AMENDMENT NO. 1 TO
AGREEMENT FOR PROFESSIONAL SERVICES
WITH PLACEWORKS, INC.
This Amendment No. 1 to the Agreement for Professional Services is made and entered into as of May 4, 2022 ("Effective Date") by and between the City of Sar Bernardino, a charter city and municipal corporation ("City") and PlaceWorks, Inc., California corporation ("Consultant"). City and Consultant are sometimes referred to herein individually as a "Party" and collectively as "Parties."
RECITALS
WHEREAS, the City and the Consultant have entered into an agreement, dated September 16, 2020, for the purpose of providing services for updating the General Plan, the creation of a Downtown Specific Plan, and an update of the City Development Code (the "Master Agreement").
WHEREAS, the Parties now desire to amend the Master Agreement in order to provide additional services for the utilization of the awarded Local Early Action Planning Grant Program Funds ($500,000), compensation for the performance of the additional services, and to outline a schedule for the performance of the additional services.
NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 1 and the Master Agreement, the Parties mutually agree as follows:
AGREEMENT
1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference.
2. Services. Services, as that term is defined in the Master Agreement, shall be amended to include additional services for the utilization of the awarded Local Early Action Planning Grant Program Funds. The additional services are more particularly described in Exhibit A-1, attached hereto to this Amendment No. 1 and incorporated herein by this reference. The additional services shall be performed pursuant to the Schedule of Services, attached hereto as Exhibit B-1 and incorporated herein by this reference.
Compensation. The compensation for services performed pursuant to this Amendment No. 1 shall not exceed Five Hundred Thousand Dollars ($500,000), thereby increasing the total not to exceed compensation of the Master Agreement to the amount of Four Million Ninety Seven Thousand Nine Hundred Eighty Five Dollars ($4,097,985).
Work for the additional services shall be performed at the rates set forth in Exhibit B-1, attached hereto to this Amendment No. 1 and incorporated herein by this reference.
Full Force. Except as amended by this Amendment No. 1, all provisions of the Master Agreement, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 1.
Electronic Transmission. A manually signed copy of this Amendment No. 1 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment No. 1 for all purposes. This Amendment No. 1 may be signed using an electronic signature.
Counterparts. This Amendment No. 1 may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
SIGNATURE PAGE FOR
AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT
WITH PLACEWORKS, INC.
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 on the Effective Date first herein above written.
CITY OF SAN BERNARDINO CONSULTANT
APPROVED BY: PLACEWORKS, INC.
Bandal a fates
Bignature
Robert D. Field
City Manager
Randal W Jackson
APPROVED AS TO FORM:
Principal
Title
Best Best & Krieger LLP
City Attorney
EXHIBIT A-1
ADDITIONAL SERVICES
[ATTACHED]
STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SCO ID:
SERVICES
STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER (if applicable) STD 213 (Rev. 04/2020) 21-LEAP-16890
1. This Agreement is entered into between the Contracting Agency and the Contractor named below:
CONTRACTING AGENCY NAME
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
CONTRACTOR'S NAME
City of San Bernardino
2. The term of this Agreement Is:
START DATE
Upon HCD Approval
THROUGH END DATE
06/30/2024
3. The maximum amount of this Agreement is:
$500,000.00
4. The parties agree to comply with the terme and conditons of the following exhibits, which are by this reference made a part of the Agreement.
EXHIBITS PAGES
Exhibit A Authority, Purpose and Scope of Work
Exhibit B Budget Detail and Payment Provisions от - 03001 Exhibit C* State of Californla General Terms and Conditions Exhibit D LEAP General Terms and Canditions
Exhibit E Special Conditions
TOTAL NUMBER OF PAGES ATTACHED 16
Items shown with an asterisk (*), are hereby incorporsted by reference and made part of this agresment as if attached hereto.
These documents can be viewed at https://www.dgs.ca.gov/OLS/Resources IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.
CONTRACTOR
CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership,etc.) City of San Bernardino
CONTRACTOR BUSINESS ADDRESS CITY ZIP
Vanir Tower, 290 North D Street San Bemardino STATE 92401
PRINTED NAME OF PERSON SIGNING
ROBERT FIELD CITY MANAGER
CONTRACTOR ANTHORIZED SIGNATURE DATE SIGNED
17+1) tuld 1/14/2022
STATE OF CALIFORNIA
CONTRACTING AGENCY NAME
Department of Housing and Community Development
CONTRACTING AGENCY ADDRESS CITY STATE ZIP
2020 W. El Camino Ave., Suite 130 Sacramento 95833
PRINTED NAME OF PERSON SIGNING TITLE
Contracts Manager,
Business & Contract Services Branch
CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED
Califomia Department of General Services Approval (or exemption, if applicable) Exempt per; SCM Vol. 1 4.04.A.3 (DGS memo dated 06/12/1981) City of San Bernardino
21-LEAP-16890
EXHIBIT A
AUTHORITY, PURPOSE AND SCOPE OF WORK
Authority
("LEAP," or the "Program"), as defined in Health and Safety Code Section 50515, et seq., for Department has issued a Notice of Funding Availability ("NOFA") dated January 27, 2020. This Standard Agreement, along with all its exhibits (the "Agreement"), is entered into under the authority of, and in furtherance of, the purpose of the Program.
2. Purpose
In accordance with the authority cited above, the Grantee has been awarded financial assistance in the form of a grant from the Program. The Department has agreed to make the grant to provide financial assistance for technical assistance, preparation and adoption of planning documents, and process improvements to accelerate housing production and facilitate compliance to implement the sixth cycle of the regional housing needs assessment, pursuant to the terms of the NOFA, which includes associated forms, and this Agreement. By entering into this Agreement and thereby accepting the award of the Program funds, the Grantee agrees to comply with the terms and conditions of the NOFA, this Agreement, subsequent amendments to this agreement when necessary, the representations contained in the application and the requirements of the authority cited above. Based on the representations made by the Grantee, the State shall provide a grant in the amount shown in Exhibit B, Section 2.
3. Definitions
Terms herein shall have the same meaning as definitions in Section VIlI of the LEAP NOFA.
4. Scope of Work
Preparation and adoption of planning documents and process improvements that accelerate rousing production and facilitate compliance in implementing the sixth cycle of the regiona lousing needs assessment in accordance with the Grantee's Attachment 1: Project Timeline and Budget and Project Description as provided by the Grantee in the LEAP application used for subsequent approval by the Department.
5. Department Contract Coordinator
The Contract Coordinator of this Agreement for the Department is the Housing Policy Development Program Manager, or the Manager's designee. Unless otherwise informed, any Local Early Action Planning (LEAP)
NOFA Date: January 27, 2020
Approved Date: May 29, 2020
Prep. Date: December 10, 2020
City of San Bernardino
21-LEAP-16890
EXHIBIT A
notice, report, or other communication required by this Agreement shall be mailed by first class mail to the Department Contract Coordinator at the following address:
Department of Housing and Community Development
Housing Policy Development
Attention: LEAP Program Manager
2020 West El Camino Avenue, Suite 500
Sacramento, CA 95833
Local Early Action Planning (LEAP)
NOFA Date: January 27, 2020
Approved Date: May 29, 2020
Prep. Date: December 10, 2020
City of San Bernardino
21-LEAP-16890
EXHIBIT B
BUDGET DETAIL AND PAYMENT PROVISIONS
1. Application for Funds
A.
The Grantee warrants that all information, facts, assertions and representations contained in the Application and approved modifications and additions thereto are true, correct, and complete to the best of the Grantee's knowledge. In the event that any part of the Application and any approved modification and addition thereto is untrue, incorrect, incomplete, or misleading in such a manner that would substantially affect the Department's approval, disbursement, or monitoring of the funding and the grant or activities governed by this Agreement, the Department may declare a breach hereof and take such action or pursue such remedies as are provided for breach.
2. Grant and Reimbursement Limit
The Department's decision to approve or deny an application or request for funding pursuant to the Program, and Its determination of the amount of funding provided, shall be final. The maximum total amount granted and reimbursable to the Grantee pursuant to this Agreement shall not exceed $500,000.00.
Grant Timelines
A. This Agreement is effective upon the date of the Department representative's signature on page one of the fully executed Standard Agreement, STD 213, (the "Effective Date").
B.
It is the responsibility of the Grantee to monitor the project and timeliness of draws within the specified dates.
Local Early Action Planning (LEAP)
NOFA Date: January 27, 2020
Approved Date: May 29, 2020
Prep. Date: December 30, 2020
City of San Bemardino
21-LEAP-16890
EXHIBIT B
4. Allowable Uses of Grant Funds
A. The Department shall not disburse funds unless it determines that the grant funds shall be expended in compliance with the terms and provisions of the NOFA and this Agreement.
B. Grant funds shall only be used by the Grantee for eligible activities pursuant to Section VIl of the NOFA and only for activities that were approved by the Department, and as stated in Attachment 1: Project Timeline and Budget and Project Description in the Grantee's approved LEAP Application,, and/or any and all documentation incorporated into this Agreement and made a part thereof.
C. Grant funds may not be used for administrative costs of persons employed by the Grantee for activities not directly related to the preparation and adoption of the proposed activity. The Grantee shall use no more than five percent of the total grant amount for costs related to administration of the project.
D. A Grantee that receives funds under this Program may use a subcontractor. The subcontract shall provide for compliance with all the requirements of the Program. The subcontract shall not relieve the Grantee of its responsibilities under the Program.
E. After the contract has been executed by the Department and all parties, approved and eligible costs for eligible activities may be reimbursed upon completion of deliverables in accordance with Attachment 1: Project Timeline and Budget and Project Description, and subject to the terms and conditions of this Agreement.
F. Only approved and eligible costs incurred for work after the NOFA date, continued past the date of full execution of the Agreement, and completed during the grant term, will be reimbursable.
G. Approved and eligible costs incurred prior to the NOFA date are ineligible and will not be reimbursed.
Performance
A. The Grantee shall take such actions, pay such expenses, and do all things necessary to complete all activities as incorporated into the LEAP application and in accordance with Descripion and Attachment : Proet Timeline and Budget, an within the terms and conditions of this Agreement.
B. The Department may monitor expenditures and activities of Grantee, as the department deems necessary, to ensure compliance with program requirements.
Local Early Action Planning (LEAP)
NOFA Date: January 27, 2020
Approved Date: May 29, 2020
Prep. Date: December 30, 2020
City of San Bernardino
21-LEAP-16890
EXHIBIT B
C. The Department may request repayment of funds from Grantee or pursue other remedies available to it by law for failure to comply with program requirements.
6. Fiscal Administration
A. The Grantee is responsible for maintaining records which fully disclose the activities funded by the LEAP grant. Adequate documentation for each reimbursable transaction shall be maintained to permit the determination, through an audit if requested by the State, of the accuracy of the records and the allowability of expenditures charged to LEAP grant funds. If the allowability of expenditure cannot be determined because records or documentation are inadequate, the expenditure may be disallowed, and the State shall determine the reimbursement method for the amount disallowed. The State's determination of the allowability of any expense shall be final, absent fraud, mistake or arbitrariness.
Work must be completed prior to requesting reimbursement. The Department may make exceptions to this provision on a case by case basis. In unusual circumstances, the Department may consider alternative arrangements to reimbursement and payment methods based on documentation demonstrating cost burdens, including the inability to pay for work.
C. Prior to receiving reimbursement, the Grantee shall submit the following documentation:
1) Government Agency Taxpayer ID Form (GovTIN; Fi$cal form); 2) A Request for Reimbursement form provided by the Department on the Department's Local Early Action Planning (LEAP) Grants webpage; and 3) Any and all documentation requested by the Department in the Request for Reimbursement form and manner as outlined in the following subsection D.
D. Grantee shall submit all required reimbursement documentation to the following address:
Department of Housing and Community Development
Housing Policy Development
Attention: LEAP Program Manager
2020 West El Camino Avenue, Suite 500
Sacramento, CA 95833
E. Shal a suget tub Departies aproval and subto the in acordance witnes following schedule:
Local Early Action Planning (LEAP)
NOFA Date: January 27, 2020
Approved Date: May 29, 2020
Prep. Date: December 30, 2020
City of San Bernardino
21-LEAP-16890
EXHIBIT B
1) At maximum, once per quarter; or
2) Upon completion of a deliverable; and
3) At minimum, one invoice for reimbursement annually.
Grantee and the Department.
F. The Request for Reimbursement must be for a minimum of fifteen percent (15%) of the maximum arant amount awarded. The Deparment may consider exceptions to the minimum amount requested on a case-by-case basis. All invoices shall reference the contract number and shall be signed and submitted to the Department's Program Manager at the address provided above in Section 6, Subsection D of this part. Invoices shall include at a minimum the following information:
1) Names of the Grantee's personnel performing work;
2) Dates and times of project work;
3) Itemized costs in accordance with Attachment 1: Project Timeline and Budget, and Project Description, including identification of each employee, contractor or subcontractor who provided services during the period of the invoice, the number of hours and hourly rates for each of the Grantee's employees, contractors), sub- recipients) or subcontractor's staff members), authorized expenses with receipts, and contractor, sub-recipient and subcontractor invoices; and 4) Any other documents, certifications, or evidence deemed necessary by the Department prior to disbursement of grant funds.
G. The Department will reimburse the Grantee directly for all allowable project costs as promptly as the Department's fiscal procedures permit upon receipt of an itemized signed invoice.
H. The Department recognizes that budgeted deliverable amounts are based upon estimates and conditions and circumstances may change. Grantees may request adjustments to Attachment 1: Project Timeline and Budget and Project Description in the Grantee's approved LEAP Application in writing (such as a budget adjustment across deliverables), as long as the total budget does not exceed the maximum amount awarded to the Grantee. All adjustments shall be subject to written approval by the Department.
Local Early Action Planning (LEAP)
NOFA Date: January 27, 2020
Approved Date: May 29, 2020
Prep. Date: December 30, 2020
City of San Bernardino
21-LEAP-16890
EXHIBIT B
1. Grant funds shall not be disbursed until this Agreement has been fully executed.
J. Grant fund payments will be made on a reimbursement basis; advance payments are and payment methods based on documentation demonstrating cost burdens, including the inability to pay for work.
K. The Grantee will be responsible for compiling and submitting all invoices, supporting documentation and reporting documents. Invoices must be accompanied by reporting materials where appropriate. Invoices without the appropriate reporting materials will not be paid.
1) Supporting documentation may include, but is not limited to; purchase orders, receipts, progress payments, subcontractor invoices, timecards, or any other documentation as deemed necessary and requested by the Department to support the reimbursement to the Grantee for expenditures incurred.
L. The Grantee will submit for reimbursements to the Department based on actual costs incurred, and must bill the State based on clear and completed objectives and deliverables as outlined in the application, in Attachment 1: Project Timeline and Budget and the Project Description, and/or any and all documentation incorporated into this Agreement and made a part thereof.
M. The Department may withhold ten percent (10%) of the grant until grant terms have been fulfilled to the satisfaction of the Department and the final close-out report submitted, no later than December 31, 2024 pursuant to Health and Safety Code section 50515.04(c)(2).
N. It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall immediately terminate and be of no further force and effect. In this event, the State and Contractor shall be relieved of any and all obligations Local Early Action Planning (LEAP)
NOFA Date: January 27, 2020
Approved Date: May 29, 2020
Prep. Date: December 30, 2020
City of San Bernardinc
21-LEAP-16890
EXHIBIT D
LEAP TERMS AND CONDITIONS
1. Reporting
A. During the term of this Standard Agreement ("Agreement") the Grantee shall submit, upon request of the Department, a performance report that demonstrates satisfaction of all requirements identified in this Agreement.
B. Pursuant to Health and Safety Code Section 50515.04, subsection (a), during the term of the Agreement, the Grantee shall submit an annual report containing all required information by April 1 of the year following receipt of the Grant funds. The annual reports shall be due from the Grantee until Program funds have been expended, but no later than February 28, 2023. A Grantee may, in lieu of providing a separate annual report as identified in Health and Safety Code Section 50515.04, subsection (a), provide the information as part of its Annual Progress Report.
C. Upon completion of all deliverables required to fulfill this Agreement pursuant to the Grantee's Attachment 1: Project Timeline and Budget as approved in the LEAP Application, the Grantee shall submit a final close out report in accordance with the January 27, 2020 LEAP NOFA. The close out report shall be submitted with the final Request for Reimbursement by September 30, 2023, in accordance with the final invoices due pursuant to Exhibit B, Section 3.
2. Accounting Records
A. The Grantee, its staff, contractors and subcontractors shall establish and maintain an accounting system and reports that properly accumulate incurred project costs by line.
The accounting system shall conform to Generally Accepted Accounting Principles (GAAP), to enable the determination of incurred costs at interim points of completion and provide support for reimbursement payment vouchers or invoices.
B. The Grantee must establish a separate ledger account for receipts and expenditures of rant funds and maintain expenditure details in accordance with the scope of work roiect timeline and budget. Separate bank accounts are not required The Grantee shall maintain documentation of its normal procurement policy and competitive bid process (including the use of sole source purchasing), and financial records of expenditures incurred during the course of the project in accordance with GAAP.
The Grantee agrees that the state or designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of the Agreement.
E. Subcontractors employed by the Grantee and paid with moneys under the terms of this Local Early Action Planning (LEAP)
NOFA Date: January 27, 2020
Approved Date: May 29, 2020
Prep. Date: December 30, 2020
City of San Bernardino
21-LEAP-16890
EXHIBIT D
Agreement shall be responsible for maintaining accounting records as specified above.
Grantee shall monitor and enforce subcontracts accordingly.
Audits
A. At any time during the term of this Agreement, the Department may perform or cause to 1) The Grantee agrees that the Department or the Department's designee shall have the right to review, obtain, and copy all records and supporting documentation pertaining to performance of this Agreement. 2) The Grantee agrees to provide the Department or the Department's designee, with any relevant information requested.
3) The Grantee agrees to permit the Department or the Department's designee access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees who might reasonably have information related to such records and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with statutes and this Agreement.
B. If a financial audit is required by the Department, the audit shall be performed by an independent certified public accountant. Selection of an independent audit firm shall be consistent with procurement standards contained in Exhibit D, Section 8 subsection A. of this Agreement.
1) The Grantee shall notify the Department of the auditor's name and address immediately after the selection has been made. The contract for the audit shall allow access by the Department to the independent auditor's working papers. 2) The Grantee is responsible for the completion of audits and all costs of preparing audits.
3) If there are audit findings, the Grantee must submit a detailed response acceptable to the Department for each audit finding within ninety (90) days from the date of the audit finding report.
C. The Grantee agrees to maintain such records for possible audit after final payment pursuant to Exhibit D, Section 3, subsection E. below, unless a longer period of records retention is stipulated.
Local Early Action Planning (LEAP)
NOFA Date: January 27, 2020
Approved Date: May 29, 2020
Prep. Date: December 30, 2020
City of San Bernardino
21-LEAP-16890
EXHIBIT D
1) If any litigation, claim, negotiation, audit, monitoring, inspection or other action has been started before the expiration of the required record retention period, all records must be retained by the Grantee, contractors and sub-contractors until completion of the action and resolution of all issues which arise from it. The Grantee shall include in any contract that it enters into in an amount exceeding $10,000.00, the Department's right to audit the contractor's records and interview their employees.
2) The Grantee shall comply with the caveats and be aware of the penalties for violation of fraud and for obstruction of investigation as set forth in California Public Contracts Code Section 10115.10.
D. The determination by the Department of the eligibility of any expenditure shall be final.
E. The Grantee shall retain all books and records relevant to this Agreement for a minimum of three (3) years after the end of the term of this Agreement. Records relating to any and all audits or litigation relevant to this Agreement shall be retained for five (5) years after the conclusion or resolution of the matter.
4. Remedies of Non-performance
A. The Department may monitor expenditures and activities of an applicant, as the Department deems necessary, to ensure compliance with Program requirements.
B. The Department may, as it deems appropriate or necessary, request repayment of funds from an applicant, or pursue any remedies available to it by law for failure to comply with Program requirements.
Any dispute concerning a question of fact arising under this Agreement that is not disposed of by agreement shall be decided by the Department's Housing Policy Development Manager, or the Manager's designee, who may consider any written or verbal evidence submitted by the Grantee. The decision of the Department's Housing Policy Development Manager or Designee shall be the Department's final decision regarding the dispute.
Neither the pendency of a dispute nor its consideration by the Department will excuse the Grantee from full and timely performance in accordance with the terms of this Agreement.
In the event that it is determined, at the sole discretion of the Department, that the Grantee is not meeting the terms and conditions of the Agreement, immediately upon receiving a written notice from the Department to stop work, the Grantee shall cease all Local Early Action Planning (LEAP)
NOFA Date: January 27, 2020
Approved Date: May 29, 2020
Prep. Date: December 30, 2020
City of San Bemardino
21-LEAP-16890
EXHIBIT D
F Both the Grantee and the Department have the right to terminate the Agreement at any time upon thirty 30) days written notice. The notice shall specify the reason for early termination and may permit the grantee or the Department to rectify any deficiency(ies) prior to the early termination date. The Grantee will submit any requested documents to the Department within thirty (30) days of the early termination notice.
G. There must be a strong implementation component for the funded activity through this Program, including, where appropriate, agreement by the locality to formally adopt or complete the planning document. Localities that do not formally adopt or complete the funded activity could be subject to repayment of the grant The following shall each constitute a breach of this Agreement:
1) Grantee's failure to comply with any of the terms and conditions of this Agreement. 2) Use of, or permitting the use of, grant funds provided under this Agreement for any ineligible costs or for any activity not approved under this Agreement. 3) Any failure to comply with the deadlines set forth in this Agreement unless approved by the Program Manager
1. In addition to any other remedies that may be available to the Department in law or equity for breach of this Agreement, the Department may at its discretion, exercise the following remedies:
1) Disqualify the Grantee from applying for future Department administered grant programs.
2) Revoke existing LEAP awards) to the Grantee.
3) Require the return of unexpended LEAP funds disbursed under this Agreement. 4) Require repayment of LEAP Funds disbursed and expended under this Agreement.
5) apple mento are eccomplet ane of ate olation drated poe t Program requirements.
6) Other remedies available at law, or by and through this Agreement. All remedies available to the Department are cumulative and not exclusive. 7) The Department may give written notice to the Grantee to cure the breach o iolation within a period of not less than fifteen (15) days Local Early Action Planning (LEAP)
VOFA Date: January 27, 2020
Approved Date: May 29, 2020
Prep. Date: December 30, 2020
City of San Bernardino
21-LEAP-16890
EXHIBIT D
5. Indemnification
Neither the Department nor any officer or employee thereof is responsible for any injury, contractual, inverse condemnation or other theories or assertions of liability occurring by reaso of anything done or omitted to be done by the Grantee, its officers, employees, agents contractors, sub-recipients, or subcontractors under this Agreement.
6. Waivers
No waiver of any breach of this Agreement shall be held to be a waiver of any prior or subsequent breach. The failure of the Department to enforce at any time the provisions of this Agreement, or to require at any time, performance by the Grantee of these provisions, shall ir no way be construed to be a waiver of such provisions nor to affect the validity of this Agreement or the right of the Department to enforce these provisions.
7. Relationship of Parties
It is expressly understood that this Standard Agreement is an agreement executed by and between two independent governmental entities and is not intended to, and shall not be construed to, create the relationship of agent, servant, employee, partnership, joint venture or association, or any other relationship whatsoever other than that of an independent party.
8. Third-Party Contracts
A. All state-government funded procurements must be conducted using a fair and competitive procurement process. The Grantee may use its own procurement procedures as long as the procedures comply with all City/County laws, rules and ordinances governing procurement, and all applicable provisions of California state law.
B. Any contract entered into as a result of this Agreement shall contain all the provisions stipulated in the Agreement to be applicable to the Grantee's sub-recipients, contractors, and subcontractors. Copies of all agreements with sub-recipients, contractors, and subcontractors shail be submitted to the Department's program manager upon request.
The Department does not have a contractual relationship with the Grantee's sub- recipients, contractors, or subcontractors, and the Grantee shall be fully responsible for all work performed by its sub-recipients, contractors, or subcontractors.
D. In the event the Grantee is partnering with another jurisdiction or forming a collaborative effort between the Grantee and other jurisdictions who are grantees of the Local Early Local Early Action Planning (LEAP)
NOFA Date: January 27, 2020
Approved Date: May 29, 2020
Prep. Date: December 30, 2020
City of San Bernardino
21-LEAP-16890
EXHIBIT D
Action Planning Grants Program, the Grantee acknowledges that each partner and/or all entities forming the Local Early Action Planning Grants Program collaborative are in nutual written agreement with each other but are contractually bound to the Departmen under separate, enforceable contracts.
n the event the Grantee is partnering with another jurisdiction or forming a collaborativ fort with other entities that are not grantees of the Local Early Action Planning Grant Program, the Department shall defer to the provisions as noted in subsections 8(B) and
9. Compliance with State and Federal Laws, Rules, and Regulations A. The Grantee agrees to comply with all state and federal laws, rules and regulations that pertain to construction, health and safety, labor, fair employment practices, equal opportunity, and all other matters applicable to the grant, the Grantee, its contractors or subcontractors, and any other grant activity.
B. During the performance of this Agreement, the Grantee assures that no otherwise qualified person shall be excluded from participation or employment, denied program benefits, or be subjected to discrimination based on race, color, ancestry, national origin, sex, gender, gender identity, gender expression, genetic information, age, disability, handicap, familial status, religion, or belief, under any program or activity funded by this contract, as required by Title VI of the Civil Rights Act of 1964, the Fair Housing Act (42 USC 3601-20) and all implementing regulations, and the Age Discrimination Act of 1975 and all implementing regulations.
C. The Grantee shall include the nondiscrimination and compliance provisions of this clause in all agreements with its sub-recipients, contractors, and subcontractors, and shall include a requirement in all agreements with all of same that each of them in turn include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts they enter into to perform work under the Program.
E. The Grantee shall adopt and implement affimative processes and procedures that Local Early Action Planning (LEAP)
NOFA Date: January 27, 2020
Approved Date: May 29, 2020
Prep. Date: December 30, 2020
City of San Bernardino
21-LEAP-16890
EXHIBIT D
10. Litigation
A. If any provision of this Agreement, or an underlying obligation, is held invalid by a court shall be, deemed severable.
B. The Grantee shall notify the Department immediately of any claim or action undertaken by or against it, which affects or may affect this Agreement or the Department, and shall take such action with respect to the claim or action as is consistent with the terms of this Agreement and the interests of the Department.
11. Changes in Terms/Amendments
This Agreement may only be amended or modified by mutual written agreement of both parties.
12. State-Owned Data
A. Definitions
1) Work:
Treet be rectly ordiety produced by the fried temples, or by and this Agreement.
2) Work Product:
All deliverables created or produced from Work under this Agreement including, but not limited to, all Work and Deliverable conceived or made, or made hereafter conceived or made, either solely or jointly with others during the term of this Agreement and during a period of six months after the termination thereof, which relates to the Work mmissioned or performed under this Agreement. Work Product includes liverables, inventions, innovations, improvements, or other works of authorsh Grantee and/or Grantee's contractor subcontractor and/or sub-recipient may conceive of or develop in the course of this Agreement, whether or not they are eligible for patent, copyright, trademark, trade secret or other legal protection. 3) Inventions:
Any ideas, methodologies, designs, concept, technique, invention, discovery, improvement or development regardless of patentability made solely by the Grantee or jointly with the Grantee's contractor, subcontractor and/or sub-recipient and/or Grantee's contractor, subcontractor, and/or sub-recipient's employees with one or more employees of the Department during the term of this Agreement and in performance of any Work Local Early Action Planning (LEAP)
NOFA Date: January 27, 2020
Approved Date: May 29, 2020
Prep. Date: December 30, 2020
City of San Bernardino
21-LEAP-16890
EXHIBIT D
under this Agreement, provided that either the conception or reduction to practice thereof occurs during the term of this Agreement and in performance of Work issued under this Agreement.
B. Ownership of Work Product and Rights
1)
be considered to be works made for hire by the Grantee and the Grantee's contractor, subcontractor and/or subrecipient for the Department. The Department shall own all copyrights in the work product. 2) Grantee, its employees and all of Grantee's contractor's, subcontractor's and sub-recipient's employees agree to perpetually assign, and upon creation of each Work Product automatically assigns, to the Department, ownership of all United States and international copyrights in each and every Work Product, insofar as any such Work Product, by operation of law, may not be considered work made for hire by the Grantee's contractor, subcontractor and/or subrecipient from the Department. From time to time upon the Department's request, the Grantee's contractor, subcontractor and/or subrecipients, and/or its employees, shall confirm such assignments by execution and delivery of such assignment, confirmations or assignment or other written instruments as the Department may request. The Department shall have the right to obtain and hold in its name all copyright registrations and other evidence of rights that may be available for Work Product under this Agreement. Grantee hereby waives all rights relating to identification of authorship restriction or limitation on use or subsequent modification of the Work.
Grantee, its employees and all Grantee's contractors, subcontractors and sub- recipients hereby agrees to assign to the Department all Inventions, together with the right to seek protection by obtaining patent rights therefore and to claim all 4)
Local Early Action Planning (LEAP)
NOFA Date: January 27, 2020
Approved Date: May 29, 2020
Prep. Date: December 30, 2020
City of San Bernardino
21-LEAP-16890
EXHIBIT D
13. Special Conditions
The State reserves the right to add any special conditions to this Agreement it deems necessary to assure that the policy and goals of the Program are achieved.
Local Early Action Planning (LEAP)
NOFA Date: January 27, 2020
Approved Date: May 29, 2020
Prep. Date: December 30, 2020
EXHIBIT B-1
SCHEDULE OF SERVICES AND COMPENSATION
[ATTACHED]
Local Early Action Planning Grant Application
LNK
State of California
Governor Gavin Newsom
Alexis Podesta, Secretary
Business, Consumer Services and Housing Agency
Doug McCauley, Acting Director
Department of Housing and Community Development
Zachary Olmsted, Deputy Director
Department of Housing and Community Development
Housing Policy Development
2020 West El Camino, Suite 500
Sacramento, CA 95833
Website: https://www.hcd.ca.gov/grants-funding/active-funding/leap.shtml Email: [email protected]
January 27, 2020
LEAP Application Packaging Instructions
The applicant is applying to the Department of Housing and Community Development (Department) for & grant authonzed underneath the Local Early Action Planning Grants (LEAP) provisions pursuant to Health and Safety Code Sections 50515 through 50515.05. LEAF provides funding to jurisdictions for the preparation and adoption of planning documents, process improvements that accelerate housing production and facilitate compliance in implementing the sith cycle of the regional housing need assessment. If you have questions regarding this application or LEAP, emall [email protected].
If approved for funding, the LEAP application is incorporated as part of your Standard Agreement with the Department. In order to be considered for funding, all sections of this application, including attachments and exhibits if required, must be complete and accurate.
All applicants must submit a complete, signed, original application package and digital copy or CD or USB flash drive to the Department and postmarked by the specified due date in the NOFA Applicants will demonstrate consistency with LEAP requirements by utilizing the following forms and manner prescribed in this application.
• Pages 3 through 14 constitute the full application (save paper, print only what is needed) • Attachment 1: Project Timeline and Budget: Including high-level tasks, sub-tasks, begin and end dates, budgeted amounts, deliverables, and adoption and implementation dates. • Attachment 2: Nexus to Accelerating Housing Production • Attachment 3: State and Other Planning Priorities
• Attachment 4: Required Resolution Template
• Govemment Agency Taxpayer ID Form (available as a download from the LEAP webpage located at https://www.hcd.ca.gov/grants-funding/active-funding/leap.shtml • If the applicant is partnering with another local government or other entity, include a copy of the legally binding agreement; and
• Supporting documentation (e.g., letters of support, scope of work, project timelines, etc.) Pursuant to Section XII of the LEAP 2020 Notice of Funding Avallability (NOFA), the application package must be postmarked on or before July 1, 2020, and received by the Department at the following address:
Department of Housing and Community Development
Division of Housing Policy Development
2020 West El Camino Ave, Suite 500
Sacramento, CA 95833
LEAP NOFA Application Rev. 6/1/2020 Page 2 of 14
A. Applicant Information and Certification
Applicant (Jurisdiction) /City of San Bernardino
Applicant's Agency Type City
Applicant's Mailing Address Vanir Tower, 290 North D Street - City San Bernardino
State Californla Zip Code 92401
County San Bernardino
Website http://www.cl.san-bernardino.ca.us
Authorized Representative Name Robert D. Field
Authorized Representative Title | City Manager
Phone . (909) 384-5122 Fax (909) 384-5138
Emall [email protected]
Contact Person Name Michael Huntley
...
Contact Person Title Director of Community and Economic Development Phone (909) 384-5357 Fax (909) 384-5138
Email :[email protected]
Proposed Grant Amount 500,000
Pursuant to Health and Safety Code Section 50515.03 through (d) of the Guidelines, all applicants must meet the following two requirements to be eligible for an award:
1. Doos the appllcation demonstrate a naxus to accelerating housing production as shown in Attachment 2? Yes No
2. Does the application demonstrate that the applicant is consistent With State Planning or Other Priorities shown in Attachment 3? Yes No Is a fully executed resolution included with the application package? Yes • No Does the address on the Goverment Agency Taxpayer ID Form exactly match the address listed above? Yes No
Is the applicant partnering with another eligible local govemment entity? if Yes, provide a fully executed copy of the legally binding Yes agreement_ No
As the official designated by the governing body, I hereby certify that if approved by HCD for funding through the Local Early Action Planning Program (LEAP), the City of San Bemardina assumes the responsibilities specified in the Notice of Funding Availability and certifies that the information, statements and ofher contents contained in this application are true and correct.
Signature: tuck. Name: Robert D. Field
Date: January 29,2021 Title: City Manager
LEAP NOFA Application Rev. 6/1/2020 Page 3 of 14
B. Proposed Activities Checklist
Check all activities the locality is undertaking. Activities must match the project description.
Rezoning and encouraging development by updating planning documents and zoning ordinances, 1 such as general plans, community plans, specific plans, implementation of sustainable communities' strategies, and local coastal programs
2 Completing environmental clearance to eliminate the need for project-specific review Establishing housing incentive zones or other area based housing incentives beyond State Density Bonus Law such as a workforce housing opportunity zone pursuant to Article 10.10 (commencing 3 with Section 65620) of Chapter 3 of Division 1 of Title 7 of the Government Code or a housing sustainability district pursuant to Chapter 11 (commencing with Section 66200) of Division 1 of Title 7 of the Government Code
4 Performing infrastructure planning, including for sewers, water systems, transit, roads, or other -public facilities necessary to support new housing and new residents Planning documents to promote development of publicly owned land such as partnering with other 5 local entities to identify and prepare excess or surplus property for residential development Revamping local planning processes to speed up housing production 6 7 Developing or improving an accessory dwelling unit ordinance in compliance with Section 65852.2 of the Government Code
Planning documents for a smaller geography (less than jurisdiction-wide) with a significant impact on housing production including an overlay district, project level specific plan, or development 8 standards modifications proposed for significant areas of a locality, such as corridors, downtown or prionty growth areas
Rezoning to meet requirements pursuant to Goverment Code Section 65583(c)(1) and other 9 rezoning efforts to comply with housing element requirements, including Government Code Section 65583.2(C) (AB 1397, Statutes of 2018)
Upzoning or other implementation measures to intensify land use patterns in strategic locations i 10 such as close proximity to transit, jobs or other amenities Rezoning for multifamily housing in high resource areas (according to Tax Credit Allocation 11 Committee/Housing Community Development Opportunity Area Maps); Establishing Pre-approved architectural and site plans
Preparing and adopting housing elements of the general plan that include an implementation 12 component to facilitate compliance with the sixth cycle RHNA Adopting planning documents to coordinate with suballocations under Regional Early Action 13 Planning Grants (REAP) that accommodate the development of housing and infrastructure and accelerate housing production in a way that aligns with state planning priorities, housing, transportation equity and climate goals, including hazard mitigation or climate adaptation 14 Zoning for by-right supportive housing, pursuant to Government Code section 65651 (Chapter 753, Statutes of 2018)
15 Zoning incentives for housing for persons with special needs, including persons with developmental disabilities
16 Planning documents related to carrying out a local or regional housing trust fund Environmental hazard assessments; data collection on permit tracking; feasibility studies, site 17 analysis, or other background studies that are ancillary (e.g., less than 15% of the total gran! amount) and part of a proposed activity with a nexus to accelerating housing production Other planning documents or process improvements that demonstrate an increase in housin elated planning activitles and facilitate accelerating housing productio Establishing Prohousing Policies
LEAP NOFA Application Rev. 6/1/2020 Page 4 of 14
C. Project Description
Provide a description of the project and each activity using the method outlined below, and ensure the narrative speaks to Attachment 1: Project Timeline and Budget. a. Summary of the Project and its impact on accelerating production b. Description of the tasks and major sub-tasks
c. Summary of the plans for adoption or implementation
Please be succinct and use Appendix A or B if more room is needed.
The City of San Bemardino Is requesting funds to complete their Downtown Specific Plan and 6th cycle Housing Element, including Housing Element implementation plan and community outreach. The proposed activities will help expand creative housing opportunities in Downtown and other areas of the City that are context-sensitive, meet affordable housing goals and mandates, respond to changing market demands, capitalize on existing and planned infrastructure, and enhance the community.
Downtown Specific Plan: Recently, the City acquired SB-2 funding for the development of the Downtown Specific Plan, which will facilitate residential development through standards that streamline the CEQA process for infill housing projects, increasing housing supply and affordability. The former Carousel Mall, one of the largest sites in the specific plan area, is envisioned as a catalyst site for new investment in the greater downtown. The LEAP grant will fund the associated site preparation studies and a detailed infrastructure analysis. The grant will also help provide for effective community outreach such as Technical Advisory Committee meetings, popups, and community workshops-all of which will encourage the reuse of this important site for housing and mixed uses.
Housing Element Update, Housing Implementation Plan: The City of San Bernardino is preparing its 2021-2029 Housing Element. The LEAP grant will fund an array of activities to support that effort.
These activities Include enhanced land use opportunity analysis to Identify feasible sites for residential and mixed use development, technical analysis to address AB 688 (Affirmatively Furthering Fair Housing) and SB 244 (Disadvantaged Unincorporated Community), expanded outreach, and CEQA clearance. The grant will also fund an expanded implementation plan to facilitate new housing through means such as streamlining development review, inclusionary housing, zoning tools such as affordable housing overlays, or identifying neighborhood reinvestment opportunity strategles.
Community Outreach: The City of San Bemardino covers more than 60 square miles and is organized nto seven wards and multiple neighborhoods. Given that many of the seven wards of the city are lov esourced areas, any land use decisions needed to stimulate new housing requires a broader strateg that addresses neighborhoods with respect to their needs and appropriate reinvestment strategles. As Supen Aingful community outreach within each ward and their neighborhood Is essential. (contid on LEAP NOFA Application Rev. 6/1/2020 Page 5 of 14
D. Legislative Information
:
District # Legislator Name
31 Congressmember Peter Rey Aguilar
Federal
Congressional
District
47 Assembly Member Eloise Gomez Reyes
State Assembly
District
20 Senator Connie M. Levya
State Senate
District
Applicants can find their respective State Senate representatives at https://www.senate.ca.gov/ and their respective State Assembly representatives at https://www.assembly.ca.gov/ LEAP NOFA Application Rev. 6/1/2020 Page 6 of 14
Attachment 1: Project Timeline and Budget: (If more room is needed, duplicate Altachment 1 or add attachment labeled Attachment 1A) Begin End Deliverable Notes
1. Downtown Specific Plan (OTSP) 12/1/20 6/1/22 Adoption of Specific Plan
1.1 DTSP TAC meetings (6) $45,000 12/1/20 6/1/22 Community Outreach
1.2 DTSP Popups (4). $ 20,000 12/1/20 6/1/22 Community Outreach
1.3 DTSP Community Workshops (5) $ 40,000 12/1/20 6/1/22 _ Community Outreach
1.4 Site Preparation Studies $ 65,000 12/1/20 6/1/22 Technical Report
1.5 Detalled Infrastructure Analysis $ 65,000 12/1/20 6/1/22 Technical Report
2. Housing Element 12/1/20 12/1/21 Adoption of HE
12.1 Land Use Opportunity Analysis $ 50,000 12/1/20 12/1/21 Technical Report
2.2 Technical Analysis: AB686, SB244 $ 60,000 12/1/20 12/1/21 Technical Report
2.3 CEOA $ 35,000 12/1/20 12/1/21 CEQA clearance
2.4 Expanded Implementation Pian $ 25,000 12/1/21 12/31/23 Completion of Plan
3. Community Outreach Program 12/1/20 6/1/22 Community Outreach
3.1Workshops & engagement $ 95,000 12/1/20 6/1/22 Outreach to 7 wards Total Projected Cost$ 500000
Include high-evel tasks. major sub-taske (Drafing, Outreach, Piblic Hearings and Adoption), büdget mounts, begin and end dates and deliverables. If other funding is used, please note the source and amount in the Notes section.
LEAP NOFA Applicabion Rev. B//2020 Page 7 of 14
Attachment 2: Application Nexus to Accelerating Housing Production Applicants shall demonstrate how the application includes a nexus to accelerating housing production by providing data regarding current baseline conditions and projected outcomes such as a reduction Select at least one *Baseline **Projected ***Difference Notes Timing (e.g., reduced
number of processing
days)
Development cost (e.g.,
land, fees, financing,
construction costs per
unit)
Approval certainty and
reduction in
discretionary review
(e.g., prior versus
proposed standard and
level of discretion)
Entitlement streamlining
(e.g., number of
approvals)
--
Feasibility of development
Infrastructure capacity 1,676 830
2506 See Appendix B.
(e.g., number of units)
Impact on housing supply 54 du/ac 65 du/acre 10 du/acre See Appendix B. and affordability (e.g.,
number of units)
- so, or a outmon condo usin tin a pain a g, 6-month devolopmen application **projected - Expected conditions in the jurisdiction because of the planning grant actions (eg, 2-month development application review)
referation Permite angers a toge xpedient evelopmat proces go, 4-month LEAP NOFA Application Rev. 6/1/2020 Page 8 of 14
Attachment 3: State and Other Planning Priorities Certification (Page 1 of 3) Applicants must demonstrate that the locality is consistent with State Planning or Other Planning Priorities by selecting from the list below activities that are proposed as part of this application or were completed within the last five years. Briefly summarize the activity and insert a date of completion.
State Planning Prioritles
Date of
Completion Brief Description of the Action Taken
"Promote Infill and Equity
Rehabilitating, maintaining, and improving existing infrastructure that supports infill development and appropriate reuse and redevelopment of previousiy developed, underutilized land that is presenty served by transit, streets, water, sewer, and other essential services, particularly in - underserved areas.
Seek or utilize funding or support strategies to facilitate opportunities for infili development.
Other (describe how this meets subarea objective)
5/4/18 Adopted an Adaptive Reuse Overlay to allow the conversion of existing commercial office buildings into residential complexes within specified areas.
Promote Resource Protection
Protecting, preserving, and enhancing the state's most valuable natural resources, including working landscapes such as farm, range, and forest lands; natural lands such as wetlands, watersheds, wildlife habitats, and other wildlands; recreation lands such as parks, trails, greenbelts, and other open space; and landscapes with locally unique features and areas identified by the state as deserving special protection.
Actively seek & variety of funding opportunities to promote resource protection in underserved communities.
Other (describe how this meets subarea objective
Encourage Efficient Development Patterns
Ensuring that any infrestructure associated with development, other than infil development, supports new development that does the following:
(1) Uses land efficiently.
LEAP NOFA Application Rev. 6/1/2020 Page 9 of 14
tachment 3: State and Other Planning Priorities Certification (Page 2 of 3) 2) Is built adjacent to existing developed areas to the extent consistent with environmenta protection.
(3) Is located in an area appropnefely planned for growth. (4) Is served by adequate transportation and other essential ütilities and services. 175) Minimizes ongoing costs to taxpayers.
Other (describe how this meets subarea objective
Other Planning Priorities
Affordability and Housing Cholces
Incentives and other mechanisms beyond State Density Bonus Law to encourage housing with _affordability terms.
Efforts beyond state law to promote accessory dwelling units or other strategies to intensify single- family neighborhoods with more housing choices and affordability.
Upzoning or other zoning modifications to promote a variety of housing choices and densities. 12/19/16 Adopted a Neighborhood Transformation Specific Plan in order to establish land policies and development standards that increased housing density.
Ütlizing surplus lands to promote affordable housing choices.
Efforts to address infrastructure deficiencies in disadvantaged communities pursuant to Govemment Code Section 65302.10.
Other (describe how this meets subarea objective
LEAP NOFA Application Rev. 6/1/2020 Page 10 of 14
Attachment 3: State and Other Planning Priorities Certification (Page 3 of 3) •Conservation of Existing Affordable Housing Stock
Policies, programs or ordinances to conserve stock such as an at-risk preservation ordinance, mobilehome park overlay zone, condominlum conversion ordinance and acquisition and rehabilitation of market rate housing programs.
Policies, programs and ordinances to protect and support tenants such as rent stabilization, anti- displacement strategies, first right of refusal policies, resources to assist tenant organization and education and "just cause" eviction policies.
Other (describe how this meets subarea objective)
- Climate Adaptation
Building standards, zoning and site planning requirements that address flood and fire safety, climate adaptation and hazard mitigation.
Long-term planning that addresses wildfire, land use for disadvantaged communities, and food and local hazard mitigation.
Community engagement that provides information and consultation through a variety of methods such as meetings, workshops, and surveys and that focuses on vulnerable populations (e.g., seniors, _people with disabilities, homeless, etc.).
Other (describe how this meets subarea objective)
Certification: I certify under penalty of perjury that all information contained in this LEAP State Planning and Other Planning Priorities certification form (Attachment 2) is true and correct.
Certifying Officials Name: UBERT
Certifying Official's Title: CITY MANAGER
Certifying Official's Signature: / Date: 1/28/2021
LEAP NOFA Application Rev. 6/1/2020 Page 11 of 14
Attachment 4: Required Resolution Template
RESOLUTION NO. [insert resolution number]
A RESOLUTION OF THE INSERT EITHER "CITY COUNCIL" OR "COUNTY BOARD OF SUPERVISORS" OF [INSERT THE NAME OF THE CITY OR COUNTY] AUTHORIZING
APPLICATION FOR, AND RECEIPT OF, LOCAL GOVERNMENT PLANNING SUPPORT
GRANT PROGRAM FUNDS
WHEREAS, pursuant to Health and Safety Code 50515 et. Seg, the Department of Housing and name of the City or Countyl desires to submit
sixth cycle of the regional housing need assessment; and WHEREAS, the Department has issued a NOFA and Application on January 27, 2020 In the amount of $119,040,000 for assistance to all Califomia Jurisdictions; Now, therefore, the insert elther "City Council" or "County Board of Supervisore"] of [insert the name of the city or county] ("Applicant") resolves as follows:
SECTION 1. The [insert the authorized designee's TITLE ONLY] is hereby authorized and directed to apply for and submit to the Department the Application package; SECTION 2. In connection wlth the LEAP grant, If the Application Is approved by the Department, the insert the authorized designee's TITLE ONLY] of the [insert the name of the City or County] is authorized to submit the Application, enter into, execute, and deliver on behalf of the Applicant, a State of Califomie Agreement (Standard Agreement) for the amount of [$ enter the dollar amount of the Applicant's request], and any and all other documents required or deemed necessary or appropriate to evidence and secure the LEAP grant, the Applicant's obligations related thereto, and all amendments thereto; and SECTION 3. The Applicant shall be subject to the terms and conditions as specified in the NOFA, and the Standard Agreement provided by the Department after approval. The Application and any and all accompanying documents are incorporated in full as part of the Standard Agreement.
Any and all activities funded, information provided, and timelines represented in the Application will be enforceable through the fully executed Standard Agreement. Pursuant to the NOFA and in conjunction with the terms of the Standard Agreement, the Applicant hereby agrees to use the funds for eligible uses and allowable expenditures in the manner presented and specifically identified in the approved Appilcation.
AYES: NOES: ABSENT: ABSTAIN:
[signature of Attestg Oice) TEST: APPROVED AS TO FORM:
APPROVED
[Signature of approval]
LEAP NOFA Application Rev. 6/1/2020 Page 12 of 14
Appendix A
LEAP Is anticipated to provide supplemental funding for the general plan outreach program that will make it possible to have meaningful outreach in each ward to provide input on land use and housing decisions as well as offer more targeted outreach with housing interest and stakeholders.
LEAP NOFA Application Rev. 6/1/2020 Page 13 of 14
Appendix B
Housing Element: The update of the Housing Element will have an Impact on housing supply anc affordability. Based off the difference of low-income units allocated in the 6th Cycle RHNA (2,506 units and the 5th cycle RHNA (1,676 units.), the City of San Bemardino is anticipated to increase housing supply and affordability to 830 low-income units.
LEAP NOFA Application Rev. 6/1/2020 Page 14 of 14