Chowchilla City Council
May 30, 2023

AGENDA
Special City Council Meeting
City Council Chamber
Chowchilla City Hall - 130 S. Second Street, Chowchilla, CA 93610 Tuesday, May 30, 2023 – 3:00 p.m.

The City Council Chamber is open to the public for City Council meetings. City Council meetings are also available to view and participate via Zoom. Please read Page 3 of this agenda packet for Zoom login and participation information.

This City Council meeting agenda was posted at least 24 hours prior to the meeting in the kiosk just outside of City Hall, 130 S. Second St., Chowchilla, CA 93610.

Any writing or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection on the city website at www.CityofChowchilla.org.

The City of Chowchilla complies with the Americans with Disabilities Act (ADA of 1990). The Council Chambers is accessible to the physically disabled. If you need special assistance, please call (559) 665-8615, ext. 102 at least 4 days prior to a regular meeting, 1 day for a special meeting.

CALL TO ORDER/ROLL CALL:

Mayor: Ray Barragan
Mayor Pro Tem: Kelly Smith
Council Members: Waseem Ahmed, John Chavez, Jeff Troost City staff and contract employees present at the meeting will be noted in the minutes.

CONSIDERATION OF APPROVAL OF AGENDA
Additions and/or Deletions:

CLOSED SESSION – 3:00 PM

1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION – Significant Exposure to Litigation Pursuant to Paragraph (2) or (3) of Subdivision (d) of Section 54956.9 Potential cases: 1

2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION – Initiation of Litigation – Pursuant to Government Code Section 54956.9 Paragraph (4) Subdivision (d) (deciding whether to initiate litigation)
Number of Cases: 1

3. CONFERENCE WITH LABOR NEGOTIATORS – Pursuant to Government Code Section 54957.6
Agency designated representatives: City Administrator, City Attorney Employee organization: Chowchilla Police Officer Association Special City Council Meeting May 30, 2023
OPEN SESSION – 4:00 PM
PLEDGE OF ALLEGIANCE:

INVOCATION:

CLOSED SESSION REPORT:

CONSENT - Section 1

1.1 Consideration and Adoption of a City Council Resolution Accepting Improvements and Authorizing Filing of the Notice of Completion for the New Beacon and Beacon Tower Project (Rogers)

1.2 Consideration and Adoption of a City Council Resolution Amending the Fiscal Year 2022/23 City Budget to Allow for the Implementation of the CalHOME Program (Hamilton)
PUBLIC HEARING - Section 2

2.1 Consideration and Adoption of a City Council Resolution Related to Hearing Protests of any Affected Property Owners and Authorize the City Administrator to Execute Necessary Documents (2023 Weed Abatement) (Gaumnitz)
DEFERRED BUSINESS – Section3

3.1 Discussion and Direction Regarding the Use of American Rescue Plan Act Funds (Rogers)
NEW BUSINESS – Section 4

4.1 Consideration and Adoption of a City Council Resolution Rejecting a Bid for the HOME Services RFP Published on April 1, 2023; and
Consideration and Adoption of a City Council Resolution, Approving a Subrecipient Agreement with Self-Help Enterprises to Implement: 1) the City’s 2018 HOME Program; and, 2) 2019 HOME Program and Program Income Program, Authorizing the City Administrator to Execute both Agreements; and
Consideration and Adoption of a City Council Resolution Amending the Fiscal Year 2022/23 City Budget to Create Special Funds for the 18-HOME and Program Income Programs (Hamilton)

ADJOURNMENT
I, Joann McClendon, CMC, City Clerk, do hereby declare under penalty of perjury that the foregoing agenda was posted at Chowchilla City Hall, 130 S Second Street, Chowchilla, CA and made available for public review on this 26th day of May, 2023 at or before 4:00 p.m.

Joann McClendon, CMC, City Clerk
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REPORT TO THE CITY COUNCIL
Item 1.1

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TO RETURN TO

THE AGENDA
Meeting of: May 30, 2023
AGENDA SECTION: Consent
SUBJECT: Resolution Accepting the Improvements and Authorizing Filing of the Notice of Completion for the New Beacon and Beacon Tower Project PREPARED BY: Noel Azevedo, Administrative Analyst
APPROVED BY: Jason Rogers, Public Works Director
ATTACHMENTS: Resolution

REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☐ RECOMMENDATION:

City Council adopt a resolution accepting the improvements and authorizing filing of the Notice of Completion for the New Beacon and Beacon Tower Project.

BACKGROUND:

In December 2021, the City applied for grant funding from the FAA totaling $236,867 for the construction of a New Beacon and Beacon Tower. There is an existing beacon tower but there is not an existing beacon on the top. The existing beacon tower is too short to allow the beacon beam proper clearance of nearby power poles. Chowchilla Municipal Airport has a runway lighting system and to meet FAA standards it is required to have a beacon. The installation of the new airport rotating beacon on a new beacon tower will improve the safety of operations on the Airport and bring the airport in conformance with FAA standards.

The Federal Aviation Administration (FAA) will fund 90% of the project through an Airport Improvement Program (AIP) grant.

On July 10, 2022, the FAA informed the City that they would be awarding an AIP Grant for the construction of the project in the amount of $236,867. On July 22, 2022, City Council approved a resolution accepting the AIP Grant from the FAA.

REASON FOR RECOMMENDATION:

The Contractor, Vellutini Corporation dba Royal Electric Company, has completed the work required for the Project. The City’s Public Works Department has inspected the improvements required by the Project and all of the improvements have been completed. The City must accept the improvements and file the Notice of Completion in order to closeout the Project.

FISCAL IMPACT:

The Project is funded with Federal Aviation Administration AIP Grant and Caltrans Aeronautics Matching Grant. The approved construction contract was in the amount of $263,185, and City Council approved a total construction budget of $263,185 for all engineering, inspection and construction costs. The final construction cost for the Project was $228,618.11. Tabulated below are the funding and costs related to the project.

WORK DESCRIPTION CONTRACT AMOUNT
Original Construction Costs $185,185.00
Original Engineering Costs $ 78,000.00
Total Funding Amount $ 263,185 .00
• Final Construction Cost $ 185,185.00
• Final Engineering Cost $ 43,433.11
Total Project Costs $ 228,618.11
ALTERNATIVES:

None.

ACTIONS FOLLOWING APPROVAL:

1. Filing of Notice of Completion with Madera County Recorder.

2. Release of 5% retention in the amount of $9,259.25 to Vellutini Corporation dba Royal Electric Company.

COUNCIL RESOLUTION # -23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA

ACCEPTING IMPROVEMENTS AND AUTHORIZING FILING OF THE NOTICE OF COMPLETION

FOR THE NEW BEACON AND BEACON TOWER PROJECT
WHEREAS, Vellutini Corporation dba Royal Electric Company, has completed the work for the New Beacon and Beacon Tower Project; and
WHEREAS, the City’s Public Works Inspector has inspected the improvements required by the City and all improvements required by the City have been completed; and WHEREAS, the Director of Public Works recommends acceptance of the New Beacon and Beacon Tower Project and requests City Council to authorize the Director of Public Works to record the Notice of Completion for the Project.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Chowchilla hereby finds and determines the following:

1. The above recitals are true and correct.

2. The City Council accepts the New Beacon and Beacon Tower Project.

3. The Director of Public Works is authorized to record the Notice of Completion.

4. The Finance Department is authorized to release retention to Vellutini Corporation dba Royal Electric Company.

5. This resolution is effective immediately upon adoption.

PASSED AND ADOPTED by the City Council of the City of Chowchilla this 30th day of May, 2023 by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

Ray Barragan, Mayor
ATTEST:

Joann McClendon, CMC
City Clerk

REPORT TO THE CITY COUNCIL
Item 1.2

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THE AGENDA
Meeting of: May 30, 2023
AGENDA SECTION: Consent
SUBJECT: Adoption of a Resolution Authorizing the City Administrator or Designee to Amend the Fiscal Year 2022/23 City Budget to Allow for the Implementation of the CalHOME Program
PREPARED BY: Mark Hamilton, Director of Community and Economic Development ATTACHMENTS: Resolution

REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☐ RECOMMENDATION:

That City Council approve a resolution to amend the City of Chowchilla Fiscal Year (FY) 2022/23 Budget.

BACKGROUND:

The City Council recently approved Council resolution #33-23 amending the Fiscal Year 2022/23 City Budget on May 9, 2023. However, the resolution did not reference the Special Fund needing to be created within the City Budget. Additionally, Council recently approved the Subrecipient Agreement and Reuse Account with Self Help Enterprises for the implementation of the program within the community.

The City was awarded the CalHOME Grant from the California Department of Housing and Community Development (HCD). The CalHOME grant was awarded to the City through a competitive application process based upon Self-Help Enterprises (Self-Help) capacity. Due to the City partnering with Self-Help to implement the program within the City, HCD requires the local jurisdiction to execute a Subrecipient Agreement with the vendor; and, a Reuse Account and Loan Servicing Monitoring Agreement with HCD prior to being able to expend grants funds.

REASON FOR RECOMMENDATION:

The Budget Amendment is required to allow the Finance Department to include the grant amount into the budget and have the ability to process invoices and receive reimbursements.

FISCAL IMPACT:

None. Funds will come out of the grant or program income received.

ALTERNATIVES:

Not to approve the budget adjustment
ACTIONS FOLLOWING APPROVAL:

The resolution and budget amendments will be sent to the Finance Department for inclusion into the FY 22/23 Budget.

COUNCIL RESOLUTION # -23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA AMENDING THE FISCAL YEAR 2022/23 CITY BUDGET TO ALLOW FOR THE IMPLEMENTATION

OF THE CALHOME PROGRAM
WHEREAS, on June 28, 2022, the Chowchilla City Council adopted fiscal year 2022-2023 Operating and Capital Budget with Resolution #52-21; and, WHEREAS, per Resolution #70-16, Item #5 and Item #6 states, authority to increase appropriations within a fund by an amount not to exceed $50,000 shall rest with the City Administrator and Authority to transfer appropriations between funds will be represented by resolutions duly approved by the City Council; and
WHEREAS, a new Special Fund is created to allow for Revenues and Expenditures for the CalHOME Program exceeding $50,000, which requires City Council approval; and WHEREAS, Expenditure and Revenue accounts will need to be created within a Special Revenue Fund No. 460 in the amount of $700,000 to allow for the financial implementation of the CalHOME Program; and
WHEREAS, the budget adjustment will allow for adequate funds to be allocated in described above referenced special fund to allow for said increase of appropriations.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chowchilla hereby finds, determines and declares the following:

1. The above recitals are true and correct.

2. Authorizes the City Administrator or designee to execute all documents necessary to complete the service on behalf of the City of Chowchilla.

3. The Finance Director is authorized to make such other revisions, individual appropriation line-items, changes in summaries, fund totals, grand totals, and other portions of the budget document as necessary to reflect and implement the changes specified in this resolution.

4. This resolution is effective immediately upon adoption.

PASSED AND ADOPTED by the City Council of the City of Chowchilla this 30th day of May, 2023 by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

Mayor Ray Barragan
ATTEST:

Joann McClendon, CMC
City Clerk

REPORT TO THE CITY COUNCIL
Item 2.1

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THE AGENDA
Meeting of: May 30, 2023
AGENDA SECTION: Public Hearing
SUBJECT: Consideration of Abatement Notice Objections or Protests from Affected Property Owners and a Council Resolution Authorizing the City Administrator to Execute Necessary Documents
PREPARED BY: Fred Gaumnitz, Fire Chief
ATTACHMENTS: Council Resolution Authorizing City Administrator and/or his Designee to Execute Appropriate Documents and Sample Weed Abatement Letter

REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☐ RECOMMENDATION:

That the City Council hear any protests from affected property owners and authorize City Administrator and/or his designee to execute necessary documents.

BACKGROUND:

Whenever weeds grow upon the street or sidewalk or upon or in front of private property that is injurious to the public health, or is indecent or offensive to the senses, or endangers the public safety by creating a fire menace, or are otherwise noxious or dangerous, this public nuisance requires abatement, pursuant to Chowchilla Municipal Code Chapters 8.02, Property Maintenance and 8.12, Weeds.

With Council’s previous authorization by Resolution No. 16-23, the annual weed abatement program is being implemented in accordance with the process outlined in the Municipal Code. The purpose of this program is to identify the existence and abatement of this type of public nuisance.

REASON FOR RECOMMENDATION:

City Council authorized annual weed abatement program on March 14, 2023. Properties within the city limits were inspected during the month of March and a Notice of Corrective Action was sent to owners of record on April 13, 2023 and properties posted per the municipal code. A list of non-compliant properties was provided to the Fire Department to coordinate abatement with contractor.

FISCAL IMPACT:

Abatement of non-compliant properties will be selected by staff to a specific contractor. The total contract amount will be reduced based on property owner abatements prior to the contractor abating the properties.

It should be noted Any owner of property, upon which property a public nuisance has been declared to exist pursuant to Sections 8.12.010 through 8.12.040 who fails to abate such nuisance within ten days after the date of conclusion of the hearing with respect to such property, as provided in Section 8.12.040 shall be responsible for remitting the citation fee of $100.00 plus the bid amount for that property if contractor abates the property. Community Development staff anticipates the properties needing abatement by the City will reduce prior to arrival of City approved Contractor for abatement.

ALTERNATIVES:

Not perform annual weed abatement, notices and abatement of non-compliant properties.

ACTIONS FOLLOWING APPROVAL:

Consistent with past practices, the Finance Department will issue billings to these property owners. Should delinquency occur, a property lien will be filed.

COUNCIL RESOLUTION # -23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA

RELATED TO HEARING PROTESTS OF ANY AFFECTED PROPERTY OWNERS AND

AUTHORIZE THE CITY ADMINSTRATOR TO EXECUTE NECESSARY DOCUMENTS (2023 WEED ABATEMENT PROGRAM)
WHEREAS, whenever weeds grow that are injurious to the public health, or is indecent or offensive to the senses, or endangers the public safety by creating a fire menace, or are otherwise noxious or dangerous, this public nuisance requires abatement; and WHEREAS, it is the desire of the City Council to effect timely removal of all weeds so described through the City’s Weed Abatement Program, and in manner provided by law; and WHEREAS, on March 14, 2023, the City Council authorized the annual weed abatement program with the passage of Resolution # 16-23; and
WHEREAS, a Notice of Correction was issued to non-conforming properties and if abatement does not occur during time frame prescribed, the City may choose to follow Chowchilla Municipal Code Chapter 8.02, Property Maintenance & Chapter 8.12; and WHEREAS, properties were inspected and non-compliant properties posted per municipal code on March 29, 2022; and
WHEREAS, no property owner appealed the posting of their property, pursuant to Chowchilla Municipal Code Section 8.02.070, Procedures for abatement of unlawful conditions; and
WHEREAS, the Code Enforcement Officer provided a list of non-compliant properties to the Fire Department to coordinate abatement with contractor; and WHEREAS, the Council heard this matter, received a staff report, received public testimony and deliberated on May 30, 2023.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chowchilla hereby finds, determines and declares the following:

1. The above recitals are true and correct;

2. Authorize the City Administrator and/or his designee to execute the appropriate documents associated with this action; and

3. This resolution is effective immediately upon adoption.

PASSED AND ADOPTED by the City Council of the City of Chowchilla this 30th day of May, 2023 by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

Mayor Ray Barragan
ATTEST:

Joann McClendon, CMC
City Clerk

REPORT TO THE CITY COUNCIL
Item 3.1

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TO RETURN TO

THE AGENDA
Meeting of: May 30, 2023
AGENDA SECTION: Deferred Business
SUBJECT: Discussion and Direction Regarding the Use of American Rescue Plan Act Funds
PREPARED BY: Rod Pruett, City Administrator
ATTACHMENTS: City Engineer Memo

REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☐ RECOMMENDATION:

The City Council give direction on the best use of the American Rescue Plan Act (ARPA) funds.

BACKGROUND:

On March 11, 2021 President Biden signed the American Rescue Plan Act on 2021 (ARPA), which contains $1.9 trillion in overall national spending to support relief and economic recovery efforts. Of the $1.9 trillion, $130.2 billion is to go to local governments. $65.1 billion to counties, $45.6 billion to cities with population of 50,000 or greater and $19.5 billion to municipalities with a population less than 50,000.

Municipalities with a population less than 50,000 will receive their funding from their state and all the others receive their funding directly from the federal government. Chowchilla’s allocation is $4.38 million.

Eligible uses of the funds include the following categories:
• Respond to the COVID-19 emergency and address its economic effects, including through aid to households, small businesses, nonprofits, and impacted industries such as tourism and hospitality.
• Provide premium pay to essential employees of state or local governments or make grants to the employers of essential employees.
• Provide government services to the extent of any revenue reduction resulting from COVID-19. • Make investments in water, sewer and broadband infrastructure.

Other requirements are as follows:
• Cities have until December 31, 2024 to obligate funds and until December 31, 2026 to spend the funds.
• State and local governments cannot use the funds to make pension payments. • States cannot use the funds to offset revenue losses resulting from any tax cut, tax delay or tax rebate enacted after March 3, 2021.
• State and local governments may transfer funds to private nonprofit groups, public benefit corporations involved in passenger or cargo transportation, and special-purpose units of state or local governments.
• State and local governments must provide periodic reports to the Secretary of the Treasury giving a detailed accounting of the uses of funds and, in the cases of states, all modifications to the states' tax revenue sources.

In November 2021, staff provided some draft engineer estimates on a few projects that would be a good use of the funds. They are as follows:

Description Draft Estimate Notes
New Water Well $1,750,000
Water Tank #3 $2,500,000 1.5 million gallon tank
Water Stub Outs over Berenda
Slough $850,000 Approx. 1,200 lineal ft to cross over the Berenda Slough Employee Essential Pay
Premium $245,000 Already Paid
Total $5,345,000
At the meeting, staff received direction to focus ARPA funds towards essential pay premium, a new water well and water storage tank. Additionally, if any other options became available, to bring back to Council for discussion and direction.

On April 25, 2023, staff presented revised project scopes and estimates to receive direction on whether to continue with the prior direction received from Council or to shift funding to alternative projects and provided the following revised comparison and available funds:

Description Draft Estimate Notes
Well #16 $1,750,000 Est. appears in line with recent
bid results. Includes PE/PM
Water Tank #3 $1,750,000
Tank #3 reduced in size to be
similar to current tanks. Needs
PG&E as well
Water Stub Outs over Berenda
Slough $1,560,000
Chowchilla Blvd from Ave 24 ½
to Ave 24, on Ave 24 from
Chowchilla Blvd to SR 99,
approx. 1.39 miles. Includes
PE/PM
Total $5,060,000
ARPA Funds $4,380,000
Well #15 $400,000 Allocated
Employee Essential Pay
Premium $245,000 Already Paid
Total Funds Available $3,735,000
Staff was directed to bring the discussion back to Council for reconsideration and additional discussion related to the City’s water system.

REASON FOR RECOMMENDATION:

The City currently has six wells, with one well (5A) that is currently offline for repairs due to breaks in the casing. The City has also contracted recently for a new well to be drilled in the coming months. Additionally, the City has two water storage tanks, each with a capacity of 750,000 gallons and two pressure sustaining valves at the two mains that connect the east side and west sides of the system together to hold the pressure on the east side. As such, this report focuses on current existing conditions and is excluding Well 5A and the new well to be drilled. Overall, the system currently has an active capacity of 5,700 gallons per minute (gpm) and 3,700 gpm without it’s biggest producing well. On average, the system produces 930 million gallons (MG) of water per year. The highest production month is typically June with an average production of 120 MG and the lowest production month is typically January with an average production of 43 MG.

The City currently serves 4,114 connections with an average day demand of 1,770 gpm and maximum day demand of 3,645 gpm. California Waterworks Standards for meeting Maximum Day Demand require that the system be assessed with the largest source offline. As such, at the 3,700 gpm stated above, the City currently meets the standard to meet Maximum Day Demand.

The City, through approved tentative subdivision maps, currently has 1,283 additional services committed to current or future development, which includes:

Development Total Connections Current Status
Legacy 609 Has approved tentative map
Montgomery Farms 91 71 Built, Self Help Enterprises to build 20 Oleander Terrace 28 8 Built
Rancho Calera 180 Has approved tentative map
Sessions 200 Has approved tentative map
Woodcrest 175 Has approved tentative map
If all of the above developments were to be fully built out over the next year, the City would serve 5,397 connections with an average day demand of 2,320 gpm and maximum day demand of 4,782 gpm. As such, the City would not meet the California Waterworks Standards for meeting Maximum Day Demand.

However, as stated above, Well 5A is currently being rehabilitated due to two breaks in the casing 300 feet and lower and a new well is being constructed. If future Well 15 can produce at least 1,200 gpm and Well 5A produces at 500 gpm or more, then the City will have additional capacity and redundancy and could serve another 575 homes beyond what is already existing and committed. Overall, the system will have an active capacity of 7,300 gpm and 5,300 gpm without its biggest producing well.

Potential Water System Risks
• Mechanical Failures – With proper maintenance, the useful life of a well is typically 30-50 years.

There are many components that may need to be replaced during that time, such as the pump, motor, bearings, pump shaft, gravel pack, casing repairs, etc. • Groundwater Quality – Over time, groundwater characteristics can change, depending on the natural flow of the aquifer, pollutants used in the area, amount pumped, wet/dry years, specific strata of materials, etc.
• Groundwater Quantity – Similar to above, groundwater availability can change over time, depending on natural flow of the aquifer, amount pumped, other wells in the area, wet/dry years, subsidence, etc.
• Subsidence - the lowering of the land-surface elevation from changes that take place underground, which can cause damage to aquifers and result in damage to wells, such as well casing failures. • Power Failures – Currently, Well 1A/Storage Tank 1 and Storage Tank 2 do not have backup generators in case of power failure at those sites. Design has been completed and staff is requesting funding for the generators in the upcoming FY 2023/24 Budget.

The City is currently moving forward with well 15 and repairs to well 5A. Based upon a comprehensive review of the water system and recent developments to Well 5A, it is recommended to use some of the ARPA funds to move forward with another well (Well 16) near Rancho Calera. Additional storage is beneficial and can provide flexibility in operations/delivery of water but another reliable source is the more critical component to provide redundancy as the existing wells age and, over time, decrease in capacity.

At an estimated cost of $1,750,000 for a new well, approximately $1,985,000 of ARPA funds would still be available for construction of another water storage tank or water stub outs over the Berenda Slough.

FISCAL IMPACT:

The impacts will vary depending on direction given.

ALTERNATIVES:

Bring back more options for the council to choose from.

ACTIONS FOLLOWING APPROVAL:

Incorporate direction given by Council into the FY 23/24 and subsequent budgets.

MEMO
2816 Park Avenue ⬥ Merced, California 95348 ⬥ Tel (209) 723-2066 ⬥ Fax (559) 733-7821 www.qkinc.com
Date: May 30,2023 Project No.: 220225
To: Chowchilla City Council
From: Spencer Supinger, P.E.

Subject: City of Chowchilla Water System
Water System Sources
The City has five active wells and one well (Well 5A) that is currently offline due to breaks in the casing. There have been recent attempts to repair the Well 5A casing and still being evaluated for repairability. If it can be repaired, it is expected to have a reduced capacity of approximately 500 gpm. The City has also contracted recently for a new well (Well 15) to be drilled in the coming months. The table below shows the capacity, age, and pump setting for each well.

Well Well 1A Well 3 Well 5A Well 10 Well 11 Well 14 Well 15 Capacity (gpm) 2,000 500 Offline/500? 1,000 700 1,400 1,200/TBD Year Installed 2018 1967 2006 1990 1996 2013 2023
Pump Setting 500 ft 480 ft 460 ft 415 ft 500 ft 370 ft TBD The California Waterworks Standards require that a system meets Maximum Day Demand with the largest source offline. For Chowchilla, the largest well is Well 1A at 2,000 gpm.

Current active capacity = 5,700 gpm
Current capacity with largest source offline = 3,700 gpm Proposed active capacity = 7,300 gpm
Proposed capacity with largest source offline = 5,300 gpm Water System Storage & Pump Stations
The City has two water storage tanks each with a capacity of 750,000 gallons. A fire flow volume is set aside in each tank, leaving 510,000 gallons of available storage for domestic use.

Each storage tank is accompanied by a triplex booster pump station, each capable of supplying approx. 2,025 gpm (with two pumps running, third pump is for stand-by).

Tank Capacity
Tank No. 1 (Gal) 510,000
Tank No. 2 (Gal) 510,000
Total Gallons 1,020,000
City of Chowchilla Water System Components
MEMO PAGE 2 OF 3
L:\Contract Cities\Chowchilla\Master Plan Docs\Water\Water System Memo for Council-May 2023.docx 6051 North Fresno Street, Suite 200  Fresno, California 93710  Tel (559) 449-2400  Fax (559) 435-2905 www.qkinc.com
Pressure Sustaining Valves
There are two mains that connect the east side and west sides of the system together.

Historically, the east side exhibited lower system pressure due to the difference in elevation between the east and west sides. In 2018, a pressure sustaining valve was installed on each of these mains to hold the pressure on the east side.

Water System Demands
The following is a summary of the existing and proposed system demands.

Existing
Total Number of Connections: 4,114 connections
Average Day Demand: 1,770 GPM
Maximum Day Demand: 3,645 GPM → Meets California Waterworks Standards Peak Hour: 5,472 GPM
Proposed
The City has 4,114 existing service connections and 1,283 additional services committed to current or future development, which includes 180 units for Rancho Calera.

Total Number of Connections: 5,397 connections (includes the proposed 1,283 connections) Average Day Demand: 2,320 GPM
Maximum Day Demand: 4,782 GPM
Peak Hour: 7,178 GPM
The proposed Maximum Day Demand is greater than the existing system capacity with the largest source offline. However, if future Well 15 can produce at least 1,200 gpm and Well 5A can be brought back online at 500 gpm or more, then the City would be in compliance and could serve another 575 homes, beyond what is already committed.

Water Quality
The City has been fortunate, over the years, to have good quality water that does not require treatment beyond simple chlorination. Common constituents that affect other valley water suppliers are Nitrates, Arsenic, 1,2,3-TCP, Iron, Manganese, and Fluoride. The City’s recent water quality tests show results under the Maximum Contaminant Level (MCL) set by the state or are Non-Detects, meaning the levels are below the measurable limits of the laboratory. Is should be noted however, that water quality can change over time which may require replacing the well, blending with another good quality source, or treatment. Treatment is typically the least preferred option due to the high initial costs of the equipment, but more so, the ongoing costs of the treatment equipment, media, disposal, and special operator’s license.

MEMO PAGE 3 OF 3
L:\Contract Cities\Chowchilla\Master Plan Docs\Water\Water System Memo for Council-May 2023.docx 6051 North Fresno Street, Suite 200  Fresno, California 93710  Tel (559) 449-2400  Fax (559) 435-2905 www.qkinc.com
Potential Water System Risks
• Mechanical Failures – With proper maintenance, the useful life of a well is typically 30- 50 years. There are many components that may need to be replaced during that time, such as the pump, motor, bearings, pump shaft, gravel pack, casing repairs, etc. • Groundwater Quality – Over time, groundwater characteristics can change, depending on the natural flow of the aquifer, pollutants used in the area, amount pumped, wet/dry years, specific strata of materials, etc.
• Groundwater Quantity – Similar to above, groundwater availability can change over time, depending on natural flow of the aquifer, amount pumped, other wells in the area, wet/dry years, subsidence, etc.
• Subsidence – Pumping over time, can influence the strata near the well. It has been an issue in some areas, where significant depletion of the aquifer has caused a measurable drop in the elevation of the ground surface. This can cause mechanical failures, changes in water quality, and reduced well capacity.
• Loss of Power – Electricity is required to run the well pumps and booter stations. All well sites except for Well 1A are equipped with a backup generator. Neither of the booster stations are equipped with a generator. In the event of a power outage in the area of Tank/Booster Station #2, low pressure on the east side of HWY 99 may occur.

Recommendations
The City is currently moving forward with well 15 and repairs to well 5. It is recommended to also move forward with another well (Well 16) near Rancho Calera. Additional storage is beneficial and can provide flexibility in operations/delivery of water but another reliable source is the more critical component to provide redundancy as the existing wells age and, over time, decrease in capacity.

SAS

REPORT TO THE CITY COUNCIL
Item 4.1

CLICK HERE

TO RETURN TO

THE AGENDA
Meeting of: May 30, 2023
AGENDA SECTION: New Business
SUBJECT:

PREPARED BY:

ATTACHMENTS:

Consideration and Adoption of a City Council Resolution Rejecting a Bid for the HOME Services RFP published on April 1, 2023
Consideration and Adoption of a City Council Resolution Approving a Subrecipient Agreement with Self Help Enterprises to Implement the City’s 2018 HOME Program, 2019 HOME and Program Income Program, Authorizing the City Administrator to Execute both Agreements Consideration and Adoption of a City Council Resolution Amending the Fiscal Year 2022/23 City Budget to Create Special Funds for the 18-HOME and Program Income Programs
Mark Hamilton, Community & Economic Development Director Resolution Rejecting all Bids received from the HOME Program Resolution for Subrecipient Agreement 18–Home-12587
Resolution for Subrecipient Agreement 19–Home–14964 and Program Income Resolution for the Budget Adjustment
Draft Subrecipient Agreement for 18–Home-12587 Program
Draft Subrecipient Agreement for 19–Home–14964 Program

REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☐ RECOMMENDATION:

Staff recommends that the City Council adopt a resolution rejecting all bids received related to the HOME Services RFP published on April 1, 2023. Additionally, staff recommends the adoption of multiple resolutions approving Subrecipient Agreements with Self-Help Enterprises for the implementation of the City’s HOME Programs. The resolutions would be for the 18-HOME-12587, the 19-HOME-14964 and Program Income, and authorizing the City Administrator to execute both agreements.

BACKGROUND:

On April 1, 2023, the City of Chowchilla published a notice inviting bids for HOME Investment Partnerships Program (HOME), related HOME Program Consulting Services. Submitted proposals were for the implementation of HOME Grant Services to assist the City with the implementation of two (2) separate grants with funding from the HOME Investment Partnerships Program (HOME) and the remaining HOME program income balance.

In 2022, the City of Chowchilla’s Community and Economic Development Department was informed that the previous HOME Services agreement with Self-Help Enterprises had expired and the City would need to publish a Request for Proposal (RFP) to solicit the services of a new Home Services provider. Staff began drafting a new proposal and began with our HCD HOME Services Representative to ensure the RFP was drafted in accordance with current HCD Program Rules and Regulations. Once the RFP was drafted to HCD’s satisfaction, HCD requested for staff to begin drafting a Cost Benefit Analysis to ensure the proposals received would be reasonable with cost of other similar communities within the area. In working with HCD to complete these items to their satisfaction took over 6 months to complete.

Upon the conclusion, HCD informed City Staff we would be able to publish the RFP and begin receiving proposals. Staff reached out to multiple service providers within the valley. Staff published the RFP on the City’s website, on various City social media outlets, and emailed various companies within the area.

Staff only received one response, with the response being from Self-Help Enterprises.

Due to the City receiving only one response, the City was concerned HCD would require the City to republish the RFP. Due the timing required to republish the proposal, staff reached out to HCD on May 17, 2023 inquiring if the City could enter into a subrecipient agreement instead. HCD stated that in an effort to save time, the City would be able to enter into a sub-recipient agreement with Self-Help Enterprises. By rejecting the bids and entering into Subrecipient Agreements for the implementation of these programs, the City and Self-Help Enterprises will be able to begin the implementation of these programs immediately within the community.

REASON FOR RECOMMENDATION:

The RFP closed April 28, 2023, with the City only receiving one proposal. The proposal staff received was from Self-Help Enterprises.

Per HCD’s HOME program guidelines, the Subrecipient Agreements are required to be approved by the participating jurisdiction. The Subrecipient Agreement is required by HCD because the City is choosing to not republish the RFP, streamline the implementation of various HOME Program, and were Self-Help Enterprises was the only applicant offering to assist with the implementation and administer the program within the community.

FISCAL IMPACT:

Revenues are being added to offset the expenditures.

ALTERNATIVES:

City Council may require staff to re-publish the proposal.

ACTIONS FOLLOWING APPROVAL:

1. Execution of Agreements with SHE

2. Ensure Budget Adjustment is Processed

3. Implementation of the HOME Program within the community COUNCIL RESOLUTION # -23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA

REJECTING A BID FOR THE HOME SERVICES PROGRAM
WHEREAS, the City has adopted the FY 2022/2023 Community and Economic Development Department Budget which included funding for the implementation of various HOME funded programs; and
WHEREAS, the HOME Services Program ("Program"), provides funding to assist with funding for eligible Households seeking assistance either through the First Time Home Buyer Program or the Home Owner Occupied Rehabilitation Program; and
WHEREAS, on May 1, 2022, sealed bids for the Project were publicly opened and examined; and WHEREAS, the Public Contract Code section 22038 requires the City award a contract to the lowest responsible bidder submitting a responsive bid or reject all bids received; and WHEREAS, staff only received one bid to provide services for this program; and WHEREAS, staff recommends that the City Council reject the bid received on April 28, 2023 for the Project as non-responsive.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Chowchilla hereby finds, determines and declares the following:

1. The above recitals are true and correct.

2. The sole bid received on April 28, 2023 for the HOME Services Program is rejected.

3. With the rejection of the Bid, Council may consider a Subrecipient Agreement with SelfHelp Enterprises for the implementation of the HOME Program Services within the Community.

4. This resolution takes effect immediately upon adoption.

PASSED AND ADOPTED by the City Council of the City of Chowchilla this 30th day of May, 2023, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

Mayor Ray Barragan
ATTEST:

Joann McClendon, CMC
City Clerk
COUNCIL RESOLUTION # -23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA

APPROVING A SUBRECIPIENT AGREEMENT WITH SELF HELP ENTERPRISES TO IMPLEMENT THE CITY’S 2018 HOME (18-HOME-12587) PROGRAM, AUTHORIZING THE CITY

ADMINISTRATOR TO EXECUTE BOTH AGREEMENTS
WHEREAS, the City will be executing a Subrecipient Agreement utilizing the services of Self-Help Enterprises (Subrecipient) to provide services associated with the implementation of grant funds to the residents within the community for the City’s 18-HOME Program, with the Subrecipient providing services, including: administrative and activity delivery costs; and, WHEREAS, the Subrecipient does have a contract with the City. The Subrecipient will be assisting City Staff with the implementation of the 18-HOME program offering financial assistance to eligible First Time Homebuyers and a combination of financial and activity delivery assistance to eligible homeowners for the Owner-Occupied Rehabilitation program; and,
WHEREAS, the Subrecipient Agreement with the City is being considered after Self Help Enterprises assisted the City with securing the Grant from the California Department of Housing and Community Development; and,

WHEREAS, staff’s belief is that the Subrecipient’s knowledge and ability to assist the City with its First Time Homebuyer and Owner-Occupied Rehabilitation Programs, and as such, staff recommends that the Council award the agreement to assists the City with the implementation of its 18-HOME Program; and WHEREAS, a scope of services for the provision of activity delivery tasks is outlined in the Subrecipient Agreement; and
WHEREAS, compensation for the performance of activity delivery services will be funded from Grant and Program Income Funds, which are derived from the grant itself and the payment of interest and principal payments from the execution and implementation of new loans.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chowchilla hereby finds, determines and declares the following:

Section 1. The foregoing recitals are true and correct and are a substantive part of this Resolution.

Section 2. The City Council hereby approves the Subrecipient Agreement with the Subrecipient (Self-Help Enterprises), and authorizes the City Administrator to execute same on behalf of the City.

PASSED AND ADOPTED by the City Council of the City of Chowchilla this 30th day of May, 2023 by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

Mayor Ray Barragan
ATTEST:

Joann McClendon, CMC
City Clerk
COUNCIL RESOLUTION # -23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA

APPROVING A SUBRECIPIENT AGREEMENT WITH SELF HELP ENTERPRISES TO IMPLEMENT THE CITY’S 2019 HOME (19-HOME-14964) AND PROGRAM INCOME PROGRAM,

AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE BOTH AGREEMENTS WHEREAS, the City will be executing a Subrecipient Agreement utilizing the services of Self-Help Enterprises (Subrecipient) to provide services associated with the implementation of grant funds to the residents within the community for the City’s 19-HOME and receipted HOME Program Income Program, with the Subrecipient providing services, including: administrative and activity delivery costs; and, WHEREAS, the Subrecipient does have a contract with the City. The Subrecipient will be assisting City Staff with the implementation of the 19-HOME program offering financial assistance to eligible First Time Homebuyers and a combination of financial and activity delivery assistance to eligible homeowners for the Owner-Occupied Rehabilitation program; and,
WHEREAS, the Subrecipient Agreement with the City is being considered after Self Help Enterprises assisted the City with securing the Grant from the California Department of Housing and Community Development; and,

WHEREAS, staff’s belief is that the Subrecipient’s knowledge and ability to assist the City with its First Time Homebuyer and Owner-Occupied Rehabilitation Programs, and as such, staff recommends that the Council award the agreement to assists the City with the implementation of its 19-HOME Program; and WHEREAS, a scope of services for the provision of activity delivery tasks is outlined in the Subrecipient Agreement; and
WHEREAS, compensation for the performance of activity delivery services will be funded from Grant and Program Income Funds, which are derived from the grant itself and the payment of interest and principal payments from the execution and implementation of new loans.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chowchilla hereby finds, determines and declares the following:

Section 1. The foregoing recitals are true and correct and are a substantive part of this Resolution.

Section 2. The City Council hereby approves the Subrecipient Agreement with the Subrecipient (Self-Help Enterprises), and authorizes the City Administrator to execute same on behalf of the City.

PASSED AND ADOPTED by the City Council of the City of Chowchilla this 30th day of May, 2023 by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

Mayor Ray Barragan
ATTEST:

Joann McClendon, CMC
City Clerk
COUNCIL RESOLUTION # -23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA AMENDING THE FISCAL YEAR 2022/23 CITY BUDGET TO CREATE SPECIAL FUNDS FOR THE 18-

HOME AND PROGRAM INCOME PROGRAMS
WHEREAS, on June 28, 2022, the Chowchilla City Council adopted fiscal year 2022-2023 Operating and Capital Budget with Resolution #52-21; and, WHEREAS, per Resolution #70-16, Item #5 and Item #6 states, authority to increase appropriations within a fund by an amount not to exceed $50,000 shall rest with the City Administrator and Authority to transfer appropriations between funds will be represented by resolutions duly approved by the City Council; and,
WHEREAS, a new Special Fund is created to allow for Revenues and Expenditures for the 18- HOME and 19-HOME with Program Income Programs Program exceeding $50,000, which requires City Council approval, and
WHEREAS, Expenditure and Revenue accounts will need to be created within a Special Revenue Fund in the amount of $500,000.00 for the 18-HOME (18-HOME-12587) Program to allow for the financial implementation of the HOME Program, and
WHEREAS, the budget adjustment will allow for adequate funds to be allocated in described above referenced special fund(s) to allow for said increase of appropriations.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chowchilla hereby finds, determines and declares the following:

1. The above recitals are true and correct.

2. Authorizes the City Administrator or designee to execute all documents necessary to complete the service on behalf of the City of Chowchilla.

3. The Finance Director is authorized to make such other revisions, individual appropriation line-items, changes in summaries, fund totals, grand totals, and other portions of the budget document as necessary to reflect and implement the changes specified in this resolution.

4. This resolution is effective immediately upon adoption.

PASSED AND ADOPTED by the City Council of the City of Chowchilla this 30th day of May, 2023 by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

Mayor Ray Barragan
ATTEST:

Joann McClendon, CMC

CITY OF CHOWCHILLA
2018-HOME-12587 SUBRECIPIENT AGREEMENT

FIRST-TIME HOMEBUYER ASSISTANCE PROGRAM &

OWNER-OCCUPIED REHBAILIATION PROGRAM
THIS AGREEMENT, entered this day of May, 2023 by and between the City of Chowchilla, California, a municipal corporation, (GRANTEE) and Self-Help Enterprises (SUBRECIPIENT).

WHEREAS, HCD is authorized to allocate HOME Investment Partnership Program, hereinafter “HOME” funds, made available from HUD as authorized under Title II of the Cranston-Gonzalez National Affordability Housing Act of 1990 as set forth in Title 24 of the Code of Federal Regulations, part 92, and in Title 25 of the California Code of Regulations commencing with Section 8200.; and WHEREAS, GRANTEE is a recipient of HOME funding for use in funding eligible activities furthering established state objectives to benefit its low and moderate income residents as defined in the Regulations; and WHEREAS, GRANTEE in accordance with its 2016-2024 Housing Element, desires to provide HOME funds to SUBRECIPIENT, for activities and services, as more fully described in Exhibit A, Scope of Services, upon the terms and conditions in this Agreement; and
WHEREAS, pursuant to City Resolution No. 73-18, the City Administrator is authorized to execute HOME Agreement, on behalf of GRANTEE, that are within available allocated HOME funding and in a standard form approved by the City Attorney.

NOW, THEREFORE, it is agreed between the parties hereto that:

1. TERM
The term of this Agreement shall commence on May 30, 2023, unless terminated earlier pursuant to the terms of this Agreement, shall continue until for five (5) years. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which SUBRECIPIENT remains in control of HOME funds or other HOME assets, including Program Income.

2. SCOPE OF WORK
SUBRECIPIENT will be responsible for administering services in a manner satisfactory to GRANTEE and consistent with any standards required as a condition of providing these funds. GRANTEE will also perform the services set forth in Exhibit "A" entitled "Scope of Work" attached hereto and incorporated by reference herein and made a part hereof.

HOME Subrecipient May 2023 1
3 SUBRECIPIENT shall administer the Program for the whole of the term of the Agreement. SUBRECIPIENT shall administer the Program in compliance with the HOME requirements and in a manner that meets the HOME objective(s) of Chapter 6 (commencing with Section 50650) of Part 2 of Division 31, Health and Safety Code (HSC) and HOME statewide goals.

GRANTEE will monitor the performance of SUBRECIPIENT against goals and performance standards as stated above. Substandard performance as determined by GRANTEE will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by SUBRECIPIENT within a reasonable amount of time after being notified by GRANTEE, contract suspension or termination procedures will be initiated.

3. RECORDS AND REPORTS
On a quarterly basis, SUBRECIPIENT shall submit to GRANTEE, in a form acceptable to GRANTEE, a performance report summarizing the number of unduplicated persons served, including race, ethnicity, and income data. The performance report shall be submitted within thirty days of the close of each quarter.

SUBRECIPIENT shall ensure the HOME grant funds provided by GRANTEE are clearly identified as a subaward and include the following information:
• SUBRECIPIENT NAME: Self-Help Enterprises
• (DUNS): 056179906
• Unique ID: YWCPA31KBJY6
• State Award Identification Number:18-HOME-12587
• State Award Date: June 9, 2020
• Period of Performance: through February 2, 2023
• Funds Obligated by this Agreement: 243,750
• Funds Obligated to SUBRECIPIENT $500,000
• Total Amount of the Award: $487,500
• Award project description: See Exhibit A - Scope of Work • Name of awarding agency: CA Dept. of Housing and Community Development • Name of pass-through entity: City of Chowchilla, California Award Official Contact Information: See Section 18 - Notices
• CFDA Number: 14.239
• CFDA Name: HOME Investment Partnership Program
• HOME Program Identification of R&D: No
• Indirect cost rate for the Federal award: current rate, subject to change annually per U.S. Department of the Interior.

SUBRECIPIENT shall maintain all records required by the State regulations specified in Section 7721 of State regulations that are pertinent to the activities funded under this Agreement. Such records shall include but not be limited to:
a) A full description of each activity undertaken;
4 b) Records demonstrating each activity undertaken meets one of the State Objectives of the HOME program;
c) Records required to determine the eligibility of activities; d) Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with HOME assistance;
e) Records documenting compliance with the fair housing and equal opportunity components of the HOME program;
f) Financial records, and
g) Other records necessary to document compliance with the HOME program guidelines and regulations.

SUBRECIPIENT shall retain all project files, financial records, and any other documents related to the Program for a period of three years from the date of the close out of this Agreement, except in the following cases:
• If any litigation, claim, or audit is started before the expiration of the five year period, the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken.
• When the SUBRECIPIENT is notified in writing by the GRANTEE to extend the retention period.
• Records for real property and equipment acquired with Federal funds must be retained for three years after final disposition.

GRANTEE shall monitor and evaluate SUBRECIPIENT's performance underthis Agreement to determine compliance with this Agreement and HOME requirements. SUBRECIPIENT shall cooperate with GRANTEE and any federal or state auditors authorized by GRANTEE and shall make available all information, documents, and records reasonably requested and shall provide GRANTEE the reasonable right of access to both records and personnel during normal business hours for the purpose of assuring compliance with this Agreement and evaluating performance hereunder. The rights of access in this section are not limited to the required retention period but last as long as the records are retained.

4. METHOD OF PAYMENT
Grant funds shall be disbursed to reimburse SUBRECIPIENT in accordance with the Proposed Budget attached hereto as Exhibit "B'' and incorporated herein.

SUBRECIPIENT's source of compensation hereunder will be in the form of a grant of HOME funds as described herein and administrative funds provided by the City.

It is expressly agreed and understood that the total amount to be paid by GRANTEE under this Agreement shall not exceed Five Hundred Thousand Dollars ($500,000). SUBRECIPIENT shall submit to GRANTEE a request for payment, in a form acceptable to GRANTEE, on a monthly basis for the term of the Agreement. Said request shall be accompanied with supporting documentation, including but not limited to paid receipts, invoices and timesheets, to allow GRANTEE to determine compliance with applicable federal regulations, including cost allowability.
5 GRANTEE shall pay all approved requests for payment pursuant to this Agreement within the normal course of business, typically within forty-five days of receipt. If GRANTEE disallows any cost submitted by SUBRECIPIENT, within ten business days GRANTEE will provide written notification to SUBRECIPIENT of the disallowance, including any corrective action necessary to process payment.

All funds are paid contingent upon SUBRECIPIENT's continuous compliance with all applicable, uniform administrative requirements, program regulations, and recapture and reversion requirements set out in the Act. Any unearned or recaptured HOME funding shall be returned to GRANTEE within thirty days of the earlier of termination of this Agreement or notice by GRANTEE. Any interest earned or received by SUBRECIPIENT thereon shall be remitted to the GRANTEE.

An authorized official for SUBRECIPIENT must provide a signed certification with each request that states the following: "By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)."
SUBRECIPIENT understands and agrees the availability of HOME funds is subject to the control of HCD, or other state agencies and should the HOME funds be encumbered, withdrawn or otherwise made unavailable to GRANTEE, whether earned by or promised to SUBRECIPIENT, and/or should GRANTEE in any fiscal year hereunder fail to allocate HOME funds, GRANTEE shall not provide said funds unless and until they are made available for payment to GRANTEE by HCD and GRANTEE receives and allocates said funds. No other funds owned or controlled by GRANTEE shall be obligated under this Agreement to the Project(s).

5. PROGRAM INCOME
Any income generated by SUBRECIPIENT from the use of HOME funds governed by this (as defined at Article 2. Section 7724 of Subchapter 9) shall be retained by SUBRECIPIENT for the term of this Agreement. The use of all HOME program income is reserved specifically for services outlined in the Scope of Work and is subject to the terms of this Agreement.

6. UNIFORM ADMINISTRATIVE REQUIREMENTS
SUBRECIPIENT shall adhere to and follow the Uniform Administrative Requirements found in the Section 7721 of Article 2 Subchapter 9. 6 SUBRECIPIENT shall establish and maintain effective internal control over HOME funds made available through this Agreement to provide reasonable assurance that the Program is administered in compliance with applicable federal statutes, regulations, state guidelines and the terms and conditions of this Agreement. This includes evaluation and internal monitoring of the Program and prompt, appropriate action when instances of noncompliance are identified.

SUBRECIPIENT shall follow a written procurement policy that allows for full and open competition that meets the minimum standards of the U.S. federal regulations at 2 CFR 200.317 through 200.326.

SUBRECIPIENT shall take reasonable measures to safeguard protected personally identifiable information and other information GRANTEE designates as sensitive consistent with applicable Federal, state and local laws regarding privacy and obligations of confidentiality.

SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. As used in this Agreement, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least 51% owned and controlled by minority group members or women.

SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation.

SUBRECIPIENT is prohibited from using HOME funds or personnel employed in the administration of the program for: political activities; inherently religious activities; lobbying; political patronage; and nepotism activities.

SUBRECIPIENT shall comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement.

SUBRECIPIENT shall comply with the Copeland Anti-Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. SUBRECIPIENT shall maintain documentation that demonstrates compliance with hour and wage requirements of this part.

SUBRECIPIENT agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities.

SUBRECIPIENT shall maintain a financial management system that identifies all federal awards received and expended and the federal programs under which they were received, including:
7 • The CFDA title and number,
• Federal award identification number and year,
• Name of the Federal/State agency, and
• Name of the pass-through entity, if any.

SUBRECIPIENT shall follow written financial management policies and procedures that, at a minimum, provide for:
• Determination of allowable costs in accordance with the terms and conditions of this Agreement and the federal cost principles published in the U.S. federal regulations at 2 CFR 200 Subpart E; • Effective control over, and accountability for, all funds, property, and other assets to ensure all assets are safeguarded and they are used solely for authorized purposes; and
• Accurate financial reporting on federal awards, authorizations, obligations, unobligated balances, assets, expenditures, income and interest and be supported by source documentation.

7. AUDIT REQUIREMENTS
Within thirty days of the close of SUBRECIPIENT's fiscal year, SUBRECIPIENT shall provide to GRANTEE a certification stating the total amount of federal awards expended in the fiscal year. The certification shall be signed by an authorized official.

SUBRECIPIENT agrees to have a single or program-specific audit conducted in accordance with the provisions of 2 CFR 200 Subpart F if SUBRECIPIENT expends $750,000 or more in federal awards during any fiscal year that overlaps with the term of this Agreement. SUBRECIPIENT shall submit a copy of the audit to GRANTEE and the Federal Audit Clearinghouse (FAC) within thirty calendar days after receipt of the auditor's report(s). SUBRECIPIENT shall make copies of the audit available for public inspection for three years from the date of submission to the FAC.

GRANTEE shall issue a management decision for audit findings that relate to this Agreement within six months of acceptance of the audit report by the FAC.

8. USE AND REVERSION OF ASSETS
SUBRECIPIENT shall transfer to GRANTEE any HOME funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation, or termination. The use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 24 CFR 570.502-504, as applicable.

9. CONFLICT OF INTEREST
SUBRECIPIENT shall maintain written standards of conduct covering conflicts of interest and governing the performance of its employees engaged in the selection, award and administration of contracts. The standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of SUBRECIPIENT. If SUBRECIPIENT has a 8 parent, affiliate, or subsidiary organization, the standards of conduct must cover organizational conflicts of interest to ensure SUBRECIPIENT is able to be impartial in conducting a procurement action involving a related organization.

At a minimum, the standards of conduct shall include any person who is an employee, agent, consultant, officer, or elected official or appointed official of SUBRECIPIENT. No covered persons who exercise or have exercised any functions or responsibilities with respect to HOME activities assisted under this part, or who are in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from a HOME -assisted activity, or have a financial interest in any contract, subcontract, or agreement with respect to a HOME -assisted activity, or with respect to the proceeds of the HOME -assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for one year thereafter.

Both SUBRECIPIENT and any subcontractors shall complete a Disclosure of Conflict of Interest From included as Exhibit "D ". Upon written request, GRANTEE may grant an exception to the conflict of interest provisions on a case-by-case basis.

10. OTHER PROGRAM REQUIREMENTS
SUBRECIPIENT agrees to administer the services in compliance with all applicable City/County, State, and Federal guidelines including, but not limited to the following federal program requirements as now in effect and as may be amended from time to time:

Section 109 of the Housing and Community Development Act of 1974 requires that no person in the United States shall on the grounds of race, color, national origin, religion, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance made available pursuant to the Act. Section 109 also directs that the prohibitions against discrimination on the basis of age under the Age Discrimination Act and the prohibitions against discrimination on the basis of disability under Section 504 shall apply to programs or activities receiving Federal financial assistance under Title I programs.

Equal Opportunity requirements as described in Executive Order 11246, as amended by Executive Orders 11375, 11478, 12086, and 12107.

Equal Protection of the Laws for Faith-Based and Community Organizations as described in Executive Order 13279 and the implementing regulations at 41 CFR chapter 60.

Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) and implementing regulations at 24 CFR part 135.

The Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851- 4856), and implementing regulations at part 35, subparts A, B, J, K, and R of this part apply.
9 Exclusion of Debarred and Suspended Contractor requirements as described in 2 CFR Part 180.

A building or facility designed, constructed, or altered with HOME funds governed by this Agreement that meets the definition of "residential structure" as definedin 24 CFR 40.2 or the definition of "building" as defined in 41 CFR 101-19.602(a) is subject to the requirements of the Architectural Barriers Act of 1968 (42 U.S.C. 4151-4157) and shall comply with the Uniform Federal Accessibility Standards (appendix A to 24 CFR part 40 for residential structures, and appendix A to 41 CFR part 101-19, subpart 101-19.6, for general type buildings).

The Americans with Disabilities Act (42 U.S.C. 12131; 47 U.S.C. 155, 201, 218 and 225) (ADA) provides comprehensive civil rights to individuals with disabilities in the areas of employment, public accommodations, State and local government services, and telecommunications.

The contract provisions for non-federal entity contract under federal awards as set forth in Exhibit "E".

11. CLOSEOUT AND REVERSION OF ASSETS
GRANTEE will close out this Agreement when it determines that all applicable administrative actions and all required work of the Agreement have been completed by SUBRECIPIENT .

Unless provided an extension through written notification by GRANTEE, SUBRECIPIENT shall complete the following actions no later than thirty calendar days after the end date of the term of this Agreement:
• Submit, all financial, performance, and other reports as required by the terms of this Agreement;
• Liquidate all obligations incurred under the Agreement; and • Transfer to GRANTEE any accounts receivable attributable to the use of HOME funds, including HOME program income.

Notwithstanding the expiration or earlier termination of this Agreement, SUBRECIPIENT's obligations to GRANTEE shall not terminate until all closeout requirements are completed. The following obligations of SUBRECIPIENT shall survive the termination of this Agreement:
• SUBRECIPIENT'S indemnity obligations;
• the obligation to cause audits to be performed relating to SUBRECIPIENT'S activities and costs under this Agreement; • the obligation to repay to GRANTEE any HOME proceeds
improperly disbursed to SUBRECIPIENT or disbursed for ineligible expenditures;
10 • any other obligations which cannot by their nature be performed until after the expiration of the Agreement such as the submittal of final payment request and performance reports.

Any real or personal property purchased in whole or in part with HOME funds provided under this Agreement are subject to the following requirements that shall survive the termination of this Agreement:
• Insurance and reporting requirements regarding real and personal property acquired with federal funds in accordance with the uniform administrative requirements contained in the U.S. federal regulations published at 2 CFR Part 200; and
• For real property under SUBRECIPIENT's control that was acquired or improved in whole or in part with HOME funds in excess of $25,000, said property shall be used to meet one of the national objectives in 24 CFR 570.208 for five years after close out of this Agreement. If the property is disposed of within five years of the close out of this Agreement, SUBRECIPIENT shall reimburse GRANTEE the a percentage of the current fair market value of the property equal to the percentage of HOME funds expended to the overall acquisition and improvement cost of the property.

12. SUSPENSION ANDTERMINATION
Termination for Convenience. This Agreement may be terminated by either party if SUBRECIPIENT and GRANTEE mutually agree in writing to its termination and upon the termination conditions, including the effective date and in the case of partial termination, the portion to be terminated.

Furthermore, GRANTEE may suspend or terminate this Agreement if SUBRECIPIENT materially fails to comply with any terms of this Agreement.

If, through any cause, the SUBRECIPIENT fails to fulfill in timely and proper manner its obligations under this Agreement, ineffectively or improperly use funds provided under this Agreement, or if SUBRECIPIENT shall violate any of the covenants, agreements, or stipulations of this Agreement, GRANTEE shall thereupon have the right to terminate this Agreement by giving written notice to SUBRECIPIENT of such termination and specifying the effective date thereof, at least five days before the effective date of such termination. In such event, all finished or unfinished documents and reports prepared by SUBRECIPIENT under this Agreement shall, at the option of GRANTEE, become its property and SUBRECIPIENT shall be entitled to receive just and equitable payment for any satisfactory work completed subject to the limitations of this Agreement.

13. MANDATORY DISCLOSURES
SUBRECIPIENT shall provide written notice to the GRANTEE within five days of all potential conflicts of interest and violations of criminal law involving fraud, bribery, or gratuity violations potentially affecting this Agreement. Failure to make required disclosures can result in termination of the Agreement and suspension or debarment from future federal awards.
10 14. FINDINGS CONFIDENTIAL
Any reports, information or data given to or prepared by SUBRECIPIENT concerning GRANTEE under this Agreement shall not be made available to any individual or organization by SUBRECIPIENT without first submitting them to GRANTEE.

15. GENERAL CONDITIONS
SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal, State, County, and City laws, ordinances and codes. Should a Project receive additional funding after the commencement of this Agreement , SUBRECIPIENT shall notify GRANTEE in writing within thirty days of receiving notification from the funding source and submit a cost allocation plan for approval by GRANTEE within forty-five days of said official notification.

SUBRECIPIENT shall provide Workers' Compensation Insurance coverage for all of its employees involved in the performance of this Agreement.

SUBRECIPIENT shall comply with the bonding and insurance requirements set forth in 2 CFR Part 200. The SUBRECIPIENT shall additionally carry sufficient insurance and bond coverage as set forth in Exhibit "C".

SUBRECIPIENT shall subcontract all work or services through written contract or agreement subject to each provision of this Agreement and applicable City, County, State and Federal guidelines and regulations. Prior to execution of any subcontract hereunder, such subcontracts must be submitted by SUBRECIPIENT to GRANTEE for its review and approval, which will specifically include a determination of compliance. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by SUBRECIPIENT or reimbursed by GRANTEE without prior written approval.

16. INDEPENDENT CONTRACTOR
In furnishing the services provided for herein, SUBRECIPIENT is acting solelyas an independent contractor. Neither SUBRECIPIENT, nor any of its officers, agents or employees shall be deemed an officer, agent, employee, joint venturer, partner or associate of GRANTEE for any purpose. GRANTEE shall have no right to control or supervise or direct the manner or method by which SUBRECIPIENT shall perform its work and functions. However, GRANTEE shall retain the right to administer this Agreement so as to verify that SUBRECIPIENT is performing its obligations in accordance with the terms and conditions thereof.

This Agreement does not evidence a partnership or joint venture between SUBRECIPIENT and GRANTEE. SUBRECIPIENT shall have no authority to bind GRANTEE absent GRANTEE's express written consent. Except to the extent otherwise provided in this Agreement, SUBRECIPIENT shall bear its own costs and expenses in pursuit thereof.

Because of its status as an independent contractor, SUBRECIPIENT and its officers, agents and employees shall have absolutely no right to employment 11 rights and benefits available to GRANTEE's employees. SUBRECIPIENT shall be solely liable and responsible for all payroll and tax withholding and for providing to, or on behalf of, its employees all employee benefits including, without limitation, health, welfare and retirement benefits. In addition, together with its other obligations under this Agreement, SUBRECIPIENT shall be solely responsible, indemnify, defend and save GRANTEE harmless from all matters relating to employment and tax withholding for and payment of SUBRECIPIENT's employees, including, without limitation, (i) compliance with Social Security and unemployment insurance withholding, payment of workers compensation benefits, and all other laws and regulations governing matters of employee withholding, taxes and payment; and (ii) any claim of right or interest in GRANTEE employment benefits, entitlements, programs and/or funds offered employees of GRANTEE whether arising by reason of any common law, de facto, leased, or coemployee rights or other theory. It is acknowledged that during the term of this Agreement, SUBRECIPIENT may be providing services to others unrelated to GRANTEE or to this Agreement.

17. INDEMNIFICATION
To the furthest extent allowed by law including California Civil Code section 2782, SUBRECIPIENT shall indemnify, hold harmless and defend GRANTEE and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in Contract, tort or strict liability, including, but not limited to personal injury, death at any time and property damage) incurred by GRANTEE, SUBRECIPIENT or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of performance of this Agreement. SUBRECIPIENT's obligations under the preceding sentence shall apply regardless of whether GRANTEE or any of its officers, officials, employees, agents or volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or willful misconduct, of GRANTEE or any of its officers, officials, employees, agents or volunteers.

If SUBRECIPIENT should contract or subcontract all or any portion of the work to be performed under this Agreement, SUBRECIPIENT shall require each SUBRECIPIENT and/or subcontractor to indemnify, hold harmless and defend GRANTEE and each of its officers, officials, employees, agents, and volunteers in accordance with the terms of the preceding paragraph.

This section shall survive termination or expiration of this Agreement.

18. NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice.

Communication and details concerning this Agreement shall be directed to the 12 following contract representatives:

GRANTEE
City of Chowchilla
C/O Rod Pruett,
City Administrator
130 South Second Street.

Chowchilla, CA 93610

19. AMENDMENTS

SUBRECIPIENT
Self-Help Enterprises
C/O Melissa Valdez Assistant Director
8445 W Elowin Ct
P.O. Box 6520
Visalia, CA 93290
GRANTEE or SUBRECIPIENT may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the GRANTEE's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the GRANTEE or SUBRECIPIENT from its obligations under this Agreement.

GRANTEE may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both GRANTEE and SUBRECIPIENT.

20. ASSIGNMENT
SUBRECIPIENT shall not assign or transfer any interest in this Agreement without the prior written consent of the GRANTEE.

21. SEVERABILITY
If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement.

22. ATTORNEY FEES
If either party is required to commence any proceeding or legal action to enforce or interpret any term, covenant or condition of this Agreement, the prevailing party will be entitled to recover from the other party its reasonable attorney's fees and legal expenses.

23. BINDING ON ALL SUCCESSORS AND ASSIGNS
Unless otherwise expressly provided in this Agreement, all the terms and provisions of this Agreement shall be binding on and inure to the benefit of the parties hereto, and their respective nominees, heirs, successors, assigns, and legal representatives.
13 24. BINDING ON ALL SUCCESSORS AND ASSIGNS
Unless otherwise expressly provided in this Agreement, all the terms and provisions of this Agreement shall be binding on and inure to the benefit of the parties hereto, and their respective nominees, heirs, successors, assigns, and legal representatives.

25. COUNTERPARTS
This Agreement may be executed in counterparts, each of which when executed and delivered will be deemed an original, and all of which together will constitute one instrument. The execution of this Agreement by any party hereto will not become effective until counterparts hereof have been executed by all parties hereto.

26. CUMULATIVE REMEDIES
No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity. All powers and remedies given by this Agreement shall be cumulative and in addition to those otherwise provided by law.

27. EFFECTIVE DATE
This Agreement shall be effective upon the Parties' complete execution following City Council approval.

28. ENTIRE AGREEMENT
This Agreement represents the entire and integrated agreement of the parties with respect to the subject matter hereof. This Agreement supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified or amended only by written instrument duly authorized and executed by both GRANTEE and SUBRECIPIENT.

29. EXHIBITS
Each exhibit and attachment referenced in this Agreement is, by the reference, incorporated into and made a part of this Agreement.

30. EXPENSES INCURRED UPON EVENT OF DEFAULT
SUBRECIPIENT shall reimburse GRANTEE for all reasonable expenses and costs of collection and enforcement, including reasonable attorney's fees, incurred by GRANTEE as a result of one or more Events of Default by SUBRECIPIENT under this Agreement.

31. GOVERNING LAW AND VENUE
Except to the extent preempted by applicable federal law, the laws of the State of California shall govern all aspects of this Agreement, including execution, interpretation, performance, and enforcement. Venue for filing any action to enforce or interpret this Agreement will be Madera County, California. 14 32. HEADINGS
The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.

33. INTERPRETATION
This Agreement in its final form is the result of the combined efforts of the parties.

Any ambiguity will not be construed in favor or against any party, but rather by construing the terms in accordance with their generally accepted meaning.

34. NO THIRD PARTY BENEFICIARY
The rights, interests, duties and obligations defined within this Agreement are intended for the specific parties hereto as identified in the preamble of this Agreement. Notwithstanding anything stated to the contrary in this Agreement, it is not intended that any rights or interests in this Agreement benefit or flow to the interest of any third parties other than expressly identified herein. No subcontractor , mechanic, materialman, laborer, vendor, or other person hired or retained by SUBRECIPIENT shall have any rights hereunder and shall look to SUBRECIPIENT as their sole source of recovery if not paid. No third party may enter any claim or bring any such action against GRANTEE under any circumstances. Except as provided by law, or as otherwise agreed to in writing between GRANTEE and such person, each such person shall be deemed to have waived in writing all right to seek redress from GRANTEE under any circumstances whatsoever. SUBRECIPIENT shall include this paragraph in all contracts/subcontracts.

35. NO WAIVER
Neither failure nor delay on the part of the GRANTEE in exercising any right under this Agreement shall operate as a waiver of such right, nor shall any single or partial exercise of any such right preclude any further exercise thereof or the exercise of any other right. No waiver of any provision of this Agreement or consent to any departure by the SUBRECIPIENT therefrom shall be effective unless the same shall be in writing, signed on behalf of the GRANTEE by a duly authorized officer thereof, and the same shall be effective only in the specific instance for which it is given. No notice to or demand on the SUBRECIPIENT in any case shall entitle the SUBRECIPIENT to any other or further notices or demands in similar or other circumstances or constitute a waiver of any of the GRANTEE's right to take other or further action in any circumstances without notice or demand.

36. NON-RELIANCE
SUBRECIPIENT hereby acknowledges having obtained such independent legal or other advice as it has deemed necessary and declares that in no manner has it relied on GRANTEE, it agents, employees or attorneys in entering into this Agreement.
15 37. PRECEDENCE OFDOCUMENTS
In the event of any conflict between the body of this Agreement and any exhibit or attachment hereto, the terms and conditions of the body of this Agreement will control.

38. SEVERABILITY
If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.
[SIGNATURE PAGE TO FOLLOW]
IN WITNESS WHEREOF, the parties have executed this Agreement at Chowchilla, California, the day and year first above written.

Addresses:

GRANTEE: SUBRECIPIENT:

City of Chowchilla Self-Help Enterprises
Attention: Rod Pruett Attn: Melissa Valdez
City Manager Assistant Director
130 South Second Street 8445 W Elowin Ct
Chowchilla, CA 93610 P.O. Box 6520
Phone: (559) 665-8615 Visalia, CA 93290
FAX: (559) 665-2569 Phone: (559)802-1630
FAX: (559) 651-3634
Attachments:

EXHIBIT A: SCOPE OF WORK
EXHIBIT B: PROPOSED BUDGET
EXHIBIT C: INSURANCE REQUIRMENTS
EXHIBIT D: CONFLICT OF INTEREST
EXHIBIT E: CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY

CONTRACTS UNDER FEDERALAWARDS
EXHIBIT F: SHE’S CURRENT INDIRECT COST RATE
17 IN WITNESS WHEREOF, the parties have executed this Agreement at Chowchilla, California, the day and year first above written.

GRANTEE

CITY OF CHOWCHILLA

Rod Pruett, City Administrator

SUBRECIPIENT

SELF-HELP ENTERPRISES

Thomas Collishaw, CEO/President

Attachments :

EXHIBIT A: SCOPE OF WORK
EXHIBIT B: PROPOSED BUDGET
EXHIBIT C: INSURANCE REQUIRMENTS
EXHIBIT D: CONFLICT OF INTEREST
EXHIBIT E: CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY

CONTRACTS UNDER FEDERAL AWARDS
EXHIBIT F: SHE’S CURRENT INDIRECT COST RATE
18 EXHIBIT A-1

SCOPE OF WORK
Matrix Code: First-Time Homebuyer Assistance
Rehab: Single-Unit Residential
National Objective: LMH
HOME Eligibility: 24 CFR 570 202
Project Description:

Self-Help Enterprises will offer First-Time Homebuyer Assistance and Owner-Occupied Housing Assistance programs under the City’s 18-HOME-12587 grant to qualifying income eligible households located within the City of Chowchilla:
1) First-Time Homebuyer Assistance will be provided to income eligible household citywide to provide down payment, closing cost and gap financing that will ensure a first-time homebuyers mortgage payments are afford able. 2) Owner Occupied Rehabilitation will be provided to income eligible owneroccupied households in need of repairs to correct conditions that threaten a household's health, general well-being, or safety and/or subjects the household to live without basic plumbing, electrical, heating, air conditioning, or security.

Records to Be Maintained
The subrecipient shall maintain records including, but not limited to Basic Activity Information
The SUBRECIPIENT shall maintain a project file that contains a full description of each activity assisted with HOME funds, including its location, the amount of HOME funds budgeted , obligated and expended for the activity, and the eligibility and national objective under which it is eligible
Data on the extent to which each racial and ethnic group and have applied for, participated in, or benefited from , any program or activity funded in whole or in part with HOME funds. Such information shall be used only as a basis for further investigation as to compliance with nondiscrimination requirements No recipient is required to attain or maintain any particular statistical measure by race , ethnicity. or gender in covered programs.

Financial Management Records
The SUBRECIPIENT shall maintain financial records in accordance with the applicable requirements listed in Sec 570.502, including source documentation.

The project file must document how the HOME funds are expended Such documentation must include , to the extent applicable :
a. Invoices with supporting documentation
b. Evidence of need and no duplication of services
19 c. Other documentation appropriate to the nature of the activity National Objective Compliance - Low Mod Housing Activities (LMH) - Owner
The SUBRECIPIEN T shall maintain records for each owner-occupied unit, including d. The total cost of the activity, including both HOME and non­ HOME funds. e. a determination of beneficiary's household size and estimated annual income (as defined under the 24 CFR 5.609) completed and signed by the SUBRECIPIENT supported by documentation such as pay stubs and other accepted forms of income verification .

SUBRECIPIENT shall ensure the HOME grant funds provided by GRANTEE are clearly identified as a subaward and include the following information:
• SUBRECIPIENT NAME: Self-Help Enterprises
• (DUNS): 056179906
• Unique ID: YWCPA31KBJY6
• State Award Identification Number:19-HOME-12587
• State Award Date: Month/ Day / Year
• Period of Performance : through February 2, 2023
• Funds Obligated by this Agreement: 487,500
• Funds Obligated to SUBRECIPIENT $500,000
• Total Amount of the Award: $487,500
• Award project description: See Exhibit A - Scope of Work • Name of awarding agency : CA Dept. of Housing and Community Development • Name of pass-through entity: City of Chowchilla, California Award Official Contact Information: See Section 18 - Notices
• CFDA Number : 14.239
• CFDA Name: HOME Investment Partnership Program
• HOME Program Identification of R&D: No
• Indirect cost rate for the Federal award: current rate, subject to change annually per U.S. Department of the Interior.
20 EXHIBIT B-1

PROPOSED BUDGET
# Line
Item
Approved Budget
1 Administrative Cost $12,500
2 FTHB Homebuyer Assistance including Implementation Cost $243,750 3 Owner-Occupied Rehabilitation including
Implementation Cost
$243,750
TOTAL $500,000
21 EXHIBIT C

INSURANCE REQUIREMENTS
Agreement between City of Chowchilla (“CITY”) and Self-Help Enterprises ("SUBRECIPIENT")

MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:

1. The most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01, providing liability coverage arising out of your business operations. The Commercial General Liability policy shall be written on an occurrence form and shall provide coverage for "bodily injury, " "property damage" and "personal and advertising injury" with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Agreement) with limits of liability not less than those set forth under "Minimum Limits of Insurance."

2. The most current version of ISO *Commercial Auto Coverage Form CA 00 01, providing liability coverage arising out of the ownership, maintenance or use of automobiles in the course of your business operations. The Automobile Policy shall be written on an occurrence form and shall provide coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1- Any Auto). If personal automobile coverage is used, the CITY, its officers, officials, employees, agents, and volunteers are to be listed as additional insureds.

3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.

4. Professional Liability (Errors and Omissions) that includes Cyber Liability (Privacy and Data breach) insurance appropriate to SUBRECIPIENT profession.

MINIMUM LIMITS OF INSURANCE
SUBRECIPIENT, or any party the SUBRECIPIENT subcontracts with, shall maintain limits of liability of not less than those set forth below. However, insurance limits available to CITY, its officers, officials, employees, agents, and volunteers as additional insureds, shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to the named insured:

1. COMMERCIAL GENERAL LIABILITY:
(i) $1,000,000 per occurrence for bodily injury and property damage; (ii) $1,000,000 per occurrence for personal and advertising injury; (iii) $2,000,000 aggregate for products and completed operations; and, (iv) $2,000,000 general aggregate applying separately to the work performed under the Agreement.
22 2. COMMERCIAL AUTOMOBILE LIABILITY:
$1,000,000 per accident for bodily injury and property damage.

3. WORKERS' COMPENSATION INSURANCE as required by the State of California with statutory limits.

4. EMPLOYER'S LIABILITY:
(i) $1,000,000 each accident for bodily injury;
(ii) $1,000,000 disease each employee; and,
(iii) $1,000,000 disease policy limit.

5. PROFESSIONAL LIABILITY (Errors and Omissions) & (Privacy & Data breach coverage):
(i) $1,000,000 per claim/occurrence; and,
(ii) $2,000,000 policy aggregate.

UMBRELLA OR EXCESS INSURANCE
In the event SUBRECIPIENT purchases an Umbrella or Excess insurance policy(ies) to meet the "Minimum Limits of Insurance," this insurance policy(ies) shall "follow form" and afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non-contributory basis for the benefit of the CITY, its officers, officials, employees, agents, and volunteers.

DEDUCTIBLES AND SELF-INSURED RETENTIONS
SUBRECIPIENT shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and SUBRECIPIENT shall also be responsible for payment of any self-insured retentions. Any deductibles or selfinsured retentions must be declared to on the Certificate of Insurance, and approved by, the CITY's Risk Manager or designee. At the option of the CITY's Risk Manager or designee, either:
(i) The insurer shall reduce or eliminate such deductibles or selfinsured retentions as respects CITY, its officers, officials, employees, agents, and volunteers; or
(ii) SUBRECIPIENT shall provide a financial guarantee,
satisfactory to CITY's Risk Manager or designee,
guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall CITY be responsible for the payment of any deductibles or self-insured retentions.

OTHER INSURANCE PROVISIONS/ENDORSEMENTS
The General Liability and Automobile Liability insurance policies are to contain, or be endorsed to contain, the following provisions:

1. CITY, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds. SUBRECIPIENT shall establish additional insured status for the City and for all ongoing and 23 completed operations by use of ISO Form CG 20 10 11 85 or both CG 20 10 10 01 and CG 20 37 10 01 or by an executed manuscript insurance company endorsement providing additional insured status as broad as that contained in ISO Form CG 20 10 11

85. 2. The coverage shall contain no special limitations on the scope of protection afforded to CITY, its officers, officials, employees, agents, and volunteers. Any available insurance proceeds in excess of the specified minimum limits and coverage shall be available to the Additional Insured.

3. For any claims relating to this Agreement, SUBRECIPIENT's insurance coverage shall be primary insurance with respect to the CITY, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees, agents, and volunteers shall be excess of SUBRECIPIENT's insurance and shall not contribute with it.

SUBRECIPIENT shall establish primary and non-contributory status by using ISO Form CG 20 01 04 13 or by an executed manuscript insurance company endorsement that provides primary and noncontributory status as broad as that contained in ISO Form CG 20 010413.

The Workers' Compensation insurance policy is to contain, or be endorsed to contain, the following provision: SUBRECIPIENT and its insurer shall waive any right of subrogation against CITY, its officers, officials, employees, agents, and volunteers.

If the Professional Liability (Errors and Omissions) with Cyber Liability insurance policy is written on a claims-made form:

1. The retroactive date must be shown and must be before the effective date of the Agreement or the commencement of work by
SUBRECIPIENT.

2. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the Agreement work or termination of the Agreement, whichever occurs first, or, in the alternative, the policy shall be endorsed to provide not less than a five (5) year discovery period.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of the Agreement or the commencement of work by
SUBRECIPIENT, SUBRECIPIENT mustpurchase "extended
reporting" coverage for a minimum of five (5) years completion of the Agreement work or termination of the Agreement, whichever occurs first.

4. A copy of the claims reporting requirements must be submitted to CITY for review.
24 5. These requirements shall survive expiration or termination of the Agreement.

All policies of insurance required herein shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after thirty (30) calendar days written notice by certified mail, return receipt requested, has been given to CITY. SUBRECIPIENT is also responsible for providing written notice to the CITY under the same terms and conditions. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non­ renewal, or reduction in coverage or in limits, SUBRECIPIENT shall furnish CITY with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for CITY, SUBRECIPIENT shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than fifteen (15) calendar days prior to the expiration date of the expiring policy.

Should any of the required policies provide that the defense costs are paid within the Limits of Liability, thereby reducing the available limits by any defense costs, then the requirement for the Limits of Liability of these polices will be twice the above stated limits.

The fact that insurance is obtained by SUBRECIPIENT shall not be deemed to release or diminish the liability of SUBRECIPIENT, including, without limitation, liability under the indemnity provisions of this Agreement. The policy limits do not act as a limitation upon the amount of indemnification to be provided by SUBRECIPIENT. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of SUBRECIPIENT, its principals, officers , agents, employees, persons under the supervision of SUBRECIPIENT, vendors, suppliers, invitees, consultant, sub-consultant, subcontractors, or anyone employed directly or indirectly by any of them.

SUBCONTRACTORS - If SUBRECIPIENT subcontracts any or all of the services to be performed under this Agreement , SUBRECIPIENT shall require, at the discretion of the CITY Risk Manager or designee, subcontractor(s) to enter intoa separate Side Agreement with the City to provide required indemnification and insurance protection. Any required Side Agreement(s) and associated insurance documents for the subcontractor must be reviewed and preapproved by CITY Risk Manager or designee. If no Side Agreement is required, SUBRECIPIENT will be solely responsible for ensuring that it's subcontractors maintain insurance coverage at levels no less than those required by applicable law and is customary in the relevant industry.

VERIFICATION OF COVERAGE
SUBRECIPIENT shall furnish CITY with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the CITY'S Risk Manager or his/her designee prior to CITY'S execution of the Agreement and before work commences. All non-ISO endorsements amending policy coverage shall be executed by a licensed and authorized agent or broker. Upon request of 25 CITY, SUBRECIPIENT shall immediately furnish City with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement. 26 EXHIBIT D

CONFLICT OF INTEREST
YES
*
NO
1 Are you currently in litigation with the City of Chowchilla or any of its agents?
□ X
2 Do you represent any firm, organization or person who is in litigation with the City of Chowchilla?
□ X
3 Do you currently represent or perform work for any clients who do business with the City of Chowchilla?
□ X
4 Are you or any of your principals, managers or professionals, owners or investors in a business which does business with the City of Chowchilla, or in a business which is in litigation with the City of Chowchilla?
□
X
5 Are you or any of your principals, managers or professionals, related by blood or marriage to any City of Chowchilla
employee who has any significant role in the subject matter of this service?
□
X
6 Do you or any of your subcontractors have, or expect to have, any interest, direct or indirect, in any other contract in connection with this Project?
□ X
* If the answer to any question is yes, please explain in full below.

Explanation

Date

Thomas J. Collishaw, President/CEO
Self-Help Enterprises
8445 W Elowin Ct
Visalia, CA 93290
27 EXHIBIT E

CONTRACT PROVISIONS FOR NON-FEDERALENTITY CONTRACTS

UNDER FEDERAL AWARDS
In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non-Federal entity under the Federal award must contain provisions covering the following, as applicable. (A) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. (B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement.
(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department ofLabor."
(D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction").

In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination.

The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from
28 inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.
(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708).

Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements, " and any implementing regulations issued by the awarding agency.
(G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended- Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the nonFederal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387).

Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
(H) Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6201).
(I) Debarment and Suspension (Executive Orders 12549 and 12689)- A contract award (see 2 CFR 180.220) must not be made to parties listed on the government-wide Excluded Parties List System in the System for Award Management (SAM), in accordance with the 0MB guidelines at 2 CFR 180 that 29 implement Executive Orders 12549 (3 CFR Part 1986 Comp., p.189) and 12689 (3 CFR Part 1989 Comp., p. 235), "Debarment and Suspension." The Excluded Parties List System in SAM contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (J) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)-Contractors that apply or bid for an award of $100,000 or more must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. (K) See §200.322 Procurement of recovered materials.

CITY OF CHOWCHILLA
2019-HOME-14964 SUBRECIPIENT AGREEMENT

FIRST-TIME HOMEBUYER ASSISTANCE PROGRAM &

OWNER-OCCUPIED REHBAILIATION PROGRAM
THIS AGREEMENT, entered this day of May, 2023 by and between the City of Chowchilla, California, a municipal corporation, (GRANTEE) and Self-Help Enterprises (SUBRECIPIENT).

WHEREAS, HCD is authorized to allocate HOME Investment Partnership Program, hereinafter “HOME” funds, made available from HUD as authorized under Title II of the Cranston-Gonzalez National Affordability Housing Act of 1990 as set forth in Title 24 of the Code of Federal Regulations, part 92, and in Title 25 of the California Code of Regulations commencing with Section 8200.; and WHEREAS, GRANTEE is a recipient of HOME grant funds and HOME Program Income funding for use in funding eligible activities furthering established state objectives to benefit its low and moderate income residents as defined in the Regulations; and
WHEREAS, GRANTEE in accordance with its 2016-2024 Housing Element, desires to provide HOME funds to SUBRECIPIENT, for activities and services, as more fully described in Exhibit A, Scope of Services, upon the terms and conditions in this Agreement; and
WHEREAS, pursuant to City Resolution No. 01-20, the City Administrator is authorized to execute HOME Agreement, on behalf of GRANTEE, that are within available allocated HOME funding and in a standard form approved by the City Attorney.

NOW, THEREFORE, it is agreed between the parties hereto that:

1. TERM
The term of this Agreement shall commence on May 30, 2023, unless terminated earlier pursuant to the terms of this Agreement, shall continue until for five (5) years. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which SUBRECIPIENT remains in control of HOME funds or other HOME assets, including Program Income.

2. SCOPE OF WORK
SUBRECIPIENT will be responsible for administering services in a manner satisfactory to GRANTEE and consistent with any standards required as a condition of providing these funds. GRANTEE will also perform the services set forth in Exhibit "A" entitled "Scope of Work" attached hereto and incorporated by reference herein and made a part hereof.

HOME Subrecipient May 2023 1
3 SUBRECIPIENT shall administer the Program for the whole of the term of the Agreement. SUBRECIPIENT shall administer the Program in compliance with the HOME requirements and in a manner that meets the HOME objective(s) of Chapter 6 (commencing with Section 50650) of Part 2 of Division 31, Health and Safety Code (HSC) and HOME statewide goals.

GRANTEE will monitor the performance of SUBRECIPIENT against goals and performance standards as stated above. Substandard performance as determined by GRANTEE will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by SUBRECIPIENT within a reasonable amount of time after being notified by GRANTEE, contract suspension or termination procedures will be initiated.

3. RECORDS AND REPORTS
On a quarterly basis, SUBRECIPIENT shall submit to GRANTEE, in a form acceptable to GRANTEE, a performance report summarizing the number of unduplicated persons served, including race, ethnicity, and income data. The performance report shall be submitted within thirty days of the close of each quarter.

SUBRECIPIENT shall ensure the HOME grant funds provided by GRANTEE are clearly identified as a subaward and include the following information:
• SUBRECIPIENT NAME: Self-Help Enterprises
• (DUNS): 056179906
• Unique ID: YWCPA31KBJY6
• State Award Identification Number:19-HOME-14964 + Program Income • State Award Date: November 15, 2021
• Period of Performance: through October 31, 2024
• Funds Obligated by this Agreement: 243,750
• Funds Obligated to SUBRECIPIENT $500,000 grant funds + up to $1 million in Program Income.
• Total Amount of the Award: $487,500
• Award project description: See Exhibit A - Scope of Work • Name of awarding agency: CA Dept. of Housing and Community Development • Name of pass-through entity: City of Chowchilla, California Award Official Contact Information: See Section 18 - Notices
• CFDA Number: 14.239
• CFDA Name: HOME Investment Partnership Program
• HOME Program Identification of R&D: No
• Indirect cost rate for the Federal award: current rate, subject to change annually per U.S. Department of the Interior.

SUBRECIPIENT shall maintain all records required by the State regulations specified in Section 7721 of State regulations that are pertinent to the activities funded under this Agreement. Such records shall include but not be limited to:
4 a) A full description of each activity undertaken;
b) Records demonstrating each activity undertaken meets one of the State Objectives of the HOME program;
c) Records required to determine the eligibility of activities; d) Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with HOME assistance;
e) Records documenting compliance with the fair housing and equal opportunity components of the HOME program;
f) Financial records, and
g) Other records necessary to document compliance with the HOME program guidelines and regulations.

SUBRECIPIENT shall retain all project files, financial records, and any other documents related to the Program for a period of three years from the date of the close out of this Agreement, except in the following cases:
• If any litigation, claim, or audit is started before the expiration of the five year period, the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken.
• When the SUBRECIPIENT is notified in writing by the GRANTEE to extend the retention period.
• Records for real property and equipment acquired with Federal funds must be retained for three years after final disposition.

GRANTEE shall monitor and evaluate SUBRECIPIENT's performance underthis Agreement to determine compliance with this Agreement and HOME requirements. SUBRECIPIENT shall cooperate with GRANTEE and any federal or state auditors authorized by GRANTEE and shall make available all information, documents, and records reasonably requested and shall provide GRANTEE the reasonable right of access to both records and personnel during normal business hours for the purpose of assuring compliance with this Agreement and evaluating performance hereunder. The rights of access in this section are not limited to the required retention period but last as long as the records are retained.

4. METHOD OF PAYMENT
Grant funds shall be disbursed to reimburse SUBRECIPIENT in accordance with the Proposed Budget attached hereto as Exhibit "B'' and incorporated herein.

SUBRECIPIENT's source of compensation hereunder will be in the form of a grant of HOME funds as described herein and administrative funds provided by the City.

It is expressly agreed and understood that the total amount to be paid by GRANTEE under this Agreement shall not exceed Five Hundred Thousand Dollars ($500,000). SUBRECIPIENT shall submit to GRANTEE a request for payment, in a form acceptable to GRANTEE, on a monthly basis for the term of the Agreement. Said request shall be accompanied with supporting documentation, including but not limited to paid receipts, invoices and timesheets, to allow GRANTEE to determine compliance with applicable federal regulations, 5 including cost allowability.

GRANTEE shall pay all approved requests for payment pursuant to this Agreement within the normal course of business, typically within forty-five days of receipt. If GRANTEE disallows any cost submitted by SUBRECIPIENT, within ten business days GRANTEE will provide written notification to SUBRECIPIENT of the disallowance, including any corrective action necessary to process payment.

All funds are paid contingent upon SUBRECIPIENT's continuous compliance with all applicable, uniform administrative requirements, program regulations, and recapture and reversion requirements set out in the Act. Any unearned or recaptured HOME funding shall be returned to GRANTEE within thirty days of the earlier of termination of this Agreement or notice by GRANTEE. Any interest earned or received by SUBRECIPIENT thereon shall be remitted to the GRANTEE.

An authorized official for SUBRECIPIENT must provide a signed certification with each request that states the following: "By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)."
SUBRECIPIENT understands and agrees the availability of HOME funds is subject to the control of HCD, or other state agencies and should the HOME funds be encumbered, withdrawn or otherwise made unavailable to GRANTEE, whether earned by or promised to SUBRECIPIENT, and/or should GRANTEE in any fiscal year hereunder fail to allocate HOME funds, GRANTEE shall not provide said funds unless and until they are made available for payment to GRANTEE by HCD and GRANTEE receives and allocates said funds. No other funds owned or controlled by GRANTEE shall be obligated under this Agreement to the Project(s).

5. PROGRAM INCOME
Any income generated by SUBRECIPIENT from the use of HOME funds governed by this (as defined at Article 2. Section 7724 of Subchapter 9) shall be retained by SUBRECIPIENT for the term of this Agreement. The use of all HOME program income is reserved specifically for services outlined in the Scope of Work and is subject to the terms of this Agreement.

6. UNIFORM ADMINISTRATIVE REQUIREMENTS
SUBRECIPIENT shall adhere to and follow the Uniform Administrative Requirements found in the Section 7721 of Article 2 Subchapter 9. 6 SUBRECIPIENT shall establish and maintain effective internal control over HOME funds made available through this Agreement to provide reasonable assurance that the Program is administered in compliance with applicable federal statutes, regulations, state guidelines and the terms and conditions of this Agreement. This includes evaluation and internal monitoring of the Program and prompt, appropriate action when instances of noncompliance are identified.

SUBRECIPIENT shall follow a written procurement policy that allows for full and open competition that meets the minimum standards of the U.S. federal regulations at 2 CFR 200.317 through 200.326.

SUBRECIPIENT shall take reasonable measures to safeguard protected personally identifiable information and other information GRANTEE designates as sensitive consistent with applicable Federal, state and local laws regarding privacy and obligations of confidentiality.

SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. As used in this Agreement, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least 51% owned and controlled by minority group members or women.

SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation.

SUBRECIPIENT is prohibited from using HOME funds or personnel employed in the administration of the program for: political activities; inherently religious activities; lobbying; political patronage; and nepotism activities.

SUBRECIPIENT shall comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement.

SUBRECIPIENT shall comply with the Copeland Anti-Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. SUBRECIPIENT shall maintain documentation that demonstrates compliance with hour and wage requirements of this part.

SUBRECIPIENT agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities.

SUBRECIPIENT shall maintain a financial management system that identifies all federal awards received and expended and the federal programs under which they were received, including:
7 • The CFDA title and number,
• Federal award identification number and year,
• Name of the Federal/State agency, and
• Name of the pass-through entity, if any.

SUBRECIPIENT shall follow written financial management policies and procedures that, at a minimum, provide for:
• Determination of allowable costs in accordance with the terms and conditions of this Agreement and the federal cost principles published in the U.S. federal regulations at 2 CFR 200 Subpart E; • Effective control over, and accountability for, all funds, property, and other assets to ensure all assets are safeguarded and they are used solely for authorized purposes; and
• Accurate financial reporting on federal awards, authorizations, obligations, unobligated balances, assets, expenditures, income and interest and be supported by source documentation.

7. AUDIT REQUIREMENTS
Within thirty days of the close of SUBRECIPIENT's fiscal year, SUBRECIPIENT shall provide to GRANTEE a certification stating the total amount of federal awards expended in the fiscal year. The certification shall be signed by an authorized official.

SUBRECIPIENT agrees to have a single or program-specific audit conducted in accordance with the provisions of 2 CFR 200 Subpart F if SUBRECIPIENT expends $750,000 or more in federal awards during any fiscal year that overlaps with the term of this Agreement. SUBRECIPIENT shall submit a copy of the audit to GRANTEE and the Federal Audit Clearinghouse (FAC) within thirty calendar days after receipt of the auditor's report(s). SUBRECIPIENT shall make copies of the audit available for public inspection for three years from the date of submission to the FAC.

GRANTEE shall issue a management decision for audit findings that relate to this Agreement within six months of acceptance of the audit report by the FAC.

8. USE AND REVERSION OF ASSETS
SUBRECIPIENT shall transfer to GRANTEE any HOME funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation, or termination. The use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 24 CFR 570.502-504, as applicable.

9. CONFLICT OF INTEREST
SUBRECIPIENT shall maintain written standards of conduct covering conflicts of interest and governing the performance of its employees engaged in the selection, award and administration of contracts. The standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of SUBRECIPIENT. If SUBRECIPIENT has a 8 parent, affiliate, or subsidiary organization, the standards of conduct must cover organizational conflicts of interest to ensure SUBRECIPIENT is able to be impartial in conducting a procurement action involving a related organization.

At a minimum, the standards of conduct shall include any person who is an employee, agent, consultant, officer, or elected official or appointed official of SUBRECIPIENT. No covered persons who exercise or have exercised any functions or responsibilities with respect to HOME activities assisted under this part, or who are in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from a HOME -assisted activity, or have a financial interest in any contract, subcontract, or agreement with respect to a HOME -assisted activity, or with respect to the proceeds of the HOME -assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for one year thereafter.

Both SUBRECIPIENT and any subcontractors shall complete a Disclosure of Conflict of Interest From included as Exhibit "D ". Upon written request, GRANTEE may grant an exception to the conflict of interest provisions on a case-by-case basis.

10. OTHER PROGRAM REQUIREMENTS
SUBRECIPIENT agrees to administer the services in compliance with all applicable City/County, State, and Federal guidelines including, but not limited to the following federal program requirements as now in effect and as may be amended from time to time:

Section 109 of the Housing and Community Development Act of 1974 requires that no person in the United States shall on the grounds of race, color, national origin, religion, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance made available pursuant to the Act. Section 109 also directs that the prohibitions against discrimination on the basis of age under the Age Discrimination Act and the prohibitions against discrimination on the basis of disability under Section 504 shall apply to programs or activities receiving Federal financial assistance under Title I programs.

Equal Opportunity requirements as described in Executive Order 11246, as amended by Executive Orders 11375, 11478, 12086, and 12107.

Equal Protection of the Laws for Faith-Based and Community Organizations as described in Executive Order 13279 and the implementing regulations at 41 CFR chapter 60.

Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) and implementing regulations at 24 CFR part 135.

The Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851- 4856), and implementing regulations at part 35, subparts A, B, J, K, and R of this part apply.
9 Exclusion of Debarred and Suspended Contractor requirements as described in 2 CFR Part 180.

A building or facility designed, constructed, or altered with HOME funds governed by this Agreement that meets the definition of "residential structure" as definedin 24 CFR 40.2 or the definition of "building" as defined in 41 CFR 101-19.602(a) is subject to the requirements of the Architectural Barriers Act of 1968 (42 U.S.C. 4151-4157) and shall comply with the Uniform Federal Accessibility Standards (appendix A to 24 CFR part 40 for residential structures, and appendix A to 41 CFR part 101-19, subpart 101-19.6, for general type buildings).

The Americans with Disabilities Act (42 U.S.C. 12131; 47 U.S.C. 155, 201, 218 and 225) (ADA) provides comprehensive civil rights to individuals with disabilities in the areas of employment, public accommodations, State and local government services, and telecommunications.

The contract provisions for non-federal entity contract under federal awards as set forth in Exhibit "E".

11. CLOSEOUT AND REVERSION OF ASSETS
GRANTEE will close out this Agreement when it determines that all applicable administrative actions and all required work of the Agreement have been completed by SUBRECIPIENT .

Unless provided an extension through written notification by GRANTEE, SUBRECIPIENT shall complete the following actions no later than thirty calendar days after the end date of the term of this Agreement:
• Submit, all financial, performance, and other reports as required by the terms of this Agreement;
• Liquidate all obligations incurred under the Agreement; and • Transfer to GRANTEE any accounts receivable attributable to the use of HOME funds, including HOME program income.

Notwithstanding the expiration or earlier termination of this Agreement, SUBRECIPIENT's obligations to GRANTEE shall not terminate until all closeout requirements are completed. The following obligations of SUBRECIPIENT shall survive the termination of this Agreement:
• SUBRECIPIENT'S indemnity obligations;
• the obligation to cause audits to be performed relating to SUBRECIPIENT'S activities and costs under this Agreement; • the obligation to repay to GRANTEE any HOME proceeds
improperly disbursed to SUBRECIPIENT or disbursed for ineligible expenditures;
10 • any other obligations which cannot by their nature be performed until after the expiration of the Agreement such as the submittal of final payment request and performance reports.

Any real or personal property purchased in whole or in part with HOME funds provided under this Agreement are subject to the following requirements that shall survive the termination of this Agreement:
• Insurance and reporting requirements regarding real and personal property acquired with federal funds in accordance with the uniform administrative requirements contained in the U.S. federal regulations published at 2 CFR Part 200; and
• For real property under SUBRECIPIENT's control that was acquired or improved in whole or in part with HOME funds in excess of $25,000, said property shall be used to meet one of the national objectives in 24 CFR 570.208 for five years after close out of this Agreement. If the property is disposed of within five years of the close out of this Agreement, SUBRECIPIENT shall reimburse GRANTEE the a percentage of the current fair market value of the property equal to the percentage of HOME funds expended to the overall acquisition and improvement cost of the property.

12. SUSPENSION ANDTERMINATION
Termination for Convenience. This Agreement may be terminated by either party if SUBRECIPIENT and GRANTEE mutually agree in writing to its termination and upon the termination conditions, including the effective date and in the case of partial termination, the portion to be terminated.

Furthermore, GRANTEE may suspend or terminate this Agreement if SUBRECIPIENT materially fails to comply with any terms of this Agreement.

If, through any cause, the SUBRECIPIENT fails to fulfill in timely and proper manner its obligations under this Agreement, ineffectively or improperly use funds provided under this Agreement, or if SUBRECIPIENT shall violate any of the covenants, agreements, or stipulations of this Agreement, GRANTEE shall thereupon have the right to terminate this Agreement by giving written notice to SUBRECIPIENT of such termination and specifying the effective date thereof, at least five days before the effective date of such termination. In such event, all finished or unfinished documents and reports prepared by SUBRECIPIENT under this Agreement shall, at the option of GRANTEE, become its property and SUBRECIPIENT shall be entitled to receive just and equitable payment for any satisfactory work completed subject to the limitations of this Agreement.

13. MANDATORY DISCLOSURES
SUBRECIPIENT shall provide written notice to the GRANTEE within five days of all potential conflicts of interest and violations of criminal law involving fraud, bribery, or gratuity violations potentially affecting this Agreement. Failure to make required disclosures can result in termination of the Agreement and suspension or debarment from future federal awards.
10 14. FINDINGS CONFIDENTIAL
Any reports, information or data given to or prepared by SUBRECIPIENT concerning GRANTEE under this Agreement shall not be made available to any individual or organization by SUBRECIPIENT without first submitting them to GRANTEE.

15. GENERAL CONDITIONS
SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal, State, County, and City laws, ordinances and codes. Should a Project receive additional funding after the commencement of this Agreement , SUBRECIPIENT shall notify GRANTEE in writing within thirty days of receiving notification from the funding source and submit a cost allocation plan for approval by GRANTEE within forty-five days of said official notification.

SUBRECIPIENT shall provide Workers' Compensation Insurance coverage for all of its employees involved in the performance of this Agreement.

SUBRECIPIENT shall comply with the bonding and insurance requirements set forth in 2 CFR Part 200. The SUBRECIPIENT shall additionally carry sufficient insurance and bond coverage as set forth in Exhibit "C".

SUBRECIPIENT shall subcontract all work or services through written contract or agreement subject to each provision of this Agreement and applicable City, County, State and Federal guidelines and regulations. Prior to execution of any subcontract hereunder, such subcontracts must be submitted by SUBRECIPIENT to GRANTEE for its review and approval, which will specifically include a determination of compliance. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by SUBRECIPIENT or reimbursed by GRANTEE without prior written approval.

16. INDEPENDENT CONTRACTOR
In furnishing the services provided for herein, SUBRECIPIENT is acting solelyas an independent contractor. Neither SUBRECIPIENT, nor any of its officers, agents or employees shall be deemed an officer, agent, employee, joint venturer, partner or associate of GRANTEE for any purpose. GRANTEE shall have no right to control or supervise or direct the manner or method by which SUBRECIPIENT shall perform its work and functions. However, GRANTEE shall retain the right to administer this Agreement so as to verify that SUBRECIPIENT is performing its obligations in accordance with the terms and conditions thereof.

This Agreement does not evidence a partnership or joint venture between SUBRECIPIENT and GRANTEE. SUBRECIPIENT shall have no authority to bind GRANTEE absent GRANTEE's express written consent. Except to the extent otherwise provided in this Agreement, SUBRECIPIENT shall bear its own costs and expenses in pursuit thereof.

Because of its status as an independent contractor, SUBRECIPIENT and its officers, agents and employees shall have absolutely no right to employment 11 rights and benefits available to GRANTEE's employees. SUBRECIPIENT shall be solely liable and responsible for all payroll and tax withholding and for providing to, or on behalf of, its employees all employee benefits including, without limitation, health, welfare and retirement benefits. In addition, together with its other obligations under this Agreement, SUBRECIPIENT shall be solely responsible, indemnify, defend and save GRANTEE harmless from all matters relating to employment and tax withholding for and payment of SUBRECIPIENT's employees, including, without limitation, (i) compliance with Social Security and unemployment insurance withholding, payment of workers compensation benefits, and all other laws and regulations governing matters of employee withholding, taxes and payment; and (ii) any claim of right or interest in GRANTEE employment benefits, entitlements, programs and/or funds offered employees of GRANTEE whether arising by reason of any common law, de facto, leased, or coemployee rights or other theory. It is acknowledged that during the term of this Agreement, SUBRECIPIENT may be providing services to others unrelated to GRANTEE or to this Agreement.

17. INDEMNIFICATION
To the furthest extent allowed by law including California Civil Code section 2782, SUBRECIPIENT shall indemnify, hold harmless and defend GRANTEE and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in Contract, tort or strict liability, including, but not limited to personal injury, death at any time and property damage) incurred by GRANTEE, SUBRECIPIENT or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of performance of this Agreement. SUBRECIPIENT's obligations under the preceding sentence shall apply regardless of whether GRANTEE or any of its officers, officials, employees, agents or volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or willful misconduct, of GRANTEE or any of its officers, officials, employees, agents or volunteers.

If SUBRECIPIENT should contract or subcontract all or any portion of the work to be performed under this Agreement, SUBRECIPIENT shall require each SUBRECIPIENT and/or subcontractor to indemnify, hold harmless and defend GRANTEE and each of its officers, officials, employees, agents, and volunteers in accordance with the terms of the preceding paragraph.

This section shall survive termination or expiration of this Agreement.

18. NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice.

Communication and details concerning this Agreement shall be directed to the 12 following contract representatives:

GRANTEE
City of Chowchilla
C/O Rod Pruett,
City Administrator
130 South Second Street.

Chowchilla, CA 93610

19. AMENDMENTS

SUBRECIPIENT
Self-Help Enterprises
C/O Melissa Valdez Assistant Director
8445 W Elowin Ct
P.O. Box 6520
Visalia, CA 93290
GRANTEE or SUBRECIPIENT may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the GRANTEE's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the GRANTEE or SUBRECIPIENT from its obligations under this Agreement.

GRANTEE may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both GRANTEE and SUBRECIPIENT.

20. ASSIGNMENT
SUBRECIPIENT shall not assign or transfer any interest in this Agreement without the prior written consent of the GRANTEE.

21. SEVERABILITY
If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement.

22. ATTORNEY FEES
If either party is required to commence any proceeding or legal action to enforce or interpret any term, covenant or condition of this Agreement, the prevailing party will be entitled to recover from the other party its reasonable attorney's fees and legal expenses.

23. BINDING ON ALL SUCCESSORS AND ASSIGNS
Unless otherwise expressly provided in this Agreement, all the terms and provisions of this Agreement shall be binding on and inure to the benefit of the parties hereto, and their respective nominees, heirs, successors, assigns, and legal representatives.
13 24. BINDING ON ALL SUCCESSORS AND ASSIGNS
Unless otherwise expressly provided in this Agreement, all the terms and provisions of this Agreement shall be binding on and inure to the benefit of the parties hereto, and their respective nominees, heirs, successors, assigns, and legal representatives.

25. COUNTERPARTS
This Agreement may be executed in counterparts, each of which when executed and delivered will be deemed an original, and all of which together will constitute one instrument. The execution of this Agreement by any party hereto will not become effective until counterparts hereof have been executed by all parties hereto.

26. CUMULATIVE REMEDIES
No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity. All powers and remedies given by this Agreement shall be cumulative and in addition to those otherwise provided by law.

27. EFFECTIVE DATE
This Agreement shall be effective upon the Parties' complete execution following City Council approval.

28. ENTIRE AGREEMENT
This Agreement represents the entire and integrated agreement of the parties with respect to the subject matter hereof. This Agreement supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified or amended only by written instrument duly authorized and executed by both GRANTEE and SUBRECIPIENT.

29. EXHIBITS
Each exhibit and attachment referenced in this Agreement is, by the reference, incorporated into and made a part of this Agreement.

30. EXPENSES INCURRED UPON EVENT OF DEFAULT
SUBRECIPIENT shall reimburse GRANTEE for all reasonable expenses and costs of collection and enforcement, including reasonable attorney's fees, incurred by GRANTEE as a result of one or more Events of Default by SUBRECIPIENT under this Agreement.

31. GOVERNING LAW AND VENUE
Except to the extent preempted by applicable federal law, the laws of the State of California shall govern all aspects of this Agreement, including execution, interpretation, performance, and enforcement. Venue for filing any action to enforce or interpret this Agreement will be Madera County, California. 14 32. HEADINGS
The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.

33. INTERPRETATION
This Agreement in its final form is the result of the combined efforts of the parties.

Any ambiguity will not be construed in favor or against any party, but rather by construing the terms in accordance with their generally accepted meaning.

34. NO THIRD PARTY BENEFICIARY
The rights, interests, duties and obligations defined within this Agreement are intended for the specific parties hereto as identified in the preamble of this Agreement. Notwithstanding anything stated to the contrary in this Agreement, it is not intended that any rights or interests in this Agreement benefit or flow to the interest of any third parties other than expressly identified herein. No subcontractor , mechanic, materialman, laborer, vendor, or other person hired or retained by SUBRECIPIENT shall have any rights hereunder and shall look to SUBRECIPIENT as their sole source of recovery if not paid. No third party may enter any claim or bring any such action against GRANTEE under any circumstances. Except as provided by law, or as otherwise agreed to in writing between GRANTEE and such person, each such person shall be deemed to have waived in writing all right to seek redress from GRANTEE under any circumstances whatsoever. SUBRECIPIENT shall include this paragraph in all contracts/subcontracts.

35. NO WAIVER
Neither failure nor delay on the part of the GRANTEE in exercising any right under this Agreement shall operate as a waiver of such right, nor shall any single or partial exercise of any such right preclude any further exercise thereof or the exercise of any other right. No waiver of any provision of this Agreement or consent to any departure by the SUBRECIPIENT therefrom shall be effective unless the same shall be in writing, signed on behalf of the GRANTEE by a duly authorized officer thereof, and the same shall be effective only in the specific instance for which it is given. No notice to or demand on the SUBRECIPIENT in any case shall entitle the SUBRECIPIENT to any other or further notices or demands in similar or other circumstances or constitute a waiver of any of the GRANTEE's right to take other or further action in any circumstances without notice or demand.

36. NON-RELIANCE
SUBRECIPIENT hereby acknowledges having obtained such independent legal or other advice as it has deemed necessary and declares that in no manner has it relied on GRANTEE, it agents, employees or attorneys in entering into this Agreement.
15 37. PRECEDENCE OFDOCUMENTS
In the event of any conflict between the body of this Agreement and any exhibit or attachment hereto, the terms and conditions of the body of this Agreement will control.

38. SEVERABILITY
If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.
[SIGNATURE PAGE TO FOLLOW]
IN WITNESS WHEREOF, the parties have executed this Agreement at Chowchilla, California, the day and year first above written.

Addresses:

GRANTEE: SUBRECIPIENT:

City of Chowchilla Self-Help Enterprises
Attention: Rod Pruett Attn: Melissa Valdez
City Manager Assistant Director
130 South Second Street 8445 W Elowin Ct
Chowchilla, CA 93610 P.O. Box 6520
Phone: (559) 665-8615 Visalia, CA 93290
FAX: (559) 665-2569 Phone: (559)802-1630
FAX: (559) 651-3634
Attachments:

EXHIBIT A: SCOPE OF WORK
EXHIBIT B: PROPOSED BUDGET
EXHIBIT C: INSURANCE REQUIRMENTS
EXHIBIT D: CONFLICT OF INTEREST
EXHIBIT E: CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY

CONTRACTS UNDER FEDERALAWARDS
EXHIBIT F: SHE’S CURRENT INDIRECT COST RATE
17 IN WITNESS WHEREOF, the parties have executed this Agreement at Chowchilla, California, the day and year first above written.

GRANTEE

CITY OF CHOWCHILLA

Rod Pruett, City Administrator

SUBRECIPIENT

SELF-HELP ENTERPRISES

Thomas Collishaw, CEO/President

Attachments :

EXHIBIT A: SCOPE OF WORK
EXHIBIT B: PROPOSED BUDGET
EXHIBIT C: INSURANCE REQUIRMENTS
EXHIBIT D: CONFLICT OF INTEREST
EXHIBIT E: CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY

CONTRACTS UNDER FEDERAL AWARDS
EXHIBIT F: SHE’S CURRENT INDIRECT COST RATE
19 EXHIBIT A-1

SCOPE OF WORK
Matrix Code: First-Time Homebuyer Assistance
Rehab: Single-Unit Residential
National Objective: LMH
HOME Eligibility: 24 CFR 570 202
Project Description:

Self-Help Enterprises will offer First-Time Homebuyer Assistance and Owner-Occupied Housing Assistance programs under the City’s 19-HOME-14964 grant funds and Program Income Funds to qualifying income eligible households located within the City of Chowchilla:
1) First-Time Homebuyer Assistance will be provided to income eligible household citywide to provide down payment, closing cost and gap financing that will ensure a first-time homebuyers mortgage payments are afford able.
2) Owner Occupied Rehabilitation will be provided to income eligible owner­ occupied households in need of repairs to correct conditions that threaten a household's health, general well-being, or safety and/or subjects the household to live without basic plumbing, electrical, heating, air conditioning, or security.

Records to Be Maintained
The subrecipient shall maintain records including, but not limited to Basic Activity Information
The SUBRECIPIENT shall maintain a project file that contains a full description of each activity assisted with HOME funds, including its location, the amount of HOME funds budgeted , obligated and expended for the activity, and the eligibility and national objective under which it is eligible Data on the extent to which each racial and ethnic group and have applied for, participated in, or benefited from , any program or activity funded in whole or in part with HOME funds. Such information shall be used only as a basis for further investigation as to compliance with nondiscrimination requirements No recipient is required to attain or maintain any particular statistical measure by race , ethnicity. or gender in covered programs.

Financial Management Records
The SUBRECIPIENT shall maintain financial records in accordance with the applicable requirements listed in Sec 570.502, including source documentation.

The project file must document how the HOME funds are expended Such documentation must include , to the extent applicable :
a. Invoices with supporting documentation
b. Evidence of need and no duplication of services
c. Other documentation appropriate to the nature of the activity National Objective Compliance - Low Mod Housing Activities (LMH) - Owner
The SUBRECIPIEN T shall maintain records for each owner-occupied unit, including d. The total cost of the activity, including both HOME and non­ HOME funds. e. a determination of beneficiary's household size and estimated annual income (as 20 defined under the 24 CFR 5.609) completed and signed by the SUBRECIPIENT supported by documentation such as pay stubs and other accepted forms of income verification .

SUBRECIPIENT shall ensure the HOME grant funds provided by GRANTEE are clearly identified as a subaward and include the following information:
• SUBRECIPIENT NAME: Self-Help Enterprises
• (DUNS): 056179906
• Unique ID: YWCPA31KBJY6
• State Award Identification Number:19-HOME-14964 + Program Income • State Award Date: November 15, 2021
• Period of Performance : through October 31, 2024
• Funds Obligated by this Agreement: 243,750
• Funds Obligated to SUBRECIPIENT $500,000 grant funds + up to $1 million in Program Income.
• Total Amount of the Award: $487,500
• Award project description: See Exhibit A - Scope of Work • Name of awarding agency : CA Dept. of Housing and Community Development
• Name of pass-through entity: City of Chowchilla, California Award Official Contact Information: See Section 18 - Notices
• CFDA Number : 14.239
• CFDA Name: HOME Investment Partnership Program
• HOME Program Identification of R&D: No
• Indirect cost rate for the Federal award: current rate, subject to change annually per U.S. Department of the Interior.
21 EXHIBIT B-1

PROPOSED BUDGET
# Line
Item
Approved Budget
1 Administrative Cost $12,500
2 FTHB Homebuyer Assistance including Implementation Cost $243,750 3 Owner-Occupied Rehabilitation including
Implementation Cost
$243,750
TOTAL $500,000
21 EXHIBIT C

INSURANCE REQUIREMENTS
Agreement between City of Chowchilla (“CITY”) and Self-Help Enterprises ("SUBRECIPIENT")

MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:

1. The most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01, providing liability coverage arising out of your business operations. The Commercial General Liability policy shall be written on an occurrence form and shall provide coverage for "bodily injury, " "property damage" and "personal and advertising injury" with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Agreement) with limits of liability not less than those set forth under "Minimum Limits of Insurance."

2. The most current version of ISO *Commercial Auto Coverage Form CA 00 01, providing liability coverage arising out of the ownership, maintenance or use of automobiles in the course of your business operations. The Automobile Policy shall be written on an occurrence form and shall provide coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1- Any Auto). If personal automobile coverage is used, the CITY, its officers, officials, employees, agents, and volunteers are to be listed as additional insureds.

3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.

4. Professional Liability (Errors and Omissions) that includes Cyber Liability (Privacy and Data breach) insurance appropriate to SUBRECIPIENT profession.

MINIMUM LIMITS OF INSURANCE
SUBRECIPIENT, or any party the SUBRECIPIENT subcontracts with, shall maintain limits of liability of not less than those set forth below. However, insurance limits available to CITY, its officers, officials, employees, agents, and volunteers as additional insureds, shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to the named insured:

1. COMMERCIAL GENERAL LIABILITY:
(i) $1,000,000 per occurrence for bodily injury and property damage; (ii) $1,000,000 per occurrence for personal and advertising injury; (iii) $2,000,000 aggregate for products and completed operations; and, (iv) $2,000,000 general aggregate applying separately to the work performed under the Agreement.
22 2. COMMERCIAL AUTOMOBILE LIABILITY:
$1,000,000 per accident for bodily injury and property damage.

3. WORKERS' COMPENSATION INSURANCE as required by the State of California with statutory limits.

4. EMPLOYER'S LIABILITY:
(i) $1,000,000 each accident for bodily injury;
(ii) $1,000,000 disease each employee; and,
(iii) $1,000,000 disease policy limit.

5. PROFESSIONAL LIABILITY (Errors and Omissions) & (Privacy & Data breach coverage):
(i) $1,000,000 per claim/occurrence; and,
(ii) $2,000,000 policy aggregate.

UMBRELLA OR EXCESS INSURANCE
In the event SUBRECIPIENT purchases an Umbrella or Excess insurance policy(ies) to meet the "Minimum Limits of Insurance," this insurance policy(ies) shall "follow form" and afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non-contributory basis for the benefit of the CITY, its officers, officials, employees, agents, and volunteers.

DEDUCTIBLES AND SELF-INSURED RETENTIONS
SUBRECIPIENT shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and SUBRECIPIENT shall also be responsible for payment of any self-insured retentions. Any deductibles or selfinsured retentions must be declared to on the Certificate of Insurance, and approved by, the CITY's Risk Manager or designee. At the option of the CITY's Risk Manager or designee, either:
(i) The insurer shall reduce or eliminate such deductibles or selfinsured retentions as respects CITY, its officers, officials, employees, agents, and volunteers; or
(ii) SUBRECIPIENT shall provide a financial guarantee,
satisfactory to CITY's Risk Manager or designee,
guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall CITY be responsible for the payment of any deductibles or self-insured retentions.

OTHER INSURANCE PROVISIONS/ENDORSEMENTS
The General Liability and Automobile Liability insurance policies are to contain, or be endorsed to contain, the following provisions:

1. CITY, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds. SUBRECIPIENT shall establish additional insured status for the City and for all ongoing and 23 completed operations by use of ISO Form CG 20 10 11 85 or both CG 20 10 10 01 and CG 20 37 10 01 or by an executed manuscript insurance company endorsement providing additional insured status as broad as that contained in ISO Form CG 20 10 11

85. 2. The coverage shall contain no special limitations on the scope of protection afforded to CITY, its officers, officials, employees, agents, and volunteers. Any available insurance proceeds in excess of the specified minimum limits and coverage shall be available to the Additional Insured.

3. For any claims relating to this Agreement, SUBRECIPIENT's insurance coverage shall be primary insurance with respect to the CITY, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees, agents, and volunteers shall be excess of SUBRECIPIENT's insurance and shall not contribute with it.

SUBRECIPIENT shall establish primary and non-contributory status by using ISO Form CG 20 01 04 13 or by an executed manuscript insurance company endorsement that provides primary and noncontributory status as broad as that contained in ISO Form CG 20 010413.

The Workers' Compensation insurance policy is to contain, or be endorsed to contain, the following provision: SUBRECIPIENT and its insurer shall waive any right of subrogation against CITY, its officers, officials, employees, agents, and volunteers.

If the Professional Liability (Errors and Omissions) with Cyber Liability insurance policy is written on a claims-made form:

1. The retroactive date must be shown and must be before the effective date of the Agreement or the commencement of work by
SUBRECIPIENT.

2. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the Agreement work or termination of the Agreement, whichever occurs first, or, in the alternative, the policy shall be endorsed to provide not less than a five (5) year discovery period.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of the Agreement or the commencement of work by
SUBRECIPIENT, SUBRECIPIENT mustpurchase "extended
reporting" coverage for a minimum of five (5) years completion of the Agreement work or termination of the Agreement, whichever occurs first.

4. A copy of the claims reporting requirements must be submitted to CITY for review.
24 5. These requirements shall survive expiration or termination of the Agreement.

All policies of insurance required herein shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after thirty (30) calendar days written notice by certified mail, return receipt requested, has been given to CITY. SUBRECIPIENT is also responsible for providing written notice to the CITY under the same terms and conditions. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non­ renewal, or reduction in coverage or in limits, SUBRECIPIENT shall furnish CITY with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for CITY, SUBRECIPIENT shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than fifteen (15) calendar days prior to the expiration date of the expiring policy.

Should any of the required policies provide that the defense costs are paid within the Limits of Liability, thereby reducing the available limits by any defense costs, then the requirement for the Limits of Liability of these polices will be twice the above stated limits.

The fact that insurance is obtained by SUBRECIPIENT shall not be deemed to release or diminish the liability of SUBRECIPIENT, including, without limitation, liability under the indemnity provisions of this Agreement. The policy limits do not act as a limitation upon the amount of indemnification to be provided by SUBRECIPIENT. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of SUBRECIPIENT, its principals, officers , agents, employees, persons under the supervision of SUBRECIPIENT, vendors, suppliers, invitees, consultant, sub-consultant, subcontractors, or anyone employed directly or indirectly by any of them.

SUBCONTRACTORS - If SUBRECIPIENT subcontracts any or all of the services to be performed under this Agreement , SUBRECIPIENT shall require, at the discretion of the CITY Risk Manager or designee, subcontractor(s) to enter intoa separate Side Agreement with the City to provide required indemnification and insurance protection. Any required Side Agreement(s) and associated insurance documents for the subcontractor must be reviewed and preapproved by CITY Risk Manager or designee. If no Side Agreement is required, SUBRECIPIENT will be solely responsible for ensuring that it's subcontractors maintain insurance coverage at levels no less than those required by applicable law and is customary in the relevant industry.

VERIFICATION OF COVERAGE
SUBRECIPIENT shall furnish CITY with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the CITY'S Risk Manager or his/her designee prior to CITY'S execution of the Agreement and before work commences. All non-ISO endorsements amending policy coverage shall be executed by a licensed and authorized agent or broker. Upon request of 25 CITY, SUBRECIPIENT shall immediately furnish City with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement. 26 EXHIBIT D

CONFLICT OF INTEREST
YES
*
NO
1 Are you currently in litigation with the City of Chowchilla or any of its agents?
□ X
2 Do you represent any firm, organization or person who is in litigation with the City of Chowchilla?
□ X
3 Do you currently represent or perform work for any clients who do business with the City of Chowchilla?
□ X
4 Are you or any of your principals, managers or professionals, owners or investors in a business which does business with the City of Chowchilla, or in a business which is in litigation with the City of Chowchilla?
□
X
5 Are you or any of your principals, managers or professionals, related by blood or marriage to any City of Chowchilla
employee who has any significant role in the subject matter of this service?
□
X
6 Do you or any of your subcontractors have, or expect to have, any interest, direct or indirect, in any other contract in connection with this Project?
□ X
* If the answer to any question is yes, please explain in full below.

Explanation

Date

Thomas J. Collishaw, President/CEO
Self-Help Enterprises
8445 W Elowin Ct
Visalia, CA 93290
27 EXHIBIT E

CONTRACT PROVISIONS FOR NON-FEDERALENTITY CONTRACTS

UNDER FEDERAL AWARDS
In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non-Federal entity under the Federal award must contain provisions covering the following, as applicable. (A) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. (B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement.
(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department ofLabor."
(D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction").

In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination.

The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from
28 inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.
(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708).

Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements, " and any implementing regulations issued by the awarding agency.
(G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended- Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the nonFederal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387).

Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
(H) Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6201).
(I) Debarment and Suspension (Executive Orders 12549 and 12689)- A contract award (see 2 CFR 180.220) must not be made to parties listed on the government-wide Excluded Parties List System in the System for Award Management (SAM), in accordance with the 0MB guidelines at 2 CFR 180 that 29 implement Executive Orders 12549 (3 CFR Part 1986 Comp., p.189) and 12689 (3 CFR Part 1989 Comp., p. 235), "Debarment and Suspension." The Excluded Parties List System in SAM contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (J) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)-Contractors that apply or bid for an award of $100,000 or more must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. (K) See §200.322 Procurement of recovered materials.