Agenda — Firebaugh City Council, February 6, 2023 (part 2 of 2)

RECORDING REQUESTED BY:

Deputy City Clerk
City of Firebaugh
WHEN RECORDED RETURN TO:

City of Firebaugh
I 133 "P" Street
Firebaugh, CA93622

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN:
l. That the interest ofestate stated in paragraph 3 below in the real property hereinafter described is owned by the following:

NAME STREET AND NO. CITY STATE
Citv of Firebaueh I 133 "P" Street Firebaush CA
(ifmore than one owner ofthe interest stated, the name and address ofeach must be inserted)

2. That the full name and address of the owner of said interest or estate, if there is only one owner, and the full names and addresses of all the co-owners who own said interest or estate as joint tenants, as tenants in common or otherwise, if there is more than one owner, are set forth in the preceding paragraph.

3. That the nature of the title of said owner, or if more than one, then of said owner and co-owner is: In Fee.

4. That on the lTth day of November, 2022 a work of improvement on the real property hereinafter described was completed.

5. That the name of the original contractor, if any for such work of improvement was:

VSS International. Inc.
(lf no contractor for work of improvement as a whole, insert "No Contractor")

6. That the real property herein referred to is situated in the City of Firebaugh , County of Fresno, State of Califomia, and is described as follows:

Various areas on lndart Street, Cardella Street, and River Lane I declare under penalty of perjury under the laws of the State of Califomia that the foregoing is true and correct.

February 06.2023 By:

Date Signature ofOwner
Ben Galleqos, Citv Manaser
Print Name

VERIFICATION
I understand, state:

I am the person who signed the foregoing notice. I have read the above notice and know its contents, and the facts stated therein are true of my own knowledge.

I declare under penalty of perjury under the laws of the State of Califomia that the foregoing is true and correct.

Executed at Firebaugh, Califomia
This 6th day of February, 2023.

Citv of
Owner
By:

Ben Gallegos, City Manager
RESOLUTION NO.23-04

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FIREBAUGH APPROVING

THE DESIGNATION OF PERSONS ON SIGNATURE CARDS OF'THE FINANCIAL

INSTITUTIONS USED BY THE CITY WHICH AUTHORIZE SIGNATURE OF CITY

WARRANTS & PAYROLL CHECKS
WHEREAS, the City of Firebaugh, a municipal subdivision of the State of Califomia, now maintains certain bank accounts; and
WHEREAS, the financial institutions, which include but are not limited to West America Bank, United Security Bank, Bank of New York, and Local Agency Investment Fund (LAIF), require the designation and signatures of authorized personnel on signature cards and/or related documents in order to sign checks on behalf of the City; and
WIIEREAS, two signatures are required on the general warrants and payroll checks of the City; and WHEREAS, the City needs to remove previous City Council Member Marcia Sablan; and WHEREAS, the City needs to add City Council Member Elsa Lopez to be an authorized individuals to sign checks on the bank accounts of the City of Firebaugh.

NOW, TIIEREFORE, be it resolved by the City Council of the City of Firebaugh that, effective February 6, 2023, authorizes the removal of previous City Council Member Marcia Sablan and add City Council Member Elsa Lopez to the current Authorized Signature Card for any signature cards and/or related documents and the following four (4) persons are designated and authorized to sign checks on the bank accounts of the City of Firebaugh, upon signature of the appropriate signature cards and/or related documents:

Benjamin Gallegos
Elsa Lopez
Brady Jenkins
Pio Martin
Acting City Manager
Council Member
Council Member
Finance Director
The foregoing Resolution was approved and adopted at a regular meeting of the City Council of the City of Firebaugh held on the 6th day of February,2023,by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

APPROVED: ATTEST:

Felipe Perez, Mayor
City of Firebaugh
Rita Lozano, Deputy City Clerk
City of Firebaugh
RESOLUTION NO. 23-05

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF F'IREBAUGH APPROVING A SUBRECIPIENT AGREEMENT BETWEEN THE COUNTY OF'F'RESNO AI{D THE CITY OF FIREBAUGH FOR REPLACEMENT OF LAS DELTAS WATER STORAGE TAI\K WHERBAS, the City of Firebaugh owns and maintains a 500,000 gallon water storage tank ("Tank") located in the City limits near the Main Canal, south of Nees Avenue and north of Main Street, that provides storage for water supply that is pumped and sold to the rate payers in the community of Las Deltas; and WHEREAS, the Tank, pumps, and transmission mains for the same are well past their useful lives and in need of replacement (the "Project), and such Project is eligible for funding through the Coronavirus State and Local Fiscal Recovery Funds ("SLFRF") Progrum; and WHER-EAS, the County of Fresno is willing to transfer SLFRF funds to the City for the Project, subject to the City executing a SLFRF Subrecipient Agreement ("Subrecipient Agreement"); and WHEREAS, approval of the attached Subrecipient Agreement is necessary to proceed with the Project.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Firebaugh that the Subrecipient Agreement with the County of Fresno related to the Project, attached hereto as Attachment A, is approved and that the City Manager, Ben Gallegos, or his designee is authorized to execute the Subrecipient Agreement and any and all necessary documents and make all necessary expenditures related to the same on behalf of the City.

The foregoing Resolution was approved and adopted at a regular meeting of the City Council of the City of Firebaugh held on the 6th day of February 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

Council Member(s)
Council Member(s)
Council Member(s)
Council Member(s)
ATTEST:

Felipe Perez, Mayor Rita Lozano, Deputy City Clerk
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28 CORONAVIRUS STATE LOCAL FISCAL RECOVERY FUNDS
SUBRECIPIENT AGREEMENT WITH CITY OF FIREBAUGH, A NON.ENTITLEMENT UNIT OF

LOCAL GOVERMENT
THlSAGREEMENT(.,Agreement',)ismadeandenteredintothis-dayof-, 2023 ('Effective Date"), by and between the COUNW OF FRESNO, a political subdivision of the state of California ('COUNTY'), and the CITY OF FIREBAUGH, a Califomia municipalcorporation and general law city with an office at 1133 "P" Street, Firebaugh, CA93622 ("SUBRECIPIENT")' WITNESSETH:

WHEREAS, on March 11,2021, the President signed into law the American Rescue Plan Act of 2021 ('ARPA") which established the Coronavirus State and Local Fiscal Recovery Funds ('SLFRF") Program;and
WHEREAS, the ARPA authorizes the COUNTY to expend SLFRF awarded to the COUNTY for the following eligible purposes, outlined in the lnterim Final Rule and Final Rule as follows (each an "Elig ible Use," collectively "Elig ible Uses"):
(1) To respond to the COVID-19 public health emergency or its negative economic impacts; (2) To respond to workers performing essential work during the COVID-19 public health emergency;
(3) For the provision of government services to the extent of the reduction in revenue due to the COVID-19 public health;
(4) To make necessary investments in water, sewer, or broadband infrastructure; and WHEREAS, the ARPA defines "Non-entitlement units of local government" (NEUs) to mean a "city" as that term is defined in Section 102(aX5) of the Housing and Community Development Act of 1974, (42 U.S.C. 5302 (aXS), that is not a metropolitan city; and WHEREAS, the SUBRECIPIENT, an NEU, and also a recipient of SLFRF, received a direct allocation from the United States Department of the Treasury (Treasury) in the amount $1,984,580, subject to the SLFRF award terms and conditions required by the Treasury; and WHEREAS, under Section 602(cX3) and 603(c)(3) of the ARPA, the COUNTY, a recipient of SLFRF, may transfer SLFRF to other constituent units of government, including other SLFRF recipients, for I
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28 that unit of government to carry out an eligible use of funds by the transferor, provided that the County receives a benefit proportionate to the amount transferred; and WHEREAS, the SUBRECIPIENT provides potable water supply through a public distribution system consisting of six active groundwater wells, booster pumps, two different water treatment sites, three water storage tanks, and approximately 35 miles of distribution pipelines that serves approximatelY 1,642 active service connections consisting of domestic, commercial, and industrial users in an area with an estimated population of 8,126 residents; and
WHEREAS, the SUBRECIPIENT is identified in Qualified Census Tracts (QTCs: 06019008403, 8301, and 8303) as designated by the Department of Housing and Urban Development, and is considered a disadvantaged community, with a reported median household income of $36,667; and WHEREAS, the SUBRECIPIENT is located within the boundaries of the COUNTY, and the SUBRECIPIENT provides potable water supply through contract with the Las Deltas Mutual Water Company to the unincorporated community of Las Deltas, a sparsely populated rural residential community located south of the SUBRECIPIENT's city limits, which consists of 107 service connections that serve approximately 375 residents of the COUNTY; and
WHEREAS, the SUBRECIPIENT represents that in 2017, Self-Help Enterprise conducted a doorto.door survey that targeted 61 rural residential homes in the community of Las Deltas that showed that over 70o/o of the residents of the surveyed homes were Hispanic and 30% were Caucasians, and the reported median household income averaged $34,458; and
WHEREAS, the COUNTY has a vested interest in ensuring that all individuals in the COUNTY have access to safe, clean, affordable, and access to a reliable potable water supply within the COUNW's boundaries; and
WHEREAS, during the course of the COVID-19 pandemic, California's severe drought has impacted San Joaquin Valley's rural communities the most, in particular, rural public water systems that solely rely on groundwater pumping to serve its residents and rate payers; and WHEREAS, the Final Rule has designated necessary investment in water infrastructure to be one that meets the eligibility requirements of the Drinking Water State Revolving Fund (DWSRF) as implemented by the Environmental Protection Agency (EPA), including the DWSRF eligible project 2 1
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28 category of storage; and
WHEREAS, the SUBRECIPIENT represents that it owns a 500,000 gallon water storage tank (Tank) located in the SUBRECIPIENT's city limits near the Main Canal, south of Nees Avenue and north of Main Street, that provides storage for water supply that is pumped and sold to the rate payers in the community of Las Deltas; and
WHEREAS, the SUBRECIPIENT represents that the Tank, pumps, and transmission mains used to supply potable water to the community of Las Deltas are well past their useful lives; the Tank has visible damage and the roof continues to deteriorate, and SUBRECIPIENT represents that storage has been significantly reduced to mitigate further damage, and to reduce the risk of compromising the Tank's integrity, which has the potential to become an immediate threat to the community of Las Deltas water supply; and
WHEREAS, the SUBRECIPIENT represents that the proposed infrastructure improvement meets the eligibility requirements of the DWSRF under the water storage facilities for disadvantaged communities, as it would fund expenditures for the construction and replacement of the Tank, which is designed to increase the SUBRECIPIENT's water storage capacity and correct the water system pressure deficiency during peak hours in the community of Las Deltas; and WHEREAS, the Treasury interprets "necessary" investment in infrastructure in the Final Rule to mean: 1) responsive to an identified need to achieve or maintain an adequate minimum level of service, which for some eligible project categories may include a reasonable projection of increased need, whether due to population growth or otherwise and, 2) a cost-effective means for meeting that need, taking into account available alternatives; and
WHEREAS, the SUBRECIPIENT represents that it is responsible to operate public water system number CA-1010005, which is regulated and permitted by Order Number 03-23-11PA-006 issued by the State Water Resources Control Board, Division of Drinking Water; and, WHEREAS, the transfer of SLFRF to SUBRECIPIENT under this Agreement is intended to support a strong and equitable recovery from the COVID-19 pandemic and economic downturn by making necessary investments in water infrastructure that support impacted communities, which will increase water storage capacity, correct low water pressure deficiency in the community of Las Deltas, and also improve 3 1
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the community's resiliency to the effects of climate change, including drought; and WHEREAS, based on the SUBRECIPIENT's representations, COUNTY willtransfer SLFRF to SUBRECIPIENT so that the SUBRECIPIENT may fund the project administration, bid support, construction cost, supportive services, construction inspections, and easement applications for the replacement of the Tank. The Program is designed to increase the SUBRECIPIENT's water storage capacity and correct the water system pressure deficiency during peak hours in the community of Las Deltas, and will provide water storage for drought resiliency ("Program"); and WHEREAS, COUNTY has determined that the Program to be provided by SUBRECIPIENT is an eligible use of SLFRF under the ARPA, in reliance on information provided by SUBRECIPIENT; and WHEREAS, the COUNTY and SUBRECIPIENT desire to enter into this Agreement so that the COUNTY may transfer SLFRF to the SUBRECIPIENT for appropriate and qualifying expenditures, including an Eligible Use of SLFRF, as permitted under the lnterim Final Rule and Final Rule.

NOW, THEREFORE, in consideration of the mutualcovenants, terms and conditions herein contained, the parties hereto agree as follows:

1. GENERAL OBLIGATIONS OF THE SUBRECIPIENT
A. SUBRECIPIENT represents that each of the recitals, stated hereinabove and in Exhibit A to this Agreement, concerning SUBRECIPIENT, and made by SUBRECIPIENT, are true and correct, and that COUNTY may rely upon each of those representations in transferring the SLFRF to SUBRECIPI ENT under this Agreement.

B. SUBRECIPIENT acknowledges that the SLFRF transferred under this Agreement is a transfer of SLFRF up to the amount stated herein to carry out the Program.

C. SUBRECIPIENT understands and agrees that the SLFRF disbursed under this award may only be spent on documented Eligible Uses in compliance with the ARPA, the United States Department of the Treasury ("TREASURY") regulations implementing section 602 and 603 of the ARPA, and guidance issued by the TREASURY regarding the foregoing.

D. SUBRECIPIENT represents that it will use the SLFRF transferred under this Agreement to fund the Program's project administration, bid support, construction cost, supportive services, construction inspections, and easement applications for the replacement and construction of a 4 1
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28 new water storage tank which would benefit the residents in the community of Las Deltas. The Program is necessary to increase the SUBRECIPIENT's water storage capacity and correct the water system pressure deficiency during peak hours in the community of Las Deltas, and will provide adequate water storage for drought resiliency.

E. During the Term of this Agreement, SUBRECIPIENT shall carry out the Program by furnishing to the COUNTY the services described in Exhibit A, Program Description, which is attached and incorporated by this reference.

F. Compliance. SUBRECIPIENT is obligated by this Agreement, and is responsible to ensure that SLFRF transferred under this Agreement are spent in compliance with all ordinances of the County of Fresno, SUBRECIPIENT's ordinances, and laws of the State of California, and all laws of the Federal government. This includes, but is not limited to, compliance with all requirements set forth in the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for FederalAwards, 2 CFR Part 200, the TREASURY's Compliance and Reporting Guidance: State and Local Fiscal Recovery Funds ("Compliance Guidance"), Department of the Treasury 31 CFR Part 35 Coronavirus State and Local Fiscal Recovery Funds lnterim Final Rule ("lnterim Final Rule") (for expenditures before Ap1l 1 ,2022) and Final Rule ("Final Rule") (for expenditures on April 1 ,2022, or later), and any subsequent updates, including TREASURY's Frequently Asked Questions. The award terms and conditions required by the TREASURY are set forth in Exhibit F, which is attached and incorporated by this reference, as provided by the TREASURY. Notwithstanding anything provided in Section 8 of this Agreement, or in this Subsection 1(F), SUBRECIPIENT has the sole responsibility for compliance under this Section 1(F).

G. Prevailinq Wase.
a. For any portion of any of the work, service, and/or function (including, but not limited to, any construction, alteration, installation, demolition, repair, or maintenance work), to be performed, either directly or on behalf of SUBRECIPIENT under any agreements with any contractors and/or suppliers (including their respective sub-contractors at any tier) or otherwise, with respect to the Program that is a "public work" for the purposes of Chapter 1 (commencing with $ 1720) of Parl7 of Division 2 of the California Labor Code (collectively, "Chapter 1 of the Labor Code"), (i) SUBRECIPIENT 5 1
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shall comply with, and cause all such contractors and/or suppliers (including their respective subcontractors at any tier) to comply with, all applicable provisions of Chapter 1 of the Labor Code with respect to the Program, and (ii) prior to causing any work to be performed under any agreements with any contractors and/or suppliers, or otherwise, SUBRECIPIENT shall incorporate all of the provisions of this Section 1(G) into such agreements.
b. SUBRECIPIENT shall promptly provide a copy to COUNTY of any correspondence, notices, and/or orders, in any written form, and/or any documents initiating legal action (collectively, "DlR Administrative or Legal Action") by or on behalf of the Director of the Department of lndustrial Relations of the State of California, including any representative thereof (collectively, the "DlR") to or against SUBRECIPIENT, and SUBRECIPIENT's written responses, in any written form, thereto, that relate to any work, or any portion thereof, provided however, SUBRECIPIENT's provision of such copy of any DIR Administrative or Legal Action, and/or SUBRECIPIENT's responses thereto, or failure to provide same or to timely provide same, shall not impose any obligation upon COUNTY with respect to SUBRECIPIENT's obligations under this Section 1 (G). SUBRECIPIENT acknowledges that the DIR provides the following internet resource:
https://wnry.dir. ca.oov/OPRL/DPreWaqeDetermination. htm c. COUNry does not make any representation, or provide any guidance, to SUBRECIPIENT as to (i) the nature, type, or scope of the work, or any portion thereof, to be performed by SUBRECIPIENT, either directly or under any agreements with any contractors and/or suppliers (including their respective sub-contractors at any tier), that constitutes a "public work," or (ii) the sufficiency of the DIR's internet resource, above, for purposes of compliance with this Section 1(G). The provisions of this Section 1 (G) shall survive the termination of this Agreement.

H. Timeline. SUBRECIPIENT shall ensure that the Program is diligently undertaken and completed, and all SLFRF transferred under this Agreement are fully expended, no later than December 31 , 2026. By August 31 , 2024, SUBRECIPIENT shall analyze, and shall report to COUNTY in writing, whether it can complete the Program or fully expend the SLFRF transferred under this Agreement by December 31,2026. lf SUBRECIPIENT is not capable of completing the Program or fully expending the SLFRF transferred under this Agreement on the Program by December 31,2026, 6 1
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SUBRECIPIENT shall return any previously issued SLFRF, which have not been bindingly obligated to a permissible use, to COUNry within fifteen calendar days. Additionally, SUBRECIPIENT shall account for all SLFRF which have not been bindingly obligated to a permissible use by December 31 ,2024, and shall remit the same unobligated SLFRF to the COUNry within thirty calendar days. l. No Litiqation. SUBRECIPIENT shall not use any SLFRF transferred by the COUNTY in litigation, or to pay any enforcement agency, including, but not limited to, any fines or penalties, or similar charges, and shall notify the COUNTY of any legal action which is filed by or against SUBRECIPIENT. To the extent permitted by law, SUBRECIPIENT shall not institute any action or suit at law or in equity against COUNry, nor institute, prosecute, or any way aid in the institution or prosecution of any claim, demand, action, or cause of action for equitable relief, damage, loss, or injury either to person or property, or both, whether developed or undeveloped, resulting or to result, known or unknown, past, present, or future, arising out of, in any way, the terms of this Agreement.

J. SUBRECIPIENT agrees that if the SUBRECIPIENT receives SLFRF from any other local or state entity for all or any part of the Program for which the SUBRECIPIENT has received SLFRF from COUNTY under this Agreement, the SUBRECIPIENT shall contact COUNTY in writing within five (5) business days. The SUBRECIPIENT agrees that it may be required to return all or part of the SLFRF received from the COUNTY if the total amount of SLFRF from all local and state entities exceeds the Program's budget, and if the SUBRECIPIENT does not intend to expand the Program.

K. None of the personnel employed in the administration of the Program shall be in any way, or to any extent engaged in, the conduct of political activities prohibited by Chapter 15 of Title 5, U.S. Code, as applicable.

L. None of the SLFRF to be transferred under this Agreement shall be used for any partisan political activity, or to support or defeat legislation pending before Congress.

2. PROCUREMENT REQUIREMENTS
A. SUBRECIPIENT shall comply with all procurement requirements specified in the Uniform Guidance, including, but not limited to, 2 CFR Part 200 et. seq.

B. SUBRECIPIENT shalltake all necessary afiirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible, when 7 1
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28 procuring goods and services under this Agreement, including the affirmative steps described in 2 CFR $ 200.321.

C. As appropriate, and to the extent consistent with law, SUBRECIPIENT shall provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products).

D. SUBRECIPIENT agrees to prioritize in its procurement decisions employers who can demonstrate that their workforce meets high safety and training standards (e.9., professional certification, licensure, and/or robust in-house training), that hire local workers and/or workers from historically underserved communities, and who directly employ their worKorce or have policies and practices in place to ensure contractors and subcontractors meet high labor standards, and to prioritize employers (including contractors and subcontractors) without recent violations of federal and state labor and employment laws.

E. All contracts made by SUBRECIPIENT in excess of $100,000 with respect to water, sewer, or broadband infrastructure projects that involve employment of mechanics or laborers must include a provision for compliance with certain provisions of the Contract Work Hours and Safety Standards Act, 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5).

3. REPORTING REQUIREMENTS
A. SUBRECIPIENT, as a direct recipient of SLFRF, is required to track eligible expenditures and routinely submit Project and Expenditure Reports, including Quarterly Expenditure Reports, Annual Performance Reports, and Final Report directly to the TREASURY for the implementation of the Program.

B. Quarterly Program Expenditure Report: SUBRECIPIENT shall submit a copy of its Project and Expenditure Report specific to this Program to the COUNTY's designated contact, as designated by the COUNW's County Administrative Officer in writing at the execution of this Agreement, and Quarterly Program Expenditure Reports through the term of this Agreement as provided by this Section 3(A). The reports shall contain, but are not limited to, the information described in Exhibit C, which is attached and incorporated by this reference, and must include a statement, signed by the SUBRECIPIENT, indicating that all expenditures in the report comply with the lnterim Rule and the Final Rule, as applicable, and ARPA guidelines for the SLFRF, as set forth by the TREASURY. 8 1
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28 Quarterly expenditure reports shall be submitted to COUNTY no later than fifteen (15) days after the end of each quarter listed below for the term of this Agreement, beginning with the first quarter ending after the Effective Date:
1) January 1 - March 31 , due by April 15
2) April 1 - June 30, due by July 15
3) July 1 - September 30, due by October 15
4) October 1 - December 31, due by January 15
C. Annual Performance Report: \Mthin fifteen (15) days afier each June 30, SUBRECIPIENT shall submit a copy of its "Annual Performance Report" to the COUNry, covering all performance by the SUBRECIPIENT under this Agreement for the fiscalyear ending that June 30th. The report shall contain, but not be limited to, the information contained in Exhibit D, which is attached and incorporated by this reference.

D. Final Report: SUBRECIPIENT shall submit a copy of its Final Program Report within thirty (30) days upon completion of the Program. A Final Report shall include an accounting of all costs and expenses incurred by SUBRECIPIENT, and any other information as the COUNTY deems necessary to facilitate closeout of the Program, and ensure COUNTY's obligations and requirements under the SLFRF Program are met. The Final Program Report is not complete until COUNTY has delivered to SUBRECIPIENT written acceptance of the Final Program Report.

4. NONDISCRIMINATION
A. During any period in which SUBRECIPIENT is in receipt of SLFRF from COUNTY, SUBRECIPIENT and its Board, officers, employees, agents, representatives or subcontractors shall not unlaMully discriminate in violation of any Federal, State or local law, rule or regulation against any employee, applicant for employment or person receiving services under this Agreement because of race, religious creed, color, nationalorigin, ancestry, physicalor mentaldisability including perception of disability, medicalcondition, genetic information, pregnancy related condition, marital status, gender/sex, sexual orientation, gender identity, gender expression, age (over 40), political affiliation or belief, or military and veteran status. SUBRECIPIENT and its officers, employees, agents, representatives or subcontractors shallcomply with all applicable Federal, State and local laws and regulations related to non-discrimination I
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and equalopportunity, including, without limitation, the COUNTY's non-discrimination policy; Title Vl of the Civil Rights Act of 1964 (42 US.C. sections 2000d et seq.) and TREASURY's implementing regulations at 31 C.F.R. Parl22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federalfinancialassistance;The Fair Housing Act, Title Vlll of the Civil Rights Act of 1968 (42 U.S.C. sections 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability; Section 504 of the Rehabilitation Act of 1973, as amended (42 U.S.C. sections 6101 et seq.), and the TREASURY's implementing regulations at 31 C.F.R. parl23,whichprohibitdiscriminationonthebasisof ageinprogramsoractivitiesreceiving federal financial assistance; and Title ll of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. sections 12101et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and localgovernments or instrumentalities or agencies thereto; The Fair Employment and Housing Act (Government Code sections 12900 et seq.); California Labor Code sections 1101, and 1102; the Federal Civil Rights Act of 1964 (P.L. 88-352), as amended; and all applicable regulations promulgated in the California Code of Regulations or the Code of Federal Regulations.

B. SUBRECIPIENT shall include the non-discrimination and compliance provisions of this Section 4 in all subcontracts to perform work under this Agreement.

C. SUBRECIPIENT shall provide a system by which recipients of service shall have the opportunity to express, and have considered, their views, grievances, and complaints regarding SU BRECI Pl ENT's delivery of services.

5. CONFLIGTS OF : ETHICS
A. SUBRECIPIENT understands and agrees that it must maintain a conflict-of-interest policy consistent with 2 CFR S 200.318(c), and that such conflict-of-interest policy is applicable to each activity funded under this award. SUBRECIPIENT must disclose in writing to the TREASURY and to COUNTY any potential conflict of interest affecting the awarded SLFRF in accordance with 2 CFR S 200.12. Further, no officer, agent, consultant, or employee of SUBRECIPIENT may seek or accept any gifts, service, favor, employment, engagement, remuneration, or economic opportunity which would tend to improperly influence a reasonable person in that position to depart from the faithful and impartial discharge 10 1
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28 of the duties of that position.

B. No officer, agent, consultant, or employee of SUBRECIPIENT may use his or her position to secure or grant any unwarranted privilege, preference, exemption, or advantage for himself or herseff, any member of his or her household, any business entity in which he or she has a financial interest, or any other person.

C. No officer, agent, consultant, or employee of the SUBRECIPIENT may participate as an agent of the SUBRECIPIENT in the negotiation or execution of any contract between SUBRECIPIENT and any private business in which he or she has a financial interest.

D. No officer, agent, consultant, or employee of SUBRECIPIENT may suppress any report or other document because it might tend to affect unfavorably his or her private financial interests.

E. No officer, agent, consultant, employee, or elected or appointed official of the COUNTY, or SUBRECIPIENT, shall have any interest, direct or indirect, financial, or otherwise, in any contract, subcontract, or agreement with respect thereto, or the proceeds thereof, either for himself or herself, or for those whom he or she has family or business ties, during his or her tenure, or for one year thereafter, for any of the work to be performed pursuant to the Program.

6. REQUIRED LICENSES. CERTIFICATES. AND PERMITS
A. Any licenses, certificates or permits required by the federal, state, county, or municipal governments for SUBRECIPIENT to provide the services and operate the Program described in Exhibit A must be procured by SUBRECIPIENT, and be valid at the time SUBRECIPIENT enters into this Agreement.

B. SUBRECIPIENT must maintain such licenses, certificates and permits in fullforce and effect. Licenses, certificates and permits may include, but are not limited to, driveds licenses, professional licenses or certificates, and business licenses. Such licenses, certificates, and permits will be procured and maintained by SUBRECIPIENT at no expense to the COUNTY.

C. SUBRECIPIENT must show proof of established "indirect cost rates," as defined by the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for FederalAwards, (5 U.S.C. 301;2 CFR 200) with either the Federal Government, or a final negotiated "indirect cost rate" with COUNTY that complies with the Uniform Guidelines within 3 months of receipt of SLFRF. 11 I
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7. OFFICE SPACE. EOUIPMENT. AND TING OVERHEAD
SUBRECIPIENT shall provide alloffice space, supplies, equipment, vehicles, reference materials, and telephone service necessary for SUBRECIPIENT to provide the services and operate the Program identified in Exhibit A to this Agreement. COUNTY is not obligated to reimburse or pay SUBRECIPIENT for any expense or cost incurred by SUBRECIPIENT in procuring or maintaining such items. Responsibility for the costs and expenses incurred by SUBRECIPIENT in providing and maintaining such items is the sole responsibility and obligation of SUBRECIPIENT, and if funded by SLFRF, shall comply with the Uniform Cost Administrative Principles, and Audit Requirements for FederalAwards.

8. SUBRECIPIENT'S ACKNOWLEDGEMENT OF COUNTY'S REPORTING TO TREASURY A. SUBRECIPIENT acknowledges that COUNW is obligated to comply with TREASURY's Compliance and Reporting Guidance, which includes submitting mandatory periodic reports to TREASURY.

B. SUBRECIPIENT acknowledges that COUNTY is accountable to the TREASURY for SUBRECIPIENT oversight, including ensuring SUBRECIPIENT's compliance with the SLFRF program, SLFRF Award Terms and Conditions, Treasury's lnterim Final Rule or Final Rule, as applicable, and reporting requirements, as applicable.

C. Notwithstanding anything to the contrary in this Section 8, (i) SUBRECIPIENT's compliance with ARPA and this Agreement are a pre-condition to COUNTY's obligations under Subsections A and B of this Section 8, (ii) nothing in Subsections A or B of this Section 8 relieve SUBRECIPIENT of its obligaiions under ARPA and this Agreement, and (iii) Subsections A and B of this Section I are for the purpose of informing SUBRECIPIENT that COUNTY has certain obligations to TREASURY, the performance of which depend on SUBRECIPIENT's compliance with ARPA and this Agreement, and in no way create any enforceable obligation by SUBRECIPIENT against COUNTY.

9. PENALTIES
SUBRECIPIENT acknowledges that under ARPA, failure to comply with the restrictions on use as described herein, may result in the TREASURY's recoupment of SLFRF from the COUNry, and that in such an event, COUNTY would recoup the SLFRF from SUBRECIPIENT.

SUBRECIPIENT also acknowledges that if SUBRECIPIENT fails to comply with the U.S. 12 1
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28 Constitution, Federal statutes, regulations or the terms and conditions of this Federal award, the COUNTY may impose additional conditions, as described in 2 CFR S 200.208. lf the COUNTY determines that noncompliance cannot be remedied by imposing additionalconditions, the COUNTY may take one or more of the following actions, as appropriate in the circumstances:

A. Demand repayment of SLFRF issued to SUBRECIPIENT. SUBRECIPIENT shall refund SLFRF upon demand by COUNTY.

B. Temporarily withhold cash payments pending correction of the deficiency by SUBRECIPIENT, or more severe enforcement action by the COUNW; C. Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance; D. Wholly or partly suspend or terminate the SLFRF;
E. Recommend the TREASURY initiate suspension or debarment proceedings; F. Withhold further SLFRF for the Program; and
G. Take other remedies that may be legally available.

10. FINANCIALMANAGEMENT
A. Att of the SLFRF received by SUBRECIPIENT shall be maintained by SUBRECIPIENT in a separate account (the "SLFRF Account"), which shall be distinct from any and all other accounts or funds of the SUBRECIPIENT, and any interest, income, or increase in such SLFRF as a result of any investment thereof shall be maintained in such SLFRF Account for the sole authorized use under this Agreement, provided that, in the event SUBRECIPIENT has more than one authorized use of such SLFRF under this Agreement, SUBRECIPIENT may have such number of such separate accounts that correspond to each such authorized use provided further that such separate accounts are subjectto this Section 1O(A), and are segregated and identified by a unique identifier. ln no event shall any such SLFRF be placed in any investment that may be withdrawn only upon payment of penalty, fee, or charge.

B. SUBRECIPIENT must provide to COUNTY evidence of SUBRECIPIENT's financial accountability. SUBRECIPIENT shallcomply with all applicable Uniform Guidance 13 1
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28 requirements. SUBRECIPIENT shall consult with COUNry if SUBRECIPIENT is not certain which Uniform Guidance requirements apply or how they apply.

C. Pursuant to 2 CFR 200.303, the SUBRECIPIENT shall develop and implement written internal controls that are effective to ensure that funding decisions under the SLFRF constitute Eligible Uses of SLFRF, and shall document allfunding decisions. Upon request by COUNTY, the SUBRECIPIENT shall provide the written internal controls and documentation of funding decisions to the COUNTY.

D. SUBRECIPIENT shall submit to the COUNW a copy of SUBRECIPIENT's most recent single audit under 2 CFR Part 200, or a certification that SUBRECIPIENT expended less than $750,000 of Federal funds during that reporting period. lf SUBRECIPIENT submits a letter stating it expended less than $750,000 in Federal funds, SUBRECIPIENT shall provide a recent financial statement certified by an appropriate officer or employee of the SUBRECIPIENT. Financial accountability submissions shall be provided to County of Fresno, County Administrative Office located at2281Tulare, Room 304, Fresno, CA93721, or electronically to e-mail address fresnocao@fresnocou ntvca. gov.

E. SUBRECIPIENT certifies that neither it, nor its principals, are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. This certification is made pursuant to the regulations implementedby 2 CFR Part 200, Subpaft200.214, Debarment and Suspension, and any relevant program-specific regulations. This provision shall be required of every subcontractor receiving any payment in whole or in part from Federalfunds.

F. SUBRECIPIENT shall record all costs of the Program by budget line items, which shall be supported by adequate source documentation, including payroll ledgers, time records, invoices, contracts, vouchers, orders, and other accounting documents evidencing in proper detail the nature and propriety of all costs. At any time during normal business hours, SUBRECIPIENT's financial transactions with respect to the Program may be audited by the COUNTY or independent auditors contracted by the COUNTY, or any combination thereof. The representatives of the auditing agency or agencies shall have access to all books, documents, accounts, records, reports, files, papers, things, property, 14 1
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28 contractors of program services, and other persons pertaining to such financial transactions and necessary to facilitate the audit.

G. Copies, excerpts, or transcripts of all of the books, documents, papers, and records, including invoices, payroll registers, time records, contracts, and accounting documents concerning matters that are reasonably related to the Program shall be provided upon request to the COUNTY.

H. SUBRECIPIENT shall review and approve eligible expenditures for the transferred SLFRF award for items described in Exhibit B, which is attached and incorporated by this reference.

SUBRECIPIENT shall not make any changes in the line-item expenditures in Exhibit B without prior written approval of the COUNTY.
l. No cash reimbursement for purchases of any kind is allowable.

11. TERM
The term of this Agreement shall comply with ARPA Guidelines, and shall commence on the Effective Date, until COUNry has delivered to SUBRECIPIENT written acceptance of the Final Program Report under Section 3(C) of this Agreement, unless sooner terminated as provided herein.

Notwithstanding timelines provided in this Agreement, SUBRECIPIENT may only use ARPA SLFRF to cover costs incurred during the time period set forth by the TREASURY. The COUNTY's written acceptance of the Final Program Report under Section 3(C) of this Agreement shall include the COUNTY's written notification to the SUBRECIPIENT, on behalf of COUNTY, that the Agreement term has ended. The County Administrative Officer or his or her designee is authorized to execute this written acceptance of the Final Program Report and notification of term end to SUBRECIPIENT.

12. TERMINATION
A. Non-Allocation of Funds:The terms of this Agreement, and the services to be provided hereunder, are contingent on the approval of funds by the appropriating government agency.

Should sufficient funds not be allocated, the services provided may be modified, or this Agreement terminated by COUNTY, at any time without penalty to COUNTY by giving the SUBRECIPIENT thirty (30) days advance written notice.

B. Breach of Contract: The COUNTY may immediately suspend or terminate this 15 1
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28 Agreement in whole or in part, where in the determination of the COUNTY there is:
1) An illegalor improper use of funds;
2) A failure to comply with any term of this Agreement; 3) A substantially incorrect or incomplete report submitted to the COUNTY; 4) lmproperly performed service.
ln no event shall any payment by the COUNTY constitute a waiver by the COUNTY of any breach of this Agreement or any default which may then exist on the part of the SUBRECIPIENT. Neither shall such payment impair or prejudice any remedy available to the COUNW with respect to the breach or default. The COUNTY shall have the right to demand of the SUBRECIPIENT the repayment to the COUNTY of any SLFRF disbursed to the SUBRECIPIENT under this Agreement, which in the judgment of the COUNW were not expended in accordance with the terms of this Agreement. The SUBRECIPIENT shall promptly refund any such SLFRF upon demand.

C. Without Cause: Under circumstances other than those set forth above, this Agreement may be terminated by COUNW by giving thirty (30) days advance written notice of an intention to terminate to SUBRECIPIENT.

13. GRANTFUNDING/COMPENSATION
A. The parties understand that funding for this Agreement is SLFRF provided pursuant to ARPA, codified at Title 31 CFR Part 35, and any amendments thereafter. COUNW agrees to transfer to SUBRECIPIENT, and SUBRECIPIENT agrees to receive such transfers in two installments, up to the total SLFRF transfer amount not to exceed two million, eight-hundred thirty-two thousand, one hundred dollars ($2,832,100).

It is expressly agreed and understood that the total amount of SLFRF to be transferred by COUNTY to SUBRECIPIENT for the Program shall not exceed two million, eight-hundred thirty-two thousand, one hundred dollars ($2,832,100) to fund the replacement and construct of a new water storage tank in accordance with the DWSRF, which is necessary to increase the SUBRECIPIENT's water storage capacity and correct the water system pressure deficiency during peak hours in the community of Las Deltas, will respond to the drinking water needs identified by the SUBRECIPIENT, and will improve drinking water drought resiliency in the disadvantaged community of Las Deltas, which is an eligible use 16 1
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under the Final Rule. This Program will provide a benefit to residents of the COUNTY, as it will increase water storage and availability for approximately 375 residents living in the community of Las Deltas.

SLFRF transferred under this Agreement will fund the Program's project administration, bid support, construction cost, supportive services, construction inspections, and easement applications for the replacement of the Tank.

Following the Effective Date of this Agreement, the SUBRECIPIENT shall request the COUNTY to transfer SLFRF to fund the Program's anticipated costs for grant administration and project support, easement acquisition, and bidding support services for an amount not to exceed fifty-two thousand dollars ($52,000) to cover eligible expenditures shown on Table 1-1 of Exhibit B. The SUBRECIPIENT shall then make a second written request to the COUNTY to transfer a second payment in advance for the construction phase of the Program's budget ($2,780,100) in accordance with this Agreement. The SUBRECIPIENT anticipates that the Program will be completed in 27 months. The SUBRECIPIENT's transfer requests to COUNTY shall include supporting information for the implementation of the Program as represented in Table 1-1, of this Agreement. After appropriate review and inspection of the transfer request, the COUNTY shall transfer payment to SUBRECIPIENT in a timely manner. The SUBRECIPIENT is responsible for monitoring and reporting quarterly expenditure reports directly to the TREASURY forthe implementation of the Program, as described in Exhibit A. SUBRECIPIENT is responsible for monitoring, approving expenditures, and reporting timely quarterly expenditure reports directly to the TREASURY for the implementation of the Program. SUBRECIPIENT shall submit copies of its quarterly expenditure reports, project progress reports, and supporting documentation to the COUNTY, as described in Section 3(B) of this Agreement. SUBRECIPIENT shall submit copies of its quarterly expenditure reports, project progress reports, and supporting documentation to the County of Fresno, County Administrative Office located a|2281 Tulare, Room 304, Fresno , CA93721, or electronically, to e-mail address [email protected]. lf SUBRECIPIENT fails to comply with any provision of this Agreement, COUNTY shall be relieved of its obligations for further compensation.

B. To ensure compliance with Federal and State regulations, COUNTY may require additional supporting documentation or clarification as follows:
i. COUNTY staff shall notiff SUBRECIPIENT to obtain necessary additional 17 1
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28 documentation or clarification.
ii. SUBRECIPIENT shall respond within five (5) business days with required additional documentation or clarification.

C. All expenses incidental to SUBRECIPIENT's performance of services in carrying out its Program under this Agreement shall be borne by SUBRECIPIENT. Except as expressly provided in this Agreement, SUBRECIPIENT shall not be entitled to, nor receive from COUNTY, any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement. COUNTY shall not withhold any Federal or State income taxes or Social Security tax from any payments made by COUNTY to SUBRECIPIENT under the terms and conditions of this Agreement.

Payment of all taxes and assessments on such sums is the sole responsibility of SUBRECIPIENT.

COUNTY has no responsibility or liability for payment of SUBRECIPIENT's taxes or assessments.

14. ln performance of the work, duties and obligations assumed by SUBRECIPIENT under this Agreement, it is mutually understood and agreed that SUBRECIPIENT, including any and allof the SUBRECIPIENT's officers, agents, and employees will at all times be acting and performing as an independent contractor, and shall act in an independent capacity and not as an officer, agent, servant, employee, joint venturer, partner, or associate of the COUNTY. Furthermore, COUNTY shall have no right to control or supervise or direct the manner or method by which SUBRECIPIENT shall perform its work and function. However, COUNry shall retain the right to administer this Agreement so as to veriff that SUBRECIPIENT is performing its obligations in accordance with the terms and conditions thereof.

SUBRECIPIENT and COUNTY shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over all matters subject thereto. Because of its status as an independent contractor, SUBRECIPIENT shall have absolutely no right to employment rights and beneflts avaihble to COUNTY employees. SUBRECIPIENT shall be solely liable and responsible for providing to, or on behalf of, its employees all legally-required employee benefits. ln addition, SUBRECIPIENT shall be solely responsible and save COUNTY harmless from all matters relating to payment of SUBRECIPIENTs employees, including compliance with Social Security withholding and all other regulations governing such matters. lt is acknowledged that during the term of this Agreement, 18 1
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SUBRECIPIENT may be providing services to others unrelated to the COUNTY or to this Agreement.

15. MODIFICATION
Any matters of this Agreement may be modified from time to time by the written consent of all the parties without, in any way, affecting the remainder.

16. NON.ASSIGNMENT
Neither party shall assign, transfer, or sub-contract this Agreement, nor their rights or duties under this Agreement without the prior written consent of the other party.

17. HOLD HARMLESS SUBRECIPIENT agrees to indemniff, save, hold harmless, and at COUNTY's request, defend the COUNTY, its officers, agents, and employees from any and all costs and expenses (including attorney's fees and costs), penalties, fines, damages, liabilities, claims, and losses occurring or resulting to COUNW in connection with the performance, or failure to perform, by the SUBRECIPIENT, its officers, agents, or employees under this Agreement, and from any and all costs and expenses (including attorney's fees and costs), penalties, fines, damages, liabilities, claims, and losses occurring or resulting to any person, firm, or corporation who may be injured or damaged by the performance, or failure to perform, of SUBRECIPIENT, its officers, agents, or employees under this Agreement.

SUBRECIPIENT shall indemnifo COUNTY against any and all actions of recoupment by the TREASURY arising from this Agreement. Such indemnification shall not be limited to the term of this Agreement. SUBRECIPIENT shall indemnify COUNTY against any and all claims or actions by any person or entity arising from any violation or alleged violation of Section 1(G), herein. The provisions of this Section 17 shall survive the expiration or termination of this Agreement. ,I8. INSURANCE
Wthout limiting the COUNTY's right to obtain indemnification from SUBRECIPIENT or any third parties, SUBRECIPIENT, at its sole expense, shall maintain in fullforce and effect, the following insurance policies or a program of self-insurance, including but not limited to, an insurance pooling arrangement or Joint Powers Agreement (JPA) throughout the term of the Agreement:

A. CommercialGeneralLiabilitv
Commercial General Liability lnsurance with limits of not less than Two Million Dollars 19 1
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28 (g2,000,000.00) per occurrence and an annual aggregate of Four Million Dollars ($4,000,000.00). This policy shall be issued on a per occurrence basis. COUNTY may require specific coverages including completed operations, products liability, contractual liability, Explosion-Collapse-Underground, fire legal liability or any other liability insurance deemed necessary because of the nature of this contract.

B. Automobile Liabilitv
Comprehensive Automobile Liability lnsurance with limits of not less than One Million Dollars ($1,000,000.00) per accident for bodily injury and for property damages. Coverage should include any auto used in connection with this Agreement.

C. Professional Liabilitv
lf SUBRECIPIENT employs licensed professional staff, (e.9., Ph.D., R.N., L.C.S.W, M.F.C.C.) in providing services, Professional Liability lnsurance with limits of not less than One Million Dollars ($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00) annual aggregate.

SUBRECIPIENT agrees that it shall maintain, at its sole expense, in fullforce and effect for a period of three (3)years following the termination of this Agreement, one or more policies of professional liability insurance with limits of coverage as specified herein.

D. Workeds Compensation
A policy of Worker's Compensation insurance as may be required by the Labor Code.

Additional Requirements Relating to lnsurance
SUBRECIPIENT shall obtain endorsements to the Commercial General Liability insurance naming the County of Fresno, its officers, agents, and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned. Such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by COUNTY, its officers, agents and employees shall be excess only and not mntributing with insurance provided under SUBRECIPIENT's policies herein. This insurance shall not be cancelled or changed without a minimum of thirty (30) days advance written notice given to COUNry.

SUBRECIPIENT hereby waives its right to recover from COUNTY, its officers, agents, and employees any amounts paid by the policy of worker's compensation insurance required by this Agreement. SUBRECIPIENT is solely responsible to obtain any endorsement to such policy that may be 20 I
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necessary to accomplish such waiver of subrogation, but SUBRECIPIENT's waiver of subrogation under this paragraph is effective whether or not SUBRECIPIENT obtains such an endorsement.

Wthin Thirty (30) days from the date SUBRECIPIENT signs and executes this Agreement, SUBRECIPIENT shall provide certificates of insurance and endorsement as stated above for all of the foregoing policies, as required herein, to the County of Fresno, County Administrative Office, Attention:

ARPA - SLFRF Coordinator,2281 Tulare Street, Room 304, Fresno, CA93721, stating that such insurance coverages have been obtained and are in full force; that the County of Fresno, its officers, agents and employees will not be responsible for any premiums on the policies; that for such worker's compensation insurance the SUBRECIPIENT has waived its right to recover from the COUNTY, its officers, agents, and employees any amounts paid under the insurance policy and that waiver does not invalidate the insurance policy;that such Commercial General Liability insurance names the County of Fresno, its officers, agents and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned; that such coverages for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by COUNTY, its officers, agents and employees, shall be excess only and not contributing with insurance provided under SUBRECIPIENT's policies herein; and that this insurance shall not be cancelled or changed without a minimum of thirty (30) days advance, written notice given to COUNTY.
ln the event SUBRECIPIENT fails to keep in effect at all times insurance coverage as herein provided, the COUNW may, in addition to other remedies it may have, suspend or terminate this Agreement upon the occurrence of such event.

All policies shall be issued by admitted insurers licensed to do business in the State of California, and such insurance shall be purchased from companies possessing a current A.M. Best, lnc. rating of A FSC Vllor better.

19. RECORDKEEPINGANDCONFIDENTIALITY
A. Pursuant to the Compliance Guidance published by TREASURY, the SUBRECIPIENT must maintain records and financial documents for five (5) years after all SLFRF have been expended or returned to TREASURY. SUBRECIPIENT acknowledges that the Compliance Guidance published by TREASURY may change, and understands that any changes must be complied with. SUBRECIPIENT is 21 1
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28 responsible to comply with any changes made to the Compliance Guidance, and COUNTY has no responsibility to notifl7 the SUBRECIPIENT of any changes to the Compliance Guidance by TREASURY.

B. SUBRECIPIENT shall maintain reasonable security measures to protect records containing personal information from unauthorized access, acquisition, destruction, use, modification, or disclosure pursuant to the California Consumer Privacy Act (CCPA)to ensure against a breach of security of personal information of clients, staff, or other individuals. SUBRECIPIENT shall have established written policies and procedures that align with CCPA, and shall follow such procedures.

Upon request, SUBRECIPIENT shall make available to COUNTY staff such written policies and procedures, and shall be monitored for compliance.

20. AUDITSAND INSPEGTIONS:

A. SUBRECIPIENT shall, at any time during business hours, and as often as the COUNTY may deem necessary, make available to the COUNTY for examination all of its records and data with respect to the matters covered by this Agreement. SUBRECIPIENT shall, upon request by the COUNTY, permit the COUNTY to audit and inspect all of such records and data necessary to ensure SUBRECIPIENT's compliance with the terms of this Agreement. SUBRECIPIENT shall allow duly authorized representatives of the COUNTY or independent auditors contracted by the COUNry, or any combination thereof, to conduct such reviews, audits, and on-site monitoring of the Program as the reviewing entity deems to be appropriate in order to determine:
1) Whether the objectives of the Program are being achieved; 2) \y'y'here the Program is being operated in an efficient and effective manner;
3) Whether management control systems and internal procedures have been established to meet the objectives of the Program; 4) \M.rether the financial operations of the Program are being conducted properly;
5) Whether the periodic reports to the COUNTY contain accurate and reliable information;
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28 with the provisions of state and federal laws and regulations and this Agreement;and
7) Whether all activities associated with the Program are in compliance with the lnterim Final Rule and Final Rule forthe SLFRF, the Compliance Guidance, and any subsequent guidance issued by TREASURY.

B. SUBRECIPIENT shall maintain all books, documents, and other materials relevant to its performance under this Agreement. These records shall be subject to the inspection, review, and audit by the COUNTY or its designees, and the TREASURY, for five (5) years following termination of this Agreement. lf it is determined during the course of the audit that the SUBRECIPIENT was reimbursed for unallowable costs under this Agreement, the ARPA Guidelines, or the Final Rule, SUBRECIPIENT agrees to promptly reimburse the COUNTY for such payments upon request.

C. SUBRECIPIENT agrees and acknowledges that if SUBRECIPIENT expends more than 9750,000 in Federalawards during a fiscalyear, SUBRECIPIENT shall be subject to an audit under the Single Audit Act and its implementing regulation at 2 CFR Part 200, Subpart F, regarding audit requirements.

21. NOTICES
The persons and their addresses having authority to give and receive notices under this Agreement include the following:

COUNTY
COUNry OF FRESNO
ARPA . SLFRF CoordiNAtOr
2281Tulare Street, Room 304
Fresno, CA93721

SUBRECIPIENT
City of Firebaugh
1133'P' Street
Firebaugh, CA93622
Attention: Ben Gallegos
City Manager
All notices between the COUNTY and SUBRECIPIENT provided for or permitted under this Agreement must be in writing and delivered either by personalservice, by first-class United States mail, by an overnight commercial courier service, or by telephonic facsimile transmission. A notice delivered by personal service is effective upon service to the recipient. A notice delivered by first-class United States mail is effective three COUNTY business days afier deposit in the United States mail, postage prepaid, addressed to the recipient. A notice delivered by an overnight commercial courier service is effective one 23 1
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28 COUNTY business day after deposit with the overnight commercial courier service, delivery fees prepaid, w1h delivery instructions given for next day delivery, addressed to the recipient. A notice delivered by telephonic facsimile is effective when transmission to the recipient is completed (but, if such transmission is completed outside of COUNTY business hours, then such delivery shall be deemed to be effective at the next beginning of a COUNry business day), provided that the sender maintains a machine record of the completed transmission. For all claims arising out of or related to this Agreement, nothing in this section establishes, waives, or modifies any claims presentation requirements or procedures provided by law, including but not limited to the Government Claims Act (Division 3.6 of Title 1 of the Government Code, beginning with section 810).

22. GOVERNING LAW
Venue for any action arising out of or related to this Agreement shall only be in Fresno County, California. The rights and obligations of the parties and all interpretation and performance of this Agreement shall be governed in all respects by the laws of the State of California. 23 ADVICE OF ATTORNEY
Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorneys, or the opportunity to seek such advice.

24. DISCLOSURE OF SELF-DEALING TRANSACTIONS
Members of the SUBRECIPIENT's Council shall disclose any self-dealing transactions that they are a party to while SUBRECIPIENT is providing goods or performing services under this Agreement. A self-dealing transaction shall mean a transaction to which the SUBRECIPIENT is a party and in which one or more of its directors has a material financial interest. Members of the SUBRECIPIENT Council shall disclose any self-dealing transactions that they are a party to by completing and signing a SelfDealing Transaction Disclosure Form, attached hereto as Exhibit E and incorporated herein by reference, and submitting it to the COUNTY prior to commencing with the self-dealing transaction or immediately thereafter.

25. ELECTRONIC SIGNATURES
The parties agree that this Agreement may be executed by electronic signature as provided in this section. An "electronic signature" means any symbol or process intended by an individual signing 24 1
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28 this Agreement to represent their signature, including but not limited to (1) a digital signature; (2) a faxed version of an original handwritten signature; or (3) an electronically scanned and transmitted (for example by PDF document) of a handwritten signature. Each electronic signature affixed or attached to this Agreement (1) is deemed equivalent to a valid original handwritten signature of the person signing this Agreement for all purposes, including but not limited to evidentiary proof in any administrative or judicial proceeding, and (2) has the same force and effect as the valid original handwritten signature of that person. The provisions of this section satisff the requirements of Civil Code section 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 2,Title2.5, beginning with section 1633.1). Each party using a digitalsignature represents that it has undertaken and satisfied the requirements of Government Code section 16.5, subdivision (a), paragraphs (1) through (5), and agrees that each other party may rely upon that representation. This Agreement is not conditioned upon the parties conducting the transactions under it by electronic means and either party may sign this Agreement with an original handwritten signature.

26. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the SUBRECIPIENT and COUNTY with respect to the subject matter hereof, and supersedes all previous Agreement negotiations, proposals, commitments, writings, advertisements, publications, and understanding of any nature whatsoever unless expressly included in this Agreement. Notwithstanding this provision, any additional requirements and/or guidelines set forth by the TREASURY regarding the uses and reporting requirements for ARPA SLFRF after the execution of this Agreement shall be understood to be integrated into this Agreement, and binding on the parties. ///
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28 lN WTNESS \ /I|EREOF, the parties hereto have executed this Agreement as of the day and year first hereinabove written.

SUBRECIPIENT COUNTY OF FRESNO
Ben Gallegos, City Manager of the
City of Firebaugh
Mailing Address:
1133 'P' Street
Firebaugh, CA 93622

FOR ACCOUNTING USE ONLY
Fund: 0026
Subclass: 91021
ORG: 1033
Account:7295
SalQuintero, Chairman of the Board of
Supervisors of the County of Fresno
ATTEST:

Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno, State of California
Deputy
By:
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Exhibit A
Program Description
SUBRECIPIENT is responsible to operate a public water distribution system (CA-1010005) that is regulated by Order Number 03-23-11PA-006 issued by the State Water Resources Control Board, Division of Drinking Water. The SUBRECIPIENT provides potable water supply to non-residential and residential rate payers in a disadvantaged community with an estimated population of 8,126 residents. The transfer of SLFRF pursuant to this Agreement will benefit the COUNTY, the unincorporated community of Las Deltas, a sparsely populated rural residential community located south of the SUBRECIPIENT's city limits that consists of 107 service connections and approximately 375 residents of the COUNTY. The City is in three Qualified Census Tracts (QTCs: 06019008403, 8301, and 8303) as designated by the Department of Housing and Urban Development, with a reported median household income of $36,667.

The SUBRECIPIENT's public distribution system consists of six active groundwater wells, booster pumps, two different water treatment sites, three water storage tanks, and approximately 35 miles of distribution pipelines that serves approximately 1,642 active service connections. The SUBRECIPIENT represents that it owns a 500,O0O-gallon water storage tank (Tank) located in the SUBRECIPIENT's city limits near the Main Canal, south of Nees Avenue and north of Main Street, that provides storage for water supply that is pumped and sold through contract to the Las Deltas MutualWater Company. The SUBRECIPIENT represents that the Tank, pumps, and transmission mains used to supply potable water to the community of Las Deltas are well past their useful lives, the Tank has visible damage and the roof continues to deteriorate, and SUBRECIPIENT represents that water storage has been significantly reduced to mitigate further damage to the Tank, and to reduce the risk of compromising the Tank's integrity, which has the potentialto become an immediate threat to the community of Las Deltas water supply. SLFRF provided under this Agreement will fund project administration, bid support, construction cost, supportive services, construction inspections, and easement applications for the replacement of the Tank. The Program is designed to increase the SUBRECIPIENT's water storage capacity, improve water availability, and correct the water system pressure deficiency during peak hours in the community of Las Deltas, and will provide water storage for drought resiliency for the SUBRECIPIENT and the residents of the community of Las Deltas.
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28 Exhibit B
Expenditure Plan
The total SLFRF amount provided under this Agreement shall not to exceed two million, eight-hundred thirtytwo thousand, one hundred dollars ($2,832,100) to fund the Program's project administration, bid support, construction cost, supportive services, construction inspections, and easement applications for the replacement of the Tank.

Line ltem Description Line ltem Budget
L Grant Administration and Project Support s 32,530
2 Preliminarv Design s
3 Design Development s
4 Construction Docume nts s
5 Final Design 5
6 Environme ntal Documents s
7 Meetings s
8 Easement Acquisition s L0,000
9 Biddi ne Su pport Se rvices s 9,000
10 Construction 5 2,324,570
II Construction Support Services s 62000
12 Construction I nspection Se rvices S 389,ooo
13 Equi pme nt (SCADA, Ge ne rator) s
Total 5 2,932,L@
Table 1-1
Expenditure Plan
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Exhibit B (continued)
Transfer Request Form
Date
County of Fresno
ARPA - SLFRF Coordinator
2281Tulare Street, Room 304
Fresno, C493721
Subject: Transfer Request for Payment:

Program SUBRECIPIENT Name
ln accordance with the executed Agreement for the above-referenced Program, the ISUBRECIPIENT NAMEI is requesting payment of $ in support of the Program.

The [SUBRECIPIENT NAME] certifies that this request for payment is consistent with the amount of work that has been completed to date, detailing items purchased, and expenses incurred or anticipated to be incurred in support of the Program in accordance with the expenditure plan (Exhibit B, Table 1-1) documented in the executed Agreement, and as evidenced by the enclosed invoices and supporting documents.

Payee Agreement # Amount
Sincerely,
[City Representative]
ISUBRECIPIENT Namel
Enclosure(s)
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Exhibit C
Quarterly Program Expenditure Report (Template)

PROGRAM
Tax ldentification Number or Unique
Entity lD (TlN or SAM):

Agreement Number:

Name of Entity: Program Name:

Reporting Period Start Date Reporting Period End Date:

Expenditure Gategory: 5 lnfrastructure, Water
Total Award: $2,832,1 00 Remaining Balance:

EXPENDITURES
5 lnfrastructure, Water

5.14 Drinking Water: Storage
TOTAL
Cumulative
Expenditures
Gumulative
Obligations
Current
Period
Current
Period
Category
to date to date nditures obri ons

PROJECT STATUS
Describe program achievements and upcoming milestones
Status Re rt select one.

Not started
completed less than 50 percent
completed more than 50 percent
Gompleted
Signature
Print Name:
31 Date
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28 Exhibit D
Annual Performance Report
All SUBRECIPIENTs that receive State and Local Fiscal Recovery Funds (SLFRF) awards are required to produce an Annual Report. The Annual Report provides information on the SUBRECIPIENT's Program, and how it plans to ensure program outcomes are achieved in an effective and equitable manner.

The initial Annual Report must cover the period from the date of award to the following June 30th and must be submitted to the County within 15 calendar days after the end of the reporting period.

Thereafter, the Annual Report will cover a 12-month period and recipients will be required to submit the report to the County within 1 5 calendar days after the end of the 12-month period (by July 1Sth). lnstructions:

RECIPIENT should consult the SLFRF Guidance on Recipient Compliance and Reporting Responsibilities (Reporting Guidance) located at: https:i/home.treasurv.qov/svstemlfilesll36/5LFRFCompliance-and-Reportinq-Guidance.pdf for detailed guidance on the submission of this report. 1 Award Julv 15.2022 - June 30,2022
Julv 1 .2022 Julv 15.2023 - 2 June 30.2023
3 Julv 1 ,2023 Julv 15.2024 - June 30,2024
4 Julv 1 .2024 Julv 15.2025 - June 30.2025
Julv 1 .2025 Julv 15.2026 - 5 June 30.2026
6 Julv 1 ,2026 Januarv 15.2027 - December 31,2026
Annual
Report
Period Covered Due Date
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28 Exhibit E
Self-Dealing Transaction Disclosure Form
33 Exhibit E

SETFDEAUNG TRANSACNON DISCTOSURE FORM
ln order to conduct business with the County of Fresno (hereinafter referred to as "County"), members of a contractor's board of directors (hereinafter referred to as "County Contractor"), must disclose any self-dealing transactions that they are a party to while providing goods, performing services, or both for the County. A self-dealing transaction is defined below:
"A self-dealing trdnsaction medns a transaction to which the corporation is a party ond in which one or more of its directors has a material financiol interest" The definition above will be utilized for purposes of completing this disclosure form.

INSTRUCTIONS
(1) Enter board member's name, job title (if applicable), and date this disclosure is being made. (2) Enter the board member's company/agency name and address. (3) Describeindetailthenatureoftheself-dealingtransactionthatisbeingdisclosedtothe County. At a minimum, include a description of the following:
a. The name of the agency/company with which the corporation has the transaction; and b. The nature of the material financial interest in the Corporation's transaction that the board member has.
(4) Describe in detail why the self-dealing transaction is appropriate based on applicable provisions of the Corporations Code.
(5) Form must be signed by the board member that is involved in the self-dealing transaction described in Sections (3) and (a).

Exhibit E
11! Company Eoard Member tnformation:

Name: Date
Job Title:
(21 Company/A8ency Name and Address:
(31 Dlsclosure lPlease descrlbe the nature of the self-deallng ransactlon you are a party tol:
{4) Explain why thls self-dealing transaction ls consistent with the re quirements of Corpontions Code 5233 (al:
{51 Authorized Slenature
Signature Date:
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1 EXHIBIT F
U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS LOCAL FISCAL RECOVERY FUND

AWARD TERMS AND CONDITIONS
Use of Funds.
a) Recipient understands and agrees that the funds disbursed under this award may only be used in compliance with section 603(c) of the SocialSecurity Act (the Act), Treasury's regulations implementing that section, and guidance issued by Treasury regarding the foregoing. b) Recipient will determine prior to engaging in any project using this assistance that it has the institutional, managerial, and financialcapability to ensure proper planning, management, and completion of such project.

2. Period of Performance. The period of performance forthis award begins on the date hereof and ends on December 31,2026. As set forth in Treasury's implementing regulations, Recipient may use award funds to cover eligible costs incurred during the period that begins on March 3,2021 and ends on December 31,2024.

3. Reportinq. Recipient agrees to comply with any reporting obligations established by Treasury as they relate to this award.

Maintenance of and Access to Records.
a) Recipient shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury's regulations implementing that section, and guidance issued by Treasury regarding the foregoing.
b) The Treasury Office of lnspector General and the Government Accountability Office, or their authorized representatives, shall have the right of access to records (electronic and otherwise) of Recipient in order to conduct audits or other investigations. c) Records shall be maintained by Recipient for a period of five (5) years after all funds have been expended or returned to Treasury, whichever is later.
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28 6.

5. Pre-award Costs. Pre-award costs, as defined in 2 C.F.R. $ 200.458, may not be paid with funding from this award.

Costs Recipient may use funds provided under this award to cover both direct and indirect costs as specified in the Scope of Work.

7. Cost Sharinq. Cost sharing or matching funds are not required to be provided by Recipient.

8. Conflicts of lnterest. Recipient understands and agrees it must maintain a conflict-of-interest policy consistent with 2 C.F.R. g 200.318(c), and that such conflict-of-interest policy is applicable to each activity funded under this award. Recipient and Recipients must disclose in writing to Treasury or the pass-through entity, as appropriate, any potential conflict of interest affecting the awarded funds in accordance with 2 c.F.R. S 200.112.

Compliance with Applicable Law and Reoulations.
a) Recipient agrees to comply with the requirements of section 602 of the Act, regulations adopted by Treasury pursuant to section 602(f) of the Act, and guidance issued by Treasury regarding the foregoing. Recipient also agrees to comply with all other applicable federal statutes, regulations, and executive orders, and recipient shall provide for such compliance by other parties in any agreements it enters into with other parties relating to this award. b) Federal regulations applicable to this award include, without limitation, the following:
i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may determine are inapplicable to this Award and subject to such exceptions as may be otherwise provided by Treasury. Subpart F - Audit Requirements of the Uniform Guidance, implementing the Single Audit Act, shall apply to this award.

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28 ii. Universal ldentifier and System for Award Management (SAM), 2 C.F.R. Parl25, pursuant to which the award term set forth in Appendix Ato2 C.F.R. Part25 is hereby incorporated by reference.
iii. Reporting Subaward and Executive Compensation lnformation , 2 C.F.R. Parl170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference.
iv. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury's implementing regulation at 31 C.F.R. Part 19.
v. Recipient lntegrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix Xll to Part 200 is hereby incorporated by reference. vi. Governmentwide Requirements for Drug-Free Wokplace, 31 C.F.R. Parl20. vii. New Restrictions on Lobbying, 31 C.F.R. Parl21.
viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 ix. U.S.C. SS 46014655) and implementing regulations.
x. Generally applicable federalenvironmental laws and regulations. c) Statutes and regulations prohibiting discrimination applicable to this award include, without limitation, the following:
i. Title Vl of the Civil Rights Act of 1964 (42 U.S.C. SS 2000d et seq.) and Treasury's ii. implementing regulations at 31 C.F.R. Parl22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance;
iii. The Fair Housing Act, Title Vlll of the Civil Rights Act of 1968 (42 U.S.C. SS 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, iv. religion, national origin, sex, familial status, or disability; 38 1
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VI
Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. S 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal fi nancial assistance;
The Age Discrimination Act of 1975, as amended (42 U.S.C. SS 6101 et seq.), and Treasury's implementing regulations at 31 C.F.R. Part23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance; and Title llof theAmericanswith DisabilitiesActof 1990, asamended (42 U.S.C. $$ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and localgovernments or instrumentalities or agencies thereto.
vil.

10. Remedial Actions. ln the event of Recipient's noncompliance with section 602 or 603 of the Act, other applicable laws, Treasury's implementing regulations, guidance, or any reporting or other program requirements, Treasury may impose additional conditions on the receipt of a subsequent tranche of future award funds, if any, or take other available remedies as set forth in 2 C.F.R. S 200.339. ln the case of a violation of section 602 (c) (1) or 603 (c) (1) of the Act regarding the use of funds, previous payments shall be subject to recoupment as provided in section 602(e) of the Act and any additional payments may be subject to withholding as provided in sections 602(bXOXAXiiXlll) of the Act, as applicable.

11. Hatch Act. Recipient agrees to comply, as applicable, with requirements of the Hatch Act (5 U.S.C. SS 1501-1508 and7324-7328), which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by this federal assistance.

12. False Statements. Recipient understands that making false statements or claims in connection with this award is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment , civildamages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law.
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13. Publications. Any publications produced with funds from this award must display the following language: "This project [is being] [was] supported, in whole or in part, by federalaward number SLFRP 3678 awarded to County of Fresno by the U.S. Department of the Treasury." Debts Owed the FederalGovernment.
a) Any funds paid to Recipient (1) in excess of the amount to which Recipient is finally determined to be authorized to retain under the terms of this award; (2) that are determined by the Treasury Office of lnspector Generalto have been misused; or (3) that are determined by Treasury to be subject to a repayment obligation pursuant to sections 602(e) and 603(bX2)(D) of the Act and have not been repaid by Recipient shall constitute a debt to the federal government. b) Any debts determined to be owed the federal government must be paid promptly by Recipient . A debt is delinquent if it has not been paid by the date specified in Treasury's initialwritten demand for payment, unless other satisfactory arrangements have been made or if the Recipient knowingly or improperly retains funds that are a debt as defined in paragraph 14(a). Treasury will take any actions available to it to collect such a debt.

15. Disclaimer.
a) The United States expressly disclaims any and all responsibility or liability to Recipient or third persons for the actions of Recipient or third persons resulting in death, bodily injury, property damages, or any other losses resulting in any way from the performance of this award or any contract, or subcontract under this award.
b) The acceptance of this award by Recipient does not in any way establish an agency relationship between the United States and Recipient.
16 Protections for \M istleblowers.
a) lnaccordancewith4l U.S.C. S4Tl2,Recipientmaynotdischarge,demote,orotherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities 40 1
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28 provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant.
b) The list of persons and entities referenced in the paragraph above includes the following:
i. A member of Congress or a representative of a committee of Congress; ii. An lnspector General;
iii. The Government Accountability Office;
iv. A Treasury employee responsible for contract or grant oversight or management; v. An authorized official of the Department of Justice or other law enforcement agency; vi. A court or grand jury; or
vii. A management official or other employee of Recipient, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct. c) Recipient shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the worKorce.

17. lncreasinq Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Recipient should encourage its contractors to adopt and enforce onthe-job seat belt policies and programs for their employees when operating company-owned, rented or personally owned vehicles.

18. Reducinq Text Messaoinq While Drivinq. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 20Og), Recipient should encourage its employees, subrecipients, and contractors to adopt and enforce policies that ban text messaging while driving, and Recipient should establish workplace safety policies to decrease accidents caused by distracted drivers
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28 ASSURANCES OF COMPLIANCE WTH CIVIL RIGHTS REQUIREMENTS ASSURANCES OF COMPLIANCE WTH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 As a condition of receipt of federal financial assistance from the Department of the Treasury, the Recipient provides the assurances stated herein. The federal financial assistance may include federal grants, loans, and contracts to provide assistance to the Recipient's beneficiaries, the use or rent of Federal land or property at below market value, Federal training, a loan of Federal personnel, subsidies, and other arrangements with the intention of providing assistance. Federal financial assistance does not encompass contracts of guarantee or insurance, regulated programs, licenses, procurement contracts by the Federal government at market value, or programs that provide direct benefits.

The assurances apply to all federal financial assistance from, or funds made available through the Department of the Treasury, including any assistance that the Recipient may request in the future.

The Civil Rights Restoration Act of 1987 provides that the provisions of the assurane€s apply to all of the operations of the Recipient's program(s) and activity(ies), so long as any portion of the Recipient's program(s) or activity(ies) is federally assisted in the manner prescribed above.

I . Recipient ensures its current and future compliance with Title Vl of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal financial assistance, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. S 2000d et seq.), as implemented by the Department of the Treasury Title Vl regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166, directives, circulars, policies, memoranda, and/or guidance documents.

2. Recipient acknowledges that Executive Order 13166, "lmproving Access to Services for Persons with Limited English Proficiency," seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, have Limited English proficiency (LEP).

Recipient understands that denying a person access to its programs, servi@s, and activities because of LEP is a form of nationalorigin discrimination prohibited under Title Vl of the Civil Rights 42 1
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Act of 1964 and the Department of the Treasury's implementing regulations. Accordingly, Recipient shall initiate reasonable steps, or comply with the Department of the Treasury's directives, to ensure that LEP persons have meaningful access to its programs, services, and activities. Recipient understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary, to ensure effective communication in the Recipient's programs, services, and activities.

3. Recipient agrees to consider the need for language services for LEP persons when Recipient develops applicable budgets and conducts programs, services, and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on taking reasonable steps to provide meaningful access for LEP persons, please visit http://www.lep.gov.

4. Recipient acknowledges and agrees that compliance with the assurances mnstitutes a condition of continued receipt of federal financial assistance and is binding upon Recipient and Subrecipient's successors, transferees, and assignees for the period in which such assistance is provided.

5. Recipient acknowledges and agrees that it must require any sub.grantees, contractors, subcontractors, successors, transferees, and assignees to comply with assurances 1-4 above, and agrees to incorporate the following language in every contract or agreement subject to Title Vl and its regulations between the Recipient and the Subrecipient's suFgrantees, contractors, subcontractors, successors, transferees, and assignees:

The sub-grantee, contractor, subcontractor, successo,i transferee, and assignee shall compty with Titte Vl of the Civil Rights Act of 1964, which prohibits subrecipients of federal financiatassr.sfance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U. S. C. S 2000d et seq.), as implemented by the Department of the Treasury's Title Vl regulations, 31 CFR Paft 22, which are hercin incoryorated by reference and made a paft of this contract (or agreement). Titte Vl also includes protection fo persons with "Limited Engtish Proficiency" in any program or activity receiving federalfinancial assistance , 42 U.S.C. S 2OOOd ef seg., as implemented by the Depaftment of the Treasury's Title Vl 43 1
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28 regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this contract or agreement.

6. Recipient understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the Recipient, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. lf any personal property is provided, this assurance obligates the Recipient for the period during which it retains ownership or possession of the property.

7. Recipient shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. The Recipient shall comply with information requests, on-site compliance reviews and reporting requirements.

8. Recipient shall maintain a complaint log and inform the Department of the Treasury of any complaints of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title Vl of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. Recipient also must inform the Department of the Treasury if Recipient has received no complaints under Title Vl.

9. Recipient must provide documentation of an administrative agency's or court's findings of noncompliance of Title Vl and efforts to address the non-compliance, including any voluntary compliance or other agreements between the Recipient and the administrative agency that made the finding. lf the Recipient settles a case or matter alleging such discrimination, the Recipient must provide documentation of the settlement. lf Recipient has not been the subject of any court or administrative agency flnding of discrimination, please so state.

10. lf the Recipient makes sub-awards to other agencies or other entities, the Subrecipient is responsible for ensuring that sub-recipients also comply with Title Vl and other applicable 44 1
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28 authorities covered in this document. State agencies that make sub-awards must have in place standard grant assurances and review procedures to demonstrate that they are effectively monitoring the civil rights compliance of subrecipients.

The United States of America has the right to seek judicial enforcement of the terms of this assurances document, and nothing in this document alters or limits the federal enforcement measures that the United States may take in order to address violations of this document or applicable federal law. 45 RESOLUTION NO.23-06

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FIREBAUGH SUPPORTING AND

URGING THE APPROVAL AND FUNDING OF THE GRANT APPLICATION SUBMITTED BY THE CITY OF HURON TO THE CALIT'ORI\IA PUBLIC UTILITIES COMMISSION

F'OR A LOCAL AGENCY TECHNICAL ASSISTANCE GRANT
WHEREAS, the California Public Utilities Commission administers the Local Agency Technical Assistance Grant Program which provides funding to assist cities and other local agencies in their efforts to provide high speed broadband to unserved Californians; and WHEREAS, the purpose of the Local Agency Technical Assistance Grant (LATA) is for broadband technical assistance grants funding preconstruction expenses that facilitate development of broadband, network deployment projects to areas in need, including environmental, feasibility and engineering, design studies or reports, needs assessments, market studies, broadband strategic plans, and business plans, in addition to the formation of a joint power's authority; and,
WHEREAS, the City of Huron, like the City of Firebaugh is a relatively small, rural city located within what is known of the West side of the County of Fresno which will use part of the grant, if awarded, to form a joint powers authority which our City is able to join to spend the initial grant assistance under the LATA Program for the purpose of conducting region wide environmental, feasibility, engineering, design studies or reports, needs assessments, marketing studies, broadband strategic plans and business plans for the development broadband throughout the West side area of the County of Fresno; and WHEREAS, if the City of Firebaugh were to apply for the LATA funds on its own, it is unlikely, because of its size, that any significant amount of grant funds would be awarded and given the need to establish a broadband network that covers the entire region, it is more advantageous for the City of Firebaugh, like the City of Huron, to apply for and use the grant funds for those studies and other non-construction purposes on a regional basis.

NOW, THEREFORE BE IT RESOLVED AS FOLLOWS:
l. The foregoing recitals are true and correct.

2. The City Council of the City of Firebaugh supports and urges the California Public Utilities Commission to grant the LATA funds requested by the City of Huron and is specifically refraining from making its own application for these funds to enable the formation of a joint powers authority to include the City of Firebaugh and the City of Huron, among others, within western Fresno County to make expenditures for purposes authorized by the LATA Grant Funding Program.

The foregoing Resolution was approved and adopted at a regular meeting of the City Council of the City of Firebaugh held on the 6th day of February 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED
Council Member(s)
Council Member(s)
Council Member(s)
Council Member(s)
ATTEST:

Felipe Perez, Mayor Rita Lozano, Deputy City Clerk
To be retyped on Gity Letterhead
February 6,2023
California Public Utilities Commission
Via broad [email protected]
RE: Application for Local Agency Technical Assistance Grant by City of Huron Dear Sir or Madam:

The City of Huron submitted an application for $500,000 in Local Agency Technical Assistance Funds administered by the California Public Utilities Commission (CPUC).

The City of Firebaugh is a city located within the same region as the City of Huron, the West side of the Coung of Fresno, and is, like the City of Huron, a rural, relatively small city that lacks access to broadband or high speed internet services. The City of Huron's application is for the maximum available award, because the intention is to form a joint powers authority to conduct the necessary feasibility and marketing studies throughout the entire region that is the West side of the County of Fresno which is isolated significantly from the City of Fresno and other larger cities generally on the East side of Fresno County. Our city intends to join that joint powers authority, provided the funds necessary to form it and conduct the preconstruction activities authorized under this program are awarded to the City of Huron.

Accordingly, by unanimous consent of the City Council of the City of Firebaugh we are writing to express our support and to urge CPUC to fund the LATA Grant Application submitted by the City of Huron in the full amount requested, $500,000.

Thank you for your attention to this matter.

Sincerely,
Felipe Perez
Mayor of City of Firebaugh
To be retyped on Gity of Huron Letterhead
Via US Mail & Email
Felepe Perez, Mayor
City of Firebaugh
1655 13th Street
Firebaugh, C493622
Email: [email protected]
RE: Request for Adoption of Resolution or Letter in Support of Application by the City of Huron for Local Agency Technical Assistance Grant Dear Mayor Perez:

The California Public Utilities Commission has made available through its Local Agency Technical Assistance Grant Program (LATA) funding, limited to $500,000 per fiscal year for preconstruction expenses to facilitate the development of broadband networks within unserved communities. As a small, rural, city, Huron views it as unlikely that it will receive any meaningful funding under this grant unless the application is one for use of those funds on a region-wide basis, in this case, covering the West side of Fresno County. Huron's City Council has adopted a resolution to make such an application and fully intends to use the money, if it is awarded, to conduct the various studies and assessments needed to develop a broadband strategic plan that will provide high speed internet access to the City of Huron and other small rural communities within the West side of the County of Fresno, by forming a Joint Powers Authority for that purpose.

The City is Huron is seeking your support in this effort. Attached is a template for a resolution that can be adopted by your City Council declaring that support and urging approval of the grant application submitted by the City of Huron for the LATA funds. We would ask that you place adoption of the resolution, or, alternatively, authorization for you to issue a letter of support to the California Public Utilities Commission on a City Council agenda. A template of a letter that can be used for that purpose is also attached. lf you require any further information concerning the City's intended application, or its commitment to make expenditures of the funds if they are awarded, to conduct the necessary assessments and studies region wide, please do not hesitate to contact me.

Sincerely,
Rey Leon, Mayor
City of Huron
TO:

DATE:

SUBJECT:

Mayor and Council Members
February 6,2023
Resolution No. Master Fee Schedule
RECOMMENATION:

Informational and direction from Council.

BACKGROUND:

The City Council established and adopted annual license fees on June 18, 1990, over 3l years ago. Staff is requesting to update the Master Fee Schedule. The current fee for business is as follows' a. If gross receipts (as def,rned by subdivision f of subsection. 4-2.1) are between $ L00 and$50,000.00 during the fiscal year (as described in section 4-1), the business license tax for that fiscal year shall be $50.00. b. Ifgrossreceipts(asdefinedbysubdivisionfof subsection4-2.1)arebetween$50,000.01 and$l00,000.00duringthe fiscal year (as described in section 4-1), the business license tax for that fiscal year shall be $100.00. c. If gross receipts (as dehned by subdivision f of subsection 4-2.1) are greater than $ I 00,000.00 during the fiscal year (as described tax in for section th.at 4-l), the business license tax for that fiscal year shall be $200.00.

Requesting to add:
. Application Processing Fee $25.00
. SB 1186 State Mandated Fee for ADA Compliance and Education. Amount set by State of California, currently at $4.00. Sevenfy percent (70%) of this fee will be retain by the city for "CASp Certification and Training Fund" Verification of the gross receipts:

If your business is located in Firebaugh, please submit verification of the gross receipts of your business such as a copy of the income tax return for the business (i.e.: Schedule C, Form 1065, Form 865, Form I120, Form I l20S-S Corp, Form 8825, Schedule E, profit & loss statement, financial statement, or sales tax returns) from the last completed business tax year. The city does not require a copy of the entire tax return. All documents submitted will not be returned.

Ifyour business is located outside ofFirebaugh and you conducted business in Firebaugh during your businesses last tax reporting year, please submit verification of the gross receipts of your business (i.e.: financial statement, ledger report, copies of invoices or report of invoices generated in Firebaugh) from the last completed business tax year. Be sure to report the revenue generated only in Firebaugh. All documents submitted will not be retumed. a Non-verification of gross receipts fee $200.00
FISCAL IMPACT:
. Application Processing Fee - Range of $8,000 - $ 10,000 r SB 1 186 - Range from $ 1,000 to $ 1,500
212123,8i58 AM City of Firebaugh, CA Naming and Renaming City Facilities.

Select Language V
,n,,"3:'tr,"i,;:::&'3,n;otA
Chapter 2. Administration
s 2-14. PROCEDURES FOR NAMTNG AND RENAMING CITY FACILITIES.

S 2-1 4.1. Definitions.
[Ord. #80-2, S1A; Ord. #99-08, 51]
a. "City facility" shall mean any real property or interest therein and improvements thereon owned and operated by the City. "City facility" shall include a street or other right-of-way or easement owned and used or operated by the CitY.

S 2-14.2. Naming and Renaming City Facilities.
[Ord. #80-1, SB;Ord. #99-08, 52]
a. The Council shall name and rename City facilities as provided by this section 2-14, unless the Council deems that exigent circumstances justify dispensing with the requirements of this section by resolution passed by at least four affirmative votes of the Council and containing a declaration of the facts constituting ihe exigent circumstances. b. The Council shall name or rename a City facility from any of the following categories: Deceased or living individuals, places, events, organizations, political subdivisions, functions, flora, fauna, civic names, or symbolic names. The Council shall select a name based upon such name's historical or other significance to the City. c. This section shall not apply to the naming or renaming of the following types of City facilities:

L Any City facility designated by a departmental number or letter, including but not limited to the designation of fire and pump stations, except as a supplemental name to such facility.

2. Any facility donated to and accepted by the City, the donation of which is contingent upon assigning a specified name to the facility.

3. Any City facility constructed or purchased from money or property donated to and accepted by the City, which money or property is donated contingent upon assigning a specified name to the facility.

4. Any City facility owned or managed jointly by the City and any other person or public entity.

S 2-14.3. Guidelines Applicable to Name Selection.

The following guidelines shall apply to name selection:
a. Unusual spellings or difficult pronunciations shall be avoided where possible b. Street names shall:

1. Not duplicate or be similar in sound or spelling.

2. Follow existing alignments including jogs of not more than 125 in either side of the principal or existing alignment; including extensions of alignments into new subdivisions; the street name shall not follow a 90' or more turn unless the turn is a simple jag followed by a return to the original alignment.

3. Cul-de-sacs whose length, exclusive of the turn around, is less than 50 feet shall be named the same as the main road.
https://ecode360.com/prinVF14072?guid=34894789,34894786,34894787,34894797

CITY OF FIREBAUGH

REQUEST FOR PROPOSALS

FOR CITY ATTORNEY SERVICES
Date
The City of Firebaugh ("City") is soliciting proposals from qualified legalfirms interested in performing the duties and functions of the City Attorney and provide other legal services for the City matters.

SECTION 1: CKGROUND
filled, based on most seniority, measured by continuous tenure on the City Council and serves a one-year term. The City Council is responsible for passing City ordinances, resolutions, adopting the annual budget, appointing commissions and committees, and setting policy - among other things.

The City provides a wide range of services including fire, police, planning, building, public works, engineering, parks and recreation, and general administrative activities.

The City's general Fund budget for FY 202X-202X is approximately 3.1 million, and the total of all funds is approximately 8.5 million.

SECTION 2: SUBMITTAL REQUIREMENTS
tnterested firms should submit six (6) copies - one (1) unbound master and five (5) duplicates of the proposal in a sealed envelope, marked on the outside, "PROPOSAL FOR CITY ATTORNEY SERVICES" tO:

City Clerk's Office
City of Firebaugh
1133 "P" Street
Firebaugh, CA.93622
The City of Firebaugh is governed by a five-member City Council/Manager form of government and has approximately 33 Council Members are elected and serve staggered four-year terms RFP Release Date
Deadline to Submit Questions
City's Response to Submitted Questions
Proposal Submission Deadline
Evaluation of Proposals ..............

Council, operating under the
full time employees. All five CitY
; the Mayor shall automatically be
Thursday, Date
Thursday, Date
Wednesday, Date
Thursday, Date
Date
Proposals may be filed in person at Firebaugh City Hall, at the above address, or by mail. Proposals submission deadline is Thursdav. Date bv 4:00 p.m. Late proposals will not be accepted. Early responses are acceptable; proposals will not be opened prior to the submittal deadline. Faxed or emailed proposals will not be accepted. Postmarks prior to the deadline are not sufficient for acceptance. The City will not be responsible for any errors or omissions in the proposals or for any delays in delivery.

The City reserves the right to reject any or all proposals, to request additional information concerning any proposal for purpose of clarification, to accept or negotiate any modification to any proposal following the deadline for receipt of all proposals, and to waive any irregularities if such would serve the best interest of the City, as determined by the City. This solicitation does not obligate the City to enter into an agreement with any proposer. The City reserves the right to cancel this Request for Proposals (RFP) at any time, at its discretion. Proposals become the property of the City and information therein shall become public property subject to disclosure laws after a Notice of lntent to Award. The City reserves the right to make use of any information or ideas contained in submitted proposals.

The City is not liable for any cost or expense incurred in the preparation of a response to this RFP and may modify or cancel this solicitation at any time.

The City Attorney will be an independent contractor. All persons employed by a firm in accordance with a contract resulting from this RFP will be employees of the firm and not the City.

SECTION 3: SGOPE OF SERVICES
The scope of services is to provide the full range of City Attorney services. The scope of services shall include, but not be limited to, the following:

1. Represent and advice the City Council and all City officers in all matters of law pertaining to their office. Give advice or opinion on the legality of all mafters under consideration by the City Council or by any of the boards and commissions or officers of the City.

2. Act as legal counsel to agencies the City Council serves as governing body to, including the Successor Agency to the Firebaugh Redevelopment Agency and Firebaugh Public Financing Authority.

3. Attend and represent the City's legal interests at all City Council meetings (including Closed Sessions and Council Workshops). Attend Planning Commission and other meetings of other Commissions Committees on an as needed basis specified by the City. a. Regular City Council meetings are held on the first and third Monday of each month at 6:00 p.m. closed sessions are typically held at the end of the Regular City Council meetings.

4. Provide legal opinions, advice, assistance and consultation to the City Council, City Manager and City staff on related matters to municipal law issues. lncluding, but not limited to, the Brown Act, contracts, planning and land use, Proposition 218rate setting, law enforcement, labor and personnel, utility issues, commercial cannabis and medical cannabis law, recycle water, water rights, LAFCO, public works and construction law including bidding, property acquisitions including condemnation, environmental review and compliance, hazardous waste, solid waste, franchises, elections, public records, public meetings, conflicts of interest, parliamentary procedures, tort claims and insurance defense, special districts, annexations, ground water sustainability, constitutional law including civil rights, public finance, land use, environmental law/CEQA, public improvements/capital projects, code enforcement, pending and current state and federal legislation and court decisions, and related areas of law.

Former Redevelopment Agency dissolution and other matters as directed.

5. Provide training and/or advice to the City Council, appointed Commissioners and City staff related to the Brown Act, AB 1234, conflict interest, and other legal requirements imposed by statute.

6. Review, approve and/or prepare ordinances, resolutions, staff reports, contracts, deeds, leases, and other legal documents required by the City.

7. Approve the form of all contracts made by and between the City of Firebaugh and all bonds given to the City, endorsing it.

8. Prepare legal opinions for the City departments, the City Council, boards and commissions

9. Provide written updates to new state or federal legislation or judicial decisions and suggest action or procedures to ensure compliance.

10. Coordinate and manage the services and costs of all outside legal counsel.

11. Perform such other legal duties as may be required by the City Council as may be necessary to complete the performance of the functions mentioned above.

SEGTION 4: REQUEST INFORMATION

1. Letter of Transmittal: include a brief introduction and history of your firm. Also, include your understanding and proven work history of the work to be performed. ln addition, state why you believe that your firm is the best qualified to perform the services requested.

2. Describe your firm's qualifications for providing City legal services. lnclude in your response:
a) The overall capabilities, qualifications, training, and areas of expertise for each of the partners/principals and associates that may be assigned to work with the City, including but not limited to:
. Name of individual(s) with resume(s);
o Length of employment with firm;
. Specialization;
o Legal training;
. Years of practice;
. Municipal or other local public sector experience;
r Knowledge of, and experience with California Municipal Law; o Knowledge and practice of law relating to land use and planning, CEQA, NEPA, generalplans, real estate, environmental issues, hazardous waste and other related law;
r Experience in the area of personnel, workers' compensation, general liability and employee relations;
. Experience in the area of contracts and franchises;
. Experience in the area of Commercial Cannabis and Medical Cannabis o Experience in the preparation and review of ordinances and resolutions; o Experience in the area of the Public Records Act, the Brown Act, and the Elections code;
o lf the firm, or any of the attorneys employed by the firm, have ever been successfully sued for malpractice, been the subject of complaints filed with the State Bar, or had discipline imposed by the State Bar, provide information on the nature of the incident, the dates on which the matter began and concluded, and the results of the situation.
a) Specify the individual that you propose for appointment as City Attorney. b) Specify the individual(s), if any, that you would propose as Assistant or Deputy City Attorney and/or who would be designated as competent, substitute/backup legal representation for the city, in the event of the absence or unavailability of the City Attorney.

3. c) Specify intended office location and accessibility to the City's needs. d) Describe systems/mechanisms that would be established to ensure timely responses to City Council and City staff.
e) Describe the response time we can expect from the City Attorney to inquiries made by the City Council/City Manager.
f) Describe systems/mechanisms that would be establishes for monthly reporting of status of projects, requests, and litigation.
g) List all public clients for whom your firm currently provides services under a fee for services basis or on a retainer basis. lndicate the services provided (e.9., City Attorney seruices, special legal expertise in specific disciplines, etc.). ldentify any foreseeable or potential conflicts of interest that could result from such representation and the manner in which you would propose the resolve such conflicts.
h) ldentify all situations in the last five years in which you have been averse to public entities, in either litigation or administrative matters. i) ldentify the types of in-service training (such as ethics and A81234, commission roles and responsibilities, how to conduct performance evaluations, harassment, etc.) your firm is capable of providing to municipalities - identifying which are subject to additional costs to the city and which are not subject to additional costs.

Additionally, pleasg describe your firm's qualifications for providing the following specific legal services.
a) Clearly describe your range of experience with project negotiation, eminent domain issues, and the drafting and implementation of agreements and contracts (i.e., lease, purchase, Owner Participation and Disposition and Development Agreements) and litigation.
b) Please describe your experience in development, and variety of projects and the promotion of low and moderate-income housing.
c) Please describe your experience in labor negotiations. d) Describe how you would structure the working relationship between the Council, City Manager, Department Heads, and other members of staff.

4. lt is anticipated that the city will expect the selected firm to provide a system wherein "general" services are provided under a fixed monthly retainer and any additional "special" services are billed at pre-negotiated hourly rate. Please address the following:
a) Please give your definition of "general" legal services. Would all general services be included in your monthly retainer?
b) Please define any "extra" services such as litigation and describe if such services are to be billed at a different hourly rate or basis.
c) Please give your definition of "special" legal services. How are they differentiated from general legal services and would any special services be included in your retainer? lf so, please identify them.
d) How would your firm aid the City to remain within its adopted budget for its legal services? e) Define the type and unit rates for reimbursement of expenses, for example, rate for mileage, reproduction of documents or word processing charges, unit costs for telephone costs, etc.
0 Please provide the following
Monthly Retainer: $
Services included in monthly retainer (include estimated weekly office hours on site in Firebaugh):

Hourly rates for services not included in retainer: $/hr.

5. List of municipal references.

SECTION 5: EVALUATION AND SELECTION PROCESS
The Gity Manager and City Council will determine the process, by which the proposals are to be reviewed. The following factors will be important in the selection process:
a) Responsiveness to the information requested in the RFP; and b) Understanding of the scope of services required; and c) Proposed solutions to the specific legal needs of the City of Firebaugh; and d) Depth and breadth of experience and expertise in the practice of law, most specifically in those areas most often encountered in municipal government operations; and e) Range and quality of services provided by the firm; and Capability to perform legal services promptly and in a manner that permits the City Council and staff to meet established deadlines and to operate in an effective and efficient manner; and
g) Cost of services.

The top-ranked firms may be requested to attend a meeting with the City Council for an interview.

The interviews will allow the designated firms an opportunity to answer any questions the Council may have regarding their proposals. Participation in the interviews will be at no cost to the City. The City Council will make the final determination of the successful firm.

During the evaluation process, the City reserves the right, where it may serve the City's best interest, to request additional information or clarification from proposing firms, or to allow corrections of errors or omissions. The City reserves the right to verify any information contained in proposals, including 0 references, resumes, etc. The City reserves the right to investigate and research proposals, including facts and opinions that could be helpful in evaluating the capabilities of firms, whether or not they were specifically included in the proposals.

SECTION 6: GONTRACT
Award of contract will be to the proposer whose proposal best complies with all of the requirements of the RFP documents, and which provides the best solution for the needs of the City of Firebaugh.

The successful firm shall prepare a Contract with the City for City Attorney Legal Services, for possibly execution between both parties, upon final review of the City. The Contract will include the requirements of this RFP, as well as other requirements to be determined. The City reserves the right to negotiate the price, terms, and scope of services with the proposer, prior to entering into an agreement. The agreement will contain provisions requiring the selected law firm to indemnify the City and provide that the City Attorney is an independent contractor serving at the will of the City Council. Provisions will also be included in the Contact allowing the City Council to determine the agreement, at its sole and entire discretion, upon the provision of notice. lnsurance. Proposers are required to provide with their proposal, certificates of insurance verifying coverage as follows:

Disoutes Relatinq Pronosal Process
ln the event a dispute arises concerning the proposal process prior to the award of the contract, the party wishing resolution of the dispute shall submit a request in writing to the City Manager within ten (10) calendar days of the date of the recommendation award or denial letter.

Grounds for an appeal is that the City failed to follow the selection procedures and adhere to requirements specified in this RFP or an addendum or amen dements thereto; there has been a violation of conflict of interest as provided by California Government Code section 87100 et seq; or violation of Federal or State law. The City will consider only those specific issues addressed in the written appeal.

The City Manager shall consider any matter appealed during a scheduled hearing, within thirty (30) days of receipt. The decision of the City Manager shall be final with respect to the matters of fact.

All disputes and/or appeals must be submitted to:

City Manager
City of Firebaugh
1133 P Street
Firebaugh, CA 93622

INDEMNITY
When the law establishes a professional standard of care for Consultant's seryices, to the fullest extent permitted by law, the Consultant shall indemnify, protect, defend, and hold harmless Agency and all of its officials, employees and agents from and against any all losses. lncluding, liabilities, damages, costs, and expenses, along with legal counsel's fees and costs to the extent same are caused in whole or in part by any claims arising out of the Consultant's activities or operations for the City.

INSURANCE
General Liability
Contractor shall maintain commercial general liability insurance with coverage at least as broad as lnsurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. General liability policies shall provide or be endorse using lnsurance Services Office forms CG 20 10 to provide that the City and its officers, officials, employees, and agents shall be additional insureds under such policies.

Automobile Liability
Contractor shall maintain automobile insurance, at least as broad as lnsurance Services Office form CA 00 0, covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under the agreement. lncluding coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limited for each accident.

Professional Liability
Consultant shall maintain professional liability insurance that ensures professional errors and omission that may be made in performing the services to be rendered in connection with the agreement, in the minimum amount of one million dollars ($1,000,000) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of the agreement, and consultant agrees to maintain continuous coverage through a period no less than three years completion of the services required by the agreement.

Primary Coverage
For any claims related to this contract, the Contractor's insurance coverage shall be primary insurance as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractot's insurance and shall not contribute with it.

Waiver of Subrogation
Contractor hereby grants to Entity a waiver of any right to subrogation, which any insurer of said Contractor may require against the Entity by virtue of the payment of any loss under such insurance.

Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer.

Acceptability of lnsurers
lnsurers are to be placed with insurers with a current A.M. Best's rating of no less than A: Vll, unless othenrvise acceptable to the Entity.

Business License
The professional services provider shall obtain a valid, current City of Firebaugh Business License on or before commencement of work.

STAFF REPORT
TO:

FROM:

DATE:

SUBJECT:

City Council
Ben Gallegos, City Manager
2t6t23
Staff Report
Meeting Attended:

1. Solar Project Planning for the New Police, Fire and VFW

2. CDBG and CDBG-CV Grant Opportunities.

3. Habitat Meeting.

4. Firebaugh/ Las Deltas Hud Tank.

5. SSJUD City Manager Luncheon.

6. Wastewater Treatment Plant Pre-Bid Meeting.

7. PAC Meeting.

8. CalRecyle Meeting.

9. Broadband Infrastructure West Cities.

10. Upper San Joaquin Levee.

11. Federal Safely Funding Opportunities Webinar.

12. American Heart Association.

Planning Commission:

We will be advertising for new planning commissioners due to two vacancies Fire Department:

We advertise in the Fresno Bee for new Fire Chief.

Public Work Department:

We advertise for a new Water Operator and Utility Maintenance Work.

City of Firebaugh Public Works Department
Staff Report
To:

From:

Dote:

Moyor Felipe Perez ond City Council Members
Michael Molino, Public Works Director
Februory 6, 2023 - Council Meeting
Water/Wastewater
The operation department has been working on the following:

1. Day to day operations of treatment plants.

2. Continue maintenance on wells at both water sites.

3. Installed storm drain pump on M St.

Streets
The Street Department has been working on the following:

1. The PW crew continue performed pothole repair

2. Clean and maintained storm drains and pumps.

3. Weed and trash abatement in the alleys.

Parks
The Crew has been working on the following:

1. Weed control and maintenance at the parks and various spots around town.

2. Day to day maintenance of the parks.

3. Installing new tables and BBQ pits at Maldonado Park and Rodeo grounds park.

Citv Proiects:

L Emmett's Excavation, Inc. has begun waterline replacement onZozaya.

2. Kroeker Inc. started concrete work on the Sth street alley project.

3. Assisted Toma-Tek with water line repair.

NOTE: I will be on vacation February 10-20. I will be available by phone if you need anything DATE:

TO:

FROM:

SUBJECT:

STAFF MEMORANDUM
FEBRUARY OL,2O23

CITY COUNCIL
JOHN G. BORBOA, FIRE CHIEF
DECE M BE R 2022 DEPARTM ENT STATISTICS
EMS
26 VEH. ACCIDENT
2 CITY OF FIREBAUGH

FIRE FATSE HAZARDOUS
222

SPECTAL DETAIL
1 1 2

FRESNO COUNTY/CAL FIRE
3 MADERA COUNW/CAL FIRE
312
TOTAL INCTDENTS DECEMBER 2022

TOTAT COMBINED MANHOURS CONTRIBUTED BY
MEMBERSHIP FOR TRAINIilG/RESERVE SLEEPER
(DOES NOT INCTUDE TNCTDENT MANHOURS)
47 L47
Firebaugh nwkffignrc
responders in "Every IE Minuteso
tY DAV|D 80i!o Vg$rsitr Exp@!
During the m€nt "Every 15 miruto" progm
at Ficbugb High School, whicb vividly simulats a siou Dtn-€hrcd @ aash, Firbaugb High stu- d.nts not only participaEd d "victim", but also 8s fi6t r€spoadeE,
Scveral members of the
fkttaugh Volunteer Fis Dcpsrtna* C{&t Program nspoodrd o the wrcdc Accodhg to Firc. baugh Firc Chief John Borboa, ttc ada-firs mpond- m 6ned yictim wirh simulatid injuie, exrieted a victin 6om a damagcd
car by coorplctcly movirlg
the cry's rmf with hydraulic equrpmt, ild ffiisted @- bulane persomel in loading ooe victim wfth simulated major injuries to a Skylifc helic0pt6.

It is aI part of Firebaugh's
highly succsfirl prcgram
that has beeo in place for 25
yearg Borboa mid.

The omt roster of cadets lists fiw high shool
studmts plus two morc who
graduat4d, last Jre. Tbey
mnge in age from 14 to t8yem old. Oacc in a whitre,Borboa will allw edets ro youg as l3-yem.old, "de- pcnding on my percption
of their maturiry"
The studens train with
the regular mmben of the
dspartmfrt in Firefightq I cwiculum md Firt Rcspondf;r Fi6t Aid ud E}ff skills. The kids also reiveadditional training mySaturday mning and mlst smplete two sleeper shilispq month at tl]e fire statim. "The high school studcnts
mut also maintain a "C"
aHa8e in shool which ischeckcd with the schml scry mecrer," sid Borboa.

Hctor Marin, an l8-yea
wtsatr of the d€paranent,
mists Borboa in the cadet
Faining. He explained tharhis main goal is to trainmd kep the volute department's lcgacy going for mmy y€6 to ome.
'The kids in ow program
hare respondcd wy well
to our tmidng and develop
skillq that they hare usdto sm liws and prcpefiy B ru comm0ity," said FHS

FROM PAGE I
"Their performce was
a great feeling ro w tharall the hard traioing the cadcts haw gone through has worked." said Madn.

He added thar it is atso
gratit/irg to some ol rhc cadets hirve ntoved oo to Dakefirefiglrting/resoe a fi:JItt6s career. tn that rspefr, the pto_
gam can definiLely be calteda succcrt, silce sevcral
members have moved on to
ti.rll dme jobs. They includ€:

Firefighto,zParamedic
City of Vacaville Fire Depar&nmr, Firefigher,zCaptaiu Cal Fire, Paramedic Shift Supervisr:r AmnicanAmbulece. EM l Cir_y
of lietma Arnbulance Sarice, Firefighter/Engines
Norrh Central Fire pro.
tection l)istrict, pryarnedic
- Ambulance Senice inlbes. Smn of the omtmmben also came througb thc (ladet program.

Flrcb.ugh Flra Dcp.rtmnt C8detr .nd thCr Ehldc. superylior usa hydaull< t@li to rsovothG rootof . h€ylly d.mlgad Fhebaugh flro Dcprrtmm c.d*! g.drs .tter thc ,efi.Evwt, t5 lilnutcs- wd{. nfrr"d dc, trm L,ft, Colte Dl.dd<h, Corbln DlcdcL Dmny'padnl Brr.n Ldry, JGh N{.m, Anthony Prrcdg, rnd AngC f,ledlD.

Mrin,
And unfortuately, he rc.
ceived first-hild knowledge of how rcll thc training
has paid off. Ist month, a dro& &ik rcraded h.ispickup in Firebaugh with his youg son on board. jurt a couple of hom aftcr
finishi4 Satuday weningtrainilg.
sr.r FHS, prer i

Firebaugh City CouncilFebruary 6, 2023

Firebaugh City Council
February 6, 2023