Agenda packet — Madera City Council, June 19, 2024 (part 1 of 3)

Update 06/14/2024 at 4:00 p.m. Madera City Council Agenda Page 1 of 5 June 19, 2024

REGULAR MEETING OF THE MADERA CITY COUNCIL
205 W. 4th Street, Madera, California 93637

NOTICE AND AGENDA
Wednesday, June 19, 2024 Council Chambers
6:00 p.m. City Hall
The Madera City Council meetings are open to the public. This meeting will also be available for public viewing and participation through Zoom. Members of the public may also observe the live-streamed meeting on the City’s website at www.madera.gov/live. Members of the public may comment on agenda items at the meeting or remotely through an electronic meeting via phone by dialing (669) 900- 6833 enter ID: 845 8357 6290#. Comments will also be accepted via email at [email protected] or by regular mail at 205 W. 4th Street, Madera, CA 93637.

CALL TO ORDER:

ROLL CALL: Mayor Santos Garcia
Mayor Pro Tem Cece Gallegos, District 1
Councilmember Jose Rodriguez, District 2
Councilmember Steve Montes, District 3
Councilmember Anita Evans, District 4
Councilmember Elsa Mejia, District 5
Councilmember Artemio Villegas, District 6
INVOCATION: Councilmember Artemio Villegas
PLEDGE OF ALLEGIANCE:

APPROVAL OF AGENDA:

PRESENTATIONS: None
PUBLIC COMMENT:

Speakers will be asked, but are not required, to identify themselves and state the subject of their comments. If the subject is an item on the Agenda, the Mayor has the option of asking the speaker to hold the comment until that item is called. Comments on items listed as a Public Hearing on the Agenda should be held until the hearing is opened. The Council is prohibited by law from taking any action on matters discussed that are not on the agenda, and no adverse conclusions should be drawn if the Council does not respond to public comment at this time.

Update 06/14/2024 at 4:00 p.m. Madera City Council Agenda Page 2 of 5 June 19, 2024
A. PUBLIC HEARINGS:

A-1 Public Hearing to Approve the Community Development Block Grant (CDBG) 2024/25 Annual Action Plan Final Funding Allocations and Sub-Recipient Agreements Recommendation: Conduct a Public Hearing to Receive Final Public Input on the 2024/25 Annual Action Plan and Adopt Resolutions Approving a 2024/25 CDBG Subrecipient Agreement for Services for:

1. $177,899 with City of Madera 24-25 CDBG Administration; and

2. $20,000 with Community Action Partnership of Madera County; and

3. $5,000 with Madera Coalition for Community Justice; and

4. $10,000 with Project Run Madera; and

5. $10,000 with Pequeños Empresarios; and

6. $11,165 with O.L.I.V.E. Charitable Organization; and

7. $47,259 with Community Action Partnership of Madera County; and

8. $65,000 with City of Madera Parks Department; and

9. $642,172 with City of Madera Engineering Department (Report by Michael Lima)
B. CONSENT CALENDAR:

Matters listed under the Consent Calendar are considered routine and will be enacted by one motion and one vote. There will be no separate discussion of these items. If discussion is desired, a member of the public or a member of the Council may request an item be removed from the Consent Calendar and it will be considered separately.

B-1 Minutes – June 5, 2024, June 12, 2024
Recommendation: Approve the City Council Minutes of June 5, 2024 and June 12, 2024 (Report by Alicia Gonzales)
B-2 Informational Report on Register of Audited Demands Recommendation: Review Register of Audited Demands Report for May 25, 2024 to June 7, 2024 (Report by Michael Lima)
B-3 Informational Report on Personnel Activity
Recommendation: This report is submitted for informational purposes only and there is no action requested from the City Council (Council) (Report by Wendy Silva) B-4 Continuing Declaration Proclaiming the Existence of a Local Emergency – January 2023 Winter Storms
Recommendation: Adopt a Resolution Continuing the Declaration Proclaiming the Existence of a Local Emergency – January 2023 Winter Storms in accordance with Madera Municipal Code Title III, Chapter 2 (Report by Wendy Silva)
B-5 Sports Program Fee Assistance Initiative
Recommendation: Informational only. This report is intended to acknowledge donors during the Fiscal Year (FY) 2023/24, as well as bring awareness of the City’s Sports Program Fee Assistance Initiative (Report by Joseph Hebert) Update 06/14/2024 at 4:00 p.m. Madera City Council Agenda Page 3 of 5 June 19, 2024
B-6 Accepting Improvements for the Bellava and Berk Subdivision Recommendation: 1. Adopt a Resolution Accepting Improvements for the Bellava and Berk Subdivision; and

2. Authorize the filing of the Notice of Acceptance for Said Off-site Improvements (Report by Keith Helmuth)
B-7 Project List for Fiscal Year (FY) 2024/25 Funded by Senate Bill (SB 1) Road Maintenance and Rehabilitation Account (RMRA) – Local Streets and Roads Funding Program Recommendation: Adopt a Resolution Approving the City Project List for FY 2024-2025 Funded by the SB 1 RMRA Account of the Local Streets and Roads Funding Program (Report by Keith Helmuth)
B-8 Agreement with the Fresno Economic Opportunities Commission Local Conservation Corps.

Recommendation: Adopt a Resolution Approving an Agreement at No Cost to the City with the Fresno Economic Opportunities Commission for Assistance during Waste Tire Amnesty Events (Report by Giachino Chiaramonte) B-9 Memorandum of Understanding with the National Insurance Crime Bureau Recommendation: Adopt a Resolution Approving a Memorandum of Understanding with the National Insurance Crime Bureau for Access to the Law Enforcement ISO ClaimSearch Database (Report by Giachino Chiaramonte) C. WORKSHOP: None
D. PETITIONS, BIDS, RESOLUTIONS, ORDINANCES, AND AGREEMENTS:

D-1 Update on 2024 Emergency Repair of Avenue 13 Sewer Trunk Main Failures and Ratify and Continue a Finding of Emergency Relating to Emergency Response and Repairs Necessitating Emergency Contracts without Competitive Bidding
Recommendation: 1. Receive an update on the status of emergency repairs to the Avenue 13 sewer trunk main failures that occurred June 3, 2024 and June 10, 2024; and

2. Adopt a resolution ratifying and continuing a finding of emergency relating to emergency response and repairs to the sanitary sewer main pursuant to Public Contract Code Section 22050 (Report by Keith Helmuth)
D-2 First Amendment to the West Coast Arborists, Inc. Agreement for City-wide Tree Management and Maintenance Services
Recommendation: Adopt a Resolution Approving the First Amendment to Agreement for Tree Management and Maintenance Services with West Coast Arborist, Inc. (WCA) for $18,800 (Report by Joseph Hebert)
D-3 Continuing Resolution In Lieu of Fiscal Year (FY) 2024-2025 Budget Adoption and Authorization of 60-day Extension to Prepare and Present the Fiscal Year 2024-25 Budget Recommendation: Approve a Resolution to Continue Appropriations and Estimated Revenues in Accordance with the FY 2023-2024 budget in lieu of FY 2024-2025 Budget Adoption (Continuing Resolution), and Authorization Update 06/14/2024 at 4:00 p.m. Madera City Council Agenda Page 4 of 5 June 19, 2024
of a 60-day Extension to Prepare and Present the FY 2024-25 Budget (Report by Michael Lima)
D-4 1. Engineer’s Report for City Wide Landscape and Lighting Assessment District Zones of Benefit 1, 2, 3, 4, 6-A, 6-B, 7, 8, 9, 10-A, 10-B, 10-C, 10-D, 10-E, 10-F, 10-G, 10-H,10-I, 12, 13, 14, 15, 15-B, 15-C, 16, 17-A, 17-B, 17-C, 17-D, 18, 20-A, 20-B, 20-C, 21-A, 21-B, 21-C, 21-D, 23, 24, 25-C, 25-D, 26, 26-B, 26-C,26-D, 27, 27-B, 28, 28-B, 29, 29-B, 29-C, 29-D, 29- E, 30, 31-A, 31-B, 32-A, 32-B, 33, 34, 34-B, 34-C, 35, 36-A, 36-B, 36-C, 37, 39, 40, 41, 43-A, 43-C, 43-D, 43-E, 44, 45-A, 46, 50 & 51 For Fiscal Year (FY) 2024/25

2. Resolution of Intention to Levy and Collect Annual Assessments for City Wide Landscape and Lighting Assessment District Zones ff Benefit 1, 2, 3, 4, 6-A, 6-B, 7, 8, 9, 10-A, 10-B, 10-C, 10-D, 10-E, 10-F, 10-G, 10-H,10-I, 12, 13, 14, 15, 15-B, 15-C, 16, 17-A,17-B, 17-C, 17- D, 18, 20-A, 20-B, 20-C, 21-A, 21-B, 21-C, 21-D, 23, 24, 25-C, 25-D, 26, 26-B, 26-C,26-D, 27, 27-B, 28, 28-B, 29, 29-B, 29-C, 29-D, 29-E, 30, 31-A, 31-B, 32-A, 32-B, 33, 34, 34-B, 34-C, 35, 36-A, 36-B, 36-C, 37, 39, 40, 41, 43-A, 43-C, 43-D, 43-E, 44, 45-A, 46, 50 & 51 for FY 2024/25 And Setting Date For Public Hearing
Recommendation: 1. Adopt a Minute Order Approving the Engineer’s Report as Filed or with Modifications as Identified by the City Council (Council) during this Meeting; and

2. Adopt a Resolution of Intention to Levy and Collect Proposed Annual Assessments for all City-Wide Landscape and Lighting District Zones of Benefit Referenced in the Engineer’s Report for FY 2024/25 or as may be Amended and set July 17, 2024, as the Public Hearing Date to Consider the Proposed FY 2024/25 Assessments for City Wide Landscape and Lighting District Zones of Benefit (Report by Keith Helmuth)
D-5 Contract Award for R-10 Phase III, Olive and Knox Street Widening and Intersection Improvements from Olive Avenue to Neplus Way
Recommendation: Adopt a Resolution Approving the Contract Award for Olive and Knox Street Widening and Intersection Improvements from Olive Avenue to Neplus Way, City Project R-000010 Phase III, in the amount of $849,331.00 to Terra West Construction, Inc and a Contingency of 10 percent of the Contract Amount (Report by Keith Helmuth) E. ADMINISTRATIVE REPORTS:

E-1 Caltrans State Route 145 Yosemite Avenue Project Decorative Street Lighting Recommendation: This report is submitted to the City Council (Council) for direction relative to selection of decorative street lighting on the Caltrans State Route 145 Yosemite Avenue Project (Project) (Report by Keith Helmuth) F. COUNCILMEMBER REPORTS/ANNOUNCEMENTS/FUTURE AGENDA ITEMS:

This portion of the meeting is reserved for the Mayor and Councilmembers (i) to make brief reports on boards, committees, and other public agencies, and at public events, (ii) to request updates, (iii) to initiate future agenda items., and (iv) to take action on matters initiated under this section of the agenda. Under this section the Council may take action only on items specifically agendized and which meet other requirements for action.

Update 06/14/2024 at 4:00 p.m. Madera City Council Agenda Page 5 of 5 June 19, 2024
G. CLOSED SESSION:

G-1 Conference with Legal Counsel - Existing Litigation pursuant to Government Code §54956.9(a) One Case: Madera Police Officers’ Association; Randall Williams; Thomas Burns vs.

City of Madera (MCV 088246)
ADJOURNMENT:

 The meeting room is accessible to the physically disabled. Requests for accommodations for persons with disabilities such as signing services, assistive listening devices, or alternative format agendas and reports needed to assist participation in this public meeting may be made by calling the City Clerk’s Office at (559) 661-5405 or emailing [email protected] . Those who are hearing impaired may call 711 or 1-800-735-2929 for TTY Relay Service. Requests should be made as soon as practicable as additional time may be required for the City to arrange or provide the requested accommodation.

Requests may also be delivered/mailed to: City of Madera, Attn: City Clerk, 205 W. 4th Street, Madera, CA 93637. At least seventy-two (72) hours’ notice prior to the meeting is requested but not required.

When making a request, please provide sufficient detail that the City may evaluate the nature of the request and available accommodations to support meeting participation. Please also provide appropriate contact information should the City need to engage in an interactive discussion regarding the requested accommodation.
 The services of a translator can be made available. Please contact the City Clerk’s Office at (559) 661- 5405 or emailing [email protected] to request translation services for this meeting. Those who are hearing impaired may call 711 or 1-800-735-2929 for TTY Relay Service. Requests should be submitted in advance of the meeting to allow the City sufficient time to provide or arrange for the requested services. At least seventy-two (72) hours’ notice prior to the meeting is requested but not required.
 Please silence or turn off cell phones and electronic devices while the meeting is in session.  Regular meetings of the Madera City Council are held the 1st and 3rd Wednesday of each month at 6:00 p.m. in the Council Chambers at City Hall.
 Any writings or documents provided to a majority of the City Council within 72 hours of the meeting regarding any item on this agenda will be made available for public inspection at the City Clerk’s office located at 205 W. 4th Street, Madera, CA 93637 and on the City website at www.madera.gov  Questions regarding the meeting agenda or conduct of the meeting, please contact the City Clerk’s Office at (559) 661-5405.
 Para asistencia en español sobre este aviso, por favor llame al (559) 661-5405.

I, Alicia Gonzales, City Clerk for the City of Madera, declare under penalty of perjury that I posted the above agenda for the Regular Meeting of the Madera City Council for June 19, 2024, near the front entrances of City Hall and on the City’s website www.madera.gov at 4:00 p.m. on June 14, 2024. _______________________
Alicia Gonzales, City Clerk

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: June 19, 2024
_________________________________ Agenda Number: _______ Michael Lima, Director of Financial Services
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Public hearing to approve the Community Development Block Grant (CDBG) 2024/25 Annual Action Plan final funding allocations and sub-recipient agreements.

RECOMMENDATION:

Conduct a public hearing to receive final public input on the 2024/25 Annual Action Plan and adopt Resolutions Approving a 2024/25 CDBG Subrecipient Agreement for Services for:

1. $177,899 with City of Madera 24-25 CDBG Administration; and

2. $20,000 with Community Action Partnership of Madera County; and

3. $5,000 with Madera Coalition for Community Justice; and

4. $10,000 with Project Run Madera; and

5. $10,000 with Pequeños Empresarios; and

6. $11,165 with O.L.I.V.E. Charitable Organization; and

7. $47,259 with Community Action Partnership of Madera County; and

8. $65,000 with City of Madera Parks Department; and

9. $642,172 with City of Madera Engineering Department.

SUMMARY:

The U.S. Department of Housing and Urban Development (HUD) announced the 2024/25 CDBG funding allocations on May 7, 2024. The City’s eligible allocation for the 2024/25 Annual Action Plan is $989,495.

Council approved tentative Annual Action Plan allocations on April 3, 2024. HUD had not released the 2024/25 allocations prior to Council making tentative allocations; therefore, tentative funding recommendations were based on the City’s 2023/24 allocation of $981,730. HUD requires a 30- day public comment period after approving tentative allocations. The public comment period A-1
opened on April 3, 2024, and expired on May 3, 2024. On May 15th, Council updated tentative allocations based on HUD’s 2024/25 program year funding. A second public hearing is required for Council to approve final funding allocations and to enter into agreements with grant subrecipients.

DISCUSSION:

The City is a CDBG entitlement jurisdiction that receives an annual funding allocation. Each year, the City is eligible to apply for and receive the funds through the development and submittal of a CDBG Annual Action Plan. Activities proposed in the CDBG Annual Action Plan must meet, at a minimum, one of the following objectives:

1. Benefit to low- and moderate-income (LMI) persons; or

2. Aid in the prevention or elimination of slums or blight; or

3. Meet a need having a particular urgency (referred to as urgent need).

In addition to the national objectives, HUD requires the identification of primary and secondarytier local funding priorities. The City has identified these local funding priorities in the 2020-2024 Consolidated Action Plan, which are as follows:
 Primary
o Quality Housing (Rent affordability and rental assistance) o Homelessness (Supportive services and prevention)
 Secondary-Tier
o Neighborhood Revitalization (Infrastructure Improvements, Streets/Roads/Lighting, and Community Centers/Parks)

ELIGIBLE USES OF FUNDS
HUD mandates allocating funds across three distinct categories, each subject to a specified maximum amount, as part of its expenditure requirements. The funding category allocation amounts must be based on the current year’s award. The City is eligible to receive $989,495 for the 2024/25 program year.

The revised funding allocations are provided in Table 1.

Table 1: Eligible funding categories and maximum funding Funding Categories Maximum %
per category
Actual Maximum
$ per category
Administration 20% $197,899
Public Service 15% $148,424
Capital Projects/Public Improvements No max. $643,172
Total 100% $989,495
Summary of Subrecipient Grant Applications and Tentative Council Allocations On October 23, 2023, the City released a Request for Funding Proposal (RFP) inviting eligible and interested entities to submit applications for the CDBG 2024/25 funding cycle. Twelve applications were received.

Administration Applications
Table 2 below shows the tentative Council allocations for Administration. The eligible allocation is $197,899, and the total requested was $216,400.

Table2: City Council Tentative Administration Allocations Applicant
City Council
04/03/24
Allocations
City Council
05/15/24
Allocations
City of Madera – Action Plan Administration
Administration to Oversee CDBG Program $176,346 $177,899 CAPMC – Fresno Madera Continuum of Care
Point-in-Time Count Administration $20,000 $20,000
Total $196,346 $197,899
Public Service Applications
The eligible allocation is $148,424, and the total requested was $466,186. Table 3 below shows the Council’s tentative allocations for Public Services.

Table3: City Council Tentative Public Service Allocations Applicant
City Council
04/03/24
Allocations
City Council
05/15/24
Allocations
Madera Coalition for Community Justice
Youth Environmental Stewardship $5,000 $5,000
Madera Coalition for Community Justice
Utility Shutoff $0 $0
Pequeños Empresarios
Child Entrepreneurship Education $10,000 $10,000
Project Run Madera
Project Run Madera $10,000 $10,000
Madera Rescue Mission
Homeless Prevention and Services $0 $0
O.L.I.V.E. Charitable Organization
The Bennet House $10,000 $11,165
Community Action Partnership
Housing Stabilization $47,259 $47,259
Madera County Workforce
In-Home Child Care $0 $0
City Parks Department
Madera Seniors Nutrition & Recreational Program $65,000 $65,000 Total $147,259 $148,424
Capital Projects/Public Improvements
There was one application in the CDBG Capital Projects/Public Improvements category. The total available allocation is $642,172 and the total requested is $650,000. Table 4 below has the Capital Projects/Public Improvements applicant and the tentative Council funding allocation.

Table4: City Council Tentative Capital Projects/Public Improvements Allocations Applicant
City Council
04/03/24
Allocations
City Council
05/15/24
Allocations
City; Engineering Department
Community and Park Facilities Parking Lot Surface
Rehabilitation Project:
• Pan-American Community Center
• Gateway Rotary
• Sunrise Rotary
• John W. Wells Youth Center
• Frank Bergon Senior Center
$638,125 $642,172
Total $638,125 $642,172
A 30-day public review and comment period began on April 3, 2024, and closed on May 3, 2024.

The City received 10 public comments in support of Pequeños Empresarios. The City received one additional comment after the May 15, 2024 Council meeting in support of Pequeños Empresarios.

FINANCIAL IMPACT:

This allocation will not impact the General Fund. The City will administer the grant with available 2024/25 CDBG administration funds and current City staff. Appropriations for these agreements will be included in the Fiscal Year 2024/25 City budget.

ALTERNATIVES:

As an alternative, Council may:

1. Deny approval of the Agreements.

2. Direct staff to enter into alternate Agreements.

ATTACHMENTS:

1. Resolution
Exhibit 1- City of Madera Agreement
 Exhibit A – Scope of Work
 Exhibit B – Budget
 Exhibit C – CDBG Certifications

2. Resolution
Exhibit 1- Community Action Partnership of Madera County Agreement  Exhibit A – Scope of Work
 Exhibit B – Budget
 Exhibit C – CDBG Certifications

3. Resolution
Exhibit 1- Madera Coalition for Community Justice Agreement  Exhibit A – Scope of Work
 Exhibit B – Budget
 Exhibit C – CDBG Certifications

4. Resolution
Exhibit 1- Project Run Madera Agreement
 Exhibit A – Scope of Work
 Exhibit B – Budget
 Exhibit C – CDBG Certifications

5. Resolution
Exhibit 1- Pequeños Empresarios
 Exhibit A – Scope of Work
 Exhibit B – Budget
 Exhibit C – CDBG Certifications

6. Resolution
Exhibit 1- O.L.I.V.E. Charitable Organization Agreement  Exhibit A – Scope of Work
 Exhibit B – Budget
 Exhibit C – CDBG Certifications

7. Resolution
Exhibit 1- Community Action Partnership of Madera County Agreement  Exhibit A – Scope of Work
 Exhibit B – Budget
 Exhibit C – CDBG Certifications

8. Resolution
Exhibit 1- City of Madera, Parks Department Agreement
 Exhibit A – Scope of Work
 Exhibit B – Budget
 Exhibit C – CDBG Certifications

9. Resolution
Exhibit 1- City of Madera, Engineering Department Agreement  Exhibit A – Scope of Work
 Exhibit B – Budget
 Exhibit C – CDBG Certifications

10. Public Comment
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF MADERA, CALIFORNIA, APPROVING A 2024/25 COMMUNITY DEVELOPMENT
BLOCK GRANT SUBRECIPIENT AGREEMENT FOR SERVICES ($177,899)

WITH CITY OF MADERA FINANCE DEPARTMENT
WHEREAS, the City Council has considered approval of the 2024/25 Community Development Block Grant Subrecipient Agreement with the City of Madera Finance Department in the amount of $177,899 (“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 Grants 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 2024/25 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. Thisresolution is effective immediately upon adoption. *****
1 COMMUNITY DEVELOPMENT BLOCK GRANT

SUBRECIPIENT AGREEMENT

BETWEEN THE CITY OF MADERA, GRANTS AND FINANCE DEPARTMENT This Community Development Block Grant Subrecipient Agreement (“Agreement”) is entered into, effective on the date of July 1, 2024, by and between the City of Madera (“City”) and City Of Madera Finance Department, 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. Underthe CDBG regulationsthe City may grant the CDBG fundsto nonprofit organizations or public agencies for certain purposes.

D. Otherwise, to engage the services of Subrecipient, and Subrecipient agreesto 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 Scope of Work, which is attached to this Agreement, marked as EXHIBIT "A", 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 “B".
2 The total obligation of the City under this Agreement shall not exceed $177,899 in fiscal year 2024-2025. 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 Subrecipientshall not directly or indirectly use any of the funds underthis 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 3 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 “C”.

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.

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 Subrecipientshall commence performance under this Agreement on July 1, 2024, and shall end its performance June 30, 2025, 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 islater. 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 4 CFR 570.506 that are pertinent to the activitiesto 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. CDBG Reporting Requirements
Subrecipient shall submit reports to the City at minimum on a quarterly basis. The Subrecipient shall submit reimbursement requests with substantiating evidence justifying such request. Documentation may include 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. Timecards must be signed by both the employee and the designated Subrecipient Authorizing Official. Subrecipient shall submit quarterly reports via the City Data System.

TERM PERIOD DURATION DUE DATES
1st Period July 1 - September 30 October 15
2nd Period October 1 - December 31 January 15
3rd Period January 1 - March 31 April 15
4th Period April 1 - June 30 July 15
Subrecipient shall submit quarterly progress reports on the dates listed above. If a due date falls on a weekend or holiday, Subrecipient shall submit invoices and progress reports no later than the next business day.
c. Required Notifications
The Subrecipientshall 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 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. 5 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 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.

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 "A" 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 "B." 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 "C".

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 6 has no financial interest, direct or indirect, which would conflict in any manger or degree with the performance of this Agreement. The Subrecipient further covenantsthat 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 "A." 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 the 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 7 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 Subrecipientshall 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
Adjustments in the nature or scope of the program plan set forth in EXHIBIT “A” or changes of any line item within the total approved budget contained in EXHIBIT “B” may be approved in writing by the City Manager, or his designee.

17. Administration
The City of Madera Grants 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 "A.” 8 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.

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.

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.
9 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 indemnitees their 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 Service Providers
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.

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.

Acceptable Insurers
All insurance policiesshall 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)
Service Provider acknowledges and agrees that any actual or alleged failure on the part of the Agency to inform Service Provider 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 11 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 Service Provider maintains higher limits than the minimums required above, the entity shall be entitled to coverage at the higher limits maintained by Subrecipient.

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
Subrecipientshall give the City prompt and timely notice of claims made orsuitsinstituted that arise out of or result from Service Provider’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

Additional Insurance
Service Provider 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. 12 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 – Finance Department
205 W. 4th St.

Madera, CA 93637
To the Subrecipient:

City of Madera – Grants Division
205 W. 4th St.

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.

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 asseverable 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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13 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: City of Madera, Finance Department:

By: By: __________________________
Santos Garcia, Mayor Michael Lima, Director of Financial Services
Date: Date:

ATTEST: APPROVED AS TO LEGAL FORM:

By: By:

Alicia Gonzales, City Clerk Shannon Chaffin, City Attorney Date: Date:
2024/2025

COMMUNITY DEVELOPMENT BLOCK GRANT

SUBRECIPIENT SCOPE OF WORK
I. PROJECT NAME: City of Madera 2024/25 Administration Funds II. APPLICANT: City of Madera
III. PROJECT DESCRIPTION:

The City of Madera provides full oversight of the CDBG program. Administrative funding will be applied to personnel costs associated with providing such oversight. Examples of operating tasks associated with oversight include: subrecipient invoice processing, subrecipient monitoring, revising policies and procedures, and daily program management tasks.

IV. CONFORMANCE WITH FEDERAL FUNDING REQUIREMENTS:

A. The proposed project is eligible for CDBG funding as a Public Service project as defined by CFR Section 570.201(e).

B. This activity meets the Federal objective of benefiting low- and moderate-income persons as limited clientele activity under Section 570.208(a)(2) because the program will serve the homeless / at risk community.

V. FUNDING PROPOSAL:

A. CDBG Project Budget: $177,899
B. Projected Completion Date: June 2025
VI. OUTCOME MEASUREMENTS:

Total number of persons that will receive a unduplicated service or benefit is: 0 VII. PROJECT QUARTERLY MILESTONES
Quarter Description of Anticipated Milestones
Quarter 1: July - September On going CDBG oversight/ monitoring.

Quarter 2: October - December On going CDBG oversight/ monitoring.

Quarter 3: January –March On going CDBG oversight/ monitoring.

Quarter 4: April – June On going CDBG oversight/ monitoring.

Exhibit A
FY 2024/25 Budget
City of Madera – Administration Project
Budget Line Item Madera
Salaries $177,899.00
Benefits $0.00
Taxes $0.00
Subtotal Personnel $177,899.00
Move-In Assistance $0.00
Supplies & Materials $0.00
Equipment $0.00
Communications $0.00
Meetings & Convenings $0.00
Travel & Transportation $0.00
Training $0.00
Consulting $0.00
Evaluation $0.00
Subtotal Non-Personnel $0.00
Total Personnel & Non-Personnel $177,899.00
Indirect Costs $0.00
TOTAL $177,899.00
Exhibit B

COMMUNITYDEVELOPMENT 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, A122 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.

Exhibit C
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.

O. 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 oftheGrantee, orits designees or agents, nomember 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 orindirect, in any contract orsubcontract, or the proceedsthereof, 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 conflictrequirements noted in 24 CFR 570.611 shall be complied with by all parties.

T. Title I of Section 104(b)(5) ofthe Housing and Community Development Act as amended and implementing regulations at 24 CFR 570.200 relating to Special Assessments.

U. Section l06 ofthe NationalHistoric 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 subjectto those conditions as prescribed by HUD for the use of CDBG 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 CFR Part 98.
1 RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF MADERA, CALIFORNIA, APPROVING A 2024/25 COMMUNITY DEVELOPMENT
BLOCK GRANT SUBRECIPIENT AGREEMENT FOR SERVICES ($20,000)

WITH COMMUNITY ACTION PARTNERSHIP OF MADERA COUNTY
WHEREAS, the City Council has considered approval of the 2024/25 Community Development Block Grant Subrecipient Agreement with the Community Action Partnership of Madera County in the amount of $20,000 (“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:

0. The recitals listed above are true and correct.

1. The Council approves the Agreement between the City and the Community Action Partnership of Madera County.

2. This resolution is effective upon receipt of written confirmation from the U.S.

Department of Housing and Urban Development of the City of Madera 2024/25 Action Plan approval.

3. The Director of Financial Services is hereby authorized to take such action to implement the terms of the Resolution.

4. The City Clerk with concurrence from the City Attorney is authorized to make clerical and non-material corrections to this resolution and the Agreement.

5. This resolution is effective immediately upon adoption. *****
2 COMMUNITY DEVELOPMENT BLOCK GRANT

SUBRECIPIENT AGREEMENT

BETWEEN THE CITY OF MADERA AND COMMUNITY ACTION PARTNERSHIP OF MADERA COUNTY
This Community Development Block Grant Subrecipient Agreement (“Agreement”) is entered into, effective on the date of July 1, 2024, by and between the City of Madera (“City”) and Community Action Partnership Madera County, hereafter referred to as "Subrecipient."

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. otherwise, 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

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 “B".
3 The total obligation of the City under this Agreement shall not exceed $20,000 in fiscal year 2024- 2025. 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.

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 4 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 “C”.

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.

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 1, 2024, and shall end its performance June 30, 2025, 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 5 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

TERM PERIOD DURATION DUE DATES
1st Period July 1 - September 30 October 15
2nd Period October 1 - December 31 January 15
3rd Period January 1 - March 31 April 15
4th Period April 1 - June 30 July 15
Subrecipient shall submit quarterly progress reports on the dates listed above. If a due date falls on a weekend or holiday, Subrecipient shall submit invoices and progress reports no later than the next business day.
c. Required Notifications
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 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. 6 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 corrections are not accomplished by Subrecipient within thirty (30) days, written notification shall constitute City’s intent to terminate this Agreement.

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 "A" 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 "B." An executed copy of any such subcontract shall be submitted to the City before any implementation and shall be retained by the City.

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 "C".

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 7 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 "A." 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 the 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 8 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.

17. Administration
The City of Madera Grants 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 "A.” 9 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.

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.
10 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 indemnitees their costs of defense, including reasonable legal counsels’ fees, incurred in defense of such claims.

Maintenance of Coverage
11 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.

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.

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 Service Provider maintains higher limits than the minimums required above, the entity shall be entitled to coverage at the higher limits maintained by Subrecipient.

Self-insured Retentions
12 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 Service Provider’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

To the City:

City of Madera – Grants Department
205 W. 4th St.

Madera, CA 93637
To the Subrecipient:
13 Community Action Partnership of Madera County
1225 Gill Ave.

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.
///
14 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 Community Action Partnership of Madera
County:

By: ___________________________________ By: ______________________________ Santos Garcia, Mayor Mattie Mendez, Executive Director
Date: __________________________________ Date: ______________________________ ATTEST: APPROVED AS TO LEGAL FORM:

By: ___________________________________ By:_________________________________ Alicia Gonzales, City Clerk Shannon Chaffin, City Attorney Date: __________________________________ Date: _______________________________ 15 2024/2025

COMMUNITY DEVELOPMENT BLOCK GRANT

SUBRECIPIENT SCOPE OF WORK
I. PROJECT NAME: Fresno Madera Continuum of Care
II. APPLICANT: Community Action Partnership Madera County III. PROJECT DESCRIPTION:

The project will pay for personnel costs for two CAPMC staff to attend and participate in the FMCoC meetings. The FMCoC works collaboratively to reduce homelessness in both Fresno and Madera Counties. CAPMC also uses this funding to prepare for the annual Point In Time Count (PIT).

IV. CONFORMANCE WITH FEDERAL FUNDING REQUIREMENTS:

A. The proposed project is eligible for CDBG funding as a Public Service project as defined by CFR Section 570.201(e).

B. This activity meets the Federal objective of benefiting low- and moderateincome persons as limited clientele activity under Section 570.208(a)(2) because the program will serve the homeless / at risk community.

V. FUNDING PROPOSAL:

A. CDBG Project Budget: $20,000
B. Projected Completion Date: June 2025
VI. OUTCOME MEASUREMENTS:

Total number of persons that will receive a unduplicated service or benefit is: 0 VII. PROJECT QUARTERLY MILESTONES
Quarter Description of Anticipated Milestones
Quarter 1
July - September
Attend FMCoC Meetings.

Exhibit A
16 Quarter 2
October - December
Attend FMCoC Meetings.

Quarter 3
January - March
Begin preparationsfor 2024 annual Point in
Time Count
Quarter 4
April – June
Attend FMCoC meetings.
17 FY 2024-2025 Budget
COMMUNITY ACTION PARTNERSHIP OF MADERA COUNTY INC.

Community Action Partnership of Madera County Inc.

Budget Line Item Program Total
Salaries & Wages $12,847.00
Benefits $2,246.00
Taxes $1,073.00
Subtotal Personnel $16,166.00
Move-In Assistance $0.00
Supplies & Materials $0.00
Equipment $0.00
Communications $0.00
Meetings & Convenings $0.00
Travel & Transportation $0.00
Training $0.00
Consulting $0.00
Evaluation $0.00
Operating Expenses $2,166.00
Subtotal Non-Personnel $2,166.00
Total Personnel & Non-Personnel $18,332.00
Indirect Costs $1,668.00
TOTAL $20,000.00
Number of Persons Served:

Cost per Individual:

Exhibit B
18 COMMUNITYDEVELOPMENT 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 issuedat 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(18U.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 aremandatory 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 (UniformAct) and HUD implementing regulations, 24 CFR Part I asitrelatesto 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 asit relatesto 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.

Exhibit C
19 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.).

O. 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 oftheGrantee, orits 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 orindirect, in any contract orsubcontract, orthe proceedsthereof, 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 conflictrequirements noted in 24 CFR 570.611 shall be complied with by all parties.

T. Title I of Section 104(b)(5) ofthe Housing and Community Development Act as amended and implementing regulations at 24 CFR 570.200 relating to Special Assessments.

U. Section l06 oftheNationalHistoric 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.
20 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.

Y. All contracts shall include a "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions" as required by 29 CFR Part 98.
01425.0006/990496.1
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF MADERA, CALIFORNIA, APPROVING A 2024/25 COMMUNITY DEVELOPMENT
BLOCK GRANT SUBRECIPIENT AGREEMENT FOR SERVICES ($5,000)

WITH MADERA COALITION FOR COMMUNITY JUSTICE
WHEREAS, the City Council has considered approval of the 2024/25 Community Development Block Grant Subrecipient Agreement with the Madera Coalition for Community Justice in the amount of $5,000 (“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:

0. The recitals listed above are true and correct.

1. The Council approves the Agreement between the City and the Madera Coalition for Community Justice.

2. This resolution is effective upon receipt of written confirmation from the U.S.

Department of Housing and Urban Development of the City of Madera 2024/25 Action Plan approval.

3. The Director of Financial Services is hereby authorized to take such action to implement the terms of the Resolution.

4. The City Clerk with concurrence from the City Attorney is authorized to make clerical and non-material corrections to this resolution and the Agreement.

5. Thisresolution is effective immediately upon adoption. 01425.0006/990496.1

COMMUNITY DEVELOPMENT BLOCK GRANT

SUBRECIPIENT AGREEMENT

BETWEEN THE CITY OF MADERA AND MADERA COALITION FOR COMMUNTIY JUSTICE This Community Development Block Grant Subrecipient Agreement (“Agreement”) is entered into, effective on the date of July 1, 2024, by and between the City of Madera (“City”) and Madera Coalition For Community Justice, hereafter referred to as "Subrecipient."

C. Under the CDBG regulations the City may grant the CDBG funds to nonprofit organizations or public agencies for certain purposes.

AGREEMENT

The total obligation of the City under this Agreement shall not exceed $5,000 in fiscal year 2024- 2025. 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 01425.0006/990496.1
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 “C”.

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.

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 1, 2024, and shall end its performance June 30, 2025, 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. 01425.0006/990496.1
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

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 corrections are not accomplished by Subrecipient within thirty (30) days, written notification shall constitute City’s intent to terminate this Agreement.

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 "A" 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 "B." An executed copy of any such subcontract shall be submitted to the City before any implementation and shall be retained by the City.

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 "C".

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 01425.0006/990496.1
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.

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 the 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
01425.0006/990496.1
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.

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.

17. Administration
The City of Madera Grants Department shall administer this Agreement.

18. Evaluation
The City shall monitor and evaluate the performance of the Subrecipient under this 01425.0006/990496.1
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 "A.” 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.

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 01425.0006/990496.1
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 indemnitees their costs of defense, including reasonable legal counsels’ fees, incurred in defense of such claims.

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.

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 Service Provider 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
01425.0006/990496.1
Service Provider 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.

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 Service Provider’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

01425.0006/990496.1
To the City:

City of Madera – Grants Department
205 W. 4th St.

Madera, CA 93637
To the Subrecipient:

Madera Coalition for Community Justice
219 South “D” 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.

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.

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01425.0006/990496.1
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 Linette Lomeli, Executive Director Date: __________________________________ Date: ____________________________ ATTEST: APPROVED AS TO LEGAL FORM:

COMMUNITY DEVELOPMENT BLOCK GRANT

SUBRECIPIENT SCOPE OF WORK
I. PROJECT NAME: Madera Youth Environmental Stewardship II. APPLICANT: Madera Coalition for Community Justice
III. PROJECT DESCRIPTION:

The project seeks to develop a new generation of Madera youth who are academically high achievers, leaders and active citizens. It’s a year-long program engaging youth in a unique experience that integrates academic study (STEM), community-service (environmental justice issues), character development, civic responsibility and youth voice.

IV. CONFORMANCE WITH FEDERAL FUNDING REQUIREMENTS:

A. The proposed project is eligible for CDBG funding as a Public Service project as defined by CFR Section 570.201(e).

V. FUNDING PROPOSAL:

A. CDBG Project Budget: $5,000
B. Projected Completion Date: June 2025
VI. OUTCOME MEASUREMENTS:

Total number of persons that will receive a unduplicated service or benefit is: 30 VII. PROJECT QUARTERLY MILESTONES
Exhibit A
01425.0006/990496.1
Quarter Description of Anticipated Milestones
Quarter 1
July - September
- Hire and train staff.
- Staff will develop environmental justice education
curriculum in consultation with local advocates experts in the field,
- Work out the administrative logistics for the forthcoming year and create guiding protocol for participants.
- Recruit youth participants and provide them with orientation of project.
- Introduction to the environmental justice field,
community mapping and guest presentations.
- Youth will spend the next months learning
and researching substantive material related to
environmental justice.

Quarter 2
October - December
Continuing training on EJ issues.
- Leadership development training & activities.
- Team supported by staff will develop schedule, plan
and coordinate logistics to begin developing community
projects.
-Team will research and plan community service projects - Team will design and implement first community
service projects.
- Team will take a local trip. The first one will be a guided tour of different polluting sources and sites throughout the metropolitan area of the City of Madera.
01425.0006/990496.1
Quarter 3 January - March - Continue the ongoing trainings/activities started in Qtr.2.
- Team will research and plan 2nd community service
projects
- Team will design and implement 2nd community
service projects.
- Plan and recruit community partners to put on 2024 Earth Day celebration in the City of Madera.
-Team will trip visiting one of three communities (Fresno, Tulare and Kern) where the community youth is
implementing an air monitoring project to monitor pesticide contamination either in the air or water.

Quarter 4 April – June - Complete community service projects. - Plan and put on Earth Day Celebration.
- Team will write “open letter to editor” to the local
Madera Tribune and high school newspapers on their
projects.
- The group will undertake a legislative visit of elected officials of either city, county or state and/or attend a Central Valley Air
District Board hearing.
01425.0006/990496.1
FY 2024-2025 Budget

MADERA COALITION FOR COMMUNITY JUSTICE
Madera Coalition for Community Justice- Youth Stewardship Budget Line Item Program Total
Project coordinator $4,500.00
Benefits $500.00
Taxes $0.00
Subtotal Personnel $5,000.00
Move-In Assistance $0.00
Supplies & Materials $0.00
Equipment $0.00
Communications $0.00
Meetings & Convenings $0.00
Travel & Transportation $0.00
Training $0.00
Consulting $0.00
Evaluation $0.00
Subtotal Non-Personnel $0.00
Total Personnel & Non-Personnel $5,000.00
Indirect Costs $0.00
TOTAL $5,000.00
Exhibit B
01425.0006/990496.1

COMMUNITYDEVELOPMENT 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 issuedat41 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 ofthe 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 aremandatory 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 (UniformAct) and HUD implementing regulations, 24 CFR PartI asitrelatesto 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 asitrelatesto 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 Exhibit C
01425.0006/990496.1
implementing regulations when published for effect as they relate to non-discrimination against the handicapped.