January 2018
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EXHIBIT 10-U CONSULTANT IN MANAGEMENT SUPPORT ROLE CONFLICT OF INTEREST AND CONFIDENTIALITY STATEMENT1
RFP/RFQ PROCUREMENT NUMBERS (if applicable):
PROJECT NAME (and FPN, if applicable)2:
APPLICABILITY: To be filled out by local agency consultants in management support role.
I am an employee of a consultant under contract to the local agency that is responsible for the procuring and administering of one or more consultant contracts containing either Federal or State funds.
I am in a management position with the local agency, my title is listed below and I have attached my duty statement and scope of work.
I hereby certify as follows:
1. I recuse myself from all potential conflicts of interest.
2. I will not directly or indirectly participate in, manage, or oversee any consultant selection procurement process in which the consulting firm of which I am employed is competing as a consultant or subconsultant.
3. I will not directly or indirectly influence any employee, staff member, or other individual participating in any consultant selection procurement process in which the consulting firm of which I am employed is as a consultant or subconsultant.
4. I will not directly or indirectly participate in, manage, or oversee any local agency contract that is with the consulting firm of which I am employed, regardless of whether the involvement of my employer in the contract is as a consultant or subconsultant.
Among other things, this includes my not being involved in approving changes in the schedule, scope, deliverables or invoices.
5. I understand that if I am involved in any local agency contract that is with the consulting firm of which I am employed, in violation of 1. or 2. above, that local agency contract will no longer be eligible for Federal or State reimbursement because of my involvement.
I certify that I have read and understand my responsibilities per 23 CFR 172.7(b)(5) I fully understand that it is unlawful for a person to utilize any organization name (i.e. local agency) or auxiliary organization information, which is not a matter of public record, for personal gain.
1 Each consultant staff working in a management support role shall complete a separate form. 2 For on-call contracts or contracts for multiple projects, indicate accordingly.
On-Call Engineering Services
29 Local Assistance Procedures Manual EXHIBIT 10-U
Consultant Management Conflict of Interest Statement
January 2018
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I have read and fully understand all of the above.
Date: Signature:
Name:
Title:
Consultant Firm/Sole Proprietor:
REVIEWED BY PUBLIC WORKS DIRECTOR OR AUTHORIZED LOCAL AGENCY
REPRESENTATIVE
I have reviewed the foregoing “Conflict of Interest and Confidentiality Statement” and will ensure:
That the foregoing named local agency consultant who is under contract and in a management support role with our local agency, abides by the foregoing terms and conditions; That should the foregoing named local agency consultant, who is under contract and in a management support role with our local agency, violate any of the foregoing terms and conditions, the Caltrans DLAE will be notified and such violation will be considered a breach of ethics and could be a basis for ineligibility of State or Federal project funds.
The procedures followed to procure and execute the contract, between the local agency and the consulting firm of which I am employed, comply with all federal and state requirements. Also this contract has a specific date from to .
Date: Signature:
Name:
Title:
Department/Local Agency:
12/19/2025
Jeff Cowart, PE
Quad Knopf, Inc. dba QK
VP of Quality Control & Municipal Services/
Lindsay Contract City Engineer
30 Local Assistance Procedures Manual EXHIBIT 10-U
Consultant Management Conflict of Interest Statement
January 2018
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REVIEWED/CONCURRENCE BY FEDERAL HIGHWAYS
I have reviewed the foregoing “Conflict of Interest and Confidentiality Statement” and supervisor’s statement.
I concur that the consultant, who is under contract and in a management support role with the local agency, does not appear to present a conflict of interest. The local agency and the consultant should be considered eligible for federal reimbursement.
I do not concur as I believe that the consultant, who is under contract and in a management support role with the local agency, does appear to present a conflict of interest.
Date: Signature:
Name:
Position:
Distribution: 1) Copy to: DLAE for each Federal/State funded project 2) Copy to be returned to Local Agency by DLAE with FHWA approval 31 Local Assistance Procedures Manual EXHIBIT 10-U
Consultant Management Conflict of Interest Statement
January 2018
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EXHIBIT 10-U CONSULTANT IN MANAGEMENT SUPPORT ROLE CONFLICT OF INTEREST AND CONFIDENTIALITY STATEMENT1
RFP/RFQ PROCUREMENT NUMBERS (if applicable):
PROJECT NAME (and FPN, if applicable)2:
APPLICABILITY: To be filled out by local agency consultants in management support role.
I am an employee of a consultant under contract to the local agency that is responsible for the procuring and administering of one or more consultant contracts containing either Federal or State funds.
I am in a management position with the local agency, my title is listed below and I have attached my duty statement and scope of work.
I hereby certify as follows:
1. I recuse myself from all potential conflicts of interest.
2. I will not directly or indirectly participate in, manage, or oversee any consultant selection procurement process in which the consulting firm of which I am employed is competing as a consultant or subconsultant.
3. I will not directly or indirectly influence any employee, staff member, or other individual participating in any consultant selection procurement process in which the consulting firm of which I am employed is as a consultant or subconsultant.
4. I will not directly or indirectly participate in, manage, or oversee any local agency contract that is with the consulting firm of which I am employed, regardless of whether the involvement of my employer in the contract is as a consultant or subconsultant.
Among other things, this includes my not being involved in approving changes in the schedule, scope, deliverables or invoices.
5. I understand that if I am involved in any local agency contract that is with the consulting firm of which I am employed, in violation of 1. or 2. above, that local agency contract will no longer be eligible for Federal or State reimbursement because of my involvement.
I certify that I have read and understand my responsibilities per 23 CFR 172.7(b)(5) I fully understand that it is unlawful for a person to utilize any organization name (i.e. local agency) or auxiliary organization information, which is not a matter of public record, for personal gain.
1 Each consultant staff working in a management support role shall complete a separate form. 2 For on-call contracts or contracts for multiple projects, indicate accordingly.
On-Call Engineering Services
32 Local Assistance Procedures Manual EXHIBIT 10-U
Consultant Management Conflict of Interest Statement
January 2018
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I have read and fully understand all of the above.
Date: Signature:
Name:
Title:
Consultant Firm/Sole Proprietor:
REVIEWED BY PUBLIC WORKS DIRECTOR OR AUTHORIZED LOCAL AGENCY
REPRESENTATIVE
I have reviewed the foregoing “Conflict of Interest and Confidentiality Statement” and will ensure:
That the foregoing named local agency consultant who is under contract and in a management support role with our local agency, abides by the foregoing terms and conditions; That should the foregoing named local agency consultant, who is under contract and in a management support role with our local agency, violate any of the foregoing terms and conditions, the Caltrans DLAE will be notified and such violation will be considered a breach of ethics and could be a basis for ineligibility of State or Federal project funds.
The procedures followed to procure and execute the contract, between the local agency and the consulting firm of which I am employed, comply with all federal and state requirements. Also this contract has a specific date from to .
Date: Signature:
Name:
Title:
Department/Local Agency:
12/19/2025
Antonio Westerlund, PLS, CFedS
Quad Knopf, Inc. dba QK
Senior Land Surveyor/Lindsay Contract Assistant
City Surveyor
33 Local Assistance Procedures Manual EXHIBIT 10-U
Consultant Management Conflict of Interest Statement
January 2018
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REVIEWED/CONCURRENCE BY FEDERAL HIGHWAYS
I have reviewed the foregoing “Conflict of Interest and Confidentiality Statement” and supervisor’s statement.
I concur that the consultant, who is under contract and in a management support role with the local agency, does not appear to present a conflict of interest. The local agency and the consultant should be considered eligible for federal reimbursement.
I do not concur as I believe that the consultant, who is under contract and in a management support role with the local agency, does appear to present a conflict of interest.
Date: Signature:
Name:
Position:
Distribution: 1) Copy to: DLAE for each Federal/State funded project 2) Copy to be returned to Local Agency by DLAE with FHWA approval 34 Local Assistance Procedures Manual EXHIBIT 10-U
Consultant Management Conflict of Interest Statement
January 2018
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EXHIBIT 10-U CONSULTANT IN MANAGEMENT SUPPORT ROLE CONFLICT OF INTEREST AND CONFIDENTIALITY STATEMENT1
RFP/RFQ PROCUREMENT NUMBERS (if applicable):
PROJECT NAME (and FPN, if applicable)2:
APPLICABILITY: To be filled out by local agency consultants in management support role.
I am an employee of a consultant under contract to the local agency that is responsible for the procuring and administering of one or more consultant contracts containing either Federal or State funds.
I am in a management position with the local agency, my title is listed below and I have attached my duty statement and scope of work.
I hereby certify as follows:
1. I recuse myself from all potential conflicts of interest.
2. I will not directly or indirectly participate in, manage, or oversee any consultant selection procurement process in which the consulting firm of which I am employed is competing as a consultant or subconsultant.
3. I will not directly or indirectly influence any employee, staff member, or other individual participating in any consultant selection procurement process in which the consulting firm of which I am employed is as a consultant or subconsultant.
4. I will not directly or indirectly participate in, manage, or oversee any local agency contract that is with the consulting firm of which I am employed, regardless of whether the involvement of my employer in the contract is as a consultant or subconsultant.
Among other things, this includes my not being involved in approving changes in the schedule, scope, deliverables or invoices.
5. I understand that if I am involved in any local agency contract that is with the consulting firm of which I am employed, in violation of 1. or 2. above, that local agency contract will no longer be eligible for Federal or State reimbursement because of my involvement.
I certify that I have read and understand my responsibilities per 23 CFR 172.7(b)(5) I fully understand that it is unlawful for a person to utilize any organization name (i.e. local agency) or auxiliary organization information, which is not a matter of public record, for personal gain.
1 Each consultant staff working in a management support role shall complete a separate form. 2 For on-call contracts or contracts for multiple projects, indicate accordingly.
On-Call Engineering Services
35 Local Assistance Procedures Manual EXHIBIT 10-U
Consultant Management Conflict of Interest Statement
January 2018
□
□
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I have read and fully understand all of the above.
Date: Signature:
Name:
Title:
Consultant Firm/Sole Proprietor:
REVIEWED BY PUBLIC WORKS DIRECTOR OR AUTHORIZED LOCAL AGENCY
REPRESENTATIVE
I have reviewed the foregoing “Conflict of Interest and Confidentiality Statement” and will ensure:
That the foregoing named local agency consultant who is under contract and in a management support role with our local agency, abides by the foregoing terms and conditions; That should the foregoing named local agency consultant, who is under contract and in a management support role with our local agency, violate any of the foregoing terms and conditions, the Caltrans DLAE will be notified and such violation will be considered a breach of ethics and could be a basis for ineligibility of State or Federal project funds.
The procedures followed to procure and execute the contract, between the local agency and the consulting firm of which I am employed, comply with all federal and state requirements. Also this contract has a specific date from to .
Date: Signature:
Name:
Title:
Department/Local Agency:
12/19/2025
Kristie Achee, PLS
Senior Land Surveyor/Lindsay Contract City Surveyor
Quad Knopf, Inc. dba QK
36 Local Assistance Procedures Manual EXHIBIT 10-U
Consultant Management Conflict of Interest Statement
January 2018
□
□
REVIEWED/CONCURRENCE BY FEDERAL HIGHWAYS
I have reviewed the foregoing “Conflict of Interest and Confidentiality Statement” and supervisor’s statement.
I concur that the consultant, who is under contract and in a management support role with the local agency, does not appear to present a conflict of interest. The local agency and the consultant should be considered eligible for federal reimbursement.
I do not concur as I believe that the consultant, who is under contract and in a management support role with the local agency, does appear to present a conflict of interest.
Date: Signature:
Name:
Position:
Distribution: 1) Copy to: DLAE for each Federal/State funded project 2) Copy to be returned to Local Agency by DLAE with FHWA approval 37 EXHIBIT 15-H: PROPOSER/CONTRACTOR GOOD FAITH
EFFORTS
QK has not included this form as per Addendum 1, item 4 in response to Caltrans pausing the DBE program. QK has included DBE, DVBE, and SBE subconsultants in our proposal and is prepared to complete the necessary forms should the program be reinStated by Caltrans.
38 CERTIFICATION OF INDIRECT COSTS AND FINANCIAL
MANAGEMENT SYSTEM
Certification of Indirect Costs and Financial Management System - Independent Office of Audits and Investigations - Revised 9/2022 1 Inspector General
California Department of Transportation
Certification of Indirect Costs and Financial Management System (Note: If a Safe Harbor Indirect Cost Rate is approved, this form is not required) Consultant’s Full Legal Name:
Important: Consultant means the individual or consultant providing engineering and design related services as a party of a contract with a recipient or sub-recipient of Federal assistance. Therefore, the Indirect Cost Rate(s) shall not be combined with its parent company or subsidiaries.
Indirect Cost Rate (ICR):
Combined Rate: Or
Home Office Rate: and Field Office Rate (if applicable):
Facilities Capital Cost of Money (if applicable):
Fiscal Period:*
* Fiscal period is annual one year applicable accounting period that the ICR was developed (not the contract period). The ICR is based on the consultant’s one-year applicable accounting period for which financial statements are regularly prepared by the consultant.
I have reviewed the proposal to establish an ICR(s) for the fiscal period as specified above and have determined to the best of my knowledge and belief that:
• All costs included in the cost proposal to establish the ICR(s) are allowable in accordance with the cost principles of the Federal Acquisition Regulation (FAR) 48, Code of Federal Regulations (CFR), Chapter 1, Part 31 (48 CFR Part 31).
• The cost proposal does not include any costs which are expressly unallowable under the cost principles of 48 CFR Part 31.
• The accounting treatment and billing of prevailing wage delta costs are consistent with our prevailing wage policy as either direct labor, indirect costs, or other direct costs on all federally-funded A&E Consultant Contracts.
• All known material transactions or events that have occurred subsequent to year-end affecting the consultant’s ownership, organization, and indirect cost rates have been disclosed as of the date of this certification.
I am providing the required and applicable documents as instructed on the Financial Document Review Request form.
Financial Management System:
Our labor charging, job costing, and accounting systems meet the standards for financial reporting, accounting records, and internal control adequate to demonstrate that costs claimed have been incurred, appropriately accounted for, are allocable to the contract, and comply with the federal requirements as set forth in Title 23 United States Code (U.S.C.) Section 112(b)(2); 48 CFR Part 31.201-2(d); 23 CFR, Chapter 1, Part 172.11(a)(2); and all applicable state and federal rules and regulations.
Our financial management system has the following attributes:
• Account numbers identifying allowable direct, indirect, and unallowable cost accounts; • Ability to accumulate and segregate allowable direct, indirect, and unallowable costs into separate cost accounts;
Quad Knopf, Inc., dba QK
181.06%
1/1/2024 to 12/31/2024
1.25%
39 Certification of Indirect Costs and Financial Management System - Independent Office of Audits and Investigations - Revised 9/2022 2 • Ability to accumulate and segregate allowable direct costs by project, contract and type of cost; • Internal controls to maintain integrity of financial management system; • Ability to account and record costs consistently and to ensure costs billed are in compliance with FAR; • Ability to ensure and demonstrate costs billed reconcile to general ledgers and job costing system; and • Ability to ensure costs are in compliance with contract terms and federal and state requirements.
Cost Reimbursements on Contracts:
I also understand that failure to comply with 48 CFR Part 16.301-3 or knowingly charge unallowable costs to Federal-Aid Highway Program (FAHP) contracts may result in possible penalties and sanctions as provided by the following:
• Sanctions and Penalties - 23 CFR Part 172.11(c)(4)
• False Claims Act - Title 31 U.S.C. Sections 3729-3733 • Statements or entries generally - Title 18 U.S.C. Section 1001 • Major Fraud Act - Title 18 U.S.C. Section 1031
All A&E Contract Information:
• Total participation amount on all State and FAHP contracts for Architectural & Engineering services that the consultant received in the last three fiscal periods. • The number of states in which the consultant does business is • Years of consultant’s experience with 48 CFR Part 31 is • Identify the type of audits listed below that the consultant has had performed (if applicable):
Cognizant ICR Audit Local Govt ICR Audit
CPA ICR Audit Federal Govt ICR Audit
Caltrans ICR Audit
I, the undersigned, certify all of the above to the best of my knowledge and belief and that I have reviewed the ICR Schedule to determine that any costs which are expressly unallowable under the Federal cost principles have been removed and comply with Title 23 U.S.C. Section 112(b)(2), 48 CFR Part 31, 23 CFR Part 172, and all applicable state and federal rules and regulations. I also certify that I understand that all documentation of compliance must be retained by the consultant. I hereby acknowledge that costs that are noncompliant with the federal and state requirements are not eligible for reimbursement and must be returned to Caltrans.
Name:** Title**:
Signature: Date:
Phone**: Email**:
**An individual executive or financial officer of the consultant’s or subconsultant’s organization at a level no lower than a Vice President, a Chief Financial Officer, or equivalent, who has authority to represent the financial information used to establish the indirect cost rate.
Note: Both prime and subconsultants as parties of a contract must complete their own forms. Caltrans will not process local agency’s invoices until a complete form is accepted and approved by the Independent Office of Audits and Investigations.
Amber Aguayo CFO/COO
(559) 733-0440 [email protected]
$5,000,000 Est.
2 18
12/16/2025
40 Certification of Indirect Costs and Financial Management System - Independent Office of Audits and Investigations - Revised 9/2022 Inspector General
California Department of Transportation
Certification of Indirect Costs and Financial Management System (Note: If a Safe Harbor Indirect Cost Rate is approved, this form is not required) Consultant’s Full Legal Name:
Important: Consultant means the individual or consultant providing engineering and design related services as a party of a contract with a recipient or sub-recipient of Federal assistance. Therefore, the Indirect Cost Rate(s) shall not be combined with its parent company or subsidiaries.
Indirect Cost Rate (ICR):
Combined Rate: Or
Home Office Rate: and Field Office Rate (if applicable):
Facilities Capital Cost of Money (if applicable):
Fiscal Period:*
* Fiscal period is annual one year applicable accounting period that the ICR was developed (not the contract period). The ICR is based on the consultant’s one-year applicable accounting period for which financial statements are regularly prepared by the consultant.
I have reviewed the proposal to establish an ICR(s) for the fiscal period as specified above and have determined to the best of my knowledge and belief that:
• All costs included in the cost proposal to establish the ICR(s) are allowable in accordance with the cost principles of the Federal Acquisition Regulation (FAR) 48, Code of Federal Regulations (CFR), Chapter 1, Part 31 (48 CFR Part 31).
• The cost proposal does not include any costs which are expressly unallowable under the cost principles of 48 CFR Part 31.
• The accounting treatment and billing of prevailing wage delta costs are consistent with our prevailing wage policy as either direct labor, indirect costs, or other direct costs on all federally-funded A&E Consultant Contracts.
• All known material transactions or events that have occurred subsequent to year-end affecting the consultant’s ownership, organization, and indirect cost rates have been disclosed as of the date of this certification.
I am providing the required and applicable documents as instructed on the Financial Document Review Request form.
Financial Management System:
Our labor charging, job costing, and accounting systems meet the standards for financial reporting, accounting records, and internal control adequate to demonstrate that costs claimed have been incurred, appropriately accounted for, are allocable to the contract, and comply with the federal requirements as set forth in Title 23 United States Code (U.S.C.) Section 112(b)(2); 48 CFR Part 31.201-2(d); 23 CFR, Chapter 1, Part 172.11(a)(2); and all applicable state and federal rules and regulations.
Our financial management system has the following attributes:
• Account numbers identifying allowable direct, indirect, and unallowable cost accounts; • Ability to accumulate and segregate allowable direct, indirect, and unallowable costs into separate cost accounts;
1 Applied EarthWorks, Inc.
166.02
01/01/22 - 12/31/22
41 Certification of Indirect Costs and Financial Management System - Independent Office of Audits and Investigations - Revised 9/2022 • Ability to accumulate and segregate allowable direct costs by project, contract and type of cost; • Internal controls to maintain integrity of financial management system; • Ability to account and record costs consistently and to ensure costs billed are in compliance with FAR; • Ability to ensure and demonstrate costs billed reconcile to general ledgers and job costing system; and • Ability to ensure costs are in compliance with contract terms and federal and state requirements.
Cost Reimbursements on Contracts:
I also understand that failure to comply with 48 CFR Part 16.301-3 or knowingly charge unallowable costs to Federal-Aid Highway Program (FAHP) contracts may result in possible penalties and sanctions as provided by the following:
• Sanctions and Penalties - 23 CFR Part 172.11(c)(4)
• False Claims Act - Title 31 U.S.C. Sections 3729-3733 • Statements or entries generally - Title 18 U.S.C. Section 1001 • Major Fraud Act - Title 18 U.S.C. Section 1031
All A&E Contract Information:
• Total participation amount ___________________ on all State and FAHP contracts for Architectural & Engineering services that the consultant received in the last three fiscal periods. • The number of states in which the consultant does business is • Years of consultant’s experience with 48 CFR Part 31 is • Identify the type of audits listed below that the consultant has had performed (if applicable):
Cognizant ICR Audit Local Govt ICR Audit
Caltrans ICR Audit
CPA ICR Audit Federal Govt ICR Audit
I, the undersigned, certify all of the above to the best of my knowledge and belief and that I have reviewed the ICR Schedule to determine that any costs which are expressly unallowable under the Federal cost principles have been removed and comply with Title 23 U.S.C. Section 112(b)(2), 48 CFR Part 31, 23 CFR Part 172, and all applicable state and federal rules and regulations. I also certify that I understand that all documentation of compliance must be retained by the consultant. I hereby acknowledge that costs that are noncompliant with the federal and state requirements are not eligible for reimbursement and must be returned to Caltrans.
Name:** Title**:
Signature: Date:
Phone**: Email**:
**An individual executive or financial officer of the consultant’s or subconsultant’s organization at a level no lower than a Vice President, a Chief Financial Officer, or equivalent, who has authority to represent the financial information used to establish the indirect cost rate.
Note: Both prime and subconsultants as parties of a contract must complete their own forms. Caltrans will not process local agency’s invoices until a complete form is accepted and approved by the Independent Office of Audits and Investigations.
2 3,062,689.00
1 28
Jennifer Barbee
✔
President
Jennifer L Barbee Digitally signed by Jennifer L Barbee Date: 2024.01.10 15:57:50 -08'00'
✔
[email protected] (559) 229-1856
01/10/2024
42 Certification of Indirect Costs and Financial Management System - Independent Office of Audits and Investigations - Revised 9/2022 1 Inspector General
California Department of Transportation
Certification of Indirect Costs and Financial Management System (Note: If a Safe Harbor Indirect Cost Rate is approved, this form is not required) and Field Office Rate (if applicable):
Consultant’s Full Legal Name: JLB Traffic Engineering, Inc.
Important: Consultant means the individual or consultant providing engineering and design related services as a party of a contract with a recipient or sub-recipient of Federal assistance. Therefore, the Indirect Cost Rate(s) shall not be combined with its parent company or subsidiaries.
Indirect Cost Rate (ICR):
Combined Rate: 115.71% Or
Home Office Rate: n/a n/a
Facilities Capital Cost of Money (if applicable): n/a
Fiscal Period:* 01/01/23 to 12/31/23
* Fiscal period is annual one year applicable accounting period that the ICR was developed (not the contract period). The ICR is based on the consultant’s one-year applicable accounting period for which financial statements are regularly prepared by the consultant.
I have reviewed the proposal to establish an ICR(s) for the fiscal period as specified above and have determined to the best of my knowledge and belief that:
• All costs included in the cost proposal to establish the ICR(s) are allowable in accordance with the cost principles of the Federal Acquisition Regulation (FAR) 48, Code of Federal Regulations (CFR), Chapter 1, Part 31 (48 CFR Part 31).
• The cost proposal does not include any costs which are expressly unallowable under the cost principles of 48 CFR Part 31.
• The accounting treatment and billing of prevailing wage delta costs are consistent with our prevailing wage policy as either direct labor, indirect costs, or other direct costs on all federally-funded A&E Consultant Contracts.
• All known material transactions or events that have occurred subsequent to year-end affecting the consultant’s ownership, organization, and indirect cost rates have been disclosed as of the date of this certification.
I am providing the required and applicable documents as instructed on the Financial Document Review Request form.
Financial Management System:
Our labor charging, job costing, and accounting systems meet the standards for financial reporting, accounting records, and internal control adequate to demonstrate that costs claimed have been incurred, appropriately accounted for, are allocable to the contract, and comply with the federal requirements as set forth in Title 23 United States Code (U.S.C.) Section 112(b)(2); 48 CFR Part 31.201-2(d); 23 CFR, Chapter 1, Part 172.11(a)(2); and all applicable state and federal rules and regulations.
Our financial management system has the following attributes:
• Account numbers identifying allowable direct, indirect, and unallowable cost accounts; • Ability to accumulate and segregate allowable direct, indirect, and unallowable costs into separate cost accounts;
43 Certification of Indirect Costs and Financial Management System - Independent Office of Audits and Investigations - Revised 9/2022 2 • Ability to accumulate and segregate allowable direct costs by project, contract and type of cost; • Internal controls to maintain integrity of financial management system; • Ability to account and record costs consistently and to ensure costs billed are in compliance with FAR; • Ability to ensure and demonstrate costs billed reconcile to general ledgers and job costing system; and • Ability to ensure costs are in compliance with contract terms and federal and state requirements.
Cost Reimbursements on Contracts:
I also understand that failure to comply with 48 CFR Part 16.301-3 or knowingly charge unallowable costs to Federal-Aid Highway Program (FAHP) contracts may result in possible penalties and sanctions as provided by the following:
• Sanctions and Penalties - 23 CFR Part 172.11(c)(4)
• False Claims Act - Title 31 U.S.C. Sections 3729-3733 • Statements or entries generally - Title 18 U.S.C. Section 1001 • Major Fraud Act - Title 18 U.S.C. Section 1031
All A&E Contract Information:
• Total participation amount on all State and FAHP contracts for Architectural & Engineering services that the consultant received in the last three fiscal periods. • The number of states in which the consultant does business is • Years of consultant’s experience with 48 CFR Part 31 is • Identify the type of audits listed below that the consultant has had performed (if applicable):
Cognizant ICR Audit Local Govt ICR Audit
CPA ICR Audit Federal Govt ICR Audit
Caltrans ICR Audit
I, the undersigned, certify all of the above to the best of my knowledge and belief and that I have reviewed the ICR Schedule to determine that any costs which are expressly unallowable under the Federal cost principles have been removed and comply with Title 23 U.S.C. Section 112(b)(2), 48 CFR Part 31, 23 CFR Part 172, and all applicable state and federal rules and regulations. I also certify that I understand that all documentation of compliance must be retained by the consultant. I hereby acknowledge that costs that are noncompliant with the federal and state requirements are not eligible for reimbursement and must be returned to Caltrans.
Name:** Title**:
Signature: Date:
Phone**: Email**:
**An individual executive or financial officer of the consultant’s or subconsultant’s organization at a level no lower than a Vice President, a Chief Financial Officer, or equivalent, who has authority to represent the financial information used to establish the indirect cost rate.
Note: Both prime and subconsultants as parties of a contract must complete their own forms. Caltrans will not process local agency’s invoices until a complete form is accepted and approved by the Independent Office of Audits and Investigations.
$1,709,962
1 9
Jose Luis Benavides President
12/10/2025
559-570-8991 [email protected]
44 California Safe Harbor Indirect Cost Rate Program
SHR Form Revised 9/25/2020 1
Consultant Firm Certification of Eligibility and Certification of Financial Management System
Consultant Firm Name _____________________________________________________________ Local Agency (if applicable) _______________________________________________________ Contract Number / Federal Project Number ________________________________________ Contract Total $ ___________________________________________________________________ For Subconsultant Firms – estimated % of work to be performed ____________________ % Safe Harbor Indirect Cost Rate (SHR): Home: 120% and/or Field: 90% Field SHR will be utilized for contracts where the work deliverables are not completed from the consultant offices (i.e. Construction Inspection, Material Testing, Sources Inspection, others).
Consultant Firm Certification of Eligibility
I, the undersigned, certify that I am eligible to use the Safe Harbor indirect cost rate as I:
1. Am not a Prime Consultant Firm on a Caltrans contract > $3.5M, or Local Government contract > $1M, regardless of the participation amount.
2. Have not used SHR for more than three (3) years since entering the program on a state or federally funded contract.
AND
1. Do not have relevant contract cost history to use as a base for developing a Federal Acquisition Regulations (FAR) of Title 48, Code of Federal Regulations (CFR), Part 31 compliant ICR.
2. Do not have a previously accepted ICR by a cognizant agency, or with an audited/accepted actual ICR, and do not have an existing contract with a provisional rate.
Certification of Financial Management System
I, the undersigned, certify that our financial management system in place for this contract and moving forward meets the standards for the Safe Harbor indirect cost rate requirements and financial reporting, accounting records, internal and budget control as set forth in 2 CFR 200, Subpart D. These standards require consulting firms have an accounting system Soils Engineering, Inc.
45 California Safe Harbor Indirect Cost Rate Program
SHR Form Revised 9/25/2020 2
adequate to accumulate, and track allowable, allocable, and reasonable direct labor and other direct costs by contract; segregate indirect costs and remove unallowable costs.
Print Name ________________________________________________ Signature ________________________________________________ (Electronic Signature Allowed)
Title ________________________________________________
Date Completed _______________________
Note: The certification of this Safe Harbor Rate was made by, and are the responsibility of, the Company’s management.
Definition of Terms
Direct Cost is any cost that is identified specifically with a particular cost objective. Direct costs are not limited to items that are incorporated in the end products as material or labor.
Costs identified specifically with a contract are direct costs of that contract. All costs identified with other final cost objectives of the contractor are direct costs of those objectives, 48 CFR 31.202.
Indirect or overhead cost is any cost that is not directly identified with a single final cost objective but is identified with two or more final cost objectives or with at least one intermediate cost objective, 48 CFR 31. 203.
References
Title 48 Code of Federal Regulations (CFR) Part 31 -Federal cost principles.
Title 48 CFR Chapter 99, Subchapter B - Procurement Practices and Cost Accounting Standards.
Title is 2 CFR 200 Subpart D, Standards for Financial and Program Management.
Title 23 United States Code (U.S.C.), Chapter 1, Section 112 - Letting of Contracts.
Title 23 CFR, Chapter 1, Part 172 - Procurement, Management, and Administration of Engineering and Design Related Services.
American Association of State Highway and Transportation Officials (AASHTO) Uniform Audit & Accounting Guide (2016 Edition).
Tony Frangie
Vice President
06/26/2025
46 California Safe Harbor Indirect Cost Rate Program
SHR Form Revised 9/25/2020 3
Caltrans Contract
If participating on a Caltrans Contract, also attach a completed copy of the following Safe Harbor Indirect Cost Rate Questionnaire for Evaluating Consultant Firm’s Financial Management System.
47 California Safe Harbor Indirect Cost Rate Program
SHR Form Revised 9/25/2020 4
Questionnaire for Evaluating Consultant Firm’s Financial Management System
Consultant Firm Name _____________________________________________________________ Firm Headquarters Address _________________________________________________________ _________________________________________________________ Accounting Records
x Location where Accounting records are held ________________________ x Name and Title _____________________________________________________ x Email and Phone ____________________________________________________ x Mailing Address _____________________________________________________ ____________________________________________________
To be eligible for Safe Harbor indirect cost rate (SHR), the Consultant Firm’s financial management system must be adequate to accumulate and track direct labor and other direct costs by contract, segregate indirect costs, and remove unallowable costs in accordance with 48 CFR 31 for the different business segments.
Instructions
1. Answer all questions and provide an explanation and additional supporting documentation where requested.
2. If additional space is required, please attach a separate sheet and refer to items being answered by number.
Has the Firm developed an indirect cost rate in the past? Yes ____ No ___ If “Yes”, you are NOT ELIGIBLE to use the SHR.
DO NOT CONTINUE with this Questionnaire and please complete the AASHTO Appendix B ICQ and provide an ICR Schedule.
Is the Firm a Prime Consultant Firm on a Caltrans contract > $3.5M Yes ____ No ___ Or Local Government contract > $1M, regardless of the participation Amount?
If “Yes”, you are NOT ELIGIBLE to use the SHR.
DO NOT CONTINUE with this Questionnaire and please complete the AASHTO Appendix B ICQ and provide an AUDITED ICR Report.
Soils Engineering, Inc.
4400 Yeager Way
Bakersfield, CA 93313
4400 Yeager Way
Beatriz Felix, Office Manager
[email protected] (661) 831-5100
4400 Yeager Way
Bakersfield, CA 93313
x
x
48 California Safe Harbor Indirect Cost Rate Program
SHR Form Revised 9/25/2020 5
1. What form of business entity is the Firm?
Sole Proprietorship ___ Partnership ____ C Corporation __ S Corporation __ Other __________________________________________________
2. What types of services will the Firm provide for this contract? (Select all that apply.) Architectural and Engineering Services ____ Program Management ____ Preliminary Engineering ____ Design Engineering ____
Surveying ____ Feasibility Studies ____
Mapping or Architectural Related Services ____ Other _____________________
3. Does the Firm have prior government contracting experience? Yes ____ No ____
4. Does the general ledger contain separate direct and indirect accounts for the following? Labor Yes ___ No _____ Non-Labor Yes ____ No ____
5. Does the company have a system in place to identify and remove form the indirect cost pools all unallowable cost? Yes_____ No ____
6. Does the firm assign a unique identification/project number in your accounting system for each contract/project?
Yes _____ No _____
7. Is indirect and direct labor separated by contract/project/cost objectives on employee timesheets with unique reporting codes?
Yes _____ No _____
x
x
xx
x
x
x
✔
49 California Safe Harbor Indirect Cost Rate Program
SHR Form Revised 9/25/2020 6
8. Do you have written policies on the following cost categories? Accounting Yes ___ No ____ Overtime Yes _____ No ____
Billing Yes ___ No ____ Direct/Indirect Expenses Yes _____ No ____ Timesheet Preparation Yes ___ No ____ Prevailing Wage Yes _____ No ____ Bonus Yes ___ No ____
9. What types of employee status will the Firm provide for this contract? Non-exempt ____ Exempt-salaried ___ Exempt-hourly ___ Contract Employee ___ Other __________________________________________________
10.Does the Firm pay overtime for exempt employees?
Yes _____ No ___
11.Besides labor, does the Firm normally bill/invoice the following as direct contract/project costs? (Select all that apply)
Vehicle _____ Shipping ______
Computer/CADD _____ Lab ______
Printing _____ Travel ______
Specialty Equipment ____
(List below)
Other (List below) ______
_________________________________ ______________________________
12. Are mileage logs maintained for all vehicles? If no, please explain below.
Explanation _____________________________________________________________________ Where is the vehicle stored after work? ___________________________________________ Does employee use vehicle for personal use? Yes ______________________ No_______ What is the recovery/billing rate used for Firm or personal vehicle mileage reimbursement?
$ ________ per mile
xx
xx
xx
x
xx
x
x
xx
x
No, billable mileage only
yard
x
.70
50 California Safe Harbor Indirect Cost Rate Program
SHR Form Revised 9/25/2020 7
I certify that to the best of my knowledge and belief the responses to this questionnaire are accurate.
Print Name ________________________________________________ Signature ________________________________________________ (Electronic Signature Allowed)
Title ________________________________________________
Date Completed _______________________
Note: The certification of this Safe Harbor Rate was made by, and are the responsibility of, the Company’s management.
Tony Frangie
Vice President
06/26/2025
BAKERSFIELD
(661) 616-2600
5080 California Avenue, Suite 220
Bakersfield, California 93309
VISALIA (HQ)
(559) 733-0440
901 East Main Street
Visalia, California 93292
CLOVIS
(559) 449-2400
601 Pollasky Avenue, Suite 301
Clovis, California 93612
PORTERVILLE
(559) 781-2700
150 West Morton Avenue
Porterville, California 93257
MERCED
(209) 723-2066
2816 Park Avenue
Merced, California 95348
HANFORD
(559) 582-1056
609 North Irwin Street
Hanford, California 93230
KANSAS CITY
(806) 702-8888
1828 Swift Street, Suite 206
North Kansas City, Missouri 64116
QKinc.com
Engineering | Land Surveying | Planning | Environmental | Landscape Architecture | Construction Management
STAFF REPORT
TO: Lindsay City Council
MEETING DATE: February 24, 2026
DEPARTMENT: Parks and Recreation Services
FROM: Armando da Silva, Director of Parks & Recreation Services AGENDA TITLE: Lindsay Orange Blossom Festival - Special Event Permit Approval
ACTION & RECOMMENDATION
Staff recommends that the City Council approve the 94th Lindsay Orange Blossom Festival scheduled for Saturday, April 18
th, 2026, in Lindsay, California.
BACKGROUND | ANALYSIS
The Lindsay Orange Blossom Parade is a long-standing annual tradition in the City of Lindsay, celebrating the region’s rich agricultural heritage, particularly its history of orange cultivation. The event features a variety of activities, including a parade, live entertainment, local vendor booths, and community gatherings, attracting both residents and visitors.
The Lindsay Orange Blossom Festival committee, a dedicated local organization, plans and coordinates the event each year. Their mission is to provide a festive and welcoming atmosphere that highlights Lindsay’s cultural and economic contributions to the Central Valley.
To facilitate this event, the Committee is requesting approval for the following:
1. Street Closure – Necessary for parade routes, vendor areas, and public safety considerations.
2. Use of Public Spaces & Facilities – Including parks, streets, and city-owned event spaces used for staging and public activities.
3. City Services & Parks and Recreation Support – sanitation, and logistical assistance provided by the city.
With the City’s continued support of local traditions and community engagement, the Orange Blossom event not only enhances civic pride but also stimulates local economic activity by drawing attendees who patronize Lindsay businesses.
FINANCIAL IMPACT
The estimated total waived city fees are the $500 special event permit fee and staff time. While this represents a direct reduction in city revenue, the event’s positive economic impact is expected to offset potential revenue losses. Past Orange Blossom events have demonstrated strong community participation, increasing foot traffic for local businesses, and fostering tourism in the region.
The Orange Blossom Committee will still be required to provide a Certificate of Liability Insurance for $2,000,000 per occurrence and $3,000,000 in aggregate, with the City of Lindsay listed as the Certificate Holder. An additional $1,000,000 in liquor liability insurance is also required.
The Lindsay Orange Blossom Festival is a significant annual celebration that fosters community spirit and supports local economic development. Approving the festival aligns with the City’s commitment to cultural and economic growth, ensuring that this tradition continues to benefit Lindsay residents and businesses. Staff recommends approval of the Orange Blossom Festival.
ATTACHMENTS
1. Special Event Permit
Reviewed/Approved: ______
Item #: 12.12
Consent
STAFF REPORT
TO: Lindsay City Council
MEETING DATE: February 24, 2026
DEPARTMENT: City Services
FROM: Dario Dominguez, Director of Public Works and Planning AGENDA TITLE: Adopt Resolution No. 26-12 Authorizing the Submission of a HOME Application to the State Department of Housing and Community Development and identifying the Westmore Senior Apartments, a 40-unit senior housing new construction project located on 2.12 acres of land identified as APN 199-140-034 as the Project Beneficiary if awarded, and further authorizing the City Manager to enter into an Owner Participation Loan Agreement for the Deferral of Impact Fees
ACTION & RECOMMENDATION
Adoption of Resolution No. 26-12 authorizing the submission of a HOME application in the amount not to exceed $8.3 Million to the State Department of Housing and Community Development and identifying the Westmore Senior Apartments, a 40-unit senior housing new construction project located on 2.12 acres of land identified as APN 199-140-034 as the project beneficiary if awarded, and further authorizing the City Manager to enter into an Owner Participation Loan Agreement for the Deferral of Impact Fees in the amount of $300,000.
BACKGROUND
The proposed project, the Westmore Senior Apartments, is a 40-unit senior housing new construction project located on 2.12 acres of land identified as APN 199-140-034. With a mix of 32 one-bedroom units (613 gross sq. ft.) and 8 two-bedroom units (813 gross sq. ft), the proposed project will target seniors earning up to 30- 60% of the area median income for Tulare County. The Project will accommodate 75 parking spaces in the first phase.
The units will be newly constructed apartments in 1 three-story residential building. The type of construction will be wood frame supported by perimeter foundations with concrete slab flooring. This type of construction will allow the building to conform to the natural terrain with only minor amounts of grading. The exterior will be a combination of vinyl lap and shake siding with Class A composite roof shingles and stone veneer accents.
Architectural accents will be incorporated, providing an aesthetically appealing exterior that blends with the character of the surrounding neighborhood and the community of Lindsay. The development will meet Title 24 energy efficiency standards. Minimum construction standards will be adhered to in order to assure that quality family housing development is provided.
The buildings will be oriented appropriately throughout the site with the intent to create a community concept for seniors to enjoy while remaining social and active. The development will include a 2,520 sq. ft. community building with a common kitchen, exercise room, laundry facilities, and business center. Additionally, the development will include covered picnic tables with BBQs and pergolas made from non-combustible material, covered smoking area, bocce ball court, community garden and fenced dog park. An on-site resident manager will provide assistance and management while residing in a two-bedroom manager’s unit.
Within the units, tenants will enjoy standard features such as refrigerators, exhaust fans, dishwashers, disposals and ranges with ovens. All units feature an outdoor patio or balcony and storage space. The design of these apartments will adhere to all necessary requirements to satisfy Section 504 as well as any additional Item #: 12.13
Consent
mandates that the local jurisdiction deems appropriate.
In order for this project to be financially feasible, AMG & Associates (“Developer”) is requesting the following from the City Council to consider:
1. Designate the Westmore Senior Apartment Project as the project beneficiary of HOME funding should the City of Lindsay receive an award. This action would be completed by the adoption of Resolution No. 26-12. There is no cost to the City to apply for HOME project funds as the developer will bear all costs associated with the application preparation.
2. Deferral of Development Impact Fees in the amount of $300,000 which will be paid back through residual receipts beginning in year 16.
DISCUSSION
The developer's request of the City Council has two components, and this report will discuss both. Staff will begin with background on HOME Investment Partnerships Program and then will discuss the anticipated terms of the deferred impact fee loan agreement.
HOME Investments Partnerships Program
The HOME Investment Partnerships Program (HOME) provides formula grants to States and localities that communities use - often in partnership with local nonprofit groups - to fund a wide range of activities including building, buying, and/or rehabilitating affordable housing for rent or home ownership or providing direct rental assistance to low-income people. HOME is the largest Federal block grant to state and local governments designed exclusively to create affordable housing for low-income households.
HOME funds are awarded annually as formula grants to participating jurisdictions (PJs). The program’s flexibility allows States and local governments to use HOME funds for grants, direct loans, loan guarantees or other forms of credit enhancements, or rental assistance or security deposits.
The program was designed to reinforce several important values and principles of community development:
• HOME's flexibility empowers people and communities to design and implement strategies tailored to their own needs and priorities.
• HOME's emphasis on consolidated planning expands and strengthens partnerships among all levels of government and the private sector in the development of affordable housing. • HOME's technical assistance activities and set-aside for qualified community-based nonprofit housing groups builds the capacity of these partners.
• HOME's requirement that participating jurisdictions match 25 cents of every dollar in program funds mobilizes community resources in support of affordable housing.
Types of Assistance
HOME funds are awarded annually as formula grants to participating jurisdictions. HUD establishes HOME Investment Trust Funds for each grantee, providing a line of credit that the jurisdiction may draw upon as needed. The program's flexibility allows States and local governments to use HOME funds for grants, direct loans, loan guarantees or other forms of credit enhancement, or rental assistance or security deposits.
Eligible Grantees
States are automatically eligible for HOME funds and receive either their formula allocation or $3 million, whichever is greater. Local jurisdictions eligible for at least $500,000 under the formula ($335,000 in years when Congress appropriates less than $1.5 billion for HOME) also can receive an allocation. The formula allocation considers the relative inadequacy of each jurisdiction's housing supply, its incidence of poverty, its fiscal distress, and other factors.
Eligible Customers
The eligibility of households for HOME assistance varies with the nature of the funded activity. For rental housing and rental assistance, at least 90-percent of benefiting families must have incomes that are no more than 60-percent of the HUD-adjusted median family income for the area. In rental projects with five or more assisted units, at least 20-percent of the units must be occupied by families with incomes that do not exceed 50-percent of the HUD-adjusted median. The incomes of households receiving HUD assistance must not exceed 80-percent of the area median. HOME income limits are published each year by HUD.
Eligible Activities
The PJ’s may choose among a broad range of eligible activities, using HOME funds to provide home purchase or rehabilitation financing assistance to eligible homeowners and new home-buyers; build or rehabilitate housing for rent or ownership; or for "other reasonable and necessary expenses related to the development of non-luxury housing, "including site acquisition or improvement, demolition of dilapidated housing to make way for HOME-assisted development, and payment of relocation expenses. Up to 10 percent of the PJ's annual allocation may be used for program planning and administration.
Application
Program funds are allocated to units of general local government on the basis of a formula that considers the relative inadequacy of each jurisdiction's housing supply, its incidence of poverty, its fiscal distress, and other factors. Shortly after HOME funds become available each year, HUD informs eligible jurisdictions of the amounts earmarked for them. Participating jurisdictions must have a current and approved Consolidated Plan, which will include an action plan that describes how the jurisdiction will use its HOME funds. A newly eligible jurisdiction also must formally notify HUD of its intent to participate in the program.
As part of the application process, the State Department of Housing and Community Development (hereafter “HCD”) requires a standard resolution be adopted by the applicant authorizing the submission of a project application as we l as a project beneficiary for the funds.
Attached for the Council's consideration is Resolution No. 26-12 authorizing staff to proceed with submitting an application for HOME project funds totaling $8.3 Million ($8 Million project, $300,000 administrative/program), officially declaring a specific project beneficiary, and further authorizes the City Manager to sign all appropriate documents including standard agreements, pursuant the requirements of HCD, as they relate directly to the application and project beneficiary.
Staff is requesting utilizing the tool of HOME funding because the City does not have the capacity to fund a new construction project without other resources and HOME funds are intended to be supplemental funding to more conventional funding (ie. tax credits). With the loss of Redevelopment Agency (RDA) there are limited funding opportunities for affordable housing projects in California since RDA's were a huge contributor to the diversifying housing in California.
If the Council chooses to select a project as the beneficiary of the HOME funds, staff will begin working with the Developer in preparation of the application and submission of said application by the deadline. If the Council takes this avenue there will be no cost to the City to prepare the application.
Deferred Impact Fee Loan Request
The developer has requested for an impact fee deferral to be loaned to their partnership with terms consisting of a residual receipts repayment from available cash flow with a term of 55 years, and a below market interest rate of 1-3%, secured by a Deed of Trust subordinate to senior regulatory agreements and financing, be repaid on a residual receipts basis commencing after repayment of deferred developer fee from available cash flow 30 50% to repay City Loans. This agreement would ensure repayment of fees beginning no later than year 16.
By approving a deferred impact fee loan agreement, the City would not be responsible for paying back the impact fees as they are expected to be repaid but just deferred for a period of time negotiated. The proposed loan terms have been attached for the Council’s review.
If the Council chooses to proceed with approving Resolution No. 26-12 for the HOME beneficiary and further authorize the City Manager to enter into an Owner Participation Agreement for the HOME loan and deferred impact fees, staff will proceed immediately. With this financing mechanism, award of HOME funds would secure the financing needed to develop this project since the developer will be utilizing 4% tax credits which are non-competitive.
FISCAL IMPACT
There is no direct fiscal impact to the City as the project beneficiary will bear all costs associated with submitting the Application to HOME and the deferred impact fee loan agreement will be on the City’s books as a deferred receivable with no impact to the general fund or its reserve. The City, if awarded HOME funds, would be entitled to $300,000 for administration of the grant. This would be accomplished by contracting with a non-profit affordable housing advocacy group to assist in all the reporting and administrative functions of HOME funds.
PUBLIC OUTREACH
Not applicable.
ATTACHMENTS
1. HOME 2025 NOFA
2. Resolution 26-12 Approving Submission of HOME Application
3. Site Plan
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES ANDHOUSING AGENCY GAVIN NEWSOM, Governor
January 29, 2026
MEMORANDUM FOR: ALL POTENTIAL APPLICANTS
FROM: Jenny Cho, Deputy Director
Division of Federal Financial Assistance
SUBJECT: HOME Investment
Partnerships Program
(HOME) 2025 Project
Activities Notice of
Funding Availability
The California Department of Housing and Community Development (the “Department” or “HCD”) is pleased to announce the release of this Notice of Funding Availability (NOFA) for approximately $34 million in federal funds for Project Activities under the HOME Investment Partnerships Program (HOME). Funding for this NOFA is from the Department’s Fiscal Year 2025 (FY25) HOME allocation from the U.S. Department of Housing and Urban Development (HUD). The amount of funding available may change.
This funding provides loans or grants to eligible HOME Applicants serving households with low- and very low-incomes, defined as at or below 80 percent (80%) of Area Median Income (AMI), and at or below 50 percent (50%) of AMI, respectively. This NOFA is subject to state and federal HOME regulations.
NOTE: In an effort to improve tribal access within the HOME Program, the Department has called attention to tribal-specific information within this NOFA in green font.
However, Native American Entity Applicants are encouraged to carefully read through all NOFA contents and application materials thoroughly, not exclusively the green font portions
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT DIVISION OF
FEDERAL FINANCIAL ASSISTANCE
HOUSING BRANCH
651 Bannon Street, Suite 400
Sacramento,CA 95811
www.hcd.ca.gov
The Department will target 20 percent (20%) of the HOME funding for Eligible Applicants that meet the definition of a Native American Entity as set forth and provided in this NOFA. The Department, California Indian Assistance Program (CIAP) and HOME team will provide comprehensive technical assistance to Native American Entities throughout the application process and during implementation of Project activities.
The HOME funds provided through this NOFA will be awarded on a competitive basis to State Recipients, Community Housing Development Organizations (CHDOs), and Developers, as defined in this NOFA. HOME funds awarded to Native American Entities will be on an over-the-counter (“OTC”) application basis, as set forth in this NOFA.
Funding may be used for the following eligible uses:
Project Activities
• Multifamily Rental Projects (new construction, acquisition only, and/or rehabilitation with or without acquisition); and
• First-Time Homebuyer (“FTHB”) Projects (subdivision development) To be considered for HOME funding, Applicants must submit a complete application for each HOME Project activity with required documentation via the EUNA Grants Network Portal only. The Department will begin accepting applications received through the EUNA Grants Portal on January 29, 2026. For cities, counties, CHDOs, and Developers, each completed application package must be submitted no later than 5:00 P.M. Pacific Daylight Time (PDT) on March 30, 2026.
For Native American Entity Applicants (whether a Federally Recognized Tribe or NonFederally Recognized Tribe), application packages may be submitted starting on January 29, 2026, until 5:00 P.M. PDT on June 22, 2026.
Timeline
NOFA Release January 29, 2026
Webinars February 2026
Competitive application submittal period for
cities, counties, CHDOs, and Developers
From January 29, 2026, through March 30,
2026, 5:00 P.M. PDT
OTC application submittal period for
Native American Entities (NAE-FRTs and
NAE-NFRTs)
From January 29, 2026, through
June 22, 2026, 5:00 P.M. PDT, or until the
available funds are exhausted,
whichever occurs first.
All activities and proposed funding in this NOFA are subject to availability of funds and continuing HUD and legislative and fiscal authority.
Applications
Applicants are strongly encouraged to set up their profiles and upload attachments and documents in the EUNA Grants Portal located at
https://gn.ecivis.com/GO/gn_redir/T/vyjsqf2kekyx early to ensure successful submissions prior to the application deadline. Applicants are also strongly encouraged to set up the profile with a centralized email account to avoid loss of access due to staffing change that may result in delays. If Applicants experience trouble logging into the portal or have questions on how to complete the online application, please contact the Department at [email protected] or 916-263-2771.
The Department will hold a series of webinars in February 2026 to review the NOFA and application process. A list of webinar dates, times, and how to register is available on the Department’s HOME website at https://www.hcd.ca.gov/grants-andfunding/programs-active/home-investment-partnerships-program.
Additionally, one-on-one technical assistance appointments will be offered during the application period to assist Applicants with questions regarding the application and application process. Applicants seeking technical assistance may email [email protected] to schedule an appointment.
To receive HOME NOFA information and other program information and updates, please be sure to subscribe to the federal programs email list at https://www.hcd.ca.gov/contactus/email-signup.
Please direct any questions regarding this NOFA to the HOME Program at:
Attachments
HOMEINVESTMENTPARTNERSHIPS
PROGRAM (HOME)
PROJECT ACTIVITIES 2025 NOTICE OF FUNDING AVAILABILITY
Gavin Newsom, Governor
State of California
Tomiquia Moss, Secretary
Business, Consumer Services and Housing Agency
Gustavo Velasquez, Director
California Department of Housing and Community Development 651 Bannon Street, Ste 400, 8th Floor, Sacramento, CA 95811 Phone: (916) 263-2771
Website: https://www.hcd.ca.gov/grants-and-funding/programs-active/homeinvestment-partnerships-program Email address: [email protected]
January 29, 2026
California Department of Housing and Community Development 1 HOME 2025 Projects NOFA
Contents
I. Overview ................................................................................................................ 3 A. Notice of Funding Availability............................................................................. 3 B. Estimated Timeline ............................................................................................ 3 C. Authorizing Legislation and Regulation Authority .............................................. 4 D. Application Submission Process........................................................................ 6 E. Definitions ......................................................................................................... 7 II. Project Requirements.............................................................................................10 A. Eligibility ...........................................................................................................10 B. Eligibility for CHDOs .........................................................................................10 C. Eligibility for Developers ...................................................................................10 D. Eligible Activities...............................................................................................11 E. Ineligible Use of Project Funds..........................................................................11 F. Allocation of Funding ........................................................................................12 G. Funding Amounts and Limits.............................................................................12 H. Program Income................................................................................................13 I. Periods of Affordability .....................................................................................13 J. Forms of Assistance..........................................................................................14 K. Administrative Costs and CHDO Operating Funds ............................................14 III. State and Federal Requirements..........................................................................15 A. Property Standards ...........................................................................................15 B. Timeframes for Use of Funds.............................................................................15 C. Match Requirements.........................................................................................15 D. Transition Reserve Policy ..................................................................................16 E. Annual Monitoring Fees for Multifamily Projects...............................................16 IV. Application Review .............................................................................................17 A. Minimum Application Requirements (Threshold)..............................................17 B. Rating and Ranking ...........................................................................................19 C. Rental Project Scoring and Notification ............................................................20 D. Feasibility Review .............................................................................................20 E. Appeals.............................................................................................................21 California Department of Housing and Community Development 2 HOME 2025 Projects NOFA
V. Award Announcement and Contracts......................................................................22 A. Award Announcement.......................................................................................22 B. Contracts ..........................................................................................................22 A. Right to Modify or Suspend ...............................................................................22 B. Conflicts ...........................................................................................................23 C. Incompatible Funding .......................................................................................23 D. False, Fictitious or Fraudulent Claims...............................................................23 E. Detecting, Preventing, and Reporting Fraud......................................................23 F. Combating Fraud...............................................................................................23 G. Whistleblower Protection Acts .........................................................................24 H. Cancellation and Defaults ................................................................................26 I. Loan Closing Requirements ..............................................................................26 VII. List of Appendices ..............................................................................................27 California Department of Housing and Community Development 3 HOME 2025 Projects NOFA
I. Overview
A. Notice of Funding Availability
The California Department of Housing and Community Development (Department) is pleased to announce the release of this Notice of Funding Availability for Project Activities (Projects NOFA) for approximately $34 million in federal funds for Project activities under the HOME Investment Partnerships Program (HOME). This HOME Projects NOFA provides funding for housing Project activities in “non-entitlement jurisdictions,” which are jurisdictions and unincorporated areas that do not receive HOME funding directly from HUD. These HOME funds will be used to benefit residents of non-entitlement jurisdictions and are specifically designed to assist low-income households by providing affordable housing.
The amount of funding available through this NOFA may vary depending on several factors. If additional funding becomes available, the Department will distribute funds in accordance with the 2025-2029 Consolidated Plan.
These funds may be used in conjunction with other local, state, and federal rental housing programs to assist the same units in the proposed Project development.
The funds available in this NOFA will be used to meet the following statewide goals in accordance with the Department’s 2025-2029 Consolidated Plan and the Department’s 2025-2026 Annual Action Plan, as the same may be amended from time to time, serving low-income households earning at or below 80 percent (80%) of Area Median Income (AMI) and very low-income households earning at or below 50 percent (50%) of AMI:
• Increase Supply and Preservation of Affordable Housing; • Improve Access to Affordable Housing;
• Address the Homelessness Crisis;
B. Estimated Timeline
Table 1 – Estimated Timeline for
Competitive Applicants
NOFA Release January 29, 2026
EUNA Grants Application Portal Opens By February 9, 2026 Webinars February 2026
Competitive application due date for cities,
counties, Community Housing Development
Organizations (CHDOs), and Developers*
March 30, 2026, by 5:00 P.M.
Pacific Daylight Time (PDT)
Anticipated Award Announcements July 2026**
* All applications must be uploaded to Euna Grants no later than the application due date.
California Department of Housing and Community Development 4 HOME 2025 Projects NOFA
**Based on volume these dates may change.
Table 2 – Estimated Timeline for Native
American Entity Applicants
NOFA Release January 29, 2026
EUNA Grants Application Portal Opens By February 9, 2026 Webinars (Specifically for Native American Entities) February 2026 OTC application due date for Native American
Entities (NAE-FRTs and NAE-NFRTs)*
June 22, 2026, by 5:00 P.M.
PDT
Anticipated Award Announcements Continuous until funds are awarded
*All applications must be uploaded to Euna Grants no later than the application due date.
C. Authorizing Legislation and Regulation Authority
This NOFA should be read in conjunction with but not limited to the following regulations, statutes, and plans, as amended, which establish state and federal HOME requirements:
• Federal HOME Investment Partnerships Act Statutes at Title II of the CranstonGonzalez National Affordable Housing Act, as amended, 42 U.S.C. 12701 et seq. • Federal HOME Regulations (24 C.F.R. Part 92)
• Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 C.F.R. Part 200)
• State of California 2025-2026 Annual Action Plan
• State HOME Regulations (25 C.C.R. § 8200 et seq.)
• State Uniform Multifamily Regulations (“UMRs”) (25 C.C.R. § 8300 et seq.) All regulatory references are to the state and federal HOME regulations unless otherwise noted.
Several of the terms used in the HOME Projects NOFA have specific meanings defined by state and/or federal HOME regulations. When reviewing this NOFA and the application forms, carefully review the regulations for further defined terms. State HOME definitions are found in 25 C.C.R. § 8201 and 8217 and federal HOME definitions are found in 24 C.F.R. § 92.2.
If state or federal statutes or regulations, or other laws, policies, or procedures governing HOME or its funding are modified—whether by Congress, HUD, the state California Department of Housing and Community Development 5 HOME 2025 Projects NOFA
Legislature, or the Department—prior to completion of work to be done pursuant to awards made in connection with this NOFA, the changes may become effective immediately and apply to funded activities.
Any inconsistencies between this NOFA and state or federal HOME regulations will be resolved in favor of federal regulations, unless a waiver or modification was approved by the Director in accordance with AB 1010 (Chapter 660, Statutes of 2019). In those instances, the waiver or modification will prevail when not in conflict with the federal HOME regulations.
The Department reserves the right at its sole discretion to suspend, amend, and/or supplement the provisions of this NOFA from time to time. If such action occurs, the Department may notify interested parties through the Department’s HOME Listserv (Email Signup | California Department of Housing and Community Development).
Native American Entities
The state requirements set forth in the HOME Project Activities NOFA are subject to Assembly Bill 1010 (Chapter 660, Statutes of 2019) (“AB 1010”) which is set forth in Health and Safety Code (HSC) § 50406(p), (a) where the provisions of tribal law, tribal governance, tribal charter, or difference in tribal entity or legal structure would cause a violation or not satisfy the requirements of the HOME Projects NOFA, said requirements may be modified as necessary to ensure Project compatibility; and (b) where the provisions of tribal law, tribal governance, tribal charter, or difference in tribal entity or legal structure or agency create minor inconsistencies (as determined by the Director of the Department or a duly authorized designee thereof) with the requirements set forth in the HOME Projects NOFA, the Department may waive said requirements, as deemed necessary, to avoid an unnecessary administrative burden. Matters set forth or otherwise provided for in the HOME Projects NOFA that may be modified or waived include, without limitation, threshold scoring requirements and any other matter set forth in HSC § 50406(p)(2).
Native American Entity Applicants, whether federally recognized or non-federally recognized, are accordingly encouraged to discuss any such potential modifications or waivers and their options in that regard at or during an optional pre-application technical assistance meeting with CIAP and HOME Program staff.
There may be other federal laws or federal doctrines that could provide a basis for a possible modification of some federal requirements for Native American Entity Applicants. An example is where a Native American Entity has its own Tribally Determined Wage, in which case Davis Bacon wage requirements are not applicable.
Native American Entity Applicants are encouraged to begin the AB 1010 waiver process before their application is submitted in order to allow time for the Department to review and make a legal decision on the request.
All applications will be reviewed for completeness and compliance with state and federal requirements. Only complete and compliant applications will be eligible for application review, approval, and potential funding. All awards made and standard agreements entered into under this NOFA will be subject to the provisions in the Department’s grant agreement(s) with HUD and all applicable federal law. The Department’s FY25 HOME California Department of Housing and Community Development 6 HOME 2025 Projects NOFA
allocation from HUD may be subject to additional Federal Conditions, which are listed and discussed in Appendix A: Federal and State Overlays.
D. Application Submission Process
Electronic Application Submission Process
All Applicants must create a EUNA Grants Profile prior to completing an application.
Once the profile is created, the Applicant must complete an application via the EUNA Grants. Application forms are available on the EUNA Grants Portal. Appendix F:
Organizational Documents Checklist and Appendix G: Project Documents Checklist provide a complete list of required uploads for the application.
The Department will not accept applications through personal, postal, shipment deliveries, facsimiles, email, walk-ins, or any other forms of delivery other than the EUNA Grants Portal.
Applicants that do not meet the filing deadline requirements will not be eligible for funding. Applications must be on the Department’s current forms and cannot be altered or modified by the Applicant. Excel forms must be in Excel format, not converted to a PDF document.
The Department may request additional clarifying information from third-party sources, such as local government entities or the Applicant, but this is entirely at the Department’s discretion to determine if the Department has authority to make an award.
Upon the Department’s request, the Applicant shall be given five (5) business days, from the date of staff notification, to submit said documents to clarify the application.
Disclosure of Application
Information provided in the application will become a public record available for review by the public, pursuant to the California Public Records Act (Chapter 1473, Statutes of 1968) (PRA). As such, any materials provided will be disclosable to any person making a request under this Act. The Department cautions Applicants to use discretion in providing information not specifically requested, including, but not limited to, bank account numbers, personal phone numbers, and home addresses. By providing this information to the Department, the Applicant is waiving any claim of confidentiality and consent to the disclosure of submitted material upon receipt of a PRA request.
Concurrent Applications
Due to the unique challenges of the current funding environment, the Department allows Applicants to pursue funding from more than one Department funding program.
Separate concurrent applications to other HCD funding sources are permitted under this HOME Projects NOFA. Applicants, however, MUST disclose all Department applications under review and/or applications anticipated to be submitted, regardless of who is applying for funding (e.g., city, county, Developer, sponsor, etc.), in their application or via email to [email protected].
HOME has strict federal commitment and expenditure deadlines; therefore, if an Applicant submits any other funding applications to the Department after the HOME California Department of Housing and Community Development 7 HOME 2025 Projects NOFA
Projects NOFA application due date, Applicant must notify HOME staff via the HOME Projects NOFA mailbox [email protected]. If Applicants are competitive for a HOME award, the Department will consult with Applicants to determine the best funding scenario for Project feasibility while balancing cost containment. If the Project receives an award from a different state program after the HOME Projects NOFA application due date, HOME Projects NOFA Applicants may be asked to accept a reduction of any Department-administered state program award by the amount of any HOME Project award.
E. Definitions
“Applicant” is any eligible State Recipient, CHDO, Developer, or Native American Entity which submits an application to the Department to develop or rehabilitate Projects using HOME funds within a specified jurisdictional boundary, in accordance with 25 C.C.R. § 8201 and 8204 and HSC § 50896. A Developer of a Project shall not act as administrative subcontractor for the activity.
“Awardee" means the eligible Applicant (and, if applicable, the Co-Applicant) that has been awarded funds from the Department under HOME, and that will be held responsible for compliance with and performance of all HOME requirements. “Choice-Limiting Actions” means an action that may have an adverse impact on the environment or limit the choice of reasonable alternatives. A Choice-Limiting Action may include, but is not limited to, executing a purchase and sale agreement, signing a lease agreement, real property acquisition, rehabilitation, repair, demolition, disposition, or new construction, as set forth in 24 C.F.R. § 58.22, as well as HUD’s guidance in Community Project Funding: Environmental Guidance and Scenarios. For the purposes of environmental review, the Project is the aggregation of all activities that are required to build the Project and must be included in the scope of the environmental review. So even if HOME funds are only used to pay for a portion of the overall Project, Awardees and Subrecipients should still be aware of the activities involved that are considered Choice-Limiting Actions.
Activities listed at 24 C.F.R. § 58.35(b) that are Categorically Excluded Not Subject To 24 C.F.R. § 58.5 are not Choice-Limiting Actions.
“Developer” means any legal entity, including Native American Entities (Native American Entities-Federally Recognized Tribes and Native American Entities-NonFederally Recognized Tribes), that will provide or arrange for design, financing, and construction services in connection with a housing Project as set forth in 25 C.C.R. § 8201(i). A nonprofit organization, formed as a special purpose entity in compliance with 25 C.C.R. § 8313.2, by a Non-Federally Recognized Tribe (NAE-NFRT) as defined herein, may be considered a Developer if the NAE-NFRT satisfies all other Developer eligibility requirements.
“HOME” means the HOME Investment Partnerships Program. In this NOFA, “HOME” is used to refer to the HOME Investment Partnerships Program as a whole, which includes both Program and Project activities. However, this NOFA only applies to Project activities.
California Department of Housing and Community Development 8 HOME 2025 Projects NOFA
“Homeless” means the same as defined under the federal Continuum of Care Program at 24 C.F.R. § 578.3, as may be amended and renumbered from time to time. “Homeless” includes “chronically homeless” and “homeless with a disability.” “Homeownership” means ownership in fee simple title in a 1- to 4-unit dwelling or in a condominium unit, or equivalent form of ownership approved by HUD. (1) The land may be owned in fee simple, or the homeowner may have a 99-year ground lease.
(i) For housing located in the insular areas, the ground lease must be 40 years or more.
(ii) For housing located on Indian trust or restricted Indian lands or a Community Land Trust, the ground lease must be 50 years.
(iii) For manufactured housing, the ground lease must be for a period at least equal to the applicable period of affordability in 24 C.F.R. § 92.254. “Native American Entity – Federally Recognized Tribe (“NAE-FRT”) means any Tribal Government which is a federally recognized tribe as defined at 25 U.S.C. section 4103(13)(B) and includes a duly constituted governing body of an Indian Reservation or Rancheria as Health and Safety Code section 50077 and 50079; or is a Tribally Designated Housing Entity under 25 U.S.C. section 4103(22).
A NAE-FRT may apply as a State Recipient or Developer for HOME Funds. “Native American Entity – Non-Federally Recognized Tribe” (“NAE-NFRT”) means any Tribal Government which is an Indian Tribe located in California that is not a federally recognized tribe and is either: (1) listed in the Bureau of Indian Affairs Office of Federal Acknowledgment Petitioner List, pursuant to 25 C.F.R. Part 83.1, and has formed and controls a special purpose entity in compliance with 25 C.C.R. § 8313.2; or (2) listed on the contact list maintained by the California Native American Heritage Commission for the purposes of consultation pursuant to Government Code (GC) § 65352.3, and (3) has formed and controls a special purpose entity in compliance with 25 C.C.R. § 8313.2.
A NAE-NFRT may only apply as a Special Purpose Entity Developer for HOME funds for Project activities.
“Native American Lands” means real property located within the State of California that meets the following criteria: (1) is trust land for which the United States holds title to the tract or interest in trust for the benefit of one or more tribes or individual Indians, or is restricted Indian land for which one or more tribes or individual Indians holds fee title to the tract or interest but can alienate or encumber it only with the approval of the United States; and the land may be leased for housing development and residential purposes under federal law; or (2) lands outside the jurisdiction of tribal government owned or co-owned by a Native American Entity in accordance with 25 C.C.R. § 8201(y).
“Native American Entity (NAE) Service Area” means the area where the Project is located within the NAL and includes lands outside the NAE tribal government jurisdiction California Department of Housing and Community Development 9 HOME 2025 Projects NOFA
up to 100 miles from the boundary of the NAE trust or restricted land as defined at 25 U.S.C. 2201 that is within non-entitlement jurisdictions. “Project” means a site or sites together with any building (including a manufactured housing unit) or buildings located on the site(s) that are under common ownership, management, and financing and are to be assisted with HOME funds as a single undertaking under this part. The Project includes all the activities associated with the site and building.
“Project Commitment” means the date the state has executed a Standard Agreement with an Awardee that includes the date and signature of each person signing the agreement, and that meets the minimum requirements of a Standard Agreement as defined in 24 C.F.R. § 92.504(c).
“Project Completion” Project Completion occurs upon completion of construction and before occupancy.
“Special Needs Populations” means the same as defined under section 7301 of the Multifamily Housing Program guidelines and includes one or more of the following groups who need Supportive Services to maintain and stabilize their housing:
• people with disabilities:
• at Risk of Homelessness;
• individuals with substance use disorders;
• frequent users of public health or mental health services, as identified by a public health or mental health agency;
• individuals who are fleeing domestic violence, sexual assault, and human trafficking; • individuals who are experiencing Homelessness and individuals experiencing Chronic Homelessness;
• homeless youth as defined in Government Code Section 12957, subdivision (e)(2); • families in the child welfare system for whom the absence of housing is a barrier to family reunification, as certified by a county;
• individuals exiting from institutional settings or at risk of placement in an institutional setting;
• older Adults in Need of Supportive Services; or
• other specific groups with unique housing needs as determined by the Department.
Special Needs Populations does not include “seniors or Veterans” unless they otherwise qualify as a “Special Needs Population” as required by other statutory laws. Special Needs Populations may also include those listed under the Qualified Populations for the HOME-ARP program as stated in CPD-21-10.
“Special Purpose Entities” means the legal entity or combination of legal entities with continuing control of the HOME Project and conforms with the requirements of 25 C.C.R. § 8313.2.
California Department of Housing and Community Development 10 HOME 2025 Projects NOFA
“State Recipient” means a “unit of general local government,” including NAE-FRTs, designated by the State to receive HOME funds in accordance with 24 C.F.R. §
92.201(b)(2) and 25 C.C.R. § 8201(ii).
II. Project Requirements
A. Eligibility
Eligible Applicants
State Recipients, Developers, and CHDOs, as defined in 25 C.C.R. § 8204, are eligible to apply to this Projects NOFA.
Applicants must be in good standing with the State of California, all agencies and departments thereof.
NOTE: Pursuant 25 C.C.R. § 8205(b), Developers are not eligible to apply for First Time Homebuyer Projects unless the Projects will be developed on Native American Land.
Eligible Jurisdictions
Projects must be located in non-entitlement areas. Eligible city and county jurisdictions for 2025 federal HOME funds are listed in Appendix B: Eligible Jurisdictions. If a city or county jurisdiction (jurisdiction) is not listed in Appendix B: Eligible Jurisdictions, and the Applicant is of the opinion that the jurisdiction is eligible to apply to the Department for HOME funds, the Applicant should contact HCD at [email protected] before applying.
B. Eligibility for CHDOs
1. CHDO Applicants must meet all the requirements found at 24 C.F.R. § 92.2 at the time of application submittal and be certified by the Department prior to the execution of its standard agreement.
2. CHDO Applicants must upload the documents required to complete the certification review as part of its application package in the EUNA Grants Portal.
See Appendix C: CHDO Application for Certification for more information about the application process, CHDO eligibility, and a checklist for application items.
NOTE: Tribal governments are not CHDOs; however, tribally affiliated nonprofit organizations may apply for CHDO certification if they meet HUD’s CHDO requirements—including private nonprofit status and limitations on governmental control—at 24 C.F.R. § 92.2 and complete the Department’s certification process.
C. Eligibility for Developers
The Developer applying for HOME funding is the entity that the Department relies upon for experience and capacity and must control the Project during acquisition (site control), development, and occupancy.
California Department of Housing and Community Development 11 HOME 2025 Projects NOFA
Developers must satisfy all other eligibility requirements detailed in this NOFA including, but not limited to, experience and capacity requirements.
Developers may partner with a State Recipient Applicant in addition to submitting one application on its own, however both applications must not be for the same Project.
NAE-NFRTs may apply for HOME funds only as Developers and are not eligible to apply as State Recipients.
Developers may not submit separate HOME applications under the name of another entity over which they exercise control. A Limited Partnership (LP) is not considered an eligible Applicant/Awardee but may be the ultimate borrower.
D. Eligible Activities
Rental Projects
RENTAL NEW CONSTRUCTION PROJECTS — funds are provided to develop a specific multifamily Project on a specific site by a specific developer. Rental new construction Projects may be with or without acquisition.
RENTAL REHABILITATION PROJECTS — funds are provided to rehabilitate a specific rental Project on a specific site by a specific developer. An Applicant may apply for a Project with or without property acquisition. Applicants requesting Project activities funding for a rental Project consisting of multiple sites must be in compliance with 25 C.C.R. § 8303(b).
First-Time Homebuyer (FTHB) Projects
Construction financing must include the following:
• New construction or acquisition/rehabilitation/conversion to develop homes on specific site(s).
• All (100 percent) of the HOME investment rolls over to permanent financing to provide mortgage assistance to eligible first-time homebuyers when the units are sold to eligible homebuyers.
NOTE: Projects with multiple sites must have common ownership and financing.
NOTE: Pursuant 25 C.C.R. § 8205(b), Developers are not eligible to apply for First Time Homebuyer Projects unless the Projects will be developed on Native American Land.
E. Ineligible Use of Project Funds
HOME funds cannot be used for the costs listed in 24 C.F.R. § 92.214.
In accordance with the Department’s 2025-2026 Annual Action Plan, HOME funds may not be used to pay for the cost to refinance existing Project debt.
Pursuant to 24 C.F.R. § 92.206(a)(4), HOME funds cannot pay for the costs associated to construct or rehabilitate laundry and/or other community facilities located in separate California Department of Housing and Community Development 12 HOME 2025 Projects NOFA
buildings containing no residential units. In addition, any community facilities must be for the exclusive use of the residents and their guests and cannot be available to the general public.
Pursuant to 24 C.F.R. § 92.206 (b)(2)(vi), federal HOME funds cannot be used to refinance single family or multifamily housing loans made or insured by any federal program, including CDBG.
Additionally, HOME funds cannot provide a duplication of benefit or supplant any other federal, state, or local funds previously committed to the Project.
F. Allocation of Funding
Table 3 - Allocation of Funding
Funding Targets Amount
CHDO Set-Aside $8,000,000
First-Time Homebuyer Projects Target $2,000,000
Rental Housing Target (Doesn’t include the
CHDO Set-Aside) $16,000,000
Native American Entity Target $8,000,000
G. Funding Amounts and Limits
Table 4 - Funding Limits by Project Activity
Rental new construction or rehabilitation with or
without acquisition $8,000,000
CHDO Operating Funds Grant for Rental Projects* $300,000 Administrative Funds for Rental Projects* $300,000
FTHB Projects $2,000,000
CHDO Operating Funds Grant for FTHB Projects* $200,000
Administrative Funds for FTHB Projects* $200,000
*State Recipients are only eligible for Administrative funds. CHDOs are only eligible for CHDO Operating Funds. Developers are NOT eligible for either Administrative funds or CHDO Operating Funds.
California Department of Housing and Community Development 13 HOME 2025 Projects NOFA
Minimum Amount of Funds per unit
The minimum amount of HOME funds that must be invested in any type of Project shall be $10,000 per unit. For example, for a Project with thirty (30) units, the minimum award amount would be $300,000.
Maximum Amount of Funds per Project
The maximum amount of HOME funds invested in a Project, shall not exceed the HOME maximum per-unit subsidy limits, established by HUD under 24 C.F.R. § 92.250 and can be found here.
FTHB activities are also subject to the HOME Homeownership Value Limits found here.
Project Limits
A Project may receive only one HOME award as a result of this NOFA.
Applicant Limits
An Applicant may receive up to two HOME awards for different Projects.
H. Program Income
The Department encourages Applicants to use HOME Program Income (PI) for their proposed Project activity. Applicants may request approval to use HOME PI on hand through this NOFA by including the amount of PI for the proposed Project activity in the Application Budget. HOME PI is not subject to the award limits as noted above (G.
Funding Amounts and Limits).
I. Periods of Affordability
Table 5 – Periods of Affordability
Tribal and Non-Tribal FTHB Projects*
Minimum Period of
Affordability (in years) HOME Assistance Per-Unit
5 Under $25,000
10 $25,000 to $50,000
15 Over $50,000
Tribal and Non-Tribal Rehabilitation of Existing Rental Housing** California Department of Housing and Community Development 14 HOME 2025 Projects NOFA
Minimum Period of
Affordability (in years) HOME Assistance Per-Unit
10 Years Under $25,000
15 Years $25,000-$50,000
20 Years Over $50,000
New Construction and Rehabilitation with or without Acquisition** Minimum Period of
Affordability (in years) HOME Assistance Per-Unit
55 years Any Amount
New Construction and Rehabilitation with or without Acquisition on Native American Lands (as defined by 25 C.C.R. § 8201 (y)(1))** Minimum Period of
Affordability (in years) HOME Assistance Per-Unit
50 years Any Amount
*24 C.F.R. § 92.254
**25 C.C.R. § 8208
J. Forms of Assistance
HOME assistance may be provided in the form of a loan or a grant subject to 25 C.C.R. § 8205(C)-(H).
K. Administrative Costs and CHDO Operating Funds
For Rental Projects, State Recipients are eligible for a grant of up to $300,000 or 10 percent (10%) of the activity award amount, whichever is lower, for administrative costs pursuant to 24 C.F.R. § 92.207,and CHDOs are eligible for a grant of up to $300,000 or 10% of the activity award amount, whichever is lower, for CHDO operating funds pursuant to 24 C.F.R. § 92.208(a).
For First Time Homebuyer Projects, State Recipients are eligible for a grant of up to $200,000 or 10 percent (10%) of the activity award amount, whichever is lower, for administrative costs pursuant to 24 C.F.R. § 92.207, and CHDOs are eligible for a grant of up to $200,000 or 10 percent (10%) of the activity award amount, whichever is lower, for CHDO operating funds pursuant to 24 C.F.R. § 92.208(a).
California Department of Housing and Community Development 15 HOME 2025 Projects NOFA
III. State and Federal Requirements
A. Property Standards
Pursuant to 24 C.F.R. § 92.251, as applicable, and as may be amended by HUD, housing that is acquired, constructed or rehabilitated with HOME funds must meet all applicable local codes and standards at the time of Project Completion.
Projects involving rehabilitation must comply with the Department’s HOME/NHTF Multifamily Rehabilitation Standards. Pursuant to 25 C.C.R. § 8309(b) and 24 C.F.R. §
92.251(b)(1)(ix), the Department requires rental rehabilitation Project applications to submit a third-party physical/capital needs assessment and a Replacement Reserve Study (RRS) with a 20-year forecast.
Projects involving new construction must comply with the requirements of 25 C.C.R. § 8300 et seq. and 24 C.F.R. § 92.251(a), including, but not limited to, requirements related to accessibility, disaster mitigation, written cost estimates, construction contracts and documents, construction progress inspections, and broadband infrastructure.
B. Timeframes for Use of Funds
In previous years, HUD has waived the requirement that HCD commit HOME funds within 24 months of receiving the allocation. However, for FY25, that requirement was not waived. Therefore, HOME recipients are required to enter into a Standard Agreement with HCD by January 29, 2027.
Table 6 - HOME Project Activity Deadlines
Project Commitment
(see Section I (E) page 9) January 29, 2027
Construction Loan Closing
Within 12 months from Project Commitment
execution date (in accordance with 24 C.F.R.
§ 92.2)
Project Completion and Expenditure Deadline Within 4 years from Project Commitment of HOME funds
C. Match Requirements
HOME match requirements are waived for applications pursuant to this NOFA.
California Department of Housing and Community Development 16 HOME 2025 Projects NOFA
D. Transition Reserve Policy
In the presence of Project Based Vouchers, Projects must be in compliance with the Department’s Pooled Transition Reserve Policy Administrative Memorandum dated January 3, 2023, (Administrative Notice Number 22-08) and amended on August 8, 2023, (Administrative Notice Number 23-01).
E. Annual Monitoring Fees for Multifamily Projects
Pursuant to 24 C.F.R. § 92.214(b)(1)(i), the Department will charge fees to cover the cost of ongoing monitoring and physical inspection of HOME Projects during the state period of affordability. HOME will charge these fees as described below.
Developer and CHDO Projects
The Department charges an annual monitoring fee as follows:
Table 7 – Estimated 2026 Monitoring Fees
Number of HOME Units Annual Fee
12 or fewer $ 6,640
13 to 24 $10,806
25 to 36 $13,122
37 to 48 $13,506
49 to 60 $16,151
61 or more $18,909
To cover inflation, this annual monitoring fee is Projected to increase annually at 3 percent (3%) following the Department's analysis of actual costs for monitoring. The annual monitoring fee will be based on the estimated 2026 fee schedule and will be adjusted upward at an annual rate of 3 percent (3%) to account for inflation. The starting monitoring fee will be calculated based on the year of permanent closing of escrow, applying the 3 percent (3%) annual increase from the 2026 baseline.
California Department of Housing and Community Development 17 HOME 2025 Projects NOFA
State Recipient Projects
Pursuant to 24 C.F.R. § 92.214(b), State Recipients may also charge their borrowers annual monitoring fees to cover the actual ongoing costs to monitor and conduct physical inspections, as described below:
1. The monitoring fee shall be based on the State Recipient’s analysis of actual costs for monitoring the Project and must be approved by the Department; and
2. Twenty-five percent (25%) of the annual monitoring fee received for the Project by the State Recipient must be paid to the Department to cover the Department’s monitoring costs. For more guidance on establishing a monitoring fee, see HOME fires Vol. 14, No. 2: Guidance on Establishing a HOME Monitoring Fee.
Please note: HUD’s requirements for calculating a monitoring fee differ from the state’s UMR requirements.
Native American Entity Projects
Pursuant to this NOFA, the Department waives monitoring fees for Native American Entity Projects during the state period of affordability.
IV. Application Review
A. Minimum Application Requirements (Threshold)
Applications for HOME Projects are required to meet the minimum requirements outlined in this NOFA, 25 C.C.R. § 8200 et seq., and 24 C.F.R. Part 92.
Applications must meet the following minimum requirements at the time of application in order to move forward to the rating and ranking process:
1. The Applicant must submit a complete application in a format made available by the Department by the deadline specified in this NOFA and pursuant to 25 C.C.R. § 8211, and the application forms provided by the Department must not be altered or modified. Appendix F: Organizational Documents Checklist and Appendix G: Project Documents Checklist provide a complete list of required uploads for the application.
2. The Applicant is eligible to apply for funding, in accordance with Section II.A-C of this NOFA.
3. All rules and requirements in this NOFA also apply to Native American Entities, unless this NOFA specifically says otherwise.
4. The Applicant must propose at least one eligible activity pursuant to 25 C.C.R. § 8205.
5. The Applicant must propose an eligible use of funds pursuant to 25 C.C.R. § 8205, 8210, and 24 C.F.R. §92.206.
California Department of Housing and Community Development 18 HOME 2025 Projects NOFA
6. The Applicant must have no unresolved audit findings pursuant to 25 C.C.R. § 8204(a)(1)(D)(ii) and (2)(C)(i).
7. The Applicant must demonstrate its capacity for carrying out activities assisted with HOME funds. Awardees entering into a Standard Agreement with the Department must have capacity, cannot be shell entities, and cannot contract out for capacity (with limited exceptions for new CHDO’s applying for certification via Appendix C: CHDO Application for Certification).
8. Cities, counties, and local public housing authorities must provide documentation satisfactory to the Department that they comply with the submittal requirements of cost principles and audit requirements at 2 C.F.R. § 200.512. Any outstanding findings contained in the audit report may impact on the ability of the Department to grant an award through this NOFA.
9. The Applicant and any member of its Project team must not be on the list of debarred contractors at https://www.sam.gov/SAM/ pursuant to 25 C.C.R. § 8204(a)(1)(D)(iii) and 8204(a)(2)(C)(ii).
10.CHDO applications must contain procedures for ensuring effective Project control pursuant to 24 C.F.R. § 92.300(a)(1) and 25 C.C.R. § 8204(a)(2)(D).
11.There is no pending or threatened litigation that could affect implementation of the proposed Project.
12.The Applicant(s) (not the ultimate borrower) must demonstrate documented site control of the Project at the time of application. Site control is subject to the HOME funding award as required by 25 C.C.R. § 8212(a)(6)(B), 25 C.C.R. § 8303, and 24 C.F.R. Part 92, including but not limited to, demonstrating site control by one of the following:
• Acceptable evidence of site control may include: a conditional purchase agreement or enforceable option for projects involving acquisition, a lease option agreement from DGS and/or HCD as verified by HCD’s Excess Sites Team, a deed or lease, or a title report showing ownership of the property vested in the applicable entity.
• Fee title, which, for tribal trust land, may be evidenced by a title status report (TSR) or an attorney’s opinion regarding chain of title and current title status. • A leasehold interest on the Project property with provisions that enable the lessee to make improvements on and encumber the property, provided that the terms and conditions of any proposed lease shall permit, prior to loan closing, compliance with all HOME requirements, including compliance with 25 C.C.R. § 8316. Land Acquisition and Leaseback shall be done prior to the financing closing.
• An option to purchase is obtained, conditioned on the responsible entity’s determination to proceed with, modify, or cancel the Project based on the results of a subsequent environmental review, and the receipt of an Authority to Use Grants Funds (“AUGF”) from the Department for State Recipient California Department of Housing and Community Development 19 HOME 2025 Projects NOFA
Projects and from HUD for Developer and CHDO Projects. The cost to secure the site control document can be only a nominal portion of the purchase price. • A Purchase Agreement, Disposition and Development Agreement (DDA), Option to Lease, or Exclusive Right to Negotiate is obtained, but this agreement cannot be conditioned on National Environmental Policy Act (NEPA)/California Environmental Quality Act (CEQA) clearance or any other federal requirement.
• A conditional purchase contract may be used for an existing single-family home (1 to 4 units) or an existing multifamily residential Project in some limited circumstances, even when federal funds have already been contemplated.
• The determination as to what constitutes acceptable evidence of site control shall be made by the Department in its sole and absolute discretion. This includes bypassing site control requirements when the Housing Accountability Unit has found that state law requires approval of the Project.
General HUD rules state that Purchase Agreements are acceptable if federal funds are not contemplated. Applicants are cautioned to make sure that the Purchase Agreement or DDA is open-ended or is of sufficient duration that it does not need to be extended after the HOME application is submitted.
HUD has ruled that if a Purchase Agreement/DDA expires after the HOME application is submitted, and before the AUGF is executed, the execution of an extension would be a Choice-Limiting Action (renewal prior to expiration is acceptable). The application also should ensure the Purchase Agreement/DDA has other contingencies, such as a permanent financing contingency, so that the seller cannot legally compel an individual to purchase the site prior to receiving the AUGF.
NOTE: For more details on required and prohibited provisions of agreements consistent with NEPA, see HUD CPD Notice 98- 01: Layering Guidance for HOME Participating Jurisdictions When Combining HOME Funds with Other Governmental Subsidies; HUD CPD Notice 15-09: Requirements for Committing HOME Funds; and HUD Memo:
Guidance on Operations and Conditional Contracts for Purchase of Real Property for Environmental Reviews Conducted by a Responsible Entity under 24 C.F.R. Part 58.
B. Rating and Ranking
The Department will score, rank, and fund applications based on a review of eligible activities for which funds are requested. Each application must be submitted using Department forms and must contain all information required pursuant to 25 C.C.R. § 8211(c)(d). Scoring for Projects is subject to the appeal process described in Section IV (E) of this NOFA. Each Project activity will be evaluated and ranked separately.
In the case of a tied score, the application demonstrating the highest jurisdictional poverty level will be funded first. If Applicants are applying from the same jurisdictional California Department of Housing and Community Development 20 HOME 2025 Projects NOFA
area, the Project with the highest percentage of enforceable commitments will be funded first.
Applications will be funded in descending order based on points earned. Applications that qualify for CHDO and FTHB Project targets will be funded first, based on their scores as necessary to meet the minimum set-asides and funding targets.
Once the set-asides and targets have been achieved, remaining applications will be funded within their respective allocations pursuant to 25 C.C.R. § 8212.1, based on scores relative to all other applications, with the highest-scoring applications funded first.
NOTE: All scoring factors and evaluation requirements are listed in Appendix D: Scoring Factors.
C. Project Scoring and Notification
Once rental Project application scoring is complete, the Department will email the authorized representative and contact person listed in the application describing the scores and facts upon which those scores were determined.
D. Feasibility Review
In accordance with 25 C.C.R. § 8212(a)(6), 25 C.C.R. § 8310, and 24 C.F.R. §
92.250(b), the Department will perform underwriting analysis to substantiate the Project is financially feasible for at least 20 years, as well as cost allocation and subsidy layering analyses to determine the appropriate amount of the HOME award.
When making its feasibility determinations, the Department will:
• Examine all the sources and uses of funds for the Project (including any operating cost assistance, operating cost assistance reserve, or Project-based rental assistance that will be provided to the Project); and • Assess the current market demand in the area in which the Project will be located, the experience of the Applicant team, the amount and quality of the Applicant team’s employees, the financial capacity of the Applicant team, and firm written financial commitments for the Project.
To determine the Project’s feasibility and sustainability, the Department will review the Project Sources and Uses Form. When completing the application form, Applicants should be sure to include all known and potential Project costs.
If an Applicant proposes to develop Project(s) formerly used for agricultural, industrial, manufacturing, or commercial purposes, or the site is situated on, adjacent to or near rail yards, airports, dumpsites, or other potentially contaminated properties, whether abandoned or operating, the Department may require Phase II environmental site assessment, or other soil assessment or testing. If an Applicant proposes to develop site(s) within a 100-year floodplain, the Department requires a HUD 8-step Floodplain California Department of Housing and Community Development 21 HOME 2025 Projects NOFA
Analysis. If not submitted with the application, these reports will be required after award as part of the NEPA process.
If the Applicant has any indication that these conditions may exist, the Department highly recommends that Applicants complete an assessment, soil sampling, or other appropriate testing methodology, prior to submitting the application. The results should be submitted as part of the application documentation, and any additional costs the Project may incur must be included in the Project budget and Sources and Uses Form.
E. Appeals
Basis of Appeals
a. Applicants may appeal to the Department’s written determination that an application is incomplete, has failed threshold review, or has otherwise been determined to provide an insufficient basis for an award (including point scoring and tie breaker).
b. At the sole discretion of the Department, the Department’s written determination may include a request for clarifying and/or corrective information. For purposes of this section, “clarifying information” includes information and/or documentation that resolves ambiguities in any application materials that will inform the Department’s threshold, scoring and feasibility determinations. c. Applicants do not have the right to appeal a decision of the Department relating to another Applicant’s application (e.g., eligibility, award). d. Any request to appeal the Department’s decision regarding an application shall be reviewed for compliance with this NOFA. All decisions rendered shall be made by the Branch Chief or his/her designee. The decision shall be final, binding, and conclusive, and shall constitute the final action of the Department. e. The appeal process provided herein applies solely to decisions of the Department made pursuant to this NOFA.
Appeal Process and Deadlines
a. Process: To file an appeal, Applicants must submit to the Department, by the deadline set forth below, a written appeal which states all relevant facts, arguments, and evidence upon which the appeal is based. Furthermore, the Applicant must provide a detailed reference to the area or areas of the application that provide clarification and substantiation for the basis of the appeal. No new or additional information will be considered if this information would result in a competitive advantage to an Applicant. Once the appeal is submitted to the Department, no further information and/or materials may be accepted or considered. Appeals are to be submitted to the Department at [email protected] according to the deadline set forth in the Department review letters.
California Department of Housing and Community Development 22 HOME 2025 Projects NOFA
b. Filing Deadline: Appeals must be received by the Department no later than five (5) business days from the date of the Department’s threshold review or initial score letters, as applicable, representing the Department’s decision made in response to the application.
V. Award Announcement and Contracts
A. Award Announcement
Subject to the availability of funds, the Department intends to send Award letters in July 2026, for successful Applicants.
B. Contracts
Awardee(s) and ultimate borrower must enter into a Standard Agreement with the Department. The Standard Agreement contains all the relevant state and federal requirements, as well as specific information about the award and the work to be performed. The Standard Agreement includes deadlines that are consistent with state and federal HOME regulations. Any change in the organizational structure may require re-underwriting and could jeopardize the award if the revised structure fails to meet program requirements.
NOTE: The Standard Agreement may be delayed if the HOME Recipient does not timely provide the Department with all required entity resolutions and other entity documentation (e.g., bylaws, articles of incorporation, 501(c)(3) certification, certificate of good standing, limited partnership agreement), in form and content acceptable to the Department in its sole discretion, which evidences that the Awardee has the legal authority to contract with the Department.
The Standard Agreement must be executed by the Awardee(s) within 90 days of receipt.
Failure to execute and return the Standard Agreement(s) to the Department within 90 days may result in award cancellation. The Awardee(s) must remain a party to the Standard Agreement for the full term of the Standard Agreement; removal of the Awardee(s) is prohibited unless the Department provides approval in advance.
VI. Other Terms and Conditions
A. Right to Modify or Suspend
The Department reserves the right, at its sole discretion, to suspend, rescind, amend, modify, or supplement the provisions of this NOFA at any time, including without limitation, the amount of funds available hereunder. If such an action occurs, the Department may notify applicants via e-mail or via a Listserv notice and will post the revisions to the Department website. Be sure to sign up for our Listserv athttps://www.hcd.ca.gov/contact-us/email-signup by choosing “Federal Programs.” California Department of Housing and Community Development 23 HOME 2025 Projects NOFA
B. Conflicts
In the event of any conflict between the terms of this NOFA and either applicable state or federal law or regulation, the terms of the applicable federal law or regulation shall control. Applicants are deemed to have fully read and understand all applicable state and federal laws, regulations, and guidelines pertaining to HOME, and understand and agree that the Department shall not be responsible for any errors or omissions in the preparation of this NOFA.
C. Incompatible Funding
It is the duty and responsibility of each Applicant to review the provisions, requirements, and limitations of all funding sources applied for and obtained for a particular Project or activity in order to ensure that each and every requirement of those funding sources is compatible with all HOME requirements and restrictions.
D. False, Fictitious or Fraudulent Claims
Warning: Any person who knowingly makes a false claim or statement to HUD or the Department in connection with this HOME PROJECTS NOFA may be subject to civil or criminal penalties under 18 U.S.C. 287, 1001 and 31 U.S.C. 3729.
E. Detecting, Preventing, and Reporting Fraud
Fraud is a white-collar crime that has a devastating effect on HOME because HOME beneficiaries are victims of this crime when HOME is abused. The Department is committed to preventing and stopping any criminal assault on HOME it administers, and in doing so ensure all HOME funds go to people it was designed to help and improve their living conditions.
F. Combating Fraud
The HUD Office of Inspector General (OIG) is committed to protecting HUD’s programs, operations, and beneficiaries from dishonest individuals and organizations.
HUD cannot combat fraud alone; they rely on the Department and HOME PROJECTS NOFA Applicants to combat HOME fraud.
HUD also relies on Applicants for, and people receiving, HUD benefits, such as: tenants receiving rental assistance, borrowers with HUD insured loans, and/or citizens having their communities restored using HUD grants.
The HUD OIG Hotline number is 1-800-347-3735. This is the primary means to submit allegations of fraud, waste, abuse, mismanagement, or Whistleblower related matters for HOME to the OIG.
California Department of Housing and Community Development 24 HOME 2025 Projects NOFA
HUD OIG accepts reports of fraud, waste, abuse, or mismanagement in HOME from HUD employees, anyone administering HOME, anyone working in HOME, contractors, and the public.
Complaints can report mismanagement or violations of law, rules, or regulations by HUD employees or program participants.
Fraud, waste and abuse in HOME and its operation may be reported in one of the following four (4) ways:
By email to: [email protected]
By phone: Call toll free: 1-800-347-3735 By fax: 202-708-4829 By mail:
U.S. Department of Housing & Urban Development
HUD OIG, Office of Investigation, Room 1200 Field Office One Sansome Street, San Francisco, CA 94104
HUD OIG, Office of Investigation Suite 4070 Regional Office 300 North Los Angeles Street, Los Angeles, CA 90012
G. Whistleblower Protection Acts
(Federal Whistleblower Protection Act (5 U.S.C Section 2302(b)(8)) The Federal Whistleblower Protection Act (WPA) protects employees from retaliation for making protected disclosures. The WPA also provides penalties for supervisors who retaliate against Whistleblowers.
1. A disclosure is protected under the WPA if the employee discloses information the employee reasonably believes to be evidence of:
a. a violation of any law, rule, or regulation,
b. gross mismanagement,
c. a gross waste of funds,
d. an abuse of authority, or
e. a substantial and specific danger to public health or safety.
2. In general, an employee or Applicant may make a protected disclosure to anyone, including non-governmental audiences, unless the information is classified or specifically prohibited by law from release. Options for making a protected disclosure include:
a. Informing a supervisor or someone higher up in management, b. Submitting a complaint to the OIG by emailing the OIG at [email protected], California Department of Housing and Community Development 25 HOME 2025 Projects NOFA
c. Filing a complaint with the Office of Special Counsel (OSC) https://www.osc.gov/.
d. The California Whistleblower Protection Act (Title 2, Division 1, Chapter
6.5, Article 3.5, Gov. Code §§ 8548-8548.5)
The California Whistleblower Protection Act authorizes the California State Auditor to receive complaints from state employees and members of the public who wish to report an improper governmental activity. An "improper governmental activity" is any action by a state agency or any action by a state employee directly related to state government that:
1. Violates any state or federal law or regulation,
2. Violates an Executive Order of the Governor, a California Rule of Court, or any policy or procedure required by the State Administrative Manual or State Contracting Manual, or
3. Is economically wasteful or involves gross misconduct, incompetency, or inefficiency. Complaints received by the State Auditor are confidential, and the identity of the complainant may not be revealed without the complainant's permission, aside from an appropriate law enforcement agency conducting a criminal investigation.
There are many ways to file a complaint:
1. By Telephone
Call the Whistleblower Hotline at (800) 952-5665 to file a complaint by talking to one of the State Auditor's employees. The hotline generally is staffed Monday through Friday from 8:00 A.M. to 5:00 P.M. If when called, the hotline is not being staffed, or staff is occupied with other calls, a voicemail message can be left requesting a return call.
2. By Mail or Facsimile
To file a complaint in writing, submit a letter to the State Auditor addressed as follows:
Investigations California State Auditor
P.O. Box 1019
Sacramento, CA 95812
Or the letter may be faxed to the State Auditor at (916) 322-2603.
As an alternative, a complaint form may be accessed electronically (which is available on the State Auditor website at www.auditor.ca.gov). To submit, print it out, and return it by mail or facsimile as stated above.
3. Online
Although the State Auditor does not accept complaints by email, complaints may be submitted online at https://www.auditor.ca.gov/whistleblower/.
California Department of Housing and Community Development 26 HOME 2025 Projects NOFA
The State Auditor will not undertake an investigation unless there is a basis for believing that a complaint has sufficient merit to warrant spending resources on an investigation.
A complaint should therefore include:
1. A clear and concise statement of what is being alleged to be improper activity and why it is believed to be improper.
2. The name or other information that clearly identifies the person alleged to have acted improperly and the department where that person works.
3. The names and contact information for any witnesses who can confirm the truth of the complaint.
4. Copies of any documents that will support the complaint. (Do not submit original documents, as they cannot be returned.)
H. Cancellation and Defaults
If HCD is required to repay HUD for HOME funds invested in affordable housing because the Project failed to meet the required minimum period of affordability (pursuant to 24 C.F.R. § 92.252(e)), then the Applicant/Developer/Contractor must repay the same amount back to the Department upon demand.
Terminated Projects: If a HOME Project is terminated pursuant to 24 C.F.R. §
92.205 and the Department must repay any HOME funds invested in the Project to the Department's HOME Investment Trust Fund in accordance with 24 C.F.R. § 92.503(b), then Applicant/Sponsor/Developer/Borrower must repay that money back to the Department, so the Department is made whole.
I. Loan Closing Requirements
Sponsor must submit all Department Closing Checklist items well in advance of the anticipated construction loan closing, occupancy, and permanent loan closing dates.
Sponsors and Borrowers should allow at minimum 90 days after they have submitted to the Department the (i) final due diligence documents; and (ii) final signed transaction summary report for a loan to close.
Failure by Sponsors and Borrowers to timely submit (i) the required due diligence documentation; and (ii) the final signed transaction summary will result in an unnecessary delay to the date when the Department loan will be able to close and may result in extra costs to Borrower. Sponsors and Borrowers are responsible to plan accordingly to ensure a timely closing.
California Department of Housing and Community Development 27 HOME 2025 Projects NOFA
VII. List of Appendices
Appendix A: Federal and State Overlays
Appendix B: Eligible State HOME Jurisdictions
Appendix C: CHDO Certification Instructions
Appendix D: Scoring Factors
Appendix E: Community Need Score
Appendix F: Organizational Documents Checklist
Appendix G: Project Documents Checklist
RESOLUTION NO. 26-12
CITY OF LINDSAY
HEREBY AUTHORIZES: Submittal of an application to the California Department of Housing and Community Development for funding under the HOME Investment Partnerships Program; and if selected, the execution of a Standard Agreement, any amendments thereto, and of any related documents necessary to participate in the HOME Investment Partnerships Program.
WHEREAS:
A. The California Department of Housing and Community Development (the “Department”) is authorized to allocate HOME Investment Partnerships Program (“HOME”) funds made available from the U.S. Department of Housing and Urban Development (“HUD”). HOME funds are to be used for the purposes set forth in Title II of the Cranston-Gonzalez National Affordable Housing Act of 1990, in federal implementing regulations set forth in Title 24 of the Code of Federal Regulations, part 92, and in Title 25 of the California Code of Regulations commencing with section 8200.
B. On January 29, 2026, the Department issued a Notice of Funding Availability announcing the availability of funds under the HOME program (the “NOFA”).
C. In response to that HOME NOFA, the City of Lindsay, a municipal corporation (the “Applicant”), wishes to apply to the Department for, and receive an allocation of, HOME funds.
IT IS NOW THEREFORE RESOLVED THAT:
1. In response to the above-referenced HOME NOFA, the Applicant shall submit an application to the Department to participate in the HOME program and for an allocation of funds not to exceed eight million three hundred thousand dollars ($8,300,000.00) for the following activities and/or programs:
A 40-unit affordable senior housing project
to be located in Lindsay, Tulare County, California.
2. If the application for funding is approved, then the Applicant hereby agrees to use the HOME funds for eligible activities in the manner presented in its application as approved by the Department in accordance with the statutes and regulations cited above. The Applicant will also execute a Standard Agreement, any amendments thereto, and any and all other documents or instruments necessary or required by the Department or HUD for participation in the HOME program (collectively, the required documents).
3. The Applicant authorizes Misty Villarreal, Mayor of the City of Lindsay, or their designee(s) to execute, in the name of the Applicant, the HOME Standard Agreement.
4. The Applicant authorizes Misty Villarreal, Mayor of the City of Lindsay, or their designee(s) to execute, in the name of the Applicant, all other required documents.
PASSED APPROVED AND ADPOTED on February 24, 2026, at a regular meeting of the City Council of the City of Lindsay by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED:
___________________________
Misty Villareal, Mayor
ATTEST:
____________________________
Miranda Cordova, City Clerk
STAFF REPORT
TO: Lindsay City Council
MEETING DATE: February 24, 2026
DEPARTMENT: City Manager
FROM: Kuyler Crocker, City Manager
Agenda Title: Lease Agreement – Clubhouse Kitchen Facility at 801 N. Elmwood Avenue – Proposed Tenant: Salvador Ceja
ACTION & RECOMMENDATION
Approve the Lease Agreement between the City of Lindsay and Salvador Ceja for use of the kitchen portion of the City-owned Clubhouse located at 801 N. Elmwood Avenue, and authorize the City Manager to execute all related documents.
BACKGROUND | ANALYSIS
The City of Lindsay owns the Clubhouse facility located at 801 N. Elmwood Avenue (APN 201-150-003-000).
The kitchen portion of the Clubhouse has historically been leased to a private operator for food services.
The previous tenant operated a food business at this location but has since closed operations. Following the closure, the City has received inquiries from multiple interested parties expressing interest in leasing the kitchen space for food service operations.
After discussions with several prospective tenants, Salvador Ceja has formally expressed interest in leasing the kitchen facility. Mr. Ceja currently operates food service ventures locally and is seeking to expand his operations within the City of Lindsay by utilizing the Clubhouse kitchen space.
Prior Tenant Closure
The prior tenant ceased operations, leaving the kitchen space vacant. While the closure created a temporary interruption at the Clubhouse, it also generated renewed interest in the location. Multiple individuals and business operators contacted the City to inquire about leasing opportunities, demonstrating continued market interest in the site.
Maintaining an active tenant in the kitchen space is important to:
• Generate lease revenue for the City
• Activate the Clubhouse facility during early morning hours • Support local economic development and small business growth Proposed Tenant – Salvador Ceja
Mr. Salvador Ceja has approached the City with a proposal to expand his existing food service operations by leasing the Clubhouse kitchen. His proposal aligns with the intended use of the facility as outlined in the lease agreement.
Under the proposed agreement:
• Use: Restaurant operations
• Access Hours: Monday through Sunday, 12:00 a.m. – 11:59 p.m. • Term: One (1) year initial term with two (2) one-year renewal options • Insurance and indemnification requirements: As outlined in the Lease Agreement Mr. Ceja would be responsible for utilities, interior operational cleanliness, non-permanent interior modifications, and compliance with all applicable municipal, county, state, and federal regulations.
Item #: 12.14
Consent
FISCAL IMPACT
The proposed lease includes the following rent schedule:
Year 1 (Original Term):
• $1,000 per month
• $12,000 annual revenue
Year 2 (First Renewal Option):
• $1,200 per month
• $14,400 annual revenue
Year 3 (Second Renewal Option):
• $1,400 per month
• $16,800 annual revenue
Total Potential Revenue Over Three Years:
• $43,200
There is no security deposit required under the proposed agreement.
The stepped rent structure provides the City with increasing revenue over time while supporting the tenant’s initial expansion phase.
ATTACHMENTS
1. Lease Agreement – City of Lindsay and Salvador Ceja
Reviewed/Approved: ______
LEASE AGREEMENT
This LEASE AGREEMENT (this “Agreement”) is effective as of ________, 2026 (“Effective Date”), and is made by and between City of Lindsay (“Owner”), and ___________ (“Lessee”), on the terms and conditions set forth below.
1. Lease.
1.1 Property. Owner is the simple owner of certain real property located at 801 N. Elmwood Ave, Lindsay, CA 93247, identified by Assessor Parcel Number: 201-150-003-000.
The subject property to be leased by Owner to Lessee shall be a vacant lot and is depicted on Exhibit 1 (the “Property” or the “Premises”). Owner hereby leases to Lessee the Property depicted on Exhibit 1, and Lessee hereby leases the Property from Owner, on the terms and conditions set forth in this Agreement.
1.2 Existing Lease Agreement. The Property is subject to conditions set forth within an existing lease agreement between the City of Lindsay and the Lindsay United Soccer Club (“LUSC”) which is included as Exhibit 2 of this Agreement. Lessee hereby acknowledges that they have received a copy of the existing lease agreement and all related attachments between the City of Lindsay and LUSC for the subject property to be leased by Owner to LUSC described within Exhibit 2 of this Agreement as the Small Office of 200± square feet Southeast portion of the City of Lindsay Clubhouse (the “Property” or the “Premises”).
2. Term.
2.1 Original Term. The term of this Agreement and the Leasehold Estate (the “Original Term”) shall commence on the Effective Date and continue until the one (1) year anniversary of the Effective Date, unless extended as provided herein.
2.2 Renewal Term. Provided Lessee is not in default under this Agreement, Lessee shall have the option, in its sole discretion, to extend and renew the term of this Agreement for one (1) additional year. Should Lessee exercise that option, at the end of the additional year, Lessee shall have the option, in its sole discretion, to extend and renew the term of this Agreement for one more additional year. Lessee may exercise such options by written notice delivered to Owner no later than sixty (60) days prior to the expiration of the Original Term or the then-existing Renewal Term, as applicable.
3. Rent.
3.1 Original Term Rent. In consideration of the rights granted to Lessee in this Agreement, Lessee will pay Owner commencing on the Effective Date and continuing until the end of the Original Term, unless this Agreement is sooner terminated. Lessee shall pay Owner a monthly fee equal to $1000 per month. Lessee shall pay the monthly fee on the first day of each and every month during the Original Term each month until the termination or expiration of this Lease Agreement.
3.2 Renewal Term Rent. If Lessee exercises its right to renew the term of this Agreement for any Renewal Term, this rent amount shall increase to $1200 per month, beginning and effective on the start date of the Renewal Term. Should Lessee exercise the additional one year option after the first renewal year, the rent shall increase to $1400 per month, beginning and effective on the start date of the Renewal Term.
3.3 Security Deposit. None.
4. Development and Operation.
4.1 Lessee Responsibility. Lessee agrees to comply with all municipal, county, state, and federal law.
4.2 Grant of Lease. Owner grants to Lessee a License (“the License”) to perform the following acts on the Property. Lessee shall have access to a portion of the Clubhouse for the purpose of restaurant operations Monday through Sunday of each week between the hours of 12:00AM to 11:59PM. Lessee shall set hours of operation. Lessee shall be permitted to secure Property. Lessee shall secure the office and shall provide a key to the Owner as requested. Lessee is responsible for the cleanliness of all areas utilized. The Owner shall ensure that if the facility is utilized outside of the Lessee hours, the facility will be cleaned prior to the next regularly scheduled use by Lessee. The Property shall be utilized by Lessee for the purpose of a restaurant and shall not be utilized by Lessee for any other purpose. The Owner shall perform annual building inspections of the property.
4.3 Incidental Rights and Obligations. Lessee shall have full and exclusive management authority over the Property areas during the times of scheduled operations and shall assume full responsibility for the timely cleaning of all areas used. Lessee shall be permitted to install telephone services and assume all responsibility for installation, control of use, and service cost. Lessee will be responsible for non-permanent interior modifications to accommodate their operations. The Owner shall provide facility management oversight, routine building and grounds maintenance, and schedule use of the building outside of the Lessee operational hours. The Owner shall schedule all activities in the Clubhouse aside from Lessee’s daily usage and will notify Lessee of the schedule. The Owner, Lessee, and other users of the facility shall meet semi-annually to address any concerns and coordinate schedules and programmed use for the next six (6) months.
4.3 Ownership of Improvements. Lessee can request to make improvements to the property with sixty (60) days notice. Following the expiration of all terms, Owner shall become the sole owner of all right, title, and interest in and to the Improvements, however, Owner shall have the right to demand Lessee to return the Property to its original condition at Lessee’s sole expense. Lessor will be responsible for repairs and installations of permanent fixtures i.e., HVAC, light fixtures, and windows.
5. Insurance Requirements.
5.1 Commercial General Liability. Lessee shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CB 00 001, in an amount not less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage including without limitation, blanket contractual liability. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
Lessee’s general liability policies shall be primary and shall not seek contribution from the Owner’s coverage and be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that Owner and its officers, officials, employees, and agents shall be additional insureds under such policies. Any failure to comply with reporting provisions of the policies by Lessee shall
not affect coverage provided the Owner. Coverage shall state that Lessee insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. Coverage shall contain a waiver of subrogation in favor of the Owner
5.2 Property Insurance. Against all risks of loss to any tenant improvements or betterments, at full replacement cost with no coinsurance penalty provision.
5.3 Worker’s Compensation and Employer’s Liability – Statutory. Lessee shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance with limits of at least one million dollars ($1,000,000). Lessee shall submit to Owner, along with the certificate of insurance, a waiver of subrogation endorsement in favor of Owner, its officers, agents, employees, and volunteers.
5.4 All Coverages. Each insurance policy required by the agreement shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or reduced in limits except after thirty (30) days' prior written notice has been given to the Owner, except that ten (10) days’ prior written notice shall apply in the event of cancellation for nonpayment of premium. All self-insurance, self-insured retentions, and deductibles must be declared and approved by the Owner.
5.5 Evidence of Insurance. Prior to commencement of work, the Lessee shall furnish the Owner with certificates, additional insured endorsements, and waivers of subrogation evidencing compliance with the insurance requirements above. The Lessee must agree to provide complete, certified copies of all required insurance policies if requested by the Owner.
5.6 Acceptability of Insurers. Insurance shall be placed with insurers admitted in the State of California and with an A.M. Best rating of A- VII or higher.
5.7 Subcontractors and Consultants. A category of risk and the applicable insurance requirements will be determined on a “per subcontractor” or “per consultant” basis, considering the particular work to be done by the subcontractor or consultant and the interrelationship of that work to other work being conducted by the Lessee.
6. Taxes. Owner shall be responsible for, and shall timely pay before the same become delinquent, all taxes, assessments, or other governmental charges that are imposed on, or arise in connection with, the Property. Lessee shall be responsible for all other tax created by lessee’s activity on the Property.
7. Utilities.
7.1 Utilities belonging to Lessee. Lessee agrees to pay any and all utilities supplied to the Premises. Owner shall not be liable in damages or otherwise for any failure or interruption of any utility service being furnished to the Premises. No such failure or interruption shall entitle Lessee to terminate this Lease, unless such failure or interruption persists for an unreasonable period, without cure.
7.2 Utilities not belonging to Lessee. The Property is subject to conditions set forth within an existing lease agreement between the City of Lindsay and the Lindsay United
Soccer Club (“LUSC”). Lessee is hereby granted authorization by Owner to work directly with LUSC to determine the appropriate cost sharing for all shared utilities supplied to the Property, if any.
8. Maintenance. In the event Lessee fails to maintain the Premises in good order, condition and repair, Owner shall give Lessee notice to do such acts as are reasonably required to maintain the Premises. In the event Lessee fails promptly to commence such work or diligently prosecute the same to completion, Owner may but is not obligated to do such acts and expend such funds at the expense of Lessee as are reasonably required to perform such work. Any amount so expended by Owner shall be paid by Lessee promptly after demand. Lessee shall keep the leased area and covered patio area adjacent to the Property in a neat, clean and orderly condition and shall repair any damage that occurs due to the use of the property.
9. Indemnity. The Lessee agrees to defend and indemnify the Owner for any liability stemming from any adverse judgment or settlement against the Owner in connection with any activity performed or allowed by the Lessee at the Property, specifically the Lessee shall indemnify the Owner against all liability, claims, demands, losses, damages, costs, charges, and expenses, including reasonable attorney's fees, that the Owner may in any way sustain, incur or become liable for in consequence of any activities performed or allowed by the Lessee at the Property. If the Lessee fails to defend and indemnify as set forth in this Agreement, the Owner may bring a separate suit against the Lessee for failure to do so and immediately terminate the lease agreement. For purposes of any such potential suit the Lessee hereby waives any and all applicable statutes of limitations applicable to indemnity claims arising in connection with prosecution of a lawsuit and the party’s rights and obligations for indemnity shall flow from this written agreement. If the Owner fails to defend and indemnify as set forth in this Agreement, the Lessee may bring a separate suit against the Owner for failure to do so. For purposes of any such potential suit the Owner hereby waives any and all applicable statutes of limitations applicable to indemnity claims arising in connection with prosecution of a lawsuit and the party’s rights and obligations for indemnity shall flow from this written agreement.
10. Default; Termination.
10.1 Notice and Cure. In the event of an alleged breach or default by either party of any representation, warranty, or obligation under this Agreement, the non-defaulting party shall provide the defaulting party with a reasonably-detailed written notice of such default and a thirty (30) day opportunity to cure such default; provided, however, that if curing the default will reasonably take longer than the said thirty (30) day time period, the defaulting party shall have such time period reasonably necessary to cure such default, provided that the defaulting party commences to cure the default within the initial thirty (30) day period. Following the application of the foregoing notice and cure requirements, the non-defaulting party may terminate this Agreement and/or exercise any other rights or remedies available to it at law or in equity; provided, however, that the non-defaulting party shall use commercially reasonable efforts to mitigate its damages arising from such default.
10.2 Termination. Notwithstanding any provision of this Agreement to the contrary, Lessee may terminate this Agreement at any time by written notice to Owner; provided, however, that any notice of termination following the Operations Date shall not be effective until sixty (60) days following Owner’s receipt of such notice. In the event this Agreement is terminated
by Lessee in accordance with this section, Owner authorizes Lessee to execute and record a notice of termination evidencing such termination.
11. Assignment and Sublease. Lessee shall not voluntarily or by operation of law assign, transfer, mortgage otherwise encumber all or any part of Lessee’s interest in this Lease or in the Premises, and shall not sublet or license all or any part of the Premises, without the prior written consent of Owner in each instance, with such consent not being unreasonably withheld and any attempted assignment, transfer, mortgage, encumbrance, subletting or license without such consent shall be wholly void. Lessee may assign this Lease to any parent company, subsidiary or sister company, or closely related entity of Lessee and/or its owners (“Related Party Assignment”).
In any such event of a Related Party Assignment, Lessee shall inform Owner, provide Owner with the Related Party Assignment documents for Owner to acknowledge Owner’s receipt of same and Owner shall promptly acknowledge the receipt of the Related Party Assignment and return a copy thereof to Lessee. In no event shall Owner withhold its acknowledgement or otherwise try to interfere with any such Related Party Assignment.
12. Miscellaneous.
12.1 Entire Agreement. This Agreement, together with its attached exhibits, which are incorporated into this Agreement by this reference, contains the entire agreement of the parties with respect to the subject matter hereof, and supersedes any other agreement or understanding, all of which shall be of no force or effect. No addition or modification of any term or provision of this Agreement shall be effective unless set forth in writing and signed by each of the parties hereto. The terms and conditions of this Agreement are not to be construed more liberally in favor of, or more strictly against, either party to this Agreement. The use of the neuter gender includes the masculine and feminine, and the singular number includes the plural, and vice versa, whenever the context so requires. The terms “include”, “includes” and “including”, as used herein, are without limitation. Captions and headings used herein are for convenience of reference only and do not define, limit, or otherwise affect the scope, meaning, or intent hereof.
12.2 Governing Law. The terms and provisions of this Agreement shall be interpreted in accordance with the laws of the state in which the Premises is located without reference to the choice of law principles of such state or any other state.
12.3 Legal Counsel and Advice. Each party to this Agreement has had the opportunity to consult with legal counsel and other advisors of its own choosing prior to executing this Agreement.
12.4 Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon Owner and Lessee, any Assignee, and each of their respective heirs, transferees, successors, and assigns. References to Lessee in this Agreement shall be deemed to include Assignees that hold a direct ownership interest in this Agreement.
12.5 Notices. All notices or other communications required or permitted hereunder, including payments to Owner, shall be in writing, and shall be personally delivered, delivered by reputable overnight courier, or sent by registered or certified mail, return receipt requested and postage prepaid, to the addresses set forth on the signature page of this Agreement.
Notices personally delivered shall be deemed given the day so delivered. Notices given by overnight courier shall be deemed given on the first business day following the mailing date.
Notices mailed as provided herein shall be deemed given on the third business day following the
mailing date. Any party may change its address for purposes of this subsection by giving written notice of such change to the other party in the manner provided in this subsection.
12.6 Choice of Law. The Property is located in the County of Tulare, State of California. The laws of the State of California shall govern the validity, enforceability or interpretation of this Agreement. Tulare County shall be the venue for any action or proceeding, in law or equity that may be brought in connection with this Agreement. Both parties hereby waive any rights they may possess under Section 394 of the Code of Civil Procedure to transfer to a neutral county or other venue any action arising out of this Agreement.
12.7 Mediation. Should a dispute arise between any of the parties, the dispute will be submitted to mediation before litigation. Any party may start the process by giving written notice to the other party. The mediator will be selected and mediation conducted through the California Mediation Rules and Procedures, or with the mutual consent of the parties, by another mediation organization or mediator. The mediation will be confidential in accordance with California Evidence Code 1152.5 and the parties will equally bear the mediation costs.
IN WITNESS WHEREOF, the parties execute this Agreement effective as of the Effective Date.
OWNER:
____________________________________
City of Lindsay
251 E Honolulu St.
Lindsay, CA 93247
LESSEE:
____________________________________
Salvador Ceja
801 N. Elmwood
Lindsay CA 93247
EXHIBIT 1
PROPERTY/PREMISES
Kitchen portion of the Clubhouse, located at 801 N. Elmwood, Lindsay CA, 93247, identified by Assessor Parcel Number: 201-150-003-000
PHOTO/MAP OF PROPERTY
Clubhouse
EXHIBIT 2
STAFF REPORT
TO: Lindsay City Council
MEETING DATE: February 24, 2026
DEPARTMENT: Parks and Recreation Services
FROM: Armando da Silva, Director of Parks & Recreation Services Agenda Title: Parks and Recreation Services Update
ACTION & RECOMMENDATION
No Action and Recommendation Needed
BACKGROUND | ANALYSIS
This evening, the team has prepared a presentation focusing on the latest parks and recreation activities, programs, and city-wide special events.
FISCAL IMPACT
No Fiscal Impact
ATTACHMENTS
1. Recreation Update PowerPoint
Reviewed/Approved: ______
Item #: 13.1
Department Heads
Report
Parks & Recreation Updates
Lindsay
Luis Morales
SPORTS COORDINATOR
LINDSAY YOUTH SPORTS
Tiny Hitters (TK - K)
• Registration: January - February
• Activity: April - May (Saturdays)
Lindsay Youth Baseball & Softball League (1st - 8
th)
• Registration: January - March
• Practice: May
• Games: June
VOLUNTEER COACHES NEEDED
ACTIVITIES & PROGRAMS
• Youth Competitive Swim Camp
• March 16 – April 15 / Monday & Wednesday / 5:30pm – 6:30pm • $60 Per Child / Must know how to swim / Swim test on first day • Let’s Pickle!
• Thursdays / 5:30pm – 7:45pm / $5 non-members & Free for members • Mental Wellness Workshop
• Mondays / 10:30am – 11:15am / Free / The Bright Minds Project
NEW PARTNERSHIPS
• SNIP Bus
• Mobile Spay & Neuter / Monthly in Lindsay / Small Fees may Apply • FoodLink
• Food Distribution / 2nd Monday of the Month / Free Food • Kaweah Health
• Health & Wellness Workshops / TBA
CURRENTLY HIRING
Sports Officials
Lifeguards & Lead Lifeguards
TULARE WORLD AG EXPO
LINDSAY WELLNESS CENTER
PROMOTIONAL VIDEO
QUESTI NS?
STAFF REPORT
TO: Lindsay City Council
MEETING DATE: February 24, 2026
DEPARTMENT: City Manager
FROM: Kuyler Crocker, City Manager
Agenda Title: Consideration of Initiating the Formation of a Property and Business Improvement District (PBID)
ACTION & RECOMMENDATION
Provide direction to staff regarding initiation of the formation process for a Property and Business Improvement District (PBID), including property owner outreach, boundary identification, and preparation of required formation documents pursuant to the Property and Business Improvement District Law of 1994.
BACKGROUND | ANALYSIS
Property and Business Improvement Districts are assessment districts formed under the Property and Business Improvement District Law of 1994 (California Streets and Highways Code §36600 et seq.). PBIDs are established at the request of property owners and are funded through assessments levied on properties within the district boundaries.
PBIDs are commonly used throughout California to strengthen downtowns and commercial corridors by providing enhanced services such as maintenance, safety programs, beautification, marketing, and business advocacy. There are currently more than 200 PBIDs operating statewide, including in cities such as Sacramento, Burbank, Walnut Creek, San Jose, and Los Angeles.
The primary purpose of a PBID is to improve the economic vitality, cleanliness, safety, and overall attractiveness of a commercial area. PBID-funded services must be supplemental in nature and may not replace or reduce existing City services.
Typical PBID Services
Depending on local needs, PBID services may include:
• Clean and Safe Programs:
Sidewalk and street cleaning, graffiti removal, landscape maintenance, and security or ambassador patrols.
• Beautification and Capital Improvements:
Streetscape enhancements, lighting, signage, street furniture, public art, and gateway features. • Marketing and Promotion:
Branding, advertising campaigns, special events, and coordinated promotions to attract customers and visitors.
• Business Support and Advocacy:
Business attraction and retention efforts, stakeholder outreach, and representation before City and regional agencies.
Applicability to the City of Lindsay
A PBID could provide a structured mechanism for downtown and commercial property owners in Lindsay to collaboratively address shared challenges and opportunities. Potential benefits include improved district appearance, increased business activity, enhanced public perception, and a unified voice for property owners.
Item #: 14.1
Action Items
Formation of a PBID is property-owner driven and requires majority support through a formal balloting process.
The City’s role is to facilitate the process, ensure compliance with State law, and administer assessment collection.
PBID FORMATION PROCESS
If City Council elects to proceed, the following steps would be required:
1. Property Owner Outreach and Education
Conduct meetings and distribute informational materials to gauge interest and explain PBID requirements.
2. Preliminary Boundary and Service Identification
Define a proposed district area and identify potential services and improvements.
3. Preparation of a Management District Plan and Engineer’s Report Documents outlining services, budgets, assessment methodology, and governance structure.
4. Petition and Balloting Process
Property owner petitions and ballots conducted in accordance with State law.
5. City Council Public Hearing and Formation Action
Council consideration of PBID formation following completion of the balloting process.
FISCAL IMPACT
There is no immediate fiscal impact associated with this report. Any future City costs would be limited to administrative functions related to PBID formation and assessment collection, which are typically reimbursed by the district. The scope and scale of assessments would be determined by participating property owners.
ATTACHMENTS
1. PBID Informational Overview — “What Is a Property & Business Improvement District?” Reviewed/Approved: ______
Property &
Business
Improvement
District (PBID)
What is a PBID?
Assessment district formed by
property owners
Authorized under CA Streets &
Highways Code §36600
Funds supplemental services and
improvements
Why Consider a PBID?
Strengthens downtown
& commercial areas
Enhances cleanliness,
safety, and appearance
Provides a unified
voice for property
owners
Typical PBID Services
Clean & Safe programs
Beautification & streetscape improvements
Marketing & promotions
Business support & advocacy
PBID Enhancements & Community Impact
Enhance
Landscaping
Maintenance
Services &
Cleaning
Murals & Public
Art
Lighting & Safety
Improvements
Holiday &
Seasonal
Decorations
Building Façade
Enhancement
Programs
Community
Events &
Programming
Role of the City
FACILITATE
FORMATION PROCESS
ENSURE COMPLIANCE
WITH STATE LAW
COLLECT
ASSESSMENTS ON
BEHALF OF DISTRICT
PBID Formation Process
Property owner
outreach
Define boundaries
& services
Management Plan
& Engineer’s
Report
Balloting & City
Council action
Fiscal Impact
NO DIRECT GENERAL
FUND IMPACT
COSTS REIMBURSED BY
PBID ASSESSMENTS
Next Steps
Council direction Begin stakeholder
outreach
Return with
formation
documents
STAFF REPORT
TO: Lindsay City Council
MEETING DATE: February 24, 2026
DEPARTMENT: City Services
FROM: Joseph Avina, City Services Manager/ Inspector
Agenda Title: Consideration of Approval of a Public Art Mural & Adoption of Resolution 26-11 Condition of Approval at 222 N. Elmwood Ave. Lindsay, CA 93247.
ACTION & RECOMMENDATION
Adopt a resolution approving the proposed mural located at 222 N. Elmwood Ave. Lindsay, CA 93247 subject to the conditions of approval listed in this report & Resolution 26-11.
BACKGROUND | ANALYSIS
Municipal Code Section 18.14.320 allows murals subject to City Council approval. Murals are reviewed for consistency with community standards, public safety, and compatibility with surrounding land uses.
The applicant submitted a complete mural application on December 4, 2025, including color renderings, site photographs, artist statement, and written consent from the property owner.
Consistency with Municipal Code
The proposed mural complies with applicable mural standards, including:
• Does not contain commercial advertising or signage
• Does not include offensive or inappropriate content
• Is compatible with the scale and character of the building and surrounding area Aesthetic and Community Impact
The mural is designed to activate an otherwise blank wall and provide visual interest. The subject matter reflects local history/culture/nature/community values, which aligns with the City’s goals for public art and placemaking.
Public Safety and Maintenance
The mural will not obstruct doors, windows, or visibility for vehicles or pedestrians. The applicant has agreed to maintain the mural in good condition and repair any vandalism or fading.
ENVIRONMENTAL REVIEW
The project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities), as the mural involves minor alteration of an existing structure with no expansion of use.
FISCAL IMPACT
There is no fiscal impact from this item.
ATTACHMENTS
1. Resolution No. 26-11
2. Permit Application
3. Mural Rendering
4. Consent letter
Reviewed/Approved: ______
Item #: 14.2
Action Items
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF LINDSAY
RESOLUTION NO. 26-11
NUMBER 26-11
TITLE
MEETING
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LINDSAY APPROVING A PUBLIC ART MURAL LOCATED AT 222 N.
ELMWOOD AVE, LINDSAY. CA 93247
At a regularly scheduled meeting of the City of Lindsay City Council held on February 24, 2026, at 6:00 PM at 251 E. Honolulu Street, Lindsay, CA 93247
WHEREAS, Urbanists Collective has submitted an application to install a public art mural on the exterior wall of the building located at 222 N. Elmwood Ave. Lindsay, 93247 Assessor’s Parcel Number 205-264-009; and
WHEREAS, the proposed mural consists of artwork measuring approximately 1,890 SF and depicting agricultural representation specific to the region; and WHEREAS, Municipal Code Section 18.14.320 permits murals subject to City Council approval; and
WHEREAS, the City Council has reviewed the mural application, staff report, plans, and supporting materials; and
WHEREAS, the City Council finds that the proposed mural is consistent with community standards, compatible with surrounding land uses, and will enhance the visual character of the area; and
WHEREAS, the applicant, the owner of the structure, and the artist shall indemnify, defend, and hold the City of Lindsay, its officials, officers, employees, and agenda harmless from and against any and all damages or liabilities of whatever nature arising our of or in connection with the wall mural; and
WHEREAS, the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities), as it involves minor alteration of an existing structure;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LINDSAY DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The mural shall be installed in substantial conformance with the approved plans and renderings on file with the Community Development Department.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF LINDSAY
RESOLUTION NO. 26-11
SECTION 2. The mural must be completed within 90 days after the date painting commences. The final anti-graffiti protective clear coat must be applied within this 90-day period. Time extensions may be granted by the City Manager or designee in 30-day increments up to a maximum of 60 days upon showing of good cause.
SECTION 3. The applicant/property owner shall be responsible for maintaining the mural in good condition for the life of the artwork.
SECTION 4. Any graffiti, vandalism, or damage shall be removed or repaired promptly.
SECTION 5. The City reserves the right to require removal of the mural if it becomes dilapidated, is no longer maintained, or violates applicable laws or regulations.
SECTION 6. Any future modification to the mural shall require additional City approval.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF LINDSAY
RESOLUTION NO. 26-11
PASSED AND ADOPTED by the City Council of the City of Lindsay as follows:
MEETING DATE February 24, 2026
MOTION
SECOND MOTION
AYES
ABSENT
ABSTAIN
NAYS
CERTIFICATION OF THE FOREGOING RESOLUTION AS FULL, TRUE, PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF LINDSAY AS DETAILED. _____________________________________
Misty Villarreal, Mayor
CERTIFICATE OF ATTESTING OFFICER
The undersigned, Miranda Cordova, City Clerk of the City of Lindsay does hereby attest and certify that the foregoing Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of the City of Lindsay which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date thereof.
ATTEST: _____________________________________
Miranda Cordova, City Clerk
Urbanists Collective 501c3 ein# 82-2598749 ubi# 604 603 341 SAM# N6J6H31QZ8L8 December 4, 2025
City of Lindsay Services Department
Re: Mural Application
Dear Services Department Review Panel,
On behalf of Urbanists Collective and the Dolores Huerta Foundation, I respectfully request that the City of Lindsay Permit Department accept and process our mural application. We sincerely apologize for not submitting the permit earlier; the process was unclear to us, as the permit language appears primarily focused on commercial signage rather than community-based, noncommercial murals.
We believe our proposed design fully aligns with the City of Lindsay’s mural guidelines by incorporating historical relevance, agricultural representation specific to the region (including olives), and Trompe-l'œil elements. Additionally, the mural expresses community values that honor and uplift agricultural workers, in accordance with our First Amendment right to artistic expression.
We appreciate your consideration and look forward to moving this project forward in partnership with the City.
Sincerely,
Erik Gonzalez
Executive Director
Urbanists Collective
[email protected]
Erik Gonzalez Executive Director - Patricia Pratt California Director - Joel Martin - Operations Manager www.urbanistscollective.com
Applications for sign permits require the following documents and information to be complete. Required items may vary depending on the project. Check with a member of our staff to confirm exactly which documents are required. If at any point during construction, the scope of the approved work changes, all modifications shall be submitted to the City for approval prior to performing work which deviates from that approved.
Please identify the type of signage.
INFORMATION TO PROVIDE WITH APPLICATION.
Building permit application
Plans: 3 sets are required
Dimensions
Materials
Building elevations drawing or photograph of
the proposed sign in color
Mounting details
PURPOSE
The purpose of this policy is to regulate signs as an information system that preserves and enhances the aesthetic character and environmental values of the City of Lindsay POLICY
Signs that are located or mounted on private property within the jurisdictional boundaries of the City of Lindsay are subject to regulations required by Ord. No. 611, amending Ord. 579 adopted Oct.10th 2023.
INSTRUCTIONS
Step 1: Find your designated rules for your proposed sign in the charts provided in this packet.
Step 2: Find your zoning district. You can find City of Lindsay Zoning Map on our website under Documents Directory. If you need assistance, ask a member of our staff.
Step 3: Submit a completed Building Permit Application then sign and attach this checklist. Submit all the required materials.
SIGN PERMIT APPLICATION CHECKLIST
ATTACHMENT F
Temporary
$225.00
Permanent Electrical
$590.00
Non-Electrical
$460.00
Number and Size of Permanent Signs by Zone
Zone District Permanent Building Signs Permanent Freestanding Signs R-A (Residential Agricultural),
R (Residential), and RM
(Multiple Residential) districts
with 4 or less residences per site
1 sign per residence maximum
4 sq.ft. maximum size per sign
Placement a maximum 8 ft. high
External illumination only.
None allowed
R-A, R, and RM districts with 5
or more residences per site or
with non-residential uses on site
1 sign per street frontage
maximum.
30 sq.ft. maximum size per sign.
Placement a minimum of 5 feet
below roofline.
External illumination only.
1 Sign per frontage maximum.
20 sq.ft. maximum size.
6 feet high maximum.
External illumination only.
PO (Professional Office)
districts
2 sq.ft. per 1 lineal foot of
building frontage up to 60 sq.ft.
on primary frontage.
1 sq.ft. per 1 lineal foot up to 30
sq.ft. on secondary frontage.
1 monument sign per street
frontage.
Less than 50 feet of frontage: 20
sq.ft., 6 feet high maximum
5-150 feet of street frontage: 36
sq.ft., 6 feet high maximum
5-foot minimum setback from
property line
CN (Commercial
Neighborhood), CS (Service
Commercial, CH (Highway
Commercial) districts
Number of signs per business
establishment limited to 6. The
allowed square footage per
building frontage is cumulative.
Primary building frontage: 2
sq.ft. per 1 lineal foot up to a
maximum 350 sq.ft. along
primary frontage. 50 sq.ft.
allowed regardless of frontage
length.
Secondary building frontage: 1
sq.ft. per lineal foot up to a
maximum 200 sq.ft. per
secondary frontage. 35 sq.ft.
allowed regardless of frontage
length.
1 sign per establishment
maximum.
60sq.ft. maximum sign face
size.
20 feet high maximum is set
back 10 feet more from property
line.
10 feet high maximum if set
back to 5 to 10 feet from
property lines.
Sites with an integrated
shopping center: 1 additional
freestanding sign up to 200 sq.ft.
Maximum height not greater
than the average height of the
buildings.
5-foot setback minimum from
the lot line.
15-foot setback from side or rear
line
CC (Commercial Corridor)
districts
2 sq.ft. per 1 lineal foot of
building frontage up to 60 sq.ft.
on primary frontage.
1 sq.ft. per 1 lineal foot up to 30
sq.ft. on secondary frontage.
Shopping centers only: 1
freestanding sign per frontage
based on the following:
Less than 50 feet of frontage: 20
sq.ft., 10 feet high maximum
50-150 feet of street frontage:
40 sq.ft., 15 feet high maximum
150-300 feet of street frontage:
65 sq.ft., 20 feet high maximum
5-foot setback minimum from
property line
1 district No limit to number of signs per
business establishment.
1 sq.ft. per lineal foot of
property line adjoining a street,
or 100 sq.ft. per acre of site area
in whichever is greater, to a
maximum of 600 sq.ft. of sign
face.
1 sign per frontage maximum
60 sq.ft. maximum sign face
size.
20 feet high maximum.
5-foot setback from lot line
15-foot setback from side lot
line
RCO (Resource Conservation
and Open Space) District
1 sign per street frontage
maximum
30 sq.ft. maximum size per sign.
External illumination only
1 sign per site maximum
20 sq.ft. maximum size
6 feet high maximum
External illumination only
5-foot setback from all lot lines.
Number of Size of Temporary Signs by Zone
Zone District Temporary Building Signs Temporary Freestanding Signs R-A, R, and RM districts with 4
or less residences per site
1 sign per site
12 sq.ft. maximum per sign.
Placement a maximum of 15
feet high.
No illumination.
Up to 4 per site maximum.
32 cumulative sq.ft. maximum
sign size.
First sign maximum 5 feet high,
all other signs maximum 3 feet
high.
No illumination.
R-A, R, and RM districts with 5
or more residences per site or
with non-residential uses on site
1 sign per street frontage.
32 sq.ft. maximum size per sign.
Placement a minimum 3 feet
below roofline.
No illumination.
Up to 4 per site maximum
32 cumulative sq.ft. maximum
sign size.
First sign maximum 5 feet high,
all other signs maximum 3 feet
high.
No illumination.
PO district 1 sign per establishment.
10 sq.ft. plus an additional 1
sq .ft. per 2 lineal feet of
primary building frontage
maximum size.
Placement a minimum 3 feet
below roofline.
No illuminatio.
1 sign per site, plus 1 additional
sign for 300 lineal feet of street
frontage, rounded down to the
nearest whole number.
16 sq.ft. maximum sign size.
6 feet high maximum.
No illumination.
CN district 1 sign per establishment
10 sq.ft. plus an additional 1 sq.
ft. per 2 lineal feet of primary
building frontage maximum
size.
Placement a minimum 3 feet
below roofline.
No illumination.
1 sign per site, plus 1 additional
sign for every 300 lineal feet of
street frontage, rounded down to
the nearest whole number.
One half of signs, 32 sq.ft.
maximum sign size. Other half
of signs, 16 sq.ft. maximum
sign size.
6 feet high maximum.
No illumination.
CC, CS, and CH districts 1 sign per establishment.
10 sq.ft. per establishment, plus
an additional 1 sq.ft. per 2 lineal
feet of primary building frontage
maximum size.
No illumination.
1 sign per site.
10 sq.ft. maximum sign size.
If placed on sidewalk, the sign
shall allow for a minimum 4-
foot-wide path of travel.
No illumination.
Freestanding banners are not
allowed.
1 district 1 sign per street frontage.
32 sq.ft. maximum size per sign.
Placement a minimum 3 feet
below roofline.
No illumination.
Up to 4 per site maximum.
32 cumulative sq.ft. maximum
sign size.
First sign maximum 5 feet high,
all other signs maximum 2 feet
high.
No illumination.
RCO district None allowed. Up to 4 per site maximum.
32 cumulative sq.ft. maximum
sign size.
No illumination.
18.14.250 Size of signs on windows: Signs affixed to windows may cover up to 100% of each window. They shall not be counted toward the maximum allowable sign size.
A. No handwritten signs shall be displayed.
B. No newspaper, magazine paper, or any non-durable materials that may be subject to rapid deterioration.
C. Signs shall be maintained to appear presentable and professional.
Smoke shops, cannabis retail, and establishments that sell liquor shall follow the mandated regulations provided by State law for window visibility and general advertisement.
Building sign example:
INCOMPLETE SUBMITTALS WILL BE REJECTED
I have reviewed this checklist. All items checked above are included. Plans must be signed by the person responsible for their preparation.
PRINTED NAME: _________________________________________________________ SIGNATURE: __________________________________________ DATE: _______________ Temporary Sign Fee Waiver Application
Newly established businesses may apply for one temporary sign permit, free of charge, within their first year of business. The permit fee waiver will only apply for one sign and will require our City Services and Planning Departments approval. Please attach a brief disciption of your propposed sign applying for the fee waiver.
I ___________________ kindly request that the fee's are waived for the first year of my newly established bussiness sign permit application located on _____________________________.
Signature:_______________________ Date: _______________ Planning Department Use Only:
Signature:______________________ Approval date:______________
18.14.140 Exempt signs.
A. The following signs are exempt from the permit requirements of this chapter and do not count toward the total sign area limit for a site, if they conform to applicable standards:
1. One nameplate per residence or business premises, not exceeding two (2) square feet in area, identifying the owner, address and/or business hours of the property.
2. Barber poles, not exceeding 18 inches in height, located in a non-residential zone district and containing no lettering.
3. Signs on vehicles, provided that the message pertains to the establishment of which the vehicle is an instrument or tool, and the sign does not utilize changeable copy or special illumination.
4. Holiday and cultural observance decorations on private property that do not include commercial advertising. This exemption includes strings of lights associated with a holiday decoration.
5. Official notices issued by a court or public agency and posted in the performance of a public duty; notices posted by a utility or other quasi-public agency; signs erected by a governmental agency to direct or regulate pedestrian or vehicular traffic; noncommercial bus stop signs erected by a public transit agency, or other signs required or authorized by law. This exemption also covers signs and banners for special civic events erected by the City, which may be displayed in public rights-of-way.
6. Signs that are located entirely within a building or enclosed structure and are not visible from the public right-of-way.
7. Signs located on a private area of a lot that is not accessible by the general public, such as a backyard, and are not visible from the public right-of-way.
8. Signs and menu display boards fixed to mobile vending carts, up to a maximum of eight (8) square feet of sign area, plus a menu display board.
9. Signs that are part of a vending machine, gas pump, or similar device.
10. Signs mounted on carrier vehicles such as buses, taxicabs, and limousines that legally pass through the city.
11. Window signs that conform to the standards of Chapter 18.14.
B. Exempt signs that have electrical connections or engineered supports shall obtain the appropriate building permit, as required by the California Building Code.
CITY SERVICES DEPARTMENT
P: (559) 562-7102 Ext 4 F: (559) 562-5748
P.O. Box 369 · 150 N. Mirage, Lindsay, CA 93247
APPLICATION FOR PERMIT/PLAN CHECK
By submitting for the plan check process, I agree that I am responsible for all Permit and Plan Check Fees. I also acknowledge that I have read and understood the Special Notes in regards to City of Lindsay Ordinances.
Applicant’s Signature Date:
************************************************************************************************************************************************* Site Plan Review YES NO Received By: Date:
City Ordinances
1. City of Lindsay Ordinance 538 Section 12.30 -
Pursuant to section 5610 of the Streets and
Highways Code, landowners adjacent to
public sidewalks are responsible for
maintaining such sidewalks in such condition
that the sidewalk will not endanger persons or
property or interfere with the public
convenience in its use.
2. City of Lindsay Ordinance Chapter 12 Section
12.20.010 - All trees and shrubs adjacent to
the streets of the city shall be pruned and
trimmed by the adjacent property owner in
such a manner that the branches thereof shall
not hang below a height of eight and one-half
feet above the top of the curb of the city street,
and seven feet over the top of the sidewalk.
PROJECT ADDRESS:
Project Description:
APN:
Project Valuation:
APPLICANT’S NAME:
Applicant’s Address:
City, State, Zip:
Phone:
Email:
PROPERTY OWNER:
Property’s Address:
City, State, Zip:
Phone:
Email:
CONTRACTOR:
Contractor’s Address:
City, State, Zip:
Phone:
State License #: Classification:
Email:
ARCHITECT OR
ENGINEER:
Architect/Engineer’s
Address:
City, State, Zip:
Phone:
Email:
SUBMITTAL REQUIREMENTS
Residential Project Use Attachment A
Commercial Project Use Attachment B
Swimming Pool Project Use
Attachment C
Solar Project Use Attachment D
Window Replacement Attachment E
Sign Permit Attachment F
WORK TO BE PERFORMED BY:
Owner Builder Contractor
Community Mural, Public Art
n/a
n/a
Erik Gonzalez
45 W Cortez Drive #21152
Sedona AZ 86341
408-515-8988
[email protected]
Urbanists Collective
45 W Cortez Drive #21152
Sedona AZ 86341
408-515-8988
n/a
C4071333 501c3
222 N. Elmwood Ave
12/4/2025
Lindsay CA
559-792-6572
Juan Carlos Diaz
MURAL CONCEPT
MURAL SCALE IS 15' HEIGHT X 80' LENGTH
MURAL COMPLETED
PUBLIC ART MURAL
Submittal & Conditions of Approval
Mural Location 222 N. Elmwood Ave.
Mural Rendering
Conditions of Approval
• The mural shall be installed in substantial conformance with the approved plans and renderings on file with the Community Development Department. • The mural must be completed within 90 days after the date painting commences. The final anti-graffiti protective clear coat must be applied within this 90-day period. Time extensions may be granted by the City Manager or designee in 30-day increments up to a maximum of 60 days upon showing of good cause.
• The applicant/property owner shall be responsible for maintaining the mural in good condition for the life of the artwork.
• Any graffiti, vandalism, or damage shall be removed or repaired promptly. • The City reserves the right to require removal of the mural if it becomes dilapidated, is no longer maintained, or violates applicable laws or regulations. • Any future modification to the mural shall require additional City approval.
Questions
STAFF REPORT
TO: Lindsay City Council
MEETING DATE: February 24, 2026
DEPARTMENT: City Manager
FROM: Kuyler Crocker, City Manager
Agenda Title: Adoption of Legislative Advocacy Plan
ACTION & RECOMMENDATION
Staff recommends that the City Council:
1. Adopt the proposed Legislative Advocacy Plan; and
2. Authorize the City Manager to implement the Plan and engage in legislative advocacy consistent with its policy direction.
BACKGROUND | ANALYSIS
The City of Lindsay Legislative Advocacy Plan establishes formal policy direction for engagement with the California State Legislature and state Agencies. This plan will be a tool to direct legislative and policy positions for The Gualco Group to use, as legislation is amended in a fast-paced environment. Being responsive is critical to being effective in advocacy effort. The Plan outlines board polices for The Gualco Group to advocate on behalf of the City of Lindsay. Without a legislative plan, the Lindsay City Council would need to take formal action on each piece of legislation, when thousands of bills are authored every year in Sacramento. This supports our continuing efforts to enhance Lindsay’s voice and advocate of our City, along with our involvement with the California League of Cities and other organizations.
The City of Lindsay engages with state agencies and legislators to secure funding, influence policy, and ensure that new laws recognize the unique needs of small, rural Central Valley communities. In recent years, the State has enacted significant legislation affecting parks, transportation, infrastructure, public safety, and municipal finance.
Given increasing state mandates, competitive grant funding, and budget volatility, a formal Legislative Advocacy Plan provides clear direction to staff and consultants regarding the City’s priorities and policy positions.
The proposed Plan is designed to:
• Protect local control and revenue stability.
• Increase access to state and federal funding.
• Reduce administrative burdens on small jurisdictions; and • Ensure new mandates are accompanied by funding and implementation flexibility.
The Legislative Advocacy Plan establishes guiding principles and priority policy areas for state engagement.
1. Parks, Recreation, and Community Facilities
The City will support legislation that increases funding access for disadvantaged and rural communities, reduces matching fund requirements, and streamlines grant processes. The Plan prioritizes rehabilitation of existing facilities and equitable scoring criteria in statewide park bond programs.
Relevant agencies include:
• California Department of Parks and Recreation
• Strategic Growth Council
• California Department of Finance
Item #: 14.3
Action Items
2. Transportation and Mobility
The City will advocate for protection and expansion of funding for local streets and roads, active transportation improvements, and rural transit connectivity. The Plan emphasizes preservation of local control over transportation revenues.
Relevant agencies include:
• California Transportation Agency
• California Department of Transportation
• California Transportation Commission
• California Department of Finance
3. Public Works and Infrastructure
The City supports legislation that increases funding for deferred maintenance, climate resilience, water and stormwater systems, and compliance flexibility for small cities. The Plan seeks to ensure that new infrastructure mandates include funding support.
Relevant agencies include:
• California Department of Water Resources
• State Water Resources Control Board
• Strategic Growth Council
• Governor’s Office of Land Use and Climate Innovation
• California Department of Finance
4. Law Enforcement and Public Safety
The Plan supports expanded grant funding for recruitment, retention, equipment, and training for small police departments, as well as regional collaboration models.
Relevant agencies include:
• California Department of Justice
• Board of State and Community Corrections
• California Governor's Office of Emergency Services
• California Department of Finance
5. Taxation, Revenue, and Budget Stability
The Plan emphasizes protection of local revenues, opposition to state shifts of local funds without backfill, and improved predictability in state fiscal decisions.
Relevant agencies include:
• California Department of Finance
• California State Controller’s Office
• California Department of Tax and Fee Administration
ENVIRONMENTAL REVIEW
Adoption of the Legislative Advocacy Plan is not a project under CEQA pursuant to CEQA Guidelines Section 15378, as it does not commit the City to a specific project.
FISCAL IMPACT
Adoption of the Legislative Advocacy Plan has no direct fiscal impact. The Plan is intended to position the City to secure additional grant funding, protect local revenues, and reduce unfunded mandate exposure.
ATTACHMENTS
1. Attachment A – Legislative Advocacy Plan
2. PowerPoint – City of Lindsay 2026 Legislative Advocacy Plan
3. Resolution No. 26-09 – A Resolution of the City Council of the City of Lindsay Adopting the 2026 Legislative Advocacy Plan
Reviewed/Approved: ______
ATTACHMENT A
2026 LEGISLATIVE ADVOCACY PLAN
City of Lindsay
I. PURPOSE
The City of Lindsay Legislative Advocacy Plan establishes formal policy direction for engagement with the California State Legislature and state agencies. The Plan is intended to:
• Protect local authority and fiscal stability;
• Increase access to state and federal funding;
• Reduce administrative burdens on small jurisdictions; • Ensure new mandates include funding and implementation flexibility; • Promote equitable treatment of small, rural Central Valley communities.
II. GUIDING PRINCIPLES
1. Recognize the distinct challenges facing small, rural, and Central Valley communities;
2. Include funding, flexibility, or technical assistance for local implementation;
3. Avoid imposing new mandates without dedicated and ongoing funding;
4. Support collaborative approaches between state agencies and local governments;
5. Improve administrative efficiency and reduce unnecessary reporting burdens.
III. LEGISLATIVE PRIORITY AREAS
1. Parks, Recreation, and Community Facilities
• Expand eligibility or increase funding for state parks and recreation grant programs; • Reduce matching fund requirements or provide alternative match options; • Streamline grant application and reporting processes; • Support joint-use or shared-use recreational facilities; • Authorize funding for rehabilitation of existing park facilities.
2. Transportation and Mobility
• Protect and increase funding for local streets and roads; • Enhance funding for active transportation projects;
• Support transit access and first-/last-mile connectivity; • Improve roadway safety;
• Preserve local control over transportation revenues.
3. Public Works and Infrastructure
• Increase funding for deferred maintenance and infrastructure rehabilitation; • Provide flexibility for multi-benefit infrastructure projects; • Extend compliance timelines where mandates are not funded; • Simplify permitting and environmental review for small-scale projects; • Expand technical assistance programs for small cities.
4. Law Enforcement and Public Safety
• Expand grant funding for staffing, recruitment, retention, and training; • Support investment in public safety equipment and facilities; • Encourage community-based public safety strategies;
• Avoid unfunded operational mandates;
• Support regional collaboration and shared services.
5. Taxation, Revenue, and Budget Stability
• Protect existing local revenue streams;
• Oppose shifts of local revenues to state purposes without backfill; • Increase funding equity for small and rural cities;
• Reduce fiscal uncertainty created by mid-year budget changes; • Improve transparency and predictability in state budget decisions.
IV. IMPLEMENTATION
• The City Manager is authorized to communicate legislative positions consistent with this Plan;
• Staff may engage with legislators, state agencies, and regional partners; • Positions may be updated as legislation evolves consistent with Council direction; • The Plan may be reviewed and updated annually.
City of Lindsay
2026 Legislative Advocacy Plan
City Council Meeting
2026
Purpose of the Plan
• Establish formal legislative priorities
• Protect local revenues
• Increase funding access
• Reduce unfunded mandates
• Advocate for small and rural city equity
Guiding Principles
• Recognize small and rural community challenges
• Oppose unfunded mandates
• Support funding and implementation flexibility
• Improve administrative efficiency
• Promote state-local collaboration
Priority Area 1: Parks &
Community Facilities
• Expand access to park bond funding
• Reduce matching fund requirements
• Streamline grant applications and reporting
• Fund rehabilitation of existing facilities
• Protect equitable scoring criteria
Priority Area 2:
Transportation
& Mobility
• Protect local streets and roads
funding
• Support active transportation
projects
• Improve rural transit
connectivity
• Preserve local control of
revenues
Priority Area 3: Public
Works & Infrastructure
• Increase deferred maintenance funding
• Support climate resilience projects
• Extend compliance timelines when unfunded
• Expand technical assistance for small cities
Priority Area
4: Law
Enforcement
& Public
Safety
• Support staffing and
recruitment grants
• Fund equipment
and technology
upgrades
• Encourage regional
collaboration
• Avoid unfunded
public safety
mandates
Priority Area
5: Revenue
& Budget
Stability
• Protect existing local revenue
streams
• Oppose state shifts without
backfill
• Improve funding allocation
equity
• Increase predictability in state
budget decisions
Implementation
• Council adoption of the
Legislative Advocacy Plan
• City Manager authorized
to advocate
• Ongoing monitoring of
legislation
• Communication with
legislators and state
agencies
Recommended
Action
Adopt Resolution
Approving the
2026 Legislative
Advocacy Plan
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF LINDSAY
RESOLUTION NO. 26-09
NUMBER 26-09
TITLE
MEETING
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LINDSAY ADOPTING THE 2026 LEGISLATIVE ADVOCACY PLAN.
At a regularly scheduled meeting of the City of Lindsay City Council held on February 24, 2026, at 6:00 PM at 251 E. Honolulu Street, Lindsay, CA 93247
WHEREAS, the City of Lindsay provides essential municipal services including parks, transportation infrastructure, public works, public safety, and fiscal administration for the benefit of its residents; and
WHEREAS, actions taken by the California State Legislature and state agencies materially impact the City’s fiscal stability, operational authority, and ability to deliver services; and WHEREAS, the City Council desires to establish formal policy direction to guide legislative advocacy efforts and ensure consistent representation of the City’s interests; and WHEREAS, the 2026 Legislative Advocacy Plan identifies guiding principles and priority policy areas reflective of the needs of a small, rural Central Valley municipality; and WHEREAS, adoption of the Legislative Advocacy Plan does not constitute a “project” under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LINDSAY DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council hereby adopts the 2026 Legislative Advocacy Plan attached hereto as Exhibit A and incorporated herein by reference.
SECTION 2. The City Manager, or designee, is authorized to implement the Legislative Advocacy Plan and to engage in legislative advocacy activities consistent with the policy direction established by the City Council.
SECTION 3. The City Manager is further authorized to communicate the City’s legislative positions to members of the California State Legislature, state agencies, regional organizations, and other governmental entities consistent with this Plan.
SECTION 4. This Resolution shall take effect immediately upon adoption.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF LINDSAY
RESOLUTION NO. 26-09
PASSED AND ADOPTED by the City Council of the City of Lindsay as follows:
MEETING DATE Click or tap to enter a date.
MOTION
SECOND MOTION
AYES
ABSENT
ABSTAIN
NAYS
CERTIFICATION OF THE FOREGOING RESOLUTION AS FULL, TRUE, PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF LINDSAY AS DETAILED. _____________________________________
Misty Villarreal, Mayor
CERTIFICATE OF ATTESTING OFFICER
The undersigned, Miranda Cordova, City Clerk of the City of Lindsay does hereby attest and certify that the foregoing Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of the City of Lindsay which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date thereof.
ATTEST: _____________________________________
Miranda Cordova, City Clerk
ed: ______
STAFF REPORT
TO: Lindsay City Council
MEETING DATE: February 24, 2026
DEPARTMENT: City Manager
FROM: Kuyler Crocker, City Manager
AGENDA TITLE: Agreement with VL Friday Night Market for Services Related to the Friday Night Market
ACTION & RECOMMENDATION
Authorize an agreement with VL Friday Night Market and grant the City Manager authorization to execute documents relating thereto.
BACKGROUND | ANALYSIS
On February 28, 2022, an agreement between the City of Lindsay and VL Friday Night Market for the operationsof the Friday Night Market was executed. On February 14, 2023, Addendum No. 1 was executed, extending the agreement's term for an additional year.
As directed by Council at the April 11, 2023, City Council meeting, staff negotiated a new contract with VL Friday Night Market that was subsequently approved on October 24, 2023. The new agreement reflected the following:
1. A new flat rate of $3,000 per market session,
2. A revised market boundary map that accurately defines the designated area of operation for VLFriday Night, and
3. Amended the date by which a Final Report from the market operator must be distributed to the City Manager and City Council to be the first regular meeting in December, or as soon as possible thereafter.
The City of Lindsay has enjoyed a highly successful collaboration with VL Friday Night Market, witnessing numerous positive outcomes and benefits. With the current agreement having expired, staff have reviewed the contract language and made modifications to ensure it is up to date and compliant with current requirements. A draft agreement is attached for review.
FISCAL IMPACT
Per the agreement, the Market Operator shall pay the City a flat rate of three thousand dollars ($3,000) per Market session. Annual budget to the General Fund.
ATTACHMENTS
1. Agreement Between the City of Lindsay and VL Friday Night Market
2. Financial Report from 2022 to 2025 VL Friday Night Market Reviewed/Approv
Item #:14.4
Action Items
AGREEMENT BETWEEN THE CITY OF LINDSAY AND VL FRIDAY NIGHT MARKET FOR
SERVICES REGARDING THE FRIDAY NIGHT MARKET
This Agreement is made and entered into as of the of 2026 (the "Effective Date") by and between the CITY OF LINDSAY, a municipal corporation (the "City") and the VL FRIDAY NIGHT MARKET, a private company (the "Market Operator"), duly organized and existing under and by virtue of the laws of the State of California
This Agreement shall be effective as of the date set above and shall be for a period of one (1) year from the date of the first Market of the season. The City and Market Operator shall constitute the parties.
I. SCOPE OF SERVICES
Market Operator shall provide all staff, materials, equipment, and labor to coordinate a Friday Night Market, hereinafter called ("Market"), as described in the VL FRIDAY NIGHT MARKET proposal. Market Operator further agrees to comply with all applicable laws, ordinances, and rules imposed by the City of Lindsay, the state, and federal agencies. In the event of a conflict between this Agreement and the VL FRIDAY NIGHT MARKET proposal, this Agreement shall take precedence.
Services and maintenance provided by the Market Operator shall respectively include, but are not limited to, those described herein:
A. THE VL FRIDAY NIGHT MARKET shall be permitted to operate within the City of Lindsay in an area defined by the City and provided to the Market Operator prior to the first market of the season and shall be subject to amendment by the City with five (5) business days' notice.
B. The Market season shall be defined as commencing on the date set above and shall constitute every Friday within the respective one (1) year period, with the exception of the Friday nights in December when the annual City of Lindsay Christmas Parade, Tree Lighting, Taste of Downtown Lindsay, and Santa Night are held.
C. In the event of a credible hazard, dangerous condition, or public health emergency, the City reserves the right to cancel Market operations with due notice to Market Operator.
D. Market Operator shall be responsible and assume all liability for street closure(s).
E. Cleanup shall occur during and following every Market event. In no instance shall trash be allowed to accumulate. Cleanup shall include sweeping, operating leaf blowers, and picking up trash as needed. The operation of leaf blowers should take into account the impact of noise on nearby residents and businesses, especially during evening and early morning hours.
F. Market Operator will be granted access to public restrooms at Sweetbriar Plaza and will be responsible for fully stocking, cleaning, and managing the restrooms throughout the Market session.
G. The Market Operator shall coordinate with Mid Valley Disposal to provide appropriate and sufficient waste receptacles as needed. The Market Operator should monitor and ensure that neither Market vendors, attendees, nor the general public within Market areas deposit any items into or onto storm drain inlets, planters, gutters, or grass/shrub/dirt areas.
H. The City shall provide electricity to the Market Operator through streetscape outlets and outlets
in the "Mercado" area, for a pro-rated monthly fee of $275, payable to the City of Lindsay.
Additionally, the Market Operator shall provide the City with a security deposit in the amount of one thousand five hundred dollars ($1,500.00), payable to the City, prior to the first market of the season. Said deposit shall be applied to any costs incurred by the City for necessary repairs or replacements of the streetscape outlets and outlets in the "Mercado" area. Any necessary repairs will be performed by the City, and the cost of such repairs will be deducted from the deposit.
I. The Market Operator will ensure streetscape outlets are not utilized for high-voltage equipment exceeding 20 amps. Damages to streetscape outlets and outlets in the "Mercado" area due to actions and/or negligent supervision of the Market Operator and/or activities of Market vendors or Market attendees shall be the sole responsibility of the Market Operator to repair or replace or reimburse the City for costs associated with necessary repairs or replacements.
J. Market Operator shall be responsible for providing additional safety lighting.
K. Upon vendor set up and periodically during the Market event, all Market-affected areas shall be inspected by Market Operator staff for dangerous conditions and/or hazards, hidden or otherwise. Market Operator staff shall make reasonable efforts to repair and/or notify the City of any dangerous or hazardous conditions immediately upon their discovery. Under no circumstances shall the Market Operator permit the Market vendors, attendees, or the public more generally to be in proximity of a known hazard.
L. Sidewalks affected by Market activities and other affected areas as identified by the City shall be pressure-washed prior to the first Market of the season and monthly thereafter throughout the Market season. A final pressure-washing of sidewalks affected by Market activities and other affected areas, as identified by the City, shall occur following the last market of the season. This process shall be evaluated by the City, and the schedule confirmed or adjusted in frequency and scope as needed.
M. Market Operator shall ensure all public pathways, including sidewalks, are kept clear of obstructions such as electrical cords or debris.
N. Market Operator shall submit to the City for approval a Security Plan for Market vendors and attendees.
O. Market Operator shall comply with S.B. 1383 and the Lindsay Municipal Code 8.34.
P. Market Operator shall provide a Grease Tank in a designated area for vendors to properly dispose of cooking oils and monitor enforcement.
Q. The Market Operator will prepare a Final Report to be distributed to the City Manager and presented to City Council at the first regular meeting of City Council in December, or as soon thereafter.
R. Market Operator shall ensure that sufficient portable potties are available per Market capacity and building code regulations (California Plumbing Code section 422.0 & 2022 California Building Code Section 11B).
S. Market Operator shall grant brick-and-mortar restaurant businesses in the Downtown area a reduced participation fee of $100 (from $125) and a waived reservation fee (from $15).
T. Market Operator shall grant brick-and-mortar retailers in the Downtown area a reduced
participation fee of $15 (down from $25) and a waived reservation fee (down from $15).
U. Market Operator shall grant non-profit organizations that distribute informational resources, educational materials, etc., waived participation and reservation fees.
V. Market Operator shall grant non-profit organizations that intend to sell food and/or beverages for consumption a reduced participation fee of $100 (from $125) anda waived reservation fee (from $15).
W. Market Operator shall provide vendors with a Complaint Form in both English and Spanish.
Market Operator shall accept and review allComplaint Forms submitted and commit itself in good faith to resolve disputes. If the Market Operator is unable to reach a resolution with Complainant(s), the matter shall be escalated to the Friday Night Market Oversight Committee.
X. City shall establish an Oversight Committee consisting of two City Council members and the Market Operator. The Oversight Committee shall have final say inresolving disputes as submitted by vendors through a Complaint Form.
Y. Damages due to actions and/or negligent supervision of the Market Operator and/or activities of Market vendors or Market attendees shall be the sole responsibility of the Market Operator to repair or replace or reimburse for costs associated withnecessary repairs or replacements.
II. TERM OF AGREEMENT
The term of the Agreement shall commence on the effective date and continue for a period ofone (1) year from the date of the first Market, and subject to extension if circumstances necessitate it and Parties agree to it in writing.
III. GENERAL PROVISIONS
This Agreement may be terminated by either the City or Market Operator with or without any reason, upon giving thirty (30) days' written notice to the other Party.
IV. REVENUE SHARE
Market Operator shall pay the City a flat rate of three thousand dollars ($3,000.00) per Market session.
V. LICENSE, PERMITS. FEES AND ASSESSMENTS
The Market Operator shall obtain such licenses, permits, and approvals (collectively the "Permits") as may be required by law for the performance of the work and services relating to the Market, and ensure that all vendors possess a City of Lindsay – Farmers Market Business License.
VI. PERSONNEL
All personnel used by the Market Operator will be its employees. Market Operator shall pay all salaries, insurance, and expenses, as well as all federal and state taxes. The Market Operator must comply with legal requirements, including the Federal Fair Labor Standards Act, the Equal Opportunity Employment Act, and the Americans with Disabilities Act.
Under no circumstances or conditions shall any agent, servant, or employee of the Market Operator be
considered as an employee of the City of Lindsay.
VII. NON-ASSIGNMENT
This Agreement is not assignable either in whole or in part by Market Operator without the written consent of City.
VIII. INSURANCE
Prior to commencing work, Market Operator shall procure and maintain at Market Operator's own cost and expense for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work or services hereunder by the Market Operator, their agents, representatives, employees, or sub- contractors.
The City of Lindsay shall be named as additional insured under such insurance policies, and Market Operator shall provide the City with Certificates of Insurance evidencing such insurance and proof of payment of insurance premiums. Market Operator must notify the City within 24 hours of any cancellations or lapses in coverage of such insurance policies.
Without in any way affecting the indemnity provided, the Market Operator shall secure before commencement of the work and throughout the contract the following types and amounts of insurance:
A. Minimum Limits of Insurance
If Market Operator, for any reason, fails to maintain insurance coverage that is required pursuant to this Contract, the same shall be deemed a material breach of contract. CITY, at its sole option, may terminate this Contract and obtain damages from the Market Operator resulting from said breach.
1. Commercial General Liability Insurance. MARKET OPERATOR shall maintain commercial general liability (CGL) with a limit of not less than $1,000,000 each occurrence/$2,000,000 in the annual aggregate and be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that the City and its officers, officials, employees, and agents shall be additional insured under such policies. If alcohol is being served or sold at any permitted facility, it is mandatory that the General Liability Policy include Liquor Liability Coverage.
2. Business Auto Liability Insurance. MARKET OPERATOR shall maintain business auto liability with a limit of not less than $1,000,000 each accident.
3. Workers' Compensation and Employer's Liability Insurance. Market Operator shall maintain workers' compensation insurance as required by the State of California and Employer's Liability Insurance in the amount of $1,000,000 per accident for bodily injury or disease.
4. Property Damage. Market Operator shall maintain broad form property damage insurance, to include fire legal liability with a limit of not less than $1,000,000 per occurrence.
B. Workers' Compensation and Employer's Liability
The insurer shall agree to waive all rights of subrogation against the City of Lindsay, its officers,
officials, employees, and volunteers for losses arising from activities and operations of Market Operator in the performance of services under the contract.
1. If Market Operator, for any reason, fails to maintain insurance coverage that is required pursuant to this Contract, the same shall be deemed a material breach of contract. The City, at its sole option, may terminate this Contract and obtain damages from the Market Operator resulting from said breach.
C. Acceptability of Insurers
Insurance is to be placed with an insurer holding a current A rating. M. Best's rating of no less than A:6 unless otherwise approved by the City.
D. Verification of Coverage
Market Operator shall furnish the City of Lindsay with original certificates and amendatory endorsements affecting coverage required by this section. The certificates and endorsements for each policy are to be signed by a person authorized by the insurer to bind coverage on its behalf. The certificates and endorsements should be on forms provided by the City or on forms other than the City's, provided those forms and endorsements conform to the requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.
E. Sub-Contractors
Market Operator shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all requirements stated herein.
IX. INDEMNIFICATION
The City of Lindsay shall not be liable for any damage, loss, or injury to the person, property or effects of the Market Operator or of any agent, servant, employee, contracted staff, volunteer or patron of the Market Operator on, in, or about the Market activities other than through the negligence attributable to the City. The Market Operator agrees to indemnify, protect, and hold harmless the City of Lindsay against any and all such damages, costs, attorney's fees, or employees.
The Market Operator shall carry workers' compensation insurance for all its employees in accordance with the workers' compensation laws of the State of California. The Market Operator will indemnify the City, its officials, and employees against, and hold them harmless from, any and all liability for damages on account of injury to persons or damage to property resulting from or arising out of in any way connected with the performance by the Market Operator of this Agreement, and reimburse the City, its officials and employees for all costs, expenses, and losses incurred in consequence of any claims, demands, and/or causes of action which may be brought against the City arising out of the performance by the Market Operator of this Agreement.
The Market Operator agrees to indemnify and hold the City of Lindsay harmless from any liability, claims, or damages arising out of or in any way connected with the Market Operator's performance.
The Market Operator shall furnish the City with a Certificate of Insurance with limits of at least
$1,000,000.00 for bodily injuries on each occurrence and $1,000,000.00 for property damage on each occurrence. The Certificate of Insurance shall state that the contractual liability assumed under this Agreement is covered and shall provide that ten (10) days' notice of cancellation or reduction in coverage shall be provided to the City. Certificates of said coverages shall be filed with the City Clerk before any work or services related to the Market commence.
X. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of California (without regard to its choice of law provisions). If any legal action is necessary to enforce or interpret this Agreement, the Parties agree that such action shall be brought in the Superior Court for the State of California, County of Tulare, or the U.S. District Court for the Central District of California, Western Division. The Parties hereby submit to the exclusive jurisdiction of such courts and waive any other venue to which either Party might be entitled by domicile or otherwise.
XI. ATTORNEYS' FEES
If any Party hereto brings an action or proceeding under this Agreement or to declare rights hereunder, the Prevailing Party in any such proceeding, action, or appeal thereon shall be entitled to recover all reasonable fees, costs, and expenses, including reasonable attorneys' fees. Such fees, costs, and expenses may be awarded in the same suit or recovered in a separate suit, whether or not such action or proceeding is pursued to decision or judgment. The attorneys' fees award shall not be computed in accordance with any court fee schedule, but shall be such as to fully reimburse all attorneys' fees reasonably incurred. "Prevailing Party" shall mean and include, without limitation, a Party who substantially obtains or defeats the relief sought, as the case may be, whether by compromise, settlement, judgment, or the abandonment by the other Party of its claim or defense.
XII.SEVERABILITY: NO WAIVER
The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of the other provisions of this Agreement, which shall remain in full force and effect. If any of the provisions of this Agreement shall be deemed to be unenforceable by reason of its extent, duration, scope or otherwise, then the Parties contemplate that the court making such determination shall enforce the remaining provisions of this Agreement, and shall reduce such extent, duration, scope, or other provision and shall enforce them in their reduced form for all purposes contemplated by this Agreement. No failure or delay by either Party in exercising any right, power, or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power, or privilege hereunder.
XIII.ENTIRE AGREEMENT: ETC.
This Agreement expresses the full and complete understanding of the Parties with respect to the subject matter hereof and supersedes all prior or contemporaneous proposals, agreements, representations and understandings, whether written or oral, with respect to the subject matter. This Agreement may not be amended or modified except in writing signed by each of the Parties hereto.
This Agreement shall be construed according to its fair meaning and not strictly for or against either Party. The headings hereof are descriptive only and not to be construed in interpreting the provisions hereof.
XIV. COUNTERPARTS; AUTHORITY TO SIGN
This Agreement may be executed in any number of counterparts, each of which will constitute an original and all of which, when taken together, will constitute one agreement. Any signature pages of this Agreement transmitted by facsimile or sent by email in portable document format (PDF) will have the same legal effect as an original executed signature page. Each of the persons signing on behalf of a Party hereto represents that they have the right and power to execute this Agreement on such Party's behalf.
**SEE FOLLOWING PAGE FOR SIGNATURES**
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed on the date first above written by their respective officers duly authorized on their behalf.
CITY OF LINDSAY:
City of Lindsay
251 E. Honolulu St.
Lindsay, CA 93247
By:
Kuyler Crocker, City Manager
City Clerk
VL FRIDAY NIGHT MARKET:
VL Friday Night Market
1121 Maple Ave.
Lindsay, CA 932147
Virginia Loya, Lead Entity of VL Friday Night Market
APPROVED AS TO FORM:
City Attorney
"Friday Night Market Boundaries" exhibit map signed and accepted, respectively. Scope of Services Section A of the Agreement Between the City of Lindsay and VL Friday Night Market for Services Regarding the Friday Night Market
CITY OF LINDSAY:
City of Lindsay
251 E. Honolulu St.
Lindsay, CA 93247
By:
Kuyler Crocker, City Manager
VL FRIDAY NIGHT MARKET:
VL Friday Night Market
1121 Maple Ave.
Lindsay, CA 932147
Virginia Loya, Lead Entity of VL Friday Night Market
Friday Night Market Boundaries
Legend Market Boundaries Public Parking
Financial Report from 2022 to 2025 VL Friday Night Market 2022
DATE AMOUNT PAYMENT AMOUNT PAYMENT DATE REMAINING AMOUNT TYPE DATE AMOUNT PAYMENT AMOUNT PAYMENT DATE REMAINING AMOUNT 4/29/2022 2,500.00 2,500.00 5/3/2022 - UTILITIES 4/29/2022 5/6/2022 2,500.00 2,500.00 5/10/2022 - 5/29/2022 250.00 250.00 6/1/2022 - 5/13/2022 2,500.00 2,500.00 5/18/2022 - 6/29/2022 250.00 250.00 6/30/2022 - 5/20/2022 2,500.00 2,500.00 5/25/2022 - 7/29/2022 250.00 250.00 8/3/2022 - 5/27/2022 2,500.00 2,500.00 6/1/2022 - 8/29/2022 250.00 250.00 9/1/2022 - 6/3/2022 2,500.00 2,500.00 6/8/2022 - 9/29/2022 250.00 250.00 10/7/2022 - 6/10/2022 2,500.00 2,500.00 6/14/2022 - 10/29/2022 250.00 250.00 11/9/2022 - 6/17/2022 2,500.00 2,500.00 6/21/2022 - 11/29/2022 250.00 62.50 11/15/2022 187.50 Prorated, approved by contract 6/24/2022 2,500.00 2,500.00 6/30/2022 - 12/29/2022
7/1/2022 2,500.00 2,500.00 7/7/2022 TRUE 1/29/2023
7/8/2022 2,500.00 2,500.00 7/13/2022 - 2/28/2023
7/15/2022 2,500.00 2,500.00 7/21/2022 - 3/29/2023 250.00 250.00 4/10/2023 7/22/2022 2,500.00 2,500.00 7/27/2022 - 4/29/2023 250.00 250.00 5/4/2023 7/29/2022 2,500.00 2,500.00 8/3/2022 - 5/29/2023 250.00 250.00 5/31/2023 8/5/2022 2,500.00 2,500.00 8/9/2022 - 6/29/2023 250.00 250.00 7/5/2023 8/12/2022 2,500.00 2,500.00 8/17/2022 - 7/29/2023 250.00 250.00 8/2/2023 8/19/2022 2,500.00 2,500.00 8/23/2022 - 8/29/2023 250.00 250.00 9/1/2023 8/26/2022 2,500.00 2,500.00 9/1/2022 - 9/29/2023 250.00 250.00 11/8/2023 9/2/2022 2,500.00 10/29/2023 250.00 250.00 11/3/2023
9/9/2022 2,500.00 2,500.00 9/13/2022 - 11/29/2023
9/16/2022 2,500.00 2,500.00 9/21/2022 -
9/23/2022 2,500.00 2,500.00 9/27/2022 TRUE
9/30/2022 2,500.00 2,500.00 10/7/2022 -
10/7/2022 2,500.00 2,500.00 10/7/2022 -
10/14/2022 2,500.00 2,500.00 10/27/2022 -
10/21/2022 2,500.00 2,500.00 10/27/2022 -
10/28/2022 2,500.00 2,500.00 10/27/2022 -
11/4/2022 2,500.00 2,500.00 11/9/2022 -
11/11/2022 2,500.00 2,500.00 11/15/2022 -
11/18/2022 2,500.00
11/25/2022 2,500.00
12/2/2022 2,500.00
12/9/2022 2,500.00
12/16/2022 2,500.00
12/23/2022 2,500.00
12/30/2022 2,500.00
TOTAL LEASE 2022 70,000.00 TOTAL UTILITUES 2022 $1,562.50 2023
1/6/2023 2,500.00
1/13/2023 2,500.00
1/20/2023 2,500.00
1/27/2023 2,500.00
2/3/2023 2,500.00
2/10/2023 2,500.00
2/17/2023 2,500.00
2/24/2023 2,500.00
3/3/2023 2,500.00 2,500.00 3/7/2023
3/10/2023 2,500.00
3/17/2023 2,500.00 2,500.00 3/23/2023
3/24/2023 2,500.00 2,500.00 3/29/2023
3/31/2023 2,500.00 2,500.00 4/10/2023
4/7/2023 2,500.00 2,500.00 4/10/2023
4/14/2023 2,500.00 2,500.00 4/20/2023
4/21/2023 2,500.00 2,500.00 4/26/2023
4/28/2023 2,500.00 2,500.00 5/4/2023 -
5/5/2023 2,500.00 2,500.00 5/10/2023 -
5/12/2023 2,500.00 2,500.00 5/18/2023 -
5/19/2023 2,500.00 2,500.00 5/24/2023 -
5/26/2023 2,500.00 2,500.00 5/26/2023 -
6/2/2023 2,500.00 2,500.00 6/6/2023 -
Off Season
CANCELED DUE TO FLOOD
Off Season
Off Season
Off Season
Off Season
Off Season
Off Season
Off Season
Off Season
Off Season
Off Season
Off Season
Off Season
Off season
Off season
Skipped due to high temperatures
OFF SEASON
Off Season
Off Season
Off season
6/9/2023 2,500.00 2,500.00 6/14/2023 -
6/16/2023 2,500.00 2,500.00 6/23/2023 -
6/23/2023 2,500.00 2,500.00 6/23/2023 -
6/30/2023 2,500.00 2,500.00 7/5/2023 -
7/7/2023 2,500.00 2,500.00 7/13/2023 -
7/14/2023 2,500.00 2,500.00 7/19/2023 -
7/21/2023 2,500.00 2,500.00 7/26/2023 -
7/28/2023 2,500.00 $ 2,500.00 8/2/2023 -
8/4/2023 2,500.00 $ 2,500.00 8/8/2023 -
8/11/2023 2,500.00 $ 2,500.00 8/22/2023 -
8/18/2023 2,500.00 $ 2,500.00 8/22/2023 -
8/25/2023 2,500.00 $ 2,500.00 9/1/2023 -
9/1/2023 2,500.00 $ 2,500.00 9/1/2023 -
9/8/2023 2,500.00 $ 2,500.00 9/12/2023 -
9/15/2023 2,500.00 $ 2,500.00 9/21/2023 -
9/22/2023 2,500.00 $ 2,500.00 9/26/2023 -
9/29/2023 2,500.00 $ 2,500.00 10/4/2023 -
10/6/2023 2,500.00 $ 2,500.00 10/10/2023 -
10/13/2023 2,500.00 $ 2,500.00 10/18/2023 -
10/20/2023 2,500.00 $ 2,500.00 10/24/2023 -
10/27/2023 2,500.00 $ 2,500.00 11/3/2023 -
11/3/2023
11/10/2023
11/17/2023
11/24/2023
12/1/2023
12/8/2023
12/15/2023
12/22/2023
12/29/2023
$85,000.00 TOTAL UTILITIES 2023 $2,000.00
2024
1/1/2024
2/1/2024
3/8/2024 $ 3,000.00 $ 3,000.00 3/14/2024 $ - 3/1/2024 $ 250.00 $ 250.00 4/10/2024 $ - 3/15/2024 $ 3,000.00 $ 3,000.00 3/21/2024 $ -
3/22/2024 $ 3,000.00 $ 3,000.00 3/26/2024 $ -
3/29/2024
4/5/2024 4/1/2024 $ 250.00 $ 250.00 5/1/2024 $ -
4/12/2024 $ 3,000.00 $ 3,000.00 4/16/2024 $ -
4/19/2024 $ 3,000.00 $ 3,000.00 4/24/2024 $ -
4/26/2024 $ 3,000.00 $ 3,000.00 5/1/2024 $ -
5/3/2024 $ 3,000.00 $ 3,000.00 5/8/2024 $ - 5/1/2024 $ 250.00 $ 250.00 6/4/2024 $ - 5/10/2024 $ 3,000.00 $ 3,000.00 5/16/2024 $ -
5/17/2024 $ 3,000.00 $ 3,000.00 5/22/2024 $ -
5/24/2024 $ 3,000.00 $ 3,000.00 5/31/2024 $ -
5/31/2024 $ 3,000.00 $ 3,000.00 6/4/2024 $ -
6/7/2024 $ 3,000.00 $ 3,000.00 6/12/2024 $ - 6/1/2024 $ 250.00 $ 250.00 7/2/2024 $ - 6/14/2024 $ 3,000.00 $ 3,000.00 6/20/2024 $ -
6/21/2024 $ 3,000.00 $ 3,000.00 6/26/2024 $ -
6/28/2024 $ 3,000.00 $ 3,000.00 7/2/2024 $ -
7/5/2024 7/1/2024 $ 125.00 $ 125.00 8/2/2024 $ -
7/12/2024
7/19/2024 $ 3,000.00 $ 3,000.00 7/24/2024 $ -
7/26/2024 $ 3,000.00 $ 3,000.00 8/2/2024 $ -
8/2/2024 $ 3,000.00 $ 3,000.00 8/6/2024 $ - 8/1/2024 $ 250.00 $ 250.00 9/5/2024 $ - 8/9/2024 $ 3,000.00 $ 3,000.00 8/15/2024 $ -
8/16/2024 $ 3,000.00 $ 3,000.00 8/21/2024 $ -
8/23/2024 $ 3,000.00 $ 3,000.00 8/30/2024 $ -
8/30/2024 $ 3,000.00 $ 3,000.00 9/5/2024 $ -
9/6/2024 $ 3,000.00 $ 3,000.00 9/13/2024 $ - 9/1/2024 $ 250.00 $ 250.00 10/3/2024 $ - 9/13/2024 $ 3,000.00 $ 3,000.00 9/18/2024 $ -
9/20/2024 $ 3,000.00 $ 3,000.00 9/27/2024 $ -
9/27/2024 $ 3,000.00 $ 3,000.00 10/3/2024 $ -
OFF SEASON
OFF SEASON
CANCELLED DUE TO THE RAIN
CANCELLED DUE TO THE RAIN
CANCELLED DUE TO THE HEAT
CANCELLED DUE TO THE HEAT
OFF SEASON
OFF SEASON
OFF SEASON
OFF SEASON
OFF SEASON
TOTAL LEASE 2023
OFF SEASON
OFF SEASON
OFF SEASON
OFF SEASON
10/4/2024 $ 3,000.00 $ 3,000.00 10/10/2024 $ -
10/25/2024 $ 3,000.00 $ 3,000.00 11/1/2024 $ -
11/1/2024 $ 3,000.00 $ 3,000.00 11/8/2025 $ -
11/8/2024 $3,000.00 $3,000.00 11/14/2024
TOTAL LEASE 2024 $90,000.00 TOTAL UTILITIES 2024 $2,000.00 2025 OFF SEASON 11/1/2024 $250.00 $250.00 11/1/2024
3/3/2025 $1,500.00 $1,500.00 3/3/25-DEPOSIT
3/21/2025 $3,000.00 $3,000.00 3/26/2025 11/8/2024 $125.00 125.00 11/14/2024 3/28/2025 $3,000.00 $3,000.00 4/2/2025 3/1/2025 $250.00 250.00 4/2/2025 4/4/2025 $3,000.00 $3,000.00 4/9/2025
4/11/2025 $3,000.00 $3,000.00 4/17/2025
4/18/2025 $3,000.00 $3,000.00 4/23/2025 4/1/2025 $250.00 $250.00 5/7/2025 4/25/2025 $3,000.00 $3,000.00 5/1/2025
5/2/2025 $3,000.00 $3,000.00 5/7/2025
5/9/2025 $3,000.00 $3,000.00 5/14/2025
5/16/2025 $3,000.00 $3,000.00 5/21/2025 5/1/2025 $250.00 $250.00 6/12/2025 5/23/2025 $3,000.00 $3,000.00 5/29/2025
5/30/2025 $3,000.00 $3,000.00 6/5/2025
6/6/2025 $3,000.00 $3,000.00 6/12/2025
6/13/2025 $3,000.00 $3,000.00 6/25/2025
6/20/2025 $3,000.00 $3,000.00 7/3/2025
6/27/2025 $3,000.00 $3,000.00 7/3/2025
7/4/2025 $3,000.00 $3,000.00 7/11/2025
7/11/2025 $3,000.00 $3,000.00 7/17/2025
7/18/2025 $3,000.00 $3,000.00 7/23/2025
7/25/2025 $3,000.00 $3,000.00 8/1/2025
8/1/2025 $3,000.00 $3,000.00 8/6/2025
8/8/2025 $3,000.00 $3,000.00 8/20/2025
8/15/2025 $3,000.00 $3,000.00 8/20/2025
8/22/2025 $3,000.00 $3,000.00 9/5/2025 8/1/2025 $250.00 $250.00 9/5/2025 8/29/2025 $3,000.00 $3,000.00 9/5/2025
9/5/2025 $3,000.00 $3,000.00 9/22/2025
9/12/2025 $3,000.00 $3,000.00 9/22/2025
9/19/2025 $3,000.00 $3,000.00 9/26/2025
9/26/2025 $3,000.00 $3,000.00 1-Oct 1-Sep $250.00 $250.00 10/1/2025 10/3/2025 $3,000.00 $3,000.00 15-Oct
10/10/2025 $3,000.00 $3,000.00 15-Oct
10/17/2025 $3,000.00 $3,000.00 24-Oct
10/24/2025 $3,000.00 $3,000.00 10/31/2025
10/31/2025 $3,000.00 $3,000.00 11/7/2025 10/1/2025 $250.00 $250.00 11/7/2025 11/7/2025 $3,000.00 $3,000.00 11/18/2025
TOTAL LEASE 2025 $103,500.00 TOTAL UTILITIES 2025 $1,500.00
YEAR LEASE UTILITIES
2022 $70,000.00 $1,562.50
2023 $85,000.00 $2,000.00
2024 $90,000.00 $2,000.00
2025 $103,500.00 $1,500.00
Total $348,500.00 $7,062.50