31, Chapter 2.5 (commencing with Section 50470).

Section 50470 (b)(2)(B)(i) of the HSC authorizes the Department to allocate 70 percent of the moneys collected and deposited in the Fund, beginning in calendar year 2019, for the PLHA program.

Section 50470 (b)(2)(B)(i)(I) of the HSC requires the Department to allocate 90 percent of PLHA funds based on the federal CDBG formula specified in 42 U.S. Code, Section 5306, except that the portion allocated to Non-Entitlement Local governments is required to be distributed through a competitive grant program for Non-Entitlement Local governments.

Section 50470 (b)(2)(B)(i)(II) of the HSC requires the Department to allocate the remaining 10 percent of PLHA funds equitably to Non-Entitlement Local governments.

Section 50470 (d) authorizes the Department to adopt Guidelines to implement the PLHA program, not subject to the rulemaking provisions of the California Administrative Procedure Act.

This NOFA governs the administration of funding from the Fund (created by Section 50470, subdivision (a)(1) and appropriated by item 2240-103-3317 in the Budget Act of 2019) and made available under the PLHA program.

Capitalized terms not otherwise defined in this NOFA shall have the meanings set forth in Guidelines Section 101.

II. Program requirements
The following is provided as a summary for the allocation of the PLHA funds to Entitlement and Non-Entitlement Local governments and is not to be considered a complete representation of the eligibility, threshold, or other requirements, terms and conditions.

A. Eligible Applicants

1. An Applicant must be an Entitlement Local government, a Non-Entitlement Local government, or a Local or Regional Housing Trust Fund delegated by the Local government pursuant to Guidelines Section 300. Appendix A contains the list of eligible Applicants.

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2. D elegation. An eligible Applicant may delegate their entire formula allocation to either another Local government or to a Local or Regional Housing Trust Fund. A Local government that delegates their formula allocation to another Local government or to a Housing Trust Fund must enter into a legally binding agreement with the other Local government or Housing Trust Fund. The delegate must submit the PLHA application on behalf of the delegator and wholly administer the entire formula component of PLHA funds on behalf of the delegator for the full term of the PLHA Plan, as set forth in Guidelines Section 300(c).

Upon delegating its entire formula allocation to another Local government or to a Local or Regional Housing Trust Fund, the Local government that delegated their allocation is no longer involved in the PLHA application or administration of the PLHA grant for the full term of the PLHA Plan, which extends through 2023. The delegated Local government or Trust Fund assumes full responsibility for compliance with statute and for meeting all of the Department’s requirements, including any penalties for non- compliance.

A partial funding delegation is not permitted under the delegation authority. However, a Local government can subgrant a portion of its allocation to another entity, as permitted by Guidelines Section 302(c)(3). When a Local government subgrants a portion of its allocation to another entity, the Local government remains fully accountable and responsible for compliance with statute and for meeting all of the Department’s requirements, including any penalties for non-compliance.

B. Eligible Activities
Pursuant to Guidelines Section 301(a), the PLHA funds allocated to eligible Applicants must be used to carry out one or more of the eligible activities listed below. All services must be provided within the county containing the Local government recipient.

1. The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, or rental housing that is affordable to extremely low-, very low-, low-, or moderate-income households (up to 120 percent of Area Median Income (AMI), or 150 percent of AMI in High-cost areas, see appendix B for a list of High-cost areas ), including necessary Operating subsidies.

Note: Predevelopment and/or acquisition must result in the development, rehabilitation, or preservation of housing, as otherwise there is no actual housing outcome of the predevelopment or acquisition assistance.

2. T he 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 Area Median Income (AMI), or 150 percent of AMI in High-cost areas. ADUs shall be available for occupancy for a term of no less than 30 days. See Appendix B for a list of High-cost areas in California.

Note: Predevelopment and/or acquisition must result in the development, rehabilitation, or preservation of Affordable rental and ownership housing, as Department of Housing and Community Development 4
Permanent Local Housing Allocation
2021 Entitlement and Non-Entitlement Local government Formula Allocation NOFA otherwise there is no actual housing outcome of the predevelopment or acquisition assistance.

3. Matching portions of funds placed into Local or Regional Housing Trust Funds.

Matching funds must be utilized as required by PLHA guidelines Section 301(a).

4. Matching portions of funds available through the Low- and Moderate-Income Housing Asset Fund pursuant to subdivision (d) of HSC Section 34176. Matching funds must be utilized as required by PLHA guidelines Section 301(a).

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 in conformance with 24 Code of Federal Regulations (CFR Section 578.3), including x Rapid rehousing in conformance with federal rules contained in 24 CFR Section 576.104, except for legal services;
x Rental assistance with a term of at least six (6) months (rental arrears is not eligible);
x Street outreach, and other Supportive/case management services in conformance with federal rules contained in 24 CFR Section 576.101 that allow people to obtain and retain housing;
x 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 Welfare Institutions Code (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(b).

7. Accessibility modifications in Lower-income (up to 80 percent of AMI) Owner- occupied housing.

8. Efforts to acquire and rehabilitate foreclosed or vacant homes and apartments.

9. Homeownership opportunities, including, but not limited to, down payment assistance.

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2021 Entitlement and Non-Entitlement Local government Formula Allocation NOFA

10. F iscal 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.

Twenty percent of the moneys in the Fund are required by statute to be expended for Affordable Owner-Occupied Workforce Housing (AOWH). If funding proposed in Local government Plans for AOWH activities is lower than 20 percent of the moneys available in the Fund, the Department may require Local governments to use a specific percentage of their annual formula allocations in some future year for AOWH activities as part of the annual funding process.

C. Allocation of funding and award limits
Appendix A lists the dollar amount of the allocation of PLHA funds. If a Local government applied in 2020 for their 2019 allocation, there is a blank in the 2019 column. If a Local government did not apply before this NOFA, there is an amount listed in both the 2019 and 2020 columns.

The PLHA funds allocated to each Entitlement Local government is directly proportionate to each Entitlement Local government’s share of total 2017 CDBG allocation in California.

The PLHA funds allocated to each Non-Entitlement Local government is based on the sum of:

1. Fifty percent of the funding available for the Non-Entitlement formula component divided by the number of Local governments eligible for the Non-Entitlement formula component; and

2. F ifty percent of the funding available for the Non-Entitlement formula component allocated in proportion to each Non-Entitlement Local government’s share of the total most severe housing need in California’s Non-Entitlement Local governments, based upon the most recent U.S. Department of Housing and Urban Development (HUD) Comprehensive Housing Affordability Strategy (CHAS) data.

Two or more Local governments may expend PLHA funds on an eligible jointly funded project, provided the project is an eligible Activity pursuant to Guidelines Section 301(a), and will be located within the boundaries of one of the Local governments.

An Applicant eligible for an allocation of PLHA funds must comply with the Deadline and Funding Requirements set forth in Guidelines Section 304.

In order to avoid amending the Department Standard Agreement each year, and to expedite the disbursement of PLHA funds, the Department Standard Agreement and the Applicant’s PLHA resolution shall include a five-year estimate of PLHA formula

Department of Housing and Community Development 6
Permanent Local Housing Allocation
2021 Entitlement and Non-Entitlement Local government Formula Allocation NOFA allocations, as stated in Appendix C, as the maximum funding amount. The actual amounts may be lower, and the disbursements will be based on the actual allocation amounts.

Please be advised that no funding from any subsequent year will be disbursed if the Local government is not in compliance with the Housing Element requirement and the Housing Element Annual Progress Report requirement stated in Guidelines Section 302(a) and (b), or in the event that the Local government has not submitted its annual PLHA report, as required by Guidelines Section 503. For a list of jurisdictions currently ineligible for PLHA funds due to the Housing Element and/or Annual Progress Report requirement, please refer to Appendix D. In addition, the grantee must be in compliance with commitment requirements stated in Guidelines Sections 300(e) and must not incur penalties stated in Guidelines Section 502.

D. Program Administrative, Activity Delivery Costs, and Reimbursement of Costs A Local government that receives an award under this NOFA shall not use more than five percent of the award for administrative costs related to the execution of eligible activities.

Staff and overhead costs directly related to carrying out the eligible activities described in Guidelines Section 301(a) 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 to which it provides funding.

Predevelopment expenses for construction projects funded by PLHA funds, and costs to develop and prepare the PLHA application and Plan may be paid from the PLHA funds regardless of when the costs were incurred. Reimbursement of expenses to prepare the PLHA application and Plan are subject to the cap on administrative costs. Other costs incurred more than one year prior to commitment by the Local government may not be paid from the PLHA funds.

E. Application review
An Applicant must submit a complete application and other documents by the deadline stated in this NOFA. Applications submitted in response to this NOFA must meet the threshold requirements set forth in in this section and in the Guidelines Section 302.

F. Threshold requirements for Previous Awardees
Applicants which received awards from the 2020 Formula Allocation NOFA must meet the following threshold requirements:

1. Housing Element Compliance: The Applicant must have a Housing Element that has been adopted by the jurisdiction’s governing body by the 2021 Formula Allocation NOFA application submittal date and subsequently determined to be in substantial compliance with state Housing Element Law pursuant to Government Code (GC) Section 65585.

Department of Housing and Community Development 7
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2021 Entitlement and Non-Entitlement Local government Formula Allocation NOFA

2. T he Applicant must have submitted to the Department the Annual Progress Report on the Housing Element for the current or prior year by the 2021 Formula Allocation NOFA application submittal date.

3. A pplicant must have submitted to the Department the Annual PLHA Report if the application is submitted on or after July 31, 2021, which is the deadline for the Annual Report.

4. A pplicant must have met the commitment requirements stated in PLHA Guidelines Section 300(e).

5. T he Application must request an allocation pursuant to Section 200 of the PLHA Guidelines. Previous awardees have already received Department approval for their five-year PLHA Plan, which lists the activities that the Local government plans to provide using the five years of funding contained in the Standard Agreement. The PLHA Plan continues in force and effect unless the Local government amends the Plan to provide different activities that are eligible under PLHA statute and Guidelines. If the Plan is amended so that more than 10 percent of funds are moved to a different activity, the Plan must be formally amended, including discussion and approval at a publicly noticed meeting of the Local government’s governing board, and the Plan must be submitted to the Department for approval. Activities must be carried out in the jurisdiction of the Applicant’s Local government. Jointly funded projects may be carried out as described in Section 301(c).

6. S ubmission of the application must be authorized by the governing board of the Applicant by Resolution, and this Resolution must be submitted as part of the application. The Resolution should use the five-year estimate of funding, as listed in Appendix C.

7. I f the Local government proposes to allocate funds for any Activity to another entity, the Resolution must certify that the Local government’s selection process shall avoid conflicts of interest and shall be accessible to the public. See PLHA Guidelines Section 302 (c)(3).

8. I f the Local government proposes to use funds for the acquisition, construction, or rehabilitation of for-sale housing projects or units within for-sale housing projects, the Resolution must certify that the grantee shall record a deed restriction against the property that will ensure compliance with one of the requirements stated in Guidelines Section 302(c)(6)(A),(B) or (C).

9. T he resolution shall certify that, if funds are used for the development of an Affordable Rental Housing Development, the Local government shall make the PLHA assistance in the form of a low-interest, deferred loan to the Sponsor of the Project. The loan shall be evidenced through a Promissory Note secured by a Deed of Trust, and a Regulatory Agreement shall restrict occupancy and rents in accordance with the Local government-approved underwriting of the Project for a term of at least 55 years.

Department of Housing and Community Development 8
Permanent Local Housing Allocation
2021 Entitlement and Non-Entitlement Local government Formula Allocation NOFA

10. If any activity in the five-year Plan consists of loans being made to a homebuyer, homeowner, developer, or owner of a project, a Program income reuse plan describing how repaid loans will be used for eligible activities specified in Section 301 must be included in the application. This reuse plan must also describe how interest earned from PLHA funds deposited in a Local government interest- bearing account will be used for eligible PLHA activities.

G. T hreshold requirements for First-Time Applicants
First-time Applicants which have not previously received an award under a prior formula Allocation NOFA must meet the following threshold requirements:

1. Housing Element Compliance: The Applicant and Delegating Local Government, if applicable, must have a Housing Element that has been adopted by the jurisdiction’s governing body by the application submittal date and subsequently determined to be in substantial compliance with state Housing Element Law pursuant to GC Section 65585.

2. T he Applicant must have submitted to the Department the Annual Progress Report on the Housing Element for the current or prior year by the application submittal date.

3. A pplication requests an allocation pursuant to Section 200, of the PLHA Guidelines, and identifies the eligible activities to be undertaken. Activities must be carried out in the jurisdiction of the Applicant’s Local government. Jointly funded projects may be carried out as described in Section 301(c).

4. S ubmission of the application must be authorized by the governing board of the Applicant by Resolution, and this Resolution must be submitted as part of the application. The Resolution should use the five-year estimate of funding, as listed in Appendix C.

5. I f the Local government proposes to allocate funds for any Activity to another entity, the resolution must certify that the Local government’s selection process shall avoid conflicts of interest and shall be accessible to the public. See PLHA Guidelines Section 302 (c)(3).

6. I f the Local government proposes to use funds for the acquisition, construction, or rehabilitation of for-sale housing projects, or units within for-sale housing projects, the Resolution must certify that the grantee shall record a deed restriction against the property that will ensure compliance with one of the requirements stated in Guidelines Section 302(c)(6)(A),(B) or (C).

7. T he Resolution shall certify that, if funds are used for the development of an Affordable Rental Housing Development, the Local government shall make the PLHA assistance in the form of a low-interest, deferred loan to the Sponsor of the Project. The loan shall be evidenced through a Promissory Note secured by a Deed of Trust, and a Regulatory Agreement shall restrict occupancy and rents in

Department of Housing and Community Development 9
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2021 Entitlement and Non-Entitlement Local government Formula Allocation NOFA accordance with the Local government-approved underwriting of the Project for a term of at least 55 years.

8. The application must include a Plan which details:
a. The manner in which the allocated funds will be used for eligible Activities. b. A detailed description of the way the Local government will prioritize investments that increase the supply of housing for household with incomes at or below 60 percent of the AMI.
c. A detailed description of how the Plan is consistent with the programs set forth in the Local government’s Housing Element.
d. Evidence that the Plan was authorized and adopted by Resolution by the Local government and that the public had an adequate opportunity to review and comment on the Plan’s contents prior to the Plan Resolution adoption.

The plan must be provided to the public for a public comment period, culminating with a public hearing at which the governing board may approve it.

The draft Plan should be published for public review on the applicant’s website.
e. The Resolution adopting the Plan should specifically identify the activities the Local government plans to engage in. The Resolution is required to be submitted as part of the application. The Resolution must specifically state the eligible activities from the Plan application.
f. The following information is required for each proposed Activity:
i. A detailed description of each Activity, pursuant to Section 301 and the percentage of funding being allocated to it. The description must include the percentage, if any, directed to Affordable Owner-Occupied Workforce Housing (AOWH).
ii. The projected number of households to be served at each income level and a comparison to the unmet share of the Regional Housing Needs Allocation at each income level.
iii. A description of major steps/actions and a proposed schedule required for the implementation and completion of the Activity.
iv. The period of affordability for each Activity. Rental Projects are required to have an affordability period of at least 55 years.

9. The Plan shall be for a term of five years, illustrating how the allocations from 2019, 2020, 2021, 2022, and 2023 will be used. Refer to instructions in the Plan tab of the PLHA Application form.

10. If funds are used for acquisition, construction, or rehabilitation of for-sale housing projects or units within for-sale housing projects, then a deed restriction shall be recorded against the property as described in Section 302(c)(6)(A-C).

11. If funds are proposed to be used for development of an Affordable Rental Housing Development, a certification is required that the Local government shall make the

Department of Housing and Community Development 10
Permanent Local Housing Allocation
2021 Entitlement and Non-Entitlement Local government Formula Allocation NOFA PLHA assistance in the form of a low-interest, deferred loan to the Sponsor of the Project. The loan must be evidenced through a Promissory Note secured by a Deed of Trust, and a Regulatory Agreement is required to restrict occupancy and rents in accordance with the Local government’s approved underwriting of the Project for a term of at least 55 years.

12. I f any activity in the five-year Plan consists of loans being made to a homebuyer, homeowner, developer or owner of a project, a Program income reuse plan describing how repaid PLHA loans will be used for eligible activities specified in Section 301 must be included in the application. This reuse plan must also describe how interest earned from PLHA funds deposited in a Local government interest-bearing account will be used for eligible PLHA activities.

H. A dministration and reporting requirements
A grantee of the PLHA funds must meet the administration requirements set forth in Guidelines Sections 500 and 501, and reporting requirements in Section 503.

III. A pplication submission and review procedures
Applications must be on the Department’s forms and cannot be altered or modified by the Applicant. Excel forms must be in Excel format and 'saved as' .xls or .xlsx. Do not 'save as' .xlsm or .pdf format. Applications that do not meet the program requirements stated in this NOFA will not be eligible for funding. Application forms are available for download on the PLHA webpage.

A. Application submission process
Applications must be submitted electronically to the Department’s website.

Requirements for uploading the Application Workbook and required supporting documentation, including naming conventions, are described in the application instructions available at https://www.hcd.ca.gov/grants-funding/active- funding/plha.shtml. The submittal portal will be available beginning May 6, 2021.

Applicants must upload all application materials to the Department’s website. The application portal is open beginning on May 6, 2021 through 11:59 p.m. Pacific Standard Time on December 31, 2021. Please note that the on-line support and technical assistance closes at 5:00 p.m. Pacific Standard Time on December 31, 2021.

Personal deliveries will not be accepted. No facsimiles, incomplete applications, application revisions, or walk-in application packages will be accepted. Applications that do not meet the filing deadline requirements will not be eligible for funding.

It is the Applicant’s responsibility to ensure that the application is clear, complete, and accurate. The Department may request additional clarifying information and/or inquire as to where in the application specific information is located. However, missing and/or forgotten application information or documentation may cause the application not to pass threshold.

Department of Housing and Community Development 11
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2021 Entitlement and Non-Entitlement Local government Formula Allocation NOFA Those Applicants that are notified they did not pass threshold requirements will have the opportunity to submit the necessary documentation prior to the NOFA closing date.

B. Application Workshops
Applicants are strongly encouraged to attend a PLHA webinar to gain information critical for preparing the application, which will be discussed at the webinar. PLHA webinar dates and times, are located on the Department’s PLHA webpage.

IV. Appeals
A. B asis of appeals

1. U pon receipt of the Department’s notice that an application has been determined to be incomplete, ineligible, or fail threshold review, Applicants may appeal such decision(s) to the Department pursuant to this section.

2. N o Applicant shall have the right to appeal a decision of the Department relating to another Applicant’s eligibility, point score, award, denial of award, or any other matter related thereto.

3. T he appeal process provided herein applies solely to decisions of the Department made in this NOFA and does not apply to any decisions made with respect to any previously issued NOFAs or decisions to be made pursuant to future NOFAs.

B. A ppeal process and deadlines

1. Process. In order to file an appeal, an Applicant must submit a written appeal to the Department, which states all relevant facts, arguments, and evidence upon which the appeal is based. Furthermore, the Applicant must provide a detailed description of how the application is complete, eligible or meets threshold requirements, as applicable, or provide additional information to resolve the Department’s determination. Appeals are to be submitted to the Department at [email protected] according to the deadline set forth in Department review letters.

2. Filing deadline. Appeals must be received by the Department no later than five (5) business days from the date of the Department’s threshold review letter representing the Department’s decision made in response to the application.

C. D ecisions
Any request to appeal the Department’s decision regarding an application shall be reviewed for compliance with the Guidelines and this NOFA. All decisions rendered shall be final, binding, and conclusive, and shall constitute the final action of the Department.

D. Award announcements and contracts
The Department will review applications as they are received and will make awards as follows:

Department of Housing and Community Development 12
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2021 Entitlement and Non-Entitlement Local government Formula Allocation NOFA x For local Governments that have previously received an award and are applying for a new allocation of calendar year 2020 funds, awards will be made within 60 days of receipt.
x For Local Governments that have not previously received an award, those applications will be reviewed, and awards made at the end of each quarter beginning in July 2021 with subsequent awards made in October 2021 and January 2021. Award recommendations will be posted on the PLHA webpage.

V. O ther state requirements
A. P et Friendly Housing Act of 2017
Housing funded through this program is subject to the Pet Friendly Housing Act of 2017 (HSC Section 50466). Each awardee will be required to submit a signed and dated certification that residents of the program-funded Housing development will be authorized to own or otherwise maintain one or more common household pets as required by HSC Section 50466. Pursuant to this statute, “common household pet” means a domesticated animal, such as a dog or cat, commonly kept in the home for pleasure rather than for commercial purposes.

B. A ccessibility and non-discrimination
All projects or programs shall adhere to the accessibility requirements set forth in California Building Code Chapter 11A and 11B and the Americans with Disabilities Act (ADA), Title II. In addition, projects or programs shall adhere to either the Uniform Federal Accessibility Standards, 24 CFR Part 8, or HUD's modified version of the 2010 ADA Standards for Accessible Design (Alternative 2010 ADAS), HUD-2014-0042-0001, 79 F.R. 29671 (5/27/14) (commonly referred to as "the Alternative Standards" or "HUD Deeming Memo"). Accessible units shall, to the maximum extent feasible and subject to reasonable health and safety requirements, be distributed throughout the project and be available in a sufficient range of sizes and amenities consistent with 24 CFR Section 8.26.

Recipients shall adopt a written non-discrimination policy requiring that no person shall, on the grounds of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, age, medical condition, genetic information, citizenship, primary language, immigration status (except where explicitly prohibited by federal law), arbitrary characteristics, and all other classes of individuals protected from discrimination under state or federal fair housing laws, individuals perceived to be a member of any of the preceding classes, or any individual or person associated with any of the preceding classes be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity funded in whole or in part with program funds made available pursuant to this NOFA.

Recipients shall comply with the requirements contained in the ADA, the Fair Housing Amendments Act, the California Fair Employment and Housing Act, the Unruh Act, GC Section 11135, Section 504 of the Rehabilitation Act, and regulations promulgated Department of Housing and Community Development 13
Permanent Local Housing Allocation
2021 Entitlement and Non-Entitlement Local government Formula Allocation NOFA pursuant to those statutes, including 24 CFR Part 100, 24 CFR Part 8, and 28 CFR Part 35, in all of the Sponsor's activities.

VI. Other terms and conditions
A. Right to modify or suspend
The Department reserves the right, at its sole discretion, to suspend, amend, or modify the provisions of this NOFA at any time, including, without limitation, the amount of funds available hereunder. If such an action occurs, the Department will notify all interested parties and will post the revisions to the Department’s website.

B. Disclosure of application
Information provided in the application will become a public record and available for review by the public, pursuant to the California Public Records Act (GC Section 6250 et seq.). As such, any materials provided will be disclosed to any person making a request under this Act. The Department cautions Applicants to use discretion in providing information not specifically requested, including, but not limited to, bank account numbers, personal phone numbers, and home addresses. By providing this information to the Department, the Applicant is waiving any claim of confidentiality and consents to the disclosure of submitted material upon request.

C. Conflicts
In the event of any conflict between the terms of this NOFA and either applicable state or federal law or regulation, the terms of the applicable state or federal law or regulation shall control. Applicants are deemed to have fully read and understand all applicable state and federal laws, and regulations pertaining to PLHA, and understand and agree that the Department shall not be responsible for any errors or omissions in the preparation of this NOFA.

Department of Housing and Community Development
Permanent Local Housing Allocation
2021 Entitlement and Non-Entitlement Local government Formula Allocation NOFA

APPENDICES
Appendix A
Entitlement and Non-Entitlement Local Government Formula Allocation for Calendar years 2019 and 2020.

Please refer to Section II.A. Eligible Applicants for a discussion of the definition of Non-Entitlement Local government.

Entitlement Local government Non-Entitlement Local government Local
government
Funding
Amount 2019
Funding
Amount 2020
Local
government
Funding
Amount 2019
Funding
Amount 2020
Alameda $868,493 Alpine County $68,065 $106,216
Alameda County $1,451,516 Alturas $79,305 $123,577
Alhambra $723,731 Amador City $65,861 $100,869
Aliso Viejo $119,177 $185,238 Amador County $134,185 $203,299 Anaheim $3,349,981 American Canyon $117,435 $178,785
Antioch $612,764 Anderson $103,770 $163,160
Apple Valley $446,959 Angels $81,289 $127,049
Bakersfield $2,690,358 Arcata $176,062 $284,687
Baldwin Park $758,781 Artesia $135,728 $204,479
Bellflower $798,332 Arvin $220,799
Berkeley $2,010,631 Atwater $158,209 $247,535
Buena Park $573,917 Auburn $119,859 $185,382
Burbank $741,688 Avenal $104,652 $168,021
Camarillo $210,382 Benicia $141,459 $222,187
Carlsbad $272,582 $423,678 Biggs $70,710 $109,341
Carson $414,730 $644,619 Bishop $83,713 $132,952
Cathedral City $440,217 Blue Lake $68,285 $105,521
Cerritos $109,213 $169,751 Brawley $151,156 $240,243
Chico $390,348 $606,721 Butte County $333,428 $494,061 Chino $249,365 $387,590 Calaveras County $206,477 $332,604 Chino Hills $275,556 Calexico $203,832 $307,951
Chula Vista $1,646,765 Calimesa $88,783 $138,507
Citrus Heights $486,125 Calipatria $77,101 $120,452
Clovis City $365,609 $568,270 Calistoga $85,256 $133,646 Compton $769,720 $1,196,383 Capitola $105,092 $180,868 Concord $488,785 $759,724 Carmel-by-the-
Sea $81,950 $130,174
Contra Costa
County $2,170,178 $3,373,129 Chowchilla $164,202
Corona $904,613 Clearlake $145,867 $208,993
Costa Mesa $821,579 Coalinga $165,243
Cupertino City $165,510 $257,254 Colfax $72,032 $113,855 
Department of Housing and Community Development
Permanent Local Housing Allocation
2021 Entitlement and Non-Entitlement Local government Formula Allocation NOFA Entitlement Local government Non-Entitlement Local government Local
government
Funding
Amount 2019
Funding
Amount 2020
Local
government
Funding
Amount 2019
Funding
Amount 2020
Daly City $795,529 Colusa $85,917 $135,035
Davis $470,837 Colusa County $83,493 $136,077
Delano City $505,344 Corcoran $113,908 $178,438
Downey $520,279 $808,676 Corning $92,529 $143,368
El Cajon $645,382 $1,003,123 Crescent City $80,848 $125,660 El Centro $245,998 $382,358 Del Norte County $140,797 $210,729 El Monte $1,316,954 Dinuba $224,965
Elk Grove $439,787 $683,565 Dixon $115,451 $189,896
Encinitas $156,044 $242,541 Dorris $66,522 $103,785
Escondido $842,911 $1,310,146 Dos Palos $82,832 $120,799 Fairfield $607,595 Dunsmuir $72,032 $111,424
Fontana $1,524,968 El Centro
(Colonia Only) $216,175 $311,076
Fountain Valley $144,608 $224,766 El Dorado County $729,477 Fremont $996,561 Etna $67,183 $105,521
Fresno $5,296,470 Eureka $187,522 $299,270
Fresno County $2,554,272 Exeter $149,966
Fullerton $1,070,068 Farmersville $154,827
Garden Grove $1,545,517 Ferndale $71,150 $108,994
Gardena $329,877 $512,732 Firebaugh $95,395 $144,410
Gilroy City $244,259 $379,654 Fort Bragg $106,856 $163,507 Glendale $867,025 $1,347,626 Fort Jones $69,167 $106,910 Glendora City $130,258 $202,461 Fortuna $108,619 $171,840 Goleta $146,129 Fowler $81,069 $126,355
Hanford $459,249 Glenn County $164,549
Hawthorne $952,511 Grass Valley $221,146
Hayward $1,012,998 Greenfield $139,916 $211,076
Hemet $625,665 Gridley $92,529 $144,410
Hesperia $505,777 $786,135 Grover Beach $199,271
Huntington Beach $852,531 Guadalupe $101,125 $160,035
Huntington Park $651,678 $1,012,910 Gustine $73,575 $118,021 Indio City $708,706 Hidden Hills $71,371 $111,077
Inglewood $735,776 $1,143,625 Hollister $180,249 $280,173 Irvine $1,178,131 Holtville $82,611 $131,563
Kern County $3,357,845 Humboldt County $520,797
La Habra $604,420 Huron $153,438
La Mesa $293,468 Imperial $91,427 $147,535
Laguna Niguel $153,414 $238,454 Imperial County $173,858 $260,034 Lake Elsinore $386,288 Indian Wells $88,783 $135,730
Lake Forest $221,070 $343,611 Industry $65,596 $101,632 
Department of Housing and Community Development
Permanent Local Housing Allocation
2021 Entitlement and Non-Entitlement Local government Formula Allocation NOFA Entitlement Local government Non-Entitlement Local government Local
government
Funding
Amount 2019
Funding
Amount 2020
Local
government
Funding
Amount 2019
Funding
Amount 2020
Lakewood $270,847 $420,981 Inyo County $103,770 $166,285 Lancaster $1,080,020 Ione $75,338 $118,716
Livermore $324,137 Jackson $87,460 $133,299
Lodi $522,660 King City $205,868
Lompoc $227,027 $352,871 Kings County $163,499 $249,965 Long Beach $4,549,129 Lake County $241,741 $360,728
Los Angeles $40,753,337 Lakeport $79,305 $126,702
Los Angeles
County $17,136,461 Lassen County $102,007 $155,868
Lynwood $981,371 Lemoore $145,205 $217,326
Madera $422,319 $656,414 Lincoln $203,171 $314,201
Marin County $1,127,763 Lindsay $189,201
Menifee $391,071 Live Oak $89,664 $132,952
Merced $518,719 $806,250 Livingston $108,839 $172,882
Milpitas City $238,595 $370,850 Loomis $81,730 $123,577 Mission Viejo $321,250 Los Banos $188,184 $292,326
Modesto $1,507,287 Loyalton $67,624 $105,521
Montebello $316,758 $492,340 Madera County $273,920 $429,131 Monterey $180,952 Mammoth Lakes $81,730 $123,924
Monterey County $1,007,784 Maricopa $66,742 $105,869
Monterey Park $318,871 $495,625 Marina $157,548 $235,382 Moreno Valley $1,600,642 Mariposa County $197,882
Mountain View $256,551 $398,761 Marysville $169,063
Napa City $494,597 McFarland $112,806 $174,618
National City $611,141 Mendocino
County $349,958 $527,394
Newport Beach $169,613 $263,631 Merced County $508,297 Norwalk $592,762 $921,336 Modoc County $76,440 $120,105 Oakland $5,757,902 Mono County $77,101 $113,855
Oceanside $1,008,982 Montague $68,726 $105,174
Ontario $1,429,994 Mount Shasta $89,885 $141,285
Orange $944,217 Napa County $220,451
Orange County $1,977,337 Nevada City $129,480
Oxnard $1,800,557 Nevada County $465,936
Palm Desert $266,263 Orange Cove $101,345 $156,563
Palm Springs $298,796 Orland $141,285
Palmdale $1,210,906 Oroville $213,160
Palo Alto $231,496 $359,817 Pacific Grove $198,924
Paradise $93,596 $145,477 Palos Verdes
Estates $96,717 $157,257
Paramount City $438,197 $681,094 Parlier $199,965

Department of Housing and Community Development
Permanent Local Housing Allocation
2021 Entitlement and Non-Entitlement Local government Formula Allocation NOFA Entitlement Local government Non-Entitlement Local government Local
government
Funding
Amount 2019
Funding
Amount 2020
Local
government
Funding
Amount 2019
Funding
Amount 2020
Pasadena $1,454,952 Pismo Beach $99,582 $157,604
Perris City $725,136 Placer County $695,449
Petaluma $184,357 $286,548 Placerville $110,823 $173,924 Pico Rivera $338,973 $526,870 Plumas County $187,118
Pittsburg $317,683 $493,778 Plymouth $67,404 $104,757
Placentia $333,825 Point Arena $67,404 $103,785
Pleasanton City $151,089 $234,839 Portola $75,338 $119,757 Pomona $1,660,695 Rancho Mirage $172,094 $282,257
Porterville $532,745 Red Bluff $124,047 $189,201
Rancho Cordova
City $285,366 $443,548 Rio Dell $79,085 $118,716
Rancho
Cucamonga $450,476 $700,179 Rio Vista $96,276 $149,271 Rancho Santa
Margarita $157,602 Riverbank $193,021
Redding $523,513 San Benito
County $121,182 $175,313
Redondo Beach $130,830 $203,351 San Joaquin $78,644 $123,924 Redwood City $540,463 San Juan Bautista $75,999 $114,549 Rialto $597,786 $929,145 San Juan
Capistrano $236,452 $359,687
Riverside $2,521,285 Sand City $67,139 $104,063
Riverside County $6,211,287 Santa Cruz
County $895,101
Rocklin City $209,270 Scotts Valley $103,770 $166,979
Rosemead $343,238 $533,498 Shasta County $286,924 $481,214 Roseville $487,069 Shasta Lake $102,227 $161,424
Sacramento $3,663,612 Sierra County $67,624 $110,382
Sacramento
County $4,229,006 Siskiyou County $212,812
Salinas $1,564,952 Solano County $201,701
San Bernardino $2,521,132 Soledad $120,961 $188,160
San Bernardino
County $5,376,577 Sonora $91,427 $138,507
San Buenaventura $555,571 South Lake
Tahoe $264,548
San Clemente $189,040 $293,827 St. Helena $89,003 $137,118 San Diego $8,999,738 Suisun City $154,683 $222,187
San Diego County $3,077,481 Susanville $93,191 $141,632 San Francisco $13,550,527 Sutter County $181,910
San Joaquin
County $2,036,447 Sutter Creek $78,644 $121,841
San Jose $6,759,142 Taft $90,546 $140,591

Department of Housing and Community Development
Permanent Local Housing Allocation
2021 Entitlement and Non-Entitlement Local government Formula Allocation NOFA Entitlement Local government Non-Entitlement Local government Local
government
Funding
Amount 2019
Funding
Amount 2020
Local
government
Funding
Amount 2019
Funding
Amount 2020
San Leandro $543,946 Tehama $65,596 $101,632
San Luis Obispo
County $1,356,138 Tehama County $186,685 $318,784
San Marcos City $319,178 $496,102 Trinidad $66,081 $101,702 San Mateo $531,409 Trinity County $121,622 $186,424
San Mateo County $1,880,016 Truckee $162,466
Santa Ana $4,357,828 Tulare County $966,281
Santa Barbara $704,272 Tulelake $68,506 $106,563
Santa Barbara
County $885,625 Tuolumne County $242,182 $368,367
Santa Clara $479,491 $745,278 Ukiah $129,777 $199,618
Santa Clara
County $736,733 $1,145,111 Vernon $65,376 $100,591
Santa Clarita $588,259 $914,338 Wasco $135,508 $205,174 Santa Cruz $411,495 Weed $76,661 $120,105
Santa Maria $1,140,042 Westmorland $72,693 $113,507
Santa Monica $851,010 Wheatland $72,032 $110,035
Santa Rosa $1,079,196 Williams $80,848 $126,355
Santee $134,374 $208,859 Willits $92,309 $137,813
Seaside $193,124 $300,175 Willows $140,243
Simi Valley $451,305 Winters $136,077
Sonoma County $1,397,936 Woodlake $136,424
South Gate $1,121,154 Yolo County $222,882
South San
Francisco $338,809 Yountville $81,069 $127,049
Stanislaus County $1,795,199 Yreka $102,007 $154,827
Stockton $2,660,093 Yuba County $412,812
Sunnyvale $533,023 $828,483
Temecula $424,938
Thousand Oaks $460,139
Torrance $444,374 $690,696
Tulare $494,944
Turlock $309,854 $481,610
Tustin $599,257
Union City $394,694
Upland $431,845
Vacaville $240,500 $373,812
Vallejo $785,500
Ventura County $1,336,317
Victorville $983,520
Visalia $980,482

Department of Housing and Community Development
Permanent Local Housing Allocation
2021 Entitlement and Non-Entitlement Local government Formula Allocation NOFA Entitlement Local government Non-Entitlement Local government Local
government
Funding
Amount 2019
Funding
Amount 2020
Local
government
Funding
Amount 2019
Funding
Amount 2020
Vista $635,530
Walnut Creek $215,193
Watsonville $362,515 $563,461
West Covina $388,763 $604,258
West Sacramento $236,679 $367,872
Westminster $793,596
Whittier $595,595
Woodland $387,006
Yorba Linda $165,580
Yuba City $483,607


Department of Housing and Community Development
Permanent Local Housing Allocation
2021 Entitlement and Non-Entitlement Local government Formula Allocation NOFA Appendix B
List of High-cost Areas in California
High-cost Area by
County
High-cost Area pursuant to Federal
Housing Finance Agency’s Maximum
Loan Limits for Mortgages Acquired
in Calendar Year 2020
High-cost Area pursuant to
Department of Housing and Urban
Development Very Low-Income
Adjustments due to High-Housing
Cost for Fiscal Year 2020-21
Alameda x
Contra Costa x
El Dorado x
Imperial x
Los Angeles x
Madera x
Marin x
Merced x
Monterey x
Napa x
Orange x
Placer x
Sacramento x
San Benito x
San Diego x
San Francisco x
San Luis Obispo x
San Mateo x
Santa Barbara x
Santa Clara x
Santa Cruz x
Solano x
Sonoma x
Tulare x
Ventura x
Yolo x

Department of Housing and Community Development
Permanent Local Housing Allocation
2021 Entitlement and Non-Entitlement Local government Formula Allocation NOFA Appendix C
Estimate of Five-Year PLHA Allocation for Entitlement and Non-Entitlement Local government
Entitlement Local government Non-Entitlement Local government Local government Estimate 5-Year
Funding Amount Local government Estimate 5-Year
Funding Amount
Alameda $3,352,590 Alpine County $408,390
Alhambra $2,793,768 Alturas $475,835
Aliso Viejo $715,062 Amador City $395,168
Anaheim $12,931,710 Amador County $805,115
Antioch $2,365,410 American Canyon $704,612
Apple Valley $1,725,366 Anderson $622,622
Bakersfield $10,385,412 Angels $487,737
Baldwin Park $2,929,068 Arcata $1,056,372
Bellflower $3,081,744 Artesia $814,372
Berkeley $7,761,504 Arvin $831,563
Buena Park $2,215,452 Atwater $949,257
Burbank $2,863,092 Auburn $719,158
Camarillo $812,124 Avenal $627,912
Carlsbad $1,635,492 Benicia $848,754
Carson $2,488,380 Biggs $424,261
Cathedral City $1,699,338 Bishop $502,283
Cerritos $655,278 Blue Lake $409,715
Chico $2,342,088 Brawley $906,940
Chino $1,496,190 Butte County $2,000,572
Chino Hills $1,063,710 Calaveras County $1,238,865
Chula Vista $6,356,898 Calexico $1,222,996
Citrus Heights $1,876,554 Calimesa $532,699
Clovis City $2,193,654 Calipatria $462,611
Compton $4,618,320 Calistoga $511,540
Concord $2,932,710 Capitola $630,557
Corona $3,492,018 Carmel-by-the-Sea $491,704
Costa Mesa $3,171,486 Chowchilla $662,295
Cupertino City $993,060 Clearlake $875,203
Daly City $3,070,926 Coalinga $618,655
Davis $1,817,544 Colfax $432,196
Delano City $1,950,744 Colusa $515,507
Downey $3,121,674 Colusa County $500,961
El Cajon $3,872,292 Corcoran $683,453
El Centro $1,475,988 Corning $555,180
Elk Grove $2,638,722 Crescent City $485,092
El Monte $5,083,752 Del Norte County $844,787

Department of Housing and Community Development
Permanent Local Housing Allocation
2021 Entitlement and Non-Entitlement Local government Formula Allocation NOFA Entitlement Local government Non-Entitlement Local government Local government Estimate 5-Year
Funding Amount Local government Estimate 5-Year
Funding Amount
Encinitas $936,264 Dinuba $889,749
Escondido $5,057,466 Dixon $692,710
Fairfield $2,345,460 Dorris $399,135
Fontana $5,886,732 Dos Palos $496,994
Fountain Valley $867,648 Dunsmuir $432,196
Fremont $3,846,960 El Centro $1,297,051
Fresno $20,445,618 El Dorado County $2,879,974
Fullerton $4,130,712 Etna $403,103
Gardena $1,979,262 Eureka $1,125,138
Garden Grove $5,966,058 Exeter $586,917
Gilroy City $1,465,554 Farmersville $589,562
Glendale $5,202,150 Ferndale $426,906
Glendora City $781,548 Firebaugh $572,371
Goleta $564,090 Fort Bragg $641,136
Hanford $1,772,808 Fort Jones $415,004
Hawthorne $3,676,914 Fortuna $651,715
Hayward $3,910,410 Fowler $486,414
Hemet $2,415,216 Glenn County $641,136
Hesperia $3,034,662 Grass Valley $813,049
Huntington Beach $3,290,970 Greenfield $839,497
Huntington Park $3,910,068 Gridley $555,180
Indio City $2,735,772 Grover Beach $727,093
Inglewood $4,414,656 Guadalupe $606,754
Irvine $4,547,862 Gustine $441,452
Laguna Niguel $920,484 Hidden Hills $428,228
La Habra $2,333,202 Hollister $1,081,498
Lake Forest $1,326,420 Holtville $495,671
Lake Elsinore $1,491,162 Humboldt County $2,066,693
Lakewood $1,625,082 Huron $597,497
La Mesa $1,132,854 Imperial $548,568
Lancaster $4,169,130 Imperial County $1,043,148
Livermore $1,251,240 Indian Wells $532,699
Lodi $2,017,590 Industry $393,581
Lompoc $1,362,162 Inyo County $622,622
Long Beach $17,560,704 Ione $452,032
Los Angeles $157,317,438 Jackson $524,764
Lynwood $3,788,322 King City $805,115
Madera $2,533,914 Kings County $980,995
Menifee $1,509,624 Lake County $1,450,450
Merced $3,112,314 Lakeport $475,835
Milpitas City $1,431,570 Lassen County $612,043
Mission Viejo $1,240,098 Lemoore $871,235

Department of Housing and Community Development
Permanent Local Housing Allocation
2021 Entitlement and Non-Entitlement Local government Formula Allocation NOFA Entitlement Local government Non-Entitlement Local government Local government Estimate 5-Year
Funding Amount Local government Estimate 5-Year
Funding Amount
Modesto $5,818,482 Lincoln $1,219,029
Montebello $1,900,548 Lindsay $703,289
Monterey $698,514 Live Oak $537,988
Monterey Park $1,913,226 Livingston $653,038
Moreno Valley $6,178,854 Loomis $490,382
Mountain View $1,539,306 Los Banos $1,129,105
Napa City $1,909,260 Loyalton $405,747
National City $2,359,146 Madera County $1,643,522
Newport Beach $1,017,678 Mammoth Lakes $490,382
Norwalk $3,556,572 Maricopa $400,458
Oakland $22,226,850 Marina $945,290
Oceanside $3,894,906 Mariposa County $770,732
Ontario $5,520,108 Marysville $662,295
Orange $3,644,898 McFarland $676,841
Oxnard $6,950,574 Mendocino County $2,099,753
Palmdale $4,674,384 Merced County $1,865,687
Palm Desert $1,027,836 Modoc County $458,644
Palm Springs $1,153,422 Mono County $462,611
Palo Alto $1,388,976 Montague $412,359
Paradise $561,576 Mount Shasta $539,311
Paramount City $2,629,182 Napa County $859,334
Pasadena $5,616,456 Nevada City $473,190
Perris City $2,799,192 Nevada County $1,837,916
Petaluma $1,106,142 Orange Cove $608,076
Pico Rivera $2,033,838 Orland $555,180
Pittsburg $1,906,098 Oroville $822,306
Placentia $1,288,644 Pacific Grove $712,546
Pleasanton City $906,534 Palos Verdes Estates $580,305 Pomona $6,410,670 Parlier $801,148
Porterville $2,056,524 Pismo Beach $597,497
Rancho Cordova City $1,712,196 Placer County $2,730,542 Rancho Cucamonga $2,702,856 Placerville $664,940
Rancho Santa Margarita $608,376 Plumas County $727,093 Redding $2,020,884 Plymouth $404,425
Redondo Beach $784,980 Point Arena $404,425
Redwood City $2,086,314 Portola $452,032
Rialto $3,586,716 Rancho Mirage $1,032,569
Riverside $9,732,750 Red Bluff $744,284
Rocklin City $807,828 Rio Dell $474,513
Rosemead $2,059,428 Rio Vista $577,661
Roseville $1,880,196 Riverbank $732,382
Sacramento $14,142,402 San Benito County $727,093

Department of Housing and Community Development
Permanent Local Housing Allocation
2021 Entitlement and Non-Entitlement Local government Formula Allocation NOFA Entitlement Local government Non-Entitlement Local government Local government Estimate 5-Year
Funding Amount Local government Estimate 5-Year
Funding Amount
Salinas $6,041,082 San Joaquin $471,868
San Bernardino $9,732,162 San Juan Bautista $455,999
San Clemente $1,134,240 San Juan Capistrano $1,418,712 San Diego $34,741,098 Sand City $402,838
San Francisco $52,308,210 Santa Cruz County $3,395,713 San Jose $26,091,876 Scotts Valley $622,622
San Leandro $2,099,760 Shasta County $1,721,544
San Marcos City $1,915,068 Shasta Lake $613,366
San Mateo $2,051,364 Sierra County $405,747
Santa Ana $16,822,236 Siskiyou County $852,722
Santa Barbara $2,718,654 Solano County $769,410
Santa Clara $2,876,946 Soledad $725,770
Santa Clarita $3,529,554 Sonora $548,568
Santa Cruz $1,588,464 South Lake Tahoe $994,219
Santa Maria $4,400,826 St. Helena $534,021
Santa Monica $3,285,096 Suisun City $928,099
Santa Rosa $4,165,950 Susanville $559,147
Santee $806,244 Sutter County $698,000
Seaside $1,158,744 Sutter Creek $471,868
Simi Valley $1,742,142 Taft $543,278
South Gate $4,327,920 Tehama $393,581
South San Francisco $1,307,880 Tehama County $1,120,113 Stockton $10,268,580 Trinidad $396,491
Sunnyvale $3,198,138 Trinity County $729,738
Temecula $1,640,358 Truckee $627,912
Thousand Oaks $1,776,240 Tulare County $3,501,506
Torrance $2,666,244 Tulelake $411,037
Tulare $1,910,598 Tuolumne County $1,453,095
Turlock $1,859,124 Ukiah $778,667
Tustin $2,313,270 Vernon $392,259
Union City $1,523,610 Wasco $813,049
Upland $1,667,022 Weed $459,966
Vacaville $1,443,000 Westmorland $436,163
Vallejo $3,032,214 Wheatland $432,196
San Buenaventura $2,144,634 Williams $485,092
Victorville $3,796,620 Willits $553,857
Visalia $3,784,890 Willows $561,792
Vista $2,453,292 Winters $532,699
Walnut Creek $830,694 Woodlake $539,311
Watsonville $2,175,090 Yolo County $819,661
West Covina $2,332,578 Yountville $486,414
Westminster $3,063,462 Yreka $612,043

Department of Housing and Community Development
Permanent Local Housing Allocation
2021 Entitlement and Non-Entitlement Local government Formula Allocation NOFA Entitlement Local government Non-Entitlement Local government Local government Estimate 5-Year
Funding Amount Local government Estimate 5-Year
Funding Amount
West Sacramento $1,420,074 Yuba County $1,634,265
Whittier $2,299,140
Woodland $1,493,934
Yorba Linda $639,174
Yuba City $1,866,840
Alameda County $5,603,190
Contra Costa County $13,021,068
Fresno County $9,860,088
Kern County $12,962,064
Los Angeles County $66,150,756
Marin County $4,353,426
Monterey County $3,890,280
Orange County $7,632,984
Riverside County $23,977,026
Sacramento County $16,324,956
San Bernardino County $20,754,846
San Diego County $11,879,796
San Joaquin County $7,861,158
San Luis Obispo County $5,235,012
San Mateo County $7,257,300
Santa Barbara County $3,418,722
Santa Clara County $4,420,398
Sonoma County $5,396,358
Stanislaus County $6,929,892
Ventura County $5,158,494

Department of Housing and Community Development
Permanent Local Housing Allocation
2021 Entitlement and Non-Entitlement Local government Formula Allocation NOFA Appendix D
Ineligible Jurisdictions Due to Housing Element Requirement and/or Annual Progress Report (APR) Requirement stated in Guidelines Section 302(a) and (b) As of the date of this notice, 11 jurisdictions are not in compliance with the Housing Element and/or Housing Element Annual Progress Report (APR) Requirements stated in Guidelines Section 302(a) and (b). PLHA is an over-the-counter program, so as these jurisdictions reach compliance with the Housing Element and APR requirements, they will be eligible for these funds.

We acknowledge that many jurisdictions listed below are in process of obtaining compliance, and they will be eligible for this program once compliance is obtained during the application period.

Jurisdictions Housing Element Compliance
Status APRs
Alpine County Out
Amador City Out Not Received
Blue Lake Out Not Received
Corning Out (Review Pending)
Dos Palos Out
Huntington Park Out OK
Loyalton Out (Review Pending) Not Received
Maricopa Out
Marina Out
Modoc County Out (Review Pending)
Westmorland Out OK
Please note – the information provided above is current as of March 16, 2021.

Please contact Paul McDougall, Housing Policy Manager, at [email protected] with questions or to verify status of Housing Element Compliance.

For questions about APR compliance, please email [email protected].