K. Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112) as amended and implementing regulations when published for effect as they relate to non-discrimination against the handicapped.
L. The Age Discrimination Act of 1975, (Pub. L. 94-135) as amended, and implementing regulations contained in 10 CFR Part 1040 and 45 CFR Part 90.
M. The lead based paint requirements of24 CFR Part 35 Subpart B issued pursuant to the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et.seq.).
N. Section 109 of the Housing and Community Development Act of 1974, as amended, and the regulations issued pursuant thereto (24 CFR Section 570.601) as it relates to prohibiting discriminatory actions and activities funded by Community Development Funds.
0. Section 3 of the Housing and Urban Development Act of 1968, as amended and implementing regulations at 24 CFR Part 135.
P. Executive Order 11988 relating to the evaluation of flood hazards and Executive Order 11288 relating to the prevention, control, and abatement of water pollution.
Q. The flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (Pub. L. 93-234).
R. No member, officer or employee of the Grantee, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, and that it shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this certification.
S. Additionally, all conflict requirements noted in 24 CFR 570.611 shall be complied with by all parties.
T. Title I of Section 104(b)(5) of the Housing and Community Development Act as amended and implementing regulations at 24 CFR 570.200 relating to Special Assessments.
U. Section l 06 of the National Historic Preservation Act and implementing regulations at 36 CFR Part 800.
V. The Endangered Species Act of 1973, as amended, and implementing regulations at SO CFR Part 402.
W. Title I of the Housing and Community Development Act of 1974, as amended, and implementing regulations contained in 24 CFR Part 570 and in 24 CFR Part 85.
X The use of CDBG funds by a religious organization shall be subject to those conditions as prescribed by HUD for the use ofCDBG funds by religions organizations in accordance with Section 570.200G) of the Federal CDBG regulations.
Y. All contracts shall include a "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions" as required by 29 CFRPart98.
Exhibit E
U.S. Department of Hou1ing and Urban Development
COMMUNITY PLANNING AND DEVELOPMENT
Special Attention of:
All Secretary's Representatives
All State/Area Coordinators
All CPD Office Directors
All FHEO Field Offices
All CDBG Grantees
Notice CPD- 00-lO
Issued: December 26, 2000
Expires: December 26, 200 I
Subject: Accessibility for Persons with Disabilities to Non-Housing Programs funded by Community Development Block Grant Funds - Section 504 of the Rehabilitation Act of 1973, the Americans With Disabilities Act, and the Architectural Barriers Act I. Purpo1e
The purpose of this Notice is to remind recipients of Federal funds under the Community Development Block Grant (CDBG) Program of their obligation to comply with Section 504 of the Rehabilitation Act of 1973, HUD's implementing regulations (24 CFR Part 8), the Americans with Disabilities Act, (ADA) and its implementing regulations, (28 CFR Parts 35, 36), and the Architectural Barriers Act (ABA) and its implementing regulations (24 CFR Parts 40, 41) in connection with recipients' non-housing programs.
This Notice describes key compliance elements for non-housing programs and facilities assisted under the CDBG programs. However, recipients should review the specific provisions of the ADA, Section 504, the ABA, and their implementing regulations in order to assure that their programs are administered in full compliance.
Applicability
This Notice applies to all non-housing programs and facilities assisted with Community Development Block Grant Funds (e.g. public facilities and public improvements, commercial buildings, office buildings, and other non-residential buildings) and facilities in which CDBG activities are undertaken (e.g., public services). A separate Notice is being issued concerning Federal accessibility requirements for housing programs assisted by recipients ofCDBG and HOME program funds.
II. Section 504 of the Rehabilitation Act of 1973
Section 504 of the Rehabilitation Act of 1973, as amended, provides "No otherwise qualified individual with a disability in the United States ... shall, solely by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance ... ". HlJD's regulations implementing the Section 504 requirements can be found at 24 CFR Part 8.
Part 8 requires that recipients ensure that their programs are accessible to and usable by persons with disabilities. Part 8 also prohibits recipients from employment discrimination based upon disability.
The Section 504 regulations define "recipient" as any State or its political subdivision, any instrumentality of a State or its political subdivision, any public or private agency, institution organization, or other entity or any person to which Federal financial assistance is extended for any program or activity directly or through anotherrecipient, including any successor, assignee, or transferee of a recipient, but excluding .tru; .ul1i.maJ.I:: beneficiary of the assistance (24 Cf R pB,3) For the purposes of Part 8, redpicols iocJude States and localities that are grantees and subgrantees under the CDBG program, their subrecipients, community-based development organizations, businesses, and any other entity that receives CDBG assistance, but not low and moderate income beneficiaries of the program. CDBG grantees are responsible for establishing policies and practices that they will use to monitor compliance of all covered programs, activities, or work performed by their subrecipients, contractors, subcontractors, management agents, etc.
Non-housing Programs
New Construction -- Part 8 requires that new non-housing facilities constructed by recipients of Federal financial assistance shall be designed and constructed to be readily accessible to and usable by persons with disabilities. (24 CFR §8.21 (a))
Alterations to facilities -- Part 8 requires to the maximum extent feasible, that recipients make alterations to existing non-housing facilities to ensure that such facilities are readily accessible to and usable by individuals with disabilities. An element of an existing non-housing facility need not be made accessible, if doing so, would impose undue financial and administrative burdens on the operation of the recipients program or activity. (24 CFR §8.21 (b))
Existing non-housing facilities• A recipient is obligated to operate each non-housing program or activity so that, when viewed in its entirety, the program or activity is readily accessible to and usable by persons with disabilities. (24 CFR §821 (c))
Recipients are not necessarily required to make each of their existing non-housing facilities accessible to and usable by persons with disabilities if when viewed in its entirety, the program or activity is readily accessible to and usable by persons with disabilities. 24 CFR §8.21 (c)( I) Recipients are also not required to take any action that they can demonstrate would result in a fundamental alteration in the nature of its program or activity or cause an undue administrative and financial burden. However, recipients are still required to take other actions that would not result in such alterations, but would nevertheless ensure that persons with disabilities receive the benefits and services of the program. (24 CFR §8.2 l(c)(iii)) Historic Preservation - Recipients are not required to take any actions that would result in a substantial impairment of significant historic features of an historic property, However, in such cases where a physical alteration is not required, the recipient is still obligated to use alternative means to achieve program accessibility, including using audio-visual materials and devices to depict those portions of
an historic property that cannot be made accessible, assigning persons to guide persons with disabilities into or through portions of historic properties that cannot be made accessible, or otherwise adopting other innovative methods so that individuals with disabilities can still benefit from the program. (24CFR §8.2 l(c)(2)(ii))
Accessibility Standards
Design, construction, or alteration offacilities in conformance with the Uniform Federal Accessibility Standards (UFAS) is deemed to comply with the acccssibili~ n,suirements for nonhousing facilities.
Recipients may depart from particular technical and scoping requirements ofUFAS where substantially equivalent or greater accessibility and usability is provided. (24 CFR §8.32) For copies of UFAS, contact the HUD Distribution Center at J-800-767-7468; deaf, hard of hearing, or speech-impaired persons may access this number via TIY by calling the Federal Information Relay Service at 1-800-877-8339.
Where a property is subject to more than one law or accessibility standard, it is necessary to comply with all applicable requirements. In some cases, it may be possible to do this by complying with the stricter requirement, however, it is also important to ensure that meeting the stricter requirement also meets both the scoping and technical requirements of overlapping laws or standards.
Employment
Section 504 also prohibits discrimination based upon disability in employment. See 24 CFR Part 8, SubpartB.
Section 504 Self Evaluations
The Section 504 regulations required recipients of Federal financial assistance to conduct a self.. evaluation of their policies and practices to determine if they were consistent with the law's requirements.
This self evaluation was to have been completed no later than July 11, 1989. Title II of the ADA imposed this requirement on all covered public entities. The ADA regulations required that ADA self evaluations be completed by January 26, 1993, although those public entities that had already performed a Section 504 self evaluation were only required to perform a self-evaluation on those policies and practices that had not been included in the Section 504 review.
The regulatory deadlines are long past. However, self-evaluation continues to be an excellent management tool for ensuring that a recipient's current policies and procedures comply with the requirements of Section 504 and the ADA.
Involving persons with disabilities in the self-evaluation process is very beneficial. This will assure the most meaningful result for both the recipient and for persons with disabilities who participate in the recipient's programs and activities. It is important to involve persons and/or organizations representing persons with disabilities, and agencies or other experts who work regularly with accessibility standards.
Page J of 7
Important steps in conducting a self-evaluation and implementing its results include the following:
• Evaluate current policies and practices and analyze them to determine if they adversely affect the full participation of individuals with disabilities in its programs, activities and services. Be mindful of the fact that a policy or practice may appear neutral on its face, but may have a discriminatory effect on individuals with disabilities. • Modify any policies and practices that are not or may not be in compliance with Section 504 or Title 11 and Title m nfthe ADA regulations (See24 CEB Part 8 :md.2!LCER 2atts35 ___ _ ___ _
36.)
• Take appropriate corrective steps to remedy those policies and practices which either are discriminatory or have a discriminatory effect. Develop policies and procedures by which persons with disabilities may request a modification of a physical barrier or a rule or practice that has the effect oflimiting or excluding a person with a disability from the benefits of the program.
• Document the self-evaluation process and activities. The Department recommends that all recipients keep the self-evaluation on file for at least three years, including records of the individuals and organizations consulted, areas examined and problems identified, and document modifications and remedial steps, as an aid to meeting the requirement at 24 CFR Part 8.55.
The Department also recommends that recipients periodically update the self-evaluation, particularly, for example, if there have been changes in the programs and services of the agency. In addition, public entities covered by Title II of the ADA should review any policies and practices that were not included in their Section 504 self-evaluation and should modify discriminatory policies and practices accordingly.
III. The Americans With Disabilities Act of 1990
The Americans With Disabilities Act of 1990 (ADA) guarantees equal opportunities for persons with disabilities in employment, public accommodations, transportation, State and local government services, and telecommunications. Unlike Section 504 which applies only to programs and activities receiving Federal financial assistance, the ADA applies even ifno Federal financial assistance is given.
The U.S. Department of Justice enforces Titles I, II, and Ill of the ADA, although the Equal Employment Opportunity Commission investigates administrative complaints involving Title I.
Title I prohibits discrimination in employment based upon disability. The regulations implementing Title I are found at 29 CFR Part 1630. The Equal Employment Opportunity Commission (EEOC) offers technical assistance on the ADA provisions applying to employment.
These can be obtained at the EEOC web site www.eeoc.gov, or by calling 800-669-3362 (voice) and 800- 800-3302 (TTY).
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Title II prohibits discrimination based on disability by State and local governments. Title II essentially extended the Section 504 requirements to services, programs, and activities provided by States, local governments and other entities that do not receive Federal financial assistance from HUD or another Federal agency. CDBG grantees are covered by both Title II and Section 504. The Department of Justice Title II regulations are found at 28 CFR Part 35.
Title II also requires that facilities that are newly constructed or altered, by, on behalf of, or for use of a _ ublic enti~, be desi ned and constructed in a manner that makes the facili readil accessible to and usabl.e by persons with disabilities. (28 CFR §35.151 (a) & (b)) Facilities constructed or altered in conformance with either UF AS or the ADA Accessibility Guidelines for Buildings and Facilities (ADAAG) (Appendix A to 28 CFR Part 36) shall be deemed to comply with the Title II Accessibility requirements, except that the elevator exemption contained at section 4.1.3(5) and section 4.1.6(1 )G) of ADAAG shall not apply. (28CFR §35.151 (c))
Title II specifically requires that all newly constructed or altered streets, roads, and highways and pedestrian walkways must contain curb ramps or other sloped areas at any intersection having curbs or other barriers to entry from a street level or pedestrian walkway and that all newly constructed or altered street level pedestrian walkways must have curb ramps at intersections . Newly constructed or altered street level pedestrian walkways must contain curb ramps or other sloped areas at intersections to streets, roads, or highways. (28CFR §35.151 (e))
The Title II regulations required that by January 26, 1993, public entities (State or local governments) conduct a self-evaluation to review their current policies and practices to identify and correct any requirements that were not consistent with the regulation. Public entities that employed more than 50 persons were required to maintain their self-evaluations on file and make it available for three years. lfa public entity had already completed a self-evaluation under Section 504 of the Rehabilitation Act, then the ADA only required it to do a self-evaluation of those policies and practices that were not included in the previous self-evaluation. (28 CFR §35. !05)
The Department of Justice offers technical assistance on Title II through its web page at www.usdoj.gov/crt/ada/taprog.htm, and through its ADA Information Line, at 202 514-0301 (voice and 202-514-0383 (TTY). The Department of Justice's technical assistance materials include among others, the Title II Technical Assistance Manual with Yearly Supplements, the ADA guide for Small .Towns, and an ADA Guide entitled The ADA and City Governments: Common Problems, Title III prohibits discrimination based upon disability in places of public accommodation (businesses and non-profit agencies that serve the public) and "commercial" facilities (other businesses). It applies regardless of whether the public accommodation or commercial facility is operated by a private or public entity, or by a for profit or not for profit business. The Department of Justice Title III regulations are found at 28 CFR Part 36. The Department of Justice also offers technical assistance concerning Title Ill through the web page cited above and the ADA Hotline cited above.
Page S of 7
Justice also offers technical assistance concerning Title Ill through the web page cited above and the ADA Hotline cited above.
IV. The Architectural Barriers Act of1968
The Architectural Barriers Act of I 968 (ABA) (42 U.S.C. 4 I 51-4157) requires that certain buildings financed with Federal funds must be designed, constructed, or altered in accordance with standards that ensure accessibility for persons with physical disabilities. The ABA covers any building or facility financed in whole or in part with Federal funds, exce t rivatel -owned residential structures. Covered huildin sand facilities desi ned constructed, or altered with CDBG funds are subJect to th·e ABA and must comply with the Uniform Federal Accessibility Standards (UFAS). (24 CFR 570.614) In practice, buildings built to meet the requirements of Section 504 and the ADA, will conform to the requirements of the ABA.
V. HUD Resources Available Concerning Section 504
Further information concerning compliance with Section 504 may be obtained through the HUD web page (http://www.hud.gov/fhe/504/sect504.btmO. Additional assistance and information may be obtained by contacting the local Department of Housing and Urban Development Office of Fair Housing and Equal Opportunity field office. Below is a list of the phone numbers for these offices.
CPD FHEO
Boston,MA 617 565-5345 617 565-5310
Hartfonl, CT 806 240-4800 x3059 860 240-4800
New\'ork, NY 212 264-0771 x3422 212 264-1290
Buffalo,NY 716 551-5755 x5800 716 551-575S
Newark,NJ 973 622-7900 x3300 973 622-7900
Philadelphia, PA 215 6S6-0624 x3201 215 656-0661
Pittsburgh, PA 412 644-2999 412 355-3167
Baltimore, MD 410 962-2520 x307l 410 962-2520
Richmond, VA 804 278-4503 x3229 804 278-4504
Washington, DC 202 275-0994 x3 163 202 275-0848
Atlanta, GA 404 331-5001 x2449 404 331-1798
Birmingham, AL 205 290-7630 x I 027 205 290-7630
South Florida 305 S36-4431 x2223 305 536-4479
Jacksonville, FL 904 232-1777 x2 I 36 904 23 2-1 777
San Juan, PR 787 766-5400 x2005 787 766-5400
Loui!lville, K\I 502 582-6163 x214 502 582-6163 x230
Jackson, MS 60 I 965-4 700 x3 140 601 965-4700 x2435
Knoxville, TN 865545-4391 xl21 865 545-4379
Greensboro, NC 336 547-4005 336 547-4050
Columbia, SC 803 765-S564 803 765-5936
Chicago, IL 312 353-1696 x2702 312 353-7776
Minneapolis, MN 612 370-3019 x2107 612370-318S
Page6 of 7
Detroit, Ml
Milwaukee, WI
Columbu11, OH
[ndlanapolis, IN
Little Rock, AK
Oklahoma City, OK
Kan1a11 City, KS
Omaha,NE
St, Louis, MO
New Orlean!1, LA
Fort Worth, TX
San Antonio, TX
Albuquerque, NM
Denver,CO
San Frandsco, CA
Los Angeles, CA
Honolulu, HI
Phoenix,AZ
Seattle, WA
Portland, OR
Manchester, NH
Anchorage, AK
Houston, TX
313 226-7908 x80SS
414 297-3214 x8100
614 469-5737 x8240
317 226-6303 x6790
501 324-6375
405 553-7569
913 551-5485
402 492-3181
JJ 4 539-6524
504 589-7212 x3047
817 978-5934 x595 l
210 4 75-6820 x2293
505 346-727] x7361
303 672-5414 xl326
415 436-6597
213 894-8000 x3300
808 522-8180 x264
602 379-4754
206 220-5150 x3606
503 326-7018
603 666-7640 x7633
907 271-3669
313 226-6280
414 297-3214
614 469-5737 x8170
317 226-7654
501 324-6296
405 553-7426
913 551-5834
402 492-3109
3 I 4 539-632'.Z
504 589-7219
817 978-5870
210 475-6885
sos 346-7327
303 672-5437
415 436-6569
213 894-8000 x3400
808 522-8180
602 379-6699 5261
206 220-5170
503 326-3349
713 313-2274
Page7 of7
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF MADERA, CALIFORNIA, APPROVING A 2022/23 COMMUNITY DEVELOPMENT BLOCK GRANT SUBRECIPIENT AGREEMENT FOR SERVICES ($32,500) WITH
MADERA RESCUE MISSION
WHEREAS, the City Council has considered approval of the 2022/23 Community Development Block Grant Subrecipient Agreement with Madera Rescue Mission in the amount of $32,5000 (“Agreement”); and
WHEREAS, a copy of the Agreement is attached hereto as Exhibit 1 and incorporated by reference.
NOW, THEREFORE, the City Council of the City of Madera finds, determines, resolves and orders as follows:
1. The recitals listed above are true and correct.
2. The Council approves the Agreement between the City and Madera Rescue Mission.
3. This resolution is effective upon receipt of written confirmation from the U.S.
Department of Housing and Urban Development of the City of Madera 2022/23 Action Plan approval.
4. The Director of Financial Services is hereby authorized to take such action to implement the terms of the Resolution.
5. The City Clerk with concurrence from the City Attorney is authorized to make clerical and non-material corrections to this resolution and the Agreement.
6. This resolution is effective immediately upon adoption. *****
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COMMUNITY DEVELOPMENT BLOCK GRANT
SUBRECIPIENT AGREEMENT
BETWEEN THE CITY OF MADERA AND MADERA RESCUE MISSION
This Community Development Block Grant Subrecipient Agreement (“Agreement”) is entered into, effective on the date of July 1, 2022, by and between the City of Madera (“City”) and MADERA RESCUE MISSION, hereafter referred to as "SUBRECIPIENT."
RECITALS
A. This Agreement sets forth the responsibilities of City and Subrecipient in accomplishing the objectives of the United States Department of Housing and Urban Development (HUD) Community Development Block Grant as set forth in the Housing and Community Development Act of 1974, (hereinafter referred to as “CDBG”), as amended.
B. The City has been designated as the sponsoring agency to administer and implement the program for the Community Development Block Grant (CDBG) activities of the CITY, and in accordance with the provisions of Title I of the Housing and Community Development Act of 1974, as amended, and the laws of the State of California.
C. Under the CDBG regulations the City may grant the CDBG funds to nonprofit organizations or public agencies for certain purposes.
D. City agrees to engage the services of Subrecipient, and Subrecipient agrees to perform the services for CITY hereinafter described, for the compensation, during the term, and otherwise subject to the covenants and conditions hereinafter set forth.
AGREEMENT
1. Services
The Subrecipient shall provide all services and responsibilities as set forth in the project design, which is attached to this Agreement, marked as EXHIBIT "B", and incorporated herein by reference.
2. Funding and Method of Payment
a. Compensation
Payments shall be made after receipt and verification of actual expenditures incurred by the Subrecipient in the performance of this Agreement and shall be documented to the City by the tenth (10th) day of the month following the end of each quarter. Allowable expenditures under this Agreement are specifically established, attached and incorporated by reference as EXHIBIT “A".
The total obligation of the City under this Agreement shall not exceed $32,500 in fiscal year 2022- 2023. Any compensation not consumed by expenditures of the SUBRECIPIENT by the expiration of this Agreement shall automatically revert to the CITY. b. Public Information
The Subrecipient shall disclose in all public information its funding source. c. Lobbying Activity
The Subrecipient shall not directly or indirectly use any of the funds provided under this Agreement for publicity, lobbying, or propaganda purposes designed to support or defeat legislation pending before the Congress of the United States or the Legislature of the State of California.
d. Political Activity
The Subrecipient shall not directly or indirectly use any of the funds under this Agreement for any political activity or to further the election or defeat of any candidate for public office.
3. Fiscal Compliance
The SUBRECIPIENT shall be subject to the same fiscal regulations imposed on CITY by the U. S. Department of Housing and Urban Development for the use of CDBG funds.
4. Program Income
SUBRECIPIENT shall report quarterly all program income as required under 24 CFR 570.503(b)(3) generated by activities carried out with CDBG funds made available under this Agreement. The use of program income by the SUBRECIPIENT shall comply with the requirements set forth at 24 CFR 570.504. By way of further limitations, the Subrecipient may use such income during the contract period for activities permitted under this Agreement and shall reduce requests for additional funds by the amount of any such program income balance on hand. All unexpended program income shall be returned to City at the end of the contract period. Any interest earned on cash advances from the U.S. Treasury and from funds held in a revolving fund account is not program income and shall be remitted promptly to City.
5. Compliance with Laws
If the SUBRECIPIENT receives CDBG funding under this Agreement, SUBRECIPIENT shall comply with all rules and regulations established pursuant to the Housing and Community Development Act of 1974 and its amendments and Uniform Administrative Requirements under 24 CFR 570.503(b)(4). The Subrecipient and any subcontractors shall comply with all applicable local, State and Federal regulations, including but not limited to those requirements listed in Community Development Block Grant certifications attached hereto and incorporated herein by reference as EXHIBIT “D”.
6. Administrative Requirements/Financial Management/Accounting Standards
Subrecipient agrees to comply with 24 CFR 84.21-28 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred.
7. Costs Principles
Subrecipient shall administer its program in conformance with OMB Uniform Guidance.
These principles shall be applied for all costs incurred whether charged on a direct or indirect basis.
8. Contract Administration
City shall retain the right to administer this Agreement to verify that Subrecipient is performing its obligations in accordance with the terms and conditions of this Agreement.
Subrecipient and City shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof.
9. Period of Performance (Term of Agreement)
The Subrecipient shall commence performance under this Agreement on July 21, 2022, and shall end its performance June 30, 2023, unless terminated sooner as provided for elsewhere in this Agreement. The Agreement may be extended by written modification of the parties.
10. Records
a. Record Establishment and Maintenance
Subrecipient shall establish and maintain records in accordance with those requirements prescribed by City, with respect to all matters covered by this Agreement. Subrecipient shall retain all fiscal books, account records, and client files for services performed under this Agreement for at least three (3) years from the date of the final payment under this Agreement or until all State and Federal audits are completed for that fiscal year, whichever is later. Pursuant to State and Federal law, it is the intent of the parties to this Agreement that the Subrecipient shall be reimbursed for actual costs incurred in the performance of this Agreement but that no profit is to accrue to the Subrecipient on account of such performance.
SUBRECIPIENT shall maintain all records required by the Federal regulations specified in 24 CFR 570.506 that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to:
1. Records providing a full description of each activity undertaken;
2. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program;
3. Records required to determine the eligibility of activities;
4. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance;
5. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program;
6. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21-28; and
7. Other records necessary to document compliance with 24 CFR 570.503(b)(5). b. Reports/Required Notifications
The Subrecipient shall submit reimbursement claims with substantiating invoices and timecards signed by both the employee and applicable Authorizing Official of the Subrecipient. Reports shall consist of the Quarterly Reporting Form. This form is contained in EXHIBIT “C” attached hereto and incorporated herein by reference.
The Subrecipient shall also furnish to the City such statements, records, reports, data, and information as the City may request pertaining to matters covered by this Agreement. In the event that the Subrecipient fails to provide such reports, it shall be deemed sufficient cause for the City to withhold payments until there is compliance. In addition, the Subrecipient shall provide written notification and explanation to the CITY within five (5) days of any funds received from another source to conduct the same services covered by this Agreement.
City shall notify Subrecipient in writing within thirty (30) days of any potential State or Federal exception discovered during an examination. Where findings indicate that program requirements are not being met and State and Federal participation in this program may be imperiled in the event that corrections are not accomplished by Subrecipient within thirty (30) days, written notification shall constitute City’s intent to terminate this Agreement.
Subrecipient shall report to City promptly and in written detail, each notice of claim of copyright infringement received by Subrecipient with respect to all subject data delivered under this Agreement. Subrecipient shall not affix any restrictive markings upon any data. If markings are affixed, City shall have the right at any time to modify, remove, obliterate, or ignore such markings. c. CDBG Reporting Requirements
The City will inform Subrecipient in writing if CDBG funds are provided under this Agreement, which require Subrecipient to submit an application or to complete a record as an integral part of receiving these funds.
Subrecipient shall submit with each quarterly invoice copies of paid invoices/receipts, copies of cash receipts or checks used to pay each invoice submitted, copies of timecards and related pay stubs for reimbursement.
11. Assignment
Subrecipient may not assign or transfer their obligation of this Agreement or any rights hereunder without the prior written consent of the other party.
12. Subcontracts
If the Subrecipient should propose to subcontract with one or more third parties to carry out a portion of those services described in EXHIBIT "B" insofar as it deems proper or efficient, any such subcontract shall be in writing and approved by the CITY prior to execution and implementation. Any such subcontract, together with all other activities performed, or caused by the Subrecipient, shall not allow compensation greater than the total project budget contained in EXHIBIT "A." An executed copy of any such subcontract shall be submitted to the City before any implementation and shall be retained by the City.
The Subrecipient shall be responsible to the City for the proper performance of any subcontract. Any subcontractor shall be subject to all of the same terms and conditions that the Subrecipient is subject to under this Agreement. No officer or director of the Subrecipient shall have any direct monetary interest in any subcontract made by the Subrecipient. A direct monetary interest contrary to this paragraph shall be deemed to exist, if an officer or director of the Subrecipient is also an owner, officer, or director of a corporation, association, or partnership subcontracting with the Subrecipient.
In addition, if the Subrecipient receives CDBG funds under this Agreement, the subcontractor shall be subject to CDBG federal regulations, including those listed in EXHIBIT "D".
13. Conflict of Interest
No officer, employee, or agent of the City who exercises any function or responsibility for planning and carrying out of the services provided under this Agreement shall have any direct or indirect personal financial interest in this Agreement. The Subrecipient shall comply with the provisions of 24 CFR 570.611 with respect to conflicts of interest and covenants hat it presently has no financial interest, direct or indirect, which would conflict in any manger or degree with the performance of this Agreement. The Subrecipient further covenants that in the performance of this Agreement, no person having such a financial interest shall be employed or retained by Subrecipient.
14. Discrimination
a. Eligibility for Services
The Subrecipient shall prepare and make available to the CITY and to the public all eligibility requirements to participate in the program plan set forth in EXHIBIT "B." No person shall, on the grounds of race, color, national origin, sex, religion, age, or disability status, be excluded from participation in, and denied the benefits of, or be subjected to discrimination with respect to the services funded under this Agreement.
The Subrecipient’s services shall be accessible to the physically disabled, and the services of a translator, signer or assistive listening device shall be made available. Subrecipient, in its marketing materials, shall specify assistance to access its services is available for deaf and hardof-hearing persons by calling 711 or 1-800-735-2929 and, for voice users, 1-866-735-2922 for TTY Relay Services. Subrecipient shall comply with requirements set forth in EXHIBIT E, Accessibility for Persons with Disabilities to Non-Housing Programs funded by Community Development Block Grant Funds – Section 504 of the Rehabilitation Act of 1973, the Americans With Disabilities Act, and the Architectural Barriers Act.
b. Employment Opportunity
The Subrecipient shall comply with the CITY policy, the Community Development Block Grant regulations, and the Equal Employment Commission guidelines, which forbids discrimination against any person on the grounds of race, color, national origin, sex, religion, age, familial status, disability status, or any other status protected by law in employment practices.
Such practices include retirement, recruitment advertising, hiring, layoff, termination, upgrading, demotion, transfer, rates of pay or other forms of compensation, use of facilities, and other terms and conditions of employment.
c. Suspension of Compensation
If an allegation of discrimination occurs, the City shall withhold all further funds until the Subrecipient can show by clear and convincing evidence to the satisfaction of the City that funds provided under this Agreement were not used in connection with the alleged discrimination. d. Nepotism
Except by written consent of the City, no person shall be employed by the Subrecipient who is related by blood or marriage or who is a member of the Board of Directors or an officer of the Subrecipient. In the event HUD determines a CDBG-funded Subrecipient’s organization/agency operations violate federal rules and regulations with regard to nepotism and/or conducts business and a conflict of interest issue arises, then Subrecipient shall accept all responsibility to return any CDBG funds received from City.
15. Termination
a. This Agreement may be immediately terminated by City for cause where in the determination of City, any of the following conditions exist: (1) an illegal or improper use of funds, (2) failure to comply with any terms of this Agreement, (3) a materially incorrect or incomplete report, (4) an improper performance of services.
b. Any one of or combination of the above conditions will constitute grounds for suspension or termination of the Agreement. In no event shall any payment by the City hereunder constitute a waiver by the City of any breach of this Agreement or any default which may then exist on the part of the Subrecipient, nor shall such payment impair or prejudice any remedy available to the City with respect to the breach of default. When there is a breach of this Agreement, as defined by this section, the City may, in its sole discretion, immediately suspend or terminate this Agreement.
c. City shall have the option to terminate this Agreement without obligation of City to reimburse Subrecipient from the date the Federal or State Government withholds or fails to disburse funds to City. In the event such government withholds or fails to disburse funds, City shall give Subrecipient notice of such funding limitation or termination within a reasonable time after City receives notice of same.
d. Upon thirty (30) days written notice to the other party, either party may terminate this Agreement without cause. Notice shall be deemed served upon mailing.
16. Amendments
Adjustment of any line item within the total approved budget contained in EXHIBIT “A” or changes in the nature or scope of the program plan set forth in EXHIBIT “B” may be approved in writing by the City Manager, or his designee.
17. Administration
The City of Madera Grants Administration Department shall administer this Agreement.
18. Evaluation
The City shall monitor and evaluate the performance of the Subrecipient under this Agreement to determine to the best possible degree the success or failure of the services provided under this Agreement and the adequacy of the program plan contained in EXHIBIT "B." The Subrecipient shall participate in evaluation of the program.
Subrecipient shall cooperate fully with City, State and Federal agencies, which shall have the right to monitor and audit all work performed under this Agreement.
Subrecipient shall also agree to on-site monitoring and personal interviews of participants, Subrecipient’s staff, and employees by appropriate City staff on at least a quarterly basis.
19. Governing Law
Any controversy or claim arising out of or relating to this Agreement which cannot be amicably settled without court action shall be litigated only in Madera, California. The rights and obligations of the parties and all interpretations and performance of this Agreement shall be governed in all respects by the laws of the State of California.
20. Reversion of Assets
The Subrecipient must obtain prior written approval from the City whenever there is any modification or change in the use of any property acquired or improved, in whole or in part, using CDBG funds. If any real or personal property acquired or improved with CDBG funds is sold and/or is utilized by the Subrecipient for a use which does not qualify under the CDBG program, the Subrecipient shall reimburse the City in an amount equal to the current fair market value of the property, less any portion thereof attributable to expenditures of non-CDBG funds. These requirements shall continue in effect for the life of the property. In the event the CDBG program is closed-out, the requirements of this Section shall remain in effect for activities or property funded with CDBG funds, unless action is taken by the Federal government to relieve the City of these obligations.
21. Breach of Agreement
In the event the SUBRECIPIENT fails to comply with any of the terms of this Agreement, the CITY may, at its option, deem the SUBRECIPIENT’s failure as a material breach of this Agreement and utilize any of the remedies set forth in 24 CFR 85.43 or that it deems appropriate.
Should the CITY deem a breach of this Agreement material, the CITY shall immediately be relieved of its obligations to make further payment as provided herein. In addition to the Agreement being terminated by the CITY in accord with a material breach of this Agreement by the SUBRECIPIENT, this Agreement may also be terminated for convenience by the CITY in accord with 24 CFR 85.44.
22. No Third-Party Beneficiaries
This Agreement is not intended to create and does not create any rights in or benefits to any third party, nor will it be deemed to confer rights or remedies upon any person or legal entity not a party to this Agreement.
23. Indemnification
Subrecipient shall indemnify, defend, and hold harmless the City, and its officers, employees, and agents (“City indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Subrecipient’s performance of its obligations under this agreement or out of the operations conducted by Subrecipient, including the City’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Subrecipient’s performance of this agreement, the Subrecipient shall provide a defense to the City indemnitees, or at the City’s option, reimburse the City indemniteestheir costs of defense, including reasonable legal counsels’ fees, incurred in defense of such claims.
24. Independent Contractor
Subrecipient and its subcontractors shall perform this Agreement as independent contractors and not as officers, employees, agents or volunteers of City. Nothing contained in this Agreement shall be deemed to create any contractual relationship between City and Subrecipient’s employees or subcontractors, nor shall anything contained in this Agreement be deemed to give any third party, including but not limited to Subrecipient’s employees or subcontractors, any claim or right of action against City.
25. Insurance Requirements for Subrecipients
Without limiting Subrecipient’s indemnification of City, and prior to commencement of Work, Subrecipient shall obtain, provide, and continuously maintain at its own expense during the term of the Agreement, and shall require any and all Subcontractors and Subconsultants of every Tier to obtain and maintain, policies of insurance of the type and amounts described below and in form satisfactory to the City.
Minimum Scope and Limits of Insurance
Subrecipient shall maintain limits no less than:
$500,000 General Liability (including operations, products and completed operations) per occurrence, $1,000,000 general aggregate, for bodily injury, personal injury and property damage, including without limitation, blanket contractual liability. Coverage shall be at least as broad as Insurance Services Office (ISO) Commercial General Liability coverage form CG 00 01.
$500,000 Automobile Liability combined single limit per accident for bodily injury or property damage at least as broad as ISO Form CA 00 01 for all activities of Subrecipient arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles. This provision shall not apply if Subrecipient’s activities do not include driving in the performance of the proposed scope of work.
Worker’s Compensation as required by the State of California and $500,000 Employer’s Liability per accident for bodily injury or disease.
Maintenance of Coverage
Subrecipient shall procure and maintain, 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 hereunder by Subrecipient, its agents, representatives, employees, subcontractors or subconsultants as specified in this Agreement.
Proof of Insurance
Subrecipient shall provide to the City certificates of insurance, as required, as evidence of the insurance coverage required herein. Insurance certificates must be approved by the City prior to commencement of performance. Current evidence of insurance shall be kept on file with the City at all times during the term of this Agreement. Agency reserves the right to require complete, certified copies of all required insurance policies, at any time.
Acceptable Insurers
All insurance policies shall be issued by an insurance company currently authorized by the Insurance commissioner to transact business of insurance in the State of California, with an assigned policyholders’ Rating of A- (or higher) and a Financial Size Category Class VII (or larger), in accordance with the latest edition of Best’s Key Rating Guide.
Enforcement of Contract Provisions (non estoppel)
Subrecipient acknowledges and agrees that any actual or alleged failure on the part of the City to inform Subrecipient of non-compliance with any requirement imposes no additional obligations on the City, nor does it waive any rights hereunder.
Specifications not Limiting
Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If Subrecipient maintains higher limits than the minimums required above, the entity shall be entitled to coverage at the higher limits maintained by Subrecipient.
Notice of Cancellation
//
Subrecipient agrees to oblige its insurance agent or broker and insurers to provide to the City with thirty (30) calendar days’ notice of cancellation (except for nonpayment for which ten (10) calendar days’ notice is required) or nonrenewal of coverage for each required coverage.
Self-insured Retentions
Any self-insured retentions must be declared to and approved by the City. The City reserves the right to require that self-insured retentions be eliminated, lowered or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by the City’s Risk Manager.
Timely Notice of Claims
Subrecipient shall give the City prompt and timely notice of claims made or suits instituted that arise out of or result from Subrecipient’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
Additional Insurance
Subrecipient shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgement may be necessary for its proper protection and prosecution of the Work.
26. Violation of Federal Rules and Regulations
In the event HUD determines a CDBG-funded Subrecipient has violated Federal rules and regulations and HUD requires repayment of CDBG funds, then Subrecipient shall repay any CDBG funds within 90 days of a written request from CITY.
27. General Provisions
a. Entire Agreement
This Agreement constitutes the entire agreement between Subrecipient and City with respect to the subject matter hereof and supersedes all previous negotiations, proposals, commitments, writings, advertisements, publications and understandings of any nature whatsoever unless expressly included in this Agreement. b. Notice
Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid first-class mail:
To the City:
City of Madera – Grants Department
205 W. 4th St.
Madera, CA 93637
To the Subrecipient:
MADERA RESCUE MISSION
Madera, CA 93638
Madera, CA 93638
at his/her address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
c. Interpretation
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. d. Severability
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement that are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. e. Execution in Counterparts
This Agreement may be executed in counterparts such that the signatures may appear on separate signature pages. A copy or an original, with all signatures appended together, shall be deemed a fully executed Agreement.
[SIGNATURES ON NEXT PAGE]
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective officers thereunto duly authorized as set forth below.
CITY OF MADERA: MADERA RESCUE MISSION:
By: ___________________________________ By: ______________________________ Santos Garcia, Mayor Madera Rescue Mission
Date: __________________________________ Date: ______________________________ ATTEST: APPROVED AS TO LEGAL FORM:
By: ___________________________________ By: _________________________________ Alicia Gonzales, City Clerk Hilda Cantú Montoy, City Attorney Date: __________________________________ Date: _______________________________ Exhibit A
FY 2022-2023 Budget
MADERA RESCUE MISSION
Madera Rescue Mission
Budget Line Item Madera
Personnel Lines needed:
Benefits $0.00
Taxes $0.00
Subtotal Personnel $0.00
Non-Personnel
Move-In Assistance $0.00
Supplies & Materials $3,000
Equipment $0.00
Communications $0.00
Meetings & Convenings $0.00
Travel & Transportation $0.00
Training $0.00
Consulting $0.00
Evaluation $0.00
Other Lines needed: 3
Utilities $18,000.00
Insurance $10,000
Printing $1,500
Subtotal Non-Personnel $32,500.00
Total Personnel & Non-Personnel $32,500.00
Indirect Costs $0.00
TOTAL $32,500.00
Number of Persons Served: 200
Cost per Individual $163
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CDBG 2022/2023 GRANT APPLICATION
PUBLIC SERVICES, CAPITAL PROJECTS, & PUBLIC IMPROVEMENTS Exhibit B – Project/Program Summary
Application Type Public Service
Legal Name of
Organization: Madera Rescue Mission
Name of Project: Homeless Program
Street Address/Service
Area of Project: 1305 Clinton Street
City: Madera CA Zip: 93638
Amount Requested for
this Project: $34,500
Amount of Leveraged
Funds Available for this
Project:
$0
Mailing Address: Madera, CA 93638
City: Madera Zip: 93638
Grant Administrator : Ligia
Pacheco Title: Accounting
Phone: (559)675-8321 Ext
223
Email:
[email protected]
SAM Number: 197697709 System for Award
Management (Formerly, CCR) Number
UEI Number:
H2DFU4VANDJ4
Federal EIN/TIN Number: 77-
0144133
Program/Project
Administrator: Lynda
Belmontez
Title: Deputy Director
Phone: 5596758321 Email:
[email protected]
Type of Entity/Organizational Structure Non-Profit
Brief Project Description(50 Words Max):Madera Rescue
Mission' is an ongoing program providing emergency and
transitional shelter to the homeless, single individuals and low-income families with children. Help clients with the process of being homeless to obtain their permanent
housing. Serving more than 3,000 meals monthly as well as offer a 9 /12 month faith based Recovery Program.
V
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CDBGPUBLICSERVICESAPPLICATION
1. SUMMARYOFCOMMUNITYNEEDORPROBLEMTOBE
ADDRESSED:(Describethecommunityneedorproblemto
be addressedbytheproposedprogram. Statehow andby
whomtheneedwasidentified. Citeyoursources(e.g., U.S. 20XX Census Data Table X.) The community problem that needs to be addressed is the homeless issue. It is affecting not only residential areas an d
business’s, buttoourenvironment. Thecontinuedtrash
andhumandisposalonourstreet’sisconcerning, notonly
toresidentslivingneartheriver, buttoTheHealth
Department aswell. Accordingtonewstatisticsreleasedby
Data.Census.gov. ItwasestimatedforMadera CAtohavea
populationof159,410for2021. Thisis anindicatorthat
ourtownwillhave anincreaseofhomelesspopulationfor
2022. Addedtothiswehavemanypeoplethathavenot
onlylosttheir jobs, buttheirhouses aswellduetoCOVID-
19. Everyoneknowsthatthispandemicis a nationwide
issuethathashaddevastatingconsequences. 2. EXISTING SERVICES: List other agencies c urrently
addressingtheneedorproblemdescribed above. Holy Family Table is soup kitchen that provides br eakfast, The Hope House provides limited daily activities for the homeless. There are some other agencies that provide services to low income individuals such as Love Inc, CAPMC. 3. Explain how your program supplements or complemen ts
existingserviceswithoutduplicatingthem. Madera Rescue Mission serves all people in need asit
relatestoemergencyshelter andfood. We have emergency housing for wome n andchildren(38
beds)
Wehaveemergencyhousingformen(64beds)
Weserve3dailyhealthymeals. (morethan3,000meals
monthly)
Weoffer9/12monthfaith-basedRecoveryProgram. We teach Biblical principles. We offer classes of anger management and domestic violence prevention as well ACE Overcomers. We offer work skills in different areas. 7/7/22, 3:42 PM City Data Services - Madera
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4. Describe the method used to measure the effectiveness (outcomes) of services. Identify measurable goals and
objectives. Attach a copy of the program's evaluation
documentation.
MRM measures our effectiveness by keeping track of our
daily services being provide which includes daily meals served & nightly bed logs, in addition we also have our staff provide daily narrative info if any incidents happens during the night shift. We make sure that our guest feel
comfortable, loved and having the sense that we really care for them.
5. Mark the box below that indicates the national objective met:
Activities Benefiting Low and Moderate-Income Persons. 570.208(a) LMA-Area Benefit. 570.208(a)(1) Area-wide activities benefit ALL residents in a particular area, where at least of the people are low and moderate-income. The service area of the project must be specifically identified. If this objective is selected, upload a service area map that includes all Census Tracts and Block Groups served by your project and a calculation of the low/mod-income percentage. Click Here to verify Census Tracts and Block Groups for CDBG LMA Service Area Map
LMC-Limited Clientele. 570.208(a)(2).
Limited Clientele. 570.208(a)(2)(i) Activities benefit low and moderate-income (LMI) persons without regard to the area being served. At least of the persons participating in the activity must be low and moderate-income. Indicate how your
organization verifies income eligibility of clients.
Presumed Benefit. 570.208(a)(2)(i)(A) Clients served are primarily and specifically from one of the following groups:
Abused children
Battered spouse
Ederly persons (62 years of age or older)
Illiterate persons
Migrant farm workers
Handicapped individuals
Homeless persons
Persons with AIDS
Client Document Review. 570.208(a)(2)(i)(b) Clients provide tax documents, pay stubs, etc., to verify income. Upload sample worksheet.
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method. Upload a blank "intake" form.
Limited Clientele. 570.208(a)(2)(ii) An activity that serves to remove material or architectural barriers to the mobility or accessibility of elderly persons or of adults meetig the definition of "severely disabled."
Limited Clientele. 570.208(a)(2)(iii) Microenterprise assistance activity to benefit new and existing microenterprises (five or fewer employees, including owner who is a low-mod person).
Limited Clientele. 570.208(a)(2)(iv) A job training and placement and/or other employment support services activity, including, but not limited to peer support programs, counseling, child care, transporation and other similar services, in which the
percentage of low- and moderate-income persons assisted is less than under limited circumstances under 24 CFR 570.208(a)(2)(iv), (a) and (b).
LMH-Housing Activities. 570.208(a)(3) An activity carried out for the purpose of providing or improving permanent residential structures, which, upon completion, will be occupied by low and moderate-income households.
LMJ-Jobs Activities. 570.208(a)(4) An activity designed to create or retain permanent jobs where at least of which, computed on a fulltime equivalent (FTE) basis, involve the employment of low and moderate-income persons.
Slum and Blight. 570.208(b) Activities that aid in the prevention or elimination of slums or blight.
For addressing Slum or Blight on an area basis, please Click Here for the regulations and criteria.
Urgent Need. 570.208(c) Community development activities having an urgent need. This objective rarely applies and is reserved for alleviating emergency situations such as natural disasters.
6. Which measurable objectives does your program meet?
MRM meets National Objective # 1. Our services benefit the homeless, low-income families & children. MRM also works with people with substance abuse through our 9/12-month in-patient Recovery Program. MRM endeavors to provide a safe place to reside during an emergency scenario. Through our program the Connection we work arduously with other agencies to help find a solution to the homeless issue in our community.
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7. How will your program meet its goals in one year?
Madera Rescue Mission meets our goals by:
Benefitting low-income families and children.
Providing decent temporary housing in a suitable living environment.
Helping & connecting clients with necessaries resources to obtain their permanenting housing.
Alleviating the hunger issue in our community.
Serving clients with mental health problems & substance abuse.
MRM’s goals will be met by the accessibility of services upon client’s request and having the satisfaction of serving anyone in need with love and compassion.
8. What financial resources, other than City are available for this program? Have applications for other funds been
submitted? Explain. If funds other than CDBG are proposed, please provide supporting documentation/letters of
commitment.
MRM, relies on our faithful monthly donors and business’s.
This Year, We have received a grant of $3,000K from Bank of America to support our annual operating budget. Also we were approved $49,000K from FEMA to support our
expenses for daily meals & nightly beds that we serve to our community. This year the amount of contributions have
drastically decreased due to financial issues that many of our regular donors are facing.
9. Describe in detail all proposed plans for fund raising for this program. What is the projected net income from fund raising? If net fund raising is not increasing, please explain (be specific).
MRM has 3 major events to raise funds. We have the Second Wind 5K run, in conjunction with the Food Bank, annually in March, which raised $8,000. We will have our annual
fundraiser banquet in October (estimated net income 20K as well as our Thanksgiving & Christmas mail campaign
(estimated Net 30K)
10. What was done to receive public input/participation? Please provide details. What did the public
7/7/22, 3:42 PM City Data Services - Madera
https://www.citydataservices.net/cities/maderca/app2022arc.pl?rpt=A227&prop=7&status=20 6/13 input/participation identify? Include documentation of
support for the proposal such as meeting minutes, letters and petitions.
MRM advertises our activities and programs on social
media (Facebook). We also have volunteers that help at our annual banquet and our 5K-Run. We also welcome the
participation of people in our community in serving meals at Thanksgiving & Christmas. In addiction, we have people that come to the Mission to teach our clients in our
Recovery Programs & our nightly guest.
11. If service is offered outside the Madera city limits, include the list of funding sources and supporting
documentation/letters of commitment that support these
program services.
N/A
12. When there is an overflow of clients, how is it
determined whom to serve?
For MRM every client is important to us, we are a first come first served organization, but we strive to help all that come to our doors.
13. Discuss your program’s/project’s successes.
MRM success hinges on people:
People becoming sober.
People being able to re-enter society.
People being able to obtain permanent housing.
People feeling safe, and no longer hungry.
People being able to go back to work.
Families being restored.
MRM success is reached by accomplishing our mission’s
goal, which it is to serve the least, the last and the lost with radical hospitality.
14. Discuss your program’s/project’s past performance
(2015 to 2020).
Our past performance is measured through the successful outcomes mentioned in previous answer # 13. Between
2015 & 2021 we have delivered our services to our
community as followed:
7/7/22, 3:42 PM City Data Services - Madera
https://www.citydataservices.net/cities/maderca/app2022arc.pl?rpt=A227&prop=7&status=20 7/13 From 2015 to 2021, we have had more than 45 graduates
from our Recovery program, which have re-entered society.
We also have had more than 78 homeless move from
emergency housing to permanent housing. In addition,
more than 36,500 annually meals were served to our
community and more than 18,250 annually bed nights.
15. Discuss how your program/project shall document that it provides either a new service or a quantifiable increase in the level of service.
MRM will make every effort to receive written/video
testimony from the guests who have spent time with us. We have seen a steady increase in need and foresee much more need in 2021. For 2022 we expect to have more demand of services due to the event of COVID-19 has impacted our
community, and it will tax Madera on numerous levels, from food insecurity to housing.
A new need from our community was to a have available
place where to allocate homeless patients released from the hospital. Now MRM count with a temporary Respite Care
for men & women.
CLIENT POPULATION
1. Indicate the total number of potential clients in
the community who require your services. 800
2. Indicate the Total number of Unduplicated
Clients you intend to serve during the term of this
proposed program/service (12 months).
200
3. If this program was funded last year, has there
been a change in the composition of the target
population to be served and/or shift in the
geographic target area?
Yes
No
4. Are income criteria used to establish eligibility for services? (If yes, attach a copy of the documentation
to establish income eligibility by household size and
household gross annual income. Acceptable forms of
documentation include two years of tax documents,
six months of paycheck stubs, six months of
checking and savings statements, retirement
accounts, 401(b)(3) or 401K plans, etc.
Yes
No
5. Is a fee schedule used?
(If yes, attach a copy of the fee schedule.)
Yes
No
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https://www.citydataservices.net/cities/maderca/app2022arc.pl?rpt=A227&prop=7&status=20 8/13 Please explain your answer to #3 above. Limit your
response to the space below
AGE
0-5 15
6-12 10
13-17 10
18-34 45
35-54 65
55-59 30
60-64 15
65+ 10
Total 200
GENDER
Female 40
Male 160
Total 200
Female-Headed
Households
40 Ethnic Categories* Clients
Hispanic or Latino 80
Not-Hispanic or Latino 120
Total 200
Racial Categories* Clients
American Indian or
Alaska Native
80 Asian 14
Black or African
American
40 Native Hawaiian or Other
Pacific Islander
17 White 40
Other 9
Total 200
*Public reporting burden for this collection is estimated to average 10 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This
information is authorized by the U.S. Housing Act of 1937 as amended, the Housing and Urban Rural Recovery Act of
1983 and Housing and Community Development Technical
Amendments of 1984. This information is needed to be in compliance with OMB-mandated changes to Ethnicity and
7/7/22, 3:42 PM City Data Services - Madera
https://www.citydataservices.net/cities/maderca/app2022arc.pl?rpt=A227&prop=7&status=20 9/13 Race categories for recording the 50059 Data Requirements to HUD. This information is considered non-sensitive and does not require any special protection.
• Hispanic or Latino. A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. The term “Spanish origin” can be used in addition to "Hispanic" or "Latino."
• Not Hispanic or Latino. A person not of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race.
• American Indian or Alaska Native. A person having origins in any of the original peoples of North and South America (including Central America), and who maintains tribal
affiliation or community attachment.
• Asian. A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian
subcontinent including, for example, Cambodia, China,
India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand and Vietnam.
• Black or African American. A person having origins in any of the black racial groups of Africa. Terms such as “Haitian” can be used in addition to "Black" or "African American." • Native Hawaiian or Other Pacific Islander. A person having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands.
• White. A person having origins in any of the original peoples of Europe, the Middle East or North Africa.
E. CITIZEN PARTICIPATION:
Proposals should include evidence of citizen support for activity.
1. What was done to receive public input/participation? Please provide details. What were the outcomes?
Include documentation of support for the proposal such as meeting minutes, letters and petitions.
Public input is received during Thanksgiving, Christmas, 5- K & Annual Banquet events. At these events we have
community members coming together to support our
efforts in serving the more vulnerable people in our
community. It is priceless to hear the good feedback we receive after services were provided to clients.
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2. Note complaints that have been received, etc.
No complaints so far, and we hope it never happens since our goal is to make everyone feel welcome.
3. Provide evidence of collaboration with other agencies within the community. We partnership with:
Madera food Bank in distribution of food boxes and the 5Kevent.
Community Action Partnership of Madera County
Madera County Department of Correction
Department of Social Services
Behavioral Health
Madera County Public Health
Madera Community Hospital
F. REFERENCES:
Please provide the name, title, company/agency,
phone and email address for three references.
Staff will contact references and obtain “Yes” and
“No” responses for the following:
• Was your experience working with this agency
successful?
• Have you seen at least one very successful project
developed by this organization/agency?
• Do you think they are doing a good job in Madera?
Name: Ryan McWherter
Title:Executive
Director
Company/Agency Madera
Food Bank
Tel. Number:
(559)975-5315
Email Address:
[email protected]
Name: Mattie Mendez Title: Executive Director
Company/Agency CAPMC
Tel. Number: (559)675-
5749
Email Address: [email protected]
Name: Sara Bosse
Title: Public
Health Director
7/7/22, 3:42 PM City Data Services - Madera
https://www.citydataservices.net/cities/maderca/app2022arc.pl?rpt=A227&prop=7&status=20 11/13 Company/Agency Madera County
Health Department
Tel. Number:
(559)675-7893
Email Address: [email protected]
SPONSORING AGENCY MANAGEMENT :
CORPORATION DIRECTORS:
How often does the Board meet? 1 Monthly
What was the average number of Board members attending
meetings last year? 7
Based on the bylaws, what is the minimum and maximum
number of seats on the Board?
Minimum: 5 Maximum: 8
Date of Incorporation: 1987
FINANCIAL:
If additional funds are received, please describe the source, the amount and provide supportingdocumentation.
We have been approved from FEMA PHASE 39 $19K and
from FEMA PHASE ARPAR $30K. Also From Bank of
America we received $3K. Please keep in mind that we are operating with an annual budget of $900,900. For instance, for this year we have budgeted just for utilities $68,200.
How often are financial records audited, and by whom?
Monthly review by accounting Consultant Robynne
Whetton & CPA Annually
Are the treasurer and/or other financial officers bonded? Yes No
If so, for how much? N/A
List any judgments or pending lawsuits against the agency or program:
N/A
List any outstanding obligations:
N/A
Budget Line Item Madera Other Funding Program Total
Personnel Lines needed:
Benefits $0
Taxes $0
Subtotal
Personnel $0 $0 $0
Non-Personnel
Move-In
Assistance $0
Supplies & $3,000 $3,000
0 I I
7/7/22, 3:42 PM City Data Services - Madera
https://www.citydataservices.net/cities/maderca/app2022arc.pl?rpt=A227&prop=7&status=20 12/13 Materials
Equipment $0
Communications $0
Meetings &
Convenings
$0
Travel &
Transportation
$0
Training $0
Consulting $0
Evaluation $0
Other Lines needed: 4
Utilities $20,000 $20,000
Insurance $10,000 $10,000
Printing $1,500 $1,500
$0 $0
Subtotal NonPersonnel
$34,500 $0 $34,500
Total Personnel
& Non-Personnel
$34,500 $0 $34,500
Indirect Costs $0
TOTAL $34,500 $0 $34,500
Proposed # of
Persons Served:
200
Cost per
Individual $173
Attachments
(Upload Instructions)
Checked attachments below are REQUIRED in order to submit your application, and your application WILL NOT be able to be submitted with missing required attachments! Please take this into consideration when timing your submission of this application. The documents you need to upload are checked below. If you have other attachments you would like to include, please check the box and, if Other, identify the Attachment in the box. If you are unable to upload any of the attachments, contact Marcela Zuniga at 559- 661-3692 or [email protected] at least one day prior to the deadline.
Attachment
Link or Explanation for Missing
Attachments
Articles of Incorporation and Bylaws
MRM_Articles_of_Incorporation__Bylaws.pdf
MRM_Organization_Chart.pdf
Organization Chart See the up attached file
Non-Profit Determination Letters, IRS &
State (501.3.c)
501_2022.pdf
MRM_Financial_Statements.pdf
7/7/22, 3:42 PM City Data Services - Madera
https://www.citydataservices.net/cities/maderca/app2022arc.pl?rpt=A227&prop=7&status=20 13/13 Most Recent Financial Statements See the Up attached file Most Recent Audit & Findings, if any We are not mandated to have Audited Financial
Program Intake Policies MRM_Program_Intake_Polices.pdf
Client Intake Form Intake form is Included with the intake polices file
Evaluation Document See the Down attached file
Board Certification N/A We don
Board Roster MRM_Board_of_Director_List_2022-2023.docx
Other - Financial supporting
documentation
Financial_supporting_documentation.pdf
Evaluation_document_forms.pdf
Client_Intake_Form.pdf
501_2022.pdf
Other - MRM 2022 Budget MRM_2022_Budget.pdf
Submitted By: Ligia Pacheco
Date Signed 06/17/2022
Approved By: Marcela Zuniga
Date Signed 06/17/2022
Initially submitted: May 26, 2022 - 10:24:18
Returned to Draft 06-17-2022 by Madera
Reason: Please submit a revised budget.
~
0 City of Madera
Grants Department
Marcela Zuniga
Grants Administrator
205 West 4th Street
Madera, CA 93637
Phone: 559-661-3692
Email: [email protected]
Program:
Agency:
CITY OF MADERA
COMMUNITY DEVELOPMENT DEPARTMENT
PROJECT PROGRESS REPORT
Highlighted entries are from the previous report. You may use the "Click to Copy" checkboxes to copy this information to the current report.
Date: IDIS #:
Agency Name: PO #:
Agency Address
Program Name: Grant Year: Report Period:
Program Description:
Prepared By: Phone #:
E-mail:
1. ACCOMPLISHMENTS
Measures Goal Q1 Q2 Q3 Q4
Year-End
Total
2. Income Data - Unduplicated PERSONS Served View AMI Table -- NOTE: Income table is pre-filled from Race/Ethnicity Presumed Beneficiary:
Q1 Q2 Q3 Q4 Year-End Total
Extremely Low Income (0 - 30% AMI)
Very Low Income (31 - 50% AMI)
Low Income (51 - 80% AMI)
Moderate Income (> 80% AMI)
TOTALS
Exhibit C
---- VAHEY CINTRAl
3. Race/Ethnicity Data - Unduplicated PERSONS Served
Characteristic Q1 Q2 Q3 Q4 Year-End Total
#
Served ?
Hisp ?
#
Served Hisp
#
Served Hisp
#
Served Hisp
#
Served Hisp
White 0 0
Black/African American 0 0
Asian 0 0
Amer. Indian/Alaskan
Native
0 0
Native Hawaiian/Pacific
Isl.
0 0
Amer. Indian/White 0 0
Asian/White 0 0
Black/White 0 0
Amer. Indian/Black 0 0
Other 0 0
TOTAL 0 0 0 0
4. Other Demographic Data
Enter number of Unduplicated PERSONS Served for each line item Q1 Q2 Q3 Q4 YTD
Homeless
Female-Headed Households
Disabled/Special Needs
Madera Residents
1. Performance and Progress
a. Restate your agency's Major Activities and Performance Measures under your contract's Scope of Work.
You have 2000 characters left.
b. Describe the progress that has been achieved on each activity during this reporting period.
Upload charts/tables to show supplemental cumulative numbers if helpful.
You have 2000 characters left.
2. Program/Project Changes
a. If you had any significant modifications in your program/project, please describe them.
You have 2000 characters left.
b. How did these modifications help your program/project achieve your goals and objectives? You have 2000 characters left.
3. Program/Project Problems, Challenges, or Concerns
a. Identify any agency problems, challenges, or concerns during this reporting period.
You have 2000 characters left.
b. How are your annual performance goals impacted by these problems, challenges, or concerns? You have 2000 characters left.
4. Program/Project Problems, Challenges, or Concerns
a. Describe the impact that your program/project has had on clients and the community - e.g., How did your program/project's activities benefit your clients and the City of Madera? How did your program/project help reduce the number of persons living in poverty? If applicable, how did your program/project provide economic opportunities for your clients?
You have 2000 characters left.
b. If applicable, how did your agency maintain and/or expand activities to prevent those currently housed from becoming homeless?
You have 2000 characters left.
Uploaded Documents: (Up to 20 documents can be attached) Click here to go to the Upload Documents page (Your report will be saved) City Data Services - San Mateo, CA
Copyright © 2007-2022. City Data Services. All rights reserved. --------------------- -
Exhibit D
COMMUNITY DEVELOPMENT BLOCK GRANT CERTIFICATIONS
A. Federal Common Rule Requirements, including, but not limited to, Executive Order 11246, as amended by Executive Orders 11375 and 120860 and implementing regulations issued at 41 CFR Chapter 60; Davis-Bacon Act as amended (40 U.S.C. 276 a to a-7 and 29 CFR, Part 5); Copeland "Anti-Kick Back" Act (18 U.S.C. 874 and 29 CFR, Part 3); Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330 and 29 CFR, Part 5); Section 306 of the Clean Air Act (42 U.S.C. 0857 (h); Section 506 of the Clean Water Act (33 U.S.C. 1368); Executive Order 11738; Environmental Protection Agency Regulations (40 CFR Part 15); and applicable sections of 24 CFR 85.
Also in the common rule are mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with Energy Policy and Conservation Act (Pub L. 94 - 163 ).
B. Office of Management and Budget Circulars No. -21, A-102 revised, A-87, A-110, A-122 and A-128 as they relate to the acceptance and use of Federal funds under this program.
C. Executive Order 11063, as amended by Executive Order 11259, and implementing regulations at 24 CFR Part 107, as they relate to non-discrimination in housing.
D. The Architectural Barriers Act of 1968 ( 42 U .S.C. 4151 ).
E. Clean Air Act of 1970 (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. l 251 et seq.).
F. Bidding requirements contained in the California Public Contracts Code.
G. The relocation requirements of Title II and the acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act) and HUD implementing regulations, 24 CFR Part I as it relates to prohibiting discriminatory action under any activity receiving Federal funds.
H. Provisions of the California Water Code Section 55350 et. sequens.
I. Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352) and implementing regulations 24 CFR Part I as it relates to prohibiting discriminatory action under any activity receiving Federal funds.
J. Title VIII of the Civil Rights Act of 1968, (Pub. L. 90-284) as amended and implementing regulations 24 CFR l 07 as it relates to fair housing.
K. Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112) as amended and implementing regulations when published for effect as they relate to non-discrimination against the handicapped.
L. The Age Discrimination Act of 1975, (Pub. L. 94-135) as amended, and implementing regulations contained in 10 CFR Part 1040 and 45 CFR Part 90.
M. The lead based paint requirements of24 CFR Part 35 Subpart B issued pursuant to the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et.seq.).
N. Section 109 of the Housing and Community Development Act of 1974, as amended, and the regulations issued pursuant thereto (24 CFR Section 570.601) as it relates to prohibiting discriminatory actions and activities funded by Community Development Funds.
0. Section 3 of the Housing and Urban Development Act of 1968, as amended and implementing regulations at 24 CFR Part 135.
P. Executive Order 11988 relating to the evaluation of flood hazards and Executive Order 11288 relating to the prevention, control, and abatement of water pollution.
Q. The flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (Pub. L. 93-234).
R. No member, officer or employee of the Grantee, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, and that it shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this certification.
S. Additionally, all conflict requirements noted in 24 CFR 570.611 shall be complied with by all parties.
T. Title I of Section 104(b)(5) of the Housing and Community Development Act as amended and implementing regulations at 24 CFR 570.200 relating to Special Assessments.
U. Section l 06 of the National Historic Preservation Act and implementing regulations at 36 CFR Part 800.
V. The Endangered Species Act of 1973, as amended, and implementing regulations at SO CFR Part 402.
W. Title I of the Housing and Community Development Act of 1974, as amended, and implementing regulations contained in 24 CFR Part 570 and in 24 CFR Part 85.
X The use of CDBG funds by a religious organization shall be subject to those conditions as prescribed by HUD for the use ofCDBG funds by religions organizations in accordance with Section 570.200G) of the Federal CDBG regulations.
Y. All contracts shall include a "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions" as required by 29 CFRPart98.
Exhibit E
U.S. Department of Hou1ing and Urban Development
COMMUNITY PLANNING AND DEVELOPMENT
Special Attention of:
All Secretary's Representatives
All State/Area Coordinators
All CPD Office Directors
All FHEO Field Offices
All CDBG Grantees
Notice CPD- 00-lO
Issued: December 26, 2000
Expires: December 26, 200 I
Subject: Accessibility for Persons with Disabilities to Non-Housing Programs funded by Community Development Block Grant Funds - Section 504 of the Rehabilitation Act of 1973, the Americans With Disabilities Act, and the Architectural Barriers Act I. Purpo1e
The purpose of this Notice is to remind recipients of Federal funds under the Community Development Block Grant (CDBG) Program of their obligation to comply with Section 504 of the Rehabilitation Act of 1973, HUD's implementing regulations (24 CFR Part 8), the Americans with Disabilities Act, (ADA) and its implementing regulations, (28 CFR Parts 35, 36), and the Architectural Barriers Act (ABA) and its implementing regulations (24 CFR Parts 40, 41) in connection with recipients' non-housing programs.
This Notice describes key compliance elements for non-housing programs and facilities assisted under the CDBG programs. However, recipients should review the specific provisions of the ADA, Section 504, the ABA, and their implementing regulations in order to assure that their programs are administered in full compliance.
Applicability
This Notice applies to all non-housing programs and facilities assisted with Community Development Block Grant Funds (e.g. public facilities and public improvements, commercial buildings, office buildings, and other non-residential buildings) and facilities in which CDBG activities are undertaken (e.g., public services). A separate Notice is being issued concerning Federal accessibility requirements for housing programs assisted by recipients ofCDBG and HOME program funds.
II. Section 504 of the Rehabilitation Act of 1973
Section 504 of the Rehabilitation Act of 1973, as amended, provides "No otherwise qualified individual with a disability in the United States ... shall, solely by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance ... ". HlJD's regulations implementing the Section 504 requirements can be found at 24 CFR Part 8.
Part 8 requires that recipients ensure that their programs are accessible to and usable by persons with disabilities. Part 8 also prohibits recipients from employment discrimination based upon disability.
The Section 504 regulations define "recipient" as any State or its political subdivision, any instrumentality of a State or its political subdivision, any public or private agency, institution organization, or other entity or any person to which Federal financial assistance is extended for any program or activity directly or through anotherrecipient, including any successor, assignee, or transferee of a recipient, but excluding .tru; .ul1i.maJ.I:: beneficiary of the assistance (24 Cf R pB,3) For the purposes of Part 8, redpicols iocJude States and localities that are grantees and subgrantees under the CDBG program, their subrecipients, community-based development organizations, businesses, and any other entity that receives CDBG assistance, but not low and moderate income beneficiaries of the program. CDBG grantees are responsible for establishing policies and practices that they will use to monitor compliance of all covered programs, activities, or work performed by their subrecipients, contractors, subcontractors, management agents, etc.
Non-housing Programs
New Construction -- Part 8 requires that new non-housing facilities constructed by recipients of Federal financial assistance shall be designed and constructed to be readily accessible to and usable by persons with disabilities. (24 CFR §8.21 (a))
Alterations to facilities -- Part 8 requires to the maximum extent feasible, that recipients make alterations to existing non-housing facilities to ensure that such facilities are readily accessible to and usable by individuals with disabilities. An element of an existing non-housing facility need not be made accessible, if doing so, would impose undue financial and administrative burdens on the operation of the recipients program or activity. (24 CFR §8.21 (b))
Existing non-housing facilities• A recipient is obligated to operate each non-housing program or activity so that, when viewed in its entirety, the program or activity is readily accessible to and usable by persons with disabilities. (24 CFR §821 (c))
Recipients are not necessarily required to make each of their existing non-housing facilities accessible to and usable by persons with disabilities if when viewed in its entirety, the program or activity is readily accessible to and usable by persons with disabilities. 24 CFR §8.21 (c)( I) Recipients are also not required to take any action that they can demonstrate would result in a fundamental alteration in the nature of its program or activity or cause an undue administrative and financial burden. However, recipients are still required to take other actions that would not result in such alterations, but would nevertheless ensure that persons with disabilities receive the benefits and services of the program. (24 CFR §8.2 l(c)(iii)) Historic Preservation - Recipients are not required to take any actions that would result in a substantial impairment of significant historic features of an historic property, However, in such cases where a physical alteration is not required, the recipient is still obligated to use alternative means to achieve program accessibility, including using audio-visual materials and devices to depict those portions of
an historic property that cannot be made accessible, assigning persons to guide persons with disabilities into or through portions of historic properties that cannot be made accessible, or otherwise adopting other innovative methods so that individuals with disabilities can still benefit from the program. (24CFR §8.2 l(c)(2)(ii))
Accessibility Standards
Design, construction, or alteration offacilities in conformance with the Uniform Federal Accessibility Standards (UFAS) is deemed to comply with the acccssibili~ n,suirements for nonhousing facilities.
Recipients may depart from particular technical and scoping requirements ofUFAS where substantially equivalent or greater accessibility and usability is provided. (24 CFR §8.32) For copies of UFAS, contact the HUD Distribution Center at J-800-767-7468; deaf, hard of hearing, or speech-impaired persons may access this number via TIY by calling the Federal Information Relay Service at 1-800-877-8339.
Where a property is subject to more than one law or accessibility standard, it is necessary to comply with all applicable requirements. In some cases, it may be possible to do this by complying with the stricter requirement, however, it is also important to ensure that meeting the stricter requirement also meets both the scoping and technical requirements of overlapping laws or standards.
Employment
Section 504 also prohibits discrimination based upon disability in employment. See 24 CFR Part 8, SubpartB.
Section 504 Self Evaluations
The Section 504 regulations required recipients of Federal financial assistance to conduct a self.. evaluation of their policies and practices to determine if they were consistent with the law's requirements.
This self evaluation was to have been completed no later than July 11, 1989. Title II of the ADA imposed this requirement on all covered public entities. The ADA regulations required that ADA self evaluations be completed by January 26, 1993, although those public entities that had already performed a Section 504 self evaluation were only required to perform a self-evaluation on those policies and practices that had not been included in the Section 504 review.
The regulatory deadlines are long past. However, self-evaluation continues to be an excellent management tool for ensuring that a recipient's current policies and procedures comply with the requirements of Section 504 and the ADA.
Involving persons with disabilities in the self-evaluation process is very beneficial. This will assure the most meaningful result for both the recipient and for persons with disabilities who participate in the recipient's programs and activities. It is important to involve persons and/or organizations representing persons with disabilities, and agencies or other experts who work regularly with accessibility standards.
Page J of 7
Important steps in conducting a self-evaluation and implementing its results include the following:
• Evaluate current policies and practices and analyze them to determine if they adversely affect the full participation of individuals with disabilities in its programs, activities and services. Be mindful of the fact that a policy or practice may appear neutral on its face, but may have a discriminatory effect on individuals with disabilities. • Modify any policies and practices that are not or may not be in compliance with Section 504 or Title 11 and Title m nfthe ADA regulations (See24 CEB Part 8 :md.2!LCER 2atts35 ___ _ ___ _
36.)
• Take appropriate corrective steps to remedy those policies and practices which either are discriminatory or have a discriminatory effect. Develop policies and procedures by which persons with disabilities may request a modification of a physical barrier or a rule or practice that has the effect oflimiting or excluding a person with a disability from the benefits of the program.
• Document the self-evaluation process and activities. The Department recommends that all recipients keep the self-evaluation on file for at least three years, including records of the individuals and organizations consulted, areas examined and problems identified, and document modifications and remedial steps, as an aid to meeting the requirement at 24 CFR Part 8.55.
The Department also recommends that recipients periodically update the self-evaluation, particularly, for example, if there have been changes in the programs and services of the agency. In addition, public entities covered by Title II of the ADA should review any policies and practices that were not included in their Section 504 self-evaluation and should modify discriminatory policies and practices accordingly.
III. The Americans With Disabilities Act of 1990
The Americans With Disabilities Act of 1990 (ADA) guarantees equal opportunities for persons with disabilities in employment, public accommodations, transportation, State and local government services, and telecommunications. Unlike Section 504 which applies only to programs and activities receiving Federal financial assistance, the ADA applies even ifno Federal financial assistance is given.
The U.S. Department of Justice enforces Titles I, II, and Ill of the ADA, although the Equal Employment Opportunity Commission investigates administrative complaints involving Title I.
Title I prohibits discrimination in employment based upon disability. The regulations implementing Title I are found at 29 CFR Part 1630. The Equal Employment Opportunity Commission (EEOC) offers technical assistance on the ADA provisions applying to employment.
These can be obtained at the EEOC web site www.eeoc.gov, or by calling 800-669-3362 (voice) and 800- 800-3302 (TTY).
-----
Title II prohibits discrimination based on disability by State and local governments. Title II essentially extended the Section 504 requirements to services, programs, and activities provided by States, local governments and other entities that do not receive Federal financial assistance from HUD or another Federal agency. CDBG grantees are covered by both Title II and Section 504. The Department of Justice Title II regulations are found at 28 CFR Part 35.
Title II also requires that facilities that are newly constructed or altered, by, on behalf of, or for use of a _ ublic enti~, be desi ned and constructed in a manner that makes the facili readil accessible to and usabl.e by persons with disabilities. (28 CFR §35.151 (a) & (b)) Facilities constructed or altered in conformance with either UF AS or the ADA Accessibility Guidelines for Buildings and Facilities (ADAAG) (Appendix A to 28 CFR Part 36) shall be deemed to comply with the Title II Accessibility requirements, except that the elevator exemption contained at section 4.1.3(5) and section 4.1.6(1 )G) of ADAAG shall not apply. (28CFR §35.151 (c))
Title II specifically requires that all newly constructed or altered streets, roads, and highways and pedestrian walkways must contain curb ramps or other sloped areas at any intersection having curbs or other barriers to entry from a street level or pedestrian walkway and that all newly constructed or altered street level pedestrian walkways must have curb ramps at intersections . Newly constructed or altered street level pedestrian walkways must contain curb ramps or other sloped areas at intersections to streets, roads, or highways. (28CFR §35.151 (e))
The Title II regulations required that by January 26, 1993, public entities (State or local governments) conduct a self-evaluation to review their current policies and practices to identify and correct any requirements that were not consistent with the regulation. Public entities that employed more than 50 persons were required to maintain their self-evaluations on file and make it available for three years. lfa public entity had already completed a self-evaluation under Section 504 of the Rehabilitation Act, then the ADA only required it to do a self-evaluation of those policies and practices that were not included in the previous self-evaluation. (28 CFR §35. !05)
The Department of Justice offers technical assistance on Title II through its web page at www.usdoj.gov/crt/ada/taprog.htm, and through its ADA Information Line, at 202 514-0301 (voice and 202-514-0383 (TTY). The Department of Justice's technical assistance materials include among others, the Title II Technical Assistance Manual with Yearly Supplements, the ADA guide for Small .Towns, and an ADA Guide entitled The ADA and City Governments: Common Problems, Title III prohibits discrimination based upon disability in places of public accommodation (businesses and non-profit agencies that serve the public) and "commercial" facilities (other businesses). It applies regardless of whether the public accommodation or commercial facility is operated by a private or public entity, or by a for profit or not for profit business. The Department of Justice Title III regulations are found at 28 CFR Part 36. The Department of Justice also offers technical assistance concerning Title Ill through the web page cited above and the ADA Hotline cited above.
Page S of 7
Justice also offers technical assistance concerning Title Ill through the web page cited above and the ADA Hotline cited above.
IV. The Architectural Barriers Act of1968
The Architectural Barriers Act of I 968 (ABA) (42 U.S.C. 4 I 51-4157) requires that certain buildings financed with Federal funds must be designed, constructed, or altered in accordance with standards that ensure accessibility for persons with physical disabilities. The ABA covers any building or facility financed in whole or in part with Federal funds, exce t rivatel -owned residential structures. Covered huildin sand facilities desi ned constructed, or altered with CDBG funds are subJect to th·e ABA and must comply with the Uniform Federal Accessibility Standards (UFAS). (24 CFR 570.614) In practice, buildings built to meet the requirements of Section 504 and the ADA, will conform to the requirements of the ABA.
V. HUD Resources Available Concerning Section 504
Further information concerning compliance with Section 504 may be obtained through the HUD web page (http://www.hud.gov/fhe/504/sect504.btmO. Additional assistance and information may be obtained by contacting the local Department of Housing and Urban Development Office of Fair Housing and Equal Opportunity field office. Below is a list of the phone numbers for these offices.
CPD FHEO
Boston,MA 617 565-5345 617 565-5310
Hartfonl, CT 806 240-4800 x3059 860 240-4800
New\'ork, NY 212 264-0771 x3422 212 264-1290
Buffalo,NY 716 551-5755 x5800 716 551-575S
Newark,NJ 973 622-7900 x3300 973 622-7900
Philadelphia, PA 215 6S6-0624 x3201 215 656-0661
Pittsburgh, PA 412 644-2999 412 355-3167
Baltimore, MD 410 962-2520 x307l 410 962-2520
Richmond, VA 804 278-4503 x3229 804 278-4504
Washington, DC 202 275-0994 x3 163 202 275-0848
Atlanta, GA 404 331-5001 x2449 404 331-1798
Birmingham, AL 205 290-7630 x I 027 205 290-7630
South Florida 305 S36-4431 x2223 305 536-4479
Jacksonville, FL 904 232-1777 x2 I 36 904 23 2-1 777
San Juan, PR 787 766-5400 x2005 787 766-5400
Loui!lville, K\I 502 582-6163 x214 502 582-6163 x230
Jackson, MS 60 I 965-4 700 x3 140 601 965-4700 x2435
Knoxville, TN 865545-4391 xl21 865 545-4379
Greensboro, NC 336 547-4005 336 547-4050
Columbia, SC 803 765-S564 803 765-5936
Chicago, IL 312 353-1696 x2702 312 353-7776
Minneapolis, MN 612 370-3019 x2107 612370-318S
Page6 of 7
Detroit, Ml
Milwaukee, WI
Columbu11, OH
[ndlanapolis, IN
Little Rock, AK
Oklahoma City, OK
Kan1a11 City, KS
Omaha,NE
St, Louis, MO
New Orlean!1, LA
Fort Worth, TX
San Antonio, TX
Albuquerque, NM
Denver,CO
San Frandsco, CA
Los Angeles, CA
Honolulu, HI
Phoenix,AZ
Seattle, WA
Portland, OR
Manchester, NH
Anchorage, AK
Houston, TX
313 226-7908 x80SS
414 297-3214 x8100
614 469-5737 x8240
317 226-6303 x6790
501 324-6375
405 553-7569
913 551-5485
402 492-3181
JJ 4 539-6524
504 589-7212 x3047
817 978-5934 x595 l
210 4 75-6820 x2293
505 346-727] x7361
303 672-5414 xl326
415 436-6597
213 894-8000 x3300
808 522-8180 x264
602 379-4754
206 220-5150 x3606
503 326-7018
603 666-7640 x7633
907 271-3669
313 226-6280
414 297-3214
614 469-5737 x8170
317 226-7654
501 324-6296
405 553-7426
913 551-5834
402 492-3109
3 I 4 539-632'.Z
504 589-7219
817 978-5870
210 475-6885
sos 346-7327
303 672-5437
415 436-6569
213 894-8000 x3400
808 522-8180
602 379-6699 5261
206 220-5170
503 326-3349
713 313-2274
Page7 of7
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF MADERA, CALIFORNIA, APPROVING A 2022/23 COMMUNITY DEVELOPMENT BLOCK GRANT SUBRECIPIENT AGREEMENT FOR SERVICES ($35,400) WITH O.L.I.V.E. CHARITABLE ORGANIZATION
WHEREAS, the City Council has considered approval of the 2022/23 Community Development Block Grant Subrecipient Agreement with O.L.I.V.E. Charitable Foundation in the amount of $35,400 (“Agreement”); and
WHEREAS, a copy of the Agreement is attached hereto as Exhibit 1 and incorporated by reference.
NOW, THEREFORE, the City Council of the City of Madera finds, determines, resolves and orders as follows:
1. The recitals listed above are true and correct.
2. The Council approves the Agreement between the City and O.L.I.V.E. Charitable Organization.
3. This resolution is effective upon receipt of written confirmation from the U.S.
Department of Housing and Urban Development of the City of Madera 2022/23 Action Plan approval.
4. The Director of Financial Services is hereby authorized to take such action to implement the terms of the Resolution.
5. The City Clerk with concurrence from the City Attorney is authorized to make clerical and non-material corrections to this resolution and the Agreement.
6. This resolution is effective immediately upon adoption. *****
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COMMUNITY DEVELOPMENT BLOCK GRANT
SUBRECIPIENT AGREEMENT
BETWEEN THE CITY OF MADERA AND O.L.I.V.E. CHARITABLE ORGANIZATION This Community Development Block Grant Subrecipient Agreement (“Agreement”) is entered into, effective on the date of July 1, 2022, by and between the City of Madera (“City”) and O.L.I.V.E. CHARITABLE ORGANIZATION, hereafter referred to as "SUBRECIPIENT."
RECITALS
A. This Agreement sets forth the responsibilities of City and Subrecipient in accomplishing the objectives of the United States Department of Housing and Urban Development (HUD) Community Development Block Grant as set forth in the Housing and Community Development Act of 1974, (hereinafter referred to as “CDBG”), as amended.
B. The City has been designated as the sponsoring agency to administer and implement the program for the Community Development Block Grant (CDBG) activities of the CITY, and in accordance with the provisions of Title I of the Housing and Community Development Act of 1974, as amended, and the laws of the State of California.
C. Under the CDBG regulations the City may grant the CDBG funds to nonprofit organizations or public agencies for certain purposes.
D. City agrees to engage the services of Subrecipient, and Subrecipient agrees to perform the services for CITY hereinafter described, for the compensation, during the term, and otherwise subject to the covenants and conditions hereinafter set forth.
AGREEMENT
1. Services
The Subrecipient shall provide all services and responsibilities as set forth in the project design, which is attached to this Agreement, marked as EXHIBIT "B", and incorporated herein by reference.
2. Funding and Method of Payment
a. Compensation
Payments shall be made after receipt and verification of actual expenditures incurred by the Subrecipient in the performance of this Agreement and shall be documented to the City by the tenth (10th) day of the month following the end of each quarter. Allowable expenditures under this Agreement are specifically established, attached and incorporated by reference as EXHIBIT “A".
The total obligation of the City under this Agreement shall not exceed $35,400 in fiscal year 2022- 2023. Any compensation not consumed by expenditures of the SUBRECIPIENT by the expiration of this Agreement shall automatically revert to the CITY. b. Public Information
The Subrecipient shall disclose in all public information its funding source. c. Lobbying Activity
The Subrecipient shall not directly or indirectly use any of the funds provided under this Agreement for publicity, lobbying, or propaganda purposes designed to support or defeat legislation pending before the Congress of the United States or the Legislature of the State of California.
d. Political Activity
The Subrecipient shall not directly or indirectly use any of the funds under this Agreement for any political activity or to further the election or defeat of any candidate for public office.
3. Fiscal Compliance
The SUBRECIPIENT shall be subject to the same fiscal regulations imposed on CITY by the U. S. Department of Housing and Urban Development for the use of CDBG funds.
4. Program Income
SUBRECIPIENT shall report quarterly all program income as required under 24 CFR 570.503(b)(3) generated by activities carried out with CDBG funds made available under this Agreement. The use of program income by the SUBRECIPIENT shall comply with the requirements set forth at 24 CFR 570.504. By way of further limitations, the Subrecipient may use such income during the contract period for activities permitted under this Agreement and shall reduce requests for additional funds by the amount of any such program income balance on hand. All unexpended program income shall be returned to City at the end of the contract period. Any interest earned on cash advances from the U.S. Treasury and from funds held in a revolving fund account is not program income and shall be remitted promptly to City.
5. Compliance with Laws
If the SUBRECIPIENT receives CDBG funding under this Agreement, SUBRECIPIENT shall comply with all rules and regulations established pursuant to the Housing and Community Development Act of 1974 and its amendments and Uniform Administrative Requirements under 24 CFR 570.503(b)(4). The Subrecipient and any subcontractors shall comply with all applicable local, State and Federal regulations, including but not limited to those requirements listed in Community Development Block Grant certifications attached hereto and incorporated herein by reference as EXHIBIT “D”.
6. Administrative Requirements/Financial Management/Accounting Standards
Subrecipient agrees to comply with 24 CFR 84.21-28 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred.
7. Costs Principles
Subrecipient shall administer its program in conformance with OMB Uniform Guidance.
These principles shall be applied for all costs incurred whether charged on a direct or indirect basis.
8. Contract Administration
City shall retain the right to administer this Agreement to verify that Subrecipient is performing its obligations in accordance with the terms and conditions of this Agreement.
Subrecipient and City shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof.
9. Period of Performance (Term of Agreement)
The Subrecipient shall commence performance under this Agreement on July 21, 2022, and shall end its performance June 30, 2023, unless terminated sooner as provided for elsewhere in this Agreement. The Agreement may be extended by written modification of the parties.
10. Records
a. Record Establishment and Maintenance
Subrecipient shall establish and maintain records in accordance with those requirements prescribed by City, with respect to all matters covered by this Agreement. Subrecipient shall retain all fiscal books, account records, and client files for services performed under this Agreement for at least three (3) years from the date of the final payment under this Agreement or until all State and Federal audits are completed for that fiscal year, whichever is later. Pursuant to State and Federal law, it is the intent of the parties to this Agreement that the Subrecipient shall be reimbursed for actual costs incurred in the performance of this Agreement but that no profit is to accrue to the Subrecipient on account of such performance.
SUBRECIPIENT shall maintain all records required by the Federal regulations specified in 24 CFR 570.506 that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to:
1. Records providing a full description of each activity undertaken;
2. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program;
3. Records required to determine the eligibility of activities;
4. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance;
5. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program;
6. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21-28; and
7. Other records necessary to document compliance with 24 CFR 570.503(b)(5). b. Reports/Required Notifications
The Subrecipient shall submit reimbursement claims with substantiating invoices and timecards signed by both the employee and applicable Authorizing Official of the Subrecipient. Reports shall consist of the Quarterly Reporting Form. This form is contained in EXHIBIT “C” attached hereto and incorporated herein by reference.
The Subrecipient shall also furnish to the City such statements, records, reports, data, and information as the City may request pertaining to matters covered by this Agreement. In the event that the Subrecipient fails to provide such reports, it shall be deemed sufficient cause for the City to withhold payments until there is compliance. In addition, the Subrecipient shall provide written notification and explanation to the CITY within five (5) days of any funds received from another source to conduct the same services covered by this Agreement.
City shall notify Subrecipient in writing within thirty (30) days of any potential State or Federal exception discovered during an examination. Where findings indicate that program requirements are not being met and State and Federal participation in this program may be imperiled in the event that corrections are not accomplished by Subrecipient within thirty (30) days, written notification shall constitute City’s intent to terminate this Agreement.
Subrecipient shall report to City promptly and in written detail, each notice of claim of copyright infringement received by Subrecipient with respect to all subject data delivered under this Agreement. Subrecipient shall not affix any restrictive markings upon any data. If markings are affixed, City shall have the right at any time to modify, remove, obliterate, or ignore such markings. c. CDBG Reporting Requirements
The City will inform Subrecipient in writing if CDBG funds are provided under this Agreement, which require Subrecipient to submit an application or to complete a record as an integral part of receiving these funds.
Subrecipient shall submit with each quarterly invoice copies of paid invoices/receipts, copies of cash receipts or checks used to pay each invoice submitted, copies of timecards and related pay stubs for reimbursement.
11. Assignment
Subrecipient may not assign or transfer their obligation of this Agreement or any rights hereunder without the prior written consent of the other party.
12. Subcontracts
If the Subrecipient should propose to subcontract with one or more third parties to carry out a portion of those services described in EXHIBIT "B" insofar as it deems proper or efficient, any such subcontract shall be in writing and approved by the CITY prior to execution and implementation. Any such subcontract, together with all other activities performed, or caused by the Subrecipient, shall not allow compensation greater than the total project budget contained in EXHIBIT "A." An executed copy of any such subcontract shall be submitted to the City before any implementation and shall be retained by the City.
The Subrecipient shall be responsible to the City for the proper performance of any subcontract. Any subcontractor shall be subject to all of the same terms and conditions that the Subrecipient is subject to under this Agreement. No officer or director of the Subrecipient shall have any direct monetary interest in any subcontract made by the Subrecipient. A direct monetary interest contrary to this paragraph shall be deemed to exist, if an officer or director of the Subrecipient is also an owner, officer, or director of a corporation, association, or partnership subcontracting with the Subrecipient.
In addition, if the Subrecipient receives CDBG funds under this Agreement, the subcontractor shall be subject to CDBG federal regulations, including those listed in EXHIBIT "D".
13. Conflict of Interest
No officer, employee, or agent of the City who exercises any function or responsibility for planning and carrying out of the services provided under this Agreement shall have any direct or indirect personal financial interest in this Agreement. The Subrecipient shall comply with the provisions of 24 CFR 570.611 with respect to conflicts of interest and covenants hat it presently has no financial interest, direct or indirect, which would conflict in any manger or degree with the performance of this Agreement. The Subrecipient further covenants that in the performance of this Agreement, no person having such a financial interest shall be employed or retained by Subrecipient.
14. Discrimination
a. Eligibility for Services
The Subrecipient shall prepare and make available to the CITY and to the public all eligibility requirements to participate in the program plan set forth in EXHIBIT "B." No person shall, on the grounds of race, color, national origin, sex, religion, age, or disability status, be excluded from participation in, and denied the benefits of, or be subjected to discrimination with respect to the services funded under this Agreement.
The Subrecipient’s services shall be accessible to the physically disabled, and the services of a translator, signer or assistive listening device shall be made available. Subrecipient, in its marketing materials, shall specify assistance to access its services is available for deaf and hardof-hearing persons by calling 711 or 1-800-735-2929 and, for voice users, 1-866-735-2922 for TTY Relay Services. Subrecipient shall comply with requirements set forth in EXHIBIT E, Accessibility for Persons with Disabilities to Non-Housing Programs funded by Community Development Block Grant Funds – Section 504 of the Rehabilitation Act of 1973, the Americans With Disabilities Act, and the Architectural Barriers Act.
b. Employment Opportunity
The Subrecipient shall comply with the CITY policy, the Community Development Block Grant regulations, and the Equal Employment Commission guidelines, which forbids discrimination against any person on the grounds of race, color, national origin, sex, religion, age, familial status, disability status, or any other status protected by law in employment practices.
Such practices include retirement, recruitment advertising, hiring, layoff, termination, upgrading, demotion, transfer, rates of pay or other forms of compensation, use of facilities, and other terms and conditions of employment.
c. Suspension of Compensation
If an allegation of discrimination occurs, the City shall withhold all further funds until the Subrecipient can show by clear and convincing evidence to the satisfaction of the City that funds provided under this Agreement were not used in connection with the alleged discrimination. d. Nepotism
Except by written consent of the City, no person shall be employed by the Subrecipient who is related by blood or marriage or who is a member of the Board of Directors or an officer of the Subrecipient. In the event HUD determines a CDBG-funded Subrecipient’s organization/agency operations violate federal rules and regulations with regard to nepotism and/or conducts business and a conflict of interest issue arises, then Subrecipient shall accept all responsibility to return any CDBG funds received from City.
15. Termination
a. This Agreement may be immediately terminated by City for cause where in the determination of City, any of the following conditions exist: (1) an illegal or improper use of funds, (2) failure to comply with any terms of this Agreement, (3) a materially incorrect or incomplete report, (4) an improper performance of services.
b. Any one of or combination of the above conditions will constitute grounds for suspension or termination of the Agreement. In no event shall any payment by the City hereunder constitute a waiver by the City of any breach of this Agreement or any default which may then exist on the part of the Subrecipient, nor shall such payment impair or prejudice any remedy available to the City with respect to the breach of default. When there is a breach of this Agreement, as defined by this section, the City may, in its sole discretion, immediately suspend or terminate this Agreement.
c. City shall have the option to terminate this Agreement without obligation of City to reimburse Subrecipient from the date the Federal or State Government withholds or fails to disburse funds to City. In the event such government withholds or fails to disburse funds, City shall give Subrecipient notice of such funding limitation or termination within a reasonable time after City receives notice of same.
d. Upon thirty (30) days written notice to the other party, either party may terminate this Agreement without cause. Notice shall be deemed served upon mailing.
16. Amendments
Adjustment of any line item within the total approved budget contained in EXHIBIT “A” or changes in the nature or scope of the program plan set forth in EXHIBIT “B” may be approved in writing by the City Manager, or his designee.
17. Administration
The City of Madera Grants Administration Department shall administer this Agreement.
18. Evaluation
The City shall monitor and evaluate the performance of the Subrecipient under this Agreement to determine to the best possible degree the success or failure of the services provided under this Agreement and the adequacy of the program plan contained in EXHIBIT "B." The Subrecipient shall participate in evaluation of the program.
Subrecipient shall cooperate fully with City, State and Federal agencies, which shall have the right to monitor and audit all work performed under this Agreement.
Subrecipient shall also agree to on-site monitoring and personal interviews of participants, Subrecipient’s staff, and employees by appropriate City staff on at least a quarterly basis.
19. Governing Law
Any controversy or claim arising out of or relating to this Agreement which cannot be amicably settled without court action shall be litigated only in Madera, California. The rights and obligations of the parties and all interpretations and performance of this Agreement shall be governed in all respects by the laws of the State of California.
20. Reversion of Assets
The Subrecipient must obtain prior written approval from the City whenever there is any modification or change in the use of any property acquired or improved, in whole or in part, using CDBG funds. If any real or personal property acquired or improved with CDBG funds is sold and/or is utilized by the Subrecipient for a use which does not qualify under the CDBG program, the Subrecipient shall reimburse the City in an amount equal to the current fair market value of the property, less any portion thereof attributable to expenditures of non-CDBG funds. These requirements shall continue in effect for the life of the property. In the event the CDBG program is closed-out, the requirements of this Section shall remain in effect for activities or property funded with CDBG funds, unless action is taken by the Federal government to relieve the City of these obligations.
21. Breach of Agreement
In the event the SUBRECIPIENT fails to comply with any of the terms of this Agreement, the CITY may, at its option, deem the SUBRECIPIENT’s failure as a material breach of this Agreement and utilize any of the remedies set forth in 24 CFR 85.43 or that it deems appropriate.
Should the CITY deem a breach of this Agreement material, the CITY shall immediately be relieved of its obligations to make further payment as provided herein. In addition to the Agreement being terminated by the CITY in accord with a material breach of this Agreement by the SUBRECIPIENT, this Agreement may also be terminated for convenience by the CITY in accord with 24 CFR 85.44.
22. No Third-Party Beneficiaries
This Agreement is not intended to create and does not create any rights in or benefits to any third party, nor will it be deemed to confer rights or remedies upon any person or legal entity not a party to this Agreement.
23. Indemnification
Subrecipient shall indemnify, defend, and hold harmless the City, and its officers, employees, and agents (“City indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Subrecipient’s performance of its obligations under this agreement or out of the operations conducted by Subrecipient, including the City’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Subrecipient’s performance of this agreement, the Subrecipient shall provide a defense to the City indemnitees, or at the City’s option, reimburse the City indemniteestheir costs of defense, including reasonable legal counsels’ fees, incurred in defense of such claims.
24. Independent Contractor
Subrecipient and its subcontractors shall perform this Agreement as independent contractors and not as officers, employees, agents or volunteers of City. Nothing contained in this Agreement shall be deemed to create any contractual relationship between City and Subrecipient’s employees or subcontractors, nor shall anything contained in this Agreement be deemed to give any third party, including but not limited to Subrecipient’s employees or subcontractors, any claim or right of action against City.
25. Insurance Requirements for Subrecipients
Without limiting Subrecipient’s indemnification of City, and prior to commencement of Work, Subrecipient shall obtain, provide, and continuously maintain at its own expense during the term of the Agreement, and shall require any and all Subcontractors and Subconsultants of every Tier to obtain and maintain, policies of insurance of the type and amounts described below and in form satisfactory to the City.
Minimum Scope and Limits of Insurance
Subrecipient shall maintain limits no less than:
$500,000 General Liability (including operations, products and completed operations) per occurrence, $1,000,000 general aggregate, for bodily injury, personal injury and property damage, including without limitation, blanket contractual liability. Coverage shall be at least as broad as Insurance Services Office (ISO) Commercial General Liability coverage form CG 00 01.
$500,000 Automobile Liability combined single limit per accident for bodily injury or property damage at least as broad as ISO Form CA 00 01 for all activities of Subrecipient arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles. This provision shall not apply if Subrecipient’s activities do not include driving in the performance of the proposed scope of work.
Worker’s Compensation as required by the State of California and $500,000 Employer’s Liability per accident for bodily injury or disease.
Maintenance of Coverage
Subrecipient shall procure and maintain, 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 hereunder by Subrecipient, its agents, representatives, employees, subcontractors or subconsultants as specified in this Agreement.
Proof of Insurance
Subrecipient shall provide to the City certificates of insurance, as required, as evidence of the insurance coverage required herein. Insurance certificates must be approved by the City prior to commencement of performance. Current evidence of insurance shall be kept on file with the City at all times during the term of this Agreement. Agency reserves the right to require complete, certified copies of all required insurance policies, at any time.
Acceptable Insurers
All insurance policies shall be issued by an insurance company currently authorized by the Insurance commissioner to transact business of insurance in the State of California, with an assigned policyholders’ Rating of A- (or higher) and a Financial Size Category Class VII (or larger), in accordance with the latest edition of Best’s Key Rating Guide.
Enforcement of Contract Provisions (non estoppel)
Subrecipient acknowledges and agrees that any actual or alleged failure on the part of the City to inform Subrecipient of non-compliance with any requirement imposes no additional obligations on the City, nor does it waive any rights hereunder.
Specifications not Limiting
Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If Subrecipient maintains higher limits than the minimums required above, the entity shall be entitled to coverage at the higher limits maintained by Subrecipient.
Notice of Cancellation
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Subrecipient agrees to oblige its insurance agent or broker and insurers to provide to the City with thirty (30) calendar days’ notice of cancellation (except for nonpayment for which ten (10) calendar days’ notice is required) or nonrenewal of coverage for each required coverage.
Self-insured Retentions
Any self-insured retentions must be declared to and approved by the City. The City reserves the right to require that self-insured retentions be eliminated, lowered or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by the City’s Risk Manager.
Timely Notice of Claims
Subrecipient shall give the City prompt and timely notice of claims made or suits instituted that arise out of or result from Subrecipient’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
Additional Insurance
Subrecipient shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgement may be necessary for its proper protection and prosecution of the Work.
26. Violation of Federal Rules and Regulations
In the event HUD determines a CDBG-funded Subrecipient has violated Federal rules and regulations and HUD requires repayment of CDBG funds, then Subrecipient shall repay any CDBG funds within 90 days of a written request from CITY.
27. General Provisions
a. Entire Agreement
This Agreement constitutes the entire agreement between Subrecipient and City with respect to the subject matter hereof and supersedes all previous negotiations, proposals, commitments, writings, advertisements, publications and understandings of any nature whatsoever unless expressly included in this Agreement. b. Notice.
Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid first-class mail:
To the City:
City of Madera – Grants Department
205 W. 4th St.
Madera, CA 93637
To the Subrecipient:
O.L.I.V.E. CHARITABLE ORGANIZATION
1625 Howard RD #170
Madera, CA 93637
at his/her address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
c. Interpretation
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. d. Severability
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement that are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. e. Execution in Counterparts
This Agreement may be executed in counterparts such that the signatures may appear on separate signature pages. A copy or an original, with all signatures appended together, shall be deemed a fully executed Agreement.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective officers thereunto duly authorized as set forth below.
CITY OF MADERA: O.L.I.V.E. CHARITABLE ORGANIZATION:
By: ___________________________________ By: ______________________________ Santos Garcia, Mayor O.L.I.V.E. Charitable Organization Date: __________________________________ Date: ______________________________ ATTEST: APPROVED AS TO LEGAL FORM:
By: ___________________________________ By: _________________________________ Alicia Gonzales, City Clerk Hilda Cantú Montoy, City Attorney Date: __________________________________ Date: _______________________________ Exhibit A
FY 2022-2023 Budget
O.L.I.V.E. CHARITABLE ORGANIZATION
O.L.I.V.E. Charitable Organization
Budget Line Item Madera
Personnel Lines needed:
Benefits
Taxes
Subtotal Personnel $0.00
Non-Personnel
Move-In Assistance
Supplies & Materials
Equipment
Communications
Meetings & Convenings
Travel & Transportation $2,000.00
Training
Consulting $6,000
Evaluation
Other Lines needed: 3
Rent for Safe House in Madera $15,000
Food/Clothing for Tenants $6,800.00
Utilities for Safe House $5,600
Subtotal Non-Personnel $35,400.00
Total Personnel & Non-Personnel $35,400.00
Indirect Costs
TOTAL $35,400.00
Number of Persons Served: 19
Cost per Individual $1,863
7/7/22, 3:42 PM City Data Services - Madera
https://www.citydataservices.net/cities/maderca/app2022arc.pl?rpt=A238&prop=14&status=20 1/15 Choose Font: 20
CDBG 2022/2023 GRANT APPLICATION
PUBLIC SERVICES, CAPITAL PROJECTS, & PUBLIC IMPROVEMENTS Exhibit B – Project/Program Summary
Application Type Public Service
Legal Name of
Organization: O.L.I.V.E. Charitable Organization
Name of Project: The Bennett House
Street Address/Service
Area of Project: 1625 HOWARD RD. #170
City: MADERA Zip: 93637
Amount Requested for
this Project: $37,400
Amount of Leveraged
Funds Available for this
Project:
$0
Mailing Address: Madera, CA 93637
City: Madera Zip: CA
Grant Administrator : April
Molina Title: Operations Director
Phone: 5597068455 Email:
[email protected]
SAM Number: 080412573 System for Award
Management (Formerly, CCR) Number
UEI Number: Federal EIN/TIN Number:
84-2806845
Program/Project
Administrator: April Molina Title: Operations Director
Phone: 5597068455 Email:
[email protected]
Type of Entity/Organizational Structure Non-Profit
Brief Project Description(50 Words Max):Olive partners
with local law enforcement and other agencies to identify, rescue and rehabilitate victims of sex trafficking.
CDBG PUBLIC SERVICES APPLICATION
1. SUMMARY OF COMMUNITY NEED OR PROBLEM TO BE
ADDRESSED:(Describe the community need or problem to
be addressed by the proposed program. State how and by
V
7/7/22, 3:42 PM City Data Services - Madera
https://www.citydataservices.net/cities/maderca/app2022arc.pl?rpt=A238&prop=14&status=202/15 whomtheneedwasidentified. Citeyoursources(e.g., U.S. 20XX Census Data Table X.) Lt. Daniel Foss of Madera Police Department noticed a gap in resources for women who are trapped in the illegal sale of commercial sex. It has been documented by law enforcement agencies and non-profits for about 10 years that commercial sex is mostly the crime of sex trafficking. Sex trafficking means there is a person selling another person to a third person for commercial sex. This crime has only been identified through law enforcement agencies for approximately10years. Thisindustrywentonbeing
misunderstoodfordecades. Ourresourcesforthis
informationcomedirectlyfromlocal agencieslike, Central
ValleyJusticeCoalition, FresnoEOC, Madera Police
Department, aswell asnationwide agencieslikePolaris, Federal Bureau of Investigation, and Thorn. Thorn has developed technology that is used by law enforcement to track the online sales of victims. Having direct ties with la w
enforcementgivesusanedgeonthisimportanttechnology. Currently, when we log onto Thorn’s website, we can pull up over 20,000 ads for illegal sale of commercial sex. Not all of those are in Madera, however, we have estimated that on anygivenday, about250-300 areinMadera.Thereisa
greatneedforsupportiveservicesofvictimsofsex
traffickinginthis area.WithMadera beingsocloseto
Fresno, wehavevictimsthatcrosscountylines allthetime. 2. EXISTING SERVICES: List other agencies currently addressingtheneedorproblemdescribed above. OLIVE Charitable Organization is currently the on ly agency
thatoffersspecializedhousing, counseling, andcase
managementforvictimsofhumansextraffickinginMadera
City/County. 3. Explain ho
wyourprogramsupplementsorcomplements
existingserviceswithoutduplicatingthem. Our program works in partnership with oth er agencies as
theneedsoftheclientbecomeclear. When a personenters
ourprogramorsafehouse, they areconnectedto allthe
necessaryservicestheyneed. Wewalkthemthroughthe
paperwork, providetransportationto andfrom
appointments, andconnectthemwith any and allservices
7/7/22, 3:42 PM City Data Services - Madera
https://www.citydataservices.net/cities/maderca/app2022arc.pl?rpt=A238&prop=14&status=20 3/15 available. We have helped with medi-cal, social security, ID cards, parenting classes, applying for county workforce, etc.
Those who are referred to our agency, enter the Elevate Academy through Rebecca Bender’s non-profit organization that specializes in education for victims of sex trafficking, as well as trauma counseling that specifically targets victims of sex trafficking. If there is a service that is necessary for rehabilitation but unavailable in Madera City/County, we seek it out in other counties. Our goal is to provide all the available opportunities for empowerment and success.
4. Describe the method used to measure the effectiveness (outcomes) of services. Identify measurable goals and
objectives. Attach a copy of the program's evaluation
documentation.
OLIVE measures effectiveness through daily interaction and personal growth of the clientele. We compare their
behavior from our first interaction to each day they are in our safe house. How are they responding to outside stimuli? Are they less afraid? Are their drug tests reflecting
progress? Are we receiving positive reports from
counselors? Is the individual seeking outside education or employment? All these questions are answered on a daily level.
5. Mark the box below that indicates the national objective met:
Activities Benefiting Low and Moderate-Income Persons. 570.208(a) LMA-Area Benefit. 570.208(a)(1) Area-wide activities benefit ALL residents in a particular area, where at least of the people are low and moderate-income. The service area of the project must be specifically identified. If this objective is selected, upload a service area map that includes all Census Tracts and Block Groups served by your project and a calculation of the low/mod-income percentage. Click Here to verify Census Tracts and Block Groups for CDBG LMA Service Area Map
LMC-Limited Clientele. 570.208(a)(2).
Limited Clientele. 570.208(a)(2)(i) Activities benefit low and moderate-income (LMI) persons without regard to the area being served. At least of the persons participating in the activity must be low and moderate-income. Indicate how your
organization verifies income eligibility of clients.
Presumed Benefit. 570.208(a)(2)(i)(A) Clients served are primarily 0 7/7/22, 3:42 PM City Data Services - Madera
https://www.citydataservices.net/cities/maderca/app2022arc.pl?rpt=A238&prop=14&status=20 4/15 and specifically from one of the following groups:
Abused children
Battered spouse
Ederly persons (62 years of age or older)
Illiterate persons
Migrant farm workers
Handicapped individuals
Homeless persons
Persons with AIDS
Client Document Review. 570.208(a)(2)(i)(b) Clients provide tax documents, pay stubs, etc., to verify income. Upload sample worksheet.
Income Certification. 570.208(a)(2)(i)(C) Clients independently "income-certify" on a form provided by the Grantee. This is primarily used for group meetings and not a preferred
method. Upload a blank "intake" form.
Limited Clientele. 570.208(a)(2)(ii) An activity that serves to remove material or architectural barriers to the mobility or accessibility of elderly persons or of adults meetig the definition of "severely disabled."
Limited Clientele. 570.208(a)(2)(iii) Microenterprise assistance activity to benefit new and existing microenterprises (five or fewer employees, including owner who is a low-mod person).
Limited Clientele. 570.208(a)(2)(iv) A job training and placement and/or other employment support services activity, including, but not limited to peer support programs, counseling, child care, transporation and other similar services, in which the
percentage of low- and moderate-income persons assisted is less than under limited circumstances under 24 CFR 570.208(a)(2)(iv), (a) and (b).
LMH-Housing Activities. 570.208(a)(3) An activity carried out for the purpose of providing or improving permanent residential structures, which, upon completion, will be occupied by low and moderate-income households.
LMJ-Jobs Activities. 570.208(a)(4) An activity designed to create or retain permanent jobs where at least of which, computed on a fulltime equivalent (FTE) basis, involve the employment of low and moderate-income persons.
Slum and Blight. 570.208(b) Activities that aid in the prevention or elimination of slums or blight.
For addressing Slum or Blight on an area basis, please Click Here for the regulations and criteria.
Urgent Need. 570.208(c) Community development activities having an 0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 @
0 7/7/22, 3:42 PM City Data Services - Madera
https://www.citydataservices.net/cities/maderca/app2022arc.pl?rpt=A238&prop=14&status=205/15 urgentneed. Thisobjectiverarely applies andisreservedfor alleviatingemergencysituationssuch asnaturaldisasters. 6. Which measurable objectives does your program meet? The measurable objective that Olive meets falls under LOW/MOD: “Area Benefit, Limited Clientele, and Housing.” Through the services offered by Olive, all these criteria are met. Area Benefit: Our outreach is specific to street level prostitution. This issue is growing and is usually met with hostility from community members. It is also unsafe for many low-income women and young girls in our community as they are direct targets of traffickers. Sex trafficking touches the lowest level of income the most often. Prevention and assistance to high-risk individuals andvictimsofsextraffickingreducescrimeinmost areasof
thecity, aswell ashelpstoeliminatepoverty. Limited
Clientele: AlltheclienteleofOlivefallintothelow/mod
category. Olivelimitsitsservicestoonlyvictimsofsex
trafficking. Thevictimshavenoincomeoftheirown, no
housingoptions, nostable jobs, andnowaytoprovidefor
themselves. Allourclientelehasexperiencedsevere abuse
andtrauma.AlltheclienteleofOlive arehomelesswhen
firstcontactismade. Housing: Oliveprovides a “safehouse” specificallydesignatedforvictimsofsextrafficking. Our
shelterprovidesmuchneededsafetyfromviolence and
threatsofviolencebytraffickers. Thishouseismeanttobe
temporary, butlongenoughtogetourclienteleproper
trauma counselingforbehavioralhealthissues, obtaining
properidentification, reunificationwithfamily, referralsto rehabilitationprograms, connectingtohealthscreenings,
allowingtimeforhousingthroughstate andlocalprograms,
andprovideworkforce/school assistance. Alltheseservices arefree allofchargeforclientele. 7. How will your program meet it sgoalsinoneyear?
Olive’sgoals aresimple, helpvictimsmaintaintheirown
personalgoals. Oliveworkswithvictimstosettheirown
goals. Oncetheneedsofeachclientbecomesclear, wehelp
victimsprioritizethemostimmediateneedtotheonesthat
canhappenlater. Oncepriorityisestablished, our job
becomes assistance and accountability. Ourclientsdothe
workthemselves. Thisbuildsempowermentwithinthe
7/7/22, 3:42 PM City Data Services - Madera
https://www.citydataservices.net/cities/maderca/app2022arc.pl?rpt=A238&prop=14&status=206/15 person and a senseofvalue andpride. Oncethatis
established, thegoalsbecome accessibleinthemindofthe
client. 8. What
financialresources, otherthanCity areavailablefor
thisprogram?Have applicationsforotherfundsbeen
submitted?Explain. IffundsotherthanCDBG areproposed, please provide supporting documentation/letters of commitment. Olive has applied for funding through Community Corrections Partnership Madera County for wages for two employees. The grant monies are tied to AB-109 Public Safety Realignment Act of 2011. Olive fits the profile for this money because we handle a population that is both criminal and victim related. Although we assist “victims” of sex trafficking, often this is translated into the crime of prostitution in the current justice system. The majority of our clients are either on probation or have been charged/convicted of the non-violent crimes of drugs or prostitution. This funding from CCP was approved May 26th, 2021 and ends on December 31st, 2022. We will be requesting more funding for the following year at their next meeting in June. We also host an annual fundraiser. The donations from the community go to the direct needs of the victim and are used to fill the gaps of grant monies. The funding we are asking from CDBG will be for housing and transportation. No wages will be used from the CDBG funding source. 9. Describe in detail all proposed plans for fund raising for this program. What is the projected net income from fund raising? If net fund raising is not increasing, please explain (be specific). Olive hosts an annual dinner/auction fundraiser every spring. This year, our fundraiser netted approximately $43,000.00. Our plan is to host another smaller fundraiser this summer in the form of a 'drive thru' dinner. The goal for that fundraiser is to net $5,000.00. Our fundraising efforts are raising more money each year. As the community becomes more aware of the struggles that human trafficking survivors suffer with, the more support we receive. We also plan on hosting a 5k race in Madera to 7/7/22, 3:42 PM City Data Services - Madera
https://www.citydataservices.net/cities/maderca/app2022arc.pl?rpt=A238&prop=14&status=20 7/15 hopefully bring in more support and provide more
awareness to our community. We have also been in contact with a person who organizes 'pop-up' events. She would
like to spread the word about us that way as well.
Pre-covid, our fundraisers brought in about $15-20,000.00 annually. Due to the opening of our safe house locations, community members have doubled their giving. As more
community members become aware of trafficking in our
city, we anticipate the number of donors and donations to increase in the coming years.
10. What was done to receive public input/participation? Please provide details. What did the public
input/participation identify? Include documentation of
support for the proposal such as meeting minutes, letters and petitions.
Olive continues to have a great relationship with
community members. Our ongoing relationships with
Soroptomist, Rotary, Lions and other agencies are
important to us. We have several volunteers that are heavily involved with our organization as well. If it were not for the generosity of our community, we would cease to exit. Our annual dinner/auction sold out for the first time this year. We have reached out to our partners via email and have attached letters of support. We receive multiple referrals to our agency from agencies outside out own county.
11. If service is offered outside the Madera city limits, include the list of funding sources and supporting
documentation/letters of commitment that support these
program services.
It is not always a viable option to keep sex trafficked victims in the county they were found in. Because of this, Olive rents a safe house in Fresno. This location is supported by the donations that have been received through fundraising.
12. When there is an overflow of clients, how is it
determined whom to serve?
Olive is a 'first come, first serve' agency. In the case of overflow of clients, we have partnered with other agencies outside of Madera that we refer them to. We have spent the 7/7/22, 3:42 PM City Data Services - Madera
https://www.citydataservices.net/cities/maderca/app2022arc.pl?rpt=A238&prop=14&status=20 8/15 last 4 years building a network of agencies between Fresno, Merced, and Modesto. Olive has grown at a rapid rate, so we had to have alternative solutions so we do not leave anyone without services.
13. Discuss your program’s/project’s successes.
The success of Olive depends on the success of the survivor.
Although Olive won Non-Profit of the Year for 2021, our success is really in our first safe house tenant. This young lady came into our newly renovated building last year in February and has excelled. She has finished her rehab
program and parenting classes. She started her first job and has even applied for Fresno City College to become a drug counselor. She continues in therapy and is currently
working through the court system on pending charges. We currently have a survivor of exploitation living in our safe house who has severe physical illness. We are working with her through the healthcare system to save her life. Safety and a stable environment are a top priority when dealing with health issues. The fact that she doesn't have to stress about where she is going to stay is a success. We also have a brand new survivor who has only been with us a short time.
Since she's been with us, she's set personal goals. Some are short term goals, others are longer term goals. The final survivor that resides in our house is set to testify against her abuser. She's working on getting her first job in over 20 years and she's studying to take the GED exam.
Olive has also provided a safe place for many young women in our community this past year while waiting to go into inpatient programs. There's a statistic from District
Attorney's nationwide that states, every third day a woman is on the streets, she is sexually assaulted significantly. If we can keep the trauma from getting worse, then we have
succeeded.
14. Discuss your program’s/project’s past performance
(2015 to 2020).
Olive has seen exponential growth in the last 6 ½ years.
Olive has gone from one Lieutenant volunteering his time helping one or two victims, to a team of staff and several volunteers helping multiple victims. Over the last four 7/7/22, 3:42 PM City Data Services - Madera
https://www.citydataservices.net/cities/maderca/app2022arc.pl?rpt=A238&prop=14&status=209/15 years, Olivehasgonefrom1clientto assistingover20
clients at a time. Olivehasspentthelast5yearsexpanding
partnershipswithotherlocallawenforcement andhuman
trafficking agencies andhavesignificantlyexpandedour
services. Olivehas alsomadegreatprogressinthelastfew
yearswithreachingoutto area agencies andbuilding
partnershipswithcommunityserviceclubs, businesses,
andothernon-profits. Wenowoffertransportation
services, housingoptions, trauma counseling, helpwith
obtainingproperidentification, and assistancewith
connectingtoproperresources. We also assistwith
navigating allavailableoptionsthroughthestateof
California andbeyond. Wehave a successrateof about
85%, however, we arestillincontactwiththe15%thatdid
notwantourservices. Inthepasttwoyears, wehavenot
hadtodo anystreetoutreachourselves. Wehavehad
different agenciesreachouttousinstead. Those agencies
consistofbut arenotlimitedtoFresnoProbation, California StateParole, CAPMC, CentralValleyJusticeCoalition, Central Valley Against Human Trafficking, World Impac t, Madera Police Department, Madera County Sheriff’s Offi ce, Madera County Behavioral Health, Breaking the Chains, Haven of Modesto and many others. The number of identifiable victims of human trafficking will only increase in years to come. It is imperative that our growth includes other agencies. The larger our network gets, the more success we can have at recognizing and providing needed services. 15. Discuss how your program/project shall document that it provides either a new service or a quantifiable increase in the level of service. Olive is the only recorded agency in all of Madera County that directly targets the population of sex trafficked victims. As other agencies have a variety of services, Olive has one. Our focus will remain on street level prostitution and sexual exploitation. Documentation is in our assessment form. We askverydirectquestionsduringthe assessmentprocessto
besurethey arevictimsofhumansextraffickingor
exploitation. Oncethatisidentifiedthroughour assessment process, wemoveforwardwithservices. Ifitisfoundthat
thisisnotthecase, wereferto an agencythatbetterfitsthe
individualsneeds.
7/7/22, 3:42 PM City Data Services - Madera
https://www.citydataservices.net/cities/maderca/app2022arc.pl?rpt=A238&prop=14&status=20 10/15
CLIENT POPULATION
1. Indicate the total number of potential clients in
the community who require your services. 250
2. Indicate the Total number of Unduplicated
Clients you intend to serve during the term of this
proposed program/service (12 months).
19 3. If this program was funded last year, has there
been a change in the composition of the target
population to be served and/or shift in the
geographic target area?
Yes
No
4. Are income criteria used to establish eligibility for services? (If yes, attach a copy of the documentation
to establish income eligibility by household size and
household gross annual income. Acceptable forms of
documentation include two years of tax documents,
six months of paycheck stubs, six months of
checking and savings statements, retirement
accounts, 401(b)(3) or 401K plans, etc.
Yes
No
5. Is a fee schedule used?
(If yes, attach a copy of the fee schedule.)
Yes
No
Please explain your answer to #3 above. Limit your
response to the space below
AGE
0-5
6-12
13-17
18-34 10
35-54 6
55-59 3
60-64
65+
Total 19
GENDER
Female 19
Male
Total 19
Female-Headed
Households 3
Ethnic Categories* Clients
Hispanic or Latino 8
Not-Hispanic or Latino 11
Total 19
Racial Categories* Clients
0 @
0 @
0 @
7/7/22, 3:42 PM City Data Services - Madera
https://www.citydataservices.net/cities/maderca/app2022arc.pl?rpt=A238&prop=14&status=2011/15 AmericanIndianor
Alaska Native
1 Asian2
BlackorAfrican
American
10 NativeHawaiianorOther
PacificIslander
0 White4
Other2
Total19
*Publicreportingburdenforthiscollectionisestimatedto
average10minutesperresponse, includingthetimefor
reviewinginstructions, searchingexistingdata sources, gathering and maintaining the data needed, and comple ting
andreviewingthecollectionofinformation. This
informationis authorizedbytheU.S. HousingActof1937 as
amended, theHousing andUrbanRuralRecoveryActof
1983 andHousing andCommunityDevelopmentTechnical
Amendmentsof1984. Thisinformationisneededtobein
compliancewithOMB-mandatedchangestoEthnicity and
Racecategoriesforrecordingthe50059Data Requirements
toHUD. Thisinformationisconsiderednon-sensitive and
doesnotrequire anyspecialprotection. • Hispanic or Latino. A person of Cuban, M exican, Puerto
Rican, SouthorCentralAmerican, orotherSpanishculture
ororigin, regardlessofrace. Theterm“Spanishorigin”can
beusedin additionto"Hispanic"or"Latino."
•NotHispanicorLatino. ApersonnotofCuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. • American Indian or Alaska Native. A person having origin s
in anyoftheoriginalpeoplesofNorth andSouthAmerica
(includingCentralAmerica), andwhomaintainstribal
affiliationorcommunity attachment. • Asian. A person having origins in an yoftheoriginal
peoplesoftheFarEast, SoutheastAsia,ortheIndian
subcontinentincluding, forexample, Cambodia,China,
India,Japan, Korea,Malaysia,Pakistan, thePhilippine
Islands, Thailand andVietnam. • Black or African American. A personhavingoriginsin any
oftheblackracialgroupsofAfrica.Termssuch as“Haitian”
7/7/22, 3:42 PM City Data Services - Madera
https://www.citydataservices.net/cities/maderca/app2022arc.pl?rpt=A238&prop=14&status=20 12/15 can be used in addition to "Black" or "African American." • Native Hawaiian or Other Pacific Islander. A person having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands.
• White. A person having origins in any of the original peoples of Europe, the Middle East or North Africa.
E. CITIZEN PARTICIPATION:
Proposals should include evidence of citizen support for activity.
1. What was done to receive public input/participation? Please provide details. What were the outcomes?
Include documentation of support for the proposal such as meeting minutes, letters and petitions.
Olive maintains a relationship with community members
year round. We've sent out a request for signatures from all our supporters and sponsors. Olive also hosts the 'Red Sand Project' each year. This brings awareness to the community as well as on social media.
2. Note complaints that have been received, etc. We have not received any complaints.
3. Provide evidence of collaboration with other agencies within the community.
In June of 2021, Olive was added to the 'Pledge 2 Stop
Trafficking' campaign. This campaign is a valley-wide
corroboration of anti-trafficking agencies who are all
working in partnership towards better resources, education and awareness for survivors of labor and sex trafficking.
Visit the website at:
https://www.pledge2stoptrafficking.org/ We have also
provided an MOU signed by our agency for this co-op.
Currently, there are 12 agencies attached to this co-op.
F. REFERENCES:
Please provide the name, title, company/agency,
phone and email address for three references.
Staff will contact references and obtain “Yes” and
“No” responses for the following:
7/7/22, 3:42 PM City Data Services - Madera
https://www.citydataservices.net/cities/maderca/app2022arc.pl?rpt=A238&prop=14&status=20 13/15 • Was your experience working with this agency
successful?
• Have you seen at least one very successful project
developed by this organization/agency?
• Do you think they are doing a good job in Madera?
Name: Alicia Bennett Title:Property Owner
Company/Agency Tel. Number: 425-531-
2389
Email Address: [email protected]
Name: Mike Farmer Title:
Chaplain/Pastor
Company/Agency 4th Street
Church of God
Tel. Number: 559-
706-4202
Email Address: [email protected]
Name: Debra Rush Title: Director
Company/Agency Breaking
the Chains
Tel. Number: 559-
283-0065
Email Address: [email protected]
SPONSORING AGENCY MANAGEMENT :
CORPORATION DIRECTORS:
How often does the Board meet? Quarterly
What was the average number of Board members attending
meetings last year? 4
Based on the bylaws, what is the minimum and maximum
number of seats on the Board?
Minimum: 5 Maximum: 51
Date of Incorporation: 3/9/2020
FINANCIAL:
If additional funds are received, please describe the source, the amount and provide supportingdocumentation.
Community Corrections Partnership through AB-109
How often are financial records audited, and by whom? We have never been audited.
Are the treasurer and/or other financial officers bonded? Yes No
If so, for how much?
List any judgments or pending lawsuits against the agency or program:
We have no pending judgements or lawsuits.
List any outstanding obligations:
0 7/7/22, 3:42 PM City Data Services - Madera
https://www.citydataservices.net/cities/maderca/app2022arc.pl?rpt=A238&prop=14&status=20 14/15 Wehavenooutstandingobligations. Budget Line Item Madera Other Funding Program Total Personnel Lines needed: Benefits $0 Taxes $0 Subtotal Personnel $0 $0 $0 Non-Personnel Move-In Assistance $0 Supplies & Materials $0 Equipment $0 Communications $0 Meetings & Convenings $0 Travel & Transportation $3,000 $3,000 Training $0 Consulting $6,000 $6,000 Evaluation $0 Other Lines needed: 3 Rent for Safe House in Madera $15,000 $15,000 Food/Clothing for Tenants $7,800 $7,800 Utilities for Safe House $5,600 $5,600 Subtotal Non- Personnel $37,400 $0 $37,400 Total Personnel & Non-Personnel $37,400 $0 $37,400 Indirect Costs $0 TOTAL $37,400 $0 $37,400 Proposed # of Persons Served: 19 Cost per Individual $1,968 Attachments 7/7/22, 3:42 PM City Data Services - Madera
https://www.citydataservices.net/cities/maderca/app2022arc.pl?rpt=A238&prop=14&status=20 15/15 (Upload Instructions)
Checked attachments below are REQUIRED in order to submit your application, and your application WILL NOT be able to be submitted with missing required attachments! Please take this into consideration when timing your submission of this application. The documents you need to upload are checked below. If you have other attachments you would like to include, please check the box and, if Other, identify the Attachment in the box. If you are unable to upload any of the attachments, contact Marcela Zuniga at 559- 661-3692 or [email protected] at least one day prior to the deadline.
Attachment Link or Explanation for Missing
Attachments
Articles of Incorporation and Bylaws OLIVE_ByLaws_1_1.docx Articles_of_Incorporationpdf_3.pdf
Organization Chart Board_Members_and_Staff.pdf
Non-Profit Determination Letters, IRS &
State (501.3.c)
IRS_Determination_Letter_2.pdf
Certified_100_1.pdf
Most Recent Financial Statements Olive_Checkbook_2022.xlsx Most Recent Audit & Findings, if any We have never been audited Program Intake Policies These are covered on our intake form Client Intake Form ASSESSMENT_FORM_8.pdf
Drug_Test_Results_Form.pdf
Olive_House_Liability_Waiver_2021.pdf
Tenant_Rules_for_Safe_House.pdf
Evaluation Document Drug_Test_Results_Form.pdf
Contact_Report_1.pdf
Tenant_Rules_for_The_Bennett_House.pdf
Board Certification Not board certified
Board Roster Board_of_Directors.pdf
Other - Program Timeline Program_Timeline.pdf
Pledge_to_Stop_Trafficking_MOU_SIGNED_BY_OLIVE.pdf
Other - Letters of Support Support_Letter_from_Mike_Farmer.pdf Support_Letter_from_Theresa_Farmer.pdf
Support_Letter_from_Andy_Medellin.pdf
Support_Letter_from_Celeste_Voyles.pdf
Support_Letter_2022_Alyssa_Meza.pdf
Support_Letter_2022_Kelsie_Hickman.pdf
CCP_May_26_2021_Minutes_2.pdf
Submitted By: April Molina
Date Signed 05/26/2022
Approved By: Marcela Zuniga
Date Signed 06/17/2022
Approval Modified By Marcela Zuniga
Date Signed 06/20/2022
Initially submitted: May 26, 2022 - 10:32:06
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D D D
City of Madera
Grants Department
Marcela Zuniga
Grants Administrator
205 West 4th Street
Madera, CA 93637
Phone: 559-661-3692
Email: [email protected]
Program:
Agency:
CITY OF MADERA
COMMUNITY DEVELOPMENT DEPARTMENT
PROJECT PROGRESS REPORT
Highlighted entries are from the previous report. You may use the "Click to Copy" checkboxes to copy this information to the current report.
Date: IDIS #:
Agency Name: PO #:
Agency Address
Program Name: Grant Year: Report Period:
Program Description:
Prepared By: Phone #:
E-mail:
1. ACCOMPLISHMENTS
Measures Goal Q1 Q2 Q3 Q4
Year-End
Total
2. Income Data - Unduplicated PERSONS Served View AMI Table -- NOTE: Income table is pre-filled from Race/Ethnicity Presumed Beneficiary:
Q1 Q2 Q3 Q4 Year-End Total
Extremely Low Income (0 - 30% AMI)
Very Low Income (31 - 50% AMI)
Low Income (51 - 80% AMI)
Moderate Income (> 80% AMI)
TOTALS
Exhibit C
---- VAHEY CINTRAl
3. Race/Ethnicity Data - Unduplicated PERSONS Served
Characteristic Q1 Q2 Q3 Q4 Year-End Total
#
Served ?
Hisp ?
#
Served Hisp
#
Served Hisp
#
Served Hisp
#
Served Hisp
White 0 0
Black/African American 0 0
Asian 0 0
Amer. Indian/Alaskan
Native
0 0
Native Hawaiian/Pacific
Isl.
0 0
Amer. Indian/White 0 0
Asian/White 0 0
Black/White 0 0
Amer. Indian/Black 0 0
Other 0 0
TOTAL 0 0 0 0
4. Other Demographic Data
Enter number of Unduplicated PERSONS Served for each line item Q1 Q2 Q3 Q4 YTD
Homeless
Female-Headed Households
Disabled/Special Needs
Madera Residents
1. Performance and Progress
a. Restate your agency's Major Activities and Performance Measures under your contract's Scope of Work.
You have 2000 characters left.
b. Describe the progress that has been achieved on each activity during this reporting period.
Upload charts/tables to show supplemental cumulative numbers if helpful.
You have 2000 characters left.
2. Program/Project Changes
a. If you had any significant modifications in your program/project, please describe them.
You have 2000 characters left.
b. How did these modifications help your program/project achieve your goals and objectives? You have 2000 characters left.
3. Program/Project Problems, Challenges, or Concerns
a. Identify any agency problems, challenges, or concerns during this reporting period.
You have 2000 characters left.
b. How are your annual performance goals impacted by these problems, challenges, or concerns? You have 2000 characters left.
4. Program/Project Problems, Challenges, or Concerns
a. Describe the impact that your program/project has had on clients and the community - e.g., How did your program/project's activities benefit your clients and the City of Madera? How did your program/project help reduce the number of persons living in poverty? If applicable, how did your program/project provide economic opportunities for your clients?
You have 2000 characters left.
b. If applicable, how did your agency maintain and/or expand activities to prevent those currently housed from becoming homeless?
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Uploaded Documents: (Up to 20 documents can be attached) Click here to go to the Upload Documents page (Your report will be saved) City Data Services - San Mateo, CA
Copyright © 2007-2022. City Data Services. All rights reserved. --------------------- -
Exhibit D
COMMUNITY DEVELOPMENT BLOCK GRANT CERTIFICATIONS
A. Federal Common Rule Requirements, including, but not limited to, Executive Order 11246, as amended by Executive Orders 11375 and 120860 and implementing regulations issued at 41 CFR Chapter 60; Davis-Bacon Act as amended (40 U.S.C. 276 a to a-7 and 29 CFR, Part 5); Copeland "Anti-Kick Back" Act (18 U.S.C. 874 and 29 CFR, Part 3); Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330 and 29 CFR, Part 5); Section 306 of the Clean Air Act (42 U.S.C. 0857 (h); Section 506 of the Clean Water Act (33 U.S.C. 1368); Executive Order 11738; Environmental Protection Agency Regulations (40 CFR Part 15); and applicable sections of 24 CFR 85.
Also in the common rule are mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with Energy Policy and Conservation Act (Pub L. 94 - 163 ).
B. Office of Management and Budget Circulars No. -21, A-102 revised, A-87, A-110, A-122 and A-128 as they relate to the acceptance and use of Federal funds under this program.
C. Executive Order 11063, as amended by Executive Order 11259, and implementing regulations at 24 CFR Part 107, as they relate to non-discrimination in housing.
D. The Architectural Barriers Act of 1968 ( 42 U .S.C. 4151 ).
E. Clean Air Act of 1970 (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. l 251 et seq.).
F. Bidding requirements contained in the California Public Contracts Code.
G. The relocation requirements of Title II and the acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act) and HUD implementing regulations, 24 CFR Part I as it relates to prohibiting discriminatory action under any activity receiving Federal funds.
H. Provisions of the California Water Code Section 55350 et. sequens.
I. Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352) and implementing regulations 24 CFR Part I as it relates to prohibiting discriminatory action under any activity receiving Federal funds.
J. Title VIII of the Civil Rights Act of 1968, (Pub. L. 90-284) as amended and implementing regulations 24 CFR l 07 as it relates to fair housing.
K. Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112) as amended and implementing regulations when published for effect as they relate to non-discrimination against the handicapped.
L. The Age Discrimination Act of 1975, (Pub. L. 94-135) as amended, and implementing regulations contained in 10 CFR Part 1040 and 45 CFR Part 90.
M. The lead based paint requirements of24 CFR Part 35 Subpart B issued pursuant to the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et.seq.).
N. Section 109 of the Housing and Community Development Act of 1974, as amended, and the regulations issued pursuant thereto (24 CFR Section 570.601) as it relates to prohibiting discriminatory actions and activities funded by Community Development Funds.
0. Section 3 of the Housing and Urban Development Act of 1968, as amended and implementing regulations at 24 CFR Part 135.
P. Executive Order 11988 relating to the evaluation of flood hazards and Executive Order 11288 relating to the prevention, control, and abatement of water pollution.
Q. The flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (Pub. L. 93-234).
R. No member, officer or employee of the Grantee, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, and that it shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this certification.
S. Additionally, all conflict requirements noted in 24 CFR 570.611 shall be complied with by all parties.
T. Title I of Section 104(b)(5) of the Housing and Community Development Act as amended and implementing regulations at 24 CFR 570.200 relating to Special Assessments.
U. Section l 06 of the National Historic Preservation Act and implementing regulations at 36 CFR Part 800.
V. The Endangered Species Act of 1973, as amended, and implementing regulations at SO CFR Part 402.
W. Title I of the Housing and Community Development Act of 1974, as amended, and implementing regulations contained in 24 CFR Part 570 and in 24 CFR Part 85.
X The use of CDBG funds by a religious organization shall be subject to those conditions as prescribed by HUD for the use ofCDBG funds by religions organizations in accordance with Section 570.200G) of the Federal CDBG regulations.
Y. All contracts shall include a "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions" as required by 29 CFRPart98.
Exhibit E
U.S. Department of Hou1ing and Urban Development
COMMUNITY PLANNING AND DEVELOPMENT
Special Attention of:
All Secretary's Representatives
All State/Area Coordinators
All CPD Office Directors
All FHEO Field Offices
All CDBG Grantees
Notice CPD- 00-lO
Issued: December 26, 2000
Expires: December 26, 200 I
Subject: Accessibility for Persons with Disabilities to Non-Housing Programs funded by Community Development Block Grant Funds - Section 504 of the Rehabilitation Act of 1973, the Americans With Disabilities Act, and the Architectural Barriers Act I. Purpo1e
The purpose of this Notice is to remind recipients of Federal funds under the Community Development Block Grant (CDBG) Program of their obligation to comply with Section 504 of the Rehabilitation Act of 1973, HUD's implementing regulations (24 CFR Part 8), the Americans with Disabilities Act, (ADA) and its implementing regulations, (28 CFR Parts 35, 36), and the Architectural Barriers Act (ABA) and its implementing regulations (24 CFR Parts 40, 41) in connection with recipients' non-housing programs.
This Notice describes key compliance elements for non-housing programs and facilities assisted under the CDBG programs. However, recipients should review the specific provisions of the ADA, Section 504, the ABA, and their implementing regulations in order to assure that their programs are administered in full compliance.
Applicability
This Notice applies to all non-housing programs and facilities assisted with Community Development Block Grant Funds (e.g. public facilities and public improvements, commercial buildings, office buildings, and other non-residential buildings) and facilities in which CDBG activities are undertaken (e.g., public services). A separate Notice is being issued concerning Federal accessibility requirements for housing programs assisted by recipients ofCDBG and HOME program funds.
II. Section 504 of the Rehabilitation Act of 1973
Section 504 of the Rehabilitation Act of 1973, as amended, provides "No otherwise qualified individual with a disability in the United States ... shall, solely by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance ... ". HlJD's regulations implementing the Section 504 requirements can be found at 24 CFR Part 8.
Part 8 requires that recipients ensure that their programs are accessible to and usable by persons with disabilities. Part 8 also prohibits recipients from employment discrimination based upon disability.
The Section 504 regulations define "recipient" as any State or its political subdivision, any instrumentality of a State or its political subdivision, any public or private agency, institution organization, or other entity or any person to which Federal financial assistance is extended for any program or activity directly or through anotherrecipient, including any successor, assignee, or transferee of a recipient, but excluding .tru; .ul1i.maJ.I:: beneficiary of the assistance (24 Cf R pB,3) For the purposes of Part 8, redpicols iocJude States and localities that are grantees and subgrantees under the CDBG program, their subrecipients, community-based development organizations, businesses, and any other entity that receives CDBG assistance, but not low and moderate income beneficiaries of the program. CDBG grantees are responsible for establishing policies and practices that they will use to monitor compliance of all covered programs, activities, or work performed by their subrecipients, contractors, subcontractors, management agents, etc.
Non-housing Programs
New Construction -- Part 8 requires that new non-housing facilities constructed by recipients of Federal financial assistance shall be designed and constructed to be readily accessible to and usable by persons with disabilities. (24 CFR §8.21 (a))
Alterations to facilities -- Part 8 requires to the maximum extent feasible, that recipients make alterations to existing non-housing facilities to ensure that such facilities are readily accessible to and usable by individuals with disabilities. An element of an existing non-housing facility need not be made accessible, if doing so, would impose undue financial and administrative burdens on the operation of the recipients program or activity. (24 CFR §8.21 (b))
Existing non-housing facilities• A recipient is obligated to operate each non-housing program or activity so that, when viewed in its entirety, the program or activity is readily accessible to and usable by persons with disabilities. (24 CFR §821 (c))
Recipients are not necessarily required to make each of their existing non-housing facilities accessible to and usable by persons with disabilities if when viewed in its entirety, the program or activity is readily accessible to and usable by persons with disabilities. 24 CFR §8.21 (c)( I) Recipients are also not required to take any action that they can demonstrate would result in a fundamental alteration in the nature of its program or activity or cause an undue administrative and financial burden. However, recipients are still required to take other actions that would not result in such alterations, but would nevertheless ensure that persons with disabilities receive the benefits and services of the program. (24 CFR §8.2 l(c)(iii)) Historic Preservation - Recipients are not required to take any actions that would result in a substantial impairment of significant historic features of an historic property, However, in such cases where a physical alteration is not required, the recipient is still obligated to use alternative means to achieve program accessibility, including using audio-visual materials and devices to depict those portions of
an historic property that cannot be made accessible, assigning persons to guide persons with disabilities into or through portions of historic properties that cannot be made accessible, or otherwise adopting other innovative methods so that individuals with disabilities can still benefit from the program. (24CFR §8.2 l(c)(2)(ii))
Accessibility Standards
Design, construction, or alteration offacilities in conformance with the Uniform Federal Accessibility Standards (UFAS) is deemed to comply with the acccssibili~ n,suirements for nonhousing facilities.
Recipients may depart from particular technical and scoping requirements ofUFAS where substantially equivalent or greater accessibility and usability is provided. (24 CFR §8.32) For copies of UFAS, contact the HUD Distribution Center at J-800-767-7468; deaf, hard of hearing, or speech-impaired persons may access this number via TIY by calling the Federal Information Relay Service at 1-800-877-8339.
Where a property is subject to more than one law or accessibility standard, it is necessary to comply with all applicable requirements. In some cases, it may be possible to do this by complying with the stricter requirement, however, it is also important to ensure that meeting the stricter requirement also meets both the scoping and technical requirements of overlapping laws or standards.
Employment
Section 504 also prohibits discrimination based upon disability in employment. See 24 CFR Part 8, SubpartB.
Section 504 Self Evaluations
The Section 504 regulations required recipients of Federal financial assistance to conduct a self.. evaluation of their policies and practices to determine if they were consistent with the law's requirements.
This self evaluation was to have been completed no later than July 11, 1989. Title II of the ADA imposed this requirement on all covered public entities. The ADA regulations required that ADA self evaluations be completed by January 26, 1993, although those public entities that had already performed a Section 504 self evaluation were only required to perform a self-evaluation on those policies and practices that had not been included in the Section 504 review.
The regulatory deadlines are long past. However, self-evaluation continues to be an excellent management tool for ensuring that a recipient's current policies and procedures comply with the requirements of Section 504 and the ADA.
Involving persons with disabilities in the self-evaluation process is very beneficial. This will assure the most meaningful result for both the recipient and for persons with disabilities who participate in the recipient's programs and activities. It is important to involve persons and/or organizations representing persons with disabilities, and agencies or other experts who work regularly with accessibility standards.
Page J of 7
Important steps in conducting a self-evaluation and implementing its results include the following:
• Evaluate current policies and practices and analyze them to determine if they adversely affect the full participation of individuals with disabilities in its programs, activities and services. Be mindful of the fact that a policy or practice may appear neutral on its face, but may have a discriminatory effect on individuals with disabilities. • Modify any policies and practices that are not or may not be in compliance with Section 504 or Title 11 and Title m nfthe ADA regulations (See24 CEB Part 8 :md.2!LCER 2atts35 ___ _ ___ _
36.)
• Take appropriate corrective steps to remedy those policies and practices which either are discriminatory or have a discriminatory effect. Develop policies and procedures by which persons with disabilities may request a modification of a physical barrier or a rule or practice that has the effect oflimiting or excluding a person with a disability from the benefits of the program.
• Document the self-evaluation process and activities. The Department recommends that all recipients keep the self-evaluation on file for at least three years, including records of the individuals and organizations consulted, areas examined and problems identified, and document modifications and remedial steps, as an aid to meeting the requirement at 24 CFR Part 8.55.
The Department also recommends that recipients periodically update the self-evaluation, particularly, for example, if there have been changes in the programs and services of the agency. In addition, public entities covered by Title II of the ADA should review any policies and practices that were not included in their Section 504 self-evaluation and should modify discriminatory policies and practices accordingly.
III. The Americans With Disabilities Act of 1990
The Americans With Disabilities Act of 1990 (ADA) guarantees equal opportunities for persons with disabilities in employment, public accommodations, transportation, State and local government services, and telecommunications. Unlike Section 504 which applies only to programs and activities receiving Federal financial assistance, the ADA applies even ifno Federal financial assistance is given.
The U.S. Department of Justice enforces Titles I, II, and Ill of the ADA, although the Equal Employment Opportunity Commission investigates administrative complaints involving Title I.
Title I prohibits discrimination in employment based upon disability. The regulations implementing Title I are found at 29 CFR Part 1630. The Equal Employment Opportunity Commission (EEOC) offers technical assistance on the ADA provisions applying to employment.
These can be obtained at the EEOC web site www.eeoc.gov, or by calling 800-669-3362 (voice) and 800- 800-3302 (TTY).
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Title II prohibits discrimination based on disability by State and local governments. Title II essentially extended the Section 504 requirements to services, programs, and activities provided by States, local governments and other entities that do not receive Federal financial assistance from HUD or another Federal agency. CDBG grantees are covered by both Title II and Section 504. The Department of Justice Title II regulations are found at 28 CFR Part 35.
Title II also requires that facilities that are newly constructed or altered, by, on behalf of, or for use of a _ ublic enti~, be desi ned and constructed in a manner that makes the facili readil accessible to and usabl.e by persons with disabilities. (28 CFR §35.151 (a) & (b)) Facilities constructed or altered in conformance with either UF AS or the ADA Accessibility Guidelines for Buildings and Facilities (ADAAG) (Appendix A to 28 CFR Part 36) shall be deemed to comply with the Title II Accessibility requirements, except that the elevator exemption contained at section 4.1.3(5) and section 4.1.6(1 )G) of ADAAG shall not apply. (28CFR §35.151 (c))
Title II specifically requires that all newly constructed or altered streets, roads, and highways and pedestrian walkways must contain curb ramps or other sloped areas at any intersection having curbs or other barriers to entry from a street level or pedestrian walkway and that all newly constructed or altered street level pedestrian walkways must have curb ramps at intersections . Newly constructed or altered street level pedestrian walkways must contain curb ramps or other sloped areas at intersections to streets, roads, or highways. (28CFR §35.151 (e))
The Title II regulations required that by January 26, 1993, public entities (State or local governments) conduct a self-evaluation to review their current policies and practices to identify and correct any requirements that were not consistent with the regulation. Public entities that employed more than 50 persons were required to maintain their self-evaluations on file and make it available for three years. lfa public entity had already completed a self-evaluation under Section 504 of the Rehabilitation Act, then the ADA only required it to do a self-evaluation of those policies and practices that were not included in the previous self-evaluation. (28 CFR §35. !05)
The Department of Justice offers technical assistance on Title II through its web page at www.usdoj.gov/crt/ada/taprog.htm, and through its ADA Information Line, at 202 514-0301 (voice and 202-514-0383 (TTY). The Department of Justice's technical assistance materials include among others, the Title II Technical Assistance Manual with Yearly Supplements, the ADA guide for Small .Towns, and an ADA Guide entitled The ADA and City Governments: Common Problems, Title III prohibits discrimination based upon disability in places of public accommodation (businesses and non-profit agencies that serve the public) and "commercial" facilities (other businesses). It applies regardless of whether the public accommodation or commercial facility is operated by a private or public entity, or by a for profit or not for profit business. The Department of Justice Title III regulations are found at 28 CFR Part 36. The Department of Justice also offers technical assistance concerning Title Ill through the web page cited above and the ADA Hotline cited above.
Page S of 7
Justice also offers technical assistance concerning Title Ill through the web page cited above and the ADA Hotline cited above.
IV. The Architectural Barriers Act of1968
The Architectural Barriers Act of I 968 (ABA) (42 U.S.C. 4 I 51-4157) requires that certain buildings financed with Federal funds must be designed, constructed, or altered in accordance with standards that ensure accessibility for persons with physical disabilities. The ABA covers any building or facility financed in whole or in part with Federal funds, exce t rivatel -owned residential structures. Covered huildin sand facilities desi ned constructed, or altered with CDBG funds are subJect to th·e ABA and must comply with the Uniform Federal Accessibility Standards (UFAS). (24 CFR 570.614) In practice, buildings built to meet the requirements of Section 504 and the ADA, will conform to the requirements of the ABA.
V. HUD Resources Available Concerning Section 504
Further information concerning compliance with Section 504 may be obtained through the HUD web page (http://www.hud.gov/fhe/504/sect504.btmO. Additional assistance and information may be obtained by contacting the local Department of Housing and Urban Development Office of Fair Housing and Equal Opportunity field office. Below is a list of the phone numbers for these offices.
CPD FHEO
Boston,MA 617 565-5345 617 565-5310
Hartfonl, CT 806 240-4800 x3059 860 240-4800
New\'ork, NY 212 264-0771 x3422 212 264-1290
Buffalo,NY 716 551-5755 x5800 716 551-575S
Newark,NJ 973 622-7900 x3300 973 622-7900
Philadelphia, PA 215 6S6-0624 x3201 215 656-0661
Pittsburgh, PA 412 644-2999 412 355-3167
Baltimore, MD 410 962-2520 x307l 410 962-2520
Richmond, VA 804 278-4503 x3229 804 278-4504
Washington, DC 202 275-0994 x3 163 202 275-0848
Atlanta, GA 404 331-5001 x2449 404 331-1798
Birmingham, AL 205 290-7630 x I 027 205 290-7630
South Florida 305 S36-4431 x2223 305 536-4479
Jacksonville, FL 904 232-1777 x2 I 36 904 23 2-1 777
San Juan, PR 787 766-5400 x2005 787 766-5400
Loui!lville, K\I 502 582-6163 x214 502 582-6163 x230
Jackson, MS 60 I 965-4 700 x3 140 601 965-4700 x2435
Knoxville, TN 865545-4391 xl21 865 545-4379
Greensboro, NC 336 547-4005 336 547-4050
Columbia, SC 803 765-S564 803 765-5936
Chicago, IL 312 353-1696 x2702 312 353-7776
Minneapolis, MN 612 370-3019 x2107 612370-318S
Page6 of 7
Detroit, Ml
Milwaukee, WI
Columbu11, OH
[ndlanapolis, IN
Little Rock, AK
Oklahoma City, OK
Kan1a11 City, KS
Omaha,NE
St, Louis, MO
New Orlean!1, LA
Fort Worth, TX
San Antonio, TX
Albuquerque, NM
Denver,CO
San Frandsco, CA
Los Angeles, CA
Honolulu, HI
Phoenix,AZ
Seattle, WA
Portland, OR
Manchester, NH
Anchorage, AK
Houston, TX
313 226-7908 x80SS
414 297-3214 x8100
614 469-5737 x8240
317 226-6303 x6790
501 324-6375
405 553-7569
913 551-5485
402 492-3181
JJ 4 539-6524
504 589-7212 x3047
817 978-5934 x595 l
210 4 75-6820 x2293
505 346-727] x7361
303 672-5414 xl326
415 436-6597
213 894-8000 x3300
808 522-8180 x264
602 379-4754
206 220-5150 x3606
503 326-7018
603 666-7640 x7633
907 271-3669
313 226-6280
414 297-3214
614 469-5737 x8170
317 226-7654
501 324-6296
405 553-7426
913 551-5834
402 492-3109
3 I 4 539-632'.Z
504 589-7219
817 978-5870
210 475-6885
sos 346-7327
303 672-5437
415 436-6569
213 894-8000 x3400
808 522-8180
602 379-6699 5261
206 220-5170
503 326-3349
713 313-2274
Page7 of7
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF MADERA, CALIFORNIA, APPROVING A 2022/23 COMMUNITY DEVELOPMENT BLOCK GRANT SUBRECIPIENT AGREEMENT FOR SERVICES ($10,000) WITH
PEQUENOS EMPRESARIOS
WHEREAS, the City Council has considered approval of the 2022/23 Community Development Block Grant Subrecipient Agreement with Pequenos Empresarios in the amount of $10,000 (“Agreement”); and
WHEREAS, a copy of the Agreement is attached hereto as Exhibit 1 and incorporated by reference.
NOW, THEREFORE, the City Council of the City of Madera finds, determines, resolves and orders as follows:
1. The recitals listed above are true and correct.
2. The Council approves the Agreement between the City and Pequenos Empresarios.
3. This resolution is effective upon receipt of written confirmation from the U.S.
Department of Housing and Urban Development of the City of Madera 2022/23 Action Plan approval.
4. The Director of Financial Services is hereby authorized to take such action to implement the terms of the Resolution.
5. The City Clerk with concurrence from the City Attorney is authorized to make clerical and non-material corrections to this resolution and the Agreement.
6. This resolution is effective immediately upon adoption. *****
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COMMUNITY DEVELOPMENT BLOCK GRANT
SUBRECIPIENT AGREEMENT
BETWEEN THE CITY OF MADERA AND PEQUENOS EMPRESARIOS
This Community Development Block Grant Subrecipient Agreement (“Agreement”) is entered into, effective on the date of July 1, 2022, by and between the City of Madera (“City”) and PEQUENOS EMPRESARIOS, hereafter referred to as "SUBRECIPIENT."
RECITALS
A. This Agreement sets forth the responsibilities of City and Subrecipient in accomplishing the objectives of the United States Department of Housing and Urban Development (HUD) Community Development Block Grant as set forth in the Housing and Community Development Act of 1974, (hereinafter referred to as “CDBG”), as amended.
B. The City has been designated as the sponsoring agency to administer and implement the program for the Community Development Block Grant (CDBG) activities of the CITY, and in accordance with the provisions of Title I of the Housing and Community Development Act of 1974, as amended, and the laws of the State of California.
C. Under the CDBG regulations the City may grant the CDBG funds to nonprofit organizations or public agencies for certain purposes.
D. City agrees to engage the services of Subrecipient, and Subrecipient agrees to perform the services for CITY hereinafter described, for the compensation, during the term, and otherwise subject to the covenants and conditions hereinafter set forth.
AGREEMENT
1. Services
The Subrecipient shall provide all services and responsibilities as set forth in the project design, which is attached to this Agreement, marked as EXHIBIT "B", and incorporated herein by reference.
2. Funding and Method of Payment
a. Compensation
Payments shall be made after receipt and verification of actual expenditures incurred by the Subrecipient in the performance of this Agreement and shall be documented to the City by the tenth (10th) day of the month following the end of each quarter. Allowable expenditures under this Agreement are specifically established, attached and incorporated by reference as EXHIBIT “A".
The total obligation of the City under this Agreement shall not exceed $10,000 in fiscal year 2022- 2023. Any compensation not consumed by expenditures of the SUBRECIPIENT by the expiration of this Agreement shall automatically revert to the CITY. b. Public Information
The Subrecipient shall disclose in all public information its funding source. c. Lobbying Activity
The Subrecipient shall not directly or indirectly use any of the funds provided under this Agreement for publicity, lobbying, or propaganda purposes designed to support or defeat legislation pending before the Congress of the United States or the Legislature of the State of California.
d. Political Activity
The Subrecipient shall not directly or indirectly use any of the funds under this Agreement for any political activity or to further the election or defeat of any candidate for public office.
3. Fiscal Compliance
The SUBRECIPIENT shall be subject to the same fiscal regulations imposed on CITY by the U. S. Department of Housing and Urban Development for the use of CDBG funds.
4. Program Income
SUBRECIPIENT shall report quarterly all program income as required under 24 CFR 570.503(b)(3) generated by activities carried out with CDBG funds made available under this Agreement. The use of program income by the SUBRECIPIENT shall comply with the requirements set forth at 24 CFR 570.504. By way of further limitations, the Subrecipient may use such income during the contract period for activities permitted under this Agreement and shall reduce requests for additional funds by the amount of any such program income balance on hand. All unexpended program income shall be returned to City at the end of the contract period. Any interest earned on cash advances from the U.S. Treasury and from funds held in a revolving fund account is not program income and shall be remitted promptly to City.
5. Compliance with Laws
If the SUBRECIPIENT receives CDBG funding under this Agreement, SUBRECIPIENT shall comply with all rules and regulations established pursuant to the Housing and Community Development Act of 1974 and its amendments and Uniform Administrative Requirements under 24 CFR 570.503(b)(4). The Subrecipient and any subcontractors shall comply with all applicable local, State and Federal regulations, including but not limited to those requirements listed in Community Development Block Grant certifications attached hereto and incorporated herein by reference as EXHIBIT “D”.
6. Administrative Requirements/Financial Management/Accounting Standards
Subrecipient agrees to comply with 24 CFR 84.21-28 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred.
7. Costs Principles
Subrecipient shall administer its program in conformance with OMB Uniform Guidance.
These principles shall be applied for all costs incurred whether charged on a direct or indirect basis.
8. Contract Administration
City shall retain the right to administer this Agreement to verify that Subrecipient is performing its obligations in accordance with the terms and conditions of this Agreement.
Subrecipient and City shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof.
9. Period of Performance (Term of Agreement)
The Subrecipient shall commence performance under this Agreement on July 21, 2022, and shall end its performance June 30, 2023, unless terminated sooner as provided for elsewhere in this Agreement. The Agreement may be extended by written modification of the parties.
10. Records
a. Record Establishment and Maintenance
Subrecipient shall establish and maintain records in accordance with those requirements prescribed by City, with respect to all matters covered by this Agreement. Subrecipient shall retain all fiscal books, account records, and client files for services performed under this Agreement for at least three (3) years from the date of the final payment under this Agreement or until all State and Federal audits are completed for that fiscal year, whichever is later. Pursuant to State and Federal law, it is the intent of the parties to this Agreement that the Subrecipient shall be reimbursed for actual costs incurred in the performance of this Agreement but that no profit is to accrue to the Subrecipient on account of such performance.
SUBRECIPIENT shall maintain all records required by the Federal regulations specified in 24 CFR 570.506 that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to:
1. Records providing a full description of each activity undertaken;
2. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program;
3. Records required to determine the eligibility of activities;
4. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance;
5. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program;
6. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21-28; and
7. Other records necessary to document compliance with 24 CFR 570.503(b)(5). b. Reports/Required Notifications
The Subrecipient shall submit reimbursement claims with substantiating invoices and timecards signed by both the employee and applicable Authorizing Official of the Subrecipient. Reports shall consist of the Quarterly Reporting Form. This form is contained in EXHIBIT “C” attached hereto and incorporated herein by reference.
The Subrecipient shall also furnish to the City such statements, records, reports, data, and information as the City may request pertaining to matters covered by this Agreement. In the event that the Subrecipient fails to provide such reports, it shall be deemed sufficient cause for the City to withhold payments until there is compliance. In addition, the Subrecipient shall provide written notification and explanation to the CITY within five (5) days of any funds received from another source to conduct the same services covered by this Agreement.
City shall notify Subrecipient in writing within thirty (30) days of any potential State or Federal exception discovered during an examination. Where findings indicate that program requirements are not being met and State and Federal participation in this program may be imperiled in the event that corrections are not accomplished by Subrecipient within thirty (30) days, written notification shall constitute City’s intent to terminate this Agreement.
Subrecipient shall report to City promptly and in written detail, each notice of claim of copyright infringement received by Subrecipient with respect to all subject data delivered under this Agreement. Subrecipient shall not affix any restrictive markings upon any data. If markings are affixed, City shall have the right at any time to modify, remove, obliterate, or ignore such markings. c. CDBG Reporting Requirements
The City will inform Subrecipient in writing if CDBG funds are provided under this Agreement, which require Subrecipient to submit an application or to complete a record as an integral part of receiving these funds.
Subrecipient shall submit with each quarterly invoice copies of paid invoices/receipts, copies of cash receipts or checks used to pay each invoice submitted, copies of timecards and related pay stubs for reimbursement.
11. Assignment
Subrecipient may not assign or transfer their obligation of this Agreement or any rights hereunder without the prior written consent of the other party.
12. Subcontracts
If the Subrecipient should propose to subcontract with one or more third parties to carry out a portion of those services described in EXHIBIT "B" insofar as it deems proper or efficient, any such subcontract shall be in writing and approved by the CITY prior to execution and implementation. Any such subcontract, together with all other activities performed, or caused by the Subrecipient, shall not allow compensation greater than the total project budget contained in EXHIBIT "A." An executed copy of any such subcontract shall be submitted to the City before any implementation and shall be retained by the City.
The Subrecipient shall be responsible to the City for the proper performance of any subcontract. Any subcontractor shall be subject to all of the same terms and conditions that the Subrecipient is subject to under this Agreement. No officer or director of the Subrecipient shall have any direct monetary interest in any subcontract made by the Subrecipient. A direct monetary interest contrary to this paragraph shall be deemed to exist, if an officer or director of the Subrecipient is also an owner, officer, or director of a corporation, association, or partnership subcontracting with the Subrecipient.
In addition, if the Subrecipient receives CDBG funds under this Agreement, the subcontractor shall be subject to CDBG federal regulations, including those listed in EXHIBIT "D".
13. Conflict of Interest
No officer, employee, or agent of the City who exercises any function or responsibility for planning and carrying out of the services provided under this Agreement shall have any direct or indirect personal financial interest in this Agreement. The Subrecipient shall comply with the provisions of 24 CFR 570.611 with respect to conflicts of interest and covenants hat it presently has no financial interest, direct or indirect, which would conflict in any manger or degree with the performance of this Agreement. The Subrecipient further covenants that in the performance of this Agreement, no person having such a financial interest shall be employed or retained by Subrecipient.
14. Discrimination
a. Eligibility for Services
The Subrecipient shall prepare and make available to the CITY and to the public all eligibility requirements to participate in the program plan set forth in EXHIBIT "B." No person shall, on the grounds of race, color, national origin, sex, religion, age, or disability status, be excluded from participation in, and denied the benefits of, or be subjected to discrimination with respect to the services funded under this Agreement.
The Subrecipient’s services shall be accessible to the physically disabled, and the services of a translator, signer or assistive listening device shall be made available. Subrecipient, in its marketing materials, shall specify assistance to access its services is available for deaf and hardof-hearing persons by calling 711 or 1-800-735-2929 and, for voice users, 1-866-735-2922 for TTY Relay Services. Subrecipient shall comply with requirements set forth in EXHIBIT E, Accessibility for Persons with Disabilities to Non-Housing Programs funded by Community Development Block Grant Funds – Section 504 of the Rehabilitation Act of 1973, the Americans With Disabilities Act, and the Architectural Barriers Act.
b. Employment Opportunity
The Subrecipient shall comply with the CITY policy, the Community Development Block Grant regulations, and the Equal Employment Commission guidelines, which forbids discrimination against any person on the grounds of race, color, national origin, sex, religion, age, familial status, disability status, or any other status protected by law in employment practices.
Such practices include retirement, recruitment advertising, hiring, layoff, termination, upgrading, demotion, transfer, rates of pay or other forms of compensation, use of facilities, and other terms and conditions of employment.
c. Suspension of Compensation
If an allegation of discrimination occurs, the City shall withhold all further funds until the Subrecipient can show by clear and convincing evidence to the satisfaction of the City that funds provided under this Agreement were not used in connection with the alleged discrimination. d. Nepotism
Except by written consent of the City, no person shall be employed by the Subrecipient who is related by blood or marriage or who is a member of the Board of Directors or an officer of the Subrecipient. In the event HUD determines a CDBG-funded Subrecipient’s organization/agency operations violate federal rules and regulations with regard to nepotism and/or conducts business and a conflict of interest issue arises, then Subrecipient shall accept all responsibility to return any CDBG funds received from City.
15. Termination
a. This Agreement may be immediately terminated by City for cause where in the determination of City, any of the following conditions exist: (1) an illegal or improper use of funds, (2) failure to comply with any terms of this Agreement, (3) a materially incorrect or incomplete report, (4) an improper performance of services.
b. Any one of or combination of the above conditions will constitute grounds for suspension or termination of the Agreement. In no event shall any payment by the City hereunder constitute a waiver by the City of any breach of this Agreement or any default which may then exist on the part of the Subrecipient, nor shall such payment impair or prejudice any remedy available to the City with respect to the breach of default. When there is a breach of this Agreement, as defined by this section, the City may, in its sole discretion, immediately suspend or terminate this Agreement.
c. City shall have the option to terminate this Agreement without obligation of City to reimburse Subrecipient from the date the Federal or State Government withholds or fails to disburse funds to City. In the event such government withholds or fails to disburse funds, City shall give Subrecipient notice of such funding limitation or termination within a reasonable time after City receives notice of same.
d. Upon thirty (30) days written notice to the other party, either party may terminate this Agreement without cause. Notice shall be deemed served upon mailing.
16. Amendments
Adjustment of any line item within the total approved budget contained in EXHIBIT “A” or changes in the nature or scope of the program plan set forth in EXHIBIT “B” may be approved in writing by the City Manager, or his designee.
17. Administration
The City of Madera Grants Administration Department shall administer this Agreement.
18. Evaluation
The City shall monitor and evaluate the performance of the Subrecipient under this Agreement to determine to the best possible degree the success or failure of the services provided under this Agreement and the adequacy of the program plan contained in EXHIBIT "B." The Subrecipient shall participate in evaluation of the program.
Subrecipient shall cooperate fully with City, State and Federal agencies, which shall have the right to monitor and audit all work performed under this Agreement.
Subrecipient shall also agree to on-site monitoring and personal interviews of participants, Subrecipient’s staff, and employees by appropriate City staff on at least a quarterly basis.
19. Governing Law
Any controversy or claim arising out of or relating to this Agreement which cannot be amicably settled without court action shall be litigated only in Madera, California. The rights and obligations of the parties and all interpretations and performance of this Agreement shall be governed in all respects by the laws of the State of California.
20. Reversion of Assets
The Subrecipient must obtain prior written approval from the City whenever there is any modification or change in the use of any property acquired or improved, in whole or in part, using CDBG funds. If any real or personal property acquired or improved with CDBG funds is sold and/or is utilized by the Subrecipient for a use which does not qualify under the CDBG program, the Subrecipient shall reimburse the City in an amount equal to the current fair market value of the property, less any portion thereof attributable to expenditures of non-CDBG funds. These requirements shall continue in effect for the life of the property. In the event the CDBG program is closed-out, the requirements of this Section shall remain in effect for activities or property funded with CDBG funds, unless action is taken by the Federal government to relieve the City of these obligations.
21. Breach of Agreement
In the event the SUBRECIPIENT fails to comply with any of the terms of this Agreement, the CITY may, at its option, deem the SUBRECIPIENT’s failure as a material breach of this Agreement and utilize any of the remedies set forth in 24 CFR 85.43 or that it deems appropriate.
Should the CITY deem a breach of this Agreement material, the CITY shall immediately be relieved of its obligations to make further payment as provided herein. In addition to the Agreement being terminated by the CITY in accord with a material breach of this Agreement by the SUBRECIPIENT, this Agreement may also be terminated for convenience by the CITY in accord with 24 CFR 85.44.
22. No Third-Party Beneficiaries
This Agreement is not intended to create and does not create any rights in or benefits to any third party, nor will it be deemed to confer rights or remedies upon any person or legal entity not a party to this Agreement.
23. Indemnification
Subrecipient shall indemnify, defend, and hold harmless the City, and its officers, employees, and agents (“City indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Subrecipient’s performance of its obligations under this agreement or out of the operations conducted by Subrecipient, including the City’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Subrecipient’s performance of this agreement, the Subrecipient shall provide a defense to the City indemnitees, or at the City’s option, reimburse the City indemniteestheir costs of defense, including reasonable legal counsels’ fees, incurred in defense of such claims.
24. Independent Contractor
Subrecipient and its subcontractors shall perform this Agreement as independent contractors and not as officers, employees, agents or volunteers of City. Nothing contained in this Agreement shall be deemed to create any contractual relationship between City and Subrecipient’s employees or subcontractors, nor shall anything contained in this Agreement be deemed to give any third party, including but not limited to Subrecipient’s employees or subcontractors, any claim or right of action against City.
25. Insurance Requirements for Subrecipients
Without limiting Subrecipient’s indemnification of City, and prior to commencement of Work, Subrecipient shall obtain, provide, and continuously maintain at its own expense during the term of the Agreement, and shall require any and all Subcontractors and Subconsultants of every Tier to obtain and maintain, policies of insurance of the type and amounts described below and in form satisfactory to the City.
Minimum Scope and Limits of Insurance
Subrecipient shall maintain limits no less than:
$500,000 General Liability (including operations, products and completed operations) per occurrence, $1,000,000 general aggregate, for bodily injury, personal injury and property damage, including without limitation, blanket contractual liability. Coverage shall be at least as broad as Insurance Services Office (ISO) Commercial General Liability coverage form CG 00 01.
$500,000 Automobile Liability combined single limit per accident for bodily injury or property damage at least as broad as ISO Form CA 00 01 for all activities of Subrecipient arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles. This provision shall not apply if Subrecipient’s activities do not include driving in the performance of the proposed scope of work.
Worker’s Compensation as required by the State of California and $500,000 Employer’s Liability per accident for bodily injury or disease.
Maintenance of Coverage
Subrecipient shall procure and maintain, 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 hereunder by Subrecipient, its agents, representatives, employees, subcontractors or subconsultants as specified in this Agreement.
Proof of Insurance
Subrecipient shall provide to the City certificates of insurance, as required, as evidence of the insurance coverage required herein. Insurance certificates must be approved by the City prior to commencement of performance. Current evidence of insurance shall be kept on file with the City at all times during the term of this Agreement. Agency reserves the right to require complete, certified copies of all required insurance policies, at any time.
Acceptable Insurers
All insurance policies shall be issued by an insurance company currently authorized by the Insurance commissioner to transact business of insurance in the State of California, with an assigned policyholders’ Rating of A- (or higher) and a Financial Size Category Class VII (or larger), in accordance with the latest edition of Best’s Key Rating Guide.
Enforcement of Contract Provisions (non estoppel)
Subrecipient acknowledges and agrees that any actual or alleged failure on the part of the City to inform Subrecipient of non-compliance with any requirement imposes no additional obligations on the City, nor does it waive any rights hereunder.
Specifications not Limiting
Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If Subrecipient maintains higher limits than the minimums required above, the entity shall be entitled to coverage at the higher limits maintained by Subrecipient.
Notice of Cancellation
//
Subrecipient agrees to oblige its insurance agent or broker and insurers to provide to the City with thirty (30) calendar days’ notice of cancellation (except for nonpayment for which ten (10) calendar days’ notice is required) or nonrenewal of coverage for each required coverage.
Self-insured Retentions
Any self-insured retentions must be declared to and approved by the City. The City reserves the right to require that self-insured retentions be eliminated, lowered or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by the City’s Risk Manager.
Timely Notice of Claims
Subrecipient shall give the City prompt and timely notice of claims made or suits instituted that arise out of or result from Subrecipient’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
Additional Insurance
Subrecipient shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgement may be necessary for its proper protection and prosecution of the Work.
26. Violation of Federal Rules and Regulations
In the event HUD determines a CDBG-funded Subrecipient has violated Federal rules and regulations and HUD requires repayment of CDBG funds, then Subrecipient shall repay any CDBG funds within 90 days of a written request from CITY.
27. General Provisions
a. Entire Agreement
This Agreement constitutes the entire agreement between Subrecipient and City with respect to the subject matter hereof and supersedes all previous negotiations, proposals, commitments, writings, advertisements, publications and understandings of any nature whatsoever unless expressly included in this Agreement. b. Notice.
Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid first-class mail:
To the City:
City of Madera – Grants Department
205 W. 4th St.
Madera, CA 93637
To the Subrecipient:
PEQUENOS EMPRESARIOS
Madera, Ca 93638
16905 Road 26 Suite 103, CA 93637
at his/her address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
c. Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. d. Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement that are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. e. Execution in Counterparts.
This Agreement may be executed in counterparts such that the signatures may appear on separate signature pages. A copy or an original, with all signatures appended together, shall be deemed a fully executed Agreement.
[SIGNATURES ON NEXT PAGE]
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective officers thereunto duly authorized as set forth below.
CITY OF MADERA: PEQUENOS EMPRESARIOS:
By: ___________________________________ By: ______________________________ Santos Garcia, Mayor Pequenos Empresarios
Date: __________________________________ Date: ______________________________ ATTEST: APPROVED AS TO LEGAL FORM:
By: ___________________________________ By: _________________________________ Alicia Gonzales, City Clerk Hilda Cantú Montoy, City Attorney Date: __________________________________ Date: _______________________________ Exhibit A
FY 2022-2023 Budget
PEQUENOS EMPRESARIOS
Pequenos Empresarios
Budget Line Item Madera
Personnel Lines needed:
Benefits
Taxes
Subtotal Personnel $0.00
Non-Personnel
Move-In Assistance
Supplies & Materials $450.00
Equipment
Communications $400.00
Meetings & Convenings
Travel & Transportation
Training $0
Consulting
Evaluation
Other Lines needed: 7
Payroll $1,540.00
workshops $2,240.00
graduations $0.00
Utilities $120.00
insurance $0.00
Teachers & Trainers $2,700.00
Rent $2,550.00
Subtotal Non-Personnel $10,000.00
Total Personnel & Non-Personnel $10,000.00
Indirect Costs
TOTAL $10,000.00
Number of Persons Served: 20
Cost per Individual $500
7/7/22, 3:43 PM City Data Services - Madera
https://www.citydataservices.net/cities/maderca/app2022arc.pl?rpt=A232&prop=103&status=20 1/12 Choose Font: 20
CDBG 2022/2023 GRANT APPLICATION
PUBLIC SERVICES, CAPITAL PROJECTS, & PUBLIC IMPROVEMENTS Exhibit B – Project/Program Summary
Application Type Public Service
Legal Name of
Organization: Pequenos Empresarios
Name of Project: Ninos en Accion
Street Address/Service
Area of Project: 16905 Road 26 Suite 103
City: Madera Zip: 93638
Amount Requested for
this Project: $89,358
Amount of Leveraged
Funds Available for this
Project:
$0
Mailing Address: Madera, Ca 93638
City: 16905 Road 26 Suite 103 Zip: 93637
Grant Administrator : Berenice
Solis Title: Public Relations
Phone: 9097716763 Email: Madera, Ca 93638
SAM Number: System for Award Management (Formerly,
CCR) Number
UEI Number: 16905 Rd 26
Suite 103
Federal EIN/TIN Number:
45-5640209
Program/Project Administrator:
Leonor Hipolito Title: President
Phone: 5597184801 Email: 16905 Rd 26 Suite
103
Type of Entity/Organizational Structure Non-Profit
Brief Project Description(50 Words Max):Offering bilingual workshops to help develop social skills, financial literacy, family and community bonds, emotional intelligence,
assisting with positive self esteem, environmental
awareness, personal evaluation, values and proper
etiquette.
CDBG PUBLIC SERVICES APPLICATION
1. SUMMARY OF COMMUNITY NEED OR PROBLEM TO BE
ADDRESSED:(Describe the community need or problem to
V
7/7/22, 3:43 PM City Data Services - Madera
https://www.citydataservices.net/cities/maderca/app2022arc.pl?rpt=A232&prop=103&status=20 2/12 be addressed by the proposed program. State how and by
whom the need was identified. Cite your sources (e.g., U.S. 20XX Census Data Table X.)
Educational workshops that assist abused, abandoned or
neglected children by offering healing and emotional
intelligence support SOURCE:(Previous Workshops held)
Help assist low-income individuals to create an unlimited mind set of possibilities. 2021 census data shows that
55.2% of age groups 16+ enter labor force. (SOURCE:
census.gov) Programs to assist with job skills development and job placement. According to the Madera juvenile data base, 3067 Juveniles are incarcerated yearly. We offer a community network of assistance to prevent the statistics from continuing to grow.
2. EXISTING SERVICES: List other agencies currently
addressing the need or problem described above.
Kidshealth.org, childmind.org, and Unicef.org, bgca.org
3. Explain how your program supplements or complements
existing services without duplicating them.
Our services are geared towards reinforcing the core
subjects to better prepare students and help them improve academically. Additionally, students are taught personal growth by finding their strengths and acknowledging their weaknesses. Another example of our unique program is we offer cultural and traditional acknowledgment. We offer
4. Describe the method used to measure the effectiveness (outcomes) of services. Identify measurable goals and
objectives. Attach a copy of the program's evaluation
documentation.
Children are provided with a questionnaire to analyze their skills. During the course, children receive one on one
sessions to measure course progress through personal
testimonials. Children are able to validate the impact of the program and describe the impact it has created in their lives. A survey is provided to the children after completing a course to measure its success.
5. Mark the box below that indicates the national objective met:
Activities Benefiting Low and Moderate-Income Persons. 570.208(a) 7/7/22, 3:43 PM City Data Services - Madera
https://www.citydataservices.net/cities/maderca/app2022arc.pl?rpt=A232&prop=103&status=20 3/12 LMA-Area Benefit. 570.208(a)(1) Area-wide activities benefit ALL residents in a particular area, where at least of the people are low and moderate-income. The service area of the project must be specifically identified. If this objective is selected, upload a service area map that includes all Census Tracts and Block Groups served by your project and a calculation of the low/mod-income percentage. Click Here to verify Census Tracts and Block Groups for CDBG LMA Service Area Map
LMC-Limited Clientele. 570.208(a)(2).
Limited Clientele. 570.208(a)(2)(i) Activities benefit low and moderate-income (LMI) persons without regard to the area being served. At least of the persons participating in the activity must be low and moderate-income. Indicate how your
organization verifies income eligibility of clients.
Presumed Benefit. 570.208(a)(2)(i)(A) Clients served are primarily and specifically from one of the following groups:
Abused children
Battered spouse
Ederly persons (62 years of age or older)
Illiterate persons
Migrant farm workers
Handicapped individuals
Homeless persons
Persons with AIDS
Client Document Review. 570.208(a)(2)(i)(b) Clients provide tax documents, pay stubs, etc., to verify income. Upload sample worksheet.
Income Certification. 570.208(a)(2)(i)(C) Clients independently "income-certify" on a form provided by the Grantee. This is primarily used for group meetings and not a preferred
method. Upload a blank "intake" form.
Limited Clientele. 570.208(a)(2)(ii) An activity that serves to remove material or architectural barriers to the mobility or accessibility of elderly persons or of adults meetig the definition of "severely disabled."
Limited Clientele. 570.208(a)(2)(iii) Microenterprise assistance activity to benefit new and existing microenterprises (five or fewer employees, including owner who is a low-mod person).
Limited Clientele. 570.208(a)(2)(iv) A job training and placement and/or other employment support services activity, including, but not limited to peer support programs, counseling, child care, transporation and other similar services, in which the
percentage of low- and moderate-income persons assisted is less 0 0
0 0 ---·- ·-·- ·
0 0
0 0
@
0 0
0 0 -----·-·-·
0 0
0 7/7/22, 3:43 PM City Data Services - Madera
https://www.citydataservices.net/cities/maderca/app2022arc.pl?rpt=A232&prop=103&status=20 4/12 than under limited circumstances under 24 CFR 570.208(a)(2)(iv), (a) and (b).
LMH-Housing Activities. 570.208(a)(3) An activity carried out for the purpose of providing or improving permanent residential structures, which, upon completion, will be occupied by low and moderate-income households.
LMJ-Jobs Activities. 570.208(a)(4) An activity designed to create or retain permanent jobs where at least of which, computed on a fulltime equivalent (FTE) basis, involve the employment of low and moderate-income persons.
Slum and Blight. 570.208(b) Activities that aid in the prevention or elimination of slums or blight.
For addressing Slum or Blight on an area basis, please Click Here for the regulations and criteria.
Urgent Need. 570.208(c) Community development activities having an urgent need. This objective rarely applies and is reserved for alleviating emergency situations such as natural disasters.
6. Which measurable objectives does your program meet?
Our objectives are measured by the outcome of our student surveys/testimonies from when they enter our workshop
phase 1 to the final phase. We also measure our objectives by the input we gather from our parents, staff and coaches at the end of our workshops. When beginning our program the student starts with very low self esteem, quite and close minded. Then receives the tools to properly communicate with others and build confidence to make an impact in their future by our final workshop.
7. How will your program meet its goals in one year?
Our goal is to accentuate our program by gathering the
proper tools to facilitate our leaders and staff with more trainings to better educate our children. By doing so we expand our children's learning capacity and overall growth.
8. What financial resources, other than City are available for this program? Have applications for other funds been
submitted? Explain. If funds other than CDBG are proposed, please provide supporting documentation/letters of
commitment.
Other applications submitted apart from the City of Madera that have not been funded are the following: Wells Fargo, 0 0
0 0
7/7/22, 3:43 PM City Data Services - Madera
https://www.citydataservices.net/cities/maderca/app2022arc.pl?rpt=A232&prop=103&status=20 5/12 Latino Community Foundation, Latino Giving Circle,
Vaccinate all 58, New York Life.
**At the moment we are not committed to any funders**
9. Describe in detail all proposed plans for fund raising for this program. What is the projected net income from fund raising? If net fund raising is not increasing, please explain (be specific).
No current fund raising due to COVID-19. All support has been from our community partners. We plan on starting
community fund raisers in the near future.
10. What was done to receive public input/participation? Please provide details. What did the public
input/participation identify? Include documentation of
support for the proposal such as meeting minutes, letters and petitions.
Public participation was achieved through social media ads, parents, family members and children spreading the word of our movement. Our community supported us by
donating their time as well as food and supplies for our kids.
They support us as volunteers by promoting our programs and services.
11. If service is offered outside the Madera city limits, include the list of funding sources and supporting
documentation/letters of commitment that support these
program services. We primarily service our community of Madera and during COVID were able to expanded our services outside of out geographical area to a few surrounding cities. Our online workshops were never funded by any outside
organizations.
12. When there is an overflow of clients, how is it
determined whom to serve?
Children are selected on a first come first serve basis.
13. Discuss your program’s/project’s successes.
Since the program started in 2010 we have 70% of
participating families start a new business. Additionally, 7/7/22, 3:43 PM City Data Services - Madera
https://www.citydataservices.net/cities/maderca/app2022arc.pl?rpt=A232&prop=103&status=20 6/12 since the program inception, 90% of the students who have received the services have considerably increased their academics and overall growth.
14. Discuss your program’s/project’s past performance
(2015 to 2020).
In our twelve years of serving the community, the Pequenos Empresarios program has grown each year. We have
increased the number of children and families enrolled in the program. We have added more services and workshops.
We were able to provide PPE supplies and have been able to provide substantial information and updated regulations.
15. Discuss how your program/project shall document that it provides either a new service or a quantifiable increase in the level of service.
We've increased the age criteria from 7-12 to now 7-17. We are now offering our workshops to all high schools in
Madera County. We have also provided information about
local resources available to out community.
CLIENT POPULATION
1. Indicate the total number of potential clients in
the community who require your services. 28,541
2. Indicate the Total number of Unduplicated
Clients you intend to serve during the term of this
proposed program/service (12 months).
500
3. If this program was funded last year, has there
been a change in the composition of the target
population to be served and/or shift in the
geographic target area?
Yes
No
4. Are income criteria used to establish eligibility for services? (If yes, attach a copy of the documentation
to establish income eligibility by household size and
household gross annual income. Acceptable forms of
documentation include two years of tax documents,
six months of paycheck stubs, six months of
checking and savings statements, retirement
accounts, 401(b)(3) or 401K plans, etc.
Yes
No
5. Is a fee schedule used?
(If yes, attach a copy of the fee schedule.)
Yes
No
Please explain your answer to #3 above. Limit your
@
0 @
0 0
@
7/7/22, 3:43 PM City Data Services - Madera
https://www.citydataservices.net/cities/maderca/app2022arc.pl?rpt=A232&prop=103&status=20 7/12 response to the space below
expanded the age required to attend the program.
AGE
0-5 0
6-12 200
13-17 200
18-34 70
35-54 30
55-59 0
60-64 0
65+ 0
Total 500
GENDER
Female 300
Male 200
Total 500
Female-Headed
Households
30 Ethnic Categories* Clients
Hispanic or Latino 500
Not-Hispanic or Latino 0
Total 500
Racial Categories* Clients
American Indian or
Alaska Native
0 Asian 0
Black or African
American
0 Native Hawaiian or Other
Pacific Islander
0 White 0
Other 500
Total 500
*Public reporting burden for this collection is estimated to average 10 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This
information is authorized by the U.S. Housing Act of 1937 as amended, the Housing and Urban Rural Recovery Act of
1983 and Housing and Community Development Technical
Amendments of 1984. This information is needed to be in compliance with OMB-mandated changes to Ethnicity and
7/7/22, 3:43 PM City Data Services - Madera
https://www.citydataservices.net/cities/maderca/app2022arc.pl?rpt=A232&prop=103&status=208/12 Racecategoriesforrecordingthe50059Data Requirements
toHUD. Thisinformationisconsiderednon-sensitive and
doesnotrequire anyspecialprotection. • Hispanic or Latino. A person of Cuban, M exican, Puerto
Rican, SouthorCentralAmerican, orotherSpanishculture
ororigin, regardlessofrace. Theterm“Spanishorigin”can
beusedin additionto"Hispanic"or"Latino."
•NotHispanicorLatino. ApersonnotofCuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. • American Indian or Alaska Native. A person having origin s
in anyoftheoriginalpeoplesofNorth andSouthAmerica
(includingCentralAmerica), andwhomaintainstribal
affiliationorcommunity attachment. • Asian. A person having origins in an yoftheoriginal
peoplesoftheFarEast, SoutheastAsia,ortheIndian
subcontinentincluding, forexample, Cambodia,China,
India,Japan, Korea,Malaysia,Pakistan, thePhilippine
Islands, Thailand andVietnam. • Black or African American. A personhavingoriginsin any
oftheblackracialgroupsofAfrica.Termssuch as“Haitian”
canbeusedin additionto"Black"or"AfricanAmerican."
•NativeHawaiianorOtherPacificIslander. Apersonhaving
originsin anyoftheoriginalpeoplesofHawaii, Guam, Samoa, or other Pacific Islands. • White. A person having origins in any of the original peoples of Europe, the Middle East or North Africa.
E. CITIZEN PARTICIPATION:
Proposals should include evidence of citizen support for activity. 1. What was done to receive public input /participation?
Pleaseprovidedetails. What were the outcom
es?
Includedocumentationofsupportfortheproposalsuch as
meetingminutes, letters andpetitions. Public participation was achieved thro ughsocialmedia ads, parents, family members and children spreading the word of our movement. Our community supported us by donating their time as well as food and supplies for our kids. They support us as volunteers by promoting our programs andservices.
7/7/22, 3:43 PM City Data Services - Madera
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2. Note complaints that have been received, etc.
No complaints received.
3. Provide evidence of collaboration with other agencies within the community.
Madera Mission, Mexican Consulate, Fresno Area Hispanic Foundation, Lideres Campesinas, Binational Central
California.
Evidence will be provided below.
F. REFERENCES:
Please provide the name, title, company/agency,
phone and email address for three references.
Staff will contact references and obtain “Yes” and
“No” responses for the following:
• Was your experience working with this agency
successful?
• Have you seen at least one very successful project
developed by this organization/agency?
• Do you think they are doing a good job in Madera?
Name: Emlen MilesMattingly
Title:CEO
Company/Agency Gennext
Wealth
Tel. Number: 559-681-
9838
Email Address: [email protected]
Name: Olga Nunez Title: Director
Company/Agency California State
University Fresno Foundation
Tel. Number:
559-545-8415
Email Address: [email protected]
Name: Dora Westerlund Title: CEO
Company/Agency Fresno Area
Hispanic Foundation
Tel. Number: 559-
577-2975
Email Address: [email protected]
SPONSORING AGENCY MANAGEMENT :
CORPORATION DIRECTORS:
How often does the Board meet? 1 / Month
What was the average number of Board members attending
7/7/22, 3:43 PM City Data Services - Madera
https://www.citydataservices.net/cities/maderca/app2022arc.pl?rpt=A232&prop=103&status=20 10/12 meetings last year? 6
Based on the bylaws, what is the minimum and maximum
number of seats on the Board?
Minimum: 3 Maximum: 7
Date of Incorporation: 10/28/2013
FINANCIAL:
If additional funds are received, please describe the source, the amount and provide supportingdocumentation.
Wells Fargo $20,000 approval pending
Vaccinate ALL 58 $5,000 approval pending
Fresno Area Hispanic Foundation- $1,200 received
City of Madera $2,453 received
Graduation funding
Creative Leadership Associates $300
Prime AG $700
Sabor es poder $700
Central Valley lawn care $300
Jose Ramirez $250
CVRC services $300
Madera Martial Arts $300
Jose Soliz $1,000
New York life $1,200
Maria Tapia $300
EC services $300
Welcome Tech $700
How often are financial records audited, and by whom?
Financial records are done once a month. Done by Maria
Vargas Treasurer
Are the treasurer and/or other financial officers bonded? Yes No
If so, for how much?
List any judgments or pending lawsuits against the agency or program:
none
List any outstanding obligations:
none
Budget Line Item Madera Other Funding Program Total
Personnel Lines needed:
Benefits $0
@ 0
I : : : I
7/7/22, 3:43 PM City Data Services - Madera
https://www.citydataservices.net/cities/maderca/app2022arc.pl?rpt=A232&prop=103&status=20 11/12 Taxes $0
Subtotal
Personnel $0 $0 $0
Non-Personnel
Move-In
Assistance $0
Supplies &
Materials $7,925 $7,925
Equipment $0
Communications $4,186 $4,186
Meetings &
Convenings $0
Travel &
Transportation $0
Training $0 $0
Consulting $0
Evaluation $0
Other Lines needed: 7
Payroll $30,000 $30,000
workshops $8,600 $8,600
graduations $6,000 $6,000
Utilities $2,514 $2,514
insurance $2,913 $2,913
Teachers &
Trainers $17,100 $17,100
Rent $10,120 $10,120
Subtotal NonPersonnel $89,358 $0 $89,358
Total Personnel
& Non-Personnel $89,358 $0 $89,358
Indirect Costs $0
TOTAL $89,358 $0 $89,358
Proposed # of
Persons Served: 500
Cost per
Individual $179
Attachments
(Upload Instructions)
Checked attachments below are REQUIRED in order to submit your application, and your application WILL NOT be able to be submitted with missing required attachments! ·---------
7/7/22, 3:43 PM City Data Services - Madera
https://www.citydataservices.net/cities/maderca/app2022arc.pl?rpt=A232&prop=103&status=20 12/12 Please take this into consideration when timing your submission of this application. The documents you need to upload are checked below. If you have other attachments you would like to include, please check the box and, if Other, identify the Attachment in the box. If you are unable to upload any of the attachments, contact Marcela Zuniga at 559- 661-3692 or [email protected] at least one day prior to the deadline.
Attachment Link or Explanation for Missing
Attachments
Articles of Incorporation and Bylaws ARTS-PB-338.pdf
P.E_BY-LAWS_OF334.pdf
Organization Chart We do not have a current chart at the moment
Non-Profit Determination Letters, IRS &
State (501.3.c)
501_c368.png
secretaryofstate341.pdf
STATE_OF_CALIFORNIA40.pdf
Most Recent Financial Statements 30_de_abril_de_2022336.pdf 30_de_abril_de_2022337.pdf
Most Recent Audit & Findings, if any No Audits
Program Intake Policies N/A
Client Intake Form client_form.pdf
Evaluation Document N/A
Board Certification N/A
Board Roster BoardofDirectors342.docx
Income Certification Form N/A
Other - state_farm340.pdf
Other - Children Questionnaire empresarios.JPG
EMPRESARIOS35.pdf
EMPRESARIOS34.pdf
EMPRESARIOS33.pdf
Submitted By: Leonor Hipolito
Date Signed 06/17/2022
Approved By: Marcela Zuniga
Date Signed 06/17/2022
Initially submitted: May 26, 2022 - 15:44:09
Returned to Draft 06-17-2022 by Madera
Reason: Please submit a revised budget.
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City of Madera
Grants Department
Marcela Zuniga
Grants Administrator
205 West 4th Street
Madera, CA 93637
Phone: 559-661-3692
Email: [email protected]
Program:
Agency:
CITY OF MADERA
COMMUNITY DEVELOPMENT DEPARTMENT
PROJECT PROGRESS REPORT
Highlighted entries are from the previous report. You may use the "Click to Copy" checkboxes to copy this information to the current report.
Date: IDIS #:
Agency Name: PO #:
Agency Address
Program Name: Grant Year: Report Period:
Program Description:
Prepared By: Phone #:
E-mail:
1. ACCOMPLISHMENTS
Measures Goal Q1 Q2 Q3 Q4
Year-End
Total
2. Income Data - Unduplicated PERSONS Served View AMI Table -- NOTE: Income table is pre-filled from Race/Ethnicity Presumed Beneficiary:
Q1 Q2 Q3 Q4 Year-End Total
Extremely Low Income (0 - 30% AMI)
Very Low Income (31 - 50% AMI)
Low Income (51 - 80% AMI)
Moderate Income (> 80% AMI)
TOTALS
Exhibit C
---- VAHEY CINTRAl
3. Race/Ethnicity Data - Unduplicated PERSONS Served
Characteristic Q1 Q2 Q3 Q4 Year-End Total
#
Served ?
Hisp ?
#
Served Hisp
#
Served Hisp
#
Served Hisp
#
Served Hisp
White 0 0
Black/African American 0 0
Asian 0 0
Amer. Indian/Alaskan
Native
0 0
Native Hawaiian/Pacific
Isl.
0 0
Amer. Indian/White 0 0
Asian/White 0 0
Black/White 0 0
Amer. Indian/Black 0 0
Other 0 0
TOTAL 0 0 0 0
4. Other Demographic Data
Enter number of Unduplicated PERSONS Served for each line item Q1 Q2 Q3 Q4 YTD
Homeless
Female-Headed Households
Disabled/Special Needs
Madera Residents
1. Performance and Progress
a. Restate your agency's Major Activities and Performance Measures under your contract's Scope of Work.
You have 2000 characters left.
b. Describe the progress that has been achieved on each activity during this reporting period.
Upload charts/tables to show supplemental cumulative numbers if helpful.
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2. Program/Project Changes
a. If you had any significant modifications in your program/project, please describe them.
You have 2000 characters left.
b. How did these modifications help your program/project achieve your goals and objectives? You have 2000 characters left.
3. Program/Project Problems, Challenges, or Concerns
a. Identify any agency problems, challenges, or concerns during this reporting period.
You have 2000 characters left.
b. How are your annual performance goals impacted by these problems, challenges, or concerns? You have 2000 characters left.
4. Program/Project Problems, Challenges, or Concerns
a. Describe the impact that your program/project has had on clients and the community - e.g., How did your program/project's activities benefit your clients and the City of Madera? How did your program/project help reduce the number of persons living in poverty? If applicable, how did your program/project provide economic opportunities for your clients?
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b. If applicable, how did your agency maintain and/or expand activities to prevent those currently housed from becoming homeless?
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Uploaded Documents: (Up to 20 documents can be attached) Click here to go to the Upload Documents page (Your report will be saved) City Data Services - San Mateo, CA
Copyright © 2007-2022. City Data Services. All rights reserved. --------------------- -
Exhibit D
COMMUNITY DEVELOPMENT BLOCK GRANT CERTIFICATIONS
A. Federal Common Rule Requirements, including, but not limited to, Executive Order 11246, as amended by Executive Orders 11375 and 120860 and implementing regulations issued at 41 CFR Chapter 60; Davis-Bacon Act as amended (40 U.S.C. 276 a to a-7 and 29 CFR, Part 5); Copeland "Anti-Kick Back" Act (18 U.S.C. 874 and 29 CFR, Part 3); Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330 and 29 CFR, Part 5); Section 306 of the Clean Air Act (42 U.S.C. 0857 (h); Section 506 of the Clean Water Act (33 U.S.C. 1368); Executive Order 11738; Environmental Protection Agency Regulations (40 CFR Part 15); and applicable sections of 24 CFR 85.
Also in the common rule are mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with Energy Policy and Conservation Act (Pub L. 94 - 163 ).
B. Office of Management and Budget Circulars No. -21, A-102 revised, A-87, A-110, A-122 and A-128 as they relate to the acceptance and use of Federal funds under this program.
C. Executive Order 11063, as amended by Executive Order 11259, and implementing regulations at 24 CFR Part 107, as they relate to non-discrimination in housing.
D. The Architectural Barriers Act of 1968 ( 42 U .S.C. 4151 ).
E. Clean Air Act of 1970 (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. l 251 et seq.).
F. Bidding requirements contained in the California Public Contracts Code.
G. The relocation requirements of Title II and the acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act) and HUD implementing regulations, 24 CFR Part I as it relates to prohibiting discriminatory action under any activity receiving Federal funds.
H. Provisions of the California Water Code Section 55350 et. sequens.
I. Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352) and implementing regulations 24 CFR Part I as it relates to prohibiting discriminatory action under any activity receiving Federal funds.
J. Title VIII of the Civil Rights Act of 1968, (Pub. L. 90-284) as amended and implementing regulations 24 CFR l 07 as it relates to fair housing.
K. Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112) as amended and implementing regulations when published for effect as they relate to non-discrimination against the handicapped.
L. The Age Discrimination Act of 1975, (Pub. L. 94-135) as amended, and implementing regulations contained in 10 CFR Part 1040 and 45 CFR Part 90.
M. The lead based paint requirements of24 CFR Part 35 Subpart B issued pursuant to the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et.seq.).
N. Section 109 of the Housing and Community Development Act of 1974, as amended, and the regulations issued pursuant thereto (24 CFR Section 570.601) as it relates to prohibiting discriminatory actions and activities funded by Community Development Funds.
0. Section 3 of the Housing and Urban Development Act of 1968, as amended and implementing regulations at 24 CFR Part 135.
P. Executive Order 11988 relating to the evaluation of flood hazards and Executive Order 11288 relating to the prevention, control, and abatement of water pollution.
Q. The flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (Pub. L. 93-234).
R. No member, officer or employee of the Grantee, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, and that it shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this certification.
S. Additionally, all conflict requirements noted in 24 CFR 570.611 shall be complied with by all parties.
T. Title I of Section 104(b)(5) of the Housing and Community Development Act as amended and implementing regulations at 24 CFR 570.200 relating to Special Assessments.
U. Section l 06 of the National Historic Preservation Act and implementing regulations at 36 CFR Part 800.
V. The Endangered Species Act of 1973, as amended, and implementing regulations at SO CFR Part 402.
W. Title I of the Housing and Community Development Act of 1974, as amended, and implementing regulations contained in 24 CFR Part 570 and in 24 CFR Part 85.
X The use of CDBG funds by a religious organization shall be subject to those conditions as prescribed by HUD for the use ofCDBG funds by religions organizations in accordance with Section 570.200G) of the Federal CDBG regulations.
Y. All contracts shall include a "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions" as required by 29 CFRPart98.
Exhibit E
U.S. Department of Hou1ing and Urban Development
COMMUNITY PLANNING AND DEVELOPMENT
Special Attention of:
All Secretary's Representatives
All State/Area Coordinators
All CPD Office Directors
All FHEO Field Offices
All CDBG Grantees
Notice CPD- 00-lO
Issued: December 26, 2000
Expires: December 26, 200 I
Subject: Accessibility for Persons with Disabilities to Non-Housing Programs funded by Community Development Block Grant Funds - Section 504 of the Rehabilitation Act of 1973, the Americans With Disabilities Act, and the Architectural Barriers Act I. Purpo1e
The purpose of this Notice is to remind recipients of Federal funds under the Community Development Block Grant (CDBG) Program of their obligation to comply with Section 504 of the Rehabilitation Act of 1973, HUD's implementing regulations (24 CFR Part 8), the Americans with Disabilities Act, (ADA) and its implementing regulations, (28 CFR Parts 35, 36), and the Architectural Barriers Act (ABA) and its implementing regulations (24 CFR Parts 40, 41) in connection with recipients' non-housing programs.
This Notice describes key compliance elements for non-housing programs and facilities assisted under the CDBG programs. However, recipients should review the specific provisions of the ADA, Section 504, the ABA, and their implementing regulations in order to assure that their programs are administered in full compliance.
Applicability
This Notice applies to all non-housing programs and facilities assisted with Community Development Block Grant Funds (e.g. public facilities and public improvements, commercial buildings, office buildings, and other non-residential buildings) and facilities in which CDBG activities are undertaken (e.g., public services). A separate Notice is being issued concerning Federal accessibility requirements for housing programs assisted by recipients ofCDBG and HOME program funds.
II. Section 504 of the Rehabilitation Act of 1973
Section 504 of the Rehabilitation Act of 1973, as amended, provides "No otherwise qualified individual with a disability in the United States ... shall, solely by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance ... ". HlJD's regulations implementing the Section 504 requirements can be found at 24 CFR Part 8.
Part 8 requires that recipients ensure that their programs are accessible to and usable by persons with disabilities. Part 8 also prohibits recipients from employment discrimination based upon disability.
The Section 504 regulations define "recipient" as any State or its political subdivision, any instrumentality of a State or its political subdivision, any public or private agency, institution organization, or other entity or any person to which Federal financial assistance is extended for any program or activity directly or through anotherrecipient, including any successor, assignee, or transferee of a recipient, but excluding .tru; .ul1i.maJ.I:: beneficiary of the assistance (24 Cf R pB,3) For the purposes of Part 8, redpicols iocJude States and localities that are grantees and subgrantees under the CDBG program, their subrecipients, community-based development organizations, businesses, and any other entity that receives CDBG assistance, but not low and moderate income beneficiaries of the program. CDBG grantees are responsible for establishing policies and practices that they will use to monitor compliance of all covered programs, activities, or work performed by their subrecipients, contractors, subcontractors, management agents, etc.
Non-housing Programs
New Construction -- Part 8 requires that new non-housing facilities constructed by recipients of Federal financial assistance shall be designed and constructed to be readily accessible to and usable by persons with disabilities. (24 CFR §8.21 (a))
Alterations to facilities -- Part 8 requires to the maximum extent feasible, that recipients make alterations to existing non-housing facilities to ensure that such facilities are readily accessible to and usable by individuals with disabilities. An element of an existing non-housing facility need not be made accessible, if doing so, would impose undue financial and administrative burdens on the operation of the recipients program or activity. (24 CFR §8.21 (b))
Existing non-housing facilities• A recipient is obligated to operate each non-housing program or activity so that, when viewed in its entirety, the program or activity is readily accessible to and usable by persons with disabilities. (24 CFR §821 (c))
Recipients are not necessarily required to make each of their existing non-housing facilities accessible to and usable by persons with disabilities if when viewed in its entirety, the program or activity is readily accessible to and usable by persons with disabilities. 24 CFR §8.21 (c)( I) Recipients are also not required to take any action that they can demonstrate would result in a fundamental alteration in the nature of its program or activity or cause an undue administrative and financial burden. However, recipients are still required to take other actions that would not result in such alterations, but would nevertheless ensure that persons with disabilities receive the benefits and services of the program. (24 CFR §8.2 l(c)(iii)) Historic Preservation - Recipients are not required to take any actions that would result in a substantial impairment of significant historic features of an historic property, However, in such cases where a physical alteration is not required, the recipient is still obligated to use alternative means to achieve program accessibility, including using audio-visual materials and devices to depict those portions of
an historic property that cannot be made accessible, assigning persons to guide persons with disabilities into or through portions of historic properties that cannot be made accessible, or otherwise adopting other innovative methods so that individuals with disabilities can still benefit from the program. (24CFR §8.2 l(c)(2)(ii))
Accessibility Standards
Design, construction, or alteration offacilities in conformance with the Uniform Federal Accessibility Standards (UFAS) is deemed to comply with the acccssibili~ n,suirements for nonhousing facilities.
Recipients may depart from particular technical and scoping requirements ofUFAS where substantially equivalent or greater accessibility and usability is provided. (24 CFR §8.32) For copies of UFAS, contact the HUD Distribution Center at J-800-767-7468; deaf, hard of hearing, or speech-impaired persons may access this number via TIY by calling the Federal Information Relay Service at 1-800-877-8339.
Where a property is subject to more than one law or accessibility standard, it is necessary to comply with all applicable requirements. In some cases, it may be possible to do this by complying with the stricter requirement, however, it is also important to ensure that meeting the stricter requirement also meets both the scoping and technical requirements of overlapping laws or standards.
Employment
Section 504 also prohibits discrimination based upon disability in employment. See 24 CFR Part 8, SubpartB.
Section 504 Self Evaluations
The Section 504 regulations required recipients of Federal financial assistance to conduct a self.. evaluation of their policies and practices to determine if they were consistent with the law's requirements.
This self evaluation was to have been completed no later than July 11, 1989. Title II of the ADA imposed this requirement on all covered public entities. The ADA regulations required that ADA self evaluations be completed by January 26, 1993, although those public entities that had already performed a Section 504 self evaluation were only required to perform a self-evaluation on those policies and practices that had not been included in the Section 504 review.
The regulatory deadlines are long past. However, self-evaluation continues to be an excellent management tool for ensuring that a recipient's current policies and procedures comply with the requirements of Section 504 and the ADA.
Involving persons with disabilities in the self-evaluation process is very beneficial. This will assure the most meaningful result for both the recipient and for persons with disabilities who participate in the recipient's programs and activities. It is important to involve persons and/or organizations representing persons with disabilities, and agencies or other experts who work regularly with accessibility standards.
Page J of 7
Important steps in conducting a self-evaluation and implementing its results include the following:
• Evaluate current policies and practices and analyze them to determine if they adversely affect the full participation of individuals with disabilities in its programs, activities and services. Be mindful of the fact that a policy or practice may appear neutral on its face, but may have a discriminatory effect on individuals with disabilities. • Modify any policies and practices that are not or may not be in compliance with Section 504 or Title 11 and Title m nfthe ADA regulations (See24 CEB Part 8 :md.2!LCER 2atts35 ___ _ ___ _
36.)
• Take appropriate corrective steps to remedy those policies and practices which either are discriminatory or have a discriminatory effect. Develop policies and procedures by which persons with disabilities may request a modification of a physical barrier or a rule or practice that has the effect oflimiting or excluding a person with a disability from the benefits of the program.
• Document the self-evaluation process and activities. The Department recommends that all recipients keep the self-evaluation on file for at least three years, including records of the individuals and organizations consulted, areas examined and problems identified, and document modifications and remedial steps, as an aid to meeting the requirement at 24 CFR Part 8.55.
The Department also recommends that recipients periodically update the self-evaluation, particularly, for example, if there have been changes in the programs and services of the agency. In addition, public entities covered by Title II of the ADA should review any policies and practices that were not included in their Section 504 self-evaluation and should modify discriminatory policies and practices accordingly.
III. The Americans With Disabilities Act of 1990
The Americans With Disabilities Act of 1990 (ADA) guarantees equal opportunities for persons with disabilities in employment, public accommodations, transportation, State and local government services, and telecommunications. Unlike Section 504 which applies only to programs and activities receiving Federal financial assistance, the ADA applies even ifno Federal financial assistance is given.
The U.S. Department of Justice enforces Titles I, II, and Ill of the ADA, although the Equal Employment Opportunity Commission investigates administrative complaints involving Title I.
Title I prohibits discrimination in employment based upon disability. The regulations implementing Title I are found at 29 CFR Part 1630. The Equal Employment Opportunity Commission (EEOC) offers technical assistance on the ADA provisions applying to employment.
These can be obtained at the EEOC web site www.eeoc.gov, or by calling 800-669-3362 (voice) and 800- 800-3302 (TTY).
-----
Title II prohibits discrimination based on disability by State and local governments. Title II essentially extended the Section 504 requirements to services, programs, and activities provided by States, local governments and other entities that do not receive Federal financial assistance from HUD or another Federal agency. CDBG grantees are covered by both Title II and Section 504. The Department of Justice Title II regulations are found at 28 CFR Part 35.
Title II also requires that facilities that are newly constructed or altered, by, on behalf of, or for use of a _ ublic enti~, be desi ned and constructed in a manner that makes the facili readil accessible to and usabl.e by persons with disabilities. (28 CFR §35.151 (a) & (b)) Facilities constructed or altered in conformance with either UF AS or the ADA Accessibility Guidelines for Buildings and Facilities (ADAAG) (Appendix A to 28 CFR Part 36) shall be deemed to comply with the Title II Accessibility requirements, except that the elevator exemption contained at section 4.1.3(5) and section 4.1.6(1 )G) of ADAAG shall not apply. (28CFR §35.151 (c))
Title II specifically requires that all newly constructed or altered streets, roads, and highways and pedestrian walkways must contain curb ramps or other sloped areas at any intersection having curbs or other barriers to entry from a street level or pedestrian walkway and that all newly constructed or altered street level pedestrian walkways must have curb ramps at intersections . Newly constructed or altered street level pedestrian walkways must contain curb ramps or other sloped areas at intersections to streets, roads, or highways. (28CFR §35.151 (e))
The Title II regulations required that by January 26, 1993, public entities (State or local governments) conduct a self-evaluation to review their current policies and practices to identify and correct any requirements that were not consistent with the regulation. Public entities that employed more than 50 persons were required to maintain their self-evaluations on file and make it available for three years. lfa public entity had already completed a self-evaluation under Section 504 of the Rehabilitation Act, then the ADA only required it to do a self-evaluation of those policies and practices that were not included in the previous self-evaluation. (28 CFR §35. !05)
The Department of Justice offers technical assistance on Title II through its web page at www.usdoj.gov/crt/ada/taprog.htm, and through its ADA Information Line, at 202 514-0301 (voice and 202-514-0383 (TTY). The Department of Justice's technical assistance materials include among others, the Title II Technical Assistance Manual with Yearly Supplements, the ADA guide for Small .Towns, and an ADA Guide entitled The ADA and City Governments: Common Problems, Title III prohibits discrimination based upon disability in places of public accommodation (businesses and non-profit agencies that serve the public) and "commercial" facilities (other businesses). It applies regardless of whether the public accommodation or commercial facility is operated by a private or public entity, or by a for profit or not for profit business. The Department of Justice Title III regulations are found at 28 CFR Part 36. The Department of Justice also offers technical assistance concerning Title Ill through the web page cited above and the ADA Hotline cited above.
Page S of 7
Justice also offers technical assistance concerning Title Ill through the web page cited above and the ADA Hotline cited above.
IV. The Architectural Barriers Act of1968
The Architectural Barriers Act of I 968 (ABA) (42 U.S.C. 4 I 51-4157) requires that certain buildings financed with Federal funds must be designed, constructed, or altered in accordance with standards that ensure accessibility for persons with physical disabilities. The ABA covers any building or facility financed in whole or in part with Federal funds, exce t rivatel -owned residential structures. Covered huildin sand facilities desi ned constructed, or altered with CDBG funds are subJect to th·e ABA and must comply with the Uniform Federal Accessibility Standards (UFAS). (24 CFR 570.614) In practice, buildings built to meet the requirements of Section 504 and the ADA, will conform to the requirements of the ABA.
V. HUD Resources Available Concerning Section 504
Further information concerning compliance with Section 504 may be obtained through the HUD web page (http://www.hud.gov/fhe/504/sect504.btmO. Additional assistance and information may be obtained by contacting the local Department of Housing and Urban Development Office of Fair Housing and Equal Opportunity field office. Below is a list of the phone numbers for these offices.
CPD FHEO
Boston,MA 617 565-5345 617 565-5310
Hartfonl, CT 806 240-4800 x3059 860 240-4800
New\'ork, NY 212 264-0771 x3422 212 264-1290
Buffalo,NY 716 551-5755 x5800 716 551-575S
Newark,NJ 973 622-7900 x3300 973 622-7900
Philadelphia, PA 215 6S6-0624 x3201 215 656-0661
Pittsburgh, PA 412 644-2999 412 355-3167
Baltimore, MD 410 962-2520 x307l 410 962-2520
Richmond, VA 804 278-4503 x3229 804 278-4504
Washington, DC 202 275-0994 x3 163 202 275-0848
Atlanta, GA 404 331-5001 x2449 404 331-1798
Birmingham, AL 205 290-7630 x I 027 205 290-7630
South Florida 305 S36-4431 x2223 305 536-4479
Jacksonville, FL 904 232-1777 x2 I 36 904 23 2-1 777
San Juan, PR 787 766-5400 x2005 787 766-5400
Loui!lville, K\I 502 582-6163 x214 502 582-6163 x230
Jackson, MS 60 I 965-4 700 x3 140 601 965-4700 x2435
Knoxville, TN 865545-4391 xl21 865 545-4379
Greensboro, NC 336 547-4005 336 547-4050
Columbia, SC 803 765-S564 803 765-5936
Chicago, IL 312 353-1696 x2702 312 353-7776
Minneapolis, MN 612 370-3019 x2107 612370-318S
Page6 of 7
Detroit, Ml
Milwaukee, WI
Columbu11, OH
[ndlanapolis, IN
Little Rock, AK
Oklahoma City, OK
Kan1a11 City, KS
Omaha,NE
St, Louis, MO
New Orlean!1, LA
Fort Worth, TX
San Antonio, TX
Albuquerque, NM
Denver,CO
San Frandsco, CA
Los Angeles, CA
Honolulu, HI
Phoenix,AZ
Seattle, WA
Portland, OR
Manchester, NH
Anchorage, AK
Houston, TX
313 226-7908 x80SS
414 297-3214 x8100
614 469-5737 x8240
317 226-6303 x6790
501 324-6375
405 553-7569
913 551-5485
402 492-3181
JJ 4 539-6524
504 589-7212 x3047
817 978-5934 x595 l
210 4 75-6820 x2293
505 346-727] x7361
303 672-5414 xl326
415 436-6597
213 894-8000 x3300
808 522-8180 x264
602 379-4754
206 220-5150 x3606
503 326-7018
603 666-7640 x7633
907 271-3669
313 226-6280
414 297-3214
614 469-5737 x8170
317 226-7654
501 324-6296
405 553-7426
913 551-5834
402 492-3109
3 I 4 539-632'.Z
504 589-7219
817 978-5870
210 475-6885
sos 346-7327
303 672-5437
415 436-6569
213 894-8000 x3400
808 522-8180
602 379-6699 5261
206 220-5170
503 326-3349
713 313-2274
Page7 of7
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF MADERA, CALIFORNIA, APPROVING A 2022/23 COMMUNITY DEVELOPMENT BLOCK GRANT SUBRECIPIENT AGREEMENT FOR SERVICES ($34,000) WITH
MADERA COALITION FOR COMMUNITY JUSTICE
WHEREAS, the City Council has considered approval of the 2022/23 Community Development Block Grant Subrecipient Agreement with Madera Coalition for Community Justice in the amount of $34,000 (“Agreement”); and WHEREAS, a copy of the Agreement is attached hereto as Exhibit 1 and incorporated by reference.
NOW, THEREFORE, the City Council of the City of Madera finds, determines, resolves and orders as follows:
1. The recitals listed above are true and correct.
2. The Council approves the Agreement between the City and Madera Coalition for Community Justice.
3. This resolution is effective upon receipt of written confirmation from the U.S.
Department of Housing and Urban Development of the City of Madera 2022/23 Action Plan approval.
4. The Director of Financial Services is hereby authorized to take such action to implement the terms of the Resolution.
5. The City Clerk with concurrence from the City Attorney is authorized to make clerical and non-material corrections to this resolution and the Agreement.
6. This resolution is effective immediately upon adoption. *****
----
COMMUNITY DEVELOPMENT BLOCK GRANT
SUBRECIPIENT AGREEMENT
BETWEEN THE CITY OF MADERA AND MADERA COALITION FOR COMMUNITY JUSTICE This Community Development Block Grant Subrecipient Agreement (“Agreement”) is entered into, effective on the date of July 1, 2022, by and between the City of Madera (“City”) and MADERA COALITION FOR COMMUNITY JUSTICE, hereafter referred to as "SUBRECIPIENT."
RECITALS
A. This Agreement sets forth the responsibilities of City and Subrecipient in accomplishing the objectives of the United States Department of Housing and Urban Development (HUD) Community Development Block Grant as set forth in the Housing and Community Development Act of 1974, (hereinafter referred to as “CDBG”), as amended.
B. The City has been designated as the sponsoring agency to administer and implement the program for the Community Development Block Grant (CDBG) activities of the CITY, and in accordance with the provisions of Title I of the Housing and Community Development Act of 1974, as amended, and the laws of the State of California.
C. Under the CDBG regulations the City may grant the CDBG funds to nonprofit organizations or public agencies for certain purposes.
D. City agrees to engage the services of Subrecipient, and Subrecipient agrees to perform the services for CITY hereinafter described, for the compensation, during the term, and otherwise subject to the covenants and conditions hereinafter set forth.
AGREEMENT
1. Services
The Subrecipient shall provide all services and responsibilities as set forth in the project design, which is attached to this Agreement, marked as EXHIBIT "B", and incorporated herein by reference.
2. Funding and Method of Payment
a. Compensation
Payments shall be made after receipt and verification of actual expenditures incurred by the Subrecipient in the performance of this Agreement and shall be documented to the City by the tenth (10th) day of the month following the end of each quarter. Allowable expenditures under this Agreement are specifically established, attached and incorporated by reference as EXHIBIT “A".
The total obligation of the City under this Agreement shall not exceed $34,000 in fiscal year 2022- 2023. Any compensation not consumed by expenditures of the SUBRECIPIENT by the expiration of this Agreement shall automatically revert to the CITY. b. Public Information
The Subrecipient shall disclose in all public information its funding source. c. Lobbying Activity
The Subrecipient shall not directly or indirectly use any of the funds provided under this Agreement for publicity, lobbying, or propaganda purposes designed to support or defeat legislation pending before the Congress of the United States or the Legislature of the State of California.
d. Political Activity
The Subrecipient shall not directly or indirectly use any of the funds under this Agreement for any political activity or to further the election or defeat of any candidate for public office.
3. Fiscal Compliance
The SUBRECIPIENT shall be subject to the same fiscal regulations imposed on CITY by the U. S. Department of Housing and Urban Development for the use of CDBG funds.
4. Program Income
SUBRECIPIENT shall report quarterly all program income as required under 24 CFR 570.503(b)(3) generated by activities carried out with CDBG funds made available under this Agreement. The use of program income by the SUBRECIPIENT shall comply with the requirements set forth at 24 CFR 570.504. By way of further limitations, the Subrecipient may use such income during the contract period for activities permitted under this Agreement and shall reduce requests for additional funds by the amount of any such program income balance on hand. All unexpended program income shall be returned to City at the end of the contract period. Any interest earned on cash advances from the U.S. Treasury and from funds held in a revolving fund account is not program income and shall be remitted promptly to City.
5. Compliance with Laws
If the SUBRECIPIENT receives CDBG funding under this Agreement, SUBRECIPIENT shall comply with all rules and regulations established pursuant to the Housing and Community Development Act of 1974 and its amendments and Uniform Administrative Requirements under 24 CFR 570.503(b)(4). The Subrecipient and any subcontractors shall comply with all applicable local, State and Federal regulations, including but not limited to those requirements listed in Community Development Block Grant certifications attached hereto and incorporated herein by reference as EXHIBIT “D”.
6. Administrative Requirements/Financial Management/Accounting Standards
Subrecipient agrees to comply with 24 CFR 84.21-28 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred.
7. Costs Principles
Subrecipient shall administer its program in conformance with OMB Uniform Guidance.
These principles shall be applied for all costs incurred whether charged on a direct or indirect basis.
8. Contract Administration
City shall retain the right to administer this Agreement to verify that Subrecipient is performing its obligations in accordance with the terms and conditions of this Agreement.
Subrecipient and City shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof.
9. Period of Performance (Term of Agreement)
The Subrecipient shall commence performance under this Agreement on July 21, 2022, and shall end its performance June 30, 2023, unless terminated sooner as provided for elsewhere in this Agreement. The Agreement may be extended by written modification of the parties.
10. Records
a. Record Establishment and Maintenance
Subrecipient shall establish and maintain records in accordance with those requirements prescribed by City, with respect to all matters covered by this Agreement. Subrecipient shall retain all fiscal books, account records, and client files for services performed under this Agreement for at least three (3) years from the date of the final payment under this Agreement or until all State and Federal audits are completed for that fiscal year, whichever is later. Pursuant to State and Federal law, it is the intent of the parties to this Agreement that the Subrecipient shall be reimbursed for actual costs incurred in the performance of this Agreement but that no profit is to accrue to the Subrecipient on account of such performance.
SUBRECIPIENT shall maintain all records required by the Federal regulations specified in 24 CFR 570.506 that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to:
1. Records providing a full description of each activity undertaken;
2. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program;
3. Records required to determine the eligibility of activities;
4. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance;
5. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program;
6. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21-28; and
7. Other records necessary to document compliance with 24 CFR 570.503(b)(5). b. Reports/Required Notifications
The Subrecipient shall submit reimbursement claims with substantiating invoices and timecards signed by both the employee and applicable Authorizing Official of the Subrecipient. Reports shall consist of the Quarterly Reporting Form. This form is contained in EXHIBIT “C” attached hereto and incorporated herein by reference.
The Subrecipient shall also furnish to the City such statements, records, reports, data, and information as the City may request pertaining to matters covered by this Agreement. In the event that the Subrecipient fails to provide such reports, it shall be deemed sufficient cause for the City to withhold payments until there is compliance. In addition, the Subrecipient shall provide written notification and explanation to the CITY within five (5) days of any funds received from another source to conduct the same services covered by this Agreement.
City shall notify Subrecipient in writing within thirty (30) days of any potential State or Federal exception discovered during an examination. Where findings indicate that program requirements are not being met and State and Federal participation in this program may be imperiled in the event that corrections are not accomplished by Subrecipient within thirty (30) days, written notification shall constitute City’s intent to terminate this Agreement.
Subrecipient shall report to City promptly and in written detail, each notice of claim of copyright infringement received by Subrecipient with respect to all subject data delivered under this Agreement. Subrecipient shall not affix any restrictive markings upon any data. If markings are affixed, City shall have the right at any time to modify, remove, obliterate, or ignore such markings. c. CDBG Reporting Requirements
The City will inform Subrecipient in writing if CDBG funds are provided under this Agreement, which require Subrecipient to submit an application or to complete a record as an integral part of receiving these funds.
Subrecipient shall submit with each quarterly invoice copies of paid invoices/receipts, copies of cash receipts or checks used to pay each invoice submitted, copies of timecards and related pay stubs for reimbursement.
11. Assignment
Subrecipient may not assign or transfer their obligation of this Agreement or any rights hereunder without the prior written consent of the other party.
12. Subcontracts
If the Subrecipient should propose to subcontract with one or more third parties to carry out a portion of those services described in EXHIBIT "B" insofar as it deems proper or efficient, any such subcontract shall be in writing and approved by the CITY prior to execution and implementation. Any such subcontract, together with all other activities performed, or caused by the Subrecipient, shall not allow compensation greater than the total project budget contained in EXHIBIT "A." An executed copy of any such subcontract shall be submitted to the City before any implementation and shall be retained by the City.
The Subrecipient shall be responsible to the City for the proper performance of any subcontract. Any subcontractor shall be subject to all of the same terms and conditions that the Subrecipient is subject to under this Agreement. No officer or director of the Subrecipient shall have any direct monetary interest in any subcontract made by the Subrecipient. A direct monetary interest contrary to this paragraph shall be deemed to exist, if an officer or director of the Subrecipient is also an owner, officer, or director of a corporation, association, or partnership subcontracting with the Subrecipient.
In addition, if the Subrecipient receives CDBG funds under this Agreement, the subcontractor shall be subject to CDBG federal regulations, including those listed in EXHIBIT "D".
13. Conflict of Interest
No officer, employee, or agent of the City who exercises any function or responsibility for planning and carrying out of the services provided under this Agreement shall have any direct or indirect personal financial interest in this Agreement. The Subrecipient shall comply with the provisions of 24 CFR 570.611 with respect to conflicts of interest and covenants hat it presently has no financial interest, direct or indirect, which would conflict in any manger or degree with the performance of this Agreement. The Subrecipient further covenants that in the performance of this Agreement, no person having such a financial interest shall be employed or retained by Subrecipient.
14. Discrimination
a. Eligibility for Services
The Subrecipient shall prepare and make available to the CITY and to the public all eligibility requirements to participate in the program plan set forth in EXHIBIT "B." No person shall, on the grounds of race, color, national origin, sex, religion, age, or disability status, be excluded from participation in, and denied the benefits of, or be subjected to discrimination with respect to the services funded under this Agreement.
The Subrecipient’s services shall be accessible to the physically disabled, and the services of a translator, signer or assistive listening device shall be made available. Subrecipient, in its marketing materials, shall specify assistance to access its services is available for deaf and hardof-hearing persons by calling 711 or 1-800-735-2929 and, for voice users, 1-866-735-2922 for TTY Relay Services. Subrecipient shall comply with requirements set forth in EXHIBIT E, Accessibility for Persons with Disabilities to Non-Housing Programs funded by Community Development Block Grant Funds – Section 504 of the Rehabilitation Act of 1973, the Americans With Disabilities Act, and the Architectural Barriers Act.
b. Employment Opportunity
The Subrecipient shall comply with the CITY policy, the Community Development Block Grant regulations, and the Equal Employment Commission guidelines, which forbids discrimination against any person on the grounds of race, color, national origin, sex, religion, age, familial status, disability status, or any other status protected by law in employment practices.
Such practices include retirement, recruitment advertising, hiring, layoff, termination, upgrading, demotion, transfer, rates of pay or other forms of compensation, use of facilities, and other terms and conditions of employment.
c. Suspension of Compensation
If an allegation of discrimination occurs, the City shall withhold all further funds until the Subrecipient can show by clear and convincing evidence to the satisfaction of the City that funds provided under this Agreement were not used in connection with the alleged discrimination. d. Nepotism
Except by written consent of the City, no person shall be employed by the Subrecipient who is related by blood or marriage or who is a member of the Board of Directors or an officer of the Subrecipient. In the event HUD determines a CDBG-funded Subrecipient’s organization/agency operations violate federal rules and regulations with regard to nepotism and/or conducts business and a conflict of interest issue arises, then Subrecipient shall accept all responsibility to return any CDBG funds received from City.
15. Termination
a. This Agreement may be immediately terminated by City for cause where in the determination of City, any of the following conditions exist: (1) an illegal or improper use of funds, (2) failure to comply with any terms of this Agreement, (3) a materially incorrect or incomplete report, (4) an improper performance of services.
b. Any one of or combination of the above conditions will constitute grounds for suspension or termination of the Agreement. In no event shall any payment by the City hereunder constitute a waiver by the City of any breach of this Agreement or any default which may then exist on the part of the Subrecipient, nor shall such payment impair or prejudice any remedy available to the City with respect to the breach of default. When there is a breach of this Agreement, as defined by this section, the City may, in its sole discretion, immediately suspend or terminate this Agreement.
c. City shall have the option to terminate this Agreement without obligation of City to reimburse Subrecipient from the date the Federal or State Government withholds or fails to disburse funds to City. In the event such government withholds or fails to disburse funds, City shall give Subrecipient notice of such funding limitation or termination within a reasonable time after City receives notice of same.
d. Upon thirty (30) days written notice to the other party, either party may terminate this Agreement without cause. Notice shall be deemed served upon mailing.
16. Amendments
Adjustment of any line item within the total approved budget contained in EXHIBIT “A” or changes in the nature or scope of the program plan set forth in EXHIBIT “B” may be approved in writing by the City Manager, or his designee.
17. Administration
The City of Madera Grants Administration Department shall administer this Agreement.
18. Evaluation
The City shall monitor and evaluate the performance of the Subrecipient under this Agreement to determine to the best possible degree the success or failure of the services provided under this Agreement and the adequacy of the program plan contained in EXHIBIT "B." The Subrecipient shall participate in evaluation of the program.
Subrecipient shall cooperate fully with City, State and Federal agencies, which shall have the right to monitor and audit all work performed under this Agreement.
Subrecipient shall also agree to on-site monitoring and personal interviews of participants, Subrecipient’s staff, and employees by appropriate City staff on at least a quarterly basis.
19. Governing Law
Any controversy or claim arising out of or relating to this Agreement which cannot be amicably settled without court action shall be litigated only in Madera, California. The rights and obligations of the parties and all interpretations and performance of this Agreement shall be governed in all respects by the laws of the State of California.
20. Reversion of Assets
The Subrecipient must obtain prior written approval from the City whenever there is any modification or change in the use of any property acquired or improved, in whole or in part, using CDBG funds. If any real or personal property acquired or improved with CDBG funds is sold and/or is utilized by the Subrecipient for a use which does not qualify under the CDBG program, the Subrecipient shall reimburse the City in an amount equal to the current fair market value of the property, less any portion thereof attributable to expenditures of non-CDBG funds. These requirements shall continue in effect for the life of the property. In the event the CDBG program is closed-out, the requirements of this Section shall remain in effect for activities or property funded with CDBG funds, unless action is taken by the Federal government to relieve the City of these obligations.
21. Breach of Agreement
In the event the SUBRECIPIENT fails to comply with any of the terms of this Agreement, the CITY may, at its option, deem the SUBRECIPIENT’s failure as a material breach of this Agreement and utilize any of the remedies set forth in 24 CFR 85.43 or that it deems appropriate.
Should the CITY deem a breach of this Agreement material, the CITY shall immediately be relieved of its obligations to make further payment as provided herein. In addition to the Agreement being terminated by the CITY in accord with a material breach of this Agreement by the SUBRECIPIENT, this Agreement may also be terminated for convenience by the CITY in accord with 24 CFR 85.44.
22. No Third-Party Beneficiaries
This Agreement is not intended to create and does not create any rights in or benefits to any third party, nor will it be deemed to confer rights or remedies upon any person or legal entity not a party to this Agreement.
23. Indemnification
Subrecipient shall indemnify, defend, and hold harmless the City, and its officers, employees, and agents (“City indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Subrecipient’s performance of its obligations under this agreement or out of the operations conducted by Subrecipient, including the City’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Subrecipient’s performance of this agreement, the Subrecipient shall provide a defense to the City indemnitees, or at the City’s option, reimburse the City indemniteestheir costs of defense, including reasonable legal counsels’ fees, incurred in defense of such claims.
24. Independent Contractor
Subrecipient and its subcontractors shall perform this Agreement as independent contractors and not as officers, employees, agents or volunteers of City. Nothing contained in this Agreement shall be deemed to create any contractual relationship between City and Subrecipient’s employees or subcontractors, nor shall anything contained in this Agreement be deemed to give any third party, including but not limited to Subrecipient’s employees or subcontractors, any claim or right of action against City.
25. Insurance Requirements for Subrecipients
Without limiting Subrecipient’s indemnification of City, and prior to commencement of Work, Subrecipient shall obtain, provide, and continuously maintain at its own expense during the term of the Agreement, and shall require any and all Subcontractors and Subconsultants of every Tier to obtain and maintain, policies of insurance of the type and amounts described below and in form satisfactory to the City.
Minimum Scope and Limits of Insurance
Subrecipient shall maintain limits no less than:
$500,000 General Liability (including operations, products and completed operations) per occurrence, $1,000,000 general aggregate, for bodily injury, personal injury and property damage, including without limitation, blanket contractual liability. Coverage shall be at least as broad as Insurance Services Office (ISO) Commercial General Liability coverage form CG 00 01.
$500,000 Automobile Liability combined single limit per accident for bodily injury or property damage at least as broad as ISO Form CA 00 01 for all activities of Subrecipient arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles. This provision shall not apply if Subrecipient’s activities do not include driving in the performance of the proposed scope of work.
Worker’s Compensation as required by the State of California and $500,000 Employer’s Liability per accident for bodily injury or disease.
Maintenance of Coverage
Subrecipient shall procure and maintain, 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 hereunder by Subrecipient, its agents, representatives, employees, subcontractors or subconsultants as specified in this Agreement.
Proof of Insurance
Subrecipient shall provide to the City certificates of insurance, as required, as evidence of the insurance coverage required herein. Insurance certificates must be approved by the City prior to commencement of performance. Current evidence of insurance shall be kept on file with the City at all times during the term of this Agreement. Agency reserves the right to require complete, certified copies of all required insurance policies, at any time.
Acceptable Insurers
All insurance policies shall be issued by an insurance company currently authorized by the Insurance commissioner to transact business of insurance in the State of California, with an assigned policyholders’ Rating of A- (or higher) and a Financial Size Category Class VII (or larger), in accordance with the latest edition of Best’s Key Rating Guide.
Enforcement of Contract Provisions (non estoppel)
Subrecipient acknowledges and agrees that any actual or alleged failure on the part of the City to inform Subrecipient of non-compliance with any requirement imposes no additional obligations on the City, nor does it waive any rights hereunder.
Specifications not Limiting
Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If Subrecipient maintains higher limits than the minimums required above, the entity shall be entitled to coverage at the higher limits maintained by Subrecipient.
Notice of Cancellation
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Subrecipient agrees to oblige its insurance agent or broker and insurers to provide to the City with thirty (30) calendar days’ notice of cancellation (except for nonpayment for which ten (10) calendar days’ notice is required) or nonrenewal of coverage for each required coverage.
Self-insured Retentions
Any self-insured retentions must be declared to and approved by the City. The City reserves the right to require that self-insured retentions be eliminated, lowered or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by the City’s Risk Manager.
Timely Notice of Claims
Subrecipient shall give the City prompt and timely notice of claims made or suits instituted that arise out of or result from Subrecipient’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
Additional Insurance
Subrecipient shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgement may be necessary for its proper protection and prosecution of the Work.
26. Violation of Federal Rules and Regulations
In the event HUD determines a CDBG-funded Subrecipient has violated Federal rules and regulations and HUD requires repayment of CDBG funds, then Subrecipient shall repay any CDBG funds within 90 days of a written request from CITY.
27. General Provisions
a. Entire Agreement
This Agreement constitutes the entire agreement between Subrecipient and City with respect to the subject matter hereof and supersedes all previous negotiations, proposals, commitments, writings, advertisements, publications and understandings of any nature whatsoever unless expressly included in this Agreement. b. Notice.
Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid first-class mail:
To the City:
City of Madera – Grants Department
205 W. 4th St.
Madera, CA 93637
To the Subrecipient:
MADERA COALITION FOR COMMUNITY JUSTICE
Madera, CA 93638
559 416-7401, CA
at his/her address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
c. Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. d. Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement that are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. e. Execution in Counterparts.
This Agreement may be executed in counterparts such that the signatures may appear on separate signature pages. A copy or an original, with all signatures appended together, shall be deemed a fully executed Agreement.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective officers thereunto duly authorized as set forth below.
CITY OF MADERA: MADERA COALITION FOR COMMUNITY JUSTICE:
By: ___________________________________ By: ______________________________ Santos Garcia, Mayor Madera Coalition for Community Justice Date: __________________________________ Date: ______________________________ ATTEST: APPROVED AS TO LEGAL FORM:
By: ___________________________________ By: _________________________________ Alicia Gonzales, City Clerk Hilda Cantú Montoy, City Attorney Date: __________________________________ Date: _______________________________ Exhibit A
FY 2022-2023 Budget
MADERA COALITION FOR COMMUNITY JUSTICE
Madera Coalition for Community Justice
Budget Line Item Madera
Personnel Lines needed: 1
Coordinator $9,000.00
Benefits $1,000.00
Taxes $500.00
Subtotal Personnel $10,500.00
Non-Personnel
Move-In Assistance $0
Supplies & Materials $100.00
Equipment
Communications $600.00
Meetings & Convenings $0
Travel & Transportation $50.00
Training
Consulting
Evaluation
Other Lines needed: 1
Rental Assistance grants $22,000.00
Subtotal Non-Personnel $22,750.00
Total Personnel & Non-Personnel $33,250.00
Indirect Costs $750.00
TOTAL $34,000.00
Number of Persons Served: 130
Cost per Individual $262
7/7/22, 3:43 PM City Data Services - Madera
https://www.citydataservices.net/cities/maderca/app2022arc.pl?rpt=A241&prop=12&status=20 1/17 Choose Font: 20
CDBG 2022/2023 GRANT APPLICATION
PUBLIC SERVICES, CAPITAL PROJECTS, & PUBLIC IMPROVEMENTS Exhibit B – Project/Program Summary
Application Type Public Service
Legal Name of
Organization:
Madera Coalition for Community
Justice
Name of Project: Madera Rental Assistance Project (MRAP) Street Address/Service
Area of Project: 219 S D st
City: Madera Zip: 93638
Amount Requested for
this Project: $86,825
Amount of Leveraged
Funds Available for this
Project:
$0
Mailing Address: Madera, CA 93638
City: 559 416-7401 Zip:
Grant Administrator : Baldwin
Moy Title: Grant manager
Phone: Email: Madera, CA 93638
SAM Number: System for Award Management (Formerly,
CCR) Number
UEI Number: 219 S. D St. Federal EIN/TIN Number:
77-0391942
Program/Project
Administrator: 219 S D Street Title: Madera, CA 93638
Phone: 559-674-5389 Email: 219 S. D St.
Type of Entity/Organizational Structure Non-Profit
Brief Project Description(50 Words Max):In the aftermath of the pandemic moratorium and the expiration of the
State's Housing is Key, many families are facing eviction due to nonpayment of rent. The simple fact is that their income is not keeping pace with the spiking cost of living. MRAP will help stem the increase in eviction and homelessness by tiding them over during periods of hardship.
CDBG PUBLIC SERVICES APPLICATION
1. SUMMARY OF COMMUNITY NEED OR PROBLEM TO BE
ADDRESSED:(Describe the community need or problem to
V
7/7/22, 3:43 PM City Data Services - Madera
https://www.citydataservices.net/cities/maderca/app2022arc.pl?rpt=A241&prop=12&status=202/17 be addressedbytheproposedprogram. Statehow andby
whomtheneedwasidentified. Citeyoursources(e.g., U.S. 20XX Census Data Table X.) There is nothing more devastating to a family than being homeless because it disrupts every aspect of the day-to-da y
livesoffamilymembers. Likewise, thereisnothingmore
destabilizingfor a communitythantohave a largenumber
ofresidentssuddenlybecominghomelesswithnohousing
especiallygiventhe area’sstatichousingstock. Thereisthe obvioushealth andsafetydangersposed. Butstressors
beginbuildinguplongbeforethe actualevictioncausing an
increaseindomesticviolence, child abuse, drug and alcohol abusewhichtake a frightfultollonfamilies. Assuch, itis
themostpressingemergencyneedinMadera evenmoreso
thanfoodsecurity. ThefeaturedheadlineoftheMay2, 2022
editionoftheFresnoread: FresnotopsCA , USommonth-
to-monthrisein apartmentrents.”Thesamecanbesaid
aboutMadera byextensionsinceit’s just acrosstheriver
andbothhousingmarkets areinextricablyintertwined. The need for affordable housing has been documented i n
thelocal jurisdiction’shousingplan andHUDConsolidated
Planformultipledecades. Thisis alsoreflectedinMadera
County andChowchilla’splanningdocuments. Theneedhas
becomemore acutewitheachsucceedingyear asfamilies
lookingforhousingoutstriptheproductionofnewhousing. This reached crises proportions with the advent of COVID. Even though the threat of COVID has receded, the specter of rising homelessness continues as existential threat notwithstanding the fact that the federal CARES Act I & II helped staved off massive evictions by providing a temporary reprieve. In the past six months the landlords have launched a frontal assault against AB 1482 ‘s rent cap by circumventing the law. Thus, once again, we are witnessing more and more tenants struggling with rent payment simply because their wages have not kept up with the ever-increasing cost-of living. As a consequence, many families are teetering on the brink of homelessness, experiencing transitory homelessness, overcrowding and/oroverpayingforhousing. Moreover, sincethe
beginningof2022, therehavebeen a delugeofevictions. The need for rental assistance in the City of Madera is a vas t
understatement. Overarching goal
ofMadera RentalAssistanceProgram
7/7/22, 3:43 PM City Data Services - Madera
https://www.citydataservices.net/cities/maderca/app2022arc.pl?rpt=A241&prop=12&status=203/17 (MRAP)istokeepfamiliesfacinglossofhousinghoused
whetherbykeepingthemintheircurrenthousing and
failingthat, puttingtheminnewhousing. Inthat
connection, a secondarygoalensuringthattheirutilities
areuninterrupted. Programsruleswillbeputinplace and
implementedtoensurethatthefunds areconserved, safeguarded and judiciously managed in order to max imize
thenumberoffamilies assisted. 2. EXISTING SERVICES: List oth er agenciescurrently
addressingtheneedorproblemdescribed above. The Madera County Rental, Mortgage and Utility A ssistance
ProgramwaslaunchedbythecountythispastJunetohelp
renters andhomeownerstohelpthemwiththeirhousing
andutilitypayments. Theprogramisopento allcounty
residentsupto150%ofaveragemedianincome. BothMCCJ
andCAPMCholdcontractswiththeCountyto assistin
qualifying applicantsanddisbursingthefunds. Thefunding
comesfromtheAmericanRescuePlanAct. Duetothemore
lenient andgenerousrulesoftheprogram, itis anticipated
thatfundswouldbeexhaustedwellbeforetheendofthe
program. CAPMC an
dCVOCreceivemoneyfromothersourcesthat
theyuseto assisttenantsunabletopayrent. However, the
amountis approximately$500 andinthecaseofthelatter, only migrant families are eligible. Suffice it to say that the pool of rental assistance for non-COVID impacted tenants facing eviction is small and totally inadequate. Madera County Department of Social Services provides welfare recipients facing imminent eviction with the first month’s rent and security deposit. However, this is confine d
tofamiliesonpublic assistance andmost aretenants are
notreceivingcash assistanceoreligibleduetolegalstatus. More importantly, this fact is provided after the fact and no t
tokeepfamiliesfromlosingtheirhousinginthefirst
instance. Thefactofthematteristhatitisnearimpossible
tofindnewhousingonceevictednotwithstanding
availabilityoffirstmonth’srent anddeposit. 3. Explain how your program supplements o rcomplements
existingserviceswithoutduplicatingthem. It will supplement existing services. 7/7/22, 3:43 PM City Data Services - Madera
https://www.citydataservices.net/cities/maderca/app2022arc.pl?rpt=A241&prop=12&status=204/17 TotheextentthatMCCJwillbe assistingfamiliesunableto
payrent, mortgage and/orutilitiesintheforthcomingfiscal year, theproposedMadera RentalAssistanceProgramwill
seamlesslyworkintandemwiththeexistingprograms. These programs are a one-time per year only. (For work ing
familieslivingonthemargins, a lotcanhappenin
12months. It’spredictablethattheywillencounterfinancial hardships.)MRAP affordsMCCJtheflexibilityto assist
tenantfamiliesbyresortingtoyet anotherresource. Additionally, MCCJ operates PG&E's Reach program an d
California PublicUtilityCommission'sTEAMprogram. The
formeris a utilitypayment assistanceprogram andthe
latter a utilitybilldispute. Further, staffwillreferhome- ownerswho arebehindinmortgagepaymentstoCalifornia
RuralLegalAssistancethat assistinloanmodifications. Still further, asitdidpreviously, MRAPwillbe abletocontinue
counselingtenantfamilies aboutemployeesickpaydueto
COVID(SB114), otherrights andvariousincome
replacementopportunitiesmakingit a holisticprogram, i.e., one- stop shop. MRAP will do the following: • Assist families facing eviction due to nonpayment of rent which are not COVID related; Amounts will vary between $500 to $1500. • Households seeking assistance will be provided with and required to complete an application and furnish supporting documents. All applications will be reviewed to determine the merits of their requests and amount of assistance granted. Decision whether to issue a grant and the amount will be completed within 48 hours. All payment disbursed will be made to the vendor (e.g., landlord). Staff will investigate to verify information provided. • Staff will conduct outreach to publicize the program to residents of the City of Madera through its community networks and recruit the assistance of local agencies, nonprofits and faith institutions to refer clients in need. Staff also utilize local media (e.g., Madera Tribune, Radio Bilingue, Univision, etc.) as well. • Services will be provided during business hours on a daily basis from MCCJ's office in downtown Madera. The manner in which intake will occur will be in-person, by phone, digitally or virtually depending on the State and local 7/7/22, 3:43 PM City Data Services - Madera
https://www.citydataservices.net/cities/maderca/app2022arc.pl?rpt=A241&prop=12&status=205/17 protocolgoverningCOVID-19. • If applicable, information, as sistanceorreferralto
HousingIsKey. • All applicants
seekingfinancial assistancewillbe
counseledontheavailabilityofotherresources, financial
assistance, benefits, rights& jobprotections, andservices to assistthedistressedfamiliesinmorethan just
preventingevictions andutilityshutoffs. (E.g., UIB, SDI, paid orunpaidleave(California PaidSickDays, FamilyMedical
LeaveAct & California FamilyRightsAct); private and
governmentrelieffunds; housingrentdeferment and
mortgageforbearanceprograms andmitigationoptions; health advisory; local food distribution and free meal sit es, etc.) Also, immigrants will be informed about eligibility for various public programs. Program Protocol Maximum monthly rental assistance or mortgage payment is $1000 per households. Allowable maximum is $3000. Eligibility • Applicant family must reside in the City of Madera at all times relevant to the making of the application. • Applicant must be either low- to moderate income accordingtoHUDincomeguidelines. • Applicant families who have been e victed andcurrently
withouthousing areeligibleforfirstmonth 'srent and
securitydepositofupto a maximumof$15
Applicantwhoformerlylivedin a householdthatreceived
financial assistanceunderthisprogram(rent, mortgage
and/orutilities)willbeineligibletorequest assistancein
his/herownstead. (MCCJreservestherightto allowfor
hardshipexceptionsoncase-by-casebasis.)
•Financial assistanceallowableforobtainingnewhousing
notresultingfromeviction. Assistance amounts • Maximum monthly rental as sistanceis$1000per
household. Grantwillcover asmanymonths as allowable
perthemaximumof$1500. • Each household is eligible
torequest assistanceonce. Time period • No financial assistance payment allowed that predate July
7/7/22, 3:43 PM City Data Services - Madera
https://www.citydataservices.net/cities/maderca/app2022arc.pl?rpt=A241&prop=12&status=206/17 1, 2022. • Any re
trospective applicationoffinancial assistance
toward a monthpriortoJuly1, 2022isnot allowed. (MCCJ
reservestherightto allowforhardshipexceptionsoncase-
by-casebasis.)
Priorities
Each applicationwillberatedbasedonthefollowing
prioritiesinnoparticularorderotherthan assuringthat
affectedfamiliesremainhoused andwithessentialservices. 1. Payment of assistance will stop the eviction process and allowthefamilytoremaininthehome. 2. Applicant has explored the potential ofenteringinto
repaymentplantoextinguish arrearagesinordertoreduce
the amountof assistancepaymentneeded. 3. No current income and/or savings. 4. Likelihood of re-employment or future e mploymentor
receiptofotherincomesources. 5. Ineligible for federal stimulus orstatefunds. 6. Ability to come up with matching funds to re ducethe
amountof assistanceneeded. 7. Likelihood of success in remai ninghousedorfindingnew
housingif assistanceisprovided. 8. Imminent of loss of housing. 9. No other viable options availab le. Applicants arerequired
totake advantageofotheroptions. Thisis a programoflast
resort. 10. Fir
stcome, firstserved. Timeline: This program wil
lcommenceonceitisfunded
whichis anticipatedtobethebeginningorearlyJune andit
willcontinueuntilJune30thorlateruntil allthefunds
allocatedforfinancialassistancetohouseholdsfacing
evictionsorutilityshutoffs areexhausted. Month 1: Recruit and hire staff (coordinat or and
supervisor; training; establishofficeprocedures; implement programmatic logistics; develop info handout; conduct outreach to publicize program and coordinate referrals. Month 2 through end of program: See clients Monday to Friday from 9 am to 5 pm and by appointments also -- interview, review application requesting financial assistance, counseling andreferral. Continueoutreachin
7/7/22, 3:43 PM City Data Services - Madera
https://www.citydataservices.net/cities/maderca/app2022arc.pl?rpt=A241&prop=12&status=20 7/17 community. Use media (Univision and Radio Bilingue) to
outreach to Spanish-speaking families
4. Describe the method used to measure the effectiveness (outcomes) of services. Identify measurable goals and
objectives. Attach a copy of the program's evaluation
documentation.
Evaluation will measure program outcomes and process.
Program effectiveness will be determined by comparing
accomplishments to the stated objectives and activities that will be set forth in an action plan. Important criteria include completion of tasks, attainment of goals and compliance with budget outlay.
There are important indicators that will measure the
number of applicants reached and served. A scoring rubric will be developed to allow staff to score each application to determine award of grant. Information from each
application will be entered on to a tally sheet review by program manager and provided to the City upon request for purposes of ongoing monitoring of program.
5. Mark the box below that indicates the national objective met:
Activities Benefiting Low and Moderate-Income Persons. 570.208(a) LMA-Area Benefit. 570.208(a)(1) Area-wide activities benefit ALL residents in a particular area, where at least of the people are low and moderate-income. The service area of the project must be specifically identified. If this objective is selected, upload a service area map that includes all Census Tracts and Block Groups served by your project and a calculation of the low/mod-income percentage. Click Here to verify Census Tracts and Block Groups for CDBG LMA Service Area Map
LMC-Limited Clientele. 570.208(a)(2).
Limited Clientele. 570.208(a)(2)(i) Activities benefit low and moderate-income (LMI) persons without regard to the area being served. At least of the persons participating in the activity must be low and moderate-income. Indicate how your
organization verifies income eligibility of clients.
Presumed Benefit. 570.208(a)(2)(i)(A) Clients served are primarily and specifically from one of the following groups:
Abused children
Battered spouse
0 0
0 0
0 7/7/22, 3:43 PM City Data Services - Madera
https://www.citydataservices.net/cities/maderca/app2022arc.pl?rpt=A241&prop=12&status=20 8/17 Ederly persons (62 years of age or older)
Illiterate persons
Migrant farm workers
Handicapped individuals
Homeless persons
Persons with AIDS
Client Document Review. 570.208(a)(2)(i)(b) Clients provide tax documents, pay stubs, etc., to verify income. Upload sample worksheet.
Income Certification. 570.208(a)(2)(i)(C) Clients independently "income-certify" on a form provided by the Grantee. This is primarily used for group meetings and not a preferred
method. Upload a blank "intake" form.
Limited Clientele. 570.208(a)(2)(ii) An activity that serves to remove material or architectural barriers to the mobility or accessibility of elderly persons or of adults meetig the definition of "severely disabled."
Limited Clientele. 570.208(a)(2)(iii) Microenterprise assistance activity to benefit new and existing microenterprises (five or fewer employees, including owner who is a low-mod person).
Limited Clientele. 570.208(a)(2)(iv) A job training and placement and/or other employment support services activity, including, but not limited to peer support programs, counseling, child care, transporation and other similar services, in which the
percentage of low- and moderate-income persons assisted is less than under limited circumstances under 24 CFR 570.208(a)(2)(iv), (a) and (b).
LMH-Housing Activities. 570.208(a)(3) An activity carried out for the purpose of providing or improving permanent residential structures, which, upon completion, will be occupied by low and moderate-income households.
LMJ-Jobs Activities. 570.208(a)(4) An activity designed to create or retain permanent jobs where at least of which, computed on a fulltime equivalent (FTE) basis, involve the employment of low and moderate-income persons.
Slum and Blight. 570.208(b) Activities that aid in the prevention or elimination of slums or blight.
For addressing Slum or Blight on an area basis, please Click Here for the regulations and criteria.
Urgent Need. 570.208(c) Community development activities having an urgent need. This objective rarely applies and is reserved for alleviating emergency situations such as natural disasters. 0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 7/7/22, 3:43 PM City Data Services - Madera
https://www.citydataservices.net/cities/maderca/app2022arc.pl?rpt=A241&prop=12&status=20 9/17
6. Which measurable objectives does your program meet?
Low- to moderate-income citizens will have access to safe, decent, and affordable housing.
Prevent and reduce homelessness.
7. How will your program meet its goals in one year?
Given the modest amount that is requested in the face of the high demand, it is anticipated that the funds will be quickly exhausted. The program will continue to operate to assist other tenants facing eviction by counseling and making
referrals to other resources.
There are no other resources.
Staff coordinator will vigilantly follow the action plan and activities adopted to ensure that all the goals are attained.
Board will provide oversight.
8. What financial resources, other than City are available for this program? Have applications for other funds been
submitted? Explain. If funds other than CDBG are proposed, please provide supporting documentation/letters of
commitment.
N/A
9. Describe in detail all proposed plans for fund raising for this program. What is the projected net income from fund raising? If net fund raising is not increasing, please explain (be specific).
There are no proposed plans for fund raising at this time.
However, if opportunities arise in the future, MCCJ is
committed to pursuing them.
10. What was done to receive public input/participation? Please provide details. What did the public
input/participation identify? Include documentation of
support for the proposal such as meeting minutes, letters and petitions.
7/7/22, 3:43 PM City Data Services - Madera
https://www.citydataservices.net/cities/maderca/app2022arc.pl?rpt=A241&prop=12&status=20 10/17 The pandemic really tamped things down in terms of faceto-face meetings. It has received comments from its constituent families in its parent leadership classes,
preschool, and other service programs. While it did not initiate a formal survey, through its many different projects at different sites and its work with other stakeholder
agencies and entities in Madera over a number of years, MCCJ has been made aware of the dire housing needs
especially now when they have been ratcheted up due to
the pandemic from all these different sources. In that
regard, the fear of evictions and utility shutoff cascading in the months ahead has been a real pressing concern.
There were no records maintained that documented this
need.
11. If service is offered outside the Madera city limits, include the list of funding sources and supporting
documentation/letters of commitment that support these
program services.
N/A
12. When there is an overflow of clients, how is it
determined whom to serve?
Every client will be interviewed. If they are not eligible or otherwise no receiving a grant, they will still receive counseling and referrals made where appropriate to other services and resources.
13. Discuss your program’s/project’s successes.
MCCJ has been receiving CDBG funding since 2001 for
different projects. It has received funding for its youth projects in the last ten years. All of the CDBG funded
programs over those years were successfully completed. In 2017, it received a grant to initiate a public art space in downtown Madera. As it relates to the current application, Madera Youth Leaders have engaged in a number of art
projects including: 1) a tribute to 9/11 (“Look back in tribute, go forward in unity”; 2) Cesar Chavez Day
celebration at MUSD; 3) “Paint Downtown” interactive
exhibit at Old Timers Day in the park; 4) wall mural at 126 N. B St.; 5) Black Lives street mural at same address; and 6) 7/7/22, 3:43 PM City Data Services - Madera
https://www.citydataservices.net/cities/maderca/app2022arc.pl?rpt=A241&prop=12&status=20 11/17 “We Are One” mural exhibit currently installed at the Circle Art Gallery ( https://www.youtube.com/watch?
v=Pk5vSqwUXto). See photo attachments of the
aforementioned.
14. Discuss your program’s/project’s past performance
(2015 to 2020).
MCCJ has been receiving CDBG funding since 2001 for
different projects. It has received funding for its youth projects in the last ten years. All of the CDBG funded
programs over those years were successfully completed. In 2017, it received a grant to initiate a public art space in downtown Madera. As it relates to the current application, Madera Youth Leaders have engaged in a number of art
projects including: 1) a tribute to 9/11 (“Look back in tribute, go forward in unity”; 2) Cesar Chavez Day
celebration at MUSD; 3) “Paint Downtown” interactive
exhibit at Old Timers Day in the park; 4) wall mural at 126 N. B St.; 5) Black Lives street mural at same address; and 6) “We Are One” mural exhibit currently installed at the Circle Art Gallery ( https://www.youtube.com/watch?
v=Pk5vSqwUXto). See photo attachments of the
aforementioned.
15. Discuss how your program/project shall document that it provides either a new service or a quantifiable increase in the level of service.
Records will be kept of all participants and running
summary of activities/services undertaken.
CLIENT POPULATION
1. Indicate the total number of potential clients in
the community who require your services. 250
2. Indicate the Total number of Unduplicated
Clients you intend to serve during the term of this
proposed program/service (12 months).
250
3. If this program was funded last year, has there
been a change in the composition of the target
population to be served and/or shift in the
geographic target area?
Yes
No
4. Are income criteria used to establish eligibility for services? (If yes, attach a copy of the documentation
Yes
No
0 @
@
0 7/7/22, 3:43 PM City Data Services - Madera
https://www.citydataservices.net/cities/maderca/app2022arc.pl?rpt=A241&prop=12&status=20 12/17 to establish income eligibility by household size and
household gross annual income. Acceptable forms of
documentation include two years of tax documents,
six months of paycheck stubs, six months of
checking and savings statements, retirement
accounts, 401(b)(3) or 401K plans, etc.
5. Is a fee schedule used?
(If yes, attach a copy of the fee schedule.)
Yes
No
Please explain your answer to #3 above. Limit your
response to the space below
AGE
0-5 40
6-12 50
13-17 60
18-34 50
35-54 40
55-59 10
60-64
65+
Total 250
GENDER
Female 140
Male 110
Total 250
Female-Headed
Households 60
Ethnic Categories* Clients
Hispanic or Latino 180
Not-Hispanic or Latino 70
Total 250
Racial Categories* Clients
American Indian or
Alaska Native
Asian 20
Black or African
American 30
Native Hawaiian or Other
Pacific Islander
White 48
Other 152
Total 250
*Public reporting burden for this collection is estimated to average 10 minutes per response, including the time for 0 @
7/7/22, 3:43 PM City Data Services - Madera
https://www.citydataservices.net/cities/maderca/app2022arc.pl?rpt=A241&prop=12&status=20 13/17 reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This
information is authorized by the U.S. Housing Act of 1937 as amended, the Housing and Urban Rural Recovery Act of
1983 and Housing and Community Development Technical
Amendments of 1984. This information is needed to be in compliance with OMB-mandated changes to Ethnicity and
Race categories for recording the 50059 Data Requirements to HUD. This information is considered non-sensitive and does not require any special protection.
• Hispanic or Latino. A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. The term “Spanish origin” can be used in addition to "Hispanic" or "Latino."
• Not Hispanic or Latino. A person not of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race.
• American Indian or Alaska Native. A person having origins in any of the original peoples of North and South America (including Central America), and who maintains tribal
affiliation or community attachment.
• Asian. A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian
subcontinent including, for example, Cambodia, China,
India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand and Vietnam.
• Black or African American. A person having origins in any of the black racial groups of Africa. Terms such as “Haitian” can be used in addition to "Black" or "African American." • Native Hawaiian or Other Pacific Islander. A person having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands.
• White. A person having origins in any of the original peoples of Europe, the Middle East or North Africa.
E. CITIZEN PARTICIPATION:
Proposals should include evidence of citizen support for activity.
1. What was done to receive public input/participation? Please provide details. What were the outcomes?
7/7/22, 3:43 PM City Data Services - Madera
https://www.citydataservices.net/cities/maderca/app2022arc.pl?rpt=A241&prop=12&status=20 14/17 Include documentation of support for the proposal such as meeting minutes, letters and petitions.
Back in 2017-8, MCCJ sponsored Zocalo Madera, a public
art space that hosted monthly events. Each event was
attended by over 100 participants,/attendees. Additionally, one middle school and both high school classes
participated. In its Black Lives Matter street mural (2021), the total participation exceeded 150. In its 2021-22, the events (paint parties) averaged over 75 youth each.
Residents of the community regularly go by the wall mural that was install to see the art work. Street art is very popular inter-generationally but especially the younger population. One local official recently commented that the corner of 5th and B St. is the one bright spot in the
downtown.
No official records mantained.
2. Note complaints that have been received, etc.
None.
3. Provide evidence of collaboration with other agencies within the community.
In the past 30 years, MCCJ has collaborated, cooperated and coordinated activities with local government, agencies, community organizations and the faith community. More
specifically, as it relates to this project, it regularly work with CAPMC, CVOC, Madera Housing Authority, Camarena
Health Center, MUSD, MCPHD, MCDSS, St. Joachim Church,
and local businesses.
F. REFERENCES:
Please provide the name, title, company/agency,
phone and email address for three references.
Staff will contact references and obtain “Yes” and
“No” responses for the following:
• Was your experience working with this agency
successful?
• Have you seen at least one very successful project
7/7/22, 3:43 PM City Data Services - Madera
https://www.citydataservices.net/cities/maderca/app2022arc.pl?rpt=A241&prop=12&status=20 15/17 developed by this organization/agency?
• Do you think they are doing a good job in Madera?
Name: Eddie Ocampo Title:Director
Company/Agency Self-Help
Housing
Tel. Number: 559-802-
1683
Email Address: [email protected]
Name: Ara Kelegian Title: Principal
Company/Agency Ripperdan
Community School
Tel. Number: 559-
674-0059
Email Address: [email protected]
Name: Mattie Mendez Title: Executive
Director
Company/Agency Community
Action Partnership Madera County
Tel. Number:
559-675-5749
Email Address: [email protected]
SPONSORING AGENCY MANAGEMENT :
CORPORATION DIRECTORS:
How often does the Board meet? monthly
What was the average number of Board members attending
meetings last year? 6
Based on the bylaws, what is the minimum and maximum
number of seats on the Board?
Minimum: 4 Maximum: 14
Date of Incorporation: 1994
FINANCIAL:
If additional funds are received, please describe the source, the amount and provide supportingdocumentation.
N/A.
How often are financial records audited, and by whom?
bienally
Are the treasurer and/or other financial officers bonded? Yes No
If so, for how much?
List any judgments or pending lawsuits against the agency or program:
None.
List any outstanding obligations:
None.
Madera Other Funding Program Total
0 7/7/22, 3:43 PM City Data Services - Madera
https://www.citydataservices.net/cities/maderca/app2022arc.pl?rpt=A241&prop=12&status=20 16/17 Budget Line Item
Personnel Lines needed: 1
Coordinator $22,880 $0 $22,880
Benefits $1,610 $0 $1,610
Taxes $1,015 $0 $1,015
Subtotal
Personnel $25,505 $0 $25,505
Non-Personnel
Move-In
Assistance $0 $0
Supplies &
Materials $200 $0 $200
Equipment $0
Communications $420 $0 $420
Meetings &
Convenings $0 $0 $0
Travel &
Transportation $300 $0 $300
Training $0
Consulting $0
Evaluation $0
Other Lines needed: 1
Rental Assistance
grants
$55,000 $55,000
Subtotal NonPersonnel $55,920 $0 $55,920
Total Personnel
& Non-Personnel $81,425 $0 $81,425
Indirect Costs $5,400 $0 $5,400
TOTAL $86,825 $0 $86,825
Proposed # of
Persons Served: 250
Cost per
Individual $347
Attachments
(Upload Instructions)
Checked attachments below are REQUIRED in order to submit your application, and your application WILL NOT be able to be submitted with missing required attachments! Please take this into consideration when timing your submission of this application. The documents you need to upload are checked below. If you have other attachments you would like to include, please check the box and, if Other, identify the Attachment in the I I I
7/7/22, 3:43 PM City Data Services - Madera
https://www.citydataservices.net/cities/maderca/app2022arc.pl?rpt=A241&prop=12&status=20 17/17 box. If you are unable to upload any of the attachments, contact Marcela Zuniga at 559- 661-3692 or [email protected] at least one day prior to the deadline.
Attachment
Link or Explanation for Missing
Attachments
Articles of Incorporation and Bylaws
artofincorp.pdf
Organization Chart
org_chart_2.pdf
Non-Profit Determination Letters, IRS &
State (501.3.c)
irs_501c3.pdf
Most Recent Financial Statements
2022-budget.pdf
Most Recent Audit & Findings, if any
auditmccj21.pdf
Program Intake Policies Each project develops its own intake form Client Intake Form
File_Checklist_3.7.22-rap.docx
Evaluation Document N/A
Board Certification
MCCJ_Board_Cert_5-25-22_CDBG_Application_for_City_0332_001.pdf Board Roster
Board_of_Directors_LIst_2022.docx
Income Certification Form
2022incomeguideline.pdf
Other -
Other - xyz
Submitted By: Marcela Zuniga
Date Signed 06/17/2022
Approved By: Marcela Zuniga
Date Signed 06/17/2022
Approval Modified By
Date Signed //
Initially submitted: May 25, 2022 - 15:38:12
! I I
I I
I I
I I
I I
., ., ., -, -, D -, D -, -, -, D D
City of Madera
Grants Department
Marcela Zuniga
Grants Administrator
205 West 4th Street
Madera, CA 93637
Phone: 559-661-3692
Email: [email protected]
Program:
Agency:
CITY OF MADERA
COMMUNITY DEVELOPMENT DEPARTMENT
PROJECT PROGRESS REPORT
Highlighted entries are from the previous report. You may use the "Click to Copy" checkboxes to copy this information to the current report.
Date: IDIS #:
Agency Name: PO #:
Agency Address
Program Name: Grant Year: Report Period:
Program Description:
Prepared By: Phone #:
E-mail:
1. ACCOMPLISHMENTS
Measures Goal Q1 Q2 Q3 Q4
Year-End
Total
2. Income Data - Unduplicated PERSONS Served View AMI Table -- NOTE: Income table is pre-filled from Race/Ethnicity Presumed Beneficiary:
Q1 Q2 Q3 Q4 Year-End Total
Extremely Low Income (0 - 30% AMI)
Very Low Income (31 - 50% AMI)
Low Income (51 - 80% AMI)
Moderate Income (> 80% AMI)
TOTALS
Exhibit C
---- VAHEY CINTRAl
3. Race/Ethnicity Data - Unduplicated PERSONS Served
Characteristic Q1 Q2 Q3 Q4 Year-End Total
#
Served ?
Hisp ?
#
Served Hisp
#
Served Hisp
#
Served Hisp
#
Served Hisp
White 0 0
Black/African American 0 0
Asian 0 0
Amer. Indian/Alaskan
Native
0 0
Native Hawaiian/Pacific
Isl.
0 0
Amer. Indian/White 0 0
Asian/White 0 0
Black/White 0 0
Amer. Indian/Black 0 0
Other 0 0
TOTAL 0 0 0 0
4. Other Demographic Data
Enter number of Unduplicated PERSONS Served for each line item Q1 Q2 Q3 Q4 YTD
Homeless
Female-Headed Households
Disabled/Special Needs
Madera Residents
1. Performance and Progress
a. Restate your agency's Major Activities and Performance Measures under your contract's Scope of Work.
You have 2000 characters left.
b. Describe the progress that has been achieved on each activity during this reporting period.
Upload charts/tables to show supplemental cumulative numbers if helpful.
You have 2000 characters left.
2. Program/Project Changes
a. If you had any significant modifications in your program/project, please describe them.
You have 2000 characters left.
b. How did these modifications help your program/project achieve your goals and objectives? You have 2000 characters left.
3. Program/Project Problems, Challenges, or Concerns
a. Identify any agency problems, challenges, or concerns during this reporting period.
You have 2000 characters left.
b. How are your annual performance goals impacted by these problems, challenges, or concerns? You have 2000 characters left.
4. Program/Project Problems, Challenges, or Concerns
a. Describe the impact that your program/project has had on clients and the community - e.g., How did your program/project's activities benefit your clients and the City of Madera? How did your program/project help reduce the number of persons living in poverty? If applicable, how did your program/project provide economic opportunities for your clients?
You have 2000 characters left.
b. If applicable, how did your agency maintain and/or expand activities to prevent those currently housed from becoming homeless?
You have 2000 characters left.
Uploaded Documents: (Up to 20 documents can be attached) Click here to go to the Upload Documents page (Your report will be saved) City Data Services - San Mateo, CA
Copyright © 2007-2022. City Data Services. All rights reserved. --------------------- -
Exhibit D
COMMUNITY DEVELOPMENT BLOCK GRANT CERTIFICATIONS
A. Federal Common Rule Requirements, including, but not limited to, Executive Order 11246, as amended by Executive Orders 11375 and 120860 and implementing regulations issued at 41 CFR Chapter 60; Davis-Bacon Act as amended (40 U.S.C. 276 a to a-7 and 29 CFR, Part 5); Copeland "Anti-Kick Back" Act (18 U.S.C. 874 and 29 CFR, Part 3); Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330 and 29 CFR, Part 5); Section 306 of the Clean Air Act (42 U.S.C. 0857 (h); Section 506 of the Clean Water Act (33 U.S.C. 1368); Executive Order 11738; Environmental Protection Agency Regulations (40 CFR Part 15); and applicable sections of 24 CFR 85.
Also in the common rule are mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with Energy Policy and Conservation Act (Pub L. 94 - 163 ).
B. Office of Management and Budget Circulars No. -21, A-102 revised, A-87, A-110, A-122 and A-128 as they relate to the acceptance and use of Federal funds under this program.
C. Executive Order 11063, as amended by Executive Order 11259, and implementing regulations at 24 CFR Part 107, as they relate to non-discrimination in housing.
D. The Architectural Barriers Act of 1968 ( 42 U .S.C. 4151 ).
E. Clean Air Act of 1970 (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. l 251 et seq.).
F. Bidding requirements contained in the California Public Contracts Code.
G. The relocation requirements of Title II and the acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act) and HUD implementing regulations, 24 CFR Part I as it relates to prohibiting discriminatory action under any activity receiving Federal funds.
H. Provisions of the California Water Code Section 55350 et. sequens.
I. Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352) and implementing regulations 24 CFR Part I as it relates to prohibiting discriminatory action under any activity receiving Federal funds.
J. Title VIII of the Civil Rights Act of 1968, (Pub. L. 90-284) as amended and implementing regulations 24 CFR l 07 as it relates to fair housing.