MEMORANDUM OF UNDERSTANDING
between
STANISLAUS COUNCIL OF GOVERNMENTS (StanCOG),
and
CITY OF PATTERSON
FOR
SUBALLOCATION OF REGIONAL EARLY ACTION PLANNING (REAP) FUNDS This Memorandum of Understanding (“MOU”) is dated October 4, 2022, for reference purposes, by and between the Stanislaus Council of Governments, a joint powers authority established under California Government Code section 6500 et seq., (hereinafter “StanCOG”) and the City of Patterson (hereinafter “Sub-Recipient”) for suballocation of Regional EarlyAction Planning (REAP) grant funds. StanCOG and the Sub-Recipient are individually referred to herein as “Party” and may be collectively referred to herein as “Parties”.
RECITALS
A. WHEREAS, the Stanislaus Council of Governments (StanCOG) is the Regional Transportation Planning Agency (RTPA) and Metropolitan Planning Organization (MPO) for the Stanislaus region, pursuant to State and Federal designation; and B. WHEREAS, pursuant to California Health and Safety Code section 50515.02, the State of California Department of Housing and Community Development (“HCD”) made available $125,000,000 in local government planning support grants to regional entities and working groups as outlined by the statute; and
C. WHEREAS, HCD released a Notice of Funding Availability (“NOFA”) for $118,750,000 for the Regional Early Action Planning Grant Program (REAP) to councils of governments and other regional entities with said funds to be released in three packages of funding; and
D. WHEREAS, pursuant to section 50515.02 of the Health and Safety Code, a San Joaquin Valley Multi Agency Working Group was formed in accordance with subdivision (c), consisting of the Fresno Council of Governments, the Kern Council of Governments, the Kings County Association of Governments, the Madera County Transportation Commission, the Merced County Association of Governments, the San Joaquin Council of Governments, the Stanislaus Council of Governments, and the Tulare County Association of Governments, representing the Counties of Fresno, Kern, Kings, Madera, Merced, San Joaquin, Stanislaus, and Tulare (the “SJV Working Group”); and
E. WHEREAS, HCD is authorized to provide up to $18,975,000 of REAP grant funds to the members of the SJV Working Group; and
F. WHEREAS, on August 14, 2020, HCD approved an allocation of $10,218,830.75 in grant funds (the “Initial Grant”) to the members of the SJV Working Group; and G. WHEREAS, a portion of the Initial Grant is available to the members of the SJV Working Group and the majority of the REAP Funds will be allocated to the local jurisdictions for compliance with Regional Housing Needs Allocation (“RHNA”) numbers that are developedto update the housing element of the local jurisdictions as well as other planning activities that would increase housing production; and
H. WHEREAS, the Initial Grant will be distributed in three separate funding packages and StanCOG is expected to receive approximately $415,000 and $1,065,000, as part of the first and third funding packages respectively, for a total of approximately $1,480,000 to be distributed to the local agencies; and
I. WHEREAS, on March 17, 2021, the StanCOG Policy Board approved by Resolution 20-27 the Regional Early Action Planning (REAP) Suballocation Methodology of funding by percent of population adjusted for a minimum funding floor of $35,000 dollars, effectively suballocating approximately $1,480,097.57 of the REAP grant funds (“Grant Funds”) to StanCOG’s local member agencies for funding their planning activities that will accelerate housing production and facilitate compliance in implementing the sixth cycle of RHNA; and
J. WHEREAS, the City of Patterson is to be suballocated $16,807.80 through the REAP Grant Funds as part of the first and third funding packages; and K. WHEREAS, HCD will release the third funding package to the SJV Working Group when it has been demonstrated to HCD’s satisfaction, with proper invoicing and tracking results, that the local agencies have conducted activities to advance housing-related planning activities and have properly spent funds of the first funding package; and L. WHEREAS, the Parties will amend this MOU or enter into a subsequent MOU to address the third funding package released by HCD; and
M. WHEREAS, StanCOG and its participating local member agencies (subrecipients) will only conduct activities that advance their housing element update in compliance with the sixth cycle of RHNA and any other housing-related planning activities that accelerate housing production and are eligible according to HCD’s requirements; and N. WHEREAS, technical assistance will be provided by StanCOG, or other members of the SJV Working Group; and
O. WHEREAS, the Sub-Recipient’s selected project manager, in coordination with StanCOG’s selected project manager, will ensure the Scope of Work is performed by the SubRecipient; and P. WHEREAS, the conditions described in this MOU will begin on the Effective Date and shall be completed by June 30, 2023.
NOW THEREFORE, in consideration of the mutual promises, covenants, terms and condition hereinafter contained, the Parties hereto agree as follows:
AGREEMENT
1. Recitals
The recitals above are hereby incorporated in this Memorandum of Understanding as if fully set forth herein.
2. Compliance with Laws:
Sub-Recipient must comply with all applicable Federal, State, local laws, codes, ordinances and regulations. Sub-Recipient must specifically comply with the provisions of California Health and Safety Code Sections 50515 et seq., outlined by California’s Department of Housing and Community Development 2020 Notice of Funding Availability (NOFA) for REAP.
Further, Sub-Recipient will require the appropriate debarment certification form from all contractors and Sub-Recipient certifies that it will not knowingly enter into any transaction witha contractor, subcontractor, material supplier, or vendor who is debarred, suspended, declared ineligible, or voluntarily excluded from covered transactions by any Federal or State agency.
3. Scope of Work
Sub-Recipient shall conduct the scope of work described in Exhibit “A”, “Scope of Work.” Sub-Recipient will not be compensated for activities outside the Scope of Work outlinedin Exhibit “A”, unless otherwise mutually agreed upon in writing by the Parties.
4. Maximum Contract Amount
The amount to be paid to Sub-Recipient under this MOU will not exceed Sixteen Thousand Eight Hundred Seven and 80/100 Dollars ($16,807.80), which amount represents SubRecipients allocation under HCD’s first funding package, unless agreed upon in advance by the Parties pursuant to a written amendment signed by the authorized signer for each party. In no instance will StanCOGbe liable for any payments or costs for work in excess of this amount, nor for any unauthorized or ineligible costs.
5. Invoices and Progress Reports
A. Not less frequently than quarterly, Sub-Recipient will provide StanCOG with both a written report on the progress made on the Scope of Work (Exhibit “A”) and an invoice for reimbursement. Invoices shall, at a minimum, be for the periods ending March, June, September and December of each fiscal year. Invoices for work completed through June 30 of a fiscal year must be submitted by July 30. Sub-Recipient shall submit written invoices by e-mail to StanCOG at [email protected]. Sub-Recipient shall also provide to StanCOG a copy of its annual progress report that is submitted to HCD annually in April. Sub- Recipient’s failure to comply with any of the reporting requirements in this MOU may impact the ability to receive future REAP Grant Funds.
B. Payments to Sub-Recipient hereunder will be made in arrears. Sub-Recipient shall be paid within thirty (30) days following the receipt and approval of each invoice by StanCOG. Sub-Recipient will submit a detailed and properly documented invoice on its letterhead for reimbursement which invoice will include the following: (i) a description of the work performed, (ii) name of Sub-Recipient and Consultant personnel performing the work; (iii) a detailed accounting of costs incurred, and (iii) evidence that Sub-Recipient has already incurred costs for the Project. Attached as Exhibit “B” is StanCOG’s matrix of required supporting documentation for Sub-Recipient’s invoices. Invoices for expenditures incurred prior to the Effective Date will not be reimbursed.
C. Sub-Recipient shall submit narrative reports indicating percentage of completion with each set of invoices to allow StanCOG’s Project Manager to determine if Sub-Recipient is performing to expectations, is on schedule, is within funding limitations, as well as to communicate interim findings, and to afford occasions for airing difficulties respecting special problems encountered so that remedies can be developed. Attached as Exhibit “C” is StanCOG’s Quarterly Reporting Form.
D. If the Sub-Recipient is seeking reimbursement for indirect costs, they must annually submit an Indirect Cost Allocation Plan (ICAP) or an Indirect Cost Rate Proposal (ICRP) to its cognizant agency for indirect costs in accordance with Title 2 Code of Federal Regulations Part 200 (2 CFR 200) Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. The cognizant agency for indirect costs means the agency responsible for reviewing, negotiating, and approving indirect cost allocation plans and indirect cost proposals. The Sub-Recipient must include their estimated indirect cost rate in the project application and provide a copy of the acceptance letter from their cognizant agency for the approved ICAP or ICRP for the current fiscal year. Indirect costs may be sought for reimbursement only after the Sub-Recipient has received ICAP/ICRP approval from its cognizant agency.
E. Sub-Recipient will be notified within ten (10) business days following receipt of its invoice by StanCOG of any circumstances or data identified by StanCOG in Sub-Recipient’s invoice that would cause withholding of approval and subsequent payment. If StanCOG disputes any portion of a request for payment, StanCOG shall pay the undisputed portion of such request as herein provided and shall promptly notify Sub-Recipient of the amount in dispute and the reason therefore.
F. Sub-Recipient will require its Consultants pay any subconsultants for satisfactorily completed work no later than thirty (30) days of receipt of each payment from theSub-Recipient, unless a longer period is agreed to in writing.
G. Any costs for which the Sub-recipient receives reimbursement that is determined by a subsequent audit or other review by either StanCOG, HCD or other State of California authorities to be ineligible or otherwise unallowable, are to be repaid by the Sub-Recipient within thirty (30) calendar days of the Sub-Recipient receiving notice of audit findings and penalties or related fees, as determined by HCD or other State authorities (Health and Safety Code section 50515.04(e)). Should the Sub-Recipient fail to reimburse unallowable costs to StanCOG within thirty (30) calendar days of demand, or within such other period as may be agreed between both parties hereto, StanCOG is authorized to withhold future payments due to the Sub-Recipient.
6. Term/Timeline
The term of this MOU shall begin on the “Effective Date” of this MOU which shall be the last date of execution by the parties hereto. All work identified in the Scope of Work must be completed by June 30, 2023, unless terminated earlier as provide herein. No extensions will be granted.
7. Allowable Uses of Grant Funds
A. StanCOG shall not award funds unless it is determined that the Grant Funds for the Sub-Recipient shall be expended in compliance with the 2020 Notice of Funding Availability (NOFA) for the REAP Grant Program pursuant to Division 31, Part 2, Chapter 3.1 of Health and Safety Code, Sections 50515 et seq.
B. Grant Funds shall only be used by Sub-Recipient for housing planning activities approved by StanCOG that are in accordance with the NOFA published by California Department of Housing and Community Development (HCD).
C. Grant Funds may not be used for administrative or staffing costs of persons employed by the Sub-Recipient for activities not related to the eligible housing planning activities, nor may these funds be used for consultants employed by Sub-Recipient for activities that are not related to the eligible housing planning activities.
D. Sub-Recipient shall use no more than three percent (3%) of its total Grant Funds or Two Thousand Five Hundred Dollars ($2,500.00), whichever is greater, for administrative costs and purposes related to eligible activities. For purposes of this MOU, administrative costs are defined as: preparing invoices and supporting documentation; preparing quarterly progress reports; and participating in project management meetings. Additional funds may be used from other sources solely contributed by the Sub-Recipient to support the Sub-Recipient’s administration of the project.
8. Accounting, Audit, Retention and Inspection of Records A. Sub-Recipient, its staff, contractors and subcontractors shall establish and maintain an accounting system and reports that properly accumulate incurred project costs by line.
The accounting system shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and providesupport for reimbursement payment voucher or invoices.
B. Sub-Recipient shall establish a separate ledger account for receipts and expenditure of the Grant Funds and maintain expenditure details in accordance with the Scope of Work, project Schedule and budget.
C. Sub-Recipient shall maintain documentation of its normal procurement policy and competitive bid process (including the use of sole source purchasing), and financial records of expenditures incurred during the course of the project in accordance with GAAP.
D. Sub-Recipient agrees that StanCOG, HCD and the State of California or their designated representative(s) shall have the right to review, obtain, copy and audit all books, records, accounts, documentation and any other materials, collectively “Records”, pertaining to the performance of this MOU.
E. Sub-Recipient agrees to provide StanCOG or its designee, HCD, or any other State or Federal agency, with any relevant information requested and will permit StanCOG or its designees access to its premises, upon reasonable notice, during normal business hours, for the purpose of interviewing employees and inspecting and copying such Records for the purpose of determining compliance with any applicable Federal and State laws and regulations.
F. Sub-Recipient agrees to maintain Records for a period of three (3) years after final payment under the MOU or three (3) years from the conclusion or resolution of any and all audits or litigation relevant to this MOU and any amendments, whichever is later. If any litigation, claim, negotiation, audit, monitoring, inspection or other action has been started beforethe expiration of the three (3) years after final payment under this MOU, all records must be retained by the Sub-Recipient, its contractors and subcontractors until completion of the action and resolution of all issues which arise from it. Records related to any and all audits or litigation relevant to this Agreement shall be retained for five (5) years after the conclusion or resolution of the matter. StanCOG and HCD shall have the right to audit Sub-Recipient Records and interview employees.
G. If requested by StanCOG upon expiration of this MOU, Sub-Recipient will deliver all Records relevant to the Scope of Work to be delivered to StanCOG as a depository.
9. Project Manager/Staffing
A. The Project Manager’s for the Parties are identified below. Sub-Recipient may not substitute its Project manager without prior written agreement by StanCOG, which agreement will not be unreasonably withheld. With the exception of notice of termination sent pursuant to Section 13, any notice, report or other communication required by this MOU will be mailed by first-class mail or e-mailed with confirmation of receipt to the respective Project Manager at the addresses identified below.
B. During the term of this MOU, the representative project managers for StanCOG and Sub-Recipient will be:
10. Subsequent MOUs
Sub-Recipient understands and agrees that subsequent MOUs may be necessary to facilitate the distribution of further grant funding from HCD under Division 31, Part 2, Chapter
3.1, section 50515 et seq. of the Health and Safety Code. The Sub-Recipient hereby commits to negotiate the terms and conditions of such subsequent MOUs in good faith, in order to achieve concurrence and ensure execution of same in a timely fashion.
11. Disputes
A. In the event of a dispute among the Parties concerning a question of fact arising under this MOU that is not disposed of by agreement, which involves a decision by HCD’s Housing Policy Development Manager (or the Manager’s designee) who may consider any written or verbal evidence submitted by StanCOG, the decisions of HCD shall be final and not StanCOG Sub-Recipient
Elisabeth Hahn
Deputy Director of Planning and
Programming
Joel Andrews
Stanislaus Council of Governments
1111 I Street, Suite 308
Modesto, CA 95354
Telephone: (209) 525-4632
Email:
[email protected]
City of Patterson
P.O. Box 667
Patterson, CA 95363
Telephone: (209) 895-8024
Email: [email protected]
subject to further appeal pursuant to Health and Safety Code Section 50515.04(g). StanCOG shall include in such submittal to HCD any written or verbal evidence submitted to StanCOG by the Sub-Recipient as part of this process. Neither the pendency of a dispute nor its consideration by HCD will excuse the Parties from full and timely performance in accordance with the terms of this MOU.
B. For other disputes and except as otherwise provided in this MOU, if a dispute arises between the Parties to this MOU, the Parties hereto agree to use the following procedure to resolve such dispute, prior to pursuing other legal remedies:
i. A meeting shall be held promptly between the Parties that will be attended by the Sub-Recipient’s Project Manager and StanCOG’s Project Manager as well as individuals with decision-making authority (to the extent reasonably possible), who will attempt in good faith to negotiate a resolution of the dispute.
C. If the Parties are unsuccessful in resolving the dispute under B.i., above, they may:
ii. Agree to submit the matter to mediation, binding judicial reference, or a private adjudicator (if all Parties so agree); or
iii. Initiate litigation following advance written notice to the other Party of not less than thirty (30) days.
D. If any Party should bring a legal action against the other to enforce the terms of this MOU, the prevailing Party shall be entitled to recover reasonable attorneys’ fees and costs,as determined by a court of competent jurisdiction in said proceeding.
12. Termination
A. Either Party may terminate this MOU for any reason at any time upon thirty (30) days written notice. The notice for early termination may permit the Sub-Recipient or StanCOGto rectify any deficiency(ies) prior to the early termination date. The Sub-Recipient will submit any requested documents to StanCOG within twenty (20) days of the early termination notice.
B. If either party issues a notice of termination, StanCOG will reimburse SubRecipient for work actually performed up to the effective date of the notice of termination less any compensation to StanCOG for damages suffered as a result of Sub-Recipient’s failure to comply with the terms of this MOU.
C. Sub-Recipient will have the right to terminate this MOU in the event StanCOG is unable to make required payments, including, without limitation, a failure of HCD to appropriate funds. In such event, Sub-Recipient will provide StanCOG with ten (10) days written notice of termination. StanCOG will make payment to Sub-Recipient through the date of termination.
13. Notices
A. Any notice(s) required pursuant to this MOU shall be made in writing by handdelivery, facsimile, first-class mail (registered or certified, return receipt requested), overnight courier service, or by electronic mail if the Party to be provided notice has provided its email address to the other Party. Notices of changes or amendments to this MOU, disputes, or court action must be served pursuant to non-electronic means provided for in this section.
B. All notices shall be deemed given and effective on the earliest of: (a) the date of transmission if such notice or communication is delivered via facsimile or electronic mail prior to 5:00 p.m. PST on a business day; (b) the next business day if such notice or communication is delivered via facsimile or electronic mail later than 5:00 p.m. PST on a business day; (c) the third business day following the date of mailing if sent by U.S. mail, nationally recognized courier service; or (d) upon actual receipt by the party to whom such notice is personally given.
C. Notices may be provided at the following addresses below. Each Party reserves the right to change its address for purposes of notice by providing written notice to the other Party.
To StanCOG: Stanislaus Council of Governments
1111 I Street, Suite 308
Modesto, CA 95354
Attention: Elisabeth Hahn
Telephone: (209) 525-4600
Facsimile: (209) 558-7833
Email: [email protected]
To Sub-Recipient: City of Patterson
P. O. Box 667
Patterson, CA 95363
Attention: Community Development Director
Telephone: (209) 895-8000
14. Amendments.
This MOU may be modified, amended, changed, added to, or subtracted from by the mutual consent of the parties hereto if such amendment or change is in written form and executed with the same formalities as this MOU and attached to the original MOU to maintain continuity.
15. Insurance
A. Sub-Recipient shall, at its own expense, procure and maintain in effect at all times during this MOU, insurance coverage provided by a California admitted insurer licensed to transact business in California, as least as broad as hereinafter provided, including insurance coverage against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the services set forth in Exhibit “A” of this MOU by the SubRecipient or Sub-Recipient’s agents, representatives, employees, or subcontractors asfollows:
i. General Liability.
Comprehensive general liability insurance covering bodily injury, personal injury, property damage, products and completed operations with limits of no less than ONE MILLION DOLLARS ($1,000,000). If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to any act by Sub-Recipient under this MOU or the general aggregate limit shall be twice the required occurrence limit.
ii. Automobile Liability Insurance.
If the Sub-Recipient or the Sub-Recipient’s officers, employees, agents, representatives or subcontractors utilize a motor vehicle in performing any of the work or services under this MOU, owned/non-owned automobile liability insurance providing combined single limits covering bodily injury damage with limits of no less than ONE MILLION DOLLARS
($1,000,000) per incident or occurrence, and providing property damage liability of no less than TWO HUNDRED FIFTY THOUSAND
DOLLARS $250,000 per incident or occurrence.
iii. Workers’ Compensation Insurance.
Workers’ Compensation Insurance as required by the California Labor Code. In signing this MOU, the Sub-Recipient certifies under section 1861 of the California Labor Code that Sub-Recipient is aware of the provisions of section 3700 of the Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake selfinsurance in accordance with the provisions of that code, and that the SubRecipient will comply with such provisions before commencing the performance of the work of this contract, as necessary. iv. Professional Errors and Omissions Insurance with coverage limits of notless than One Million Dollars ($1,000,000.00).
B. Deductibles, Self-Insured Retentions, Named Insured. Any deductibles, selfinsured retentions, or name insureds must be declared in writing and approved by StanCOG.
C. Waiver of Subrogation, Additional Insured. The insurance policies are to contain, or be endorsed to contain, the following provisions:
i. General Liability and Automobile Liability Coverages.
Endorsement providing that the Sub-Recipient’s insurance shall waive all rights of subrogation against StanCOG’s insurers and StanCOG; or the Sub-Recipients’s insurance shall list StanCOG as additional insureds under the insurance policy.
ii. Worker’s Compensation Coverages.
Endorsements providing that the Sub-Recipient’s insurance shall waive all rights of subrogation against StanCOG’s insurers and StanCOG.
D. Other Insurance provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions:
i. General Liability and Automobile Liability Coverages.
Endorsements providing that such insurance is the primary insurance and no insurance of StanCOG will be called upon to contribute to a loss.
The Sub-Recipient’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
ii. All Coverage.
Each insurance policy required by this paragraph shall not be altered, suspended, voided, or canceled by either party, or reduced in coverage or in limits except after thirty (30) calendar days’ prior written notice by certified mail, return receipt requested, has been given to StanCOG.
Any failure of Sub-Recipient to comply with reporting provisions of the policies shall not affect coverage provided to StanCOG or StanCOG’s board members, officers, employees, or volunteers.
E. Verification of Coverage. Prior to performing any term or condition of the MOU, Sub-Recipient shall furnish StanCOG with evidence of insurance effecting coverage required bythis section.
F. Subcontractors. All insurance coverage for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein.
16. Indemnification
Except for the active negligence or willful misconduct of StanCOG and any of its directors, officers, agents, employees, assigns, and successors in interest, the Sub-Recipient undertakes and agrees to defend, indemnify, and hold harmless StanCOG and any of its directors, officers, agents, employees, assigns, and successors in interest from and against all suits and causes of action, claims, losses, demands and expenses, including, but not limited to, attorney's fees and cost of litigation, damage or liability of any nature whatsoever, for death or injury to any person, includingStanCOG’s employees and agents, or damage or destruction of any property of either party hereto or of third parties, arising in any manner by reason of the acts, errors or omissions or violations oflaw by the Sub-Recipient, employees and agents in connection with its activities in pursuing the Project or under this MOU. The Sub-Recipient further agrees to require its Consultant(s) to provide indemnification for StanCOG to the same extent as the Sub-Recipient, in the contract(s) between the Sub-Recipient and its Consultant for work related to this Agreement.
17. Independent Contractor, No Joint Venture
The Sub-Recipient and its Consultant(s), officers, employees and agents shall be independent contractors in the performance of this MOU, and not officers, employees, contractors or agents of StanCOG.
18. Assignment
Neither Party shall assign this MOU, or any part thereof, without the written consent of each Party to this MOU, which consent will not be unreasonable withheld. Any assignment without such written consent shall be void and unenforceable.
19. Successors
This MOU shall bind and benefit the parties hereto and their heirs, successors and permitted assigns.
20. Entire Agreement
This MOU contains the entire agreement of the parties and no representations, inducements, promises, or agreements otherwise between the parties not embodied herein or incorporated herein by reference shall be of any force or effect. Further, no term or provision hereof may be changed, waived, discharged or terminated unless the same is in writing executed by the parties. Sub-Recipient and StanCOG represent that in entering this MOU, they have not relied on any previous representations, inducements, or understandings of any kind or nature.
21. Severability
If any portion of this MOU or application thereof to any person or circumstance shall be declared invalid by a court of competent jurisdiction or if it is found in contravention of any Federal, State or local statutes, ordinance, or regulations the remaining provisions of this MOU or application thereof shall not be invalidated thereby and shall remain in full force and effect tothe extent that the provisions of this MOU are severable.
22. Governing Law
All questions pertaining to the validity and interpretation of this MOU shall be determined in accordance with the laws of the State of California applicable to agreements made and to be performed within the State. Any dispute not resolved by informal means between the parties to this MOU may be adjudicated in a court of law under the laws of the State of California.
23. Waiver of Default
Waiver of any default by either party to this MOU shall not be deemed a waiver of any subsequent default. Waiver or breach of any provision of this MOU shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of this MOU unless modified pursuant to the terms of this MOU.
24. Counterparts and Electronic Signatures
A. This MOU may be executed in one or more counterparts, each of which shall be deemed an original and all of which taken together shall constitute one and the same instrument.
B. Each Party agrees that this MOU and any other documents to be delivered in connection herewith may be electronically signed, and that any electronic signatures appearing on this MOU or such other documents are the same as handwritten signatures for purposes of validity, enforceability and admissibility.
25. Authority
The Sub-Recipient warrants and certifies that it possesses the legal authority to execute this MOU and to undertake administration of the proposed Project, and that a resolution, motion,or similar action has been fully adopted or passed, as an official act of the Sub-Recipient’s governing body.
***Signatures contained on next page***
IN WITNESS WHEREOF, this MOU has been executed by the parties hereto and shall become effective when executed by both parties.
Stanislaus Council of Governments,
a joint powers agency
City of Patterson
Rosa De Leon Park
Its Executive Director
Date
____________________________________
____________________________________
Date
APPROVED AS TO FORM
Monica Streeter
General Counsel
APPROVED AS TO FORM
_____________________________________
Nubia Goldstein
City Attorney
Exhibit A: Scope of Work
Project Description
Local Agency: City of Patterson
Project/Activity Name: Housing Element Update
Project Location: City of Patterson - Citywide
Project Housing Nexus:
Check all that apply
Project Goal Statement:
(Describe the impacts of your project on the acceleration of housing production.) The Housing Element identifies and analyzes existing and projected housing needs and outlines goals, policies, and programs for the preservation, improvement, and development of housing for households of all income levels.
Project Goal Statement:
(Describe the impacts of your project on the acceleration of housing production.) The Housing Element identifies and analyzes existing and projected housing needs and outlines goals, policies, and programs for the preservation, improvement, and development of housing for households of all income levels.
Project Description:
(Include a high-level summary of your project).
State law requires an update to the City of Patterson in 2023. The City would apply REAP fund to assist in development of the Housing Element toward meeting the goals listed above.
X_Reduce Time X_ Impact on housing supply and/or affordability X_Reduce Development Costs X_Increase approval certainty and/orstreamline entitlements _Infrastructure Capacity _Other:
Implementation:
(Summarize plans for adoption or implementation or next steps. If the project is one component of alarger effort, such as a study that will support fee reductions, please specify how this project fits intothe larger housing effort)
The City would hire a consultant to assist in preparation of the Housing Element.
Tasks to be included in the selected consultant’s scope of work include the following:
• Review of previous housing element
• Review of existing circumstances in the City of Patterson, including approved plans for future development
• Review of State law requirements related to the Housing Element • Develop and implement a community engagement program
• Preparation of a needs assessment
• Preparation and inventory of adequate sites
• Evaluation of constraints to Housing Development
• Prepare goals, policies, and quantified objectives
• Produce draft and final Housing Element documents
Exhibit A: Scope of Work
Project Tasks, Deliverables, Timeline and Budget Tracking Tas
k#
Detailed Description of
Tasks /Milestones
Task
Timeline (in
months and
year)
Deliverable(s) including delivery
date
Total
Budg
et
REAP
Fundin
g
Other
Funds
(includ
e
source
)
1 Describe Task 1.Progress report and invoicing (quarterly)
2.Copy of Annual Progress Report submitted
to HCD (annually in April)
3.Summary of potential housing units
impacted by project (final deliverable upon
project completion
2 Housing Element Update 8 months Solicit proposals from consultants for a scope of work and consultant selection
Review of existing housing element, plans,
and circumstances
Preparation of draft documents.
Public outreach, including workshops,
public hearing, and other forms of public
outreach, for the Housing Element.
$179,910.69 $59,910.69 $120,000
(City
General
Fund)
Commented [HC1]: 1st portion: $16,807.80
3rd Portion: $43,102.89
Exhibit B: Sample Invoice Report Form
Exhibit C: Quarterly Reporting Form
Stanislaus Council of Governments (StanCOG)
REAP Suballocation MOU Quarterly Report
Regional
Entity
Local Agency Activity Name
StanCOG [Insert name]
California Health and Safety Code Sections 50515 to 50515.05, established for the purpose of providing regions and jurisdictions with funding for housing planning activities that process improvements to accelerate housing production and facilitate compliance to implement the sixth cycleof the Regional Housing Need Assessment (RHNA)
BRIEF ACTIVITY
DESCRIPTION:
1) BRIEFLY SUMMARIZE THE STATUS OF THE ACTIVITIES
A) Describe Tasks
B) Outline which HCD eligible activity above Activity falls under 2) STATE WHAT STILL NEEDS TO BE COMPLETED ON THIS ACTIVITY? 3) DESCRIBE HOW MUCH FUNDING WILL BE USED AND FOR WHAT
A) Identify any contracts initiated
4) PROVIDE SCHEDULE OF ACTIVITIES
5) PROVIDE CONTACT INFO FOR PROJECT MANAGER/LEAD STAFF PERSON(S) 6) AMENDMENT
A) If any changes to project scope, cost, and/or schedule have occurred fill out this section,if not then skip
7) PROVIDE SIGNATURE AND DATE BELOW
PERSON PREPARING THIS REPORT (please
type or print)
PHONE and EMAIL:
APPROVAL AUTHORITY (signature)
Date: