Visalia City Council
May 16, 2022

LPP 07-04 September 28, 2007

Exhibit 14-F Utility Agreements

UTILITY AGREEMENTS

City of Visalia

UTILITY AGREEMENT

County Route P.M. Project #
Tulare Riggin - XXXXX
Fed. Aid. No.: HIPL-5044(140)
Owner's File: CIP0473
FEDERAL PARTICIPATION: On the Project: Yes ☒ No ☐
On the Utilities: Yes ☐ N o ☒

UTILITY AGREEMENT NO. CP0473-SCEX.X

The City of Visalia hereinafter called "LOCAL AGENCY" proposes to widen 0.72 miles of Riggin Avenue from Mooney Boulevard to Conyer Street, in Visalia, Tulare County, California.

And: Southern California Edison

hereinafter called "OWNER," owns and maintains power poles and structures; within the limits of LOCAL AGENCY’s project that requires relocation of said facilities to accommodate LOCAL AGENCY’s project.

It is hereby mutually agreed that:

I. WORK TO BE DONE:
“In accordance with Notice to Owner No.________ dated ________, OWNER shall relocate and remove existing infrastructure. All work shall be performed substantially in accordance with OWNER's Plan No. ____ dated _________ consisting of ____sheets, SCE’s work order for this project is TDXXXXXXXX, a copy of which is on file in the Office of the LOCAL AGENCY at 315 E Acequia Ave, Visalia CA 93291.

Deviations from the OWNER’s plan described above initiated by e ither the LOCAL AGENCY or the OWNER, shall be agreed upon by both parties hereto under a Revi sed Notice to Owner. Such Revised Notices to Owner, approved by the LOCAL AGENCY and agreed to/ acknowledged by the OWNER, will constitute an approved revision of the OWNER’s plan described above and are hereby made a part hereof.

No work under said deviation shall commence prior to written ex ecution by the OWNER of the Revised Notice to Owner. Changes in the scope of the work will require an amendment to this Agreement in addition to the revised Notice to Owner.”

II. LIABILITY FOR WORK

“The existing facilities described in Section I above will be relocated at 20% LOCAL AGENCY’S expense and 80% OWNER’s expense in accordance with the following proration:

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14-F Utility Agreements

LPP 07-04 September 28, 2007
8 poles at 100% = 8; 2 poles at 0% = 0
Total Poles SCE Liable/Total Poles Relocated
8/10 = 80% SCE; 20% City.”

III. PERFORMANCE OF WORK
“OWNER agrees to perform the herein-described work with its own forces or to cause the herein described work to be performed by the OWNER's contractor, employed by wri tten contract on a continuing basis to perform work of this type, and to provide and furnish all neces sary labor, materials, tools, and equipment required therefore; and to prosecute said work diligently to completion.”

“Use of personnel requiring lodging and meal “per diem” expenses will not be allowed without prior written authorization by LOCAL AGENCY’s representative. Requests for such authorization must be contained in OWNER’s estimate of actual and necessary relocation costs. OWNE R shall include an explanation why local employee or contract labor is not considered adequate for the relocation work proposed. Per Diem expenses shall not exceed the per diem expense amounts allowed under the California Department of Human Resources travel expense guidelines.”

“Work performed by OWNER’s contractor is a public work under th e definition of Labor Code Section 1720(a) and is therefore subject to prevailing wage requirements; but, work performed directly by Owner’s employees falls within the excep tion of Labor Code Section 1720 (a)(1) and does not constitute a public work under Section 1720(a)(2) and is not subject to prevailing wages. OWNER shall verify compliance with this requirement in the administration of its contracts referenced above.”

IV. PAYMENT FOR WORK

“The LOCAL AGENCY shall pay its share of the actual and necessary cost of the herein described work within 90 days after receipt of OWNER's itemized bill in q uintuplicate, signed by a responsible official of OWNER's organization and prepared on OWNER's letterhead, compiled on the basis of the actual and necessary cost and expense incurred and charged or allocated to said work in accordance with the uniform system of accounts prescribed for OWNER by the California Public Utilities Commission (PUC), Federal Energy Regulatory Co mmission (FERC) or Federal Communications Commission (FCC), whichever is applicable.”

“It is understood and agreed that the LOCAL AGENCY will not pay for any betterment or increase in capacity of OWNER's facilities in the new location and that OWNER shall give credit to the LOCAL AGENCY for all accrued depreciation of the replaced facilities and for the salvage value of any material or parts salvaged and retained or sold by OWNER.”

“Not more frequently than once a month, but at least quarterly, OWNER will prepare and submit itemized progress bills for costs incurred not to exceed OWNER's recorded costs as of the billing date less estimated credits applicable to completed work. Payment of progress bills not to exceed the amount of this Agreement may be made under the terms of thi s Agreement. Payment of progress bills which exceed the amount of this Agreement may be made after receipt and approval by LOCAL AGENCY of documentation supporting the cost increase and after an Amendment to this Agreement has been executed by the parties to this Agreement.”

“The OWNER shall submit a final bill to the LOCAL AGENCY within 360 days after the completion of the work described in Section I above. If the LOCAL AGENCY has not received a final bill within 360 days after notification of completion of OWNER’s work described in Section 404
Local Assistance Procedures Manual EXHIBIT
14-F Utility Agreements

LPP 07-04 September 28, 2007
I of this Agreement, and LOCAL AGENCY has delivered to OWNER fu lly executed Director's Deeds, Consents to Common Use or Joint Use Agreements as requir ed for OWNER’s facilities; LOCAL AGENCY will provide written notification to OWNER of its intent to close its file within 30 days. OWNER hereby acknowledges, to the extent allowed by law that all remaining costs will be deemed to have been abandoned.”

“The final billing shall be in the form of an itemized statemen t of the total costs charged to the project, less the credits provided for in this Agreement, and less any amounts covered by progress billings. However, the LOCAL AGENCY shall not pay final bills, which exceed the estimated cost of this Agreement without documentation of the reason for the increase of said cost from the OWNER and approval of documentation by LOCAL AGENCY. Except, if the final bill exceeds the OWNER’s estimated costs solely as the result of a revised Notice to Owner as provided for in Section I, a copy of said revised Notice to Owner shall suffice as documentation.”

“In any event if the final bill exceeds 125% of the estimated cost of this Agreement, an amended Agreement shall be executed by the parties to this Agreement pr ior to the payment of the OWNERS final bill. Any and all increases in costs that are the direct result of deviations from the work described in Section I of this Agreement shall have the pr ior concurrence of LOCAL AGENCY.”

“Detailed records from which the billing is compiled shall be retained by the OWNER for a period of three years from the date of the final payment and will be available for audit in accordance with Contract Cost Principals and Procedures as set forth in 48 CFR, Chapter 1, Subpart E, Part 31 by LOCAL AGENCY and/or Federal Auditors. In performing work under this Agreement, OWNER agrees to comply with the Uniform System of Accounts for Public Utilities found at 18 CFR, Parts 101, 201, et al., to the extent they are applicable to OWNER doing work on the project that is the subject of this agreement, the contract cost principles and pro cedures as set forth in 48 CFR, Chapter 1, Part 31, et seq., 23 CFR, Chapter 1, Part 645 and 2 CFR, Part 200, et al. If a subsequent State and/or Federal audit determines payments to be unallowabl e, OWNER agrees to reimburse AGENCY upon receipt of AGENCY billing. If OWNER is subject to repayment due to failure by Local Public Agency (LPA) to comply with applicable laws, regul ations, and ordinances, then LPA will ensure that OWNER is compensated for actual cost in pe rforming work under this agreement.”

V. GENERAL CONDITIONS

“All costs accrued by OWNER as a result of LOCAL AGENCY's request of_________ to review, study and/or prepare relocation plans and estimates for the project associated with this Agreement may be billed pursuant to the terms and conditions of this Agreement.”

“If LOCAL AGENCY's project which precipitated this Agreement is canceled or modified so as to eliminate the necessity of work by OWNER, LOCAL AGENCY will notify OWNER in writing, and LOCAL AGENCY reserves the right to terminate this Agreement by Amendment. The Amendment shall provide mutually acceptable terms and condition s for terminating the Agreement.”

“All obligations of LPA under the terms of this Agreement are s ubject to the acceptance of the 405
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14-F Utility Agreements

LPP 07-04 September 28, 2007
Agreement by LPA Board of Directors or the Delegated Authority (as applicable), the passage of the annual Budget Act by the State Legislature, and the allocation of those funds by the California Transportation Commission.”

“OWNER shall submit a Notice of Completion to the LOCAL AGENCY within 30 days of the completion of the work described herein.”

“It is understood that said highway is a federal aid highway an d accordingly, 23 CFR, Chapter 1, Part 645 is hereby incorporated into this Agreement.”

“In addition, the provisions of 23 CFR 635.410, BA, are also incorporated into this agreement. The BA requirements are further specified in Moving Ahead for Progr ess in the 21st Century (MAP- 21), section 1518; 23 CFR 635.410 requires that all manufacturing processes have occurred in the United States for steel and iron products (including the applic ation of coatings) installed on a project receiving funding from the FHWA.”

“Owner understands and acknowledges that this project is subjec t to the requirements of the BA law (23 U.S.C., Section 313) and applicable regulations, including 23 CFR 635.410 and FHWA guidance and will demonstrate BA compliance by collecting writt en certification(s) from the vendor(s) or by collecting writte n certification(s) from the ma nufacturer(s) (the mill test report (MTR).”

“All documents obtained to demonstrate BA compliance will be held by the OWNER for a period of three (3) years from the date the final payment was received by the OWNER and will be made available to STATE or FHWA upon request.”

“One set of copies of all documen ts obtained to demonstrate BA compliance will be attached to, and submitted with, the final invoice.”

“This does not include products for which waivers have been gra nted under 23 CFR 635.410 or other applicable provisions or ex cluded material cited in the D epartment’s guidelines for the implementation of Buy America requirements for utility relocations issued on December 3, 2013.”

“If, in connection with OWNER’s performance of the Work hereund er, LOCAL AGENCY provides to OWNER any materials that are subject to the Buy Ame rica Rule, LOCAL AGENCY acknowledges and agrees that LOCAL AGENCY shall be solely respo nsible for satisfying any and all requirements relative to the Buy America Rule concernin g the materials thus provided (including, but not limited to, en suring and certifying that sa id materials comply with the requirements of the Buy America Rule).” Not applicable.

“LOCAL AGENCY further acknowledges that OWNER, in complying wit h the Buy America Rule, is expressly relying upon the instructions and guidance (collectively, “Guidance”) issued by LOCAL AGENCY and its representat ives concerning the Buy America Rule requirements for utility relocations within the St ate of California. Notwithstan ding any provision herein to the contrary, OWNER shall not be deemed in breach of this Agreement for any violations of the Buy America Rule if OWNER’s actions are in compliance with the Guidance.” 406
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14-F Utility Agreements

LPP 07-04 September 28, 2007

This Utility Agreement is for $xxx,xxx.xx

IN WITNESS WHEREOF, the above parties have executed this Agreement the day and year above written.

LOCAL AGENCY (OWNER)
By: B y:

Leslie Caviglia
City Manager, City of Visalia
Darrell Gordon
Project Manager – Transmission Project
Management

Date:

Date:

Distribution: 1) Owner, 2) Utility Coordinator, 3) DLAE –File, 4) District Utility Coordinator – File

407

Resolution No. 2022-xx

RESOLUTION NO. 2022-xx

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF VISALIA AUTHORIZING UTILITY AGREEMENT WITH SOUTHERN

CALIFORNIA EDISON

WHEREAS, the City of Visalia is moving forward with a construction project to widen Riggin Avenue between Mooney Boulevard and Conye r Street , this project is referred to as the Riggin Avenue Widening Project; and

WHEREAS, there are ten (10) utility poles owned and operated by Southern California Edison in this area that must be relocated in order to complete the Riggin Avenue Widening Project;

WHEREAS, property rights for these ten (10) utility poles has been reviewed and eight (8) poles are located in City of Vi salia road right of way under an applicable franchise agreement between the City and Southern Californi a Edison with two poles held under property rights owned by Southern California Edison; and

WHEREAS, Southern California Edison is responsible for pole relocation costs of the poles located under franchis e rights that are being relocated due t o the City’s street construction project, while the City responsible for the costs of relocating the two poles held under property rights owned by Southern California Edison; and

WHEREAS, Southern California Edison has requested that the City sign a Utility Agreement to confirm financial responsibility for the ten (10) Southern California Edison Poles that need to be relocated so that construction the Riggin Avenue Widening project between Mooney Blvd and Conyer St can commence; and

WHEREAS, under the terms of the Ut ility Agreement the City will agree to be financially liable for twenty percent of the work to relocate t he ten (10) transmission poles that need to be relocated as part of the Riggin Avenue Widening Project with Southern California Ed ison responsible for eighty (80) percent of th e work based on applicable property rights; and

WHEREAS, after the relocation work is complete eight of the ten poles will continue to be located under franchise rights and two of the poles will be located under separate property rights held by Southern California Edison; and

WHEREAS, Southern California E dison will perform all the relocation work per the approved relocation plan; and

WHEREAS, Southern California Edison will submit a final bil l within 360 days following the completion of the relocation work; and

WHEREAS, the City of Visalia will pay its share of the re location cost within 90 days after receiving the final bill from Southern California Edison; and

NOW, THEREFORE, BE IT RESOLVED, that that the City Council of the City of Visalia:

408

Resolution No. 2022-xx

1. The Visalia City Manager is authorized on behalf of the City of Visalia to sign Utility Agreement No. CP0473-SCE2592 with Southern California Edison, (draft attached for reference) with any such additional non-substantive changes as the City Manager deems appropriate.
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0168 Agenda Date: 5/16/2022 Agenda #: 6.

Agenda Item Wording:

Authorize the City Manager to submit a funding appliciation to the Environmental Enhancement and Mitigation (EEM) Program for landscaping of the Caldwell Avenue Improvement Project from Akers Street to Shady Street. (Resolution 2022-34 required).

Deadline for Action: 6/3/2022
Submitting Department: Administration - CIP Engineering Contact Name and Phone Number:

Katherine Woodhull-Fuget, Assistant Engineer, [email protected], (559)-713- 4447
Frank Senteno, City Engineer, [email protected], (559) 713-4331 Nick Mascia, Assistant City Manager, [email protected], (559) 713-4323 Department Recommendation:

Staff recommends City Council authorize an application to the Environmental Enhancement and Mitigation (EEM) Program 2022 Grant Cycle for landscaping of the Caldwell Avenue Improvement Project from Akers Street to Shady Street and adopt Resolution 2022-34.

Background Discussion:

The California Natural Resources Agency is administering the Environmental Enhancement and Mitigation (EEM) Grant Program and accepting proposals from April 8th, 2022 through June 3rd, 2022.

This program, as provided by California Streets and Highways Code Section 164.56 (Article XIX, Section 1, of the State Constitution), authorizes the legislature to allocate up to $7 million each fiscal year from the Highway Users Tax Account (Motor Vehicle Revenues, Section 2100).

EEM projects must contribute to mitigation of the environmental effects of transportation facilities.

The California Natural Resources Agency (Agency) prescribes procedures and criteria to evaluate grant project proposals and submits a list of projects recommended for funding to the California Transportation Commission (CTC). The CTC awards grants to projects from Agency’s list.

Eligible EEM projects must fit one of the following categories:

A. Urban Forestry - projects designed to offset vehicular emissions of carbon dioxide.

B. Resource Lands - projects for the acquisition or enhancement of resource lands to mitigate the loss of, or the detriment to, resource lands lying within the right-of-way acquired for transportation improvements.

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File #: 22-0168 Agenda Date: 5/16/2022 Agenda #: 6.

C. Mitigation Projects Beyond the Scope of the Lead Agency - projects to mitigate the impact of proposed Transportation Facilities or to enhance the environment, where the ability to effectuate the mitigation or enhancement measures is beyond the scope of the lead agency responsible for assessing the environmental impact of the proposed transportation improvement.

The City may submit more than one Acquisition project proposal, but may only submit one Development project proposal. CIP Engineering Staff intend to submit a Development project proposal for the planting of trees in the median of the Caldwell Avenue between Akers and Shady.

The proposal will include tree planting and irrigation, and meets the Urban Forestry project category requirements.

This proposed project would plant street trees in the new medians installed by the Caldwell Avenue Improvement Project from Akers Street to Shady Street (CP9485), slated to start construction August 2022. The Caldwell Avenue Improvements Project from Akers Street to Shady Street is part of the larger Avenue 280 corridor widening project sponsored by Tulare County Association of Governments (TCAG), County of Tulare, City of Farmersville, and the City of Exeter. The Avenue 280 project extends from State Route 99 to the City of Exeter. The larger project is being constructed in stages and by different agencies. The Caldwell Avenue Improvements Project from Akers Street to Shady Street will reconstruct existing pavement; add median islands, sidewalk, curb, gutter, fiberoptic conduit, and streetlights.

Fiscal Impact:

This project has a total estimated cost of $250,000. The project scope and cost estimate is still being developed and will be further refined as necessary to the final cost estimate submitted in the grant application.

Matching funds are not required, however, project proposals which include matching funds may be more competitive. The Caldwell Avenue Improvements Project from Akers Street to Shady Street (CP9485) will be included in the grant application as the local match. The Caldwell Avenue Improvement Project from Akers Street to Shady Street has a total budget of approximately $10M from a combination of funds from the Gas Tax (111), SB1 Road Maintenance (113), Measure R Local (131), Measure R Regional (133), and Measure N (141).

Contingent upon grant award, staff will return to City Council to request appropriation of the final award amount.

Prior Council Action:

September 7, 2021-Authorize the City Manager to execute an agreement with 4Creeks, Inc. to provide construction management services for the Caldwell Avenue Improvement Project from Akers Street to Shady Street in the amount of $410,100. (3010-72000/CP9485) August 16, 2021 - Receive a staff presentation on the construction staging plans for the upcoming Caldwell Avenue Improvement Project from Akers Street to Shady Street and provide feedback and direction regarding night work impacts.

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File #: 22-0168 Agenda Date: 5/16/2022 Agenda #: 6.

Alternatives:

Do not approve application to the EEP Program Grant. Funds for landscaping will need to be sought at a later date.

Recommended Motion (and Alternative Motions if expected):

I move to authorize application to the Environmental Enhancement and Mitigation (EEM) Program grant for landscaping of the Caldwell Avenue Improvement Project from Akers Street to Shady Street and adopt Resolution 2022-34.

Environmental Assessment Status:

Completed with Caldwell Avenue Improvement Project
CEQA Review:

Final Environmental Impact Report (FEIR) - State Clearinghouse #2008081126, Notice of Determination (NOD) - Receipt TC0663
Attachments:

1. Resolution 2022--34

2. Caldwell EEM Concept Exhibit
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Resolution No: 2022-##

RESOLUTION CITY OF VISALIA

APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE

ENVIRONMENTAL ENHANCEMENT AND MITIGATION (EEM) PROGRAM
_________________________

WHEREAS, the Legislature and Governor of the State of California have enacted Section 164.56 of the California Streets And Highways Code, which is intended to provide grant funds to local, state and federal agencies and nonprofit entities for projects to enhance and mitigate the environmental impacts of modified or new public transportation facilities; and

WHEREAS, the California Natural Resources Agency has been delegated the responsibility for the administration of this grant program, establishing necessary procedures and criteria, and is required to submit to the California Transportation Commission a list of recommended projects from which the grant recipients will be selected; and

WHEREAS, said procedures established by the California Natural Resources Agency require a resolution certifying the approval of application(s) by the Applicant’s governing board before submission of said application(s) to the State; and

WHEREAS, the Applicant, if selected, will enter into an agreement with the State of California to carry out the project.

NOW, THEREFORE, BE IT RESOLVED that the______________________ CITY OF VISALIA

1. Approves the filing of an application for the Caldwell Akers to Shady Median Tree Planting Project; and

2. Certifies that Applicant understands the assurances and certification in the application; and

3. Certifies that Applicant or title holder will have sufficient funds to operate and maintain the project(s) consistent with the land tenure requirements; or will secure the resources to do so; and

4. Certifies that it will comply with all provisions of Section 1771.5 of the California Labor Code; and

5. If applicable, certifies that the project will comply with any laws and regulations including, but not limited to, the California Environmental Quality Act (CEQA), legal requirements for building codes, health and safety codes, and disabled access laws, and that prior to commencement of construction all applicable permits will have been obtained; and

6. Certifies that Applicant will work towards the State Planning Priorities intended to promote equity, strengthen the economy, protect the environment, and promote public health and safety as included in Government Code Section 65041.1; and
7, Appoints the City Manager, or designee, as agent to conduct all negotiations, execute and submit all documents including, but not limited to, applications, agreements, payment requests and so on, which may be necessary for the completion of the aforementioned project(s).

Approved and adopted the __day of _____ 20__. I, the undersigned, hereby certify that the foregoing Resolution Number 2022-## was duly adopted by the Council of City of Visalia.

Following Roll Call Vote: Ayes: _________
Nos : _________

Absent: _________
____________________________________
By Michelle Nicholson, Chief Deputy of Clerk
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Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0185 Agenda Date: 5/16/2022 Agenda #: 7.

Agenda Item Wording:

Authorize the City Manager to submit funding applications for the 2023 Active Transportation Program (ATP) Cycle 6 to the California Department of Transportation (Caltrans) and the Tulare County Association of Governments (TCAG).

Deadline for Action: 6/15/2022 - Funding Application Deadline Submitting Department: Administration - CIP Engineering Contact Name and Phone Number:

Dolores Verduzco, Financial Analyst, [email protected], 713-4540 Casey Chu, Assistant Engineer, [email protected], 713-4491 Diego Corvera, Civil Engineer, [email protected], 713-4209 Frank Senteno, City Engineer, [email protected] , 713-4331 Nick Mascia, Assistant City Manager, [email protected], (559) 713-4323 Department Recommendation:

Staff recommends City Council authorize the City Manager to submit two (2) funding applications for the 2023 Active Transportation Program (ATP) Cycle 6 with a total estimated project cost of $16,400,000 (with refinements as necessary). The following two projects to improve safety and promote active modes of transportation in the City will be submitted for funding to both the California Department of Transportation (Caltrans), for a statewide selection, and the Tulare County Association of Governments (TCAG), for a countywide selection:

1. Goshen-Visalia Corridor Project ($14,000,000 estimated cost)

2. Houston Community Connectivity Project ($2,400,000 estimated cost) Background Discussion:

The ATP is a grant program created to encourage increased use of active modes of transportation.

The purpose of and goals of the ATP include the following:
· Increase the proportion of trips accomplished by walking and biking · Increase the safety and mobility for non-motorized users · Advance the active transportation efforts of regional agencies to achieve greenhouse gas reduction
· Enhance public health
· Ensure that disadvantaged communities fully share in the benefits of the program Cycle 6 of the ATP is funded by multiple federal fund sources such as the Transportation Alternative Program and the Highway Safety Improvement Program alongside state funding sources from the State Highway Account and the Road Maintenance & Rehabilitation Account. The ATP is a Visalia City Council Printed on 5/13/2022Page 1 of 5
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File #: 22-0185 Agenda Date: 5/16/2022 Agenda #: 7.

State Highway Account and the Road Maintenance & Rehabilitation Account. The ATP is a competitive statewide program with a funding application deadline of June 15 to Caltrans for funding consideration in the statewide component of the program. Projects not selected for award in the statewide competition will be eligible to be resubmitted to TCAG in the countywide competitive component of the program.

In preparation to submit projects to the ATP Cycle 6, staff referenced the City’sActive Transportation Plan, a plan identifying projects to improve non-motorized forms of transportation within the community, which was previously adopted by City Council on March 3, 2017.

The Goshen-Visalia Corridor Project selected for the current ATP Cycle 6 application had been submitted in previous ATP cycles. During the last ATP cycle, the City received an application score of 90 points out of 100 with a successful application score cutoff at 92 points. As a result, the City was not successful in the previous ATP cycle for the selected project.

In order to improve the grant application and receive the remaining points required for a successful funding application, City staff met with California Transportation Commission (CTC) staff to request a grant application debrief and received favorable comments from the CTC staff in applying for funds from the ATP again. The feedback received indicated that the identified projects were excellent candidates for the ATP application. CTC staff performed a site visit for each proposed project area and pointed out that each project would benefit a broad range of users. CTC staff recommended that City staff elaborate more in the application on the different types of users each project would benefit to help increase scores in the next funding cycle.

The Goshen-Visalia Corridor Project will benefit a broad range of users as the Goshen Trail provides a connection for residents to access important destinations including shopping centers, employment, transit, and several public schools. The project will also connect the unincorporated community of Goshen to downtown Visalia.

The Houston Community Connectivity Project will benefit not only the students at the Houston Elementary School but the neighboring residents as well by improving the safety and accessibility of non-motorized modes of transportation to the school and key neighborhood destinations.

Engineering staff conducted extensive public outreach to gather input and feedback from the community to ensure the community’sneeds are being addressed. The public outreach conducted included:
· 7 Online Surveys - 4/4/22 to 4/18/22
· 3 Pop Up Events
o Industrial Park - 3/30/22
o Grocery Store (Akers & Goshen) - 4/2/22
o Senior Center - 4/13/22
· 3 Public Workshops
o Houston Elementary Afterschool Program - 4/5/22
o Senior Center - 4/6/22
o Virtual Workshop - 4/7/22
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File #: 22-0185 Agenda Date: 5/16/2022 Agenda #: 7.

Goshen-Visalia Corridor Improvement Project
This project has a total estimated cost of $14 million. The proposed project will reconstruct a Class 1 multi-use trail from Giddings to Miller Park Court and will extend the trail from Miller Park Court to Camp Drive for a total trail length of six miles. As-built records indicate the existing trail from Giddings to Akers was constructed in 1996 and the segment from Akers to Miller Park Court in 1998. Both segments were capital improvement projects constructed by the City. The existing 8’ wide deteriorated asphalt trail will be reconstructed and elevated from street grade to prevent future flooding and for additional safety.

This project, referred to as the Goshen-Visalia Corridor Improvement Project in the grant application, would leverage up to 20% ($2.8 million) of Measure R Trail (132) funds to receive the maximum points available in the grant category of leveraging. This project would fund the construction aspect of CIP 8130, Goshen Avenue Trail Reconstruction Project. At the City Council meeting on May 2, 2022, Council awarded the design services contract for the Goshen Trail Reconstruction Project and authorized a total of $1,661,630 of Measure R Trail funds to be utilized for design. This amount will be applied to the matching funds contribution. The ATP allows for funds expended before the grant submission deadline to be considered toward the amount of funds for leveraging. If the grant is awarded, the remaining funds needed as leverage will be requested from the Measure R Trail Fund.

The Goshen Trail is an approved project identified in the Visalia Bike/Pedestrian Projects list within the Measure R Expenditure Plan and earmarks funding in the amount of $3,000,000 towards the improvements of the Goshen Trail.

Houston Community Connectivity Project
This project has a total estimated cost of approximately $2,400,000. The leveraging of funds is not required for a project of this size and no additional points will be awarded if funds are leveraged. The cost of this project is estimated to be less than the $3.5 million threshold established by the ATP guidelines in which the leveraging of funds is not necessary. The final cost estimate for this project is currently being refined, however, staff anticipates the cost will not reach the $3.5 million threshold.

Therefore, ATP funds will be requested as needed to fully fund the project from design to construction. Staff is reviewed feedback received from the outreach conducted to determine areas of priority for the impacted community. Proposed improvements to the neighborhoods are listed below and can be seen on attachment 1 Houston Community Connectivity Project Location Map.

Proposed Improvements:
· Crosswalk enhancements including the existing school crosswalk on Houston Avenue at Turner Street. Enhancements to include installation of ADA curb ramps, curb extensions, striping, and signage.
· Close gaps in sidewalks near the Houston Elementary School and surrounding neighborhoods. To include installation of ADA curb ramps, striping, and signage for safer street crossings.
· On street bike facility improvements to provide safer bike lanes for residents and provide a traffic calming effect as a byproduct.

The project scope and cost estimate for each project is still in development and will be refined as necessary in the grant application.

Fiscal Impact:

As outlined in this report, the Goshen-Visalia Corridor Project will be leveraged using Measure R Trail Visalia City Council Printed on 5/13/2022Page 3 of 5
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File #: 22-0185 Agenda Date: 5/16/2022 Agenda #: 7.

As outlined in this report, the Goshen-Visalia Corridor Project will be leveraged using Measure R Trail (132) funds. By leveraging funds towards this project, the City is eligible for increased scores. Final grant amounts may differ upon final award from Caltrans and/or TCAG. These grants are known for being very competitive.

If awarded, staff will return to City Council to request authorization of final award amounts. Amounts may still vary based on the final project estimate and funding levels offered by the awarding agencies.

For projects funded with Measure R funds, a supplement agreement is required. If the Goshen- Visalia Corridor Improvement project is awarded, staff will return to City Council to request an amendment to the current Measure R supplemental agreement for CP8130 Goshen Trail Reconstruction project and request an appropriation of Measure R Trail funds as needed.

Prior Council Action:

May 2, 2022
Authorized a contract with 4 Creeks to prepare professional consulting services for the Goshen Trail Reconstruction project in the amount not to exceed $1,269,306 and authorized a total of $1,661,630 of Measure R Trails (132) funds. (Project Number 3010-72000/CP8130-999) August 17, 2020
Authorized submission of funding applications for the ATP funding (Cycle 5) for the Goshen-Visalia Corridor Improvement project and City was not awarded funds from the ATP.

July 16, 2018
Authorized submission of funding applications for the ATP funding (Cycle 4) for the Safe Routes to School project, Mill Creek Trail project, and Goshen Trail project. City was not awarded funds from the ATP.

June 6, 2016
Authorized submission of funding applications for the ATP funding (Cycle 3) and the City was awarded $1,000,000 for construction of a Class 1 multi-use trail, the Visalia Greenway Belt Trail Connection.

July 20, 2015
Authorized submission of funding applications for the ATP funding (Cycle 2) and the City was awarded $79,000 for the Green Acres Middle School enhanced crosswalk.

June 16, 2014
Authorized submission of funding applications for the ATP funding (Cycle 1) and the City was awarded $141,000 for construction of a Class 1 trial along Mill Creek Alternatives:

Not submit applications for the 2023 Cycle 6 Active Transportation Program.

Recommended Motion (and Alternative Motions if expected):

I move to authorize submission of funding applications for the two (2) project(s) outlined in this report to the Active Transportation Program Cycle 6 to Caltrans for statewide selection consideration and to Visalia City Council Printed on 5/13/2022Page 4 of 5
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File #: 22-0185 Agenda Date: 5/16/2022 Agenda #: 7.

TCAG for countywide selection consideration.

Environmental Assessment Status:

To be completed prior to construction.

CEQA Review:

To be completed prior to construction.

Attachments:

1. Houston Community Connectivity Project Location Map

2. Goshen-Visalia Corridor Location Map
Visalia City Council Printed on 5/13/2022Page 5 of 5
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Murray Ave
Prospect Ave
Mooney Blvd
Dinuba Blvd
Divisadero St
Grove St
Stevenson Dr
Houston Elementary School
Highland Elementary School
Green Acres Middle School
Recreation Park
Houston Ave
¯
Houston Community Connectivity Project
Project Boundary
Schools
Crosswalk Enhancements
Bike & Pedestrian Facility Upgrades
423
Goshen - Visalia Corridor Location Map
424
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0189 Agenda Date: 5/16/2022 Agenda #: 8.

Agenda Item Wording:

Authorize City Manager to approve the Memorandum of Understanding (MOU) between the City of Visalia and Visalia Unified School District (VUSD) for Visalia Police Department Youth Services Officers (YSOs) assigned as campus officers at VUSD middle school and high school campuses.

Deadline for Action: 5/6/2021
Submitting Department: Police Department
Contact Name and Phone Number: Chief Jason Salazar, ext. 4215, [email protected]; Captain Luma Fahoum, ext. 4103, [email protected]; Lieutenant Mike Verissimo, ext. 4154, [email protected]
Department Recommendation:

Authorize City Manager to approve the Memorandum of Understanding (MOU) between the City of Visalia and Visalia Unified School District (VUSD) for Visalia Police Department Youth Services Officers (YSOs) assigned as campus officers at VUSD middle school and high school campuses.

Summary:

The Visalia Police Department and VUSD mutually agree to maintain YSOs on VUSD’s campuses from July 1, 2022, through June 30, 2024, for the purpose of providing police presence, services, support, directions to students and VUSD staff, and providing criminal or juvenile investigative services during the school years.

The goal of the YSO Program is to improve the attendance, grades, and behavior of the students at the campuses who have demonstrated problems at school, home, and in the community; to enhance campus and public safety; and to develop positive police-youth relationships.

Background Discussion:

Visalia Police Department YSOs will remain on the campuses of the following five (5) District High Schools: Golden West High School, El Diamante High School, Mt. Whitney High School, Redwood High School, Sequoia High School; as well as five (5) of the District’s Middle Schools: Divisadero, La Joya, Valley Oak, Ridgeview, and Green Acres. The YSO assigned to Sequoia High School will also be assigned to provide police presence and services to Creekside Community School. This represents a total of ten (10) YSOs assigned to VUSD schools.

A Visalia Police Sergeant will continue to manage and supervise all YSOs in their day-to-day duties.

This position is fully funded by the City of Visalia and is housed at the Visalia Police Department headquarters.

Each YSO will work on their assigned campus throughout the school year in a collaborative manner Visalia City Council Printed on 5/13/2022Page 1 of 3
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File #: 22-0189 Agenda Date: 5/16/2022 Agenda #: 8.
with the site administrators and staff, maintaining the highest level of visibility possible. YSOs will utilize intervention, prevention, or suppression skills with the students who are involved in criminal activity or need special attention, counseling, or enforcement. They will continue to conduct investigations of criminal or juvenile related cases, where the victim, witness, or suspect attends the school of the YSOs assignment, whether the case is an onsite case or a case which was assigned as a follow-up investigation. They will also continue to provide input and guidance on how to respond to bomb threat, active shooter situations, or other situations that could lead to a lock down at the school sites and appropriate VUSD personnel.

Fiscal Impact:

The City of Visalia will fund one-half (1/2) of the cost associated with the ten (10) YSO positions, including salaries, benefits, vehicle maintenance, and estimated overtime for the 2022-2023 and 2023-2024 school years.

VUSD will fund one-half (1/2) of the cost associated with the ten (10) YSO positions, including salaries, benefits, vehicle maintenance, and estimated overtime for the 2022-2023 and 2023-2024 school years.

The City of Visalia will provide a Police Sergeant to functions as the full time YSO Supervisor and will fund all salary, benefits, and equipment costs of the position.

The cost breakdown for the YSO Program for each agency is as follows:

FY 2022-23 FY 2023-24 Total
City of Visalia $1,090,522 $1,141,645 $2,232,167
VUSD (10) ½ of
S&B
$879,736 $920,674 $1,800,410
Program Total $1,970,258 $2,062,319 $4,032,577
FY 2022-23FY 2023-
24Total
One (1) Sergeant;
all S&B
$210,786 $220,971 $431,757
Ten (10) YSOs;
S&B, Fuel, &
Estimated OT
$1,759,472 $1,841,348 $3,600,820
Program Total $1,970,258 $2,062,319 $4,032,577
Prior Council Action: N/A
Other: N/A
Alternatives: N/A
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File #: 22-0189 Agenda Date: 5/16/2022 Agenda #: 8.

Recommended Motion (and Alternative Motions if expected):

Authorize City Manager to approve the Memorandum of Understanding (MOU) between the City of Visalia and Visalia Unified School District (VUSD) for Visalia Police Department Youth Services Officers (YSOs) assigned as campus officers at VUSD middle school and high school campuses.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: MOU
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1 FISCAL YEARS
2022-2023
2023-2024

MEMORANDUM OF UNDERSTANDING
BY & BETWEEN:

CITY OF VISALIA

AND

VISALIA UNIFIED SCHOOL DISTRICT

FOR

VISALIA POLICE DEPARTMENT YOUTH SERVICES OFFICERS

ASSIGNED AS

CAMPUS OFFICERS AT THE MIDDLE SCHOOLS

AND HIGH SCHOOLS

JULY 1, 2022
428

2 This MOU is entered into, and recognized as a vital working partnership agreement, on the 1St day of July , 2022 through June 30, 20 24, between the City of Visalia and its Police Department, referred to as the "City", and the Visalia Unified School District, referred to as the "District".

RECITALS
Whereas, the Parties mutually desire to maintain Police Department Youth Services Officers (YSOs), on the District's campuses throughout fiscal years 2022-2023; 2023-2024, for the purpose of providing police presence and services, providing support and direction to the youth and staff of the District, and providing criminal/juvenile investigative services.

Whereas, the Parties further desire to maintain YSOs on the campuses of the following District High Schools: Golden West High School, El Diamante High School, Mt. Whitney High School, Redwood High School; as well as the District’s Middle Schools: Divisadero, La Joya, Valley Oak, Ridgeview, and Green Acres; and assign one YSO to be responsible for providing police presence and services at Sequoia High School and Creekside Community School. This represents a total of ten (10) YSOs assigned to the schools per this contract for the purpose of providing a police presence, police services and the delivery of criminal/juvenile investigative services.

Whereas, the Parties further desire, that a Police Sergeant be retained full time to manage, supervise and direct all YSOs in their day-to-day duties. This position is fully funded by the "City". The YSO Sergeant will solely function as the full-time supervisor of the Visalia Police Department Youth Services Bureau, which will include its YSOs.

Whereas, the Youth Services Officer Program by the District and the City is expected to improve the attendance, grades and behavior of the students on the campuses who have demonstrated problems at school, home and in the community.

Whereas, the Parties understand and agree that information sharing will advance the goals of this MOU and agree to share information including, but not limited to attendance, relevant student records, relevant health information, incident reports, and/or arrest records. Any information sharing by and between the Parties will be in strict compliance with local, state, and federal laws including but not limited to the Family Educational Rights and Privacy Act of 1974 (FERPA), the Health Insurance Portability and Accountability Act of 1996 (HIPAA), California’s Health Information Privacy laws (Code of Civil Procedure §56 et seq.) the California Public Records Act (Government Code § 6250 et seq.), and the California Constitution right to privacy (Article I, § 1) .

Whereas, the Parties are willing to enter into this agreement upon the terms and conditions set forth herein.

NOW THEREFORE BE IT AGREED AS FOLLOWS:

I. The City shall covenant or provide to the District:

A. Ten (10) full time YSOs, one each assigned to the five (5) District High Schools and the five (5 ) District Middle Schools specified above . The YSO assigned to Seq uoia High School will be responsible to cover Creekside Community School.

B. All YSOs will be scheduled to be at the schools of their respective assignments during the hours and times recommended by the school’s principal and mutually agreed upon by the 429

3 District and the City. Those times are usually during the school day, before school, during the lunch break and immediately after the school day comes to an end.

C. Regarding time away from work for vacations, training or other time off from campus, reasonable efforts will be made by the management of the Visalia Police Department to schedule the YSOs time off at a time which least interrupts the day-to-day operations of the assigned campus.

D. All YSOs are Peace Officers as defined in the California Penal Code and are employed by the Visalia Police Department, answerable directly and solely to the Chief of Police or the Chief's designee and as such are supervised by Depa rtment management and his/her assigned first line supervisor.

E. One (1) Visalia Police Department Police Sergeant assigned to supervise the Visalia Police Department Youth Services Bureau, which includes the City's YSOs.

F. All persons providing the services to the Youth Services Program , provided for herein, shall be employees of the City and shall at all times be subject to the direct supervision and control of the Visalia Police Department. The City shall have the sole res ponsibility of paying the salaries, taxes (including, but not limited to, federal Social Security taxes, and federal and California unemployment taxes), workers compensation insurance and all expenses related to each employee of the City.

G. A member of the District, selected by the District Superintendent or the Superintendent’s designee, shall be part of the interview and selection process for YSOs.

II. Each YSO shall provide the following to the campus of his/her respective assignment as we ll as any campus/facility deemed necessary by the YSO Sergeant:

A. The primary YSO attire will be the police service uniform, with the only exception to this dress code being authorized by the YSO Sergeant or other designee of the Chief of Police.

B. City vehicles utilized by the YSOs will be a marked police vehicle, provided by the City.

C. Each YSO will work on his/her assigned campus or feeder schools at his/her primary workstation throughout the school year in a collaborative manner with the site administrators and staff; maintaining the highest level of visibility possible. It is understood that during any workday, should an urgent need or extraordinary circumstance arise requiring his/her presence at another District location other than his/her a ssigned campus, the YSO shall upon request and on an "as needed" basis, be required to assist with said situation.

D. Other short term absences from the assigned campus by the YSO may occur for administrative, training or other reasons as deemed necessary by the YSO Sergeant.

E. YSOs will develop and maintain open communication and accountability with the administration of their assigned campus, and foster and maintain that accountability with the management of the school so the District is always aware of the YSOs status, on/off campus.

F. YSOs will make a positive effort to interact with students as a representative of the Visalia Police Department and act as an adult role model at the schools . A limited amount of 430

4 overtime funds will be available to staff certain high school events with YSO services. Both agencies, VPD and VUSD, will agree on those events.

G. YSOs will utilize intervention, prevention or suppression skills with the students who are involved in criminal activity or are in need of special attention, counseling or enforcement.

The YSOs are not responsible for requests to resolve routine discipline problems involving students.

H. YSOs will conduct investigations of criminal/juvenile related cases, where the victim, witness or suspect attends the school of the YSOs assignment, whether the case is an on- site case or case which was assigned as a follow-up investigation.

I. YSOs will work with the District, specifically the Student Services Division, to see that all critical information involving criminal activity at the District or involving District students, shall be filtered to the schools consistent with applicable laws.

J. YSOs shall make every effort to see that school employees understand the instructional, investigative, or enforcement role of the YSO and how to best utilize the services provided by the Police Department.

K. YSOs will provide input and guidance on how to respond to bomb threat, or active shooter situation, or other situations that could lead to a lock down at the school sites and appropriate District personnel.

III. The District shall agree to the following:

A. One parking stall in the parking lot for each High School shall be marked "Visalia Police Department Vehicles Only."
B. Each School site shall maintain adequate office space on-site, along with a desk, telephone, district-wide school radio, office supplies an d a computer to access VUSD, appropriate student information, and District e-mail.

C. The Principal of each site shall designate a site administrator as the liaison to the YSO and provide a system of accountability by which the YSO can follow which is conducive to the normal operations of both the City and the District. The District is responsible for administration of routine student discipline, including student code of conduct violations and student misbehavior, and the YSO will not be involved in that process unless the violation or misbehavior involves allegations of criminal conduct.

D. In order to maintain the success of the program, the Principal of each site shall provide timely feedback to the supervising YSO Sergeant and designated VUSD Manager in circumstances where said Principal may have concerns related to the performance of the assigned YSO, or questions related to the content of this agreement.

IV. Financial Agreements:

A. The parties to this MOU agree to the following financial obligations:

1. The District and the City hereby agree to share in the costs, salaries, 431

5 benefits, vehicle maintenance and estimated overtime of ten (10) YSOs (at the same pay level of a City Police Officer) each.
a. The City will fund one-half (1/2) of the cost associated with the ten (10) YSO positions, including salaries, benefits and vehicle maintenance, and estimated overtime for the 2022-2023 and 2023- 2024 school years.
b. The District will fund one-half (1/2) of the cost associated with the ten (10) YSO positions, including salaries, benefits and vehicle maintenance, and estimated overtime for the 2022-2023 and 2023- 2024 school years.

2. The City shall provide a Police Sergeant to function as the full time Supervisor of the Visalia Police Department Youth Services Bureau. The City shall fund all salary, benefits, and equipment costs of the Sergeant’s position.

B. The City of Visalia will provide the District with an invoice at the end of each quarter for the costs noted above as they apply to that quarter. The District shall pay that invoice within 30 days to the City of Visalia.

C. The cost breakdown for the Youth Services Program for each agency is as follows:

FY 2022-23 FY 2023-24 Total
City Of Visalia $1,090,522 $1,141,645 $2,232,167
Visalia Unified School
District (10) 1/2 Of S&B
$879,736 $920,674 $1,800,410
Program Total $1,970,258 $2,062,319 $4,032,577
FY 2022-23 FY 2023-24 Total

1. One (1) Supervisor, rank
of Sergeant; all Salary &
Benefits ,
$210,786 $220,971 $431,757

2. Ten (10 ) YSOs Police
Officer Rank; Salary &
Benefits, Fuel & Estimated
OT
$1,759,472 $1,841,348 $3,600,820
Program Total $1,970,258 $2,062,319 $4,032,577
432

6 V. Miscellaneous Provisions:

A. This MOU shall commence on July 1, 2022, and continue in full force through June 30, 2024.

B. This MOU may be terminated at any time by either party upon 90 days prior written notice to the other party.

C. The City and the District shall hold harmless, defend, and indemnify each other from and against any liability, claims, and actions, costs, damages, or losses from injury including death to any persons, or damage to any property as a result of any act or omission of the indemnifying party or its employees or agents in the performance of activities under this agreement.

D. Any notice to be given hereunder, shall be written and given by either personal delivery or by first class mail, postage pre-paid and addressed as follows City of Visalia: Leslie Caviglia
City Manager
City Administration
202 N. Santa Fe, St. Visalia, CA 93291

City of Visalia: Jason Salazar
Chief of Police
Visalia Police Department
303 S. Johnson Visalia, CA 93291

VUSD District: Kirk Shrum
Superintendent
Visalia Unified School District
5000 W. Cypress Avenue
Visalia, CA 93277

E. This MOU shall not be changed, altered, or modified unless the parties hereto agree to such alteration, change, or modification in writing and is signed by all parties.

F. This MOU may not be assigned or transferred by either party without the prior written consent of the other parties.

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7 IN WITNESS WHEREOF, the parties have executed this Memorandum of Understanding on the day and year written below.

DATED:____________________ ________________________________ City of Visalia
Leslie Caviglia, City Manager

DATED:____________________ ________________________________ City of Visalia
Jason Salazar, Chief of Police

DATED:_____________________ _________________________________ Visalia Unified School District
Kirk Shrum, Superintendent

434
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0195 Agenda Date: 5/16/2022 Agenda #: 9.

Agenda Item Wording:

Authorization to accept and appropriate funding for a State of California Housing and Community Development Regional Early Action Planning (REAP) Grant for the City of Visalia’sHousing Element update in an amount to not exceed $241,000.00.

Deadline for Action: 5/16/2022
Submitting Department: Community Development
Contact Name and Phone Number:

Brandon Smith, Principal Planner, [email protected] <mailto:[email protected]>, (559) 713-4636 Paul Bernal, Community Development Director, [email protected] <mailto:[email protected]>, (559)713-4025
Department Recommendation:

City staff recommends that the City Council authorize the City of Visalia Community Development Department to accept and appropriate funding for a State of California Department of Housing and Community Development Regional Local Early Action Planning (LEAP) grant in an amount not to exceed $241,000.00 for the preparation and adoption of the 2023-2031 6th Cycle Housing Element Update.

The REAP grant will be combined with the $155,000 allocated with the LEAP grant which has already been awarded to the City of Visalia. These combined grants will be used to hire a consultant to help prepare and adopt Visalia’s 6th Cycle Housing Element update.

Summary:

The California Department of Housing and Community Development (HCD) announced the release of the Notice of Funding Availability (NOFA) as part of the Regional Early Action Planning Grants Program (REAP). Fresno Council of Governments received a local government planning support grant and executed an agreement with the State of California’s Department of Housing and Community Development on behalf of the eight regional planning agencies within the San Joaquin Valley (the “COGs”) to provide local jurisdictions with grant funding 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 Need Assessment. Tulare County Council of Governments (TCAG) has received is allocation and is suballocating the balance of said grant funds to the County of Tulare and to each of the Cities within Tulare County to carry out the purposes of the grant. The City of Visalia’sallocation for REAP will not exceed $241,000. The REAP grant will be combined with the $155,000 allocated with the LEAP grant awarded to Visalia. These combined grants will be used to hire a consultant to help prepare and adopt Visalia’s 6th Cycle Housing Element update.

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File #: 22-0195 Agenda Date: 5/16/2022 Agenda #: 9.

Background Discussion:

The City of Visalia is currently circulating a “Request for Proposal” requesting proposals from qualified professional consultants to prepare a comprehensive “6thCycle”Housing Element update.

Staff has also attended 6th Cycle Housing Element update webinars to evaluate new mandates that are required with the “6th Cycle” update. Based on information staff received related to the cost associated with, and the complexity and state mandates required with the 6th Cycle Housing Element update, staff engaged TGAC staff to see if REAP funds were available for Visalia that could be used to help with the potential cost associated with the preparation and adoption of the 6th Cycle Housing Element update.

TCAG staff informed City staff that REAP funding was available for Visalia. The maximum amount identified by TCAG staff is up to $241,000. The REAP grant, combined with the LEAP grant funds identified for the Housing Element update (i.e., $155,000) should provide City staff with the necessary funds to attract proposals from qualified professional consultants to help the City of Visalia prepare a comprehensive “6th Cycle” Housing Element update.

Based on future estimated RHNA allocation housing units for the City of Visalia, and the opening of the City’sTier 2 Urban Growth Boundary in July 2021, the City will need to ensure that our urban growth boundaries provide adequate land uses to facilitate our housing needs. The City’sphysical growth has been occurring under Growth Tier I since the adoption of the General Plan Update in 2014, and with the opening of Tier II, capacity for additional housing needs is critical to enabling more land for various affordability levels to be developed within the City.

The housing element will:
· Identify and analyze the current and projected housing needs for all economic segments of the community.
· Evaluate the current and potential constraints to meeting those needs. · Inventory and assess availability of land suitable for residential use. · Establish a series of goals, objectives, policies and programs aimed at responding to housing needs, and housing opportunities.

Visalia is seeking to have the housing element adopted prior to December 2023 deadline.

Fiscal Impact:

Staff is requesting to appropriate up to a maximum of $241,000.00 from the General Fund to fund the 6th Cycle Housing Element Update. The REAP grant does not require matching funds. The REAP grant provides an additional secure source of funding to help in the preparation and adoption of the 2023-2031 Housing Element Update (6th Cycle).

Prior Council Action:

On January 4, 2021, the City Council approved Resolution No. 2020-70, authorizing the Community Visalia City Council Printed on 5/13/2022Page 2 of 3
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File #: 22-0195 Agenda Date: 5/16/2022 Agenda #: 9.

On January 4, 2021, the City Council approved Resolution No. 2020-70, authorizing the Community Development Department to submit a grant proposal under the LEAP Planning Grants Program. The approval also authorized staff to appropriate grant funds. The staff report associated with this action is included as an attachment.

On April 4, 2022, the City Council moved to authorize the City of Visalia Community Development Department to accept and appropriate funding for a State of California Housing and Community Development LEAP grant in the amount of $246,000 for various community development activities.

Alternatives: Deny the REAP funding for the Housing Element.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the City of Visalia Community Development Department to accept and appropriate funding for a State of California Housing and Community Development REAP grant in an amount to not exceed $241,000 for the 6th Cycle Housing Element update.

Environmental Assessment Status: None.

CEQA Review: No CEQA is required for the grant acceptance.

Attachments:

1. TULARE COUNTY ASSOCIATION OF GOVERNMENTS SERVICES
AGREEMENT “Regional Early Action Planning Grant Program” Visalia City Council Printed on 5/13/2022Page 3 of 3
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TCAG SERVICES AGREEMENT FORM
REVISION APPROVED 05/10/2018

TULARE COUN

TY ASSOCIATION OF GOVERNMENTS

SERVICES AGREEMENT
Regional Early Action Planning Grant Program

THIS AGR
EEMENT (“Agreement”) is entered into effective as of July 1, 2021, between the TULARE COUNTY ASSOCIATION OF GOVERNMENTS, a joint powers authority established under the laws of the State of California (“ TCAG”), and the CITY OF ________________ _, a California Municipal Corporation] (“CON- TRACTOR”). TCAG and CONTRACTOR is each a “Party” and together are the “Parties” to this Agreement, which is made with reference to the following:

A. WHEREAS, the Fresno Council of Governments (“FCOG”) received a local government planning support grant and executed an Agreement with the State of California’s Department of Housing and Com- munity Development in the amount of $10,218,830.75 on August 20, 2020 (the “REAP Grant Agreement”, which is attached as Attachment A) on behalf of the eight regional planning agencies within the San Joaquin Valley (the “COGs”) to provide local jurisdictions with grant funding 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 Need Assessment; and
B. WHEREAS, in furtherance of the purposes of the grant, the COGs entered into a Memorandum of Understanding as of November 19, 2020 and amended that Memorandum of Understanding effective as of July 1, 2021 (together, the “REAP MOU”, which is attached as Attachment B) whereby FCOG was named as the fiscal agent for the grant on behalf of the COGs, and in turn agreed to distribute grant funds to each of the COGs in proportion to each COG’s relative population as of January 2020; and C. WHEREAS
, TCAG expects to receive approximately $1,613,803 of such grant funds under the REAP MOU, will use $225,000 of such funds to prepare the Regional Housing Need Assessment Plan and provide technical assistance and regional planning coordination for the provision of housing , and has agreed to suballocate the balance of said grant funds to the County of Tulare and to each of the Cities within Tulare County (the “member agencies”) to carry out the purposes of the grant , with each member agency to receive a base amount of $100,000 and the remaining suballocated funds to be distributed based on each member agency’s percentage of population within Tulare County; and D. WHEREAS, CONTRACTOR is willing and able to util ize its share of such funds, the amount and distribution of which TCAG will confirm in writing, for the permitted purposes, and TCAG is willing to make such funds available to CONTRACTOR under the terms of this Agreement.

NOW, THER
EFORE, THE PARTIES AGREE AS FOLLOWS:

1. TERM: This
Agreement becomes effective as of July 1, 2021, and expires at 11:59 PM on December 31, 2024, unless its term is extended by written amendment or it is earlier terminated as provided below.

2.SERVICES: CONTRACTOR shall provide the services shown in the attached Attachment C.

3. REAP Gr
ant Agreement and REAP MOU: The terms and conditions of the REAP Grant Agreement and of the REAP MOU are hereby incorporated into and made a part of this Agreement and CONTRACTOR shall abide by said terms and conditions in its performance under this Agreement.

4. INSURANCE: Before approval of this Agreement by TCAG, CONTRACTOR must file with the Clerk of the Board of Governors of TCAG evidence of the required insurance as set forth in the attached Attachment D. 438

TCAG SERVICES AGREEMENT FORM
REVISED 05/10/2018

TULARE C

OUNTY ASSOCIATION OF GOVERNMENTS

SERVICES AGREEMENT
Regional Early Action Planning Grant Program

5. GENERAL AGREEMENT TERMS AND CONDITIONS: TCAG ’S “General Agreement Terms and C ondi- tions” are hereby incorporated by reference and made a part of this Agreement as if fully set forth herein.

TCAG’S “General Agreement Terms and Conditions” are included in the attached Attachment E.

6. NOTICE
S: (a) Except as may be otherwise required by law, any no�ce to be given must be writen and must be either personally delivered, sent by facsimile transmission, or sent by first class mail, postage prepaid and addressed as follows:

TCAG:

Atn
: Ted Smalley
210 N. Church Street, Suite B
Visalia, CA 93291
Phone No.: (559) 623-0450
Fax No.: (559) 733-6720
CONTR
ACTOR:

Atn: ____________________________
________________________________
________________________________
________________________________
________________________________
(b) No�c
e personally delivered is effec�ve when delivered. No�ce sent by facsimile transmission is deemed to be received upon successful transmission. No�ce sent by first class mail will be deemed re- ceived on the fi�h calendar day a�er the date of mailing. Either Party may change the above address by giving writen no�ce under this sec�on.

7. SUBCONTRACTING: If this box is checked , CONTRACTOR has indicated it will utilize subcontractors to provide certain ser vices related to this Agreement. CONTRACTOR has selected the following subcon- tractors (“Subcontractors”) to provide the goods or services related to this Agreement: N/A. CONTRACTOR will supervise all Subcontractors and ensure that Subcontractors comply with all applicable laws and reg- ulations. CONTRACTOR will include all applicable provisions of this Agreement in its contracts with Sub- contractors and ensure compliance with those provisions. No other subcontractors shall be utilized with- out prior written approval from the Executive Director of TCAG.

8. AUTHORITY: CONTRACTOR represents and warrants to TCAG that the individual(s) signing this Agree- ment on its behalf are duly authorized and have legal capacity to sign this Agreement and bind CONTRAC- TOR to its terms. CONTRACTOR acknowledges that TCAG has relied upon this representation and warranty in entering into this Agreement.

9. COUNTERPARTS: The Parties may sign this Agreement in counterparts, each of which is an original and all of which taken together form one single document. 439

TCAG SERVICES AGREEMENT FORM
REVISED 05/10/2018

TULARE COUN

TY ASSOCIATION OF GOVERNMENTS

SERVICES AGREEMENT
Regional Early Action Planning Grant Program

THE PARTIES, having read and considered the above provisions, indicate their agreement by their au- thorized signatures below.

CITY OF _________________________________
Date: By
ATTEST: _______
__________________________
By

TULARE COUNTY ASSOCIATION OF GOVERNMENTS
Date: By
Ted Smalley
Executive Director
ATTEST: Le
slie Davis, Finance Director
By
Approve
d as to Form:

County Counsel
By
Deputy
Matter # 20
21557
Attachments
A = REAP Grant Agreement;
B = REAP MOU and Amendment No. 1;
C = Scope of Services;
D = Insurance Provisions;
E = TCAG’S General Agreement Te rms and Conditions.

Title:

Title:
440

ATTACHMENT A

REAP GRANT AGREEMENT (ATTACHED)
441
Exhibit A
Grant funding agreement number 19-REAP-14029
442
9/3/2020
443
Fresno Council of Governments
19-REAP-14029

Rev.8/19/2020

EXHIBIT A
Regional Early Action Planning Grant Program (REAP)
NOFA Date: October 10, 2019
Approved Date: April 9, 2020
Prep. Date: August 12, 2020

AUTHORITY, PURPOSE AND SCOPE OF WORK

1. Authority
The Local Government Planning Support Grants Program is established for the purpose of providing regions and jurisdictions with one-time funding, including grants for planning activities to enable jurisdictions to meet the sixth cycle of the regional housing needs assessment. Up to two hundred fifty million dollars ($250,000,000) shall be distributed under the program in accordance with Health and Safety Code sections 50515.02 and 50515.03. Of this amount, approximately one hundred twenty-five million dollars ($125,000,000) is available to councils of governments and other regional entities. The Department of Housing and Community Development (Department or HCD) shall administer the Program (referred to herein as the Regional Early Action Planning Grant Program, or “REAP”) to councils of governments and other regional entities in accordance with the Notice of Funding Availability (“NOFA”) pursuant to Health and Safety Code section 50515.04, subdivision (f).

Pursuant to Health and Safety Code section 50515.02, subdivision (d)(3), a council of governments or a fiscal agent of a multiagency working group, as defined in section 50515.02, may request up to 25 percent of its available funding in advance. This Standard Agreement authorizes the encumbrance of full funds available to the applicant pursuant to the NOFA, subject to all statutory requirements and all applicable provisions including the NOFA, initial application and award for advance payment, subsequent advance payment application and award, application and award for the full remaining fund amount and amendment to this agreement.

The Grantee shall consult with the Department on any amendment or other provision related to the implementation of the Program. The Department decisions related to the administration of the Program shall be final pursuant to Health and Safety Code section 50515.04, subdivision (g).

2. Purpose
In accor
dance with the authority cited above, the Grantee has been awarded financial assistance in the form of a grant from the Program. The Department has agreed to make the grant for planning activities pursuant to the NOFA and this Agreement. By entering into this Agreement and thereby accepting the award of the Program funds, the Grantee agrees to comply with the terms and conditions 444
Fresno Council of Governments
19-REAP-14029

Rev.8/19/2020

EXHIBIT A
Regional Early Action Planning Grant Program (REAP)
NOFA Date: October 10, 2019
Approved Date: April 9, 2020
Prep. Date: August 12, 2020
of the NOFA, this Agreement, subsequent amendments to this Agreement, the representations contained in the initial advance payment and subsequent full application(s), and the requirements of the authority cited above. Based on all representations made by the Grantee, the Department shall encumber the full amount pursuant the NOFA and provide advance payment and subsequent payments in accordance with Exhibit B. All terms, conditions and other relevant provisions will be subject to amendments as a result of subsequent applications and awards for remaining funds after the initial application up to 25 percent of the full amount described in Exhibit B.

3. Definitions
Term
s herein shall have the same meaning as defined by the NOFA.

4. Scope of Work
Gr
antee shall use the awarded funds in accordance with the approved Scope of Work as contained in the timeline and budget and related information outlined in the application for 25 percent advance payment and any subsequent applications for partial or full funding. The Scope of Work may be amended in compliance with statutory requirements subject to approval by the Department.

5. Monitoring
A. The Gr
antee shall maintain books, records, documents, and other evidence that demonstrates the funding was used for the appropriate purposes, as described in the Scope of Work, approved application, subsequent approved applications and all other pertinent documents.

These books, records, documents and other evidence shall be made available for audit and inspection by the Department at any point during the term of the agreement and subject to any amendments to this agreement.

B. The Depart
ment may request additional information, as needed, to meet the statutory requirements of the Program and facilitate amendments to this agreement, including but not limited to reporting or audit requirements, progress in implementing advance payment(s), or award of the full amount available to the Grantee.
445
Fresno Council of Governments
19-REAP-14029

Rev.8/19/2020

EXHIBIT A
Regional Early Action Planning Grant Program (REAP)
NOFA Date: October 10, 2019
Approved Date: April 9, 2020
Prep. Date: August 12, 2020
C. The Department may monitor expenditures and activities of an applicant, as the Department deems necessary, to ensure compliance with statutory or Department requirements.

D. The Depart
ment may, as it deems appropriate or necessary, request the repayment of funds from an applicant, or pursue any other remedies available to it by law for failure to comply with statutory or Department requirements.

E. The Depart
ment’s decision to approve or deny an application or request for funding pursuant to the Program, and its determination of the amount of funding to be provided, shall be final.

F. Moni
toring provisions may be amended and are subject to additional provisions in accordance with this agreement or subsequent amendments.

6. Department Contract Coordinator
The Cont
ract Coordinator of this Agreement for the Department is the Housing Policy Development Manager, or the Manager’s designee. Unless otherwise informed, any notice, report, or other communication required by this Agreement shall be mailed by first class mail to the Department Contract Coordinator at the following address:

Depar
tment of Housing and Community Development
Housing Policy Development Division
Land Use Planning Unit
Attention: REAP Program Manager
2020 West El Camino Avenue, Suite 500
Sacramento, CA 95833
P. O. Box 952050
Sacramento, CA 94252-2050
446
Fresno Council of Governments
19-REAP-14029

Rev. 8/19/2020

EXHIBIT B
Regional Early Action Planning Grants (REAP)
NOFA Date: October 10, 2019
Approved Date: March 30, 2020
Prep. Date: August 12, 2020

BUDGET DETAIL AND PAYMENT PROVISIONS

1. Application for Funds
A. The Depar
tment is entering into this Agreement on the basis of, and in reliance on facts, information, assertions and representations contained in any application and award and any subsequent modifications or additions thereto approved by the Department. All awarded applications for funding and any approved modifications and additions thereto are hereby incorporated into this Agreement.

B. The Gr
antee warrants that all information, facts, assertions and representations contained in any approved application and approved modifications and additions thereto are true, correct, and complete to the best of the Grantee’s knowledge. In the event that any part of an application and any approved modification and addition thereto is untrue, incorrect, incomplete, or misleading in such a manner that would substantially affect the Department's approval, disbursement, or monitoring of the funding and the grant or activities governed by this Agreement, the Department may declare a breach hereof and take such action or pursue such remedies as are provided for breach hereof.

2. Grant and Reimbursement Limit
A. The max
imum total amount encumbered to the Grantee pursuant to this Agreement shall not exceed $10,218,830.75.

B. This
Agreement authorizes an initial advance payment(s) for eligible activities as described in the application.

C. This
Agreement authorizes subsequent award amounts or advance payment up to the total award amount as described in Section 2A, of this Exhibit, and subject to Department approval.

D. The Gr
antee shall submit and follow a schedule for the expenditure of the advance payment, any subsequent payment and the total amount prior to 447
Fresno Council of Governments
19-REAP-14029

Rev. 8/19/2020

EXHIBIT B
Regional Early Action Planning Grants (REAP)
NOFA Date: October 10, 2019
Approved Date: March 30, 2020
Prep. Date: August 12, 2020
disbursement of funds. The schedule is subject to Department approval and may be revised as the Department deems necessary.

3. Grant Timelines
A. This A
greement is effective upon approval by the Department
representative’s signature on page one of the fully executed Standard Agreement, STD 213, (the “Effective Date”).

B. All Grant funds must be expended by December 31, 2023 pursuant to Health and Safety Code section 50515.04(c )(1).

C. The Grant
ee shall deliver to the Department all final invoices for reimbursement on or before November 1, 2023, to ensure the Department meets the December 31, 2023 expenditure deadline. Under special circumstances, approved by the Department, the Department may modify the November 1, 2023 deadline and may provide exception, including, but not limited to, advance payment to carry out the terms of this agreement.

D. It i
s the responsibility of the Grantee to monitor the project and timeliness of draws within the specified dates.

4. Allowable Uses of Grant Funds
A. The Depart
ment shall not award or disburse funds unless it determines that the grant funds shall be expended in compliance with the terms and provisions of the NOFA which includes associated forms and guidelines and this Agreement.

B. Grant
funds shall only be used by the Grantee for project activities approved by the State that involve planning activities in accordance with the NOFA.

C. G rant
funds may not be used for administrative costs of persons employed by the Grantee for activities not directly related to eligible activities.

D. The Grant
ee shall use no more than 5 percent of the total grant amount for costs related to administration of the project.
448
Fresno Council of Governments
19-REAP-14029

Rev. 8/19/2020

EXHIBIT B
Regional Early Action Planning Grants (REAP)
NOFA Date: October 10, 2019
Approved Date: March 30, 2020
Prep. Date: August 12, 2020
E. A Grantee that receives funds under this Program may use a subcontractor and Grantee shall be accountable to the Department to ensure subcontractor’s performance. The subcontract shall provide for compliance with all the requirements of the Program. The subcontract shall not relieve the Grantee of its responsibilities under the Program.

F. Aft
er the contract has been executed by the Department and all parties, approved and eligible costs for eligible activities may be reimbursed for the project(s) upon completion of deliverables or paid in advance in accordance with the scope of work and subject to the terms and conditions of this Agreement.

G. Only approved and eligible costs incurred for work after October 1, 2019, continued past the date of execution and acceptance of the Standard Agreement and completed during the grant term will be reimbursable.

5. Performance
The Grant
ee will be subject to amendments to this section as a result of future applications and awards.

6. Fiscal Administration
A. The Grant
ee will be subject to amendments to this section as a result of subsequent applications and awards, in consultation with the Grantee.

B. It i
s mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall immediately terminate and be of no further force and effect. In this event, the State and Contractor shall be relieved of any and all obligations under this Grant Agreement.

C. If
funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the sole discretion to cancel this Agreement without cause, no liability occurring to the State, or amend the current Grant Agreement and amount allocated to Contractor. 449
Fresno Council of Governments
19-REAP-14029

Rev. 8/19/2020

EXHIBIT D
Regional Early Action Planning Grants (REAP)
NOF
A Date: October 10, 2019
Approved Date: April 9, 2020
Prep. Date: August 12, 2020

REAP TERMS AND CONDITIONS

1. Reporting
A. Dur
ing the term of the Standard Agreement the Grantee shall submit, upon request of the Department, a performance report that demonstrates satisfaction of all requirements identified in this Standard Agreement.

B. The Gr
antee will be subject to amendments to this section as a result of subsequent applications and awards.

2. Accounting Records
A. The Gr
antee, its staff, contractors and subcontractors shall establish and maintain an accounting system and reports that properly accumulate incurred project costs by line. The accounting system shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices.

B. The Gr
antee shall establish a separate ledger account for receipts and expenditures of grant funds and maintain expenditure details in accordance with the scope of work, project timeline and budget. Separate bank accounts are not required.

C. The Gr
antee shall maintain documentation of its normal procurement policy and competitive bid process (including the use of sole source purchasing), and financial records of expenditures incurred during the course of the project in accordance with GAAP.

D. The Gr
antee agrees that the State or designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of the Standard Agreement.

E. Subc
ontractors employed by the Grantee and paid with moneys under the terms of this Standard Agreement shall be responsible for maintaining accounting records as specified above.

3. Audits
A. At
any time during the term of the Standard Agreement, the Department may 450
Fresno Council of Governments
19-REAP-14029

Rev. 8/19/2020

EXHIBIT D
Regional Early Action Planning Grants (REAP)
NOF
A Date: October 10, 2019
Approved Date: April 9, 2020
Prep. Date: August 12, 2020
perform or cause to be performed a financial audit of any and all phases of the award. At the Department’s request, the Grantee shall provide, at its own expense, a financial audit prepared by a certified public accountant. The State of California has the right to review project documents and conduct audits during and over the project life.
1) The Gr
antee 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 Gr
antee agrees to provide the Department or the Department’s designee, with any relevant information requested.
3) The Gr
antee agrees to permit the Department or the Department’s designee access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees who might reasonably have information related to such records and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with statutes, Program guidelines, and this Agreement.

B. If
a financial audit is required by the Department, the audit shall be performed by an independent certified public accountant. Selection of an independent audit firm shall be consistent with procurement standards contained in Exhibit D, Section 8 subsection A. of this Standard Agreement.
1) The Gr
antee 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 Gr
antee is responsible for the completion of audits and all costs of preparing audits.
3) If
there are audit findings, the Grantee shall submit a detailed response acceptable to the Department for each audit finding within 90 days from the date of the audit finding report.

C. The Gr
antee 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.
451
Fresno Council of Governments
19-REAP-14029

Rev. 8/19/2020

EXHIBIT D
Regional Early Action Planning Grants (REAP)
NOF
A Date: October 10, 2019
Approved Date: April 9, 2020
Prep. Date: August 12, 2020
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 Gr
antee 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 deter
mination by the Department of the eligibility of any expenditure shall be final.

E. The Gr
antee shall retain all books and records relevant to this Agreement for a minimum of (3) three years after the end of the term of this Agreement. Records relating to any and all audits or litigation relevant to this Agreement shall be retained for five years after the conclusion or resolution of the matter.

4. Remedies of Non-performance
A. Any
dispute concerning a question of fact arising under this Standard Agreement that is not disposed of by agreement shall be decided by the Department’s Housing Policy Development Manager, or the Manager’s designee, who may consider any written or verbal evidence submitted by the Grantee. The decision of the Department’s Housing Policy Development Manager or Designee shall be the Department’s final decision regarding the dispute, not subject to appeal.

B. Nei
ther the pendency of a dispute nor its consideration by the Department will excuse the Grantee from full and timely performance in accordance with the terms of this Standard Agreement.

C. In t
he event that it is determined, at the sole discretion of the Department, that the Grantee is not meeting the terms and conditions of the Standard Agreement, immediately upon receiving a written notice from the Department to stop work, the Grantee shall cease all work under the Standard Agreement. The Department has the sole discretion to determine that the Grantee meets the terms and conditions after a stop work order, and to deliver a written notice to the grantee to resume work under the Standard Agreement.
452
Fresno Council of Governments
19-REAP-14029

Rev. 8/19/2020

EXHIBIT D
Regional Early Action Planning Grants (REAP)
NOF
A Date: October 10, 2019
Approved Date: April 9, 2020
Prep. Date: August 12, 2020
D. Both the Grantee and the Department have the right to terminate the Standard Agreement at any time upon 30 days written notice. The notice shall specify the reason for early termination and may permit the Grantee or the Department to rectify any deficiency(ies) prior to the early termination date. The Grantee shall submit any requested documents to the Department within 30 days of the early termination notice.

E. A st
rong implementation component for the funded activity through this Program is required, including, where appropriate, agreement by Grantee and its subcontractors to formally adopt or complete a planning or other activity consistent with the NOFA. The Grantee must carry out provisions to ensure the adoption or completion of activities in accordance with the NOFA, including activities subcontracted to localities. Grantee may be subject to repayment of the grant should the Grantee or any of its subcontractors under this agreement fail to adopt or complete activities set forth in its application, this Agreement or any amendments to this Agreement.

F. The fol
lowing shall each constitute a breach of this Agreement:
1) Gr
antee’s failure to comply with any term or condition of this Agreement. 2) Us
e of, or permitting the use of, grant funds provided under this Agreement for any ineligible costs or for any activity not specified and approved under this Agreement.
3) Any
failure to comply with the deadlines set forth in this Agreement unless approved by the Program Manager in writing.

G. In addi
tion to any other remedies that may be available to the Department in law or equity for breach of this Agreement, the Department may at its discretion, exercise a variety of remedies, including but not limited to:
1) Rev
oke existing REAP award(s) to the Grantee;
2) Requ
ire the return of unexpended REAP funds disbursed under this Agreement;
3) Requ
ire repayment of REAP Funds disbursed and expended under this agreement;
4) Seek
a court order for specific performance of the obligation defaulted upon, or the appointment of a receiver to complete the obligations in accordance 453
Fresno Council of Governments
19-REAP-14029

Rev. 8/19/2020

EXHIBIT D
Regional Early Action Planning Grants (REAP)
NOF
A Date: October 10, 2019
Approved Date: April 9, 2020
Prep. Date: August 12, 2020
with the REAP Program requirements; and
5) Ot
her remedies available at law, by and through this agreement. All remedies available to the Department are cumulative and not exclusive. 6) The Depar
tment may give written notice to the Grantee to cure the breach or violation within a period of not less than 15 days.

H. The Gr
antee may be subject to amendment of this section as a result of subsequent applications and awards.

5. Indemnification
Nei
ther the Department nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by the Grantee, its officers, employees, agents, its contractors, its sub-recipients or its subcontractors under or in connection with any work, authority or jurisdiction conferred upon the Grantee under this Standard Agreement. It is understood and agreed that the Grantee shall fully defend, indemnify and save harmless the Department and all of the Department’s staff from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortuous, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by the Grantee, its officers, employees, agents contractors, sub-recipients, or subcontractors under this Standard Agreement.

6. Waivers
No w
aiver of any breach of this Agreement shall be held to be a waiver of any prior or subsequent breach. The failure of the Department to enforce at any time the provisions of this Agreement, or to require at any time, performance by the Grantee of these provisions, shall in no way be construed to be a waiver of such provisions nor to affect the validity of this Agreement or the right of the Department to enforce these provisions.

7. Relationship of Parties
It
is expressly understood that this Standard Agreement is an agreement executed by and between two independent governmental entities and is not intended to, and shall not be construed to, create the relationship of agent, servant, employee, partnership, joint venture or association, or any other relationship whatsoever other than that of an independent party.

8. Third -Party Contracts
454
Fresno Council of Governments
19-REAP-14029

Rev. 8/19/2020

EXHIBIT D
Regional Early Action Planning Grants (REAP)
NOF
A Date: October 10, 2019
Approved Date: April 9, 2020
Prep. Date: August 12, 2020
A. All sta
te-government funded procurements must be conducted using a fair and competitive procurement process. The Grantee may use its own procurement procedures as long as the procedures comply with all City/County laws, rules and ordinances governing procurement, and all applicable provisions of California state law.

B. Any
contract entered into as a result of this Agreement shall contain all the provisions stipulated in this Agreement and shall be applicable to the Grantee’s sub-recipients, contractors, and subcontractors. Copies of all agreements with sub-recipients, contractors, and subcontractors shall be submitted to the Department’s program manager.

C. The Depar
tment does not have a contractual relationship with the Grantee’s sub- recipients, contractors, or subcontractors, and the Grantee shall be fully responsible for monitoring and enforcement of those agreements and all work performed thereunder.

9. Compliance with State and Federal Laws, Rules, Guidelines and Regulations A. The Gr
antee 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. Dur
ing 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 Gr
antee shall include the nondiscrimination and compliance provisions of this clause in all agreements with its sub-recipients, contractors, and subcontractors, and shall include a requirement in all agreements that each of them in turn include the nondiscrimination and compliance provisions of this 455
Fresno Council of Governments
19-REAP-14029

Rev. 8/19/2020

EXHIBIT D
Regional Early Action Planning Grants (REAP)
NOF
A Date: October 10, 2019
Approved Date: April 9, 2020
Prep. Date: August 12, 2020
clause in all contracts and subcontracts they enter into to perform work under REAP.

D. The Gr
antee shall, in the course of performing project work, fully comply with the applicable provisions of the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.) E. T he Grantee shall adopt and implement affirmative processes and procedures that provide information, outreach and promotion of opportunities in the REAP project to encourage participation of all persons regardless of race, color, national origin, sex, religion, familial status, or disability. This includes, but is not limited to, a minority outreach program to ensure the inclusion, to the maximum extent possible, of minorities and women, and entities owned by minorities and women, as required by 24 CFR 92.351.

10. Litigation
A. If
any provision of this Agreement, or an underlying obligation, is held invalid by a court of competent jurisdiction, such invalidity, at the sole discretion of the Department, shall not affect any other provisions of this Agreement and the remainder of this Agreement shall remain in full force and effect. Therefore, the provisions of this Agreement are, and shall be, deemed severable.

B. The Gr
antee shall notify the Department immediately of any claim or action undertaken by or against it, which affects or may affect this Agreement or the Department, and shall take such action with respect to the claim or action consistent with the terms of this Agreement and the interests of the Department.

11. Changes in Terms/Amendments
A. The Gr
antee may be subject to amendments to this section as a result of subsequent applications and awards.

B. This
Agreement may only be amended or modified by mutual written agreement of both parties.

12. State-Owned Data
A. Def
initions
456
Fresno Council of Governments
19-REAP-14029

Rev. 8/19/2020

EXHIBIT D
Regional Early Action Planning Grants (REAP)
NO
FA Date: October 10, 2019
Approved Date: April 9, 2020
Prep. Date: August 12, 2020
1) Work:

The w
ork to be directly or indirectly produced by the Grantee, its employees, or by and of the Grantee’s contractor’s, subcontractor’s and/or sub-recipient’s employees under this Agreement.
2) W
ork Product:

A
ll deliverables created or produced from Work under this Agreement including, but not limited to, all Work and Deliverables conceived or made, either solely or jointly with others during the term of this Agreement, which relates to the Work commissioned or performed under this Agreement. Work Product includes all deliverables, inventions, innovations, improvements, or other works of authorship Grantee and/or Grantee’s contractor subcontractor and/or sub-recipient may conceive of or develop in the course of this Agreement, whether or not they are eligible for patent, copyright, trademark, trade secret or other legal protection. 3) I
nventions:

A
ny ideas, methodologies, designs, concept, technique, invention, discovery, improvement or development regardless of patentability made solely by the Grantee or jointly with the Grantee’s contractor, subcontractor and/or sub- recipient and/or Grantee’s contractor, subcontractor, and/or sub-recipient’s employees with one or more employees of the Department during the term of this Agreement and in performance of any Work under this Agreement, provided that either the conception or reduction to practice thereof occurs during the term of this Agreement and in performance of Work issued under this Agreement.

B. O
wnership of Work Product and Rights
1) All wo
rk Product derived by the Work performed by the Grantee, its employees or by and of the Grantee’s contractor’s, subcontractor’s and/or sub-recipient’s employees under this Agreement, shall be owned by the Department and shall be considered to be works made for hire by the Grantee and the Grantee’s contractor, subcontractor and/or subrecipient for the Department. The Department shall own all copyrights in the work product.
2) G
rantee, its employees and all of Grantee’s contractor’s, subcontractor’s and sub-recipient’s employees agree to perpetually assign, and upon creation of each Work Product automatically assign, to the Department, ownership of all United States and international copyrights in each and 457
Fresno Council of Governments
19-REAP-14029

Rev. 8/19/2020

EXHIBIT D
Regional Early Action Planning Grants (REAP)
NO
FA Date: October 10, 2019
Approved Date: April 9, 2020
Prep. Date: August 12, 2020
every Work Product, insofar as any such Work Product, by operation of law, may not be considered work made for hire by the Grantee’s contractor, subcontractor and/or subrecipient from the Department. From time to time upon the Department’s request, the Grantee’s contractor, subcontractor and/or subrecipients, and/or its employees, shall confirm such assignments by execution and delivery of such assignment, confirmations or assignment or other written instruments as the Department may request. The Department shall have the right to obtain and hold in its name all copyright registrations and other evidence of rights that may be available for Work Product under this Agreement. Grantee hereby waives all rights relating to identification of authorship restriction or limitation on use or subsequent modification of the Work. 3) G
rantee, its employees and all Grantee’s contractors, subcontractors and sub-recipients hereby agree to assign to the Department all Inventions, together with the right to seek protection by obtaining patent rights therefore and to claim all rights or priority thereunder and the same shall become and remain the Department’s property regardless of whether such protection is sought. The Grantee, its employees and Grantee’s contractor, subcontractor and /or subrecipient shall promptly make a complete written disclosure to the Department of each Invention not otherwise clearly disclosed to the Department in the pertinent Work Product, specifically noting features or concepts that the Grantee, its employees and/or Grantee’s contractor, subcontractor and/or subrecipient believes to be new or different.
4) U
pon completion of all work under this Agreement, all intellectual property rights, ownership and title to all reports, documents, plans, specifications and estimates, produced as part of this Agreement shall automatically vest in the Department and no further agreement will be necessary to transfer ownership to the Department.

13. Special Conditions
The S
tate reserves the right to add any special conditions to this Agreement it deems necessary to assure that the policy and goals of the Program are achieved, in consultation with the Grantee.
458
Ex
hibit B
Pro-rata Initial Allocations to Each Regional Transportation Planning Agency Based on January 2020 California Department of Finance Population Estimates

REAP PLANNING GRANT INITIAL ALLOCATIONS MPO

DISTRIBUTION
MPO Share by Population*
Fresno Council of Governments 1,032,227 23.50% $1,114,737.62 Kern Council of Governments 927,251 21.11% $1,001,370.41 Kings County Association of Governments 156,444 3.56% $168,949.28 Madera County Transportation Commission 160,089 3.64% $172,885.65 Merced County Association of Governments 287,420 6.54% $310,394.79 San Joaquin Council of Governments 782,545 17.81% $845,097.40 Stanislaus Council of Governments 562,303 12.80% $607,250.45 Tulare County Association of Governments 484,423 11.03% $523,145.14 Total 4,392,702 100.00% $4,743,830.75
459

ATTACHMENT B
R
EAP MOU and AMENDMENT No. 1 TO MEMORANDUM OF UNDERSTANDING

SAN JOAQUIN VALLEY REGIONAL EARLY ACTION PLANNING COMMITTEE FOR HOUSING (ATTACHED)
460

MEMORANDUM OF UNDERSTANDING
San Joaquin Valley Regional Early Action Planning Committee for Housing This memorandum of understanding (“MOU”) is made this 19th day of November 2020 (“Effective Date”), by and between the agencies (“Members”) comprising the San Joaquin Valley Regional Early Action Planning Committee for Housing (“Committee”) set forth below:

Fresno Council of Governments
2035 Tulare Street Suite 201
Fresno, CA 93721
Email: [email protected]
Kern Council of Governments
1401 19th Street, Suite 300
Bakersfield, California 93301
Email: [email protected]
Kings County Association of
Governments
339 W D Street
Lemoore, CA 93245
Email: [email protected]
Madera County Transportation
Commission
2001 Howard Road, Suite 201
Madera, CA 93637
Email: [email protected]
Merced County Association of
Governments
369 W 18th Street
Merced, CA 95340
Email: [email protected]
San Joaquin Council of Governments
555 E Weber Avenue
Stockton, CA 95202
Email: [email protected]
Stanislaus Council of Governments
1111 “I” Street, Suite 308
Modesto, CA 95354
Email: [email protected]
Tulare County Association of
Governments
210 N Church Street, Suite B
Visalia, CA 93291
Email: [email protected]

RECITALS
A. Under section 50515.02, subdivision (a), of the Health and Safety Code, the State of California Department of Housing and Community Development (“ HCD”) has made available one hundred twenty -five million dollars ($125,000,000) in local government planning support grants to regional entities and working groups as outlined by the statute.

B. The Committee is one of the working groups identified in section 50515.02, subdivision (a), of the Health and Safety Code.

C. On June 26, 2020, the Members approved submission of an application for grant funding (“Application”) to HCD by Fresno Council of Governments (“FCOG”) as the fiscal agent on behalf of the Committee.
461

D. On August 14, 2020, HCD approved the Application and an allocation of $10,218,830.75 in grant funds (the “Initial Grant”) to the Members through FCOG.

E. On August 20, 2020, FCOG and HCD executed grant funding agreement number 19-REAP-14029 (“Agreement”). A true and correct copy of the Agreement is attached hereto as “Exhibit A.”
F. This MOU is intended to reflect the Members ’ understanding of the distribution of the Initial Grant and to facilitate the subsequent implementation of activities by the Members in furtherance of the purposes for which the Initial Grant was approved by HCD.

The Members therefore agree as follows:

1. Allocation of Initial Grant. The Members agree to allocate the $10,218,830.75 of the Initial Grant as follows:
a. FCOG will retain $5,475,000 of the Initial Grant to perform the following tasks:
i. FCOG shall prepare a comprehensive housing report and policy recommendations for implementation, as stated in the Application.

FCOG may enter into agreements as necessary to perform its obligations under this provision of the MOU and under the Application and Agreement.
ii. FCOG shall conduct regional planning and coordination, and provide technical assistance, as stated in the Application. FCOG may enter into agreements as necessary to perform its obligations under this term of the MOU and under the Application and Agreement. iii. FCOG shall administer of the Application, Agreement, this MOU, and the Initial Grant, as stated in the Application.
b. FCOG shall distribute the remaining $ 4,743,830.75 of the Initial Grant directly to each of the Members, as more particularly described in “Exhibit B,” in proport ion to each Member’s relative population using California Department of Finance population estimates updated as of January 2020.

2. Compliance with the Agreement and MOU. Each Member hereby acknowledges its cognizance of and its understanding of its obligation to comply with the terms and conditions of the Agreement and MOU. Each Member agrees to abide by the terms and conditions of the Agreement and to undertake all actions requested by FCOG pursuant to the Agreement or MOU , in order to facilitate FCOG’s compliance with the terms and conditions of the Agreement.

3. Compliance with the Law. Each Member agrees to comply with all Federal, State, and local laws in the performance of its obligations under this MOU. 462

4. Sub-Agreements. Copies of all agreements between any Member and any sub- recipient, contractor or subcontractor shall be submitted to FCOG, so that they then may be provided to HCD’s Program Manager as required by Exhibit D, section 8, paragraph B of the Agreement.

5. Quarterly Reports . Each Member also shall deliver to FCOG, on a quarterly basis, status reports and accounting records reflecting any expenditure of the Initial Grant by that Member or by a sub-recipient of that Member. Each Member shall deliver its status reports and accounting records within thirty (30) days following the end of the period covered by the document . Each member’s quarterly status reports shall, at a minimum, include discussion of any allocations or sub-allocations of the Initial Grant, a description of any project initiated in whole or in part with the Initial Grant and a description of the progress made on any such project.

6. Retention of Records. Each Member shall maintain public records (as that term is defined in Government Code section 6252 ) (collectively, “ Records”) required under the Agreement, relating to any matter contained in this MOU , or demonstrating that the Initial Grant was used in a manner consistent with the Agreement. Each Member shall make the Records available to FCOG, HCD or the State Auditor upon demand. Each Member shall maintain the Records and make them available for inspection for a period of at least one (1) year following the termination of this MOU or the time specified in Government Code section 8546.7, whichever is later. Records relating to any audit or litigation relevant to this MOU or the Agreement shall be retained by each Member for five years after the conclusion or final resolution of such matter, as required by Exhibit D, section 3, paragraph E of the Agreement.

7. Disallowed Costs. Each Member shall return to FCOG any funds which HCD has disallowed within 90 days following notice to the Member.

8. Indemnity .
a. Each Member shall indemnify FCOG, along with FCOG’s officers, directors, and employees, for any costs or liabilities (includi ng without limitation for damages, court costs, attorneys’ fees, and expert witness fees ) arising from, resulting from, or in connection with that Member’s actions with respect to subject matter of this MOU or relating in any way to the use of the Initial Grant proceeds by that Member or any sub- recipient, contractor, or subcontractor of that Member.
b. Notwithstanding, the obligation to indemnify shall not apply to any costs or liabilities caused solely by the active negligence or willful misconduc t of FCOG or any of its officers, directors, and employees.

9. Duration of MOU . This MOU shall be in effect from the Effective Date until December 31, 2024 unless its term is extended by written modification in accordance with the provisions of section 12, paragraph c of this MOU. 463

10. Subsequent MOUs. The Members understand and agree that subsequent MOUs may be necessary to facilitate the distribution of further grant funding from HCD under section 50515.02, subdivision (a), of the Health and Safety Code. The Members hereby commit to negotiate the terms and conditions of such subsequent MOUs in good faith, in order to achieve concurrence and ensure execution of same in a timely fashion.

11. Notices. All notices provided for or permitted under this MOU must be in writing and delivered either by personal service, by first -class United States mail, by an overnight commercial courier service, or as a PDF attachment to an email sent to the addresses provided for the Members above. Any Member may change its address for receipt of notice by providing notice of that change as provided in this section 11.
a. A notice delivered by personal service is effective upon service to the recipient.
b. A notice delivered by first -class United States mail is effective three business days after deposit in the United States mail, postage prepaid, addressed to the recipient.
c. A notice delivered by an overnight commercial courier service is effective one County business day after deposit with the overnight commercial courier service, delivery fees prepaid, with delivery instructions given for next day delivery, addressed to the recipient.
d. A notice delivered by email is effective when sent, if the email is sent between the hours of 8:00 am and 5:00 pm on a business day. If sent outside the hours of 8:00 am and 5:00 pm on a business day, a notice delivered by email becomes effective on the first business day following.

12. General Provisions.
a. This MOU is binding upon and shall inure to the benefit of any successors or assigns of the Members.
b. This MOU represents the entire understanding of the Members as to those matters contained in this MOU. No prior oral or written understanding shall be of any force or effect with respect to those matters covered in this MOU. c. This MOU may not be modified or altered except by writing signed by all Members.
d. No Member may assign, delegate or transfer its rights and duties in t his MOU without the written consent of all other Members , except that any Member may enter into one or more sub-agreements with any sub-recipient, contractor, or subcontractor to implement activities in furtherance of the 464

purposes for which the Initial Grant was approved by HCD without the necessity of obtaining such consent.
e. Any dispute arising under this MOU, which is not resolvable by informal mediation between or among the Members, shall be adjudicated in a court of law under the laws of the State of California.
f. For all claims arising from or related to this MOU, nothing in this MOU establishes, waives, or modifies any claims presentation requirements or procedures provided by law, including the Government Claims Act (Division

3.6 of Title 1 of the Government Code, beginning with section 810). g. This MOU shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this MOU shall only be in California. Any action brought to interpret or enforce this MOU, or any of the terms or conditions hereof, shall be brought and maintained in the Fresno County Superior Court.
h. If any part of this MOU is found by a court of competent jurisdiction to be unlawful or otherwise unenforceable, the balance of this MOU remains in full force and effect, and the Members shall make best efforts to replace the unlawful or unenforceable part of this MOU with lawful and enforceable terms intended to accomplish the Members’ original intent. i. Section headings are provided for convenience only and are not part of this MOU.
j. This MOU does not and is not intended to create any rights or obligations for any person or entity except for the Members.
k. Each Member represents and warrants that the individual signing this MOU is duly authorized to do so and their signature on this MOU legally binds that Member to the terms of this MOU.
l. This MOU may be signed in counterparts, each of which is an original, and all of which together constitute this MOU.
[Signature pages follow.]

465

The Members have caused this MOU to be executed as of the date and year first above written.

Fresno Council of Governments
By:
___________________________
Tony Boren, Director
Appr
oved as to Legal Form:

By:

_____________________________
Pri
nt:
_______________________________
Kern Council of Governments
By:

____________________________
Ahron Hakimi, Director
Appr
oved as to Legal Form:

By
:___
__________________________
Pri
nt:
_______________________________
Kings County Association of
Governments
By:

___________________________
Terri King, Director
Appr
oved as to Legal Form:

By:

_______________________________
Pri
nt:
_______________________________
Madera County Transportation
Commission
By:

______________________________
Patricia Taylor, Director
Appr
oved as to Legal Form:

By:

_______________________________
Pri
nt:
_______________________________
466

Merced County Association of
Governments
By:

_______________________________
Stacie Guzman, Director
Appr
oved as to Legal Form:

By:

_______________________________
Pri
nt:
_______________________________
San Joaquin Council of Governments
By:

_______________________________
Andrew Chesley, Director
Appr
oved as to Legal Form:

By:

_______________________________
Pri
nt:
_______________________________
Stanislaus Council of Governments
By:

_______________________________
Rosa Park, Director
Appr
oved as to Legal Form:

By:

_______________________________
Pri
nt:
_______________________________
Tulare County Association of
Governments
By:

_______________________________
Ted Smalley, Director
Appr
oved as to Legal Form:

By:

_______________________________
Pri
nt:
_______________________________
467
Exhibit A
Grant funding agreement number 19-REAP-14029
468
9/3/2020
469
Fresno Council of Governments
19-REAP-14029

Rev.8/19/2020

EXHIBIT A
Regional Early Action Planning Grant Program (REAP)
NOFA Date: October 10, 2019
Approved Date: April 9, 2020
Prep. Date: August 12, 2020

AUTHORITY, PURPOSE AND SCOPE OF WORK

1. Authority
The Local Government Planning Support Grants Program is established for the purpose of providing regions and jurisdictions with one-time funding, including grants for planning activities to enable jurisdictions to meet the sixth cycle of the regional housing needs assessment. Up to two hundred fifty million dollars ($250,000,000) shall be distributed under the program in accordance with Health and Safety Code sections 50515.02 and 50515.03. Of this amount, approximately one hundred twenty-five million dollars ($125,000,000) is available to councils of governments and other regional entities. The Department of Housing and Community Development (Department or HCD) shall administer the Program (referred to herein as the Regional Early Action Planning Grant Program, or “REAP”) to councils of governments and other regional entities in accordance with the Notice of Funding Availability (“NOFA”) pursuant to Health and Safety Code section 50515.04, subdivision (f).

Pursuant to Health and Safety Code section 50515.02, subdivision (d)(3), a council of governments or a fiscal agent of a multiagency working group, as defined in section 50515.02, may request up to 25 percent of its available funding in advance. This Standard Agreement authorizes the encumbrance of full funds available to the applicant pursuant to the NOFA, subject to all statutory requirements and all applicable provisions including the NOFA, initial application and award for advance payment, subsequent advance payment application and award, application and award for the full remaining fund amount and amendment to this agreement.

The Grantee shall consult with the Department on any amendment or other provision related to the implementation of the Program. The Department decisions related to the administration of the Program shall be final pursuant to Health and Safety Code section 50515.04, subdivision (g).

2. Purpose
In ac
cordance with the authority cited above, the Grantee has been awarded financial assistance in the form of a grant from the Program. The Department has agreed to make the grant for planning activities pursuant to the NOFA and this Agreement. By entering into this Agreement and thereby accepting the award of the Program funds, the Grantee agrees to comply with the terms and conditions 470
Fresno Council of Governments
19-REAP-14029

Rev.8/19/2020

EXHIBIT A
Regional Early Action Planning Grant Program (REAP)
NOFA Date: October 10, 2019
Approved Date: April 9, 2020
Prep. Date: August 12, 2020
of the NOFA, this Agreement, subsequent amendments to this Agreement, the representations contained in the initial advance payment and subsequent full application(s), and the requirements of the authority cited above. Based on all representations made by the Grantee, the Department shall encumber the full amount pursuant the NOFA and provide advance payment and subsequent payments in accordance with Exhibit B. All terms, conditions and other relevant provisions will be subject to amendments as a result of subsequent applications and awards for remaining funds after the initial application up to 25 percent of the full amount described in Exhibit B.

3. Definitions
Term
s herein shall have the same meaning as defined by the NOFA.

4. Scope of Work
Gr
antee shall use the awarded funds in accordance with the approved Scope of Work as contained in the timeline and budget and related information outlined in the application for 25 percent advance payment and any subsequent applications for partial or full funding. The Scope of Work may be amended in compliance with statutory requirements subject to approval by the Department.

5. Monitoring
A. The Gr
antee shall maintain books, records, documents, and other evidence that demonstrates the funding was used for the appropriate purposes, as described in the Scope of Work, approved application, subsequent approved applications and all other pertinent documents.

These books, records, documents and other evidence shall be made available for audit and inspection by the Department at any point during the term of the agreement and subject to any amendments to this agreement.

B. The Depart
ment may request additional information, as needed, to meet the statutory requirements of the Program and facilitate amendments to this agreement, including but not limited to reporting or audit requirements, progress in implementing advance payment(s), or award of the full amount available to the Grantee.
471
Fresno Council of Governments
19-REAP-14029

Rev.8/19/2020

EXHIBIT A
Regional Early Action Planning Grant Program (REAP)
NOFA Date: October 10, 2019
Approved Date: April 9, 2020
Prep. Date: August 12, 2020
C. The Department may monitor expenditures and activities of an applicant, as the Department deems necessary, to ensure compliance with statutory or Department requirements.

D. The Depar
tment may, as it deems appropriate or necessary, request the repayment of funds from an applicant, or pursue any other remedies available to it by law for failure to comply with statutory or Department requirements.

E. The Depar
tment’s decision to approve or deny an application or request for funding pursuant to the Program, and its determination of the amount of funding to be provided, shall be final.

F. M
onitoring provisions may be amended and are subject to additional provisions in accordance with this agreement or subsequent amendments.

6. Department Contract Coordinator
The C
ontract Coordinator of this Agreement for the Department is the Housing Policy Development Manager, or the Manager’s designee. Unless otherwise informed, any notice, report, or other communication required by this Agreement shall be mailed by first class mail to the Department Contract Coordinator at the following address:

D
epartment of Housing and Community Development
Housing Policy Development Division
Land Use Planning Unit
Attention: REAP Program Manager
2020 West El Camino Avenue, Suite 500
Sacramento, CA 95833
P. O. Box 952050
Sacramento, CA 94252-2050
472
Fresno Council of Governments
19-REAP-14029

Rev. 8/19/2020

EXHIBIT B
Regional Early Action Planning Grants (REAP)
NOFA Date: October 10, 2019
Approved Date: March 30, 2020
Prep. Date: August 12, 2020

BUDGET DETAIL AND PAYMENT PROVISIONS

1. Application for Funds
A. The D
epartment is entering into this Agreement on the basis of, and in reliance on facts, information, assertions and representations contained in any application and award and any subsequent modifications or additions thereto approved by the Department. All awarded applications for funding and any approved modifications and additions thereto are hereby incorporated into this Agreement.

B. The G
rantee warrants that all information, facts, assertions and representations contained in any approved application and approved modifications and additions thereto are true, correct, and complete to the best of the Grantee’s knowledge. In the event that any part of an application and any approved modification and addition thereto is untrue, incorrect, incomplete, or misleading in such a manner that would substantially affect the Department's approval, disbursement, or monitoring of the funding and the grant or activities governed by this Agreement, the Department may declare a breach hereof and take such action or pursue such remedies as are provided for breach hereof.

2. Grant and Reimbursement Limit
A. The m
aximum total amount encumbered to the Grantee pursuant to this Agreement shall not exceed $10,218,830.75.

B. Thi
s Agreement authorizes an initial advance payment(s) for eligible activities as described in the application.

C. Thi
s Agreement authorizes subsequent award amounts or advance payment up to the total award amount as described in Section 2A, of this Exhibit, and subject to Department approval.

D. The G
rantee shall submit and follow a schedule for the expenditure of the advance payment, any subsequent payment and the total amount prior to 473
Fresno Council of Governments
19-REAP-14029

Rev. 8/19/2020

EXHIBIT B
Regional Early Action Planning Grants (REAP)
NOFA Date: October 10, 2019
Approved Date: March 30, 2020
Prep. Date: August 12, 2020
disbursement of funds. The schedule is subject to Department approval and may be revised as the Department deems necessary.

3. Grant Timelines
A. This
Agreement is effective upon approval by the Department
representative’s signature on page one of the fully executed Standard Agreement, STD 213, (the “Effective Date”).

B. All Grant funds must be expended by December 31, 2023 pursuant to Health and Safety Code section 50515.04(c )(1).

C. The Gr
antee shall deliver to the Department all final invoices for reimbursement on or before November 1, 2023, to ensure the Department meets the December 31, 2023 expenditure deadline. Under special circumstances, approved by the Department, the Department may modify the November 1, 2023 deadline and may provide exception, including, but not limited to, advance payment to carry out the terms of this agreement.

D. It
is the responsibility of the Grantee to monitor the project and timeliness of draws within the specified dates.

4. Allowable Uses of Grant Funds
A. The Depar
tment shall not award or disburse funds unless it determines that the grant funds shall be expended in compliance with the terms and provisions of the NOFA which includes associated forms and guidelines and this Agreement.

B. Gr
ant funds shall only be used by the Grantee for project activities approved by the State that involve planning activities in accordance with the NOFA.

C. G rant
funds may not be used for administrative costs of persons employed by the Grantee for activities not directly related to eligible activities.

D. The Gr
antee shall use no more than 5 percent of the total grant amount for costs related to administration of the project.
474
Fresno Council of Governments
19-REAP-14029

Rev. 8/19/2020

EXHIBIT B
Regional Early Action Planning Grants (REAP)
NOFA Date: October 10, 2019
Approved Date: March 30, 2020
Prep. Date: August 12, 2020
E. A Grantee that receives funds under this Program may use a subcontractor and Grantee shall be accountable to the Department to ensure subcontractor’s performance. The subcontract shall provide for compliance with all the requirements of the Program. The subcontract shall not relieve the Grantee of its responsibilities under the Program.

F. A
fter the contract has been executed by the Department and all parties, approved and eligible costs for eligible activities may be reimbursed for the project(s) upon completion of deliverables or paid in advance in accordance with the scope of work and subject to the terms and conditions of this Agreement.

G. Only approved and eligible costs incurred for work after October 1, 2019, continued past the date of execution and acceptance of the Standard Agreement and completed during the grant term will be reimbursable.

5. Performance
The G
rantee will be subject to amendments to this section as a result of future applications and awards.

6. Fiscal Administration
A. The G
rantee will be subject to amendments to this section as a result of subsequent applications and awards, in consultation with the Grantee.

B. I
t is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall immediately terminate and be of no further force and effect. In this event, the State and Contractor shall be relieved of any and all obligations under this Grant Agreement.

C. I
f funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the sole discretion to cancel this Agreement without cause, no liability occurring to the State, or amend the current Grant Agreement and amount allocated to Contractor. 475
Fresno Council of Governments
19-REAP-14029

Rev. 8/19/2020

EXHIBIT D
Regional Early Action Planning Grants (REAP)
NOF
A Date: October 10, 2019
Approved Date: April 9, 2020
Prep. Date: August 12, 2020

REAP TERMS AND CONDITIONS

1. Reporting
A. Dur
ing the term of the Standard Agreement the Grantee shall submit, upon request of the Department, a performance report that demonstrates satisfaction of all requirements identified in this Standard Agreement.

B. The Gr
antee will be subject to amendments to this section as a result of subsequent applications and awards.

2. Accounting Records
A. The Gr
antee, its staff, contractors and subcontractors shall establish and maintain an accounting system and reports that properly accumulate incurred project costs by line. The accounting system shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices.

B. The Gr
antee shall establish a separate ledger account for receipts and expenditures of grant funds and maintain expenditure details in accordance with the scope of work, project timeline and budget. Separate bank accounts are not required.

C. The Gr
antee shall maintain documentation of its normal procurement policy and competitive bid process (including the use of sole source purchasing), and financial records of expenditures incurred during the course of the project in accordance with GAAP.

D. The Gr
antee agrees that the State or designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of the Standard Agreement.

E. Subc
ontractors employed by the Grantee and paid with moneys under the terms of this Standard Agreement shall be responsible for maintaining accounting records as specified above.

3. Audits
A. At
any time during the term of the Standard Agreement, the Department may 476
Fresno Council of Governments
19-REAP-14029

Rev. 8/19/2020

EXHIBIT D
Regional Early Action Planning Grants (REAP)
NO
FA Date: October 10, 2019
Approved Date: April 9, 2020
Prep. Date: August 12, 2020
perform or cause to be performed a financial audit of any and all phases of the award. At the Department’s request, the Grantee shall provide, at its own expense, a financial audit prepared by a certified public accountant. The State of California has the right to review project documents and conduct audits during and over the project life.
1) The G
rantee 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 G
rantee agrees to provide the Department or the Department’s designee, with any relevant information requested.
3) The G
rantee agrees to permit the Department or the Department’s designee access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees who might reasonably have information related to such records and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with statutes, Program guidelines, and this Agreement.

B. I
f a financial audit is required by the Department, the audit shall be performed by an independent certified public accountant. Selection of an independent audit firm shall be consistent with procurement standards contained in Exhibit D, Section 8 subsection A. of this Standard Agreement.
1) The G
rantee 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 G
rantee is responsible for the completion of audits and all costs of preparing audits.
3) I
f there are audit findings, the Grantee shall submit a detailed response acceptable to the Department for each audit finding within 90 days from the date of the audit finding report.

C. The G
rantee 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.
477
Fresno Council of Governments
19-REAP-14029

Rev. 8/19/2020

EXHIBIT D
Regional Early Action Planning Grants (REAP)
NOF
A Date: October 10, 2019
Approved Date: April 9, 2020
Prep. Date: August 12, 2020
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 Gr
antee 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 deter
mination by the Department of the eligibility of any expenditure shall be final.

E. The Gr
antee shall retain all books and records relevant to this Agreement for a minimum of (3) three years after the end of the term of this Agreement. Records relating to any and all audits or litigation relevant to this Agreement shall be retained for five years after the conclusion or resolution of the matter.

4. Remedies of Non-performance
A. Any
dispute concerning a question of fact arising under this Standard Agreement that is not disposed of by agreement shall be decided by the Department’s Housing Policy Development Manager, or the Manager’s designee, who may consider any written or verbal evidence submitted by the Grantee. The decision of the Department’s Housing Policy Development Manager or Designee shall be the Department’s final decision regarding the dispute, not subject to appeal.

B. Nei
ther the pendency of a dispute nor its consideration by the Department will excuse the Grantee from full and timely performance in accordance with the terms of this Standard Agreement.

C. In t
he event that it is determined, at the sole discretion of the Department, that the Grantee is not meeting the terms and conditions of the Standard Agreement, immediately upon receiving a written notice from the Department to stop work, the Grantee shall cease all work under the Standard Agreement. The Department has the sole discretion to determine that the Grantee meets the terms and conditions after a stop work order, and to deliver a written notice to the grantee to resume work under the Standard Agreement.
478
Fresno Council of Governments
19-REAP-14029

Rev. 8/19/2020

EXHIBIT D
Regional Early Action Planning Grants (REAP)
NO
FA Date: October 10, 2019
Approved Date: April 9, 2020
Prep. Date: August 12, 2020
D. Both the Grantee and the Department have the right to terminate the Standard Agreement at any time upon 30 days written notice. The notice shall specify the reason for early termination and may permit the Grantee or the Department to rectify any deficiency(ies) prior to the early termination date. The Grantee shall submit any requested documents to the Department within 30 days of the early termination notice.

E. A s
trong implementation component for the funded activity through this Program is required, including, where appropriate, agreement by Grantee and its subcontractors to formally adopt or complete a planning or other activity consistent with the NOFA. The Grantee must carry out provisions to ensure the adoption or completion of activities in accordance with the NOFA, including activities subcontracted to localities. Grantee may be subject to repayment of the grant should the Grantee or any of its subcontractors under this agreement fail to adopt or complete activities set forth in its application, this Agreement or any amendments to this Agreement.

F. The f
ollowing shall each constitute a breach of this Agreement:
1) G
rantee’s failure to comply with any term or condition of this Agreement. 2) U
se of, or permitting the use of, grant funds provided under this Agreement for any ineligible costs or for any activity not specified and approved under this Agreement.
3) A
ny failure to comply with the deadlines set forth in this Agreement unless approved by the Program Manager in writing.

G. I
n addition to any other remedies that may be available to the Department in law or equity for breach of this Agreement, the Department may at its discretion, exercise a variety of remedies, including but not limited to:
1) R
evoke existing REAP award(s) to the Grantee;
2) R
equire the return of unexpended REAP funds disbursed under this Agreement;
3) R
equire repayment of REAP Funds disbursed and expended under this agreement;
4) S
eek a court order for specific performance of the obligation defaulted upon, or the appointment of a receiver to complete the obligations in accordance 479
Fresno Council of Governments
19-REAP-14029

Rev. 8/19/2020

EXHIBIT D
Regional Early Action Planning Grants (REAP)
NO
FA Date: October 10, 2019
Approved Date: April 9, 2020
Prep. Date: August 12, 2020
with the REAP Program requirements; and
5) O
ther remedies available at law, by and through this agreement. All remedies available to the Department are cumulative and not exclusive. 6) The D
epartment may give written notice to the Grantee to cure the breach or violation within a period of not less than 15 days.

H. The G
rantee may be subject to amendment of this section as a result of subsequent applications and awards.

5. Indemnification
N
either the Department nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by the Grantee, its officers, employees, agents, its contractors, its sub-recipients or its subcontractors under or in connection with any work, authority or jurisdiction conferred upon the Grantee under this Standard Agreement. It is understood and agreed that the Grantee shall fully defend, indemnify and save harmless the Department and all of the Department’s staff from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortuous, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by the Grantee, its officers, employees, agents contractors, sub-recipients, or subcontractors under this Standard Agreement.

6. Waivers
N
o waiver of any breach of this Agreement shall be held to be a waiver of any prior or subsequent breach. The failure of the Department to enforce at any time the provisions of this Agreement, or to require at any time, performance by the Grantee of these provisions, shall in no way be construed to be a waiver of such provisions nor to affect the validity of this Agreement or the right of the Department to enforce these provisions.

7. Relationship of Parties
I
t 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
480
Fresno Council of Governments
19-REAP-14029

Rev. 8/19/2020

EXHIBIT D
Regional Early Action Planning Grants (REAP)
NOF
A Date: October 10, 2019
Approved Date: April 9, 2020
Prep. Date: August 12, 2020
A. All sta
te-government funded procurements must be conducted using a fair and competitive procurement process. The Grantee may use its own procurement procedures as long as the procedures comply with all City/County laws, rules and ordinances governing procurement, and all applicable provisions of California state law.

B. Any
contract entered into as a result of this Agreement shall contain all the provisions stipulated in this Agreement and shall be applicable to the Grantee’s sub-recipients, contractors, and subcontractors. Copies of all agreements with sub-recipients, contractors, and subcontractors shall be submitted to the Department’s program manager.

C. The Depar
tment does not have a contractual relationship with the Grantee’s sub- recipients, contractors, or subcontractors, and the Grantee shall be fully responsible for monitoring and enforcement of those agreements and all work performed thereunder.

9. Compliance with State and Federal Laws, Rules, Guidelines and Regulations A. The Gr
antee 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. Dur
ing 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 Gr
antee shall include the nondiscrimination and compliance provisions of this clause in all agreements with its sub-recipients, contractors, and subcontractors, and shall include a requirement in all agreements that each of them in turn include the nondiscrimination and compliance provisions of this 481
Fresno Council of Governments
19-REAP-14029

Rev. 8/19/2020

EXHIBIT D
Regional Early Action Planning Grants (REAP)
NO
FA Date: October 10, 2019
Approved Date: April 9, 2020
Prep. Date: August 12, 2020
clause in all contracts and subcontracts they enter into to perform work under REAP.

D. The G
rantee shall, in the course of performing project work, fully comply with the applicable provisions of the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.) E. T he Grantee shall adopt and implement affirmative processes and procedures that provide information, outreach and promotion of opportunities in the REAP project to encourage participation of all persons regardless of race, color, national origin, sex, religion, familial status, or disability. This includes, but is not limited to, a minority outreach program to ensure the inclusion, to the maximum extent possible, of minorities and women, and entities owned by minorities and women, as required by 24 CFR 92.351.

10. Litigation
A. I
f any provision of this Agreement, or an underlying obligation, is held invalid by a court of competent jurisdiction, such invalidity, at the sole discretion of the Department, shall not affect any other provisions of this Agreement and the remainder of this Agreement shall remain in full force and effect. Therefore, the provisions of this Agreement are, and shall be, deemed severable.

B. The G
rantee shall notify the Department immediately of any claim or action undertaken by or against it, which affects or may affect this Agreement or the Department, and shall take such action with respect to the claim or action consistent with the terms of this Agreement and the interests of the Department.

11. Changes in Terms/Amendments
A. The G
rantee may be subject to amendments to this section as a result of subsequent applications and awards.

B. Thi
s Agreement may only be amended or modified by mutual written agreement of both parties.

12. State-Owned Data
A. D
efinitions
482
Fresno Council of Governments
19-REAP-14029

Rev. 8/19/2020

EXHIBIT D
Regional Early Action Planning Grants (REAP)
NO
FA Date: October 10, 2019
Approved Date: April 9, 2020
Prep. Date: August 12, 2020
1) Work:

The w
ork to be directly or indirectly produced by the Grantee, its employees, or by and of the Grantee’s contractor’s, subcontractor’s and/or sub-recipient’s employees under this Agreement.
2) W
ork Product:

A
ll deliverables created or produced from Work under this Agreement including, but not limited to, all Work and Deliverables conceived or made, either solely or jointly with others during the term of this Agreement, which relates to the Work commissioned or performed under this Agreement. Work Product includes all deliverables, inventions, innovations, improvements, or other works of authorship Grantee and/or Grantee’s contractor subcontractor and/or sub-recipient may conceive of or develop in the course of this Agreement, whether or not they are eligible for patent, copyright, trademark, trade secret or other legal protection. 3) I
nventions:

A
ny ideas, methodologies, designs, concept, technique, invention, discovery, improvement or development regardless of patentability made solely by the Grantee or jointly with the Grantee’s contractor, subcontractor and/or sub- recipient and/or Grantee’s contractor, subcontractor, and/or sub-recipient’s employees with one or more employees of the Department during the term of this Agreement and in performance of any Work under this Agreement, provided that either the conception or reduction to practice thereof occurs during the term of this Agreement and in performance of Work issued under this Agreement.

B. O
wnership of Work Product and Rights
1) All wo
rk Product derived by the Work performed by the Grantee, its employees or by and of the Grantee’s contractor’s, subcontractor’s and/or sub-recipient’s employees under this Agreement, shall be owned by the Department and shall be considered to be works made for hire by the Grantee and the Grantee’s contractor, subcontractor and/or subrecipient for the Department. The Department shall own all copyrights in the work product.
2) G
rantee, its employees and all of Grantee’s contractor’s, subcontractor’s and sub-recipient’s employees agree to perpetually assign, and upon creation of each Work Product automatically assign, to the Department, ownership of all United States and international copyrights in each and 483
Fresno Council of Governments
19-REAP-14029

Rev. 8/19/2020

EXHIBIT D
Regional Early Action Planning Grants (REAP)
NOF
A Date: October 10, 2019
Approved Date: April 9, 2020
Prep. Date: August 12, 2020
every Work Product, insofar as any such Work Product, by operation of law, may not be considered work made for hire by the Grantee’s contractor, subcontractor and/or subrecipient from the Department. From time to time upon the Department’s request, the Grantee’s contractor, subcontractor and/or subrecipients, and/or its employees, shall confirm such assignments by execution and delivery of such assignment, confirmations or assignment or other written instruments as the Department may request. The Department shall have the right to obtain and hold in its name all copyright registrations and other evidence of rights that may be available for Work Product under this Agreement. Grantee hereby waives all rights relating to identification of authorship restriction or limitation on use or subsequent modification of the Work. 3) Gr
antee, its employees and all Grantee’s contractors, subcontractors and sub-recipients hereby agree to assign to the Department all Inventions, together with the right to seek protection by obtaining patent rights therefore and to claim all rights or priority thereunder and the same shall become and remain the Department’s property regardless of whether such protection is sought. The Grantee, its employees and Grantee’s contractor, subcontractor and /or subrecipient shall promptly make a complete written disclosure to the Department of each Invention not otherwise clearly disclosed to the Department in the pertinent Work Product, specifically noting features or concepts that the Grantee, its employees and/or Grantee’s contractor, subcontractor and/or subrecipient believes to be new or different.
4) Upon c
ompletion of all work under this Agreement, all intellectual property rights, ownership and title to all reports, documents, plans, specifications and estimates, produced as part of this Agreement shall automatically vest in the Department and no further agreement will be necessary to transfer ownership to the Department.

13. Special Conditions
The St
ate reserves the right to add any special conditions to this Agreement it deems necessary to assure that the policy and goals of the Program are achieved, in consultation with the Grantee.
484
Exhi
bit B
Pro-rata Initial Allocations to Each Regional Transportation Planning Agency Based on January 2020 California Department of Finance Population Estimates

REAP PLANNING GRANT INITIAL ALLOCATIONS MPO

DISTRIBUTION
MPO Share by Population*
Fresno Council of Governments 1,032,227 23.50% $1,114,737.62 Kern Council of Governments 927,251 21.11% $1,001,370.41 Kings County Association of Governments 156,444 3.56% $168,949.28 Madera County Transportation Commission 160,089 3.64% $172,885.65 Merced County Association of Governments 287,420 6.54% $310,394.79 San Joaquin Council of Governments 782,545 17.81% $845,097.40 Stanislaus Council of Governments 562,303 12.80% $607,250.45 Tulare County Association of Governments 484,423 11.03% $523,145.14 Total 4,392,702 100.00% $4,743,830.75
485
486
487
488
489
490
491
Pag
e C-1

ATTACHMENT C
SCOP

E OF SERVICES
CONTRACTOR will undertake professional activit ies consistent with the requirements of Chapter 3.1 of Part 2 of Division 31 (commencing with section 50515) of the California Health & Safety, the REAP Grant Agreement, and the REAP MOU, and comply with the terms and conditions of same. CONTRACTOR’S at- tention is called to the requirements of the REAP MOU for submission of quarterly status reports and accounting records (section 5) and retention of records related to use of the grant funds (section 6). In additional, CONTRACTOR shall substantially comply with (1) the “Eligible Activities Best Practices” guide- lines promulgated by the State of California’s Department of Housing and Community Development dated as of May 12,2020; and (2) the “S an Joaquin Valley Regional Early Action Planning for Housing - REGIONAL PLANNING AGENCY GUIDANCE” dated as of May 6, 2021, copies of which are attached. Per the REAP MOU and the Grant Agreement, all funds provided to CONTRACTOR hereunder must be expended in full on or before August 31, 2023.
492
Best
_Practices_5_12_2020 1
Regional Early Action Planning Grant Program (REAP)
Eligible Activities Best Practices
This document will be updated periodically with new ideas.

Additions will be attached as a new page at the end of the document with the date of the addition.

Eligible Activity: Developing an Improved RHNA Methodology to Further Gov Code Section 65584 (d) Objectives.

Gov Code Section 65584 (d) “affirmatively furthering fair housing” means taking meaningful actions, in addition to combating discrimination, that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics. Specifically, affirmatively furthering fair housing means taking meaningful actions that, taken together, address significant disparities in housing needs and in access to opportunity, replacing segregated living patterns with truly integrated and balanced living patterns, transforming racially and ethnically concentrated areas of poverty into areas of opportunity, and fostering and maintaining compliance with civil rights and fair housing laws.

• Analyzing and incorporating Affirmatively Furthering Fair Housing and making data available to jurisdictions
• Increasing zoned capacity in jurisdictions with disproportionately high jobs- housing ratio, including an improved balance between the number of low- wage jobs and the number of housing units affordable to low-wage workers in each jurisdiction
• Outreach strategies in addition to conducting a survey to combat segregation and foster inclusive communities free from barriers that would restrict access to opportunity based on protected characteristics • Education and awareness of fair housing laws and issues to stakeholders (e.g. community, developers, public staff)
• Providing language assistance for limited proficiency in English • Incorporating and developing policy guide for displacement avoidance plan and affordable housing preservation
• Incorporating climate mitigation strategies (e.g. make housing more energy efficient, adopting renewable energy sources such as solar and wind)
• Incorporating disaster / climate adaptation and encouraging strategies in local land use documents
493
Best
_Practices_5_12_2020 2
• Incorporating ways to promote infill development (i.e., promoting higher zoned capacity in areas with low per capita vehicle miles traveled and high access to opportunity, focusing new growth land that has already been developed with urban uses or is substantially surrounded by urban uses and/or incorporating ways to promote transportation-efficient development (i.e., development in places where there are multiple transportation options besides a single occupancy vehicle--transit, bike lanes, sidewalks- - and the density and mix of uses that make these transportation options a viable choice),
• Mapping regional Priority Development Areas or similar • Implementing a Sustainable Communities Strategies (SCS) consistency program (e.g. Association of Bay Area Government’s Resilience Program) • Promotion of more zoned capacity for housing in jurisdictions with the highest housing costs.
• Local input surveys
• Mini grants to community groups and partnership with grassroots partners and community leaders to support full engagement in RHNA development • Aligning transportation funding – especially competitive transportation grant programs and investments in transit, streetscape, placemaking, and active transportation – with RHNA plans for housing (i.e., Bay Area’s Resolution 3434)
• Incorporating homelessness data to plan for meeting supply of below 30 percent AMI units
• Education and awareness of various tax increment financing tools, promoting use of local tax increment financing tools (i.e., Enhanced Infrastructure Financing Districts (EIFDs), Community Revitalization and Investment Authorities (CRIAs), Affordable Housing Authorities (AHAs), Infrastructure and Financing Revitalization Districts (IFRDs) and Neighborhood Infill Finance and Transit Improvements (NIFTI) districts.

CRIAs have alignment with CalEnviro Screen and affordable housing requirement, see tool comparison
.
• Education and awareness on pairing federal Opportunity Zone (OZ) program with state programs (i.e., Strategic Growth Council Transformative Climate Community in Ontario has an affordable housing project funded by state with OZ funding). Opportunity Zones are census tracts that are defined by the Internal Revenue Service (IRS) as “economically-distressed community where new investments, under certain conditions, may be eligible for preferential tax treatment.” They were added to the tax code by the Tax Cuts and Jobs Act on December 22, 2017. https://opzones.ca.gov/faqs/.
494
Best_
Practices_5_12_2020 3
• Incorporating methods to pair federal Opportunity Zone program with affordable housing
Eligible
Activity: Suballocations to Jurisdictions
• Developing approaches to insure equitable distribution of funding such as location-based minimums (e.g., at least 20% in a specified county), non- competitive programs coupled with population based or RHNA based award amounts, proactive outreach and technical assistance with under- resourced communities.
• Program criteria for SCS consistency, displacement, affordability, including deeper targeting, climate adaption
• Program criteria for Affirmatively Furthering Fair Housing • COG to develop grant program to support development of compliant Housing Elements and community engagement strategies (i.e., Bay Area’s 80k by 2020 challenge grant program, SANDAG’s Policy 33) • Program criteria or other incentives to facilitate pro-housing jurisdictions • Jurisdictions’ specific best practices after a COG develops a grant program:
o Prepare a form based zoning or overlay zone to provide development standards and zoning that allows future higher-density housing and mixed-use development (may include Environmental Impact Report [EIR])
o Develop framework for a trust to support the preservation and production of long-term affordable housing for lower-income households
o Completing CEQA analysis and specific plan EIRs that promote streamlined approvals at the project-level or eliminate the need for project-level specific review.
o Undertake rezoning efforts to bring local zoned capacity into compliance with HCD requirements for housing element prior to Housing Element due data
o Objective design and/or development standards to comply with SB35 and other laws to provide more clarity and certainty for applicants.
o Planning associated with local financial strategies such as a local housing trust fund, fee reductions for infill, TOD, or affordable developments, published fee schedules and fee calculators. 495
Best
_Practices_5_12_2020 4
o Intensifying land-use patterns to allow for a variety of housing types (duplexes, triplexes, fourplexes, multi-family) and increasing densities on sites identified to accommodate the jurisdictions lower- income RHNA.
o When suballocating funds for comprehensive marketing strategies that the marketing is equitably designed and inclusive of disadvantage communities.
o Feasibility studies to determine the most efficient locations to site housing, such as those with lowest per capita vehicle miles traveled and highest access to jobs and other opportunities.
o Infrastructure planning that prioritizes infill development. o Establishing a flexible housing subsidy pool.
o Anti-displacement strategies which may be applicable are those eligible pursuant to the program guidelines of other state housing assistance programs such as the Affordable Housing and
Sustainable Communities (AHSC) Program, or policies and programs to implement the provisions of Government Code section 65583 (a)(9) and (c)(6) for preservation of assisted housing developments.
o Examples of priorities that may complement the acceleration of housing production can include consideration of practices that prohibit residential uses in areas zoned for open space, agriculture, areas considered environmentally hazardous (e.g., floodplains or high wildfire severity zone areas), or other sensitive areas. o Feasibility for a tax increment financing tool that expedites housing development; prepare an Infrastructure Financing Plan for a tax increment financing tool to plan for future housing and housing funding.

Such as Enhanced Infrastructure Financing Districts
(EIFDs), Community Revitalization and Investment Authorities (CRIAs), Affordable Housing Authorities (AHAs), Infrastructure and Financing Revitilization Districts (IFRDs) and Neighborhood Infill Finance and Transit Improvements (NIFTI) districts. CRIAs have alignment with CalEnviro Screen and affordable housing
requirement. Tool comparison
:
o Pairing Federal Opportunity Zone Program for affordable housing development
 Developing plan to increase affordable housing development in Federal Opportunity Zones.
496
Bes
t_Practices_5_12_2020 5
 Creating toolkit/project pipleline to pair Opportunity Zone funding with state affordable housing programs (such as AHSC project or Infill Infrastructure Grant with an OZ Fund)  Examples include the Strategic Growth Council
Transformative Climate Community in Ontario has an
affordable housing project funded by state with OZ funding Eligib
le Activity: Technical Assistance, Temporary Staffing or Consultant Needs and Other Actions
• To build capacity develop a planning academy (educate and engage on planning processes) for staff. E.g. City of Sacramento’s Citizen’s Planning Academy.
• Developing regional toolkits on a variety of housing-specific topics such as objective design and development standards, housing elements, CEQA streamlining, by-right zoning, ADUs, infrastructure planning, housing finance strategies, public engagement, planning adaptation, Opportunity Zones, tax-increment financing tools, and equity and environmental justice.
• Creation of data service menus and analysis templates to support preparation of housing elements
• Assistance with sites inventories to support preparation of the housing elements
• Developing public engagement and educational strategies to build support from local elected officials, stakeholders, and the general public on a variety of housing policies that encourage affordable housing. Strategies can include workshops, campaigns, fact sheets, customizable PowerPoint slide decks, etc.,
• Creating tools to encourage the development of ADUs such as, handbooks, prototype plans and designs that can be customized to a local jurisdiction. Other tools may include web-based ADU calculators, entitlement processing assistance and websites specific to jurisdictions. • Establishing consulting benches or circuit rider programs that can provide targeted TA on a variety of housing and land use topics in the form of training, workshops, panel discussions, and direct assistance to jurisdictions around specific housing policy areas such as housing elements, ADUs, CEQA, by-right zoning, expediated permit processing, infrastructure, equity and environmental Justice, etc., 497
Bes
t_Practices_5_12_2020 6
• Toolboxes that include model ordinances, templates, checklists, and handbooks that help jurisdictions comply with land-use and planning laws such as density bonus, ADUs, supportive housing, reasonable accommodation, etc.,
• Developing a peer-to-peer learning environment through facilitating regional convenings and regularly scheduled meetings where local governments can exchange best practices and share resources. • Establishing relationship and planning housing needs with Continuum of Care
• Outreach to jurisdictions applying for/receiving emergency shelter funds to assist with planning movement from shelter to permanent homes, i.e. site and funding readiness for permanent supportive housing. • Technical assistance on how to incorporate homelessness data into housing element updates or housing planning.
• Developing toolkits or support for planning of infrastructure financing plans for tax-increment financing tools that support housing, such as Enhanced Infrastructure Financing Districts (EIFDs), Community Revitalization and Investment Authorities (CRIAs), Affordable Housing Authorities (AHAs), Infrastructure and Financing Revitilization Districts (IFRDs) and Neighborhood Infill Finance and Transit Improvements (NIFTI) districts. • CRIAs have alignment with CalEnviro Screen and affordable housing requirement. See tool comparison
.
• Identifying infill opportunity areas or sites
• Compiling and providing information about regional conservation plans and other resource-area data to preclude time-consuming conflicts related to special-status species and other resource-conservation efforts (i.e., Butte County Association of Government’s assistance in General Plan updates)
• Mapping of transportation costs to facilitate assessment of the combined cost of housing and transportation
• Development of a multi-jurisdictional Housing Element and other collaborative processes to assist the preparation and implementation of housing elements
• Convening regional stakeholders to identify solutions to regional housing challenges (e.g., the Committee to House the Bay Area (CASA) process) • Public surveys, communications planning, development of communications materials (e.g., brochures) or tools (e.g., an online game), or communications purchases (e.g., a radio spot) to support local- government housing outreach
• Establishing a Transfer of Development Rights program 498
Bes
t_Practices_5_12_2020 7
• CEQA streamlining support (i.e., Sacramento Area of Council of Government’s (SACOG) assists projects within its region in utilizing the SB 375 CEQA streamlining provisions. SB 375 allows for streamlined review and analysis of residential or mixed-use projects consistent with an SCS; modified review and analysis, through an expedited Sustainable Communities Environmental Assessment (SCEA), for Transit Priority Projects (TPPs) that are consistent with an SCS; and a complete CEQA exemption for TPPs that are consistent with an SCS and meet a specific list of other requirements. In each of these cases, SACOG's MTP/SCS EIR serves as a first-tier environmental document under CEQA. SACOG provides lead agencies with a CEQA streamlining worksheet to determine if projects are consistent with their region's SCS, and to help determine the appropriate CEQA streamlining.)
• Facilitating partnerships between developers, local agencies, transit providers, and State agencies to secure a diverse set of investments in key housing areas, especially to facilitate infill development with many transportation choices
• Supporting efforts to secure other public funds by publicizing grant availability or providing grant-writing or other grant-related technical support for eligible projects
Eligible Activity: Program Administration
Applicants may consult with HCD to identify whether a task is an activity or administration.

• Activity costs:
o Applicants staff time for implementation of improving RHNA methodology directly related to eligible activity 1
o Applicants staff time to review suballocation applications from jurisdictions directly related to eligible activity 2
o Applicants staff time to develop contracts for jurisdictions as part of suballocation directly related to eligible activity 3
• Administrative costs (max 5%):
o Monitoring and Reporting on allocations and suballocations o Prepare REAP application, including staff time to participate in Steering Committee calls/meetings. Preparing invoices and supporting documentation
o File management
499
1 San
Joaquin
Valley
Regional
Early
Action
Planning
for
Housing

REGIONAL

PLANNING
AGENCY

FUNDING

GUIDANCE

Revised
Version
–
May
6,
2021

Background

The
Local
Government
Planning
Support
Grants
Program
(AB
101)
was
established
to
provide

regions
and
jurisdictions
with
one-­‐time
grant
funding
for
planning
activities
to
meet
the
sixth

cycle
of
the
Regional
Housing
Needs
Allocation
(RHNA),
and
to
spur
affordable
housing

production.

A
total
of
$18,975,323
in
Regional
Early
Action
Planning
(REAP)
grant
funds
is

available
to
the
eight
San
Joaquin
Valley
regional
planning
agencies.

The
San
Joaquin
Valley
Regional
Early
Action
Committee
for
Housing
(SJV
REAP
Committee),

required
by
statute,
will
help
guide
the
Valley’s
REAP
planning
efforts.

The
SJV
REAP
Committee

comprises
24 members
of
the
San
Joaquin
Valley
regional
planning
agencies,
cities,
counties
and

community
members.

The
SJV
REAP
Committee
meets
two
to
four
times
a
year.

The
San
Joaquin

Valley
Regional
Planning
Agencies’
Directors’
Committee
will
also
advise
the
SJV
REAP
program

implementation
process.

Overview

The
Fresno
Council
of
Governments
is
the
fiscal
agent
for
this
regional
effort.

There
are
three

primary
work
areas
highlighted
below:

§   RHNA
(Regional
Housing
Needs
Allocation)
-­‐
Developing
an
improved
methodology
for

the
distribution
of
the
sixth
cycle
RHNA.

§   Suballocations
to
jurisdictions
–
Providing
grants
to
accelerate
housing
production
in
a

way
that
aligns
with
state
planning
priorities,
housing,
transportation,
equity,
and
climate

goals.

§   Valleywide
activities
and
deliverables
–
Conducting
a
comprehensive
housing
report,

regional
planning
and
coordination,
program
implementation,
technical
assistance,
and

other
activities.

REAP
program
administration,
a greements,
consultants,
outreach,

communication,
and
other
administrative
and
program
management
duties.

RHNA
and
jurisdictional
suballocations
will
primarily
be
conducted
at
the
regional
planning

agency
level,
with
each
regional
planning
agency
receiving
a
pro-­‐rata
share
of
funding
for

developing
and
implementing
its
RHNA
process,
and
for
distributing
and
coordinating
the

jurisdictional
suballocations.

Please
reference
the
attached
REAP
Summary
Funding
Table
for

additional
information.

The
SJV
Housing
Program
Manager
(Sigala
Inc.)
and
Fresno
COG
will
lead
the
Valleywide
planning

efforts
in
coordination
with
the
SJV
REAP
Committee,
the
Directors’
Committee,
staff
at
the

regional
planning
agencies,
and
other
partners.

500
2 Distribution
Process
(initial
funding)

Fresno
COG,
on
behalf
of
the
San
Joaquin
Valley,
has
received
$10.2
million
of
initial
funding

(REAP
applications
one
and
two)
for
the
SJV
REAP
process.

The
initial
funding
is
being
made

available
to
the
San
Joaquin
Valley
as
“front
loaded”
grant
funds
for
immediate
distribution.

This

is
not
typical
of
state
planning
grant
funding,
which
is
traditionally
provided
on
a
reimbursable

basis.

The
SJV
REAP
Committee
has
approved
a
pro-­‐rata
funding
allocation
methodology
for
the

initial
funding
amount.

Breakdown
of
Initial
Funding

Fresno
Council
of
Governments
$1,114,737.62

Kern
Council
of
Governments

$1,001,370.41

Kings
County
Association
of
Governments

$168,949.28

Madera
County
Transportation
Commission

$172,885.65

Merced
County
Association
of
Governments

$310,394.79

San
Joaquin
Council
of
Governments

$845,097.40

Stanislaus
Council
of
Governments

$607,250.45

Tulare
County
Association
of
Governments

$523,145.14

Subtotal
$4,743,830.75

Funding
for
Valleywide
work
efforts
*
$5,475,000.00

(including
Fresno
COG
administrative
cost)

Total

$10,218,830.75

*$1
million
of
Valleywide
funding
is
to
be
transferred
to
regional
planning
agencies
for

supplemental
RHNA
planning.

See
below,
“Supplemental
RHNA
Planning
Funds.”

Each
regional
planning
agency
is
responsible,
through
their
respective
boards,
to
determine

funding
amounts
and
policies
for
RHNA
planning
and
jurisdictional
suballocations.

Fresno
COG,

the
SJV
Housing
Program
Manager,
and
staff
at
the
eight
regional
planning
agencies
will

coordinate
and
further
develop
policies
and
guidance
for
RHNA
and
suballocation
disbursements

across
the
region,
as
needed.

Initial
funding
distributions
at
the
regional
planning
agency
level
should
prioritize
direct

suballocations
to
jurisdictions,
consistent
with
the
policy
direction
as
approved
by
the
SJV
REAP

Committee
and
the
amounts
approved
in
first
REAP
funding
application.

Fresno
COG
advises
that

regional
planning
agencies
generally
adhere
to
the
jurisdictional
allocation
amounts
approved
by

the
State
of
California
in
the
first
REAP
application
submittal.

Those
amounts
are
detailed
in
the

table
below
and
in
the
attached
REAP
Summary
Funding
Table.

Each
regional
planning
agency
may
use
up
to
five
percent
(5%)
of
funding
for
program

administration
(reporting,
invoicing,
etc.).

Project
management
(staffing)
can
reasonably
be
used

for
program
implementation
outside
of
the
five
percent
administration
figure.

Fresno
COG

501
3 advises
that
administration
and
project
management
costs
come
out
of
the
RHNA
Planning

amounts
and
not
the
jurisdictional
suballocation
amounts.

*Supplemental
RHNA
Planning
Funds
Due
to
the
limited
pro-­‐rata
RHNA
planning
shares,
$1
million
of
Valleywide
funding
will
be

apportioned
equally
to
each
regional
planning
agency
in
the
amount
of
$125,000.

Combined
breakdown
of
initial
and
supplemental
funding
amounts
for
RHNA
planning
and

jurisdictional
suballocations:

RHNA
Planning
Suballocations
Total

Fresno
Council
of
Governments

$477,480
$762,257
$1,239,738

Kern
Council
of
Governments

$441,633
$684,737
$1,126,370

Kings
County
Association
of
Governments

$178,422
$115,527
$293,949

Madera
County
Transportation
Commission

$179,666
$118,219
$297,886

Merced
County
Association
of
Governments

$223,147
$212,248
$435,395

San
Joaquin
Council
of
Governments
$392,220
$577,877
$970,097

Stanislaus
Council
of
Governments

$317,013
$415,238
$732,250

Tulare
County
Association
of
Governments

$290,419
$357,727
$648,145

$2,500,000
$3,243,831
$5,743,831

Please
reference
the
attached
REAP
Summary
Funding
Table
for
additional
information.

Use
of
Funds

The
region,
and
regional
planning
agencies,
shall
establish
priorities
and
use
funding
to
increase

housing
planning
and
accelerate
housing
production.

The
following
are
eligible
activities:

§   RHNA
planning
activities
including
developing
an
improved
methodology
for
the

distribution
of
the
sixth
cycle
RHNA.

§   Providing
jurisdictions
and
other
local
agencies
with
technical
assistance,

planning,
temporary
staffing
or
consultant
needs
associated
with
updating
local

planning
and
zoning
documents,
expediting
application
processing,
and
other

actions
to
accelerate
additional
housing
production.

§   Covering
the
costs
of
administering
any
programs.

§   Suballocating
moneys
directly
and
equitably
to
jurisdictions
or
other
subregional

entities
in
the
form
of
grants,
to
accelerate
housing
production
in
a
way
that
aligns

with
state
planning
priorities,
housing,
transportation,
equity,
and
climate
goals.

§   A
jurisdiction
that
receives
a
suballocation
of
funds
shall
only
use
that

suballocation
for
housing-­‐related
planning
activities,
including,
but
not
limited
to,

the
following:

502
4 Ø   Technical
assistance
in
improving
housing
permitting
processes,

tracking
systems,
and
planning
tools.

Ø   Facilitating
technical
assistance
between
jurisdictions.

Ø   Establishing
regional
or
countywide
housing
trust
funds
for
affordable

housing.

Ø   Performing
infrastructure
planning,
including
sewers,
water
systems,

transit,
roads,
or
other
public
facilities
necessary
to
support
new

housing
and
new
residents.

Ø   Performing
feasibility
studies
to
determine
the
most
efficient
locations

to
site
housing.

Ø   Performing
feasibility
studies
for
affordable
housing
projects
on

surplus
properties
owned
by
school
districts
of
county
offices
of

education.

Ø   Covering
the
costs
of
temporary
staffing
or
consultant
needs

associated
with
the
activities
described
above.

The
following
are
ineligible
activities:

§   Activities
unrelated
to
accelerating
housing
production.

§   Activities
unrelated
to
preparation
and
adoption
of
planning
documents,
and

process
improvements
to
accelerate
housing
production.

§   Activities
that
obstruct
or
hinder
housing
production.

§   Capital
financing,
operation
or
funding
related
to
programs
of
individual
housing

development
projects.

§   Administrative
costs
of
persons
employed
by
the
grantee
for
activities
not
directly

related
to
the
preparation
and
adoption
of
the
proposed
Activity
or
Activities.

Distribution
Process
(remaining
funds)

The
remaining
funds
for
Valley
REAP
planning
purposes
are
$8,756,492.25.

An
application
to
the

state
for
the
remaining
funds
needs
has
been
submitted
to
the
State
of
California,
Housing
and

Community
Development
Department
(HCD).

The
SJV
REAP
Committee
has
determined
that
the

remaining
funds
shall
be
allocated
on
a
population
pro-­‐rata
basis
to
each
regional
planning

agency
process
for
jurisdictional
suballocations
and
additional
housing
related
activities
at
the

regional
planning
agency
level.

Please
see
attached
REAP
Summary
Funding
Table
for
the

breakdown
by
regional
planning
agency.

All
REAP
funds
shall
be
expended
by
August
31,
2023.

Reporting
Requirements

There
will
be
quarterly,
annual
(by
April
1 of
each
year)
and
a
final
report
(by
December
21,
2024)

required
by
all
entities
that
receive
REAP
funding.

Fresno
COG
and
the
SJV
Housing
Program

Manager
will
work
with
each
regional
planning
agency
to
ensure
compliance
with
State
HCD

reporting
requirements.

503
San  Joaquin  Valley  REAP  Summary  Funding  Table
<  -­  -­  -­  -­  -­  -­  -­  -­  -­  -­  -­  -­  -­  -­  -­  -­  -­  -­  -­  -­  -­  -­  -­  -­  -­  -­  -­  -­  -­  -­  -­  -­  -­  -­  -­  -­  -­  -­  -­  -­  -­  -­  -­  Initial  Funding  -­  -­  -­  -­  -­  -­  -­  -­  -­  -­  -­  -­  -­  -­  -­  -­  -­  -­  -­  -­  -­  -­  -­  -­  -­  -­  -­  -­  -­  -­  -­  -­  -­  -­    > Summary
Phase  I Phase  II Phase  III
(1st  app) (2nd  app) (3rd  app)
Funds Funds Total
Original  for   Sub  Aloc Additional   Total Valleywide Supplemental Total Sub  Aloc Dedicated  to Dedicated  to   HCD RHNA Cities\County RHNA  (a) Phase  I Planning RHNA  (b) Phase  II Cities\County REAP RHNA   Program FCOG 187,989 762,257 164,491 1,114,738 4,475,000 125,000 4,600,000 2,057,660 7,294,918 477,480 7,772,398 Kern 168,871 684,737 147,762 1,001,370 125,000 125,000 1,848,399 2,533,136 441,633 2,974,769 Kings 28,492 115,527 24,930 168,949 125,000 125,000 311,858 427,386 178,422 605,808 Madera 29,155 118,219 25,511 172,886 125,000 125,000 319,124 437,344 179,666 617,010 Merced 52,345 212,248 45,802 310,395 125,000 125,000 572,948 785,196 223,147 1,008,343 San  Joaquin 142,517 577,877 124,703 845,097 125,000 125,000 1,559,939 2,137,817 392,220 2,530,037 Stanislaus 102,407 415,238 89,606 607,250 125,000 125,000 1,120,905 1,536,143 317,013 1,853,156 Tulare 88,223 357,727 77,195 523,145 125,000 125,000 965,658 1,323,384 290,419 1,613,803 Total 800,000 3,243,831 700,000 4,743,831 4,475,000 1,000,000 5,475,000 8,756,492 16,475,323 2,500,000 18,975,323 Percentage 17% 68% 15% 100% 82% 18% 100% 100% 87% 13% 100% Significant  Local Proposed  future
Agency  Involvement   funding,  subject  to
in  REAP  process change  by  HCD
Notes: (a)  Sum  of  Valleywide  Tech  Assist,  Admin  and  Housing  Report  that  was  in  the  1st  app  and  subsequently  moved  to  the  2nd  app. (b)  $1M  transferred  from  Valleywide  to  regional  planning  agencies  for  RHNA  planning.  Also  can  be  used  for  admin  and  project  staffing/management.

Phase  II  (2nd  app)  Valleywide  Budget
Supplemental  RHNA 1,000,000
Comprehensive  Housing  Report 500,000
Housing  Report  Policy  Implem. 1,000,000
Household  Travel  Survey 500,000
Consultant  Bench 1,500,000
Outreach,  Marketing 250,000
Fresno  COG  Admin 300,000
Housing  Program  Manager 314,200
Reserve/Contingencies 110,800
5,475,000
504
P
age D-1

ATTACHMENT D

PROFESSIONAL SERVICES CONTRACTS

INSURANCE REQUIREMENTS
C
ONTRACTOR shall provide and maintain insurance for the duration of this Agreement against claims for injuries to persons and damage to property which may arise from, or in connection with, performance under the Agreement by the CONTRACTOR, his agents, rep resentatives, employees, and subcontractors, if applicable.

A. Minimum Scope & Limits of Insurance
1 . C
overage at least as broad as Commercial General Liability, insurance Services Office Commercial Gen- eral Liability coverage occurrence form GC 00 01, with limits no less than $1,000,000 per occurrence in- cluding products and completed operations, property damage, bodily injury, and personal & advertising injury. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occur- rence limit.
2 . I
nsurance Services Office Form Number CA 00 01 covering Automobile Liability of $1,000,000 per oc- currence including any auto or, if the CONTRACTOR has no owned autos, hired and non-owned auto cov- erage. If an annual aggregate applies it must be no less than $2,000,000. 3 . W
orkers’ Compensation insurance as required by the State of California, with Statutory Limits, and Em- ployer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

4. P
rofessional Liability (Errors and Omissions) insurance appropriate to the CONTRACTOR’s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.

B. Specific Provisions of the Certificate
1 . I
f the required insurance is written on a claims-made form, the retroactive date must be before the date of the contract or the beginning of the contract work and must be maintained and evidence of insurance must be provided for at least three (3) years after completion of the contract work. 2 . C
ONTRACTOR must submit endorsements to the General Liability reflecting the following provisions:
a. T
CAG and CONTRACTOR, their officers, agents, officials, employees, and volunteers are to be covered as additional insureds as respects; liability arising out of work or operations performed by or on behalf of the CONTRACTOR including material, parts, or equipment furnished in connection with such work or op- erations.
b
. For any claims related to this project, the CONTRACTOR’s insurance coverage shall be primary insurance as respects TCAG and CONTRACTOR, their officers, agents, officials, employees, and volunteers. Any insur- ance or self-insurance maintained by TCAG or CONTRACTOR, their officers, agents, officials, employees, or volunteers shall be excess of the CONTRACTOR’s insurance and shall not contribute with it. c. C
ONTRACTOR hereby grants to TCAG a waiver of any right to subrogation which any insurer of CON- TRACTOR may acquire against the CONTRACTOR by virtue of the payment of any loss under such insurance.

CONTRACTOR agrees to obtain any endorsement that may be necessary to affect this waiver of 505
P
age D-2
subrogation, but this provision applies regardless of whether or not the TCAG or the CONTRACTOR has received a waiver of subrogation endorsement from the insurer. d
. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be canceled, except after written notice has been provided to TCAG.

3. T
he Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of TCAG and the CONTRACTOR for all work performed by the CONTRACTOR, its employees, agents, and subcon- tractors. CONTRACTOR waives all rights against TCAG and the CONTRACTOR, their officers, agents, officials, employees, and volunteers for recovery of damages to the extent these damages are covered by the work- ers compensation and employer’s liability.

C. Deductibles and Self-Insured Retentions
Deductibles and Self-insured retentions must be declared and any deductible or self-insured retention that exceeds $100,000 will be reviewed by the TULARE COUNTY Risk Manager for approval.

D. Acceptability of Insurance
Insurance must be placed with insurers with a current rating given by A.M. Best and Company of no less than A-:VII and a Standard & Poor’s Rating (if rated) of at least BBB and from a company approved by the Department of Insurance to conduct business in California. Any waiver of these standards is subject to approval by the County Risk Manager.

E. Verification of Coverage
Prior to approval of this Agreement by the TCAG, the CONTRACTOR shall file with the submitting depart- ment, certificates of insurance with original endorsements effecting coverage in a form acceptable to TCAG. Endorsements must be signed by persons authorized to bind coverage on behalf of the insurer.

TCAG and the CONTRACTOR reserve the right to require certified copies of all required insurance policies at any time.
506
Pa
ge E-1

ATTACHMENT E
TCAG’S GENERAL AGREEMENT TERMS AND CONDITIONS

1. CO
MPLIANCE WITH LAW: CONTRACTOR must provide services in accordance with applicable Federal, State, and local laws, regulations, and directives. With respect to CONTRACTOR'S employees, CONTRAC- TOR must comply with all laws and regulations pertaining to wages and hours, state a nd federal income tax, unemployment insurance, Social Security, disability insurance, workers' compensation insurance, and discrimination in employment.

2. PA
YMENT DOES NOT IMPLY ACCEPTANCE OF WORK: CONTRACTOR is not entitled to any payments under this Agree ment until TCAG confirms that services provided, including any furnished deliverables, satisfy all of the requirements of this Agreement. Payments to CONTRACTOR by TCAG shall not excuse CONTRACTOR from its obligation to replace unsatisfactory deliverables, including equipment, compo- nents, materials, or services even if the unsatisfactory character of such deliverables, equipment, compo- nents, materials, or services may not have been apparent or detected at the time such payment was made.

Deliverables, equipment, components, materials, and services that do not conform to the requirements of this Agreement may be rejected by TCAG and in such case must be replaced by CONTRACTOR without delay and at no cost to the TCAG.

3. DI
SALLOWANCE: If CONTRACTOR requests or receives payment from TCAG for services hereunder, reimbursement for which is later disallowed by the State of California or United States Government, CON- TRACTOR shall promptly refund the disallowed amount to TCAG upon TCAG’S request. At its option, TCAG may offset the amount disallowed from any payment due or to become due to CONTRACTOR under this Agreement or any other Agreement between CONTRACTOR and TCAG. CONTRACTOR'S obligations under this section 2 will survive the expiration or termination of this Agreement.

4. LIA
BILITY OF TCAG: TCAG’S payment obligations under this Agreement shall be limited to the payment of the compensation provided for in section 3, “PAYMENT FOR SERVICES,” of this Agreement. Notwith- standing any other provision of this Agreement, in n o event shall TCAG be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect, or incidental damages, in- cluding, but not limited to, lost profits, arising out of or in connection with this Agreement or the services performed in connection with this Agreement.

5. QU
ALIFIED PERSONNEL: CONTRACTOR shall utilize only competent personnel under the supervision of, and in the employment of, CONTRACTOR (or CONTRACTOR'S authorized subcontractors) to perform the services. CONTRACTOR will comply with TCAG’S reasonable requests regarding assignment and/or re- moval of personnel, but all personnel, including those assigned at TCAG’S request, must be supervised by CONTRACTOR. CONTRACTOR shall commit adequate resources to allow timely completion within the pro- ject schedule specified in this Agreement.

6. IND
EPENDENT CONTRACTOR STATUS: The Parties enter into this Agreement with the express un- derstanding that CONTRACTOR will perform all services required under this Agreement as an independ- ent contractor. The Parties agree that CONTRACTOR and any of its agents, employees, or officers cannot be considered agents, employees, or officers of TCAG.

CONTRACTOR agrees to advise everyone it assigns or hires to perform any duty under this Agreement that they are not employees of TCAG. Subject to any performance criteria contained in this Agreement, CON- TRACTOR will be solely responsible for determining the means and methods of performing the specified services and TCAG will have no right to control or exercise any supervision over CONTRACTOR as to how 507
Page E
-2
CONTRACTOR will perform the services. As CONTRACTOR is not TCAG'S employee, CONTRACTOR is re- sponsible for paying all required state and federal taxes. In particular, TCAG will not:
(1) Withh
old FICA (Social Security) from CONTRACTOR'S payments.
(2) Make state or federal unemployment insurance contributions on CONTRACTOR'S behalf.
(3) Withhold state or federal income tax from payments to CONTRACTOR. (4) Make disability insurance contributions on behalf of CONTRACTOR. (5) Obtain unemployment compensation insurance on behalf of CONTRACTOR.

Notwit
hstanding this independent contractor relationship, TCAG will have the right to monitor and evalu- ate the performance of CONTRACTOR to assure compliance with this Agreement.

7. LICEN
SES AND PERMITS: CONTRACTOR represents and warrants that it possesses and will maintain during the term of this Agreement all licenses and permits required for its performance of the services required under this Agreement.

8. GOVERN
ING LAW: The laws of the State of California, without reference to California conflict of laws principles, govern this Agreement and its interpretation. The Parties agree that this Agreement is made in and will be performed in Tulare County, California.

9. RECOR
DS AND AUDIT: CONTRACTOR must maintain complete and accurate records with respect to the services rendered and the costs incurred under this Agreement. In addition, CONTRACTOR must main- tain complete and accurate records with respect to any payments to employees or subcontractors. All of the records must be prepared in accordance with generally accepted accounting procedures, must be clearly identified, and must be kept readily accessible. Upon request, CONTRACTOR must make the records available within Tulare County to the Auditor of Tulare County and to his or her agents and representatives, for the purpose of auditing and/or copying the records for a period of five (5) years from the date of final payment under this Agreement. Additional record-keeping requirements may be located in Exhibit F or G (related to federally-funded contracts generally, or FTA-funded contracts specifically).

10. CONF
LICT OF INTEREST:
(a) At all times during the performance of this Agreement, CONTRACTOR must comply with the law of the State of California regarding conflicts of interests and appearance of conflicts of interests, including, but not limited to, Government Code Section 1090 et seq. , and the Political Reform Act, Government Code Section 81000 et seq., and regulations promulgated by the California Fair Political Practices Commission.

The statutes, regulations, and laws previously referenced include, but are not limited to, prohibitions against any public officer or employee, including CONTRACTOR for this purpose, from making any decision on behalf of TCAG in which the officer, employee, or consultant/contractor has a direct or indirect financial interest. A violation can occur if the public officer, employee, or consultant/contractor participates in or influences any TCAG decision that has the potential to confer any pecuniary benefit on CONTRACTOR or any business firm in which CONTRACTOR has an interest, with certain narrow exceptions. (b) CONTR
ACTOR agrees that if any facts come to its attention that raise any questions as to the applica- bility of conflicts -of-interests laws, then it will immediately inform TCAG and provide all information needed for resolution of this question.

11.INSURANCE: The attached Attachmet E outlines the minimum scope, specifications, and l imits of insurance required under this Agreement. Additional i nsured endorsements required as outlined i n Attachment E cannot be used to reduce limits available to TCAG as an additional insured from 508
Pag
e E-3
CONTRACTOR's full policy limits. Insurance policies cannot be used to limit liability or to limit the indemnification provisions and requirements of this Agreement or act in any way to reduce the policy coverage and limits available from the insurer(s). If CONTRACTOR fails to maintain or renew coverage, or to provide evidence of renewal, then TCAG may consider that failure a material breach of this Agreement. TCAG may also withhold any payment otherwise due to CONTRACTOR for failure to provide evidence of renewal until CONTRACTOR provides such evidence.

12. IN
DEMNIFICATION AND DEFENSE:
(a) To the fullest extent permitted by law, CONTRACTOR must indemnify, defend (at CONTRACTOR'S sole cost and expense and with legal counsel approved by TCAG, which approval may not be unreasonably withheld), protect and hold harmless TCAG, all subsidiaries, divisions, committee, and affiliated agencies of TCAG, and all of their representatives, partners, designees, officers, directors, employees, consultants, agents, successors, and assigns, (each, an “Indemnified Party” and collectively, the "Indemnified Parties"), from and against all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, pen- alties, liabilities, costs, and expenses (including, without limitation, attorneys' fees, disbursements, and court costs, and all other professional expert or consultants' fees and costs and TCAG general and admin- istrative expenses) of every kind and nature whatsoever (individually, a "Claim"; collectively, "Claims") which may arise out of, pertain to, or relate (directly or indirectly) to the negligence, recklessness, or mis- conduct of CONTRACTOR with respect to any work performed or services provided under this Agreement (including, without limitation, the acts, errors, and/or omissions of CONTRACTOR, its principals, officers, agents, employees, vendors, suppliers, consultants, sub -consultants, contractors, and anyone employed directly or indirectly by any of them, or for whose acts they may be liable, or any or all of them). CON- TRACTOR’S obligation to indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an Indemnified Party. If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of an Indemnified Party, then CONTRACTOR’S indemnification obligation shall be reduced in proportion to the established comparative liability.
(b) Th
e duty to defend is a separate and distinct obligation from CONTRACTOR’S duty to indemnify. CON- TRACTOR shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, the Indemnified Parties immediately upon tender to CONTRACTOR of the Claim in any form or at any stage of an action or proceeding, whether or not liability is established. Payment to CONTRACTOR by any Indem- nified Party or the payment or advance of defense costs by any Indemnified Party cannot be a condition precedent to enforcing the Indemnified Party's rights to indemnification under this Agreement. An allega- tion or determination that persons other than CONTRACTOR are responsible for the Claim does not relieve CONTRACTOR from its separate and distinct obligation to defend under this section. The obligation to de- fend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent defense cou nsel if CONTRACTOR asserts that liability is caused in whole or in part by the negligence or willful misconduct of an Indemnified Party. If it is finally adjudicated that liability was caused by the comparative active negligence or willful misconduct of an Indemnified Party, then CONTRACTOR may submit a claim to the TCAG for reimbursement of reasonable attorneys’ fees and defense costs in proportion to the established comparative liability of the Indemnified Party.

CONTRACTOR'S indemnification obligations under this Agreement will survive the expiration or earlier ter- mination of this Agreement until action against the Indemnified Parties for the matter indemnified is fully and finally barred by the applicable statute of limitations or statute of repose. CONTRACTOR'S liability for indemnification under this Agreement is in addition to any liability CONTRACTOR may have to TCAG for a breach by CONTRACTOR of any of the provisions of this Agreement. Under no circumstances may the in- surance requirements and limits set forth in this Agreement be construed to limit CONTRACTOR'S 509
P
age E-4
indemnification obligation or other liability under this Agreement. The terms of this Agreement are con- tractual and the result of negotiation between the Parties. (c) C
ONTRACTOR must indemnify and hold TCAG harmless from all loss and liability, including attorneys’ fees, court costs and all other litigation expenses, for any infringement of the patent rights, copyright, trade secret or any other proprietary right or trademark, and all other intellectual property claims of any person or persons in consequence of the use by TCAG, or any of its officers or agents, of articles or services to be supplied in the performance of this Agreement.
1 3. TERMINATION:
(a) Without Cause: TCAG may terminate th is Agreement without cause by giving thirty (30) days’ prior written notice to CONTRACTOR of its intention to terminate under this provision, specifying the date of termination. TCAG will pay to CONTRACTOR the compensation earned for work satisfactorily pe rformed and not previously paid for to the date of termination. TCAG will not pay lost anticipated profits or other economic loss. The payment of any compensation is subject to the restrictions on payment of compensa- tion otherwise provided in this Agreement and is conditioned upon receipt from CONTRACTOR of all plans, specifications and estimates, and other documents prepared by CONTRACTOR in accordance with this Agreement. TCAG will not impose sanctions on CONTRACTOR under these circumstances. (b
) With Cause: Either Party may terminate this Agreement immediately, by written notice to the other Party, should the other Party:
(1
) Be adjudged a bankrupt, or
(2) Become insolvent or have a receiver appointed, or
(3) Make a general assignment for the benefit of creditors, or (4) Suffer any judgment that remains unsatisfied for 30 days, and that would substantively impair the ability of the judgment debtor to perform under this Agreement, or (5) Materially breach this Agreement.

I
n addition, TCAG may terminate this Agreement based on:
(6
) Material misrepresentation, either by CONTRACTOR or anyone acting on CONTRACTOR’S behalf, as to any matter related in any way to TCAG’S retention of CONTRACTOR, or (7) Other misconduct or circumstances that, in the sole dis cretion of TCAG, either impairs the ability of CONTRACTOR to competently provide the services under this Agreement or exposes TCAG to an unrea- sonable risk of liability.

F
or any of the occurrences except item (5) above, termination may be effected upon written notice by the terminating Party specifying the date of the termination. If CONTRACTOR fails to perform according to the terms and conditions of this Agreement, then TCAG may, in addition to any other remedy it may have, issue a declaration of default after 10 days’ written notice to CONTRACTOR.

Up
on a material breach, the Agreement may be terminated after the failure of the defaulting Party to remedy the breach to the satisfaction of the non-defaulting Party within 5 days of written notice specifying the breach. If the breach is not remedied within that 5 -day period, then the non -defaulting Party may terminate this Agreement on further written notice specifying the date of termination. If the nature of the breach is such that it cannot be cured within a 5-day period, then the defaulting Party may submit a written proposal within that period which sets forth a specific means to resolve the default. If the non-defaulting Party consents to that proposal in writing, which consent may not be unreasonably withheld, then the defaulting Party must immediately embark on its plan to cure the default or breach. If the default or breach 510
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age E-5
is not cured within the time agreed, then the non -defaulting Party may terminate this Agreement upon written notice specifying the date of termination.

T
CAG will pay to CONTRACTOR the compensation earned for work satisfactorily performed and not previ- ously paid for to the date of termination. The payment of such compensation is subject to the restrictions on payment of compensation otherwise provided in this Agreement and is conditioned upon receipt from CONTRACTOR of all plans, specifications and estimates, and other documents prepared by CONTRACTOR by the date of termination in accordance with this Agreement. TCAG will not pay lost anticipated profits or other economic loss, nor will TCAG pay compensation or make reimbursement to cure a breach arising out of or resulting from such termination. If TCAG terminates this Agreement for cause and the expense of finishing CONTRACTOR’S scope of work exceeds the unpaid balance of the Agreement, then CONTRAC- TOR must pay the difference to TCAG. TCAG may impose sanctions under these circumstances, which may include possible rejection of future proposals based on specific causes of CONTRACTOR’S no n-perfor- mance.
(c) E
ffects of Expiration or Termination: Expiration or termination of this Agreement will not terminate any obligations to indemnify, to maintain and make available any records pertaining to the Agreement, to cooperate with any audit, to be subject to offset, or to make any reports of pre -termination contract ac- tivities. Where TCAG terminates CONTRACTOR’S services, that termination will not affect any rights of TCAG to recover damages against CONTRACTOR.
(
d) Suspension of Perfor mance: Independent of any right to terminate this Agreement, the Executive Director of TCAG may immediately suspend performance by CONTRACTOR, in whole or in part, in response to health, safety or financial emergency, or a failure or refusal by CONTRACTOR to comply with the provi- sions of this Agreement, until such time as the cause for suspension is resolved, or a notice of termination becomes effective.
1 4. LOSS OF FUNDING: It is understood and agreed that if TCAG’S funding is either discontinu ed or re- duced for the services to be provided hereunder, then TCAG will have the right to terminate this Agree- ment under section 13 (a) (“Termination Without Cause”) as of the end of the term for which funds are appropriated. Such termination shall be without penalty, liability, or expense to TCAG of any kind, provided that TCAG shall pay CONTRACTOR in accordance with section 13 (a) for services satisfactorily performed prior to the date of such termination and to the extent funds have been appropriated for such payment. 1 5. SUBMITTING FALSE CLAIMS; MONETARY PENALTIES: Under applicable federal and state law, if CON- TRACTOR submits a false claim to TCAG under this Agreement, then CONTRACTOR will be liable to TCAG for the statutory penalties set forth in those statutes, including but not limited to statutory fines, treble damages, costs, and attorneys’ fees. CONTRACTOR will be deemed to have submitted a false claim to TCAG if CONTRACTOR:
(
a) Knowingly presents or causes to be presented to TCAG a false claim o r request for payment or ap- proval;
(
b) Knowingly makes, uses, or causes to be made or used a false record or statement to get a false claim paid or approved by TCAG;
(c) C
onspires to defraud TCAG by getting a false claim allowed or paid by TCAG; (
d) Knowingly makes, uses, or causes to be made or used a false record or statement to conceal, avoid, or decrease an obligation to pay or transmit money or property to TCAG; or 511
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age E-6
(
e) Is a beneficiary of an inadvertent submission of a false claim to TCAG, later discovers the falsity of the claim, and fails to disclose the false claim to TCAG within a reasonable time after discovery of the false claim.
1 6. FORM DE-542: If CONTRACTOR is an individual, CONTRACTOR acknowledges that this Agreement is subject to filing obligations under Unemployment Insurance Code Section 1088.8. Accordingly, TCAG has an obligation to file a report with the Employment Development Department, which report will include CONTRACTOR’S full name, social security number, address, the date t his Agreement was executed, the total amount of the Agreement, its expiration date or whether it is ongoing. CONTRACTOR agrees to co- operate with TCAG to make that information available and to complete Form DE- 542. Failure to provide the required information may, at TCAG’S option, prevent approval of this Agreement, or be grounds for termination by TCAG.
1 7. WORKS FOR HIRE: CONTRACTOR acknowledges that all work(s) under this Agreement are "work(s) for hire" within the meaning of the United States Copyright Act (Title 17 United States Code) and hereby as- signs to TCAG all rights and interests CONTRACTOR may have in the work(s) it prepares under this Agree- ment, including any right to derivative use of the work(s). All software and related materials developed by CONTRACTOR in performance of this Agreement for TCAG will be the sole property of TCAG, and CON- TRACTOR hereby assigns and transfers all its right, title, and interest therein to TCAG. CONTRACTOR will execute all necessary documents to enable TCAG to protect TCAG’S intellectual property rights under this section.
1 8. WORK PRODUCT: All work product, equipment, or materials created for TCAG or purchased by TCAG under this Agreement belong to TCAG and CONTRACTOR must immediately deliver them to TCAG at TCAG’S request upon termination or completion of this Agreement. 1 9. TIME OF ESSENCE: The Parties agree that time is of the essence under this Agreement unless they agree otherwise in writing.
2 0. CONFIDENTIALITY: CONTRACTOR may not use or disclose any information it receives from TCAG under this Agreement that TCAG has previously identified as confidential or exempt from mandatory public dis- closure except as necessary to carry out the purposes of this Agreement or as authorized in advance by TCAG. Unless required to do so by law, including, but not limited to, the Ralph M. Brown Act or the Cali- fornia Public Records Act, TCAG may not disclose to third parties any information it receives from CON- TRACTOR that CONTRACTOR has previously identified as confidential. If TCAG determines that it must dis- close any information that CONTRACTOR previously identified as confidential, then it shall promptly give CONTRACTOR written notice of its intention to disclose such information and the authority for such dis- closure. CONTRACTOR shall have period of five (5) calendar days thereafter within which to seek a protec- tive court order to prevent such disclosure or to notify TCAG that it will not seek such an order. TCAG shall cooperate with CONTRACTOR in any efforts to seek such a court order. TCAG shall not disclose the infor- mation until the five (5) day period has expired without a response from CONTRACTOR, or CONTRACTOR has notified TCAG that it will not seek such an order, or CONTRACTOR has sought and a court has declined to issue a protective order for such information. If CONTRACTOR seeks a protective order for such infor- mation, CONTRACTOR shall defend and indemnify TCAG from any and all loss, injury, or claim arising from TCAG’S withholding of the information from the requestor. This includes any attorney’s fees awarded to the requestor. The duty of TCAG and CONTRACTOR to maintain confidentiality of information under this section continues beyond the term of this Agreement.
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21. ASSIGNMENT/SUBCONTRACTING: Unless otherwise provided in this Agreement, TCAG is relying on the personal skill, expertise, training and experience of CONTRACTOR and CONTRACTOR'S employees and no part of this Agreement may be assigned or subcontracted by CONTRACTOR without the prior written consent of TCAG, which consent TCAG may grant, delay, deny, or condition in its absolute discretion.

22. DISP
UTES AND DISPUTE RESOLUTION: CONTRACTOR shall continue with its responsibilities under this Agreement during any dispute. If a dispute arises out of or relating to this Agreement, or the breach of the Agreement, and if the dispute cannot be settled through negotiation, then the Parties agree first to try in good faith to settle the dispute by non -binding mediation, to be held in Tulare County, California, before resorting to litigation or some other dispute resolution procedure, unless the Parties mutually agree oth- erwise. The Parties must mutually select the mediator, but in case of disagreement, then the Parties wi ll select the mediator by lot from among two nominations provided by each Party. The Parties will split equally all costs and fees required by the mediator; otherwise, each Party will bear its own costs of medi- ation. If mediation fails to resolve the dispu te within 30 days, then either Party may pursue litigation to resolve the dispute.

23. PROP
ERTY TAXES: Under the terms of California Revenue and Taxation Code section 107.6 (possessory interest tax), CONTRACTOR’S possession or use of any TCAG -owned real property under this Agreement may create a “possessory interest” in the real property. If a possessory interest is created, then it may be subject to property taxation and CONTRACTOR may be subject to the payment of property taxes on that possessory interest.

24. FURT
HER ASSURANCES: Each Party will execute any additional documents and perform any further acts that may be reasonably required to effect the purposes of this Agreement.

25. CONS
TRUCTION: This Agreement reflects the contributions of all Parties and so the provisions of Civil Code section 1654 will not apply to address and interpret any alleged uncertainty or ambiguity.

26. HEA
DINGS: Section headings are provided for organizational purposes only and do not in any manner affect the scope, meaning, or intent of the provisions under the headings.

27. NO T
HIRD-PARTY BENEFICIARIES INTENDED: Unless specifically set forth, the Parties to this Agree- ment do not intend to provide any other party with any benefit or enforceable legal or equitable right or remedy.

28. WAI
VERS: The failure of either Party to insist on strict compliance with any provision of this Agreement will not be considered a waiver of any right to do so, whether for that breach or any later breach. The acceptance by either Party of either performance or payment will not be considered a waiver of any pre- ceding breach of the Agreement by the other Party.

29. ORD
ER OF PRECEDENCE: In the event of any conflict or inconsistency between or among the body of the Agreement (which includes these “General Agreement Terms and Conditions”) and any Exhibit, Sched- ule, or Attachment, then the terms and conditions of the body of the Agreement shall prevail.

30. CON
FLICT WITH LAWS OR REGULATIONS/ SEVERABILITY: This Agreement is subject to all applicable laws and regulations. If any provision of this Agreement is found by any court or other legal authority, or is agreed by the Parties to be, in conflict with any code or regulation governing its subject matter, only the conflicting provision will be considered null and void. If the effect of nullifying any conflicting provision is such that a material benefit of the Agreement to either Party is lost, then the Agreement may be 513
Pag
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terminated at the option of the affected Party. In all other cases, the remainder of the Agreement will continue in full force and effect.

31. ENT
IRE AGREEMENT: This Agreement represents the entire agreement between CONTRACTOR and TCAG as to its subject matter and no prior oral or written understanding will be of any force or effect. No part of this Agreement may be modified without the written consent of both Parties.

32. AS
SURANCES OF NON-DISCRIMINATION: CONTRACTOR must not discriminate in employment or in the provision of services based any characteristic or condition upon which discrimination is prohibited by state or federal law or regulation. The Parties recognize that both CONTRACTOR and TCAG have the re- sponsibility to protect TCAG employees and clients from unlawful activities, including discrimination and sexual harassment in the workplace. Accordingly, CONTRACTOR agrees to provide appropriate training to its employees regarding discrimination and sexual harassment issues, and to promptly and appropriately investigate any allegations that any of its employees may have engaged in improper discrimination or har- assment activities. TCAG, in its sole discretion, has the right to require CONTRACTOR to replace any em- ployee who provides services of any kind to TCAG under this Agreement with other employees where TCAG is concerned that its employees or clients may have been or may be the subjects of discrimination or harassment by such employees. TCAG’S right to require replacement of employees under this section does not preclude TCAG from terminating this Agreement with or without cause as provided for under this Agreement. Additional nondiscrimination requirements may be located in Exhibit F or G (related to federally-funded contracts generally, or FTA-funded contracts specifically).

33. DR
UG-FREE WORKPLACE POLICY: CONTRACTOR acknowledges that under the Federal Drug- Free Workplace Act of 1989 and the California Drug -Free Workplace Act of 1990, the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited on TCAG premises.

CONTRACTOR agrees that any violation of this prohibition by CONTRACTOR, its employees, agents, or as- signs will be deemed a material breach of this Agreement.

34. RE
CYCLED PAPER CONTENT: To the extent CONTRACTOR’S services under this Agreement include printing services, pursuant to Public Contract Code section 22153, CONTRACTOR shall use paper that meets the recycled content requirements of Public Contract Code section 12209.

Jlk/6-14-21/2021557/1638619.docx
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0198 Agenda Date: 5/16/2022 Agenda #: 10.

Agenda Item Wording:

Request by Councilmember Greg Collins for the Council to approve adding an agenda item to a future City Council meeting to discuss directing staff to bring back information related to the potential for permitting cannabis dispensaries in the City of Visalia.

Deadline for Action: None
Submitting Department: Administration
Contact Name and Phone Number: Councilmember Greg Collins; [email protected] <mailto:[email protected]>, 713-4400 ext 6313
Department Recommendation: Request by Councilmember Greg Collins for the Council to approve adding an agenda item to a future City Council meeting to direct staff to bring back information related to the potential for permitting cannabis dispensaries in the City of Visalia.

Background Discussion:

On June 1, 2015, the City Council enacted a process wherein a City Councilmember may make a request to the City Manager that an item not otherwise scheduled to be on an agenda be added to a future agenda. If the item is received by the City Manager prior to Wednesday noon of the week before the next Council meeting, the City Manager adds an agenda item to the Consent Calendar with the question of whether the suggested agenda item should be placed on the next regularly scheduled meeting as a discussion item. (Note: Depending on the nature of the item, or the amount and type of information needed for the Council discussion, a later meeting date may be selected by Council.) If the item is approved as part of the Consent Calendar, or is pulled and approved after discussion, it is then placed on the next agenda as a regular item unless Council authorizes a later meeting to consider the item.

Fiscal Impact: None
Prior Council Action: None
Alternatives: To not approve the request to consider this matter at an upcoming Council meeting.

Recommended Motion (and Alternative Motions if expected):

I move to approve the request by Councilmember Greg Collins for the Council to approve adding an agenda item to a future City Council meeting to discuss permitting cannabis dispensaries in the City of Visalia.

Environmental Assessment Status: None
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File #: 22-0198 Agenda Date: 5/16/2022 Agenda #: 10.

CEQA Review: None
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0200 Agenda Date: 5/16/2022 Agenda #: 11.

Agenda Item Wording:

Consider the process for appointing Planning Commissioners for the three terms expiring June 30, 2022 including direct appointment of current Commissioners or a full recruitment process.

Deadline for Action: 6/30/2022
Submitting Department: Administration/Community Development Contact Name and Phone Number: Michelle Nicholson, Chief Deputy City Clerk, [email protected] <mailto:[email protected]>, 713-4512; Paul Bernal, Community Development Director/City Planner, 713-4024, [email protected] <mailto:[email protected]> Department Recommendation:

It is recommended that the Visalia City Council consider how they wish to fill three positions on the Planning Commission. These two-year terms end June 30, 2022. The Council may choose to directly appoint the three Commissions who are on the Commission and interested in serving another term, or conduct a recruitment for the positions, which would include the applications of the current Commissioners.

Background Discussion:

Pursuant to Article XIII, Section 1 of the Visalia City Charter, the Council may, by ordinance, provide for the appointment of a City Planning Commission of five members, to serve without compensation, and to have such powers and duties as the Council may prescribe relating to City planning.

Pursuant to Visalia Municipal Code 2.16.020 vacancies from any cause on the Planning Commission shall be filled by the council, and all such vacancies shall be filled for the unexpired term only.

Additionally, no person shall be appointed a commissioner who is not a citizen of the United States and a resident of the city.

In accordance with the City Charter, the Planning Commission is comprised of five voting members.

Three Planning Commission terms expire on June 30, 2022. The following Commissioners have terms expiring, are eligible for another term and are interested in serving another term:
· Mary Beatie - appoint to a second term effective July 1, 2022 - June 30, 2024. · Adam Peck - appoint to a second term effective July 1, 2022 - June 30, 2024. · Marvin Hansen - appoint to a fourth and final term effective July 1. 2022 - June 24, 2024.

Visalia Planning Commissioners Beatie, Hansen, and Peck are nearing the expiration of their current Visalia City Council Printed on 5/13/2022Page 1 of 3
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File #: 22-0200 Agenda Date: 5/16/2022 Agenda #: 11.
terms. City staff is looking for direction from the Council on how these positions should be filled; either direct appointment tonight, or direction to conduct a recruitment which would include the applications of the current Commissioners. If reappointed, Commissioners Beatie and Peck would be appointed to a second term and Commissioner Hansen would be appointed to his fourth and final term.

The Council has traditionally conducted interviews, and then appointed the candidate(s) they wanted to fill the position(s). The Council can move directly to appoint two Commissioners tonight who would fill the term beginning July 1, 2020 and ending June 30, 2022, or could direct staff regarding a next step in the process.

If Council wishes to direct appoint, they may make that motion tonight. However, past Councils have sometimes chosen to conduct a full recruitment and make a decision based on the applications received. If the City Council wants to proceed with a full recruitment rather than reappoint the three Commissioners, staff requests that the recruitment process begin immediately. This is a recommended process but can be adapted per Council direction. The following process and schedule is suggested if the Council chooses to conduct a recruitment. This schedule may be modified depending on availability of Council members:

1. May 17-May 26, 2022; 5 p.m. - Accept applications for the Planning Commission.

2. If less than eight applications are received the entire Council would interview all candidates at a meeting to be determined.

3. If more than eight but less than 16 applications are received, the interviews would be held in two sessions, with three Council Members participating in one session and two Council Members in the second session. Each interview session would select up to three candidates to interview with the whole Council (total of six). The interviews with the entire City Council would be held at a Special Meeting with the date to be determined beginning at 4:00 p.m. If the interview process results in preferred candidates, the appointment could occur at the special meeting or the June 20, 2022 regular meeting.

4. If more than 16 applications are received, all applications would be provided to the City Council on May 27, 2022, and each Council Member would be asked to provide the City Clerk with the names of up to three candidates they wish to interview no later than noon on May 31, 2022.

Fiscal Impact: None.

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File #: 22-0200 Agenda Date: 5/16/2022 Agenda #: 11.
and final term to expire on June 30, 2023 and appointed Commissioner Chris Tavarez to a first term to expire on June 30, 2023.

Alternatives: A different process as directed by the City Council.

Recommended Motion (and Alternative Motions if expected):

I move to approve the reappointment of the following Planning Commissioners:
· Mary Beatie - appoint to a second term effective July 1, 2022 - June 30, 2024 · Adam Peck - appoint to a second term effective July 1, 2022 - June 30, 2024 · Marvin Hansen - appoint to a fourth/final term effective July 1, 2022 - June 24, 2024 or
I move to conduct a recruitment using the process and timeline outlined in the staff report.

Environmental Assessment Status: None.

Attachments: Planning Commission attendance list 2022
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Planning Commission Meeting Attendance
July 12, 2021- May 9, 2022

1. Adam Peck - None

2. Chris Gomez - Three (3)

3. Marvin Hansen - One (1)

4. Chris Tavarez –Three (3)

5. Mary Beatie – (1)
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0202 Agenda Date: 5/16/2022 Agenda #: 12.

Agenda Item Wording:

Adoption of resolutions relating to the regular municipal election to be held on Tuesday, November 8, 2022. Approval of Resolution 2022-31 requesting and consenting to consolidation of elections and specifications of the election order and approval of Resolution 2022-32 requesting the Tulare County Board of Supervisors authorize the County Registrar of Voters to render specific services to the City of Visalia. (Resolutions 2022-31 and 2022-32 required).

Deadline for Action: 7/1/2022
Submitting Department: Administration
Contact Name and Phone Number: Michelle Nicholson, Chief Deputy City Clerk, [email protected] <mailto:[email protected]> , 713-4512; Leslie Caviglia, City Manager/City Clerk, [email protected] <mailto:[email protected]>, 713-4332.

Department Recommendation:

It is recommended that the Visalia City Council adopt Resolutions 2022-31 and 2022-32 authorizing the consolidation of the regular municipal election for Visalia City Council Districts 1, 3, 4, & 5 on Tuesday, November 8, 2022 with other elections to be held in and administered by the County of Tulare on that date, and request the Tulare County Board of Supervisors to authorize the County Registrar of Voters to conduct the election.

Background Discussion:

For many years, the City of Visalia has consolidated its municipal elections with other elections conducted by the County of Tulare and has asked the County Registrar of Voters to conduct the election on behalf of the City.

On May 18, 2015, the City Council adopted a plan that designates the elections for City Council Members representing Districts 1 and 2 to be held in 2016 and every four years thereafter.

Following that pattern, the 2022 election will automatically include District 3, 4 and 5.

District 1 is being included due to the untimely death in 2021 of the Council Member elected in 2020 to represent District 1. State law requires that if a mid-term vacancy is filled by appointment, the appointee serves until the next general election. As such, District 1 will be included in the 2022 election to elect a Council Member to complete the term, and again in 2024 when it would normally come up for election as part of the regular election cycle.

The Tulare County Office of the Registrar of Voters has done an efficient and effective job for the City of Visalia in previous elections. They have the appropriate equipment and systems in place. They accept the nomination papers, prepare and mail the ballots, set up and operate polling places, count Visalia City Council Printed on 5/13/2022Page 1 of 2
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File #: 22-0202 Agenda Date: 5/16/2022 Agenda #: 12.
the results and certify the election. By consolidating with other agencies holding elections on the same day, all agencies are able to share the costs and save money.

The November 2022 elections will be conducted under the direction of Michelle Baldwin, Tulare County Registrar of Voters.

The consolidation of the City's election with other elections conducted in the County of Tulare has resulted in tremendous cost savings for Visalia, has simplified the process for voters, and proven to be an effective and efficient process. In recent years, the County of Tulare has implemented automated voting equipment and processes which have increased the timeliness and accuracy of the elections process.

Fiscal Impact:

The County will invoice the City for the direct cost of the election. Since it is unknown how many other agencies will be conducting elections this November, the exact cost is unknown. Based on prior election history the estimated cost for Districts 1, 3, 4, and 5 is $3.00 to $3.50 per voter or approximately $174,060 to $203,071.

Prior Council Action: N/A
Other: N/A
Alternatives: To direct the City Clerk to conduct an independent election (not recommended) Recommended Motion (and Alternative Motions if expected):

Approve Resolution 2022-31 requesting and consenting to consolidation of elections and setting specifications of the election order; and approve Resolution 2022-32 requesting the Tulare County Board of Supervisors permit the County Registrar of Voters to render specified election related services to the City of Visalia.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Resolution 2022-31, Resolution 2022-32; 11.8.22 Election Calendar Visalia City Council Printed on 5/13/2022Page 2 of 2
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RESOLUTION NO. 2022-31

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VISALIA

REQUESTING AND CONSENTING TO CONSOLIDATION OF ELECTIONS

AND SETTING SPECIFICATIONS OF THE ELECTION ORDER

WHEREAS, the City Council has ordered a Municipal Election to be held on Tuesday, November 8, 2022, to fill certain municipal offices; and

WHEREAS, other elections may be held in whole or in part of the territory of the City and it is to the advantage of the City to consolidate pursuant to Elections Code Section 10400; and

WHEREAS, Elections Code Section 10242 provides that the governing body shall determine the hours of opening and closing the polls; and

WHEREAS, Elections Code Section 10002 requires the City to reimburse the County in full for the services performed upon presentation of a bill to the City by the County Elections Official; and

WHEREAS, Elections Code Section 13307 requires that before the nominating period opens the governing body must determine whether a charge shall be levied against each candidate submitting a candidate’s statement to be sent to the voters; and

WHEREAS, Elections Code Section 12101 requires the publication of a notice of the election once in a newspaper of general circulation in the City;

NOW, THEREFORE, IT IS HEREBY ORDERED that an election be held in accordance with the following specifications:

SPECIFICATIONS OF THE ELECTION ORDER

1. The Election shall be held on Tuesday, the 8th day of November, 2022. The purpose of the election is to choose successors for the following offices:

Four seats for the Visalia City Council:

Liz Wynn, District 1 - Term of Office – 08/2021 to 11/2022 Brian Poochigian, District 3 - Term of Office - 12/2018 to 11/2022 Greg Collins, District 4 - Term of Office - 12/2018 to 11/2022 Steve Nelsen, District 5 - Term of Office - 12/2018 to 11/2022

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2. This City Council hereby requests and consents to the consolidation of this Election with other elections which may be held in whole or in part of the territory of the City, as provided in Elections Code 10400.

3. The City hereby designates the hours the polls are to be kept open shall be from 7:00 a.m. to 8:00 p.m.

4. The City will reimburse the County for the actual cost incurred in conducting the Election upon receipt of a bill stating the amount due as determined by the Elections Official.

5. The City Council has determined that the candidate will pay for the Candidate’s Statement. The Candidate’s Statement will be limited to 200 words.

6. The City requests that the Registrar of Voters publish the Notice of Election in the Visalia Times-Delta which is a newspaper of general circulation that is regularly circulated in the City of Visalia.

7. The City directs that a certified copy of this Resolution be forwarded to the Registrar of Voters and the Board of Supervisors of Tulare County.

PASSED AND ADOPTED: May 16, 2022 LESLIE B. CAVIGLIA, CITY CLERK

STATE OF CALIFORNIA)
COUNTY OF TULARE ) ss.

CITY OF VISALIA )

I, Leslie B. Caviglia, City Clerk of the City of Visalia, certify the foregoing is the full and true Resolution 2022-31 passed and adopted by the Council of the City of Visalia at a regular meeting held on May 16, 2022.

Dated: May 17, 2022 LESLIE B, CAVIGLIA, CITY CLERK

By Michelle Nicholson, Chief Deputy City Clerk

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RESOLUTION NO. 2022-32

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VISALIA

REQUESTING THE TULARE COUNTY BOARD OF SUPERVISORS

PERMIT THE COUNTY REGISTRAR OF VOTERS TO RENDER

SPECIFIC SERVICES TO THE CITY OF VISALIA

WHEREAS, pursuant to the Elections Code, the governing body of any City may, by Resolution, request the Board of Supervisors of the County to permit the County Elections Official to render specified services to the City relating to the conduct of an election; and

WHEREAS, the City has ordered an election be held with the boundaries for Districts 1, 3, 4, and 5 in the City on November 8, 2022.

NOW, THEREFORE, BE IT RESOLVED by the City Council:

The Board of Supervisors of Tulare County is hereby requested to permit the County Registrar of Voters to render services to the City of Visalia relating to the conduct of the November 8, 2022 Municipal Election as follows:

a. Distribute and file nomination papers and candidate statements for City offices. b. Make all required publications.
c. Prepare, print and mail to the qualified electors of the City of Visalia sample ballots and voter pamphlets.
d. Provide vote by mail ballots for said Municipal Election for use by the qualified electors who may be entitled to vote by mail ballots in the manner provided by law.
e. Order consolidation of precincts, appoint precinct boards, designate polling places and instruct election officer concerning their duties. f. Conduct and canvass the returns of the election and certify the votes cast to the City.
g. Receive and process Vote by Mail voter applications. h. Prepare, print and deliver to the polling places supplies, including the official ballots and a receipt for said supplies.
i. Recount votes, if requested, in accordance with State law. j. Conduct the above election duties in accordance with the Voting Right Act of 1975.
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k. Perform all other pertinent services required to perform for said election other than the requirements of the Fair Political Practices Commission; said Fair Political Practices Commission requirements to be performed by the City Clerk.

The City Clerk is hereby authorized and directed to transmit certified copies of this Resolution to the Board of Supervisors and to the County Registrar of Voters.

PASSED AND ADOPTED: May 16, 2022 LESLIE B. CAVIGLIA, CITY CLERK

STATE OF CALIFORNIA)
COUNTY OF TULARE ) ss.

CITY OF VISALIA )

I, Leslie B. Caviglia, City Clerk of the City of Visalia, certify the foregoing is the full and true Resolution 2022-32 passed and adopted by the Council of the City of Visalia at a regular meeting held on May 16, 2022.

Dated: May 17, 2022 LESLIE B. CAVIGLIA, CITY CLERK

By Michelle Nicholson, Chief Deputy City Clerk
526
Gubernatorial General Election
November 8, 2022
Appointments for Nomination
Period Open* July 11,2022
Nomination Period July 18, 2022 – August 12, 2022
Extension: August 13, 2022 – August 17, 2022
1st Day for Vote by Mail (VBM) October 10, 2022
Last Day to Register

October 24, 2022
Last Day to Request a Vote by
Mail Ballot November 1, 2022
Late Condition Vote by Mail
(Issued in Elections Office only)
November 2, 2022 –
November 8, 2022
Write-in Period

September 12, 2022 –
October 25, 2022
Beginning on the first day of the Nomination Period, candidates can start the nomination process by using the new Nomination Portal on the Tulare County Registrar of Voters website:
www.tularecoelections.org.
*Appointments must be made in advance in order to file Nomination Documents with the Registrar of Voters office. The appointment scheduler will become available on our website beginning July 11, 2022.

MEASURES
Deadline to Verify District
Boundaries for Measures July 6, 2022
Deadline for District to File
Paperwork to Consolidate a
Measure**

August 12, 2022
Time Frame to File Arguments At least 10 days after original filing.

Time Frame to File Rebuttal
Arguments
10 days after argument deadline.
**Measures submitted after July 6, 2022 may not be consolidated with the election if there are boundary changes or special boundary lines to implement.
527
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0134 Agenda Date: 5/16/2022 Agenda #: 1.

Agenda Item Wording:

Introduce and conduct the first reading of Ordinance No. 2022-09 an ordinance to approve the adoption of Visalia Police Department Military Equipment Policy #708 per California Assembly Bill (AB) 481. Schedule a second reading and adoption on June 20, 2022, for City Council approval of the proposed Ordinance and Visalia Police Department Military Equipment Policy #708.

Deadline for Action: 5/16/2022
Submitting Department: Police Department
Contact Name and Phone Number: Chief Jason Salazar, ext. 4215, [email protected]; Captain Luma Fahoum, ext. 4103, [email protected]; Lieutenant Osvaldo Dominguez, ext. 4285, [email protected]
Department Recommendation:

Introduce and conduct the first reading of Ordinance No. 2022-09 an ordinance to approve the adoption of Visalia Police Department Military Equipment Policy 708 per the new California Assembly Bill (AB) 481. Schedule a second reading and adoption on June 20, 2022, for City Council approval of the proposed Ordinance and Visalia Police Department Military Equipment Policy #708.

Summary:

AB 481 requires law enforcement agencies to obtain approval of the applicable governing body (City Council), by adoption of a “military equipment” use policy prior to taking certain actions relating to the funding, acquisition, and use of specified types of equipment. The process to approve a military equipment policy must be initiated by May 1, 2022. The process requires that the Department post an inventory of equipment that falls under the definition of military equipment per the legislation, as well as a draft of the military equipment policy on its website 30 days prior to a public hearing for approval by the Council to adopt the ordinance and military equipment policy. AB 481 additionally requires that the Department publish an annual report to include the use of equipment that falls under the legislation’s military equipment definition, complaints received related to that equipment, internal audits of this equipment, the cost of use, and other relevant information and present that report to the Council annually.

The proposed Ordinance and Policy of the Police Department is compliant with the State law as set forth in AB 481. The intent of AB 481 is to increase transparency, accountability, and oversight surrounding the use of equipment utilized for law enforcement purposes by the Department that fall under the definition of military equipment outlined in AB 481. Moreover, the equipment listed in the attached inventory and currently in the possession of the Visalia Police Department, provides police officers equipment that is essential in day-to-day patrol operations, response to critical incidents, and to protect and promote the welfare and safety of the community we serve.

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File #: 22-0134 Agenda Date: 5/16/2022 Agenda #: 1.

Background Discussion:

AB 481, approved on September 30, 2021, by Governor Gavin Newsom (codified as Chapter 12.8 of the California Government Code and commencing with section 7070 et seq.), requires that all local law enforcement agencies obtain approval from the applicable governing body (City Council) via adoption of a “military equipment” use policy by ordinance prior to requesting, seeking funding, acquiring, and collaborating with other jurisdictions regarding the deployment and use of equipment identified in AB 481 as military equipment.

The term “military equipment”, is defined in AB 481 and, does not necessarily indicate equipment used by the military. Items deemed to be “military equipment” include but are not limited to, unmanned aerial systems (UAS), armored vehicles, command and control vehicles, specialized firearms and ammunition, kinetic energy weapons and munitions, and noise-flash diversionary devices. Many of the items listed as “military equipment” by AB 481 are in wide use by law enforcement agencies across the country as best practices to enhance community and officer safety and used in daily operations or in response to critical incidents. It is important to note that the Visalia Police Department does not possess or utilize any military equipment procured from the United States Department of Defense through the Law Enforcement Support Program (also known as the 1028 or 1033 program).

Visalia Police Department Military Equipment Policy 708 adheres to California Government section 7070 et seq with respect to the approval, acquisition, and reporting requirements of military equipment and is consistent with industry best practices. The proposed military equipment use policy will safeguard the public’s welfare, safety civil rights, and civil liberties.

The Visalia Police Department has reviewed the inventoried equipment and determined that it is necessary because there are no reasonable alternatives that can achieve the same objectives of officer and civilian safety. The Department considers approving the policy and continuing to utilize the listed equipment to be reasonably cost effective compared to available alternatives. Finally, the Visalia Police Department has reviewed the usage of the inventoried equipment and determined that prior military equipment use complied with applicable use policies in effect at the time, and in any instances where prior uses did not comply then corrective action has been taken to remedy nonconforming usage and ensure future compliance.

In addition to the policy obligations, AB 481 requires the City to:
· Publish the draft military equipment use policy to the Police Department’s website 30 days ahead of a public hearing to approve the policy. It is noted that a copy of the draft policy was published on the Department’s website in April of this year to commence the policy approval process and will remain available on the website.
· Publish an annual report identifying all equipment in possession or in use by the Department that falls under the categories identified in AB 481 and approved by the City Council. · Hold at least one well-publicized and conveniently located community engagement meeting within 30 days of submitting and publicly releasing the annual military equipment report. · Have the Police Department present an annual report concerning military equipment use to the City Council.

The Visalia Police Department Draft Military Equipment Inventory List was published on the City of Visalia City Council Printed on 5/13/2022Page 2 of 4
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File #: 22-0134 Agenda Date: 5/16/2022 Agenda #: 1.

Visalia website on April 7, 2022, at least (30) days prior to the adoption of this ordinance approving the proposed policy to occur with the first public hearing to be held on May 16, 2022, and the second reading scheduled to take place on June 20, 2022. The webpage containing the applicable documents related to this ordinance and policy can be located at the following link:
<https://www.visalia.city/depts/police/public_records_act/default.asp> AB 481 has designated the following categories of items as military equipment. The Visalia Police Department has equipment that meets the criteria for 7 of the 15 categories (Equipment Categories 1, 3, 5, 9, 11, 12, and 14):
· Equipment Category 01: Unmanned, remotely piloted, powered aerial or ground vehicles. · Equipment Category 02: Mine-resistant ambush-protected vehicles or armored personnel carriers.
· Equipment Category 03: High mobility multipurpose wheeled vehicles (HMMWV), two-and-one -half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached.
· Equipment Category 04: Tracked armored vehicles that provide ballistic protection to their occupants.
· Equipment Category 05: Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. · Equipment Category 06: Weaponized aircraft, vessels, or vehicles of any kind. · Equipment Category 07: Battering rams, slugs, and breaching apparatuses that are explosive in nature.
· Equipment Category 08: Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition. · Equipment Category 09: Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue handguns. · Equipment Category 10: Any firearms or firearm accessory that is designed to launch explosive projectiles.
· Equipment Category 11: Noise-flash diversionary devices and explosive breaching tools. · Equipment Category 12: Munitions containing tear gas or OC, excluding standard, service- issued handheld pepper spray.
· Equipment Category 13: TASER® Shockwave, microwave weapons, water cannons, and long- range acoustic devices.

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File #: 22-0134 Agenda Date: 5/16/2022 Agenda #: 1.
· Equipment Category 14: Kinetic energy weapons and munitions. · Equipment Category 15: Any other equipment as determined by a governing body or state agency to required additional oversight.

Fiscal Impact:

None.

Prior Council Action: None.

Other: N/A
Alternatives: N/A
Recommended Motion (and Alternative Motions if expected):

Introduce and conduct the first reading of Ordinance No. 2022-?? an ordinance to approve the adoption of Visalia Police Department Military Equipment Policy 708 per California Assembly Bill (AB) 481. Schedule a second reading and adoption on June 20, 2022, for City Council approval of the proposed Ordinance and Visalia Police Department Military Equipment Policy 708.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: 1. Visalia Police Department Draft Military Equipment Policy #708; 2. Visalia Policy Department Military Equipment Inventory List; 3. Proposed Ordinance No. 2022-09. 4. AB-481 PowerPoint Presentation.

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531
Assembly Bill (AB) 481

VISALIA POLICE DEPARTMENT
May 16, 2022, City Council Session
532
Agenda Item
AB 481 – Military Equipment Funding, Acquisition, & Use Policy Introduce and conduct the first reading of Ordinance No. xx adopting a proposed Visalia Police Department Military Equipment Policy 708 per California Assembly Bill (AB) 481.

Schedule a second reading and adoption on May 16, 2022, for City Council approval of the proposed Ordinance and Visalia Police Department Military Equipment Policy 708.
2 533
Description & Purpose
AB 481 – Military Equipment Funding, Acquisition, & Use Policy • AB 481 requires law enforcement agencies to obtain approval of the applicable governing body (Mayor and City Council), by adoption of Military Equipment Use Policy.
• AB 481 also requires an annual report that summarizes the use of military equipment, complaints received, internal audits, the cost of use, and other similar information published by the Department. 3 534
Requirements
In addition to the policy obligations, AB 481 required the City of Visalia to:
 Publish the draft military equipment use policy to the Police Department’s website 30 days ahead of a public hearing to approve the policy.  A draft military equipment use policy was published on April 7, 2022.  Publish an annual report identifying all equipment in possession or in use by the Department that falls under the categories identified in AB 481 and approved by the City Council.
 Hold at least one-well publicized and conveniently located community engagement meeting within 30 days of submitting, presenting, and publicly releasing the annual military equipment report.
4 535
“Military Equipment” Categories
The Visalia Police Department has equipment that meets the criteria for 7 of the 15 categories. • Equipment Category 1 - Unmanned, remotely piloted, powered aerial or ground vehicles.
• Equipment Category 2 - Mine-resistant ambush-protected vehicles or armored personnel carriers.
• Equipment Category 3 - High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached.
• Equipment Category 4 - Tracked armored vehicles that provide ballistic protection to their occupants.
• Equipment Category 5 - Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. 5 536
“Military Equipment” Categories
The Visalia Police Department has equipment that meets the criteria for 7 of the 15 categories. • Equipment Category 6 - Weaponized aircraft, vessels, or vehicles of any kind. • Equipment Category 7 - Battering rams, slugs, and breaching apparatuses that are explosive in nature.
• Equipment Category 8 - Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition. • Equipment Category 9 - Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code §30515, with the exception of standard-issue handguns. • Equipment Category 10 - Any firearm or firearm accessory that is designed to launch explosive projectiles.
6 537
“Military Equipment” Categories
The Visalia Police Department has equipment that meets the criteria for 7 of the 15 categories. • Equipment Category 11 - Noise-flash diversionary devices and explosive breaching tools.
• Equipment Category 12 - Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• Equipment Category 13 - TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices.
• Equipment Category 14 - Kinetic energy weapons and munitions. • Equipment Category 15 - Any other equipment as determined by a governing body or a state agency to require additional oversight.
7 538
Location of Published Inventory
AB 481 – Military Equipment Inventory List
The Visalia Police Department Military Equipment Inventory List was published on the City of Visalia website on April 7, 2022, at least (30) days prior to the adoption of this ordinance approving the proposed policy. https://www.visalia.city/depts/police/public_records_act/default.asp Policy 708 shall be made publicly available on the City of Visalia website for as long as the military equipment contained in the inventory is in use. *The Visalia Police Department does have, nor does it utilize, any equipment procured from the United Sates Department of Defense through the Law Enforcement Support Program (also known as the 1028 or 1033 program).
8 539
Action Plan
What is Council required to act on tonight?
Obtain approval from City Council via adoption of a “military equipment” use policy by ordinance prior to requesting, seeking funding, acquiring, and collaborating with other jurisdictions regarding the deployment and use of equipment identified in AB 481 as military equipment.

The military equipment policy must be approved by City Council by ordinance and reviewed annually thereafter.
9 540
Timeline
Future Dates & Actions
• September 30, 2021: CA AB 481, relating to the use of military equipment by law enforcement agencies in the State of California, was signed into law. • April 7, 2022: Documents pertaining AB 481 have been made available on the City of Visalia website.
• May 16, 2022: First reading of the proposed Ordinance adopting a proposed Visalia Police Department Military Equipment Policy 708 per CA AB 481. • June 20, 2022: Second reading and adoption for City Council approval of the proposed Ordinance and Visalia Police Department Military Equipment Policy 708.
10 541
Recommended Motion
AB 481 – Military Equipment Inventory List
11 Introduce and conduct the first reading of Ordinance No. xx adopting a proposed Visalia Police Department Military Equipment Policy 708 per California Assembly Bill (AB) 481.

Schedule a second reading and adoption on May 16, 2022, for City Council approval of the proposed Ordinance and Visalia Police Department Military Equipment Policy 708.
542
Questions?

VISALIA POLICE DEPARTMENT
April 18, 2022, City Council Session
Thank You.
543
ORDINANCE NO. 2022-09

AN ORDINANCE ADOPTING A MILITARY

EQUIPMENT USE POLICY

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VISALIA

Section 1: The City Council hereby finds the following:

A. On September 30, 202 1, California Assembly Bill 481 , relat ing to the use of military equipment by law enforcement agencies in the State of California, was signed into law.

B. Assembly Bill 481, codified in Government Code sections 7070 -7015, requires law enforcement agencies to obtain approval by ordinance from the applicable governing body of a “military equipment” (as that term is defined in Government Code section 7070) policy, during a regular meeting prior to taking specified actions relating to the funding, acquisition, or use of the defined types of military equipment.

C. The Visalia Police Department has prepared Policy 708 - Military Equipment, to meet these new state law requirements. A copy of Policy 708 , including the applicable equipment inventory, is attached hereto and made a part hereof by reference as Exhibit “A”.

D. The military equipment policy must be approved by the governing body by ordinance and reviewed annually thereafter.

E. Policy 708 describes the military equipment utilized by the Visalia Police Department , equipment quantity, capabilities, expected lifespan, and includes product descriptions from the equipment manufacturer.

F. Policy 708 describes t he purposes and authorized uses for which the Visalia Police Department proposes to use each type of described military equipment.

G. Policy 708 describes the fiscal impact for the military equipment, including the initial cost s of obtaining the equipment and estimated annual costs of maintaining the equipment.

H. Policy 708 describes t he legal and proced ural rules that govern authorized use of the equipment.

I. Policy 708 describes t he training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed befo re Visalia Police Department employees are allowed to use each specific type of military equipment.

J. Policy 708 includes mechanisms to ensure compliance.

K. Policy 708 includes procedures by which members of the public may register compla ints, concerns, or submit questions about the use of each specific type of military equipment and 544
how the Visalia Police Department will ensure that each complaint, concern, or question will receive a response in a timely manner.

L. The military equipment inventoried and presented by the Visalia Police Department is necessary because there is no reasonable alternative that can achieve the same objectives of officer and civilian safety.

M. Policy 708 will safeguard the public welfare, safety, civil rights, and civil liberties.

N. The military equipment described in Policy 708 is reasonably cost effective compared to available alternatives.

O. Prior military equipment use by the Visalia Police Department complies with the proposed policy and if prior uses did not comply with the proposed policy, then corrective actions have been taken to remedy nonconforming uses and ensure compliance.

P. The Visalia Police Department has submitted the proposed policy for review and has made the documents available on t he City of Visalia website for at least thirty (30) days prior to the adoption of this ordinance approving the proposed policy.

Q. Policy 708 was c onsidered as an agenda item in open session of a reg ularly scheduled meeting of the Visalia City Council , which was noticed in advance in accordance with applicable open meeting laws.

R. The process to authorize and approve this ordin ance was commenced pri or to May 1, 2022.

Section 2: Policy 708 shall be made publicly available on the City of Vis alia website for as long as the military equipment contained in the inventory is in use.

Section 3: The Visalia Police Department shall submit an annual milit ary equipment report to the City Counci l and this report shal l contain all the information required in Gov ernment Code section 7072 and the City Council shall review and vote on whether to renew approval of the military equipment policy during a regularly scheduled meeting.

Section 4: If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstances, is for any r eason held to be invalid or unenforceable, such invalidity or unenforceability shall not impact the validity or enforceability of the remaining sections, subsections, subdivision, paragraphs, sentences, clauses or phrases of this Ordinance, or its applicat ion to any other person or circumstan ce. The City Council of the City of Visalia hereby declares that it would have adopted each section, subsection, subdivision, pa ragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sent ences, clauses or phrases hereof be declared invalid or unenforceable.

545
Section 5: This Ordinance shall take effect thirty days after its adoption.

PASSED AND ADOPTED:

___________________________________
MAYOR

ATTEST: APPROVED BY CITY ATTORNEY:

______________________________ ____________________________________

CITY CLERK
546
Policy
708
Visalia Police Department
Visalia PD Policy Manual
Copyright Lexipol, LLC 2022/04/07, All Rights Reserved.

Published with permission by Visalia Police Department ***DRAFT*** Military Equipment - 1 Military Equipment
708.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
708.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body – The elected or appointed body that oversees the Department.

Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.
547
Visalia Police Department
Visalia PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/07, All Rights Reserved.

Published with permission by Visalia Police Department ***DRAFT*** Military Equipment - 2 708.2 POLICY
It is the policy of the Visalia Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 708.2.1 PURPOSE AND USE
Included with this Policy as Attachment "A" is a full report of each type of equipment that meets the definition of military equipment; the quantity in the department's possession; the capabilities of the equipment; the expected lifespan; the manufacturer's description; the purpose and authorized uses of the equipment; the legal and procedural rules that apply to its use; the required training before use by a member of the department; and the compliance mechanisms related to the equipment.
708.3 EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the equipment coordinator. The responsibilities of the equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all equipment that meets the definition of military equipment at least annually.
(d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Visalia Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
708.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:

See attachment: 708.4 MILITARY EQUIPMENT INVENTORY.pdf
548
Visalia Police Department
Visalia PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/07, All Rights Reserved.

Published with permission by Visalia Police Department ***DRAFT*** Military Equipment - 3 708.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 708.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by any member of this Department shall be approved for use and in accordance with this Department policy. Military equipment used by other jurisdictions that are providing mutual aid to this Department, or otherwise engaged in law enforcement operations in this jurisdiction, shall comply with their respective military equipment use policies in rendering mutual aid.
708.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 549
Visalia Police Department
Visalia PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/07, All Rights Reserved.

Published with permission by Visalia Police Department ***DRAFT*** Military Equipment - 4 708.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
550

VISALIA POLICE DEPARTMENT
AB 481 Inventory - 2022

CATEGORY QUANTITY

DESCRIPTION (GENERAL, MANUFACTURER'S)
& CAPABILITIES

PURPOSE AND

AUTHORIZED USES
&

COMPLIANCE MECHANISMS TRAINING FISCAL IMPACT

LEGAL &

PROCEDURAL
RULES
LIFE
SPAN
VEHICLE 1 Bomb Squad Truck
Recreational vehicle equipped with storage space,
generator for 110 v electricity and trailer hitch.

Five-speed automatic transmission, diesel engine-
powered personnel and equipment carrier.

Range 100 miles
To provide safe transport of Bomb
Squad personnel and equipment.

Use is established by the Bomb
Squad Commander and or Incident
Commander.

Possession of a
valid class "C"
drivers license.
$300,000 initial
cost
$10,000 annual
maintenance
California Vehicle
Code
VPD policy 806
Expired
VEHICLE 1 Mobile Command Vehicle
Mobile office that provides transportation, shelter,
restroom facilities, and access to Police Department
computer systems.

Diesel-powered Winnebago recreational vehicle
with 1 slide out and ONAN generator.

Range 250 miles
To provide for the safe transport,
security, and Command Post for
agency personnel during high-risk
or emergency incidents.

Operational use under the approval
of the On Duty Lieutenant.

Agency-authored
orientation course;
annual refresher.
$500,000 initial
cost
$10,000 annual
maintenance
VPD Policy 702,
703, 704.
10 yrs.

VEHICLE 1 Armored Vehicle (Bearcat)
Lenco Bearcat: Black armored, wheeled vehicle.

Gloss black agency name markings and red/blue
lights. Equipped with a siren. Can hold a driver and
seven passengers.

Four-wheeled, five-speed automatic transmission,
diesel engine-powered personnel carrier with
ballistic glass and armor rated to .50 cal.

Range 100 mi.

Armor rated to .50 cal.

To provide for the safe transport,
security, and rescue of agency
personnel and citizens in high-risk
incidents.

Operational use under the review of
the SWAT Commander or
appropriate team supervisor.

Agency-authored
orientation course;
annual refresher.
$225,000 initial
cost
$5,000 annual
maintenance
VPD Policy 405 10 yrs.

551

CATEGORY QUANTITY

DESCRIPTION (GENERAL, MANUFACTURER'S)
& CAPABILITIES

PURPOSE AND

AUTHORIZED USES
&

COMPLIANCE MECHANISMS TRAINING FISCAL IMPACT

LEGAL &

PROCEDURAL
RULES
LIFE
SPAN
VEHICLE 1 Transport Van Large
Freightliner Transport Van: Black & White
transport van, wheeled vehicle. gray, reflective
Agency Name markings and red/blue lights.

Equipped with a siren. Can hold a driver and 10
passengers.

Dually, five-speed automatic transmission, diesel
engine-powered personnel and equipment carrier.

Range 120 miles;
No ballistic capabilities.

To provide for the safe transport of
agency personnel and equipment in
high-risk incidents.

Operational use under the review of
the SWAT Commander or
appropriate team supervisor.

Agency-authored
orientation course;
annual refresher.
$180,000 initial
cost
$5,000 annual
maintenance
VPD Policy 405 10 yrs.

ROBOTICS 1 Bomb Robot
The Remotec ANDROS F6A is a heavy-duty robot.

Its stair climbing ability, an arm capable of lifting
65lbs. The F6A also offers multiple
communications options, a chassis and manipulator
that allow for accessories and tool combinations,
and quick-release pneumatic wheels for rapid width
reduction.

Only assigned operators who have
completed the required training
shall be permitted to operate the
robots. Use is established by the
Bomb Squad Commander and or
Incident Commander.

Use is established by the Bomb
Squad Commander and or Incident
Commander.

All robot operators
must complete the
FBI's 6-week
hazardous device
school prior to
operating the robot.
$250,000 initial
cost
Annual
maintenance and
battery replacement
cost is
approximately
$5,000.

VPD Policy 410,
806
Tulare County
Consolidated Bomb
Squad Operating
Procedures
Expired

552

CATEGORY QUANTITY

DESCRIPTION (GENERAL, MANUFACTURER'S)
& CAPABILITIES

PURPOSE AND

AUTHORIZED USES
&

COMPLIANCE MECHANISMS TRAINING FISCAL IMPACT

LEGAL &

PROCEDURAL
RULES
LIFE
SPAN
ROBOTICS 6 Unmanned Aircraft System (UAS)
1 4
1 Omnidirectional drones that capture complex
footage using the latest in camera technology.

DJI / Mavic Pro - 25 min flight time and a single-
color camera with recording capabilities.

DJI / Mavic 2 Zoom - 30 min flight time and a
single-color camera with recording capabilities.

DJI / Mavic Enterprise - 30 min flight time and has
a color and inferred camera as well as audible
speaker and light with recording capabilities.

Deployed to assist officers and/or
incident commanders with
situations such as: major collision
investigations, missing persons,
natural disaster management, crime
scene photography, SWAT, tactical
or other public safety and life
preservation missions, and in
response to specific requests from
local, state or federal fire
authorities for fire response and or
prevention.

UAS operators are
licensed by the
Federal Aviation
Administration
(FAA) for UAS
operation. In
addition, each
operator must attend
monthly trainings.

DJI / Mavic Pro -
$1,400 initial cost;
$100 annual
maintenance.

DJI / Mavic 2
Zoom - $1,900
initial cost; $100
annual
maintenance.

DJI / Mavic
Enterprise - $2,700
initial cost; $100
annual
maintenance.

VPD Policy 606
FAA Regulation 14
CFR Part 107
DJI /
Mavic Pro
-1 year
DJI /
Mavic 2
Zoom - 2
years
DJI /
Mavic
Enterprise
- 3 years
ROBOTICS 1 Robot (Avatar)
2012 RoboteX Avatar II robot with rubber,
articulable tracked arms. 2 cameras and
communication capabilities. Remotely controlled.

The Avatar® II is a compact, lightweight robotic
platform that is part of the RoboteX Avatar®
Series. Designed from the ground up for portability,
expandability, and ease-of-use, the Avatar® II
serves as a useful tool for a variety of users.

Remotely controlled, battery life approx. 45
minutes
Allows SWAT operators to
remotely and safely clear location
of potentially violent suspects
without exposing human operators
to danger.

Operational use under the review of
the SWAT Commander or
appropriate team supervisor.

Agency-authored
orientation course;
annual refresher.
$12,500 initial cost
$100 annual
maintenance cost
VPD Policy 405 10 years

553

CATEGORY QUANTITY

DESCRIPTION (GENERAL, MANUFACTURER'S)
& CAPABILITIES

PURPOSE AND

AUTHORIZED USES
&

COMPLIANCE MECHANISMS TRAINING FISCAL IMPACT

LEGAL &

PROCEDURAL
RULES
LIFE
SPAN
ROBOTICS 1 Robot (Scout)
Recon Scout is a rubber wheeled throwable
reconnaissance robot.

Recon Scout XT, a small throwable reconnaissance
robot designed and manufactured by
ReconRobotics for use in law enforcement and
military applications.
15-20 minutes run time
Allows SWAT operators to
remotely and safely clear location
of potentially violent suspects
without exposing human operators
to danger.

Operational use under the review of
the SWAT Commander or
appropriate team supervisor.

Agency-authored
orientation course;
annual refresher.
$7,500 initial cost VPD Policy 405 10 years
ROBOTICS 1 Robot (Transcend))
Transcend's Vantage Robot is a rubber tracked
remotely controlled robot equipped with cameras.

It's the world’s only double-patented automatic
stair and obstacle climbing robot for First
Responders.
45-60 minutes runtime
Allows SWAT operators to
remotely and safely clear location
of potentially violent suspects
without exposing human operators
to danger.

Operational use under the review of
the SWAT Commander or
appropriate team supervisor.

Agency-authored
orientation course;
annual refresher.
$25,500 initial cost;
maintenance cost
variable
VPD Policy 405 10 years

554

CATEGORY QUANTITY

DESCRIPTION (GENERAL, MANUFACTURER'S)
& CAPABILITIES

PURPOSE AND

AUTHORIZED USES
&

COMPLIANCE MECHANISMS TRAINING FISCAL IMPACT

LEGAL &

PROCEDURAL
RULES
LIFE
SPAN
RIFLES
103
29 8
15 15
Colt AR15
H&K 416
H&K MP5
Eagle Arms
Sig Sauer MCX
(Defined under 30510
& 30515)
The department issued rifle assigned to sworn
personnel/SWAT is a light weight, shoulder
mounted weapon platform capable of firing a .223 /

5.56 round. The rifle is a semi-automatic
(automatic for SWAT) weapon platform capable of
firing one round with each trigger press or pull.

The rifle is designed to be more accurate than a
handgun at both close and further distances.

Additionally, the department issues a shoulder
mounted weapon platform capable of firing a 9mm
round.

Thirty round magazines are issued with each rifle.

Range 0-200 yards
The purpose of the department
issued rifle is to provide officers
with superior firepower and
accuracy.

Patrol Rifle utilization compliance
is conducted by shift supervisor
assigned to incident in which the
patrol rifle is deployed.

SWAT Rifle utilization compliance
is conducted by SWAT Team
Leader and SWAT Commander
assigned to incident in which the
SWAT rifle is deployed. (As
applicable)
Training compliance is maintained
by the Visalia Police Department
Range Staff and the SWAT Team
Commander.

Instructors are
required to attend a
P.O.S.T. certified
rifle course.

Operators are
required to attend
our 16 hour
P.O.S.T. certified
Rifle Course. The
course covers
several topics
including but not
limited to policy,
maintenance of
weapon platform,
and weapon
manipulations.

Operators are also
required to attend an
80-hour P.O.S.T.
certified Basic
SWAT Course. (as
applicable)
Colt AR15:
$1,203.37 Annual
Maintenance Cost:
$100
H&K 416:
$3,900.00 Annual
Maintenance Cost:
$100
H&K MP5: $1,800
per rifle Annual
Maintenance Cost:
$100
Sig Sauer MCX:
$1,850.00 Annual
Maintenance Cost:
$100
Eagle Arms:
$749.00 Annual
Maintenance Cost:
$100
VPD Policy 306,
405
10 yrs.

555

CATEGORY QUANTITY

DESCRIPTION (GENERAL, MANUFACTURER'S)
& CAPABILITIES

PURPOSE AND

AUTHORIZED USES
&

COMPLIANCE MECHANISMS TRAINING FISCAL IMPACT

LEGAL &

PROCEDURAL
RULES
LIFE
SPAN
RIFLES 5
2 SIG Sauer SSG3000
Heckler & Koch MR762A1
SSG3000: The department issued precision rifle is
a shoulder fired bolt action rifle capable of firing a
.308 caliber round. One round is fired with each
trigger pull and the bolt must be cycled in order to
fire another round. The rifle is equipped with a
3x14 power scope and 5 round detachable
magazine.

MR762A1: Is a department issued shoulder fired
semi-automatic precision rifle capable of firing a
.308 caliber round. One round is fired with each
trigger pull. This weapon is equipped with a 20
round magazine.

Range 0-900 yards
The department issued precision
rifle is capable of providing long
range precision fire.

Precision Rifle utilization
compliance is conducted by SWAT
Team Leader and SWAT
Commander assigned to incident in
which the precision rifle is
deployed.

Operators are
required to attend a
P.O.S.T. approved
40-hour Basic
Sniper School
SSG3000:
$2,500 initial cost
$100 annual
maintenance cost
H&K MR762A1:
$4,343 initial cost
$100 annual
maintenance cost
VPD Policy 306,
405
10 years

556

CATEGORY QUANTITY

DESCRIPTION (GENERAL, MANUFACTURER'S)
& CAPABILITIES

PURPOSE AND

AUTHORIZED USES
&

COMPLIANCE MECHANISMS TRAINING FISCAL IMPACT

LEGAL &

PROCEDURAL
RULES
LIFE
SPAN
LESS-LETHAL 2 Launcher (40mm single shot)
LMT Defense 40mm launcher that fires standard
40mm less lethal ammunition.

Manufactured exclusively for Defense
Technology®, the 40LMTS is a tactical single shot
launcher that features an expandable ROGERS
Super Stoc and will fire standard 40mm less lethal
ammunition, up to 4.8 inches in cartridge length.

Launch 40mm less lethal round up to 131 feet.

The purpose of this system is to aid
law enforcement in resolving
violent confrontations with a less
lethal option. They also assist law
enforcement in situations in which
lethal force may be justified but
potentially resolved with a less
lethal option.

Instructors attend a P.O.S.T.
certified Less Lethal Training
Course. Operators are trained by
certified instructors in topics
including the 40mm launcher,
shotgun less lethal launcher,
pepperball launcher, munition
characteristics, target and non-
target areas, and practical
application.

Instructors attend a
P.O.S.T. certified
Less Lethal
Training Course.

Operators are
trained by certified
instructors in topics
including the 40mm
launcher, shotgun
less lethal launcher,
pepperball launcher,
munition
characteristics,
target and non-
target areas, and
practical
application.
$1,000 initial cost VPD Policy 303,
405
10 yrs.

557

CATEGORY QUANTITY

DESCRIPTION (GENERAL, MANUFACTURER'S)
& CAPABILITIES

PURPOSE AND

AUTHORIZED USES
&

COMPLIANCE MECHANISMS TRAINING FISCAL IMPACT

LEGAL &

PROCEDURAL
RULES
LIFE
SPAN
LESS-LETHAL 2 Launcher (40mm multi-launcher)
1 1
Penn Arms P540-1 – Pump Multi-Launcher
A 40mm pump-action advance magazine drum
launcher with a fixed stock and combo rail. It has
a six-shot capacity and rifled barrel. Features
include: Double-action trigger, trigger lock push
button and hammer lock safeties. See specification
sheet for more details.

Defense Technology® 1440 40mm Tactical 4-Shot
Launcher
A low-profile and lightweight design, providing
multi-shot capability in an easy to carry launcher. It
features the Rogers Super Stoc™ expandable gun
stock, an adjustable Picatinny mounted front grip,
and a unique direct-drive system.

Launch 40mm less lethal round up to 131 feet.

The purpose of this system is to aid
law enforcement in resolving
violent confrontations with a less
lethal option. They also assist law
enforcement in situations in which
lethal force may be justified but
potentially resolved with a less
lethal option.

Instructors attend a P.O.S.T.
certified Less Lethal Training
Course. Operators are trained by
certified instructors in topics
including the 40mm launcher,
shotgun less lethal launcher,
pepperball launcher, munition
characteristics, target and non-
target areas, and practical
application.

Instructors attend a
P.O.S.T. certified
Less Lethal
Training Course.

Operators are
trained by certified
instructors in topics
including the 40mm
launcher, shotgun
less lethal launcher,
pepperball launcher,
munition
characteristics,
target and non-
target areas, and
practical
application.
$2000 initial cost VPD Policy 303,
405
N/A

558

CATEGORY QUANTITY

DESCRIPTION (GENERAL, MANUFACTURER'S)
& CAPABILITIES

PURPOSE AND

AUTHORIZED USES
&

COMPLIANCE MECHANISMS TRAINING FISCAL IMPACT

LEGAL &

PROCEDURAL
RULES
LIFE
SPAN
LESS-LETHAL 41 Launcher (Bean Bag Shotgun)
(Remington 870)
The less lethal shotgun launcher is a standard
shotgun capable of firing standard lethal shotgun
rounds. Because of this, precautions have been
made to ensure lethal rounds are not fired from a
shotgun intended for less lethal munitions. No
operator will be assigned a lethal and non-lethal
shotgun. Only less lethal munitions will be given
to an operator assigned a less lethal shotgun. The
less lethal shotgun will be outfitted with color
markings, i.e. orange, designating it as a less lethal
shotgun launcher.
.

Effective Range 20-75 feet
The purpose of this system is to aid
law enforcement in resolving
violent confrontations with a less
lethal option. They also assist law
enforcement in situations in which
lethal force may be justified but
potentially resolved with a less
lethal option.

Instructors attend a P.O.S.T.
certified Less Lethal Training
Course. Operators are trained by
certified instructors in topics
including the 40mm launcher,
shotgun less lethal launcher,
pepperball launcher, munition
characteristics, target and non-
target areas, and practical
application.

Instructors attend a
P.O.S.T. certified
Less Lethal
Training Course.

Operators are
trained by certified
instructors in topics
including the 40mm
launcher, shotgun
less lethal launcher,
pepperball launcher,
munition
characteristics,
target and non-
target areas, and
practical
application.

Remington 870:
$600.00 Annual
Maintenance Cost:
$35
VPD Policy 303,
405
10 years