Agenda packet, regular meeting — Madera City Council, July 20, 2022 (part 3 of 4)

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.

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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.

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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.

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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

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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.

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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.

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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
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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
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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 ($21,401.50) WITH

CITY OF MADERA, PARKS & COMMUNITY SERVICES
WHEREAS, the City Council has considered approval of the 2022/23 Community Development Block Grant Subrecipient Agreement with City of Madera, Parks and Community Services in the amount of $21,401.50 (“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 the City of Madera Parks and Community Services Department.

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 PARKS & COMMUNITY SERVICES DEPT.

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 PARKS & COMMUNITY SERVICES DEPT., 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 $21,401.50 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.

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 PARKS & COMMUNITY SERVICES DEPT.
701 E. 5th Street
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 PARKS & COMMUNITY SERVICES
DEPT.:

By: ___________________________________ By: ______________________________ Santos Garcia, Mayor Madera Parks & Community Services
Dept.

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 PARKS & COMMUNITY SERVICES DEPT.

Madera Parks & Community Services Dept.

Budget Line Item Madera
Personnel Lines needed: 1
Salaries $0.00
Benefits $0.00
Taxes
Subtotal Personnel $0.00
Non-Personnel
Move-In Assistance
Supplies & Materials $21,401.50
Equipment $0.00
Communications
Meetings & Convenings
Travel & Transportation
Training $0.00
Consulting
Evaluation
Other Lines needed:

Subtotal Non-Personnel $21,401.50
Total Personnel & Non-Personnel $21,401.50
Indirect Costs
TOTAL $21,401.50
Number of Persons Served: 250
Cost per Individual $86
7/7/22, 3:44 PM City Data Services - Madera
https://www.citydataservices.net/cities/maderca/app2022arc.pl?rpt=A243&prop=15&status=20 1/14 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 Parks & Community
Services Dept.

Name of Project: Madera Seniors Nutrition & Recreation
Programs
Street Address/Service
Area of Project: 703 E. 5th Street
City: Madera Zip: 93638
Amount Requested for
this Project: $148,500
Amount of Leveraged
Funds Available for this
Project:
$0
Mailing Address: Madera, CA 93638
City: Madera Zip: 93638
Grant Administrator : Marcela
Zuniga Title: Grants Administrator
Phone: (559) 661-3692 Email: Madera, CA 93638
SAM Number: System for Award Management (Formerly,
CCR) Number
UEI Number: 701 E 5th St Federal EIN/TIN Number:
94-6000365
Program/Project
Administrator: Joseph Hebert Title: Interim Director
Phone: (559) 661-5426 Email: 701 E 5th St
Type of Entity/Organizational Structure City
Department/Public Agency
Brief Project Description(50 Words Max):The City of
Madera Parks & Community Services Department offers
programs and services for the senior citizens of Madera.

Seniors are defined as individuals 55 years of age and older.

With the COVID-19 pandemic the congregate meal program
was changed to a homebound delivered program. With
restrictions lifting, PCS will reinstate the congregate meal program
V
7/7/22, 3:44 PM City Data Services - Madera
https://www.citydataservices.net/cities/maderca/app2022arc.pl?rpt=A243&prop=15&status=202/14

CDBGPUBLICSERVICESAPPLICATION

1. SUMMARYOFCOMMUNITYNEEDORPROBLEMTOBE
ADDRESSED:(Describethecommunityneedorproblemto
be addressedbytheproposedprogram. Statehow andby
whomtheneedwasidentified. Citeyoursources(e.g., U.S. 20XX Census Data Table X.) Prior to COVID-19, the City of Madera Parks & Community Services (PCS) Department offered programs and services for the seniors citizens of Madera. Staff is seeking CDBG resources in the amount of $100,000.00 to support staffing, supplies, associated programming costs and the reopening of two senior sites located in Madera's disadvantaged neighborhoods at the Frank Bergon Senior Center and the Pan-American Community Center. The requested CDBG funding would enable the City to reinstate the following programs and services for seniors: 1. Senior Meal Program - With the COVID-19 pandemic, the meal service to congregate seniors and home delivered meals was shifted from City management to the Fresno- Madera Area Agency on Aging (FMAAA). FMAAA has been administeringthismealservicesinceMay2020. As
GovernorNewsomcontinuestoliftrestrictions, staff
anticipatestoresumeregularprogramming andservices at
thecongregatesites. Thiswouldincludeprovidinga
nutritious andbalancesmealfivedaysperweek, excluding
holidays attheCity'stwoseniorsites. Additionally, theCity anticipatesresumingthe administeringoftheMealson
Wheelsprogramwhichdeliverssevennutritiousmealsper
week, includingfreshvegetables/fruits, milk andbreadto
qualifiedhomeboundseniors. 2. Wellness Programs - Fitness an dwellnessprogramswill
beofferedthroughouttheweekcouldincludeTai-Chi, Zumba, chair aerobics, yoga, walking club, core balanc e and
others. We areplanning a seriesofpresentationson
enhancingwellness, improvinghealthyliving andmental
health. 3. Recr
eation andEducationalPrograms-Classesinsports, leisure, arts & crafts, book club, music classes, cooking classes, social dances, karaoke and a wide variety of local excursions and regional trips Also highlighting, educational courses, Senior Awareness program presentations and much more. 7/7/22, 3:44 PM City Data Services - Madera
https://www.citydataservices.net/cities/maderca/app2022arc.pl?rpt=A243&prop=15&status=203/14

2. EXISTINGSERVICES: Listother agenciescurrently
addressingtheneedorproblemdescribed above. The City of Madera PCS Department is the only ag ency
withintheCitylimitsthatprovidesseniorswithcongregate
andhomedeliveredmealservices andthehostofprograms
and activitiesfortheseniorpopulation. 3. Explain how your program suppleme ntsorcomplements
existingserviceswithoutduplicatingthem. Not applicable 4. Describe the method used to measure the effectiveness
(outcomes)ofservices. Identifymeasurablegoals and
objectives. Attach a copyoftheprogram'sevaluation
documentation. 1. Goal 1: The Ci
tywill addnewlocal andregional
recreational andeducationalprogramsforseniors. Participants will self-report a greater understandin gof
theircommunity andahealthierlifestyle.
a.Objective1: theCitywillprovideregionalexcursionsthat
exposeseniorsto artgalleries, specialculturalevents, farmer's markets and marketplace experiences that promote lifelong learning of the arts and exposure to various cultures. b. Objective 2: The excursions will provide the senior w ith
opportunitiestosocialize, exercisethroughwalking, shop
forhealthyfruits andvegetables andpromote a better
qualityoflife. 2. Goal 2: The
Citywillexpandtheirwellness and
educationalprogramsforseniors. Participantswillselfreport greater life satisfaction and wellness as a result o f
participatinginCityprovidedprogramming.
a.Objective1: TheCitywillprovidewellnessprogramsfor
seniorstosocialize andmeetnewfriendsthusprovidinga
wellnessexperiencethatpromoteshealthierselfesteem. The City will provide a monthly social dance program for seniors to interact and socialize. The art of dancing is a great exercise activity that provides greater range of moti on
movement, betterbalance and a senseofwellbeing. b. Objective 2: The City will partner with other agen ciesto
educateourseniorsthroughpresentationsontheElder
relatedtopics andissues.
7/7/22, 3:44 PM City Data Services - Madera
https://www.citydataservices.net/cities/maderca/app2022arc.pl?rpt=A243&prop=15&status=20 4/14 Goal 3: Increase the amount of nutritious meals served at each of the senior centers.
a. Objective 1: The City will partner with Fresno Madera Area Agency on increasing the number of congregate meals served and documenting the service number by utilizing
the intake form.

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.

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 0 0
0 ---·-·-·-·
0 0
@
0 0
0 0
0 0 ---·-·-·-·
0 0
7/7/22, 3:44 PM City Data Services - Madera
https://www.citydataservices.net/cities/maderca/app2022arc.pl?rpt=A243&prop=15&status=20 5/14 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).

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?
Nearly all program participants meet the low-income
criteria. In the rare instance where this is not the case, all program participants are seniors and therefore meet the qualifications defined by CDBG.

1. Objective 1: The program attendance for the areas listed above remain constant or realize up to a 5% increase in duplicated services provided over the grant period.

2. Objective 2:The average score on self-reporting surveys for life satisfaction will rise 5% over the grant period.

7. How will your program meet its goals in one year?
The Senior Services Program goals will be met by
monitoring monthly meal consumption and quarterly
0 0
0 0
0 0
7/7/22, 3:44 PM City Data Services - Madera
https://www.citydataservices.net/cities/maderca/app2022arc.pl?rpt=A243&prop=15&status=20 6/14 reports. The program will ensure low and moderate income persons are receiving the meals. Participation sign in sheets are used to monitor the programs and usage for social
interaction, recreation and educational programming
detailed in this grant application.

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.

FMAAA offers grant funding to help offset costs of senior services programs. As of May 2022 no contract has been
signed. Seniors may choose to anonymously make
voluntary donations to the program at a suggested
donation of $2.50/meal. Seniors are not denied a meal and City staff does not track who donates resources and who does not. The City of Madera General Fund provides gap
funding to cover the gap between revenues received and
expenditures. Staff is researching other fundraising efforts but pass experiences have modest support of senior
programs is achieved through fundraising.

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).

City staff is researching fundraising opportunities for the upcoming fiscal year; however, no assumptions are being made about that revenue at this time considering the
ongoing impacts of COVID-19. The City's General Fund
available to the PCS Department has also decreased in step with economic downturn and has not recovered.

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.

Due to the COVID-19 pandemic and ongoing closure of the senior centers, the senior surveys have not been completed for the last year or current year. Once the senior centers 7/7/22, 3:44 PM City Data Services - Madera
https://www.citydataservices.net/cities/maderca/app2022arc.pl?rpt=A243&prop=15&status=20 7/14 and program are reopened, program surveys and feedback
from the City of Madera Vision 2025 subcommittee will be gathered and analyzed for program planning as direct
result of the data collected.

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.

Services are not offered outside of City limits.

12. When there is an overflow of clients, how is it
determined whom to serve?
The City of Madera has not previously had an issue with an overflow of clients for the meal program. There was a
waitlist system in effect in the event of overflow of clients, with additional resources to assist the wait listed clients.

13. Discuss your program’s/project’s successes.

The City supports Madera's senior residents through
comprehensive meal and recreational/educational
programming. Without these senior program, many
participants would live in isolation with the guarantee of adequate nutrition. The recreation and wellness component provide the opportunity for the senior to have social
interaction, engagement, improved vitality and overall
increased wellness. Participants describe the senior
program as their home away from home and a reason to get up each morning. These programs aid in helping them with their overall mental health. These services are nutritional, educational, and a key factor in Madera senior's social interactions.

14. Discuss your program’s/project’s past performance
(2015 to 2020).

The senior services programs provided by CDBG funding
has consistently met program goals and objectives in the 2015 to 2020 timeframe. CDBG funding has aided the City in providing tens of thousands of individual interaction with the community's senior citizens; be it providing a nutritious meal, an opportunity to dance or exercise,
attaining a resource or referral and just gathering place to 7/7/22, 3:44 PM City Data Services - Madera
https://www.citydataservices.net/cities/maderca/app2022arc.pl?rpt=A243&prop=15&status=20 8/14 fellowship and make new friends. Over the past five years, the City has provided a core of essential services such as the meal program, wellness and educational activities. The
senior have experienced new adventures through our
excursion and regional trips. The City has always been the source to come to when needing resources and referral to the underserved members of the community. While no
congregate meals or senior site programming were
conducted during the fiscal FY 2021/2022 due to the
ongoing closure of the senior centers impacted by COVID19 pandemic, staff has strived to continue to keep in touch and make sure seniors have all access to resources. City staff has reached out with wellness calls each week and delivered to their home's monthly wellness baskets.

15. Discuss how your program/project shall document that it provides either a new service or a quantifiable increase in the level of service.

New services will be highlighted in the PCS facebook page, that is updated on a regular basis. Periodic reporting to internal and external CDBG program monitors includes
documentation of programs and attendance figures.

CLIENT POPULATION

1. Indicate the total number of potential clients in
the community who require your services. 5,600

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
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? Yes
0 @
0 @
0 7/7/22, 3:44 PM City Data Services - Madera
https://www.citydataservices.net/cities/maderca/app2022arc.pl?rpt=A243&prop=15&status=20 9/14 (If yes, attach a copy of the fee schedule.) No
Please explain your answer to #3 above. Limit your
response to the space below
AGE
0-5
6-12
13-17
18-34
35-54
55-59 30
60-64 45
65+ 175
Total 250
GENDER
Female 175
Male 75
Total 250
Female-Headed
Households 80
Ethnic Categories* Clients
Hispanic or Latino 175
Not-Hispanic or Latino 75
Total 250
Racial Categories* Clients
American Indian or
Alaska Native 10
Asian 20
Black or African
American 40
Native Hawaiian or Other
Pacific Islander 5
White 100
Other 75
Total 250
*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 I I
7/7/22, 3:44 PM City Data Services - Madera
https://www.citydataservices.net/cities/maderca/app2022arc.pl?rpt=A243&prop=15&status=20 10/14 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.

Prior to COVID-19 the City of Madera surveys senior
program participants annually and received feedback from participants. Survey results and community feedback data are analyzed, and program planning is implemented to
meet the needs of participants as a direct result of feedback 7/7/22, 3:44 PM City Data Services - Madera
https://www.citydataservices.net/cities/maderca/app2022arc.pl?rpt=A243&prop=15&status=20 11/14 data. During the site closures, staff made weekly wellness calls to participating seniors.

2. Note complaints that have been received, etc.

No complaints have been received to date.

3. Provide evidence of collaboration with other agencies within the community.

1. Fresno Madera Area Agency on Aging (FMAAA)

2. SER-SCEP - jobs for progress

3. Madera County Health Dept.

4. Senior Companions

5. Madera Police Department

6. Community Action Partnership of Madera County
(CAPMC)

7. Camarena Health

8. Madera Food Bank
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: Mee Wang
Title:Program
Manager
Company/Agency Madera County
Department of Social Services
Tel. Number:
(559) 661-8364
Email Address: [email protected]
Name: Peggy Mendibles
Title: Sr. Lead Case
Manager
Company/Agency SERS
Tel. Number: (559) 452-
0881
Email Address: [email protected]
7/7/22, 3:44 PM City Data Services - Madera
https://www.citydataservices.net/cities/maderca/app2022arc.pl?rpt=A243&prop=15&status=20 12/14 Name: Joanna Orea Title: Health
Education Specialist
Company/Agency Madera
County Health Dept.

Tel. Number: (559)
675-7893
Email Address: [email protected]
SPONSORING AGENCY MANAGEMENT :

CORPORATION DIRECTORS:

How often does the Board meet? 2x /month
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: 4 Maximum: 7
Date of Incorporation: 1907
FINANCIAL:

If additional funds are received, please describe the source, the amount and provide supportingdocumentation.

Currently, no there no additional funding.

How often are financial records audited, and by whom?
yearly
Are the treasurer and/or other financial officers bonded? Yes No
If so, for how much? 1,000,000.00
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: 1
Salaries $80,000 $80,000
Benefits $32,000 $32,000
Taxes $0
Subtotal
Personnel$112,000 $0$112,000
Non-Personnel
Move-In
Assistance $0
Supplies &
Materials $25,000 $25,000
0 7/7/22, 3:44 PM City Data Services - Madera
https://www.citydataservices.net/cities/maderca/app2022arc.pl?rpt=A243&prop=15&status=20 13/14 Equipment $10,000 $10,000
Communications $0
Meetings &
Convenings $0
Travel &
Transportation $0
Training $1,500 $1,500
Consulting $0
Evaluation $0
Other Lines needed:

Subtotal NonPersonnel $36,500 $0 $36,500
Total Personnel
& NonPersonnel
$148,500 $0$148,500
Indirect Costs $0
TOTAL$148,500 $0$148,500
Proposed # of
Persons Served: 250
Cost per
Individual $594
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
Organization Chart
Non-Profit Determination Letters, IRS &
State (501.3.c)
Most Recent Financial Statements
Most Recent Audit & Findings, if any
Program Intake Policies
Client Intake Form
Evaluation Document
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7/7/22, 3:44 PM City Data Services - Madera
https://www.citydataservices.net/cities/maderca/app2022arc.pl?rpt=A243&prop=15&status=20 14/14 Board Certification
Board Roster
Other -
Other -
Submitted By: marcela zuniga
Date Signed 06/17/2022
Approved By: Marcela Zuniga
Date Signed 06/17/2022
Approval Modified By cdscds
Date Signed 06/22/2022
Initially submitted: May 26, 2022 - 12:50:12
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.

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.

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