Update 09/12/2025 at 7:00 p.m. Madera City Council Agenda Page 1 of 6 September 17, 2025
REGULAR MEETING OF THE MADERA CITY COUNCIL AND
SPECIAL MEETING OF THE MADERA CITY COUNCIL AS THE
GROUNDWATER SUSTAINABILITY AGENCY
205 W. 4th Street, Madera, California 93637
NOTICE AND AGENDA
Wednesday, September 17, 2025 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: 889 1965 3075 #. Press *9 to raise your hand to comment and *6 to unmute yourself to speak. Comments will also be accepted via email at [email protected] or by regular mail at 205 W. 4th Street, Madera, CA 93637.
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Update 09/12/2025 at 7:00 p.m. Madera City Council Agenda Page 2 of 6 September 17, 2025
CALL TO ORDER:
ROLL CALL: Mayor Cece Gallegos
Mayor Pro Tem Jose Rodriguez, District 2
Councilmember Rohi Zacharia, District 1
Councilmember Steve Montes, District 3
Councilmember Anita Evans, District 4
Councilmember Elsa Mejia, District 5
Councilmember Artemio Villegas, District 6
INVOCATION: Joyce Lane, Glory of Zion Ministries
PLEDGE OF ALLEGIANCE:
APPROVAL OF AGENDA:
PRESENTATIONS:
1. Proclamation Recognizing Old Timers Week
PUBLIC COMMENT:
The first 15 minutes of the meeting are reserved for members of the public to address the Council on items which are within the subject matter jurisdiction of the Council. Speakers shall be limited to three minutes.
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.
A. PUBLIC HEARINGS:
A-1 Public Hearing Regarding the Program Year 2024/25 Community Block Grant (CDBG) Consolidated Annual Performance and Evaluation Report (CAPER) and Financial Summary Recommendation: Conduct a Public Hearing, Invite Public Input, and Adopt a Resolution Approving the City’s Program Year 2024/25 CAPER and Financial Summary (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 – September 3, 2025 and September 10, 2025
Recommendation: Approve the City Council Minutes of September 3, 2025 and September 10, 2025 (Report by Alicia Gonzales)
B-2 Informational Report on Register of Audited Demands Recommendation: Review Register of Audited Demands Report for August 23, 2025 to September 5, 2025 (Report by Michael Lima)
B-3 Informational Report on Personnel Activity
Update 09/12/2025 at 7:00 p.m. Madera City Council Agenda Page 3 of 6 September 17, 2025
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 Madera County Elections Division Fee Waiver Request for the Special Election occurring November 4, 2025
Recommendation: Adopt a Resolution Waiving the Rental Fees of the Pan American Community Center starting on October 31, 2025, and ending on November 4, 2025, related to the Special Election, hosted by the Madera County Elections Division, at an Anticipated Rental Fee of $4,045 (Report by Joseph Hebert)
B-5 Madera Unified School District Attendance Recovery Camp Consultant Services Agreement for School Year 2025-2026
Recommendation: Adopt a Resolution Approving a Consultant Services Agreement between the City of Madera and Madera Unified School District for the Attendance Recovery Camp for School Year 2025-2026, not to exceed $11,274 (Report by Joseph Hebert)
B-6 Easement Deed from Jose Diaz Contreras and Gabino Diaz Hernandez for Sidewalk Improvements at 416 Amerine Avenue for City Project R-94 Bid Package 3 Phase 2 AHSC Agreement No. 19-AHSC-12761
Recommendation: Adopt a Resolution Approving an Agreement for Purchase of an Easement at 416 Amerine Avenue (APN 009-071-024) (Report by Keith Helmuth) B-7 Second Amendment to the Agreement with Stantec Consulting Services, Inc. to Prepare the Quarterly Groundwater Monitoring Reports
Recommendation: Adopt a Resolution Approving a Second Contract Amendment to the Professional Engineering Consulting Services with Stantec Consulting Services to Prepare the Quarterly Groundwater Monitoring Reports as Required by the New Waste Discharge Permit (R5-2022-0074) for the Wastewater Treatment Facility for 27,000 (Report by Arnoldo Rodriguez) B-8 Streamlining Caltrans Improvements to the Avenue 17 and State Route 99 Interchange Recommendation: Adopt a Resolution Authorizing Kimley Horn and Associates to Act Related to Certain Caltrans Improvements for Avenue 17 and State Route 99, and to Approve a Covenant to Indemnify with NP Opco, LLC. (Report by Keith Helmuth)
B-9 City Participation in the National Opioid Settlement Agreements with Secondary Manufacturers
Recommendation: Adopt a Resolution:
1. Approving Settlement Agreements and Participation Forms for the City’s participation in the New National Opioid Settlement Agreements with Alvogen, Inc., Amneal Pharmaceuticals Inc., Apotex Inc., Hikma Pharmaceuticals Usa, Inc., Indivior Inc., Mylan Pharmaceuticals Inc., Sun Pharmaceutical Industries, Inc., and Zydus Pharmaceuticals Inc., (collectively referred to as Secondary Manufacturers), and authorizing the City Manager to execute all necessary documents and carry out all required actions to ensure Update 09/12/2025 at 7:00 p.m. Madera City Council Agenda Page 4 of 6 September 17, 2025
the City’s participation, including transmittal of executed documents and participation in future related settlements, as applicable; and
2. Approving the California State-Subdivision Agreements Regarding Distribution and Use of Settlement Funds relating to the New National Opioid Settlement Agreements with Secondary Manufacturers (Report by Arnoldo Rodriguez)
B-10 City Participation in the National Opioid Settlement Agreements with Purdue and Sackler Family
Recommendation: Adopt a Resolution:
1. Approving Settlement Agreements and Participation Forms for the City’s participation in the New National Opioid Settlement Agreements with Purdue Pharma LLC., and the Sackler Family and their affiliates (Purdue) and authorizing the City Manager to execute all necessary documents and carry out all required actions to ensure the City’s participation, including transmittal of executed documents and participation in future related
settlements, as applicable; and
2. Approving the California State-Subdivision Agreements Regarding Distribution and Use of Settlement Funds relating to the New National Opioid Settlement Agreements with Purdue and the Sackler Family (Report by Arnoldo Rodriguez)
B-11 Community Development Block Grant (CDBG) Program Year 2025/26 Subrecipient Agreements
Recommendation: Adopt Resolutions Approving the Program Year 2025/26 CDBG Subrecipient Agreement for Services for:
1. $177,958.20 with City of Madera Program Year 2025/26 CDBG Administration; and
2. $20,000 with Community Action Partnership of Madera County; and
3. $15,000 with Madera Coalition for Community Justice; and
4. $15,000 with Project Run Madera; and
5. $15,000 with O.L.I.V.E. Charitable Organization; and
6. $45,000 with Community Action Partnership of Madera County; and
7. $18,446.20 with Madera County Workforce; and
8. $40,022.45 with City of Madera Parks Department (Senior Program); and
9. $230,047 with City of Madera Public Works Department (Sidewalk Replacement Program); and
10. $413,317.15 with City of Madera Parks Department (Centennial Pool Complex); and
11. $10,000 with City of Madera Parks Department (Taubert Park) (Report by Michael Lima)
Update 09/12/2025 at 7:00 p.m. Madera City Council Agenda Page 5 of 6 September 17, 2025
C. WORKSHOP: None
D. PETITIONS, BIDS, RESOLUTIONS, ORDINANCES, AND AGREEMENTS:
D-1 Sixth Amendment to the City Clerk At-Will Employment Agreement Recommendation: This report has been prepared at the direction of the City Council (Council), therefore there is no staff recommendation provided. Council is asked to consider and determine whether to adopt the Resolution approving a Sixth Amendment to the City Clerk At-Will Employment Agreement (Report by Wendy Silva)
D-2 Award of Contract and Budget Amendment the Airport Apron A2 and Hangar Taxilane Rehabilitation Project
Recommendation: Adopt a Resolution:
1. Awarding the construction contract for the Apron A2 and Hangar Taxilane Rehabilitation Project to Terra West Construction, Inc. for $2,199,805.00; and
2. Amending the Fiscal Year 2025-26 Operating Budget, and
3. Adopting a Class 2 (Replacement or Reconstruction) Categorical Exemption under CEQA (Report by Arnoldo Rodriguez)
E. ADMINISTRATIVE REPORTS:
E-1 Selecting Recipients for October Proclamations
Recommendation: Request for Council’s Selection of Recipients for the following Proclamations: Breast Cancer Awareness Month, Indigenous People’s Day, Domestic Violence Awareness Month (Report by Alicia Gonzales) E-2 Domestic Well Mitigation Program (DWMP)
Recommendation: Receive update and provide direction regarding information provided as part of this report to City Council (Action on this item by the (GSA) Groundwater Sustainability Agency) (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.
G. CLOSED SESSION: None
FUTURE MEETING DATES:
Wednesday, October 1, 2025
Wednesday, October 15, 2025
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 Update 09/12/2025 at 7:00 p.m. Madera City Council Agenda Page 6 of 6 September 17, 2025
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 details 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.
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 September 17, 2025, near the front entrances of City Hall and on the City’s website www.madera.gov at 7:00 p.m. on September 12, 2025. _______________________
Alicia Gonzales, City Clerk
REPORT TO CITY COUNCIL
Approved by: Council Meeting of: September 17, 2025
__________________________________ Agenda Number: _____ Michael Lima, Director of Financial Services
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:
Public hearing regarding the Program Year 2024/25 Community Block Grant (CDBG) Consolidated Annual Performance and Evaluation Report (CAPER) and financial summary RECOMMENDATION:
Conduct a public hearing, invite public input, and adopt a Resolution approving the City’s Program Year 2024/25 CAPER and financial summary
SUMMARY:
The CAPER details the progress made using CDBG funds during Program Year (PY) 2024/25 (July 1, 2024, to June 30, 2025) towards achieving the goals identified in the City’s Program Year 2024/25 Annual Action Plan (AAP). The City will meet Housing and Urban Development Department (HUD) requirements regarding preparation and adoption of the CAPER, including public noticing and the opportunity to receive public comment. Staff recommends approval of the CAPER to meet the City’s program obligations for continued receipt and use of CDBG funds.
DISCUSSION:
The City is a CDBG entitlement jurisdiction which receives an annual funding allocation. HUD requires CDBG entitlement communities to annually review and publicly report on the progress made in carrying out the AAP. This public report is the CAPER.
In addition to requiring its preparation, HUD regulations require an opportunity for the public to comment on the CAPER. For the PY 2024/25 CAPER, the 15-day required public comment period began August 30, 2025 by publishing a public hearing notice in the Madera Tribune. The public comment notice was also shared with the Madera County Library and Housing Authority of the City of Madera. Notices contained details about the date, time, and location for the public hearing AͲ1
and directions on submission of citizen comments. The public comment period ends on September 15, 2025. No comments were received as of the writing of this staff report; however, any comments received after the production of this staff report will be shared with Council during its September 17, 2025 meeting.
The CAPER reflects the City’s continued progress in both expending its CDBG funds in a timely manner and meeting the program’s primary objectives. The City received $989,495 for its PY 2024/25 CDBG allocation. The total disbursement amount for PY 2024/25 was $1,094,060.14.
The difference between the Program Year’s allocation and expenditures is caused by expenditures in projects from previous Program Years that were completed or made significant progress. Please refer to HUD report PR26 (Attachment B) for a detailed breakdown of expended funds.
The following provides a summary of activities and accomplishments of programs and projects during the PY 2024/25.
Table 1: Summary of CDBG Sub-Recipient Accomplishments
Sub-Recipient Goal Outcome PY 2024/25 Accomplishments
Madera Coalition for
Community Justice
(MCCJ) – Youth
Environmental
Stewardship
30 Clients
served
32 clients
served
MCCJ surpassed their goal and
successfully served 32 students in their
year-long program focusing on
environmental justice issues.
O.L.I.V.E. Charitable
Organization – The
Bennet House
24 Clients
Served
31 Clients
Served
O.L.I.V.E. exceeded their goal to provide
services to victims of human sex
trafficking. Case-managed care
including counseling, education/job
assistance, drug rehabilitation, and
financial literacy and training were
provided.
City of Madera Parks
Department -Seniors
Nutrition & Recreation
Program
500
Clients
Served
333
Clients
Served
The City Parks Department served
approximately 333 unduplicated seniors
with nutritious meals at the Pan-Am
Community Center and the Frank
Bergon Senior Center. Additional
recreation activities were also
implemented such as health and
wellness classes, nutrition education,
games, and arts and crafts.
Project Run Madera –
Project Run Madera
500
Clients
Served
442
Clients
Served
Project Run served 442 Madera track
and field athletes with running shoes,
shirts, sports bras and socks.
CAPMC – Housing
Stabilization
10 Clients
Assisted
23 Clients
Assisted
CAPMC Housing assisted 23 individuals
to prevent homelessness by providing
direct housing assistance, case
management, and supportive services.
CAPMC – Continuum of
Care
N/A1 N/A1 The CAPMC CoC program addressed
community challenges created by
homelessness, coordinated case
management, intake, and referrals with
the local and regional collaboration of
homeless service providers, input and
accessed data to the Homeless
Management Information System and
represented Madera in the
Fresno/Madera Continuum of Care.
City of Madera Parks
Department- Frank
Bergon Center
4,180
Clients
Assisted
4,180
Clients
Assisted
The City Parks Department completed
upgrades and repairs to the Frank
Bergon Senior Center which included
kitchen upgrades and perimeter
fencing.
City of Madera- Public
Works DepartmentSidewalk and ADA Corner
Ramp
10,000
Clients
Assisted
2,000
Clients
Assisted
Approximately 5,000 square linear feet
of sidewalk completed. These repairs
were completed in low-moderate
income residential areas within City
limits. Approximately 2,000 lowmoderate income residents will benefit from sidewalk improvements.
City of Madera –
Engineering Department
Parking Lot
Rehabilitation
6,600
Clients
Assisted
0 Clients
Assisted
This project is underway. The goal of
the project involves improving parking
lots of City owned community buildings.
City of Madera –
Engineering Department
Clinton Street Sewer and
Water Improvements
3,034
Clients
Assisted
0 Clients
Assisted
This project is underway. The goal of
the project is to repair, rehabilitate, and
replace deteriorating sewer main and
water lines along Clinton Avenue. Upon
completion, an approximate 3,034 local
residents will benefit from this
improvement.
1 Administration grant, therefore, no direct clients are served In September 2020 and June 2021, the City received CDBG funds to respond, prepare, and prevent Coronavirus (CDBG -CV). The combined total of both allocations was $938,981. Of this total, $50,000 was allocated to the City for the administration of these funds. At the end of PY 2024/2025, 71 percent of the total CDBG-CV award has been expended. HUD requires all CDBG- CV funds to be expended by September 2026. During the 2023/2024 Program Year, staff received CDBG-CV technical assistance to explore other eligible uses of CDBG-CV funds and received guidance about the process required to repurpose CDBG-CV funds. Staff continued monitoring CDBG-CV subrecipients. Since approximately 29 percent of the CDBG-CV awards remain unspent, staff will return to Council later this fiscal year to seek guidance in repurposing these funds to avoid returning unexpended CDBG-CV funds to HUD. Please refer to HUD report PR26 (Attachment C) for a detailed breakdown of expended funds.
FINANCIAL IMPACT:
Approval of the CAPER will not have a direct financial impact on the General Fund, but will satisfy HUD requirements to maintain the City’s eligibility for future CDBG funding.
ALTERNATIVES:
As an alternative, the Council may:
Request additional information from staff prior to taking action. Request that staff modify and/or amend the draft CAPER prior to action. Direct staff to not submit the CAPER to HUD.
ATTACHMENTS:
1. Resolution
2. Attachment A: PY 2024/25 CAPER
3. Attachment B: HUD Report PR-26 CDBG Expenditure Report
4. Attachment C: HUD Report PR-26 CDBG-CV Expenditure Report RESOLUTION NO. 25-___
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,
CALIFORNIA APPROVING THE PROGRAM YEAR (PY) 2024/25
COMMUNITY DEVELOPMENT BLOCK GRANT CONSOLIDATED ANNUAL
PERFORMANCE AND EVALUATION REPORT AND FINANCIAL SUMMARY WHEREAS, the Consolidated Annual Performance and Evaluation Report (CAPER) reflects City of Madera’s performance of its PY 2024/2025 CDBG Annual Action Plan; and WHEREAS, the U.S. Department of Housing and Urban Development (HUD) requires entitlement communities receiving CDBG funds to annually review and publicly report on the progress made in carrying out its Annual Action Plan; and WHEREAS, HUD requires submission of the CAPER within 90 days after the program year end on June 30, 2024; and
WHEREAS, as required by HUD regulations, citizen participation was encouraged by publishing notice of the public comment period and hearing, inviting the public to provide input; and
WHEREAS, published notices contained details about the date, time and location for the public hearing and advised that citizens’ comments may be submitted in person or in writing until September 15, 2025; and
WHEREAS, at its regular City Council Meeting of September 17, 2025, the City Council held a public hearing to consider the CAPER; and
WHEREAS, staff recommends approval of the CAPER to ensure compliance with HUD requirements and to ensure that City’s continued receipt and use of CDBG funding is not jeopardized.
NOW THEREFORE, the City council of the City of Madera hereby finds, orders and resolves as follows:
1. The foregoing recitals are true and correct and are incorporated herein by reference.
2. The City Council approves the PY 2024/2025 HUD City of Madera Consolidated Annual Performance and Evaluation Report and Financial Summary Report, a copy of which is attached as Attachment A to this resolution and incorporated by reference.
3. This resolution is effective immediately upon adoption.
City of Madera
2024/2025
Consolidated Annual
Performance and
Evaluation Report
Marcela Zuniga
Grants Administrator
[email protected]
Liliana Camacho
Program Manager – Grants
[email protected]
205 W. Fourth Street
Madera, CA 93637
www.madera.gov
Attachment A
CAPER 1
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-05 - Goals and Outcomes
Progress the jurisdiction has made in carrying out its strategic plan and its action plan. 91.520(a) This could be an overview that includes major initiatives and highlights that were proposed and executed throughout the program year.
The Program Year 2024/25 Year is the final year of the City of Madera's current Consolidated Plan for planning years 2020-2024 and accounts for projects and activities funded with Community Development Block Grant (CDBG) funds. The Program Year (PY) 2024/25 Consolidated Annual Performance and Evaluation Report (CAPER) provides a summary of accomplishments for activities between July 1, 2024, through June 30, 2025.
Major initiatives and highlights proposed and executed throughout the program year are as follows:
Public Services:
1. Project Run Madera, Project Run Madera assisted 442 student athletes with new running shoes, sports bras, shorts, and other running gear.
2. OLIVE, OLIVE Safe House exceeded their goal in the number of persons assisted by successfully providing individualized care to 31 victims of human trafficking.
3. Madera Coalition for Community Justice, Youth Stewardship Project exceeded their goal and assisted 32 youth in the area of community environmentalism.
4. Community Action Partnership, Housing Stabilization Project assisted 23 individuals to prevent homelessness by providing direct emergency housing assistance, case management, and supportive services.
5. City of Madera Parks, Senior Nutrition Project served 333 seniors by providing various extracurricular activities and congregate meals.
Capital/Public Improvement Projects:
1. City of Madera Parks, Improvements to the Frank Bergon Senior Center were completed and will benefit approximately 4,180 seniors in the community.
CAPER 2
OMB Control No: 2506-0117 (exp. 09/30/2021)
2. City of Madera Engineering Department, Parking Lot Rehabilitation at local community centers is underway. Upon completion, an anticipated 6,600 Madera residents will benefit from such improvements.
3. City of Madera Engineering Department, Clinton Street Water and Sewer Project has made great progress. It is estimated that about 3,034 local residents will benefit from this improvement.
4. City of Madera Public Works Department, Sidewalks and ADA Ramp Improvements Project completed this project. Over 5,000 square linear feet of concrete was poured this PY.
Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g) Categories, priority levels, funding sources and amounts, outcomes/objectives, goal outcome indicators, units of measure, targets, actual outcomes/outputs, and percentage completed for each of the grantee’s program year goals.
Goal Category Source /
Amount
Indicator Unit of
Measure
Expected
Strategic
Plan
Actual
Strategic
Plan
Percent
Complete
Expected
Program
Year
Actual
Program Year
Percent
Complete
Access to
Affordable
Housing
Affordable
Housing
CDBG: $
/ RLF: $
Public Facility
or
Infrastructure
Activities other
than
Low/Moderate
Income
Housing
Benefit
Persons
Assisted
200 0 0.00% 0 0 0.00%
Access to
Affordable
Housing
Affordable
Housing
CDBG: $
/ RLF: $ Other Other 20 0 0.00% 0 0 0.00%
CAPER 3
OMB Control No: 2506-0117 (exp. 09/30/2021)
Goal Category Source /
Amount Indicator Unit of
Measure
Expected
Strategic
Plan
Actual
Strategic
Plan
Percent
Complete
Expected
Program
Year
Actual
Program Year
Percent
Complete
Administration
Administratio
n
CDBG: $
Public service
activities for
Low/Moderate
Income
Housing
Benefit
Households
Assisted
20,000 0 0.00% 0 0 0.00%
Enhance
Economic WellBeing
Non-Housing
Community
Development
CDBG: $
Public service
activities for
Low/Moderate
Income
Housing
Benefit
Households
Assisted
10 0 N/A 0 0 N/A
Enhance
Quality of
Infrastructure
Non-Housing
Community
Development
CDBG: $
Public Facility
or
Infrastructure
Activities other
than
Low/Moderate
Income
Housing
Benefit
Persons
Assisted
0 15,680 N/A 4,180 6,180 100%
Enhance
Quality of
Infrastructure
Non-Housing
Community
Development
CDBG: $ Other Other 1,500 0 0.00% 6,600 0 0.00%
CAPER 4
OMB Control No: 2506-0117 (exp. 09/30/2021)
Goal Category Source/
Amount
Indicator
Unit of
Measure
Expected
Strategic
Plan
Actual
Strategic
Plan
Percent
Complete
Expected
Program
Year
Actual
Program Year
Percent
Complete
Improve Access
to Services
Non-Homeless
Special Needs
Non-Housing
Community
Development
CDBG: $
Public service
activities other
than
Low/Moderate
Income
Housing
Benefit
Persons
Assisted
840 1,892 100% 1,030 807 78%
Improve Access
to Services
Non-Homeless
Special Needs
Non-Housing
Community
Development
CDBG: $ Other Other 0 0 0.00% 0 0 0.00%
Prevent and
Reduce
Homelessness
Homeless CDBG: $ Homelessness
Prevention
Persons
Assisted
300 56 19% 34 54 100%
Table 1 - Accomplishments – Program Year & Strategic Plan to Date CAPER 5
OMB Control No: 2506-0117 (exp. 09/30/2021)
Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan, giving special attention to the highest priority activities identified.
Each of the goals listed in the above charts are indicative of the programs the City assisted to address the specific objectives identified in the PY 2024/25 AAP. In terms of the City’s use of funds towards the highest need area (housing and homelessness), the City continued diligent efforts in filling these local gaps and meeting the annual goals. A portion of the City's CDBG Administration allocation funded the Community Action Partnership of Madera County (CAPMC) local and regional homeless services coordination and participation in the Fresno Madera Continuum of Care (FMCoC). This project serves to plan the annual Point In Time homeless count.
CAPER 6
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-10 - Racial and Ethnic composition of families assisted Describe the families assisted (including the racial and ethnic status of families assisted).
91.520(a)
CDBG
White 3,680
Black or African American 191
Asian 92
American Indian or American Native 30
Native Hawaiian or Other Pacific Islander 0
Total 3,993
Hispanic 3,210
Not Hispanic 783
Table 2 – Table of assistance to racial and ethnic populations by source of funds Narrative
The CDBG program serves residents of all races and ethnicities. In the “White” category, 617 residents identify as “Other” in the demographic information collected by subrecipients. For purposes of ensuring these individuals were represented, they were placed in the “White” category. CDBG and all other federal and state funds committed to activities within the City of Madera include a directive to serve low- and moderate-income persons and households within the community. The City will continue to assess outreach, intake and delivery of projects/activities to reach and accommodate the targeted population.
CAPER 7
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-15 - Resources and Investments 91.520(a)
Identify the resources made available
Source of Funds Source Resources Made
Available
Amount Expended
During Program Year
CDBG public - federal $989,495 $1,094,060
Other public - federal 0
Other public - state 0
Table 3 - Resources Made Available
Narrative
Identify the geographic distribution and location of investments Target Area Planned Percentage of
Allocation
Actual Percentage of
Allocation
Narrative Description
City of Madera City
Limits 100 100
Table 4 – Identify the geographic distribution and location of investments Narrative
All funds were expended within CDBG eligible census tracts. Staff verifies eligibility using the map application of the low-and moderate- income summary data (LMISD). In addition to the PY 2024/25 CDBG allocation, previous years’ allocations were expended as progress on open projects continued.
CAPER 8
OMB Control No: 2506-0117 (exp. 09/30/2021)
Leveraging
Explain how federal funds leveraged additional resources (private, state and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction that were used to address the needs identified in the plan.
The majority of the subrecipients have secondary resources to maximize their CDBG funding award. Resources made available to carry out CDBG-funded subrecipient activities include sources from the Fresno/Madera Area Agency on Aging, Local Workforce Innovation and Opportunity Act, CalWORKs, Department of Rehabilitation, Local Transportation Funds and Development Impact Fees. In addition, some subrecipients receive donations and utilize in-kind volunteers.
CAPER 9
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-20 - Affordable Housing 91.520(b)
Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served, the number of extremely low-income, low-income, moderate-income, and middle-income persons served.
One-Year Goal Actual
Number of Homeless households to be
provided affordable housing units 34 0
Number of Non-Homeless households to be
provided affordable housing units 0 0
Number of Special-Needs households to be
provided affordable housing units 0 0
Total 34 0
Table 5 – Number of Households
One-Year Goal Actual
Number of households supported through
Rental Assistance 0 0
Number of households supported through
The Production of New Units 0 0
Number of households supported through
Rehab of Existing Units 1 0
Number of households supported through
Acquisition of Existing Units 0 0
Total 1 0
Table 6 – Number of Households Supported
Discuss the difference between goals and outcomes and problems encountered in meeting these goals.
The City understands the need for an increase in affordable housing. No applications were received for this specific project; so, the City will work on citizen participation to improve community outreach.
The City is now a HOME Participating Jurisdiction (PJ) and will use HOME funds to increase housing stock and/ or improving the existing housing stock in the community. This may be met through the implementation of an owner-occupied rehabilitation program and /or through the development of affordable housing.
Discuss how these outcomes will impact future annual action plans.
The City recognizes the ongoing need to support affordable housing and work toward CAPER 10
OMB Control No: 2506-0117 (exp. 09/30/2021)
preventing/reducing homelessness. The demand for affordable housing programs continues.
The increase in home appraisals results in higher down payment costs, creating a burden for residents trying to purchase a home. The City will continue to seek partnerships with affordable housing developers to provide the affordable housing units needed.
Include the number of extremely low-income, low-income, and moderate-income persons served by each activity where information on income by family size is required to determine the eligibility of the activity.
The goal of number of homeless assistance was met, but the City understands that there is still a need/importance of affordable housing. No applications were received for this specific project; so, the City will work on citizen participation to improve community outreach.
Number of Households Served CDBG Actual HOME Actual
Extremely Low-income 0 0
Low-income 0 0
Moderate-income 0 0
Total 0 0
Table 7 – Number of Households Served
Narrative Information
The City is aware of the need for increased affordable housing stock in the community. The need to assist families obtain or maintain affordable housing is critical for a community to thrive. As mentioned, the City is now a HOME PJ. The Consolidated Plan for the planning years 2025-2029 is focused on increasing affordable housing stock. In addition to CDBG and HOME funds, the City intends on utilizing Permanent Local Housing Allocation (PLHA) program funds and other federal, state, and local funds as they become available to invest in affordable housing for the community.
CAPER 11
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending homelessness through: Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
The City collaborates with the Madera Homeless Coalition. This coalition consists of representatives from the Department of Social Services, local faith-based organizations, Madera Food Bank, Madera Rescue Mission, the Madera County Sherriff's Department, and the Madera Police Department. The Community Action Partnership of Madera County (CAPMC) leads the Coalition and represents the region on the Fresno Madera Continuum of Care (FMCoC). The FMCoC coordinates an active multi-disciplinary team. Efforts to meet specific objectives for reducing and ending homelessness are evaluated. The outcome of this evaluation determines the direction taken to reach out to support the homeless.
During the PY 2024/25, two subrecipients met and exceeded their goal toward preventing and reducing homelessness. The OLIVE Safe House projects assisted 31 victims of human sex trafficking. Case managed care including counseling, education/job assistance, drug rehabilitation, and financial literacy and training were provided. The second subrecipient was the Housing Stabilization project operated by CAPMC. A total of 23 individuals received either direct housing assistance, case management, or supportive services that prevented homelessness.
Addressing the emergency shelter and transitional housing needs of homeless persons The City collaborates with CAPMC, an active member of the Fresno Madera Continuum of Care (FMCoC). The FMCoC is the organization responsible for the Fresno & Madera Regional 10-Year Plan to end Homelessness. The FMCoC meets HUD’s requirements to provide a comprehensive coordinated homeless housing and services delivery system. The FMCoC assisted homeless persons in making the critical transition from homelessness to independent or supportive permanent housing, accessing education, health and mental health services, employment training, and life skills development. CAPMC also operates a Housing Stabilization program which helps individuals receive temporary emergency housing assistance.
Additionally, the City works in close partnership with the Madera Rescue Mission which provides vital services to individuals and families that find themselves without a home. The Mission provides meals, lodging, 9- to- 12 months of in-patient Recovery Program, and additional services designed to prepare individuals to re-enter the community.
CAPER 12
OMB Control No: 2506-0117 (exp. 09/30/2021)
,elƉing loǁͲincome indiǀidualƐ and familieƐ aǀoid becoming ŚomeleƐƐ͕ eƐƉeciallLJ edžƚremelLJ low-income individuals and families and those who are: likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs Resources were provided by the Madera County Department of Social Services through CalFresh, CalWorks, Medi-Cal, General Relief and other programs. In addition, Madera residents have access to facilities in adjacent larger cities and counties that have community care facilities and supportive housing beds for people with health-related needs.
Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again The partnerships developed between the FMCoC members and other agencies allow service providers to coordinate efforts to assist those experiencing homelessness make the transition to permanent housing and remain permanently housed as quickly as possible.
Operated by the Madera Rescue Mission, Multi-Agency Access Program (MAP) is an integrated intake process that connects individuals facing homelessness and connects them with housing. MAP connects those homeless facing challenges with behavioral health, substance abuse, physical health and/or mental health to the appropriate social services.
CAPER 13
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-30 - Public Housing 91.220(h); 91.320(j)
Actions taken to address the needs of public housing
The Housing Authority of the City of Madera (HACM) receives Federal and State funding for the HACM's Section 8, Public Housing, Farm Worker Housing, and Pomona Ranch Migrant Housing Center. The HACM receives annual allocations of Federal and State housing funds. The annual allocations for both are insufficient to address the extent of households paying more than half of their income for rent or living in substandard housing and for providing additional public housing. A portion of the HACM's budget is allocated to maintenance, thereby addressing health and safety needs of their public housing units.
Actions taken to encourage public housing residents to become more involved in management and participate in homeownership
All Public Housing families are invited to participate in becoming a Resident Advisory Board (RAB) member. The members take on an important role in the policy, procedures, and program implementations. RAB members make recommendations regarding the development of the Agency Plan or any significant amendments or modifications to the Agency Annual or Five-Year Plans. All Public Housing participants are invited and encouraged to participate in the Family Self Sufficiency (FSS) program. This program encourages families to become homeowners.
Families in the FSS and Resident Opportunities and Self-Sufficiency programs are provided information on training and employment opportunities and other community resources. At the time that a family moves into a Public Housing unit, a survey is given to them to see what kinds of supportive services would benefit them.
Actions taken to provide assistance to troubled PHAs
Not Applicable. HACM is not designated as a "troubled" agency.
CAPER 14
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j)
Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. 91.220 (j); 91.320 (i) The City of Madera meets the California Department of Housing and Community Development objectives and strategies as follows:
Access to Opportunity/ Outreach and Engagement:
Engaged in campaign or other approach to combat NIMBYism. The Housing Element and Zoning Ordinance support a variety of housing supply.
Ensure language access (e.g., translations and multi-lingual staff) in dominant languages in materials and at meetings):
Bilingual (English and Spanish) public meeting and hearing announcements are published and posted. Availability of translation is verbally announced during the public hearings. Posted.
Bilingual staff is available during each public meeting.
Support strategies to facilitate leadership development (improving capacity to engage in local decision-making):
The Citizens' Police Academy facilitates leadership development. Non-profits are awarded funds for youth and parent engagement activities. The Citizens' Leadership Academy also facilitates citizens learning and understanding of local government operations through a cohort of Department heads.
Recruit residents from neighborhoods to serve or participate in boards, committees and other local government bodies:
The City Council is elected by district and the Mayor is elected at-large. The City Council approves the appointment of members from each district as recommended by the Mayor to boards, committees, and other local government bodies.
Meetings:
Meetings are held in the evenings in locations accessible to persons with disabilities and interpretation/translation services provided.
Actively seek a variety of funding opportunities:
Staff actively seeks funding sources to rehabilitate homes, develop parks, expand transit, and provide pedestrian and bicycle transportation.
Seek funding to prioritize basic infrastructure improvements while mitigating displacement and increased costs to vulnerable populations (e.g., seniors, persons with disabilities and CAPER 15
OMB Control No: 2506-0117 (exp. 09/30/2021)
farmworkers):
Staff actively seeks funds to improve infrastructure in disadvantaged areas of the City. No displacement or increased costs are associated with these improvements.
Target acquisition and rehabilitation of vacant and blighted properties:
Staff actively seeks funds for infill development.
Affirmatively market or take other actions to promote use of housing choice vouchers in high opportunity areas:
The HACM promotes the use of housing choice vouchers citywide.
Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j) In PY 2024/2025, the City funded programs and activities to address underserved needs among all the funded projects. Notable challenges reported by subrecipients include:
• OLIVE Charitable Organization partnered with local law enforcement and other agencies to identify, rescue and rehabilitate victims of sex trafficking. They assisted a total of 31 clients in the program year. While this exceeded their goal of assisting 24, the rapid rise in victims of sex trafficking results in referrals to outside agencies to avoid compromising the quality of care provided.
• Project Run helped provide 442 student athletes with running shoes, shorts, shirts, sports bras and socks. However, was unable to meet the 500-person goal due to increased costs.
• City Parks, Senior Nutrition project experienced an increased population of unsheltered individuals congregating outside of the senior centers. The challenges of cleaning and sanitizing surrounding areas became problematic. Staff reported a concern of the impact to attendance.
Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j) The City and subrecipients provide lead-based paint testing as required by funding sources for residential rehabilitation and acquisition.
Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j) The City provided assistance to at-risk youth and their families. Mentorship, social activities, leadership strategies and multiple resources were provided to these individuals and families to help them achieve more stable and healthy lives.
CAPER 16
OMB Control No: 2506-0117 (exp. 09/30/2021)
Actions taken to develop institutional structure. 91.220(k); 91.320(j) The City's CDBG-funded programs are administered by the City's Finance Department - Grants Division. This Division works collaboratively with other City Departments such as Planning, Community Development, Engineering, Finance, Building, Public Works, and Parks. With the planning of the 2025-2029 Consolidated Plan, City staff was able to meet many new stakeholders. The City understands the importance of networking within the community and remains committed to resume such practice during PY 2025/26.
Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.320(j)
The City will continue to meet with HACM staff during PY 2025/26 to address the local needs of public housing residents and bridge the social service gap. The HACM was very involved in stakeholder meetings during the preparation of the 2025-2029 Consolidated Plan. Their feedback was documented and helped identify local needs.
Identify actions taken to overcome the effects of any impediments identified in the jurisdictions analysis of impediments to fair housing choice. 91.520(a) The City has continued to comply with antidiscrimination requirements, including all applicable Federal regulations as demonstrated in the City’s application for Community Development Block Grant, HOME, and other Federal funds, implement policies and programs identified in its Housing Element and implement Zoning Ordinance amendments necessary to further fair housing and implement the recommended actions in the City of Madera ADA Self-Evaluation and Transition Plan to modify its policies, practices, and procedures to avoid discrimination against people with disabilities.
CAPER 17
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-40 - Monitoring 91.220 and 91.230
Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements
City staff is available to offer assistance and answer questions from subrecipients. At minimum, City staff contacts each subrecipient on a quarterly basis upon the submission of quarterly reports, invoices, and any related matters. Staff works with departments issuing CDBG-funded Request For Proposals (RFP) to ensure federal compliance with additional rules and regulations.
Citizen Participation Plan 91.105(d); 91.115(d)
Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports.
Pursuant to HUD public noticing requirements, the CAPER was made available for a 15-day public review and comment period. This public comment period began on August 30, 2025. The notice of the public comment period was published in the Madera Tribune. The draft CAPER is available on the City's website at www.madera.gov. Copies are also available at Madera City Hall in the Grants Division’s office. The notice was also provided to the HACM and the Madera County Library. The public was invited to submit comments directly to staff during the comment period.
The 15-day public review and comment period will close on September 15, 2025. A public hearing is scheduled for Wednesday, September 17, 2025. **This section to be updated after the public hearing as appropriate.
CR-45 - CDBG 91.520(c)
Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives and indications of how the jurisdiction would change its programs as a result of its experiences.
Community outreach efforts with citizens were meaningful and informed when developing the Action Plan. Community input was prioritized in the development of the AAP. There were no changes in program objectives.
Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants?
No.
CAPER 18
OMB Control No: 2506-0117 (exp. 09/30/2021)
BEDI grantees: Describe accomplishments and program outcomes during the last year.
N/A
CAPER 19
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-58 – Section 3
Identify the number of individuals assisted and the types of assistance provided Total Labor Hours CDBG HOME ESG HOPWA HTF
Total Number of Activities 1 0 0 0 0
Total Labor Hours 240
Total Section 3 Worker Hours 0
Total Targeted Section 3 Worker Hours 0
Table 8 – Total Labor Hours
Qualitative Efforts - Number of Activities by Program CDBG HOME ESG HOPWA HTF Outreach efforts to generate job applicants who are Public Housing Targeted Workers
Outreach efforts to generate job applicants who are Other Funding Targeted Workers.
Direct, on-the job training (including apprenticeships).
Indirect training such as arranging for, contracting for, or paying tuition for, off-site training.
Technical assistance to help Section 3 workers compete for jobs (e.g., resume assistance, coaching).
Outreach efforts to identify and secure bids from Section 3 business concerns. X
Technical assistance to help Section 3 business concerns understand and bid on contracts.
Division of contracts into smaller jobs to facilitate participation by Section 3 business concerns.
Provided or connected residents with assistance in seeking employment including: drafting resumes, preparing for interviews, finding job opportunities, connecting residents to job placement services.
Held one or more job fairs.
Provided or connected residents with supportive services that can provide direct services or referrals.
Provided or connected residents with supportive services that provide one or more of the following: work readiness health screenings, interview clothing, uniforms, test fees, transportation.
Assisted residents with finding child care.
Assisted residents to apply for, or attend community college or a four year educational institution.
Assisted residents to apply for, or attend vocational/technical training.
Assisted residents to obtain financial literacy training and/or coaching.
Bonding assistance, guaranties, or other efforts to support viable bids from Section 3 business concerns.
Provided or connected residents with training on computer use or online technologies.
Promoting the use of a business registry designed to create opportunities for disadvantaged and small businesses.
Outreach, engagement, or referrals with the state one-stop system, as designed in Section 121(e)(2) of the Workforce Innovation and Opportunity Act.
Table 9 – Qualitative Efforts - Number of Activities by Program PR26 - CDBG Financial Summary Report
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
Integrated Disbursement and Information System
DATE:
TIME:
PAGE: 1
13:03
08-28-25
Program Year 2024
MADERA , CA
Metrics
Grantee
Program Year
PART I: SUMMARY OF CDBG RESOURCES
01 UNEXPENDED CDBG FUNDS AT END OF PREVIOUS PROGRAM YEAR 02 ENTITLEMENT GRANT
03 SURPLUS URBAN RENEWAL
04 SECTION 108 GUARANTEED LOAN FUNDS
05 CURRENT YEAR PROGRAM INCOME
05a CURRENT YEAR SECTION 108 PROGRAM INCOME (FOR SI TYPE) 06 FUNDS RETURNED TO THE LINE-OF-CREDIT
06a FUNDS RETURNED TO THE LOCAL CDBG ACCOUNT
07 ADJUSTMENT TO COMPUTE TOTAL AVAILABLE
08 TOTAL AVAILABLE (SUM, LINES 01-07)
PART II: SUMMARY OF CDBG EXPENDITURES
09 DISBURSEMENTS OTHER THAN SECTION 108 REPAYMENTS AND PLANNING/ADMINISTRATION 10 ADJUSTMENT TO COMPUTE TOTAL AMOUNT SUBJECT TO LOW/MOD BENEFIT 11 AMOUNT SUBJECT TO LOW/MOD BENEFIT (LINE 09 + LINE 10) 12 DISBURSED IN IDIS FOR PLANNING/ADMINISTRATION
13 DISBURSED IN IDIS FOR SECTION 108 REPAYMENTS
14 ADJUSTMENT TO COMPUTE TOTAL EXPENDITURES
15 TOTAL EXPENDITURES (SUM, LINES 11-14)
16 UNEXPENDED BALANCE (LINE 08 - LINE 15)
PART III: LOWMOD BENEFIT THIS REPORTING PERIOD
17 EXPENDED FOR LOW/MOD HOUSING IN SPECIAL AREAS
18 EXPENDED FOR LOW/MOD MULTI-UNIT HOUSING
19 DISBURSED FOR OTHER LOW/MOD ACTIVITIES
20 ADJUSTMENT TO COMPUTE TOTAL LOW/MOD CREDIT
21 TOTAL LOW/MOD CREDIT (SUM, LINES 17-20)
22 PERCENT LOW/MOD CREDIT (LINE 21/LINE 11)
LOW/MOD BENEFIT FOR MULTI-YEAR CERTIFICATIONS
23 PROGRAM YEARS(PY) COVERED IN CERTIFICATION
24 CUMULATIVE NET EXPENDITURES SUBJECT TO LOW/MOD BENEFIT CALCULATION 25 CUMULATIVE EXPENDITURES BENEFITING LOW/MOD PERSONS
26 PERCENT BENEFIT TO LOW/MOD PERSONS (LINE 25/LINE 24) PART IV: PUBLIC SERVICE (PS) CAP CALCULATIONS
27 DISBURSED IN IDIS FOR PUBLIC SERVICES
28 PS UNLIQUIDATED OBLIGATIONS AT END OF CURRENT PROGRAM YEAR 29 PS UNLIQUIDATED OBLIGATIONS AT END OF PREVIOUS PROGRAM YEAR 30 ADJUSTMENT TO COMPUTE TOTAL PS OBLIGATIONS
31 TOTAL PS OBLIGATIONS (LINE 27 + LINE 28 - LINE 29 + LINE 30) 32 ENTITLEMENT GRANT
33 PRIOR YEAR PROGRAM INCOME
34 ADJUSTMENT TO COMPUTE TOTAL SUBJECT TO PS CAP
35 TOTAL SUBJECT TO PS CAP (SUM, LINES 32-34)
36 PERCENT FUNDS OBLIGATED FOR PS ACTIVITIES (LINE 31/LINE 35) PART V: PLANNING AND ADMINISTRATION (PA) CAP
37 DISBURSED IN IDIS FOR PLANNING/ADMINISTRATION
38 PA UNLIQUIDATED OBLIGATIONS AT END OF CURRENT PROGRAM YEAR 39 PA UNLIQUIDATED OBLIGATIONS AT END OF PREVIOUS PROGRAM YEAR 40 ADJUSTMENT TO COMPUTE TOTAL PA OBLIGATIONS
41 TOTAL PA OBLIGATIONS (LINE 37 + LINE 38 - LINE 39 +LINE 40) 42 ENTITLEMENT GRANT
43 CURRENT YEAR PROGRAM INCOME
44 ADJUSTMENT TO COMPUTE TOTAL SUBJECT TO PA CAP
45 TOTAL SUBJECT TO PA CAP (SUM, LINES 42-44)
46 PERCENT FUNDS OBLIGATED FOR PA ACTIVITIES (LINE 41/LINE 45)
MADERA , CA
2,024.00
1,414,377.70
989,495.00
0.00 0.00
7,000.00
0.00 1,705.00
0.00 0.00
2,412,577.70
927,696.98
0.00 927,696.98
166,363.16
0.00 0.00
1,094,060.14
1,318,517.56
0.00 0.00
927,696.98
0.00 927,696.98
100.00%
PY: 2023 PY: 2024 PY: 2025
927,696.98
927,696.98
100.00%
150,340.37
3,224.12
15,145.74
0.00 138,418.75
989,495.00
130,823.18
0.00 1,120,318.18
12.36%
166,363.16
7,731.25
34,623.95
0.00 139,470.46
989,495.00
7,000.00
0.00 996,495.00
14.00%
Attachment B
PR26 - CDBG Financial Summary Report
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
Integrated Disbursement and Information System
DATE:
TIME:
PAGE: 2
13:03
08-28-25
Program Year 2024
MADERA , CA
LINE 17 DETAIL: ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON LINE 17 No data returned for this view. This might be because the applied filter excludes all data.
LINE 18 DETAIL: ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON LINE 18 No data returned for this view. This might be because the applied filter excludes all data.
LINE 19 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 19 Plan
Year
IDIS
Project
IDIS
Activity
Voucher
Number Activity Name MatrixCode
National
Objective Drawn Amount
2023
2023
2023
2023
2024
2024
2021
2021
2021
2021
2022
2023
2023
2023
2023
2024
2024
2024
2023
2024
2024
2024
2024
2024
2024
2024
2024
Total
11 11
11 11
27 27
13 13
13 13
12 12
12 12
9 26
26 26
3 22
24 23
23 23
23 28
28 336
336
336
336
346
346
311
311
311
311
322
337
337
337
334
344
344
344
328
340
342
341
341
341
341
345
345
6999474
7015479
7015490
7021281
7016497
7020110
6999453
6999454
7014941
7021230
6968300
7015210
7020100
7021235
6967785
7009472
7015324
7051593
6967666
7009471
7016896
7009475
7016896
7024543
7051443
7009473
7016896
City Parks Frank Bergon Senior Center
City Parks Frank Bergon Senior Center
City Parks Frank Bergon Senior Center
City Parks Frank Bergon Senior Center
Engineering- City Community & Park Facilities Parking Lot Surface Rehabilitation Project Engineering- City Community & Park Facilities Parking Lot Surface Rehabilitation Project City Public Works Sidewalks Project
City Public Works Sidewalks Project
City Public Works Sidewalks Project
City Public Works Sidewalks Project
City Engineering - ADA Front Desk
City Engineering, Clinton Street Sewer & Water Improvements City Engineering, Clinton Street Sewer & Water Improvements City Engineering, Clinton Street Sewer & Water Improvements City Parks Seniors Nutrition & Recreation Project
City Parks Department- Seniors Nutrition & Recreational Programs City Parks Department- Seniors Nutrition & Recreational Programs City Parks Department- Seniors Nutrition & Recreational Programs Madera Coalition for Community Justice- Youth Environmental Stewardship Project Madera Coalition For Community Justice- Youth Enviromental Stewardship Project Run Madera
O.L.I.V.E Charitable Organization- The Bennet House
O.L.I.V.E Charitable Organization- The Bennet House
O.L.I.V.E Charitable Organization- The Bennet House
O.L.I.V.E Charitable Organization- The Bennet House
Community Action Partnership- Housing Stabilization
Community Action Partnership- Housing Stabilization
03A
03A
03A
03A
03A
03G
03G
03G
03L
03L
03L
03L
03L
03Z
03Z
03Z
03Z
03Z
05A
05A
05A
05A
05A
05D
05D
05D
05D
05G
05G
05G
05G
05G
05Q
05Q
05Q
LMC
LMC
LMC
LMC
Matrix Code 03A
LMC
LMC
Matrix Code 03G
LMC
LMC
LMC
LMC
Matrix Code 03L
LMC
LMC
LMC
LMC
Matrix Code 03Z
LMC
LMC
LMC
LMC
Matrix Code 05A
LMC
LMC
LMC
Matrix Code 05D
LMC
LMC
LMC
LMC
Matrix Code 05G
LMC
LMC
Matrix Code 05Q
$27,704.08
$46,653.58
$376.02
$85,088.04
$159,821.72
$17,759.70
$10,375.94
$28,135.64
$30,536.13
$41,143.47
$77,056.48
$63,022.97
$211,759.05
$19,190.57
$29,199.35
$73,725.58
$255,524.70
$377,640.20
$1,387.83
$23,892.46
$19,290.60
$18,592.82
$63,163.71
$13,752.66
$5,000.00
$10,000.00
$28,752.66
$5,302.01
$1,561.37
$2,711.93
$1,589.69
$11,165.00
$44,642.45
$2,616.55
$47,259.00
$927,696.98
LINE 27 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 27 Plan
Year
IDIS
Project
IDIS
Activity
Voucher
Number
Activity to
prevent,
prepare for,
and respond
to
Coronavirus
Activity Name Grant Number Fund
Type
Matrix
Code
National
Objective
Drawn Amount
2023
2024
2024
2024
9 26
26 26
334
344
344
344
6967785
7009472
7015324
7051593
No
No
No
No
City Parks Seniors Nutrition & Recreation Project
City Parks Department- Seniors Nutrition & Recreational Programs City Parks Department- Seniors Nutrition & Recreational Programs City Parks Department- Seniors Nutrition & Recreational Programs B23MC060053
B24MC060053
B24MC060053
B24MC060053
EN
EN
EN
EN
05A
05A
05A
05A
05A
LMC
LMC
LMC
LMC
Matrix Code 05A
$1,387.83
$23,892.46
$19,290.60
$18,592.82
$63,163.71
PR26 - CDBG Financial Summary Report
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
Integrated Disbursement and Information System
DATE:
TIME:
PAGE: 3
13:03
08-28-25
Program Year 2024
MADERA , CA
Plan
Year
IDIS
Project
IDIS
Activity
Voucher
Number
Activity to
prevent,
prepare for,
and respond
to
Coronavirus
Activity Name Grant Number Fund
Type
Matrix
Code
National
Objective
Drawn Amount
2023
2024
2024
2024
2024
2024
2024
2024
2024
Total
3 22
24 23
23 23
23 28
28 328
340
342
341
341
341
341
345
345
6967666
7009471
7016896
7009475
7016896
7024543
7051443
7009473
7016896
No
No
No
No
No
No
No
No
No
No
Madera Coalition for Community Justice- Youth Environmental Stewardship Project
Madera Coalition For Community Justice- Youth Enviromental Stewardship
Project Run Madera
O.L.I.V.E Charitable Organization- The Bennet House
O.L.I.V.E Charitable Organization- The Bennet House
O.L.I.V.E Charitable Organization- The Bennet House
O.L.I.V.E Charitable Organization- The Bennet House
Community Action Partnership- Housing Stabilization
Community Action Partnership- Housing Stabilization
Activity to prevent, prepare for, and respond to Coronavirus B23MC060053
B24MC060053
B24MC060053
B24MC060053
B24MC060053
B24MC060053
B24MC060053
B24MC060053
B24MC060053
EN
EN
EN
EN
EN
EN
EN
EN
EN
05D
05D
05D
05D
05G
05G
05G
05G
05G
05Q
05Q
05Q
LMC
LMC
LMC
Matrix Code 05D
LMC
LMC
LMC
LMC
Matrix Code 05G
LMC
LMC
Matrix Code 05Q
$13,752.66
$5,000.00
$10,000.00
$28,752.66
$5,302.01
$1,561.37
$2,711.93
$1,589.69
$11,165.00
$44,642.45
$2,616.55
$47,259.00
$150,340.37
$150,340.37
LINE 37 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 37 Plan
Year
IDIS
Project
IDIS
Activity
Voucher
Number Activity Name MatrixCode
National
Objective Drawn Amount
2024
2024
2024
2024
2024
2024
Total
21 21
11 11
11 11
339
339
338
338
338
338
7009464
7016896
7009727
7020452
7052477
7052485
CAPMC- Administration Fresno Madera Continuum of Care
CAPMC- Administration Fresno Madera Continuum of Care
City of Madera, Grants Admin 24-25
City of Madera, Grants Admin 24-25
City of Madera, Grants Admin 24-25
City of Madera, Grants Admin 24-25
21A
21A
21A
21H
21H
21H
21H
21H
Matrix Code 21A
Matrix Code 21H
$3,791.64
$16,208.36
$20,000.00
$92,466.81
$17,208.15
$32,907.35
$3,780.85
$146,363.16
$166,363.16
PR26 - CDBG-CV Financial Summary Report
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
Integrated Disbursement and Information System
DATE:
TIME:
PAGE: 1
13:11
08-28-25
MADERA , CA
Metrics
New Grantee (CV)
PART I: SUMMARY OF CDBG-CV RESOURCES
01 CDBG-CV GRANT
02 FUNDS RETURNED TO THE LINE-OF-CREDIT
03 FUNDS RETURNED TO THE LOCAL CDBG ACCOUNT
04 TOTAL CDBG-CV FUNDS AWARDED
PART II: SUMMARY OF CDBG-CV EXPENDITURES
05 DISBURSEMENTS OTHER THAN SECTION 108 REPAYMENTS AND PLANNING/ADMINISTRATION 06 DISBURSED IN IDIS FOR PLANNING/ADMINISTRATION
07 DISBURSED IN IDIS FOR SECTION 108 REPAYMENTS
08 TOTAL EXPENDITURES (SUM, LINES 05 - 07)
09 UNEXPENDED BALANCE (LINE 04 - LINE8 )
PART III: LOWMOD BENEFIT FOR THE CDBG-CV GRANT
10 EXPENDED FOR LOW/MOD HOUSING IN SPECIAL AREAS
11 EXPENDED FOR LOW/MOD MULTI-UNIT HOUSING
12 DISBURSED FOR OTHER LOW/MOD ACTIVITIES
13 TOTAL LOW/MOD CREDIT (SUM, LINES 10 - 12)
14 AMOUNT SUBJECT TO LOW/MOD BENEFIT (LINE 05)
15 PERCENT LOW/MOD CREDIT (LINE 13/LINE 14)
PART IV: PUBLIC SERVICE (PS) CALCULATIONS
16 DISBURSED IN IDIS FOR PUBLIC SERVICES
17 CDBG-CV GRANT
18 PERCENT OF FUNDS DISBURSED FOR PS ACTIVITIES (LINE 16/LINE 17) PART V: PLANNING AND ADMINISTRATION (PA) CAP
19 DISBURSED IN IDIS FOR PLANNING/ADMINISTRATION
20 CDBG-CV GRANT
21 PERCENT OF FUNDS DISBURSED FOR PA ACTIVITIES (LINE 19/LINE 20)
MADERA , CA
938,981.00
0.00 0.00
938,981.00
614,415.00
50,000.00
0.00 664,415.00
274,566.00
0.00 0.00
614,415.00
614,415.00
614,415.00
100.00%
421,415.00
938,981.00
44.88%
50,000.00
938,981.00
5.32%
Attachment &
PR26 - CDBG-CV Financial Summary Report
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
Integrated Disbursement and Information System
DATE:
TIME:
PAGE: 2
13:11
08-28-25
MADERA , CA
LINE 10 DETAIL: ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON LINE 10 No data returned for this view. This might be because the applied filter excludes all data.
LINE 11 DETAIL: ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON LINE 11 No data returned for this view. This might be because the applied filter excludes all data.
LINE 12 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 12 Plan Year IDIS Project IDIS
Activity
Voucher
Number Activity Name MatrixCode
National
Objective Drawn Amount
2020
Total
16 17
18 19
281
284
282
283
6477353
6496138
6650280
6908655
6496138
6528743
6650237
6931669
6496138
6650290
6908056
6908480
6908481
6908483
6908484
6908485
6908486
6908487
6908488
7016896
6496138
6528743
6650260
6932156
7025765
Eviction & Utility Shutoff Prevention
Eviction & Utility Shutoff Prevention
Eviction & Utility Shutoff Prevention
Eviction & Utility Shutoff Prevention
Micro Enterprise Grant Program
Micro Enterprise Grant Program
Micro Enterprise Grant Program
Micro Enterprise Grant Program
Eviction Prevention
Eviction Prevention
Eviction Prevention
Eviction Prevention
Eviction Prevention
Eviction Prevention
Eviction Prevention
Eviction Prevention
Eviction Prevention
Eviction Prevention
Eviction Prevention
Eviction Prevention
Micro Enterprise Grant
Micro Enterprise Grant
Micro Enterprise Grant
Micro Enterprise Grant
Micro Enterprise Grant
05Q
05Q
05Q
05Q
18C
18C
18C
18C
05Q
05Q
05Q
05Q
05Q
05Q
05Q
05Q
05Q
05Q
05Q
05Q
18C
18C
18C
18C
18C
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
$49,883.72
$38,536.37
$108,812.04
$96,917.91
$75,000.00
$20,000.00
$10,000.00
$41,000.00
$52,274.76
$8,064.71
$32,489.91
$5,235.33
$9,908.15
$553.22
$1,639.01
$3,907.96
$6,591.06
$5,753.52
$564.55
$282.78
$29,090.55
$5,000.00
$5,000.00
$5,000.00
$2,909.45
$614,415.00
LINE 16 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 16 Plan Year IDIS Project IDIS
Activity
Voucher
Number Activity Name MatrixCode
National
Objective Drawn Amount
2020 16
18 281
282
6477353
6496138
6650280
6908655
6496138
6650290
Eviction & Utility Shutoff Prevention
Eviction & Utility Shutoff Prevention
Eviction & Utility Shutoff Prevention
Eviction & Utility Shutoff Prevention
Eviction Prevention
Eviction Prevention
05Q
05Q
05Q
05Q
05Q
05Q
LMC
LMC
LMC
LMC
LMC
LMC
$49,883.72
$38,536.37
$108,812.04
$96,917.91
$52,274.76
$8,064.71
PR26 - CDBG-CV Financial Summary Report
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
Integrated Disbursement and Information System
DATE:
TIME:
PAGE: 3
13:11
08-28-25
MADERA , CA
Plan Year IDIS Project IDIS
Activity
Voucher
Number Activity Name MatrixCode
National
Objective Drawn Amount
2020
Total
18 282 6908056
6908480
6908481
6908483
6908484
6908485
6908486
6908487
6908488
7016896
Eviction Prevention
Eviction Prevention
Eviction Prevention
Eviction Prevention
Eviction Prevention
Eviction Prevention
Eviction Prevention
Eviction Prevention
Eviction Prevention
Eviction Prevention
05Q
05Q
05Q
05Q
05Q
05Q
05Q
05Q
05Q
05Q
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
$32,489.91
$5,235.33
$9,908.15
$553.22
$1,639.01
$3,907.96
$6,591.06
$5,753.52
$564.55
$282.78
$421,415.00
LINE 19 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 19 Plan Year IDIS Project IDIS
Activity
Voucher
Number Activity Name MatrixCode
National
Objective Drawn Amount
2020
Total
15 285 6619760 Administration 21A $50,000.00
$50,000.00
City of Madera City Council Minutes
205 W. 4th Street September 3, 2025
Madera, CA 93637 Page 1 of 5
Minutes of a Regular Meeting of the Madera City Council and Minutes of a Special Meeting of the Madera City Council as the Groundwater Sustainability Agency Wednesday, September 3, 2025 Council Chambers
6:00 p.m. City Hall
The Madera City Council meetings are open to the public. The meeting was available for public viewing and participation through Zoom. Members of the public were able to observe the live-streamed meeting on the City’s website and were able to comment on agenda items at the meeting, remotely through an electronic meeting via phone, via email and by regular mail.
CALL TO ORDER: Meeting was called to order at 6:00 p.m.
ROLL CALL:
Present: Mayor Cece Gallegos
Mayor Pro Tem Jose Rodriguez, District 2
Councilmember Rohi Zacharia, District 1
Councilmember Steve Montes, District 3
Councilmember Anita Evans, District 4
Councilmember Elsa Mejia, District 5 (Left at 7:42 p.m.) Councilmember Artemio Villegas, District 6
Others present were City Manager Arnoldo Rodriguez, City Clerk Alicia Gonzales, City Attorney Shannon L. Chaffin, City Engineer Keith Helmuth, Community Development Director Will Tackett, Director of Financial Services Michael Lima, Division Fire Chief Larry Pendarvis, Fire Battalion Chief Dana McCarroll, Director of Human Resources Wendy Silva, Director of Information Technology Gary Price, Director of Parks and Community Services Joseph Hebert, Senior Civil Engineer Jonathan Gramajo and Police Lieutenant Mark Adams.
INVOCATION: Joyce Lane, Glory of Zion Ministries
PLEDGE OF ALLEGIANCE: Mayor Pro Tem Rodriguez
APPROVAL OF AGENDA:
ON MOTION BY MAYOR PRO TEM RODRIGUEZ AND SECONDED BY COUNCILMEMBER MEJIA, THE AGENDA WAS APPROVED UNANIMOUSLY BY A 7/0 VOTE
PRESENTATIONS: None
PUBLIC COMMENT:
The first 15 minutes of the meeting are reserved for members of the public to address the Council on items which are within the subject matter jurisdiction of the Council. 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.
Item: B-1
Minutes for: 09/03/2025
Adopted: 09/17/2025
City of Madera City Council Minutes
205 W. 4th Street September 3, 2025
Madera, CA 93637 Page 2 of 5
Mikaela Contreras, a resident of Madera’s District 3, spoke on the need for community services such as having a Splash Pad in Madera. Some of the benefits of having a Splash Pad include higher visibility of young children as they play and this would also prevent children drowning in natural bodies of water or swimming pools.
Bill Hoffrage, a member of the public and a tenant of the airport, expressed concern at having a roundabout on Golden State Boulevard and Avenue 17. He believes a roundabout would cause difficulty in entering SR 99 once houses are built nearby. Mr. Hoffrage complimented Public Works in cleaning up services at the airport in recent weeks.
City Clerk Alicia Gonzales stated that Council received one written comment. A copy of the comment was made available to Council prior to the meeting and a copy of the written comment was on the podium and is available to the public.
Written Comment by Tina Hernandez:
Dear Mayor Gallegos and City Council Members, I am a mother of two small children who is active and loves to play. During the summer we enjoy getting wet at the splash pad ideally just a safe place to cool down without worrying about the danger of a swimming pool. My kids don’t know how to swim well so a splash in Madera would be perfect for this hot summer heat! It would benefit the community overall. I personally have to always drive to nearby cities so my kids can enjoy their splash pads when I would really prefer to drive down the street to cool down in our very own splash pad here in the city of Madera. Making a trip out town is inconvenient considering the traffic, gas/travel expense and food if you didn’t pack food from home. Most often just to cool down, we have had to resort to nearby cities to accomplish this. If that makes sense? I know the city has been building more parks but we are only asking for one splash pad please. This is a place with different amenities within the parks. All the while, we do understand there are budgets but we are asking for a special budget to be set aside for one splash pad. Adding this space to our city would mean it would make most families happy. We are in need of this amazing space for all to enjoy! We would be ecstatic once this happens for our city! You will see lots of happy faces and we would be very grateful.
No further Public Comment was presented. Public Comment was closed.
A. PUBLIC HEARINGS: None
B. CONSENT CALENDAR:
Matters listed under the Consent Calendar are considered routine and will be enacted by one motion and one vote.
ON MOTION BY COUNCILMEMBER VILLEGAS AND SECONDED BY MAYOR PRO TEM RODRIGUEZ, THE CONSENT CALENDAR WAS APPROVED UNANIMOUSLY BY A 7/0 VOTE.
B-1 Minutes – 8/13/25, 8/20/25, 08/22/25
Recommendation: Approve the City Council Minutes of 8/13/25, 8/20/25, 08/22/25 (Report by Alicia Gonzales)
B-2 Informational Report on Register of Audited Demands Recommendation: Review Register of Audited Demands Report for August 9, 2025 to August 22, 2025 (Report by Michael Lima)
B-3 Piggyback Purchase Agreements for Fleet Division-related Purchases City of Madera City Council Minutes
205 W. 4th Street September 3, 2025
Madera, CA 93637 Page 3 of 5
Recommendation: Adopt a Resolution Approving Sourcewell Piggyback Agreement with 72 Hour LLC, dba National Auto Fleet Group, for the Purchase of a Replacement Police Patrol Vehicle for $61,148.43 (Report by Michael Lima)
RES 25-175 RESOLUTION APPROVING SOURCEWELL PIGGYBACK AGREEMENT WITH 72 HOUR LLC, DBA NATIONAL AUTO FLEET GROUP, FOR THE PURCHASE OF A POLICE PATROL VEHICLE IN THE AMOUNT OF $61,148.43
C. WORKSHOP: None
D. PETITIONS, BIDS, RESOLUTIONS, ORDINANCES, AND AGREEMENTS:
D-1 Designation of a Voting Delegate and Alternates for the League of California Cities 2025 Annual Conference
Recommendation: Approve a Minute Order to Designate a Voting Delegate and up to two Alternates for the 2025 League of California Cities' Annual Business Meeting (Report by Alicia Gonzales)
Councilmember Zacharia was nominated and accepted the role of Voting Delegate.
Councilmember Mejia was nominated and accepted the role of Alternate.
ON MOTION BY COUNCILMEMBER MEJIA AND SECONDED BY MAYOR PRO TEM RODRIGUEZ, COUNCILMEMBER ZACHARIA WAS APPOINTED AS THE VOTING DELEGATE. THIS ITEM WAS APPROVED UNANIMOUSLY BY A 7/0 VOTE.
ON MOTION BY MAYOR PRO TEM RODRIGUEZ AND SECONDED BY COUNCILMEMBER ZACHARIA, COUNCILMEMBER MEJIA WAS APPOINTED AS THE ALTERNATE. THIS ITEM WAS APPROVED UNANIMOUSLY BY A 7/0 VOTE.
E. ADMINISTRATIVE REPORTS:
E-1 Selecting Recipient for the Proclamation Recognizing Old Timers Week Recommendation: Request for Councils Selection of a Recipient for the Proclamation Recognizing Old Timers Week (Report by Alicia Gonzales)
ON MOTION BY MAYOR GALLEGOS AND SECONDED BY COUNCILMEMBER MAYOR PRO TEM RODRIGUEZ, ITEM E-1 SELECTING RANDY AND SHERYL BERRY, THE KING AND QUEEN OF THIS YEAR’S OLD TIMERS’ DAY PARADE, AS THE RECIPIENTS OF THE OLD TIMERS’ WEEK PROCLAMATION WAS APPROVED UNANIMOUSLY BY A 7/0 VOTE.
E-2 Domestic Well Mitigation Program (DWMP) (Action on this item by the (GSA) Groundwater Sustainability Agency)
Recommendation: Receive update and provide direction regarding information provided as part of this report to City Council (Report by Keith Helmuth) City Attorney Shannon L. Chaffin clarified Councilmember Montes’ direction to staff as:
approve the framework in concept with the items that were addressed, including no double dipping on the mitigation and including the clarification of the extenuating circumstances and recommend that staff continue to work with MID (Madera Irrigation District) and our partners.
Councilmember Montes agreed and mentioned that the motion included mitigation cost language, mitigation frequency and recording on title.
City of Madera City Council Minutes
205 W. 4th Street September 3, 2025
Madera, CA 93637 Page 4 of 5
No Public Comment was presented. Public Comment was closed.
ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY MAYOR PRO TEM RODRIGUEZ, ITEM E-2 AS NOTED ABOVE WAS APPROVED UNANIMOUSLY BY A 7/0 VOTE.
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.
Councilmember Montes thanked staff and the City Manager for all their work.
Councilmember Zacharia mentioned that he will have a Drone Rodeo booth at the Madera District Fair where the public can try their hand at maneuvering a drone.
Councilmember Evans had nothing to report.
Councilmember Mejia thanked the City Manager for all his work. She also thanked the New American Leaders for inviting her to join a youth mixer for youth in the Central Valley that are involved in their communities.
Mayor Pro Tem Rodriguez attended the Cottonwood Bridge project that showcased the successful allocation of federal and state funds to address its aging infrastructure. He asked his colleagues to approve recognizing contributors of the 4th of July event with a certificate. Mayor Gallegos received a consensus for the request.
Councilmember Villegas mentioned that he also attended the Cottonwood Bridge project.
Mayor Gallegos thanked City teams for their work on addressing the recent water main breaks throughout the city. She reminded everyone that the Madera District Fair is taking place this week.
G. CLOSED SESSION:
G-1 Conference with Legal Counsel – Anticipated Litigation Deciding whether to initiate litigation pursuant to Government Code Section 54956.9(d)(4) One Case
G-2 Public Employee Performance Evaluation - Pursuant to Government Code Section §54957(b)(1)
Title: City Clerk
G-3 Conference with Labor Negotiators - Pursuant to Government Code Section §54957.6 Agency Designated Representative: Mayor Cece Gallegos
Title: City Clerk
City Attorney Shannon Chaffin made the closed session announcement at 7:05 p.m. Mr. Chaffin and Council returned from Closed Session at 8:36 p.m. Mr. Chaffin stated there was one reportable action. For Item G-2, the City Clerk received an evaluation of satisfactory or above.
ADJOURNMENT: Meeting was adjourned at 8:37 p.m.
Mayor Gallegos announced that Councilmember Mejia left the meeting at 7:42 p.m.
City of Madera City Council Minutes
205 W. 4th Street September 3, 2025
Madera, CA 93637 Page 5 of 5
_____________________________________ ___________________________________ ALICIA GONZALES, City Clerk CECELIA K. GALLEGOS, Mayor
_____________________________________
MINUTES PREPARED BY
ZELDA LEÓN, Deputy City Clerk
Minutes of a Special Meeting of the Madera City Council Wednesday, September 10, 2025 Council Chambers
5:50 p.m. City Hall
The Madera City Council meetings are open to the public. The meeting was available for public viewing and participation through Zoom. Members of the public were able to observe the live-streamed meeting on the City’s website and were able to comment on agenda items at the meeting, remotely through an electronic meeting via phone, via email and by regular mail.
CALL TO ORDER: Meeting was called to order at 5:50 p.m.
ROLL CALL:
Present: Mayor Cece Gallegos
Councilmember Rohi Zacharia, District 1
Councilmember Steve Montes, District 3
Councilmember Anita Evans, District 4
Councilmember Elsa Mejia, District 5
Councilmember Artemio Villegas, District 6
Absent: Mayor Pro Tem Jose Rodriguez, District 2
Others present were City Manager Arnoldo Rodriguez, City Clerk Alicia Gonzales, City Attorney Shannon L. Chaffin, City Engineer Keith Helmuth and Senior Civil Engineer Jonathan Gramajo.
INVOCATION: Pastor Joyce Lane
PLEDGE OF ALLEGIANCE: Councilmember Zacharia
APPROVAL OF AGENDA:
ON MOTION BY COUNCILMEMBER EVANS AND SECONDED BY COUNCILMEMBER MONTES, THE AGENDA WAS APPROVED BY A 6/0 VOTE. ABSENT: MAYOR PRO TEM RODRIGUEZ PUBLIC COMMENT:
Members of the public shall have an opportunity to address the City Council regarding matters on this Agenda at the time the agenda item is called. Speakers should limit their comments to three (3) minutes.
No Public Comment was presented. Public Comment was closed.
A. PETITIONS, BIDS, RESOLUTIONS, ORDINANCES, AND AGREEMENTS:
A-1 Water Main Replacement Project, City Project No. W-43 Recommendation: Adopt a Resolution of the City Council of the City of Madera for the following:
1. Rescinding Resolution 25-172
2. Rejecting all Bids Received for City Project No. W-43 Item: B-1
Minutes for: 09/10/2025s
Adopted: 09/17/2025
City of Madera City Council Minutes
205 W. 4th Street September 10, 2025
Madera, CA 93637 Page 2 of 2
3. Ratifying the City Manager’s Agreement with Mid Cal Pipeline & Utilities, Inc. (Report by Keith Helmuth)
No Public Comment was presented. Public Comment was closed.
ON MOTION BY COUNCILMEMBER EVANS AND SECONDED BY COUNCILMEMBER MONTES, ITEM A-1 WAS APPROVED BY A 6/0 VOTE. ABSENT: MAYOR PRO TEM RODRIGUEZ RES 25-176 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA RESCINDING RESOLUTION 25-172 AWARDING THE WATER MAIN REPLACEMENT PROJECT, CITY PROJECT W-43 TO MID CAL PIPELINE & UTILITIES, INC., REJECTING ALL BIDS RECEIVED, AND RATIFYING THE CITY MANAGER’S EXECUTION OF A RESCISSION AND RELEASE
AGREEMENT WITH MID CAL PIPELINE & UTILITIES, INC.
FUTURE MEETING DATES:
Wednesday, September 17, 2025
Wednesday, October 1, 2025
ADJOURNMENT: Meeting was adjourned at 5:58 p.m.
_____________________________________ ___________________________________ ALICIA GONZALES, City Clerk CECELIA K. GALLEGOS, Mayor
_____________________________________
MINUTES PREPARED BY
ZELDA LEÓN, Deputy City Clerk
REPORT TO CITY COUNCIL
Approved by: Council Meeting of: September 17, 2025
_________________________________ Agenda Number: B-2
Michael Lima, Director of Financial Services
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:
Informational Report on Register of Audited Demands
RECOMMENDATION:
Review Register of Audited Demands Report for August 23 to September 5, 2025 SUMMARY:
The Register of Audited Demands for the City covering obligations paid during the period of August 23 to September 5, 2025, is summarized in the following tables. Attachment A contains Warrants while Table 2 is a summary of the wire transfers.
Table 1: Warrant Distribution Summary
Description Check #’s Amount
General Warrants 43376 – 43541 $2,732,906.56
Table 2: Wire Transfer Summary
Description Vendor Amount
Payroll and Taxes US Bank $751,173.18
SDI EDD $3,203.33
CalPERS Payment CalPERS $160,354.74
DISCUSSION:
Warrant requests are processed weekly based on the Fiscal Year 2025/2026 Adopted Budget and released for payment every Monday. Each demand has been audited, and the Finance Director hereby certifies as to their accuracy and that there were sufficient funds for their payment. Per request of City Council, we have included the departments from which each of the respective warrants were requested as well as the fund/division description from where they were paid.
FINANCIAL IMPACT:
Demands for payments are made within the constraints of the Fiscal Year 2025/2026 Adopted Budget.
ALTERNATIVES:
Informational only.
ATTACHMENTS:
Register of Audited Demands
CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 43376 08/25/2025 ENGINEERING CDBG Public ImprovementsMOORE TWINING ASSOCIATES, INC R-97 TESTING LAB 1,306.00 43377 08/25/2025 CITY CLERK'S OFFICE City Council FOLEY-GALLEGOS, CECE REIMBURSEMENT - COCOA W/MAYOR & COUNCIL 100.62 43378 08/25/2025 WWTP WWTP TERRAFORM POWER, LLC. SOLAR ELECTRIC UTILITIES 07/25 30,153.56 43379 08/25/2025 FIRE Fire DANIEL GONZALES FIRE EXTINGUISHER RECHARGE - FIRE #56 214.19 43380 08/25/2025 FLEET ACQUISITION Fleet Acquisition PIONEER FARM EQUIPMENT CO. KUBOTA ZD1211 ZERO TURN MOWER 20,336.70 43381 08/25/2025 GRANTS Prop 1B PTMISEA RRM DESIGN GROUP PROFESSIONAL ENG DESIGN - INTERMODAL FACILITY 4,230.45 43381 08/25/2025 GRANTS AFFORDABLE HOUSING RRM DESIGN GROUP PROFESSIONAL ENG DESIGN - INTERMODAL FACILITY 9,871.05 43382 08/25/2025 PD OPERATIONS PD Operations DIEBERTS CREATIVE COPY INC BUSINESS CARDS - PD 1,600.00 43383 08/25/2025 PD OPERATIONS PD Operations TRILOGY MEDWASTE WEST LLC REUSABLE TUB - MEDICAL WASTE 84.07 43384 08/25/2025 FIRE MEAS K - FIRE BAUER COMPRESSORS, INC SCBA BOTTLES 5,304.25 43385 08/25/2025 FINANCE AIRPORT OPS VAN DE POL ENTERPRISES, INC. FUEL CITY 07/16/25-07/31/25 174.04 43385 08/25/2025 FINANCE Animal Control VAN DE POL ENTERPRISES, INC. FUEL CITY 07/16/25-07/31/25 459.60 43385 08/25/2025 FINANCE Code Enforcement VAN DE POL ENTERPRISES, INC. FUEL CITY 07/16/25-07/31/25 203.06 43385 08/25/2025 FINANCE DRAINAGE VAN DE POL ENTERPRISES, INC. FUEL CITY 07/16/25-07/31/25 637.33 43385 08/25/2025 FINANCE Engineering VAN DE POL ENTERPRISES, INC. FUEL CITY 07/16/25-07/31/25 241.25 43385 08/25/2025 FINANCE Facilities Maintenance VAN DE POL ENTERPRISES, INC. FUEL CITY 07/16/25-07/31/25 563.02 43385 08/25/2025 FINANCE Fleet Maintenance VAN DE POL ENTERPRISES, INC. FUEL CITY 07/16/25-07/31/25 70.02 43385 08/25/2025 FINANCE Fleet Motor Pool VAN DE POL ENTERPRISES, INC. FUEL CITY 07/16/25-07/31/25 37.78 43385 08/25/2025 FINANCE GRAFFITI ABATE VAN DE POL ENTERPRISES, INC. FUEL CITY 07/16/25-07/31/25 761.28 43385 08/25/2025 FINANCE LMD Services VAN DE POL ENTERPRISES, INC. FUEL CITY 07/16/25-07/31/25 181.32 43385 08/25/2025 FINANCE Parks VAN DE POL ENTERPRISES, INC. FUEL CITY 07/16/25-07/31/25 2,696.42 43385 08/25/2025 FINANCE Parks Administration VAN DE POL ENTERPRISES, INC. FUEL CITY 07/16/25-07/31/25 88.40 43385 08/25/2025 FINANCE STREETS VAN DE POL ENTERPRISES, INC. FUEL CITY 07/16/25-07/31/25 1,419.70 43385 08/25/2025 FINANCE Sewer Mtnc/Operations VAN DE POL ENTERPRISES, INC. FUEL CITY 07/16/25-07/31/25 1,450.97 43385 08/25/2025 FINANCE Street Cleaning VAN DE POL ENTERPRISES, INC. FUEL CITY 07/16/25-07/31/25 1,331.56 43385 08/25/2025 FINANCE TRANS - FIXED VAN DE POL ENTERPRISES, INC. FUEL CITY 07/16/25-07/31/25 4,988.72 43385 08/25/2025 FINANCE TRANS - DAR VAN DE POL ENTERPRISES, INC. FUEL CITY 07/16/25-07/31/25 4,539.00 43385 08/25/2025 FINANCE Water Mtnc/Operations VAN DE POL ENTERPRISES, INC. FUEL CITY 07/16/25-07/31/25 1,559.50 43385 08/25/2025 FINANCE Water Quality Control VAN DE POL ENTERPRISES, INC. FUEL CITY 07/16/25-07/31/25 127.31 43385 08/25/2025 FINANCE WWTP VAN DE POL ENTERPRISES, INC. FUEL CITY 07/16/25-07/31/25 113.54 43385 08/25/2025 FINANCE PD Operations VAN DE POL ENTERPRISES, INC. FUEL CITY 07/16/25-07/31/25 8,842.99 43385 08/25/2025 FINANCE PW Safe & Clean Initiative VAN DE POL ENTERPRISES, INC. FUEL CITY 07/16/25-07/31/25 624.50 43385 08/25/2025 FIRE Fire VAN DE POL ENTERPRISES, INC. FUEL CDF - 07/01/25-07/15/25 1,030.90 43385 08/25/2025 WWTP WWTP VAN DE POL ENTERPRISES, INC. FUEL WWTP - BULK PROPAN 3,394.13 43386 08/25/2025 PD OPERATIONS PD Operations LAW DOG K9 K9 VENDOR TRAINING 1,050.00 43387 08/25/2025 STREETS Street Cleaning LACAL EQUIPMENT INC SWEEPER BROOMS 4,999.64 43388 08/25/2025 ENGINEERING Sewer Capital Outlay MKN & ASSOCIATES PROFESSIONAL ENGINEERING SVS 809.50 43389 08/25/2025 INFORMATION SERVICES Facilities Maintenance MESA ENERGY SYSTEMS, INC HVAC SERVER REPAIR 1,815.00 43390 08/25/2025 ENGINEERING Engineering PLANETBIDS, INC. FY24/25 RENEWAL - PURCHASING/ENG 3,163.37
CITY OF MADERA
REGISTER OF AUDITED DEMANDS FOR BANK #1 - US BANK GENERAL ACCOUNT September 17, 2025
CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT
CITY OF MADERA
REGISTER OF AUDITED DEMANDS FOR BANK #1 - US BANK GENERAL ACCOUNT September 17, 2025
43390 08/25/2025 ENGINEERING Purchasing PLANETBIDS, INC. FY24/25 RENEWAL - PURCHASING/ENG 3,163.36 43391 08/25/2025 INFORMATION SERVICES Computer Replacement AMS.NET, INC. STORAGE/SERVER REFRESH PROJECT 126,759.78 43392 08/25/2025 FLEET ACQUISITION Fleet Maintenance NICK MATULA TOOL ALLOWANCE REIMBURSEMENT 300.00 43393 08/25/2025 HR/RISK MGT INS/RISK MGT BAKER, DONELSON, LEGAL SERVICES - FEMA APPEAL RKOWITZ PC 4,209.00 43394 08/25/2025 CITY ADMIN WWTP MOUNTAIN VALLEY ENVIRONMENTAL SERV͘ CONSULTING SERVICES - WWTP TEMP CPO , INC. 15,160.00 43395 08/25/2025 WWTP WWTP BLUE TRITON BRANDS INC WWTP - LAB & DRINKING WATER 84.80 43396 08/25/2025 WWTP WWTP DELLAVALLE LABORATORY,INC. GROUNDWATER COMPLIANCE 3,005.00 43396 08/25/2025 WATER Water Quality Control DELLAVALLE LABORATORY,INC. QUARTERLY MONITORING 1,431.00 43396 08/25/2025 WATER Water Quality Control DELLAVALLE LABORATORY,INC. REPEAT SAMPLING 576.00 43397 08/25/2025 FLEET MAINTENANCE Fleet Maintenance A-Z BUS SALES, INC. NEW CNG TANKS #1519 5,225.12 43398 08/25/2025 FINANCE City Attorney AT&T 07/25 CALNET SERVICE 9391026388 63.18 43398 08/25/2025 FINANCE Code Enforcement AT&T 07/25 CALNET SERVICE 9391026413 62.96 43398 08/25/2025 FINANCE Comm & Rec Centers AT&T 07/25 CALNET SERVICE 9391026391 310.77 43398 08/25/2025 FINANCE Comm & Rec Centers AT&T 07/25 CALNET SERVICE 9391026393 93.19 43398 08/25/2025 FINANCE Comm & Rec Centers AT&T 07/25 CALNET SERVICE 9391026392 63.21 43398 08/25/2025 FINANCE Comm & Rec Centers AT&T 07/25 CALNET SERVICE 9391026396 266.68 43398 08/25/2025 FINANCE Facilities Maintenance AT&T 07/25 CALNET SERVICE 9391031564 13.71 43398 08/25/2025 FINANCE Facilities Maintenance AT&T 07/25 CALNET SERVICE 9391026394 24.39 43398 08/25/2025 FINANCE Fire AT&T 06/25 CALNET SERVICE 9391068734 62.16 43398 08/25/2025 FINANCE Fleet Maintenance AT&T 07/25 CALNET SERVICE 9391031564 9.14 43398 08/25/2025 FINANCE Fleet Maintenance AT&T 07/25 CALNET SERVICE 9391026394 16.28 43398 08/25/2025 FINANCE Parks AT&T 07/25 CALNET SERVICE 9391026412 163.54 43398 08/25/2025 FINANCE Parks Administration AT&T 07/25 CALNET SERVICE 9391031580 288.63 43398 08/25/2025 FINANCE STREETS AT&T 07/25 CALNET SERVICE 9391031564 22.86 43398 08/25/2025 FINANCE STREETS AT&T 07/25 CALNET SERVICE 9391026394 40.67 43398 08/25/2025 FINANCE Sewer Mtnc/Operations AT&T 07/25 CALNET SERVICE 9391031570 192.11 43398 08/25/2025 FINANCE Sewer Mtnc/Operations AT&T 07/25 CALNET SERVICE 9391031564 15.99 43398 08/25/2025 FINANCE Sewer Mtnc/Operations AT&T 07/25 CALNET SERVICE 9391026394 28.45 43398 08/25/2025 FINANCE SOLID WASTE AT&T 07/25 CALNET SERVICE 9391031564 18.29 43398 08/25/2025 FINANCE SOLID WASTE AT&T 07/25 CALNET SERVICE 9391026394 32.51 43398 08/25/2025 FINANCE Sr Citizen Comm͘ Servi AT&T e 07/25 CALNET SERVICE 9391026415 67.07 43398 08/25/2025 FINANCE UB - Garbage AT&T 07/25 CALNET SERVICE 9391031564 4.57 43398 08/25/2025 FINANCE UB - Garbage AT&T 07/25 CALNET SERVICE 9391026394 8.13 43398 08/25/2025 FINANCE UB - Sewer AT&T 07/25 CALNET SERVICE 9391031564 4.57 43398 08/25/2025 FINANCE UB - Sewer AT&T 07/25 CALNET SERVICE 9391026394 8.13 43398 08/25/2025 FINANCE UB - Water AT&T 07/25 CALNET SERVICE 9391031564 9.15 43398 08/25/2025 FINANCE UB - Water AT&T 07/25 CALNET SERVICE 9391026394 16.28 43398 08/25/2025 FINANCE Water Mtnc/Operations AT&T 07/25 CALNET SERVICE 9391031564 20.56 43398 08/25/2025 FINANCE Water Mtnc/Operations AT&T 07/25 CALNET SERVICE 9391026394 36.58 43398 08/25/2025 FINANCE Water Quality Control AT&T 07/25 CALNET SERVICE 9391031564 9.14
CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT
CITY OF MADERA
REGISTER OF AUDITED DEMANDS FOR BANK #1 - US BANK GENERAL ACCOUNT September 17, 2025
43398 08/25/2025 FINANCE Water Quality Control AT&T 07/25 CALNET SERVICE 9391026394 16.28 43398 08/25/2025 FINANCE WWTP AT&T 07/25 CALNET SERVICE 9391026410 61.61 43398 08/25/2025 FINANCE WWTP AT&T 07/25 CALNET SERVICE 9391031564 13.71 43398 08/25/2025 FINANCE WWTP AT&T 07/25 CALNET SERVICE 9391026394 24.39 43398 08/25/2025 FINANCE Purchasing AT&T 07/25 CALNET SERVICE 9391031564 13.71 43398 08/25/2025 FINANCE Purchasing AT&T 07/25 CALNET SERVICE 9391026394 24.39 43398 08/25/2025 FINANCE PD Operations AT&T 07/25 CALNET SERVICE 9391020514 155.40 43398 08/25/2025 FINANCE PD Operations AT&T 07/25 CALNET SERVICE 9391026414 379.95 43398 08/25/2025 FINANCE PD Operations AT&T 07/25 CALNET SERVICE 9391031579 284.88 43398 08/25/2025 FINANCE PD Operations AT&T 07/25 CALNET SERVICE 9391026411 151.59 43398 08/25/2025 FINANCE PD Operations AT&T 07/25 CALNET SERVICE 9391031561 155.40 43398 08/25/2025 FINANCE PD Operations AT&T 07/25 CALNET SERVICE 9391059143 2,008.19 43399 08/25/2025 FINANCE Aquatics Programs AT&T 07/25 CALNET SERVICE 9391026397 30.02 43399 08/25/2025 FINANCE Building AT&T 07/25 CALNET SERVICE 9391026407 31.58 43399 08/25/2025 FINANCE Central Admin AT&T 07/25 CALNET SERVICE 9391026406 30.03 43399 08/25/2025 FINANCE Finance AT&T 07/25 CALNET SERVICE 9391026406 30.02 43399 08/25/2025 FINANCE Fire AT&T 07/25 CALNET SERVICE 9391026402 31.58 43399 08/25/2025 FINANCE HR/RISK MGT AT&T 07/25 CALNET SERVICE 9391026400 31.58 43399 08/25/2025 FINANCE Sr Citizen Comm͘ Serv͘ AT&T e 07/25 CALNET SERVICE 9391026395 31.58 43399 08/25/2025 FINANCE Sr Citizen Comm͘ Serv͘ AT&T e 07/25 CALNET SERVICE 9391026389 31.58 43399 08/25/2025 FINANCE Sr Citizen Comm͘ Serv͘ AT&T e 07/25 CALNET SERVICE 9391026398 31.24 43399 08/25/2025 FINANCE Sr Citizen Comm͘ Serv͘ AT&T e 07/25 CALNET SERVICE 9391026403 33.98 43399 08/25/2025 FINANCE WWTP AT&T 07/25 CALNET SERVICE 9391026405 31.58 43399 08/25/2025 FINANCE WWTP AT&T 07/25 CALNET SERVICE 9391026417 40.42 43399 08/25/2025 FINANCE PD Operations AT&T 07/25 CALNET SERVICE 9391026401 31.24 43400 08/25/2025 FINANCE AIRPORT OPS AT&T 07/25 FIRSTNET SERVICE 287302656036 229.39 43400 08/25/2025 FINANCE Building AT&T 07/25 FIRSTNET SERVICE 287302656036 149.73 43400 08/25/2025 FINANCE City Clerk's Office AT&T 07/25 FIRSTNET SERVICE 287302656036 89.74 43400 08/25/2025 FINANCE City Council AT&T 07/25 FIRSTNET SERVICE 287302656036 281.68 43400 08/25/2025 FINANCE Code Enforcement AT&T 07/25 FIRSTNET SERVICE 287302656036 44.87 43400 08/25/2025 FINANCE Comm & Rec Centers AT&T 07/25 FIRSTNET SERVICE 287302656036 49.91 43400 08/25/2025 FINANCE COMPUTER MAINT AT&T 07/25 FIRSTNET SERVICE 287302656036 575.69 43400 08/25/2025 FINANCE Engineering AT&T 07/25 FIRSTNET SERVICE 287302656036 284.75 43400 08/25/2025 FINANCE Facilities Maintenance AT&T 07/25 FIRSTNET SERVICE 287302656036 314.91 43400 08/25/2025 FINANCE Finance AT&T 07/25 FIRSTNET SERVICE 287302656036 189.56 43400 08/25/2025 FINANCE GRANT OVERSIGHT AT&T 07/25 FIRSTNET SERVICE 287302656036 94.78 43400 08/25/2025 FINANCE HR/RISK MGT AT&T 07/25 FIRSTNET SERVICE 287302656036 49.91 43400 08/25/2025 FINANCE LMD Services AT&T 07/25 FIRSTNET SERVICE 287302656036 49.91 43400 08/25/2025 FINANCE Parks AT&T 07/25 FIRSTNET SERVICE 287302656036 94.78 43400 08/25/2025 FINANCE Parks Administration AT&T 07/25 FIRSTNET SERVICE 287302656036 90.15
CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT
CITY OF MADERA
REGISTER OF AUDITED DEMANDS FOR BANK #1 - US BANK GENERAL ACCOUNT September 17, 2025
43400 08/25/2025 FINANCE Planning AT&T 07/25 FIRSTNET SERVICE 287302656036 94.78 43400 08/25/2025 FINANCE STREETS AT&T 07/25 FIRSTNET SERVICE 287302656036 164.99 43400 08/25/2025 FINANCE Recreation AT&T 07/25 FIRSTNET SERVICE 287302656036 44.87 43400 08/25/2025 FINANCE Sewer Mtnc/Operations AT&T 07/25 FIRSTNET SERVICE 287302656036 89.67 43400 08/25/2025 FINANCE Sports Programs AT&T 07/25 FIRSTNET SERVICE 287302656036 44.87 43400 08/25/2025 FINANCE Sr Citizen Comm͘ Serv͘ AT&T e 07/25 FIRSTNET SERVICE 287302656036 59.87 43400 08/25/2025 FINANCE Water Mtnc/Operations AT&T 07/25 FIRSTNET SERVICE 287302656036 84.63 43400 08/25/2025 FINANCE Water Quality Control AT&T 07/25 FIRSTNET SERVICE 287302656036 44.87 43400 08/25/2025 FINANCE WWTP AT&T 07/25 FIRSTNET SERVICE 287302656036 139.65 43400 08/25/2025 FINANCE City Manager AT&T 07/25 FIRSTNET SERVICE 287302656036 109.82 43400 08/25/2025 FINANCE Purchasing AT&T 07/25 FIRSTNET SERVICE 287302656036 44.87 43400 08/25/2025 FINANCE PD Operations AT&T 07/25 FIRSTNET SERVICE 287302965625 6,208.72 43401 08/25/2025 ENGINEERING Engineering AMERICAN BUSINESS MACHINES PLOTTER LEASE 160.00 43402 08/25/2025 HR/RISK MGT PD Operations ANAYA, CHRIS TUITION REIMBURSEMENT 459.00 43403 08/25/2025 PD OPERATIONS PD Operations ARNOLD, JOSIAH PER DIEM - FRESNO MADERA POLICE CHIEFS WORKSHOP 301.00 43404 08/25/2025 GRANTS Home Program Income MEADOWS MOBILE HOME PARK SPACE RENTAL #19 09/25 936.04 43405 08/25/2025 GRANTS Home Program Income MEADOWS MOBILE HOME PARK SPACE RENTAL #23 09/25 896.61 43406 08/25/2025 GRANTS Home Program Income MEADOWS MOBILE HOME PARK SPACE RENTAL #86 09/25 889.09 43407 08/25/2025 WWTP WWTP BSK ASSOCIATES PERMIT COMPLIANCE LAB 5,682.68 43408 08/25/2025 WWTP WWTP BSK ASSOCIATES PERMIT COMPLIANCE LAB 256.80 43409 08/25/2025 PW ADMIN Water Mtnc/Operations BOTWRIGHT JR., JOHN D. REIMBURSEMENT - TRI STATE SEMINAR 246.97 43410 08/25/2025 INFORMATION SERVICES Computer Replacement CDW GOVERNMENT, INC ARTIC WOLF LICENSING RENEWAL 6,750.00 43411 08/25/2025 FINANCE Building DEPARTMENT OF CONSERVATION 4TH QTR 24/25 SMIP FEE REPORTING (121.87) 43411 08/25/2025 FINANCE General Fund DEPARTMENT OF CONSERVATION 4TH QTR 24/25 SMIP FEE REPORTING 2,437.30 43412 08/25/2025 PURCHASING AIRPORT OPS CANON FINANCIAL SERVICES COPIER CHARGES 08/25 36.81 43412 08/25/2025 PURCHASING Building CANON FINANCIAL SERVICES COPIER CHARGES 08/25 90.74 43412 08/25/2025 PURCHASING City Clerk's Office CANON FINANCIAL SERVICES COPIER CHARGES 08/25 41.95 43412 08/25/2025 PURCHASING Engineering CANON FINANCIAL SERVICES COPIER CHARGES 08/25 260.88 43412 08/25/2025 PURCHASING Finance CANON FINANCIAL SERVICES COPIER CHARGES 08/25 414.60 43412 08/25/2025 PURCHASING HR/RISK MGT CANON FINANCIAL SERVICES COPIER CHARGES 08/25 111.24 43412 08/25/2025 PURCHASING Parks Administration CANON FINANCIAL SERVICES COPIER CHARGES 08/25 293.36 43412 08/25/2025 PURCHASING Planning CANON FINANCIAL SERVICES COPIER CHARGES 08/25 204.60 43412 08/25/2025 PURCHASING Sewer Mtnc/Operations CANON FINANCIAL SERVICES COPIER CHARGES 08/25 41.14 43412 08/25/2025 PURCHASING SOLID WASTE CANON FINANCIAL SERVICES COPIER CHARGES 08/25 41.14 43412 08/25/2025 PURCHASING TRANS - FIXED CANON FINANCIAL SERVICES COPIER CHARGES 08/25 41.95 43412 08/25/2025 PURCHASING TRANS - DAR CANON FINANCIAL SERVICES COPIER CHARGES 08/25 41.95 43412 08/25/2025 PURCHASING Water Mtnc/Operations CANON FINANCIAL SERVICES COPIER CHARGES 08/25 41.14 43412 08/25/2025 PURCHASING PD Operations CANON FINANCIAL SERVICES COPIER CONTRACT 08/25 200.26 43412 08/25/2025 PURCHASING PD Operations CANON FINANCIAL SERVICES COPIER CHARGES 08/25 299.55 43413 08/25/2025 CITY ADMIN PD Operations CHIARAMONTE, GIACHINO PER DIEM - FRESNO MADERA POLICE CHIEFS WORKSHOP 301.00
CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT
CITY OF MADERA
REGISTER OF AUDITED DEMANDS FOR BANK #1 - US BANK GENERAL ACCOUNT September 17, 2025
43414 08/25/2025 PD OPERATIONS PD Operations CEDERQUIST, BRENT PER DIEM - SLI SESSION #9 258.00 43415 08/25/2025 FINANCE Finance DATAPROSE, LLC NOTIFICATION MAILER 3,968.76 43415 08/25/2025 UB - WATER UB - Garbage DATAPROSE, LLC BILLING 07/25 2,848.39 43415 08/25/2025 UB - WATER UB - Sewer DATAPROSE, LLC BILLING 07/25 2,848.40 43415 08/25/2025 UB - WATER UB - Water DATAPROSE, LLC BILLING 07/25 5,696.79 43416 08/25/2025 GRANTS INTERMODAL BLDG DIAMOND COMMUNICATIONS FIRE ALARM MONITORING - TRANSIT 80.00 43417 08/25/2025 STREETS STREETS ENNIS TRAFFIC SAFETY SOLUTIONS TRAFFIC PAINT 4,672.51 43418 08/25/2025 PLANNING Planning ESRI GIS SUBSCRIPTION RENEWAL 10,750.00 43419 08/25/2025 ENGINEERING Engineering FEDERAL EXPRESS EXPRESS SHIPPING 40.44 43420 08/25/2025 BUILDING Building FIRE SAFETY SOLUTIONS, INC. REVIEW & INSPECTION SVS 07/16/25-07/31/25 9,300.00 43420 08/25/2025 BUILDING Building FIRE SAFETY SOLUTIONS, INC. REVIEW & INSPECTION SVS 08/01/25-08/15/25 7,890.00 43421 08/25/2025 GRANTS INTERMODAL BLDG GUARDIAN WESTERN SWEEPING INC. POWER SWEEPING 08/25 434.50 43421 08/25/2025 GRANTS Parking Dist Operation GUARDIAN WESTERN SWEEPING INC. POWER SWEEPING 08/25 434.50 43422 08/25/2025 FACILITIES Facilities Maintenance JAM SERVICES INC GREEN SIGNAL BULBS 588.88 43423 08/25/2025 PD OPERATIONS PD Operations LANGUAGE LINE SERVICES, INC. INTERPRETATION SERVICES 696.59 43424 08/25/2025 GRANTS Permanent Local Housing MADERA RESCUE MISSION, INC. lloca PLHA INVOICE 07/25 11,037.32 43425 08/25/2025 GRANTS CDBG ADMIN MADERA TRIBUNE PUBLIC HEARING NOTICE 695.50 43425 08/25/2025 HR/RISK MGT HR/RISK MGT MADERA TRIBUNE JOB ADVERSTISEMENT 114.00 43426 08/25/2025 FINANCE AIRPORT OPS PACIFIC GAS & ELECTRIC 06 & 07/25 SERVICE 3533032414-2 109.06 43426 08/25/2025 FINANCE AIRPORT OPS PACIFIC GAS & ELECTRIC 06 & 07/25 SERVICE 9920095153-3 8.92 43426 08/25/2025 FINANCE AIRPORT OPS PACIFIC GAS & ELECTRIC 07/25 SERVICE 3819620697-3 85.68 43426 08/25/2025 FINANCE AIRPORT OPS PACIFIC GAS & ELECTRIC 07/25 SERVICE 8126770647-1 84.93 43426 08/25/2025 FINANCE Central Admin PACIFIC GAS & ELECTRIC 06 & 07/25 SERVICE 9920095153-3 58.75 43426 08/25/2025 FINANCE Comm & Rec Centers PACIFIC GAS & ELECTRIC 06 & 07/25 SERVICE 3533032414-2 4,227.80 43426 08/25/2025 FINANCE Comm & Rec Centers PACIFIC GAS & ELECTRIC 06 & 07/25 SERVICE 9920095153-3 4,198.75 43426 08/25/2025 FINANCE Comm & Rec Centers PACIFIC GAS & ELECTRIC 07/25 SERVICE 8307681856-2 548.49 43426 08/25/2025 FINANCE DRAINAGE PACIFIC GAS & ELECTRIC 06 & 07/25 SERVICE 3533032414-2 684.83 43426 08/25/2025 FINANCE DRAINAGE PACIFIC GAS & ELECTRIC 06 & 07/25 SERVICE 9920095153-3 385.04 43426 08/25/2025 FINANCE Engineering PACIFIC GAS & ELECTRIC 07/25 SERVICE 2000655655-7 3,441.16 43426 08/25/2025 FINANCE Facilities Maintenance PACIFIC GAS & ELECTRIC 06 & 07/25 SERVICE 3533032414-2 37,781.43 43426 08/25/2025 FINANCE Facilities Maintenance PACIFIC GAS & ELECTRIC 06 & 07/25 SERVICE 9920095153-3 9,739.46 43426 08/25/2025 FINANCE Facilities Maintenance PACIFIC GAS & ELECTRIC 07/25 SERVICE 6690755760-8 125.39 43426 08/25/2025 FINANCE Facilities Maintenance PACIFIC GAS & ELECTRIC 07/25 SERVICE 1619119913-8 110.99 43426 08/25/2025 FINANCE Facilities Maintenance PACIFIC GAS & ELECTRIC 07/25 SERVICE 8178280304-3 144.83 43426 08/25/2025 FINANCE Facilities Maintenance PACIFIC GAS & ELECTRIC 07/25 SERVICE 3352588453 167.40 43426 08/25/2025 FINANCE Facilities Maintenance PACIFIC GAS & ELECTRIC 07/25 SERVICE 3499945233-6 125.39 43426 08/25/2025 FINANCE Facilities Maintenance PACIFIC GAS & ELECTRIC 07/25 SERVICE 1715785853-5 2,935.34 43426 08/25/2025 FINANCE Facilities Maintenance PACIFIC GAS & ELECTRIC 07/25 SERVICE 1598348280-1 80.12 43426 08/25/2025 FINANCE Facilities Maintenance PACIFIC GAS & ELECTRIC 07/25 SERVICE 9787342989-4 164.68 43426 08/25/2025 FINANCE Facilities Maintenance PACIFIC GAS & ELECTRIC 07/25 SERVICE 5207933925-6 78.69
CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT
CITY OF MADERA
REGISTER OF AUDITED DEMANDS FOR BANK #1 - US BANK GENERAL ACCOUNT September 17, 2025
43426 08/25/2025 FINANCE Fire PACIFIC GAS & ELECTRIC 06 & 07/25 SERVICE 3533032414-2 2,560.09 43426 08/25/2025 FINANCE Fire PACIFIC GAS & ELECTRIC 06 & 07/25 SERVICE 9920095153-3 103.96 43426 08/25/2025 FINANCE Fire PACIFIC GAS & ELECTRIC 07/25 SERVICE 2173157566-4 3,418.82 43426 08/25/2025 FINANCE INTERMODAL BLDG PACIFIC GAS & ELECTRIC 06 & 07/25 SERVICE 3533032414-2 1,507.57 43426 08/25/2025 FINANCE Parks PACIFIC GAS & ELECTRIC 06 & 07/25 SERVICE 3533032414-2 22,116.36 43426 08/25/2025 FINANCE Parks PACIFIC GAS & ELECTRIC 06 & 07/25 SERVICE 9920095153-3 207.88 43426 08/25/2025 FINANCE Sewer Mtnc/Operations PACIFIC GAS & ELECTRIC 06 & 07/25 SERVICE 3533032414-2 3,581.07 43426 08/25/2025 FINANCE Sewer Mtnc/Operations PACIFIC GAS & ELECTRIC 06 & 07/25 SERVICE 9920095153-3 30.47 43426 08/25/2025 FINANCE SOLID WASTE PACIFIC GAS & ELECTRIC 06 & 07/25 SERVICE 3533032414-2 (92.73) 43426 08/25/2025 FINANCE SOLID WASTE PACIFIC GAS & ELECTRIC 06 & 07/25 SERVICE 9920095153-3 10.59 43426 08/25/2025 FINANCE Sr Citizen Comm͘ Serv͘ PACIFIC GAS & ELECTRIC e 06 & 07/25 SERVICE 9920095153-3 8.65 43426 08/25/2025 FINANCE Water Mtnc/Operations PACIFIC GAS & ELECTRIC 06 & 07/25 SERVICE 3533032414-2 207,400.65 43426 08/25/2025 FINANCE Water Mtnc/Operations PACIFIC GAS & ELECTRIC 06 & 07/25 SERVICE 9920095153-3 43,867.83 43426 08/25/2025 FINANCE Water Mtnc/Operations PACIFIC GAS & ELECTRIC 07/25 SERVICE 3642526071-2 69.02 43426 08/25/2025 FINANCE Water Mtnc/Operations PACIFIC GAS & ELECTRIC 07/25 SERVICE 9172110863-6 33,169.03 43426 08/25/2025 FINANCE Water Mtnc/Operations PACIFIC GAS & ELECTRIC 07/25 SERVICE 9651992016-7 201.66 43426 08/25/2025 FINANCE Water Mtnc/Operations PACIFIC GAS & ELECTRIC 07/25 SERVICE 9109225160-1 610.13 43426 08/25/2025 FINANCE WWTP PACIFIC GAS & ELECTRIC 06 & 07/25 SERVICE 3533032414-2 155,893.56 43426 08/25/2025 FINANCE Zone 24 Activities PACIFIC GAS & ELECTRIC 06 & 07/25 SERVICE 3533032414-2 11.42 43426 08/25/2025 FINANCE Zone 24 Activities PACIFIC GAS & ELECTRIC 06 & 07/25 SERVICE 9920095153-3 99.02 43426 08/25/2025 FINANCE Zone 26 Activities PACIFIC GAS & ELECTRIC 06 & 07/25 SERVICE 9920095153-3 11.95 43426 08/25/2025 FINANCE Zone 31A Activities PACIFIC GAS & ELECTRIC 06 & 07/25 SERVICE 3533032414-2 34.10 43426 08/25/2025 FINANCE Zone 31A Activities PACIFIC GAS & ELECTRIC 06 & 07/25 SERVICE 9920095153-3 21.35 43426 08/25/2025 FINANCE Zone 20B Activities PACIFIC GAS & ELECTRIC 06 & 07/25 SERVICE 3533032414-2 25.69 43426 08/25/2025 FINANCE Zone 27B Activities PACIFIC GAS & ELECTRIC 06 & 07/25 SERVICE 3533032414-2 12.41 43426 08/25/2025 FINANCE Zone 2 Activities PACIFIC GAS & ELECTRIC 06 & 07/25 SERVICE 3533032414-2 60.39 43426 08/25/2025 FINANCE Zone 3 Activities PACIFIC GAS & ELECTRIC 06 & 07/25 SERVICE 3533032414-2 44.87 43426 08/25/2025 FINANCE Zone 31B Activities PACIFIC GAS & ELECTRIC 06 & 07/25 SERVICE 3533032414-2 34.10 43426 08/25/2025 FINANCE Zone 4 Activities PACIFIC GAS & ELECTRIC 06 & 07/25 SERVICE 3533032414-2 11.30 43426 08/25/2025 FINANCE Zone 6A Activities PACIFIC GAS & ELECTRIC 06 & 07/25 SERVICE 3533032414-2 77.37 43426 08/25/2025 FINANCE Zone 29C Activities PACIFIC GAS & ELECTRIC 06 & 07/25 SERVICE 3533032414-2 12.87 43426 08/25/2025 FINANCE Zone 8 Activities PACIFIC GAS & ELECTRIC 06 & 07/25 SERVICE 3533032414-2 79.36 43426 08/25/2025 FINANCE Zone 16 Activities PACIFIC GAS & ELECTRIC 06 & 07/25 SERVICE 3533032414-2 26.56 43426 08/25/2025 FINANCE Zone 13 Activities PACIFIC GAS & ELECTRIC 06 & 07/25 SERVICE 3533032414-2 183.62 43426 08/25/2025 FINANCE PD Operations PACIFIC GAS & ELECTRIC 06 & 07/25 SERVICE 9920095153-3 1,680.26 43426 08/25/2025 FINANCE Parking Dist Operation PACIFIC GAS & ELECTRIC 06 & 07/25 SERVICE 3533032414-2 69.76 43426 08/25/2025 FINANCE Parking Dist Operation PACIFIC GAS & ELECTRIC 06 & 07/25 SERVICE 9920095153-3 85.84 43427 08/25/2025 FINANCE Facilities Maintenance PACIFIC GAS & ELECTRIC 07/25 SERVICE 7949615676-5 20.77 43427 08/25/2025 FINANCE Facilities Maintenance PACIFIC GAS & ELECTRIC 07/25 SERVICE 7928098441-4 51.18 43427 08/25/2025 FINANCE Facilities Maintenance PACIFIC GAS & ELECTRIC 07/25 SERVICE 5237156686-1 47.18
CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT
CITY OF MADERA
REGISTER OF AUDITED DEMANDS FOR BANK #1 - US BANK GENERAL ACCOUNT September 17, 2025
43427 08/25/2025 FINANCE Facilities Maintenance PACIFIC GAS & ELECTRIC 07/25 SERVICE 4318089701-9 21.04 43427 08/25/2025 FINANCE Facilities Maintenance PACIFIC GAS & ELECTRIC 07/25 SERVICE 1013877191-9 63.44 43427 08/25/2025 FINANCE Facilities Maintenance PACIFIC GAS & ELECTRIC 07/25 SERVICE 5225647713-5 14.78 43427 08/25/2025 FINANCE Parks PACIFIC GAS & ELECTRIC 07/25 SERVICE 8788837242-9 10.81 43427 08/25/2025 FINANCE Parks PACIFIC GAS & ELECTRIC 07/25 SERVICE 8675479583-8 55.38 43427 08/25/2025 FINANCE WWTP PACIFIC GAS & ELECTRIC 07/25 SERVICE 1902328695-8 25.46 43427 08/25/2025 FINANCE Zone 39 Activities PACIFIC GAS & ELECTRIC 07/25 SERVICE 6948316261-1 20.33 43428 08/25/2025 PARKS ADMINISTRATION Parks PARK ASSOCIATES PLAYGROUND EQUIPMENT REPAIRS 2,758.82 43429 08/25/2025 ENGINEERING LTF - Streets SALEM ENGINEERING GROUP R-94 BIKE LANE TESTING LAB 697.00 43430 08/25/2025 WWTP WWTP SYNAGRO WEST, INC. SLUDGE HAULING & DISPOSAL 10,850.95 43431 08/25/2025 PD OPERATIONS PD Operations TRANSUNION RISK & ALT͘ d SOLhd/KE^ DATABASE ACCESS 01/25 210.40 43432 08/25/2025 FINANCE Building VERIZON WIRELESS CITY CELL PHONE CHARGES 06/11/25-07/10/25 103.92 43432 08/25/2025 FINANCE Building VERIZON WIRELESS CITY CELL PHONE CHARGES 07/11/25-08/10/25 77.66 43432 08/25/2025 FINANCE City Council VERIZON WIRELESS CITY CELL PHONE CHARGES 06/11/25-07/10/25 38.01 43432 08/25/2025 FINANCE City Council VERIZON WIRELESS CITY CELL PHONE CHARGES 07/11/25-08/10/25 38.01 43432 08/25/2025 FINANCE Facilities Maintenance VERIZON WIRELESS CITY CELL PHONE CHARGES 06/11/25-07/10/25 51.96 43432 08/25/2025 FINANCE Facilities Maintenance VERIZON WIRELESS CITY CELL PHONE CHARGES 07/11/25-08/10/25 38.83 43432 08/25/2025 FINANCE HR/RISK MGT VERIZON WIRELESS CITY CELL PHONE CHARGES 06/11/25-07/10/25 38.01 43432 08/25/2025 FINANCE HR/RISK MGT VERIZON WIRELESS CITY CELL PHONE CHARGES 07/11/25-08/10/25 38.01 43432 08/25/2025 FINANCE STREETS VERIZON WIRELESS CITY CELL PHONE CHARGES 06/11/25-07/10/25 13.67 43432 08/25/2025 FINANCE STREETS VERIZON WIRELESS CITY CELL PHONE CHARGES 07/11/25-08/10/25 13.75 43432 08/25/2025 FINANCE PD Operations VERIZON WIRELESS CITY CELL PHONE CHARGES 06/11/25-07/10/25 266.13 43432 08/25/2025 FINANCE PD Operations VERIZON WIRELESS CITY CELL PHONE CHARGES 07/11/25-08/10/25 266.07 43433 08/25/2025 PARKS Parks WEST COAST ARBORISTS, INC. CITY WIDE TREE TRIMMING 1,890.00 43434 08/25/2025 FINANCE PD Operations OVERPAYMENTS VOIDED PK REIMB - PK 43552 67.00 43435 08/25/2025 FINANCE Parking Dist Operation OVERPAYMENTS VOIDED PK REIMB - PK 43922 67.00 43436 08/25/2025 FINANCE Parking Dist Operation OVERPAYMENTS VOIDED PK REIMB - PK 11106 134.00 43437 08/25/2025 FINANCE Parking Dist Operation OVERPAYMENTS VOIDED PK REIMB - PK 11078 134.00 43438 08/25/2025 FINANCE PD Operations OVERPAYMENTS VOIDED PK REIMB - PK 43558 67.00 43439 08/25/2025 FINANCE Water Fund AR REFUNDS DEPOSIT REFUND - METER #19 1,700.00 43440 08/25/2025 FINANCE Water Fund AR REFUNDS DEPOSIT REFUND - METER #42 1,700.00 43441 08/25/2025 FINANCE Water Fund AR REFUNDS DEPOSIT REFUND - METER #42 1,700.00 43442 08/25/2025 FINANCE Water Fund AR REFUNDS DEPOSIT REFUND - METER #3 1,700.00 43443 08/25/2025 FINANCE Water Fund AR REFUNDS DEPOSIT REFUND - METER #44 1,700.00 43444 08/25/2025 FINANCE Water Fund AR REFUNDS DEPOSIT REFUND - METER #18 1,700.00 43445 08/25/2025 FINANCE Water Fund AR REFUNDS DEPOSIT REFUND - METER #42 1,700.00 43446 08/25/2025 FINANCE Water Fund AR REFUNDS DEPOSIT REFUND - METER #24 1,700.00 43447 08/25/2025 PARKS ADMINISTRATION General Trust Fund OTP- PARKS REFUNDS DEPOSIT REFUND - SUNRISE ROTARY FIELD 50.00 43448 08/25/2025 PARKS ADMINISTRATION General Trust Fund OTP- PARKS REFUNDS REFUND DEPOSIT - ROTARY PAVILION 50.00 43448 08/25/2025 PARKS ADMINISTRATION Parks OTP- PARKS REFUNDS REFUND DEPOSIT - ROTARY PAVILION 115.00
CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT
CITY OF MADERA
REGISTER OF AUDITED DEMANDS FOR BANK #1 - US BANK GENERAL ACCOUNT September 17, 2025
43449 08/25/2025 PARKS ADMINISTRATION General Trust Fund OTP- PARKS REFUNDS DEPOSIT REFUND - LTC PAVILION 50.00 43450 08/25/2025 PARKS ADMINISTRATION General Trust Fund OTP- PARKS REFUNDS DEPOSIT REFUND - POOL 100.00 43451 08/25/2025 PARKS ADMINISTRATION General Trust Fund OTP- PARKS REFUNDS DEPOSIT REFUND - POOL 100.00 43452 08/25/2025 PARKS ADMINISTRATION General Trust Fund OTP- PARKS REFUNDS DEPOSIT REFUND - SUNRISE ROTARY FIELD 50.00 43453 08/25/2025 PARKS ADMINISTRATION General Trust Fund OTP- PARKS REFUNDS REFUND DEPOSIT - ROTARY PAVILION 50.00 43454 08/25/2025 PARKS ADMINISTRATION Comm & Rec Centers OTP- PARKS REFUNDS DEPOSIT REFUND - PANAM MULTI-ROOM 240.00 43454 08/25/2025 PARKS ADMINISTRATION General Trust Fund OTP- PARKS REFUNDS DEPOSIT REFUND - PANAM MULTI-ROOM 100.00 43455 08/25/2025 PARKS ADMINISTRATION General Trust Fund OTP- PARKS REFUNDS DEPOSIT REFUND - SUNRISE ROTARY FIELD 50.00 43456 08/25/2025 PARKS ADMINISTRATION General Trust Fund OTP- PARKS REFUNDS DEPOSIT REFUND - PANAM GYM 200.00 43457 08/25/2025 PARKS ADMINISTRATION General Trust Fund OTP- PARKS REFUNDS DEPOSIT REFUND - LTC FIELD 50.00 43458 08/25/2025 PARKS ADMINISTRATION General Trust Fund OTP- PARKS REFUNDS REFUND DEPOSIT - ROTARY PAVILION 50.00 43459 08/25/2025 PARKS ADMINISTRATION General Trust Fund OTP- PARKS REFUNDS DEPOSIT REFUND - POOL 100.00 43460 08/25/2025 PARKS ADMINISTRATION General Trust Fund OTP- PARKS REFUNDS DEPOSIT REFUND - SUNRISE ROTARY FIELD 50.00 43461 08/25/2025 PARKS ADMINISTRATION Parks OTP- PARKS REFUNDS DEPOSIT REFUND - SUNRISE ROTARY FIELD 175.00 43462 08/25/2025 PARKS ADMINISTRATION General Trust Fund OTP- PARKS REFUNDS ACTIVITY WITHDRAWAL REFUND 30.00 43463 08/25/2025 PARKS ADMINISTRATION General Trust Fund OTP- PARKS REFUNDS DEPOSIT REFUND - POOL 100.00 43464 08/25/2025 PARKS ADMINISTRATION General Trust Fund OTP- PARKS REFUNDS DEPOSIT REFUND - PANAM GYM 200.00 43465 08/25/2025 PARKS ADMINISTRATION General Trust Fund OTP- PARKS REFUNDS DEPOSIT REFUND - PANAM GYM 500.00 43466 08/25/2025 PARKS ADMINISTRATION General Trust Fund OTP- PARKS REFUNDS DEPOSIT REFUND - POOL 100.00 43467 08/25/2025 PARKS ADMINISTRATION General Trust Fund OTP- PARKS REFUNDS DEPOSIT REFUND - PANAM MULTI-ROOM 100.00 43468 08/25/2025 PARKS ADMINISTRATION General Trust Fund OTP- PARKS REFUNDS REFUND DEPOSIT - ROTARY PAVILION 50.00 43469 08/25/2025 PARKS ADMINISTRATION General Trust Fund OTP- PARKS REFUNDS REFUND DEPOSIT - ROTARY PAVILION 50.00 43470 08/25/2025 PARKS ADMINISTRATION General Trust Fund OTP- PARKS REFUNDS DEPOSIT REFUND - SUNRISE ROTARY FIELD 100.00 43471 08/25/2025 PARKS ADMINISTRATION General Trust Fund OTP- PARKS REFUNDS DEPOSIT REFUND - LTC PAVILION 50.00 43472 08/25/2025 UB - WATER Water Fund OTP- UB REFUNDS UB TERM REFUND 9923640 249.01 43473 08/25/2025 UB - WATER Water Fund OTP- UB REFUNDS UB TERM REFUND 9923767 90.30 43474 08/25/2025 FINANCE Water Utility OTP- UB REFUNDS UB TERM REFUND - 9919392-510061 183.18 43475 08/25/2025 UB - WATER Water Fund OTP- UB REFUNDS UB TERM REFUND 9917764 280.90 43476 08/25/2025 UB - WATER Water Fund OTP- UB REFUNDS UB TERM REFUND 9925263 59.76 43477 08/25/2025 UB - WATER Water Fund OTP- UB REFUNDS UB TERM REFUND 9926445 150.00 43478 08/25/2025 UB - WATER Water Fund OTP- UB REFUNDS UB TERM REFUND 9925882 255.96 43479 08/25/2025 UB - WATER Water Fund OTP- UB REFUNDS UB TERM REFUND 9921682 411.21 43480 08/25/2025 UB - WATER Water Fund OTP- UB REFUNDS UB TERM REFUND 9924920 232.51 43481 08/25/2025 UB - WATER Water Fund OTP- UB REFUNDS UB TERM REFUND 9923892 269.26 43482 08/25/2025 UB - WATER Water Fund OTP- UB REFUNDS UB TERM REFUND 9912890 94.09 43483 08/25/2025 UB - WATER Water Fund OTP- UB REFUNDS UB TERM REFUND 9903777 314.00 43484 08/25/2025 UB - WATER Water Fund OTP- UB REFUNDS UB TERM REFUND 9908229 297.92 43485 08/25/2025 UB - WATER Water Fund OTP- UB REFUNDS UB TERM REFUND 6460487 138.38 43486 08/25/2025 UB - WATER Water Fund OTP- UB REFUNDS UB TERM REFUND 9923930 127.42 43487 08/25/2025 UB - WATER Water Fund OTP- UB REFUNDS UB TERM REFUND 9917617 94.01
CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT
CITY OF MADERA
REGISTER OF AUDITED DEMANDS FOR BANK #1 - US BANK GENERAL ACCOUNT September 17, 2025
43488 08/25/2025 UB - WATER Water Fund OTP- UB REFUNDS UB TERM REFUND 9895923 57.94 43489 08/25/2025 UB - WATER Water Fund OTP- UB REFUNDS UB TERM REFUND 9906212 175.93 43490 08/25/2025 UB - WATER Water Fund OTP- UB REFUNDS UB TERM REFUND 4683195 39.87 43491 08/25/2025 UB - WATER Water Fund OTP- UB REFUNDS UB TERM REFUND 9915854 96.99 43492 08/29/2025 FLEET ACQUISITION Fleet Acquisition 72 HOUR LLC CHIP TRUCK WITH AERIAL LIFT - #2024 199,998.11 43493 08/29/2025 PD OPERATIONS PD Operations CELIA GARNICA PER DIEM - WLLE CONFERENCE 263.50 43494 08/29/2025 PD OPERATIONS PD Operations KAYLA BIANCHI PER DIEM - WLLE CONFERENCE 263.50 43495 08/29/2025 ENGINEERING RSTP - FED EX DAVE CHRISTIAN CONSTRUCTION TS-34 GRANADA - PEDESTRIAN IMPROVEMENT 64,593.00 43495 08/29/2025 ENGINEERING HIGHWAY SAFETY DAVE CHRISTIAN CONSTRUCTION TS-34 GRANADA - PEDESTRIAN IMPROVEMENT 1,572.22 43496 08/29/2025 ENGINEERING AFFORDABLE HOUSING SEAL RITE PAVING SIDEWALK IMPROVEMENT 369,942.00 43497 08/29/2025 CITY ADMIN Facilities Maintenance OTP - FINANCE PER DIEM & REIMBURSEMENT - RS5000 LOGIX TRAINING1,001.87 43498 08/29/2025 PD OPERATIONS PD Operations OTP - FINANCE PER DIEM - WLLE CONFERENCE 263.50 43499 08/29/2025 UB - WATER Water Fund OTP- UB REFUNDS UB TERM REFUND 9925969 150.00 43500 08/29/2025 UB - WATER Water Fund OTP- UB REFUNDS UB TERM REFUND10001081 190.91 43501 08/29/2025 UB - WATER Water Fund OTP- UB REFUNDS UB TERM REFUND 9925656 276.81 43502 08/29/2025 UB - WATER Water Fund OTP- UB REFUNDS UB TERM REFUND 9923158 241.36 43503 08/29/2025 UB - WATER Water Fund OTP- UB REFUNDS UB TERM REFUND 9917821 132.10 43504 08/29/2025 UB - WATER Water Fund OTP- UB REFUNDS UB TERM REFUND 9898465 54.66 43505 09/05/2025 PD OPERATIONS PD Operations GONZALES, RICHARD REIMBURSEMENT - VEST 200.00 43506 09/05/2025 HR/RISK MGT PD Operations VASQUEZ, RYAN TUITION REIMBURSEMENT 459.00 43507 09/05/2025 CITY ADMIN STREETS HICKMAN, JAMIE REIMBURSEMENT - DOT FEES 58.00 43508 09/05/2025 PD OPERATIONS MEAS K - PD HARRY D. WILSON INC. SERVICE BMW 1250 - #6606 1,134.63 43509 09/05/2025 FACILITIES Water Quality Control TELSTAR INSTRUMENTS WELL 24 CHLORINE GENERATOR CELL ASSY 10,716.75 43509 09/05/2025 WWTP WWTP TELSTAR INSTRUMENTS WWTP CALIBRATION FLOW METER 1,622.00 43510 09/05/2025 PARKS ADMINISTRATION /nsurance/Reimď͘ DamaŐe DAVE BANG ASSOCIATES, INC. OF ages CALIFORNIA SRAN PLAYGROUND REPAIRS - ARSON DAMAGE 105,482.00 43511 09/05/2025 WWTP WWTP VORTEX INDUSTRIES, INC. WWTP GARAGE DOOR 2,372.42 43512 09/05/2025 ENGINEERING RSTP - FED EX GHD INC. 4TH/LAKE/CENTRAL INTERSECTION IMPROVEMENTS 53,583.75 43513 09/05/2025 PARKS ADMINISTRATION Sports Programs J & D MANUFACTURING FLAG FOOTBALL JERSEYS 1,224.31 43514 09/05/2025 PD OPERATIONS PD Operations LEATHAM FAMILY, LLC PD BADGE ORDER 174.88 43515 09/05/2025 PD OPERATIONS Code Enforcement DIEBERTS CREATIVE COPY INC CODE ENFORCEMENT STICKERS 212.41 43516 09/05/2025 FINANCE Finance THE PUN GROUP PROFESSIONAL AUDITING SVS 26,666.00 43517 09/05/2025 ENGINEERING Engineering AMAZON.COM STANDING DESK 185.10 43518 09/05/2025 ENGINEERING Water Mtnc/Operations DAVIDS ENGINEERING, INC. PROFESSIONAL ENG SERVICES 408.25 43519 09/05/2025 PARKS ADMINISTRATION Parks ELITE MAINTENANCE AND TREE SERVICE GROUP 2 NON-MEDIAN LANDSCAPE MAINTENANCE 7,415.73 43519 09/05/2025 PARKS ADMINISTRATION MEDIAN LANDS ELITE MAINTENANCE AND TREE SERVICE GROUP 3 MEDIAN LANDSCAPE MAINTENANCE 16,454.82 43519 09/05/2025 PARKS ADMINISTRATION Parking Dist Operation ELITE MAINTENANCE AND TREE SERVICE GROUP 1 DOWNTOWN LANDSCAPE MAINTENANCE 667.58 43520 09/05/2025 FINANCE Finance HINDERLITER, DE LLAMAS AND ASSOCIATES Q1 25/26 CONTRACT/AUDIT SALES 22,362.33 43520 09/05/2025 FINANCE Finance HINDERLITER, DE LLAMAS AND ASSOCIATES FY 25/26 ACFR STATISTICAL PKG 795.00 43521 09/05/2025 FIRE Fire VAN DE POL ENTERPRISES, INC. FUEL CDF - 07/16/25-07/31/25 488.45 43521 09/05/2025 FIRE MEAS K - FIRE VAN DE POL ENTERPRISES, INC. FUEL CDF - BULK DIESEL 2,809.14
CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT
CITY OF MADERA
REGISTER OF AUDITED DEMANDS FOR BANK #1 - US BANK GENERAL ACCOUNT September 17, 2025
43521 09/05/2025 WWTP WWTP VAN DE POL ENTERPRISES, INC. FUEL WWTP - BULK PROPANE 3,588.08 43522 09/05/2025 FLEET MAINTENANCE TRANS - FIXED ALPHA EMPIRE AUTO GROUP, INC. REPAIRS - BUS #8050 5,017.36 43523 09/05/2025 HR/RISK MGT HR/RISK MGT ALLIANT INSURANCE SERVICES, INC. BENEFITS BROKER SERVICES 7,500.00 43524 09/05/2025 FLEET ACQUISITION Fleet Acquisition GARTON TRACTOR INC 8 FT FLAIL MOWER #7013 14,613.75 43525 09/05/2025 HR/RISK MGT PD Operations SARAH SARQUIZ TUITION REIMBURSEMENT 1,350.00 43526 09/05/2025 FLEET MAINTENANCE Fleet Maintenance DL BATTY, INC. SHOP - ROLL UP DOOR REPLACEMENT 6,068.70 43527 09/05/2025 FINANCE Madera Groundwater JPA Committ JACOB T ROBERSON MRWM CONSULTING - 02/01/24-04/30/2 500.00 43528 09/05/2025 FINANCE Madera Groundwater JPA Committ MADERA COUNTY FARM BUREAU 2016 PROP 1 IRWM DAC INVOLVEMENT GRANT 17,401.16 43529 09/05/2025 ENGINEERING Sewer Capital Outlay GATEWAY PACIFIC CONTRACTORS, INC. WWTP24-01 IMPROVEMENTS PROJECT 24,525.00 43530 09/05/2025 ENGINEERING Sewer Capital Outlay GATEWAY PACIFIC CONTRACTORS, INC. WWTP24-01 IMPROVEMENTS PROJECT 465,975.00 43531 09/05/2025 PARKS ADMINISTRATION Develop Impact Fee/Parks WESTWOOD PROFESSIONAL SERVICES, INC. TOZER PARK ENG & DESIGN SVS 10,205.02 43532 09/05/2025 PD OPERATIONS General Trust Fund GARCIA, VICTORIA PER DIEM - CLI SESSION #3 236.50 43533 09/05/2025 FINANCE ^Ƶccessor ŐencLJ eďt ^ǀc gency BANK OF NEW YORK MELLON RDA TAX ALLOCATION REF BONDS SERIES 2018A 1,500.00 43534 09/05/2025 ENGINEERING Water Capital Outlay SKIBO APPRAISAL SERVICES PROPERTY APRAISAL - APN# 013-280-002 400.00 43535 09/05/2025 FINANCE Finance HUANG, LYANN REIMBURSEMENT - CPA LICENSE 340.00 43536 09/05/2025 FINANCE PAYROLL TRUST M.C.E.A. MONTHLY DUES 08/25 270.00 43537 09/05/2025 CITY CLERK'S OFFICE City Council MADERA DOWNTOWN ASSOC. PARADE ENTRY FEE - 2025 45.00 43538 09/05/2025 HR/RISK MGT HR/RISK MGT MADERA DOWNTOWN ASSOC. PARADE ENTRY FEE - 2025 45.00 43539 09/05/2025 FINANCE PAYROLL TRUST M P O A MONTHLY DUES 08/25 8,111.20 43540 09/05/2025 GRANTS Home Program Income RANEY PLANNING & MANAGEMENT, INC. ANNUAL HOME MONITORING 7,903.39 43541 09/05/2025 PARKS ADMINISTRATION Aquatics Programs OTP- PARKS REFUNDS CANCELLATION REFUND - POOL 45.00 43541 09/05/2025 PARKS ADMINISTRATION Parks Administration OTP- PARKS REFUNDS CANCELLATION REFUND - POOL 5.00 778 08/26/2025 FINANCE PAYROLL TRUST NAVIA BENEFIT SOLUTIONS INC FSA SECTION 125 DISBURSEMENT 08/26/25 DISBURSEMENT 08/26/25 464.51 779 08/12/2025 FINANCE PAYROLL TRUST NAVIA BENEFIT SOLUTIONS INC FSA SECTION 125 DISBURSEMENT 08/12/25 1,271.20 780 08/12/2025 FINANCE CFD Debt Fund BANK OF NEW YORK MELLON s CFD 2006-1 TAX REFUNDING BONDS SERIES 2018 117,070.00 780 08/12/2025 FINANCE Sewer Fund BANK OF NEW YORK MELLON 2015 WASTEWATER REV REF BOND 124,251.00 780 08/12/2025 FINANCE Water Debt Service BANK OF NEW YORK MELLON nds 2015 WATER REV REF BOND 12,326.25 781 08/20/2025 FINANCE Finance PITNEY BOWES, INC. PREPAID POSTAGE REFILL 5,000.00 782 08/25/2025 FINANCE PAYROLL TRUST NPC-ORCHARD TRUST COMPANY PLAN #340227-01 FOR 08/21/25 8,427.35 783 08/29/2025 FINANCE PAYROLL TRUST CA DEPARTMENT OF CHILD SUPPORT CHILD SUPPORT DEDUCTIONS FOR 08/29/25 PAYROLL 1,297.24 784 08/29/2025 FINANCE PAYROLL TRUST MISSION SQUARE - 302351 PLAN #302351 CONTRIBS FOR 08/29/25 32,315.06 BANK #1 - US BANK GENERAL ACCOUNT TOTAL $ 2,732,906.56
REPORT TO CITY COUNCIL
Approved by: Council Meeting of: September 17, 2025
_________________________________ Agenda Number: ___________ Wendy Silva, Director of Human Resources
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:
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)
SUMMARY:
The purpose of this report is to provide the Council an informational update on employment matters, including new hires, transfers, and terminations. This report represents activity since the prior report submitted on the August 20, 2025, City Council agenda.
DISCUSSION:
The Civil Service Commission (Commission) met September 2, 2025, to review eligibility lists for civil service recruitments. Lists were approved for the following classifications:
▪ Senior Planner
▪ Police Sergeant
▪ Police Corporal
▪ Parks Worker I
▪ Water System Worker I
B-3
The following employees began employment with the City since our last report.
Table 1: New Hires and Re-hires
Name Position Department Status* Effective
Date
Fredy Pineda Equipment Operator Public Works FT 9/8/25
*Status: FT = Full Time, PT = Part Time, RA = Retired Annuitant The following promotions, transfers, or assignment changes occurred since our last report.
Table 2: Promotions, Transfers, or Assignment Changes
Name Old Position New Position Effective
Date
Juan Raygoza, Jr. Program Leader I/Lifeguard Park Aide 7/26/25 Sergio Hernandez Police Officer I Police Officer II 7/28/25 The following employees separated from employment since our last report.
Table 3: Separations
Name Position Department Status* Effective
Date
Benjamin Galindo Program Leader
I/Softball Umpire
Parks & Community
Services PT 6/10/25
Bailey McCaskillAguilarLifeguard/Program
Leader I
Parks & Community
Services PT 8/1/25
Miguel Calderon Park Aide Parks & Community
Services PT 8/4/25
Linda Aguilera Office Assistant II Public Works FT 8/15/25 Adam Camacho Police Officer I Police FT 8/15/25
Phillip Lopez Police Officer I Police FT 8/19/25
Silas Varela Police Officer II Police FT 8/26/25
Kathleen Varela Code Enforcement
Officer I Police FT 8/27/25
Jerry Martinez Engineering Project
Manager Engineering RA 9/1/25
*Status: FT = Full Time, PT = Part Time, RA = Retired Annuitant FINANCIAL IMPACT:
Funding for positions and employees to fill those positions is contemplated annually by the Council in the budget process. During the course of any given fiscal year, individual employees filling specific positions may change due to a number of various circumstances. All hiring and termination decisions are subject to the approval of the City Manager.
ALTERNATIVES:
This report is for informational purposes only.
ATTACHMENTS:
None
REPORT TO CITY COUNCIL
Approved by: Council Meeting of: September 17, 2025
Agenda Number: ___________
________________________________
Joseph Hebert, Parks & Community Services Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:
Madera County Elections Division Fee Waiver Request for the Special Election occurring November 4, 2025
RECOMMENDATION:
Adopt a Resolution waiving the rental fees of the Pan American Community Center starting on October 31, 2025, and ending on November 4, 2025, related to the Special Election, hosted by the Madera County Elections Division, at an anticipated rental fee of $4,045 SUMMARY:
The City received a request from the Madera County Elections Division (MCED) seeking a waiver of rental fees for the use of the Pan American Community Center (PAC) to serve as a Vote Center for the November 4, 2025, Special Election.
The MCED is requesting access to the PAC starting on October 31, 2025, through November 4, 2025. MCED is requesting the PAC serve as a Vote Center, accessible to people who wish to vote in person or drop off ballots for the Special Election.
DISCUSSION:
The MCED has submitted a formal request for a fee waiver to use PAC as a Vote Center for the Special Election.
MCED is requesting access to the PAC starting on October 31, 2025, for the setting up of equipment and materials. The request for early access to the PAC has been included in the overall rental fees’ calculations. The use of the PAC as a Vote Center will officially begin on November 1, B-4
2025, and conclude on November 4, 2025. The PAC would be open as a Vote Center according to the schedule provided by MCED.
PAC as Vote Center on November 1, 2025, from 7:30 am to 5:30 pm PAC as Vote Center on November 2, 2025, from 7:30 am to 5:30 pm PAC as Vote Center on November 3, 2025, from 7:30 am to 5:30 pm PAC as Vote Center on November 4, 2025, from 6:30 am to 9 pm (Election Day) Eligible voters would be able to access the PAC to vote in person or to drop off ballots before the close of the Special Elections during the dates and times listed above.
MCED is committed to adhering to all rules and regulations regarding the use of the facility and will ensure the area utilized is left in its original condition following the conclusion of the rental.
This rental is subject to all other applicable requirements. This includes the provision of acceptable rental insurance.
FINANCIAL IMPACT:
The applicable costs associated with the rental of PAC, with the space as needed, are summarized in Table 1, which would be applicable for this rental. Costs are derived from the City of Madera Master Fee Schedule.
Table 1: Estimated Financial Impact Without Fee Waiver
Administrative Fee $25
Deposit $200
Access to PAC Gym x 5 days (All Day) $3,000
Access to PAC Kitchen x 4 days $540
Early Entry Fee $280
Total $4,045
The total applicable cost for the rental of PAC sufficient to meet the reserved space needed, with dates and times as requested, would be $4,045.
As of the writing of this report, MCED has not received any reimbursement funds from the State of California, nor have they been provided with a timeline as to when reimbursement may occur for the upcoming special election.
ALTERNATIVES:
The Council may elect to reject the fee waiver and require the MCED to remit any associated fees if they wish to rent PAC to serve as a Vote Center for the upcoming Special Election.
ATTACHMENTS:
1. Resolution Waiving the rental fees of the Pan American Community Center starting on October 31, 2025, and ending on November 4, 2025, related to the Special Election, hosted by the Madera County Elections Division, at an anticipated rental fee of $4,045 a. Exhibit A – Schedule of Dates Requested
2. Letter Requesting Fee Waiver
ATTACHMENT 1
Adopt a Resolution waiving the rental fees of the Pan American Community Center starting on October 31, 2025, and ending on November 4, 2025, related to the Special Election, hosted by the Madera County Elections Division, at an anticipated rental fee of $4,045 RESOLUTION NO. 25-______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,
CALIFORNIA, WAIVING THE RENTAL FEES OF THE PAN AMERICAN COMMUNITY CENTER STARTING ON OCTOBER 31, 2025, AND ENDING ON NOVEMBER 4, 2025, RELATED TO THE SPECIAL ELECTION, HOSTED BY THE
MADERA COUNTY ELECTIONS DIVISION, AT AN ANTICIPATED RENTAL FEE OF $4,045
WHEREAS, the City has received a request for the waiver of fees for the rental of the Pan American Community Center (PAC); and
WHEREAS, the request is from the Madera County Elections Division; and WHEREAS, the MCED is looking to have the PAC serve as a Vote Center for the Special Election occurring on November 4, 2025; and
WHEREAS, the request is for rental utilization on 5 separate days starting October 31, 2025, to November 4, 2025, for all-day use during these dates; and WHEREAS, the estimated fees for the request are calculated based on the City of Madera Master Fee Schedule; and
WHEREAS, the fees for the event are calculated at $4,045; and WHEREAS, MCED is still subject to providing insurance documentation for City facility rentals that meet City requirements.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF MADERA hereby resolves, finds, determines and orders as follows:
1. The foregoing recitals are true and correct and incorporated herein by reference.
2. The Council finds that the waiver of fees as set forth in this resolution serves a valid public purpose in that Madera County Elections Division serves a community need to provide eligible voters with access to casting a ballot with integrity, security, and privacy.
3. The City Council does hereby waive the City fees for Rental Fees of the Pan American Community Center on the dates identified in Exhibit A, subject to confirmation of insurance.
4. This resolution is effective immediately upon adoption. * * * * * *
Exhibit A – Schedule of Dates Requested
1. October 31, 2025
2. November 1, 2025
3. November 2, 2025
4. November 3, 2025
5. November 4, 2025
ATTACHMENT 2
Letter Requesting Fee Waiver
Rebecca Martinez, County Clerk-Recorder
and Registrar of Voters
COUNTY CLERK-RECORDER & REGISTRAR OF VOTERS
200 West Fourth Street • Madera, CA 93637 • 800.435.0509 Toll Free • 559.675.7720 • 559.675.7721 • 559.675.7724 • 559.675.7870 Fax www.maderacounty.com • www.votemadera.com
Date: 8/7/2025
To:
Nicki Rincon
Pan American Community Center
703 Sherwood Way
Madera, CA 93638
Subject: Request for Fee Waiver – Use of Facility for November 4, 2025 Special Election Dear Nicki,
On behalf of the Madera County Elections Division, I am writing to formally request a waiver of facility rental fees for the use of the Pan American Community Center as an official Vote Center for the proposed November 4, 2025 Special Election.
As part of our commitment to providing accessible and convenient voting locations, the Pan American Community Center has been identified as a key site to serve the voting public. We respectfully request use of the facility for the following dates and times:
• Facility Access Dates:
o Friday, October 31, 2025: Setup of voting equipment
o Saturday, November 1 – Monday, November 3, 2025: Vote Center operations from 7:30 a.m. to 5:30 p.m. o Tuesday, November 4, 2025 (Election Day): Vote Center operations from 6:30 a.m. to 9:00 p.m. o Wednesday, November 5, 2025: Removal of equipment and site restoration The facility will be staffed at all times during operating hours by trained election workers, and all necessary safety and security protocols will be followed.
We kindly request that the facility rental fees be waived in support of the electoral process and public service to the voters of our community.
Should you need further details or documentation regarding this request, please do not hesitate to contact me at 559-675-7720 or [email protected].
Thank you for your continued support and consideration.
Sincerely,
Stephen Serrano
Deputy Director of Election Services
Madera County Elections Division
REPORT TO CITY COUNCIL
Approved by: Council Meeting of: September 17, 2025
Agenda Number: ___________
________________________________
Joseph Hebert, Parks & Community Services Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:
Madera Unified School District Attendance Recovery Camp Consultant Services Agreement for School Year 2025-2026
RECOMMENDATION:
Adopt a Resolution Approving a Consultant Services Agreement between the City of Madera and Madera Unified School District for the Attendance Recovery Camp for School Year 2025-2026, not to exceed $11,274
SUMMARY:
The City received a request from the Madera Unified School District (MUSD) to utilize the John Wells Youth Center (JWYC) for a newly funded initiative, Attendance Recovery Camp, during the 2025-2026 school year. MUSD has requested the City’s partnership to provide staffing during the dates and times proposed associated with the Attendance Recovery Camp.
DISCUSSION:
Following the passage of California Senate Bill 153, school districts can optionally implement an Attendance Recovery program starting in the 2025–2026 school year to address truancy and chronic absenteeism. MUSD has plans to carry out the Attendance Recovery Camp in the 2025- 2026 school year. MUSD has reached out to the City to propose a partnership to facilitate the Attendance Recovery Camp to take place at the John Wells Youth Center. Under the proposed agreement, MUSD staff will provide program oversight, while City staff will be limited to assisting.
Moreover, MUSD will rotate participants to various planned activities while City staff will assist with serving of meals/snacks. Meals and snacks would be provided by MUSD.
B-5
The City would be committing to providing the John Wells Youth Center on four separate dates, including:
October 6, 2025
November 15, 2025
February 23, 2026
April 11, 2026
Programming for all four dates would be from 1:00 pm to 4:30 pm.
The Attendance Recovery Camp, hosted at the JWYC, would provide MUSD students with a communal site for voluntary participation in the attendance recovery efforts to recover lost instructional time associated with absenteeism from school. Each date anticipates no more than 120 students over various school grades as follows.
Transitional Kindergarten – Kindergarten: 40 students 1st Grade: 40 students
2nd Grade: 40 students
FINANCIAL IMPACT:
The total value of the Consultant Services Agreement is not to exceed $11,274, reimbursable after the conclusion of the Attendance Recovery Camp. The value of the Consultant Services Agreement covers staffing costs, a Robo Enrichment session, JWYC rental fees, and includes an administrative fee. The Robo Enrichment session includes a presentation from a third-party vendor using an interactive robotic dog, bringing STEAM learning and social development to participants.
The contract will provide General Fund relief for the activities borne by this Agreement.
These expenses and revenue generated from the Agreement will be reflected in Fiscal Year 2025/2026 in the Parks Grants Fund, #41096360. There are available funds to cover the staffing costs listed in Table 1, as well as sufficient funding in expense lines to cover the cost of enrichment activities.
Table 1: Cost Proposal from the City to MUSD for Attendance Recovery Partnership
Staffing Costs $5,114
Robo Enrichment Session ($255/session x 4) $1,020
Facility Rental $2,885
Admin Fee $2,255
Total $11,274
Staffing costs include the cost of staff training, assistance with the setup, assisting MUSD staff during activities, and cleanup during the four dates identified.
ALTERNATIVES:
As an alternative, the Council may elect not to enter into the Consultant Services Agreement with MUSD for the 2025-2026 school year Attendance Recovery Camp.
Council may also elect to request additional information be brought forth at the next meeting to make a more informed decision. Staff would like to note, MUSD requires confirmation of approval of the Consultant Services Agreement to confirm the Attendance Recovery Camp dates and location sites for programming to plan accordingly, which includes outreach and enrolling students. Any delay in providing confirmation may affect the City’s ability to enter into the Agreement altogether.
ATTACHMENTS:
1. Resolution Approving a Consultant Services Agreement between the City of Madera and Madera Unified School District for the Attendance Recovery Camp for School Year 2025- 2026, not to exceed $11,274
a. Exhibit A: Consultant Services Agreement
ATTACHMENT 1
Resolution Approving a Consultant Services Agreement between the City of Madera and Madera Unified School District for the Attendance Recovery Camp for School Year 2025-2026, not to exceed $11,274
RESOLUTION NO. 25-______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,
CALIFORNIA, APPROVING A CONSULTANT SERVICES AGREEMENT
BETWEEN THE CITY OF MADERA AND MADERA UNIFIED SCHOOL
DISTRICT FOR THE ATTENDANCE RECOVERY CAMP FOR SCHOOL YEAR 2025-2026, NOT TO EXCEED $11,274
WHEREAS, the City has received a request from Madera Unified School District (MUSD); and
WHEREAS, the request is for a partnership to implement the Attendance Recovery Camp during the 2025-2026 school year; and
WHEREAS, the Attendance Recovery Camp would provide MUSD students an opportunity for voluntary participation, to recover lost instructional time associated with absenteeism from school; and
WHEREAS, the request for a partnership with the City includes the utilization of the John Wells Youth Center and provision of staff; and
WHEREAS, the costs incurred by the City would not exceed $11,274, to be reimbursed by MUSD after the completion of the Attendance Recovery Camp dates.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF MADERA hereby resolves, finds, determines and orders as follows:
1. The foregoing recitals are true and correct and incorporated herein by reference.
2. The Consultant Services Agreement with Madera Unified School District for the Attendance Recovery Camp during the 2025-2026 school year, not to exceed $11,274, is attached hereto as Exhibit A.
3. This resolution is effective immediately upon adoption. * * * * * *
Exhibit A – Consultant Services Agreement
REPORT TO CITY COUNCIL
Approved by: Council Meeting of: September 17, 2025
_________________________________ Agenda Number: ____________ Keith Helmuth, Department Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:
Easement Deed from Jose Diaz Contreras and Gabino Diaz Hernandez for Sidewalk Improvements at 416 Amerine Avenue for City Project R-94 Bid Package 3 Phase 2 AHSC Agreement No. 19- AHSC-12761
RECOMMENDATION:
Adopt a Resolution Approving an Agreement for Purchase of an Easement at 416 Amerine Avenue (APN 009-071-024)
SUMMARY:
Right-of-Way (ROW) acquisition from one parcel of land is necessary for sidewalk improvements per City Project R-94 Bid Package 3 Phase 2 AHSC Agreement No. 19-AHSC-12761 (Project). City Council (Council) previously approved similar ROW acquisitions for the same projects at their meetings of February 29th, March 5th, March 19th, April 2nd, May 7th and May 21st. One additional acquisition is presented as part of this item.
The agreement and easement deed have been executed by the property owner. It is recommended for approval. The value of the land for the acquisition of the parcel is $500.00.
Funds for the ROW acquisition are included in the City’s Fiscal Year (FY) 2024/25 Budget for the project.
DISCUSSION:
The scope of the project consists of installation of sidewalk improvements. This is part of a larger, previously approved project by the City Council. The project includes excavation of native soil, roadway excavation, demolition of concrete improvements, installation of curb ramps, curb and gutter, drive approaches, asphalt backpatch to new curb and gutter, tree removal, fence relocation, and adjusting utility boxes to grade. As part of the project, ROW acquisition is necessary from owners of twelve parcels, nine of which were previously approved by the City B-6
Council and have been executed. This item would bring the total to ten of the necessary twelve parcels. For the parcel location, see Attachment 2, Location Map.
The land acquisition and improvement from the subject parcel are listed in Table 1. The subject parcel is owned by Jose Diaz Contreras and Gabino Diaz Hernandez.
Table 1: ROW Impact & Cost
APN Area
(Square Feet) Cost
009-071-024 47 $500.00
The City follows Caltrans guidelines for minor acquisition takes. Caltrans Local Assistance Procedures Manual indicates that when the City determines that the valuation is uncomplicated and the market value is estimated at $10,000 or less, based on a review of available data, a formal appraisal report is not required. This is consistent with City Administrative Policy No. AP-48 for waiver of formal appraisals on certain real property and to acquire said parcels by sale or donation where such parcels or portions thereof to be acquired do not have fair market value in excess of $2,500.
The formal offer and acquisition information, Purchase and Sale of Real Property Agreement and easement Deed with a description of the interest in land to be acquired has been presented to the property owner.
On October 21, 2021, the City determined that the Project is Categorically Exempt under Article 19, Section 15301 (c) of the Guidelines for California Environmental Quality Act (Minor alteration of existing public facilities).
FINANCIAL IMPACT:
There will be no impact to the City’s General Fund for the ROW and construction costs for this project. The ROW acquisition is funded from Local Transportation Funds (LTF) programmed in the FY 2024/25 Capital Improvements Project Budget. Construction will be funded by the Affordable Housing and Sustainable Communities (ASHC) Grant.
ALTERNATIVES:
City Council may choose to reject the ROW acquisition. The rejection of ROW acquisition would result in the inability to install City Standard curb access ramps and sidewalk and therefore our inability to complete the project potentially jeopardizing funds.
ATTACHMENTS:
1. Resolution
Exhibit 1 – Agreement and Deed
Exhibit A – Land Description
Exhibit B – Right of Way Dedication
Exhibit 2 - Property Owner List
2. Location Map
Attachment 1
Resolution
RESOLUTION NO. 25-_________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA
APPROVING AN AGREEMENT FOR THE PURCHASE OF AN EASEMENT AT 416 AMERINE AVE, MADERA, CA 93637 (APN 009-071-024)
WHEREAS, a project is programmed in the Fiscal Year 2024/25 Capital Improvement Program (CIP) to install sidewalks at various locations and is identified as “Sidewalk Improvements at Various Locations City Project R-94 Bid Package 3 Phase 2 AHSC Agreement No. 19-AHSC-12761” (Project); and
WHEREAS, the Project requires the acquisition of right-of-way from one parcel of land to construct sidewalks and curb access ramps in the Project area; and WHEREAS, one property owner of record, listed in Exhibit 2 attached hereto, has offered for sale to the City of Madera the interest in real property necessary for the Project; and WHEREAS, the property to be acquired is more specifically described in the legal description included in the Agreement for Purchase and Sale of Real Property (Agreement) and attached to the Easement Deed; and
WHEREAS, the purchase price offered for the property has been established per square foot in accordance with the City’s recent acquisitions for commercial and residential properties; and
WHEREAS, on October 21, 2021, the City determined that the Project is Categorically Exempt from California Environmental Quality Act (CEQA) pursuant to Section 15301(a-e) of the CEQA Guidelines; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MADERA hereby finds, orders and resolves as follows:
1. The above recitals are true and correct.
2. The City Council of the City of Madera approves an Agreement for Purchase and Sale of Real Property with Jose Diaz Contreras and Gabino Diaz Hernandez in the amount of $500.00 and accepts the Easement Deed for the same sidewalk improvements at 416 Amerine Ave Madera, CA 93637,
3. The Agreement, copy of which is attached hereto as Exhibit 1 and referred to for particulars, is approved.
4. The City Clerk is authorized to prepare the Certificate of Acceptance for the Easement Deed.
5. The Finance Director is authorized to make the payment for the land acquisitions in the amount shown in the attached Exhibit 2.
6. The City Engineer with the agreement of the City Manager and City Attorney is authorized to make non-material or technical corrections to documents required for implementation of the agreements.
7. This resolution is effective immediately upon adoption. * * * * * * * *
EXHIBIT 1
Agreement and Deeds
EXHIBIT 2
Property Owner List
PROPERTY OWNER LIST
RIGHT OF WAY ACQUISITION
For
SIDEWALK IMPROVEMENTS AT VARIOUS LOCATIONS CITY PROJECT NO. R-94 BID PACKAGE 3 PHASE 2 AHSC AGREEMENT NO. 19-AHSC-12761
APN PROPERTY OWNER/ADDRESS AMOUNT
009-071-024 Jose Diaz Contreras $250.00
416 Amerine Ave
Madera, CA 93637
009-071-024 Gabino Diaz Hernandez $250.00
416 Amerine Ave
Madera, CA 93637
Attachment 2
Location Map
REPORT TO CITY COUNCIL
Approved by: Council Meeting of: September 17, 2025
_________________________________ Agenda Number: ___________ Arnoldo Rodriguez, City Manager
SUBJECT:
Second Amendment to the Agreement with Stantec Consulting Services, Inc. to prepare the quarterly groundwater monitoring reports
RECOMMENDATION:
Adopt a Resolution approving a second contract amendment to the Professional Engineering Consulting Services with Stantec Consulting Services to prepare the quarterly groundwater monitoring reports as required by the new Waste Discharge Permit (R5-2022-0074) for the Wastewater Treatment Facility for 27,000
SUMMARY:
On May 23, 2019, the City submitted its Report of Waste Discharge (RoWD) to the Regional Water Quality Control Board (Regional Board), initiating the renewal process for the City’s Wastewater Treatment Facility (WWTF) discharge permit. Following an extensive review and coordination period, the Regional Board adopted new Waste Discharge Requirements (WDRs) on December 9, 2022.
Under the 2022 permit conditions, the City’s effluent disposal capacity was kept at the average daily dry weather flow (ADDWF) of 7 million gallons per day (MGD) that was in the previous Permit. The permit requires the City to prepare an anti-degradation analysis and comprehensive water balance study in order to evaluate conditions for increasing permitted disposal capacity to 10 MGD.
To support this requirement, the City installed new groundwater monitoring wells in 2023, allowing for expanded sampling and data collection. Quarterly groundwater monitoring reports have since been prepared through 2024. With this data now available, the City can complete the anti-degradation analysis as outlined in the Permitting and Engineering Services Agreement (executed in December 2018, and modified under Change Order No. 1 in December 2020).
B-7
DISCUSSION:
In 2018, the City contracted with Stantec Consulting Services, Inc. (Stantec) for professional engineering services to update the WWTF discharge permit. Under this agreement, Stantec assisted with initial permit negotiations, engineering documentation, correspondence, and development of the RoWD submitted on May 23, 2019, to officially begin the WWTF discharge permit renewal process. The original contract carried a cost of up and not to exceed $50,000. On December 16, 2020, the City Council approved Amendment No. 1 to the Agreement with Stantec Consulting Services to prepare the quarterly groundwater monitoring reports for the WWTF. This amendment, executed as Change Order No. 1 in the amount of $157,000, expanded Stantec’s scope to include:
Installation of groundwater monitoring wells
Preparation of groundwater monitoring reports, an anti-degradation analysis, and A treatment capacity assessment
On August 19, 2019, the Regional Board responded to the RoWD, requesting additional information to consider flows above 7 MGD. Although the WWTF was designed in 2006 to treat up to 10.1 MGD, the Board required:
A description of hydrogeologic conditions (groundwater data) An anti-degradation analysis evaluating potential groundwater impacts An updated water balance
A WWTF treatment capacity assessment
The City submitted a proposed work plan on September 18, 2019, which was approved by the Regional Board on December 20, 2019. Since 7 of the 8 existing monitoring wells had been dry since 2015, new wells were required to generate usable data. On December 7, 2020, Stantec proposed services for the new well installations, which were included in the FY 2020/21 Budget as CIP Project WWTP20-21.
With new wells installed in 2023, the City now has the necessary sampling data to proceed with the anti-degradation analysis and water balance required by the current permit.
Current Proposal – Contract Amendment
Stantec has submitted a proposal for a second contract amendment under the WWTF Waste Discharge Permit Project. The scope includes Task 300: Preparation of Quarterly Groundwater Monitoring Reports for the period beginning Fourth Quarter 2024 through Fourth Quarter 2026.
A summary of Task 300 is included below.
Fee: $3,000 per report; not to exceed $27,000
Deliverables: Each report will be prepared under the supervision of a California Registered Professional Geologist or Engineer and will include:
o A narrative description of all preparatory, monitoring, sampling, and sample handling for groundwater monitoring.
o A field log for each well documenting depth to groundwater; sample preparation (e.g., filtering); and sample preservation.
o Calculation of groundwater elevation at each monitoring well, and determination of groundwater flow direction and gradient on the date of the measurement.
o For each monitoring well, a table showing groundwater depth, elevation, and constituent concentrations for at least the five previous years, up through the current quarter.
o Summary data tables of analytical results collected during the quarter and the current water table elevations.
o A scaled map showing relevant structures and features of the WWTP, the locations of monitoring wells, surface waters, and groundwater elevation contours referenced to an appropriate datum (e.g., National Geodetic Vertical Datum).
Stantec will also continue maintaining and updating the groundwater monitoring database.
Sampling and laboratory testing will remain the responsibility of City staff or subcontractors.
Approval of the proposed contract amendment will keep the City in compliance with Regional Board requirements and allow completion of the technical analysis needed to increase the WWTF capacity to 10 MGD. It also maintains continuity with Stantec, the firm most familiar with the facility and permit process.
FINANCIAL IMPACT:
The cost of Professional Engineering Consulting Services associated with this amendment, in the amount of $27,000, is budgeted within the Sewer Enterprise Fund. An existing Purchase Order (No. 17460) is in place, and $20,000 has been allocated in the current fiscal year budget, which is sufficient to cover the costs associated with this amendment.
ALTERNATIVES:
Council may choose not to approve this amendment or request additional information on the matter.
ATTACHMENTS:
1. Resolution approving the Contract Amendment to the Agreement with Stantec for Professional Engineering Consulting Services for additional work at $27,000 a. Exhibit A: Second Contract Amendment, including Scope of Work
2. Agreement with Stantec Consulting Services, Inc. for Professional Engineering Consulting Services dated December 19, 2018.
a. First Amendment to Professional Engineering Consulting Services for the Update of the Waster Discharge Permit for the City of Madera Waste Water Treatment Plant Agreement
Attachment 1
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,
CALIFORNIA APPROVING SECOND AMENDMENT TO AGREEMENT FOR
PROFESSIONAL ENGINEERING CONSLTING SERVICES WITH STANTEC
CONSULTING SERVICES FOR THE PREPARATION OF QUARTERLY
GROUNDWATER MONITORING REPORTS FOR THE CITY OF MADERA
WASTEWATER TREATMENT FACILITY
WHEREAS, the City Council adopted Resolution No. 18-240 entering into an agreement with Stantec Consulting Services, Inc. (Stantec); and
WHEREAS, the existing agreement was to initiate the process of renewing the Wastewater Treatment Plant's Waste Discharge requirements permitting process; and WHEREAS, after a more in-depth analysis and communication with the Central Valley Regional Water Quality Control Board, it has been determined that additional analysis is warranted to update the City of Madera's Wastewater Treatment Plant, Waste Discharge Permit; and
WHEREAS, the City Council adopted Resolution No. 20-170 amending the agreement for professional engineering services for the update of the Waste Discharge Permit; and WHEREAS, Stantec has proposed continued consulting services through an amendment of the agreement is required; and
WHEREAS, Stantec has been identified as a firm having the necessary experience and qualifications to provide Professional Engineering Services; and WHEREAS, the cost for the additional services is $27,000.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MADERA HEREBY finds, orders, and resolves as follows:
1. The above recitals are true and correct.
2. The City Council approves the Second Amendment to the Agreement with Stantec Consulting Services, Inc. for Professional Engineering Consulting Services for the for the Preparation of Quarterly Groundwater Monitoring Reports for the City of Madera Wastewater Treatment Plant, attached as Exhibit A and incorporated herein.
3. This resolution is effective immediately upon adoption. ****
EXHIBIT A
SECOND AMENDMENT TO PROFESSIONAL ENGINEERING CONSULTING SERVICES FOR THE
PREPARATION OF QUARTERLY GROUNDWATER MONITORING REPORTS FOR THE CITY OF
MADERA WASTEWATER TREATMENT PLANT AGREEMENT
This Second Amendment to the Agreement titled "Professional Engineering Consulting Services for the Preparation of Quarterly Groundwater Monitoring Reports for the City of Madera Wastewater Treatment Plant" dated 19 December 2018, then amended on December 16, 2020, is made and entered into this 17th day of September, 2025 between the City of Madera, hereinafter called "City," and Stantec Consulting Services, Inc. hereinafter called "Consultant."
RECITALS
WHEREAS, on December 19, 2018, CITY and Consultant entered into an Agreement for the Update of the Waste Discharge Permit for the City Wastewater Treatment Plant ("Agreement"); and
WHEREAS, on December 16, 2020, the CITY approved a First Amendment to Agreement; and WHEREAS, during the course of performance of the Agreement, the Parties have determined that additional work is required; and
WHEREAS, City and Consultant wish to amend the Agreement to add to the scope of services and timeframes in the original Agreement and to increase compensation for the additional work per this Second Amendment to Agreement ("Second Amendment”).
AGREEMENT
Based on the foregoing recitals, the Parties hereto mutually agree as follows:
SECTION 1. Section 2 of the Agreement titled "Scope of Work" provides for the services to be provided under the Agreement. The Parties agree that the Agreement is amended to provide that additional services will be performed by Consultant. The additional services and timeframes for performance are set forth in Exhibit A to this Second Amendment which is incorporated by reference and which is titled "Reference: Scope of Work for Madera WWTF, Contract Amendment" and dated April 9, 2025.
Section 2 Section 4 of the Agreement titled "Compensation" provides the compensation to be paid for services under the Agreement. The Parties agree that the Agreement is amended to provide additional compensation to be paid for the additional services as provide in Section 1, above, in accordance with the Scope of Work for Madera WWTP, Exhibit A to this Second Amendment, which additional compensation shall not exceed $27,000 in total.
SECTION 3. Except as amended by this Second Amendment, all other terms and conditions of the Agreement remain in full force and effect.
SECTION 4. This Second Amendment to Agreement shall be effective upon full execution by both Parties and deemed dated based on the date of the City Manager’s signature.
City of Madera Stantec Consulting Services
By: ____________________________ By: _____________________________ Arnoldo Rodiguez, City Manager Steven L. Beck, P.E., Senior Principal
____________________________
Taxpayer I.D. Number
Approved As to Form:
By: ____________________________
Shannon Chaffin, City Attorney
ATTEST:
By: _____________________________
Alicia Gonzales, City Clerk
Scope of Work
Consultant shall perform the additional work:
Task 300: Preparation of Quarterly Groundwater Monitoring Reports ($3.000 per quarterly report) Each quarterly report will be prepared with data collected by City staff (ortheir authorized representatives).
Consultant will continue to prepare the Regional Board required quarterly groundwater monitoring reports beginning with the fourth quarter 2024 and through the fourth quarter 2026 for a fee not to exceed $3,000 per report (total fee not to exceed $27,000). Each groundwater monitoring report will be prepared under the direction of a California Registered Professional Geologist or Engineer and contain the following minimum information:
• A summary of groundwater monitoring results collected during the quarter; • A narrative of preparatory monitoring, sampling and analytical testing; • Calculation of groundwater elevation, assessment of contours, determination of gradient and flow direction, and comparison of pervious monitoring events including a discussion of any relevant trends;
• Preparation of summary tables of water quality and elevation data; • Scaled map showing relevant facility features and monitoring locations; and, • Copies of the laboratory analytical reports.
Consultantwill also continue to maintain and update the groundwater monitoringdatabase thatwill be used to trackmonitoring data. Note that sampling and laboratory analysisis excluded from this scope of work and will continue to be performed by the City'ssubcontractors.
PROJECT BUDGET AND TASK SUMMARY REPORT
The following table provides a breakdown of budgetary costs needed to complete the groundwater monitoring reportsidentified above:
SCHEDULE OF BILLING RATES - 2025 (USD)
Scope of Work will be conducted on a time and materials basis, using Consultant's most current Fee Schedule set forth below. In no event shall the total amount for Task 300 exceed $27,000.
Billing
Level
Hourly
Rate
Description
3 4
s
$133
$141
$158
Junior Level position
□ Independently carries out assignments of limited scope using standard procedures, methods and techniques
□ Assists senior staff in carrying out more advanced procedures □ Completed work is reviewed for feasibility and soundness of judgment □ Graduate from an appropriate post-secondary program or equivalent □ Generally, one to three years' experience
6 7
8 $165
$179
$187
Fully Qualified Professional Position
□ Carries out assignments requiring general familiarity within a broad field of the respective profession
□ Makes decisions by using a combination of standard methods and techniques □ Actively participates in planning to ensure the achievement of objectives □ Works independently to interpret information and resolve difficulties □ Graduate from an appropriate post-secondary program, with credentials or equivalent □ Generally, three to six years' experience
9 10
11 $195
$204
$219
First Level Supervisor or first complete Level of Specialization □ Provides applied professional knowledge and initiative in planning and coordinating work programs
□ Adapts established guidelines as necessary to address unusual issues □ Decisions accepted as technically accurate, however may on occasion be reviewed for soundness of judgement
□ Graduate from an appropriate post-secondary program, with credentials or equivalent □ Generally, five to nine years' experience
12 13
14 $231
$241
$261
Highly Specialized Technical Professional or Supervisor of groups of professionals □ Provides multi-discipline knowledge to deliver innovative solutionsin related field of expertise □ Participates in short and long range planning to ensure the achievement of objectives □ Makes responsible decisions on all matters, including policy recommendations, work methods, and financial controls associated with large expenditures □ Reviews and evaluates technical work
□ Graduate from an appropriate post-secondary program, with credentials or equivalent □ Generally, ten to fifteen years' experience with extensive, broad experience 15 16
17 $274
$292
$301
Senior Level Consultant or Management
□ Recognized as an authority in a specific field with qualifications of significant value □ Provides multi-discipline knowledge to deliver innovative solutions in related field of expertise □ Independently conceives programs and problems forinvestigation □ Participates in discussions to ensure the achievement of program and/or project objectives □ Makesresponsible decisions on expenditures, including large sums orimplementation of major programs and/or projects
□ Graduate from an appropriate post-secondary program, with credentials or equivalent □ Generally, more than twelve years' experience with extensive experience 18 19
20 21
$302
$313
$324
$344
Senior Level Management under review by Vice President or higher □ Recognized as an authority in a specific field with qualifications of significant value □ Responsible for long range planning within a specific area of practice orregion □ Makes decisions which are far reaching and limited only by objectives and policies of the organization
□ Plans/approves projects requiring significant human resources or capital investment □ Graduate from an appropriate post-secondary program, with credentials or equivalent □ Generally, fifteen years' experience with extensive professional and management experience Expert Witness Services carry a 50% premium on labor. Overtime will be charged at 1.5 times the standard billing rate. All labor rates will be subject to annual increase in an amount acceptable to the Parties.
Attachment Ϯ
REPORT TO CITY COUNCIL
Approved by: Council Meeting of: September 17, 2025
________________________________ Agenda Number: ___________ Keith Helmuth, City Engineer
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:
Streamlining Caltrans Improvements to the Avenue 17 and State Route 99 Interchange RECOMMENDATION:
Adopt a Resolution authorizing Kimley Horn and Associates to act related to certain Caltrans improvements for Avenue 17 and State Route 99, and to approve a covenant to indemnify with NP Opco, LLC.
SUMMARY:
Improvements are being constructed by a developer within the Caltrans right of way for the Avenue 17 and State Route 99 interchange, including certain roundabout improvements. These improvements are under the supervision of Caltrans and its engineers. Regardless, Caltrans typically requires the City to sign off on any encroachment permitting activities for certain improvements that may be adjacent to City infrastructure. The City currently has limited staff resources, which can delay review and associated construction. However, Caltrans has authorized a request for the City to delegate said consideration to Kimely Horn and Associates, Inc. (“Kimely Horn”), who provides professional engineering services. To help address a shortage of City resources, the City Council is being requested to authorized the appointment of Kimely Horn. Additionally, out of an abundance of caution Staff is also recommending the City Council approve a Covenant to Indemnify with NP Opco, LLC, the developer representative, to help ensure the City will be made whole in the unlikely event Kimely Horn does not meet professional standards or the City is otherwise damaged.
ĨŽr͗ Ͳϴ
FINANCIAL IMPACT:
Delegation will save costs associated with staff time reviewing encroachment items for this project where the improvements are located within Caltrans right of way, and will facilitate construction of the improvements.
ALTERNATIVES:
The City Council may choose not to delegate authority to Kimely Horn or enter into the Covenant to Indemnify with NP Opco, LLC.
ATTACHMENTS:
1. Resolution: Covenant to Indemnify (NP Opco, LLC)
ATTACHMENT 1
RESOLUTION NO. 25-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,
CALIFORNIA AUTHORIZING KIMLEY HORN AND ASSOCIATES TO ACT RELATED TO CERTAIN CALTRANS IMPROVEMENTS FOR AVENUE 17 AND STATE ROUTE 99 AND APPROVE A COVENANT TO INDEMNIFY WITH NP
OPCO, LLC
WHEREAS, Improvements are being constructed by a developer within the Caltrans right of way for the Avenue 17 and State Route 99 interchange, including certain roundabout improvements, which improvements are under the supervision of Caltrans and its engineers; and
WHEREAS, Caltrans typically requires the City to sign off on any encroachment permitting activities for certain improvements that may be adjacent to City infrastructure; and WHEREAS, the City currently has limited staff resources, which can delay review and associated construction; an d
WHEREAS, Caltrans has authorized a request for the City to delegate said consideration to Kimley Horn and Associates, Inc. (“Kimley Horn”), who provides professional engineering services; and
WHEREAS, to help address a shortage of City resources, the City Council desires to authorize the appointment of Kimley Horn; and
WHEREAS, the City Council also desires to approve a Covenant to Indemnify with NP Opco, LLC, the developer representative, to help ensure the City will be made whole in the unlikely event Kimley Horn does not meet professional standards or the City is otherwise damaged.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MADERA resolves as follows:
1. The above recitals are true and correct.
2. Kimley Horn and associates is authorized to consent to certain encroachment permit items on behalf of the City for the Caltrans Avenue 17 and State Route 99 interchange project, and consistent with the City’s letter with Caltrans regarding the same.
3. The City Council approves the Covenant to Indemnify attached as Exhibit A hereto, with NO Opco, LLC. The Mayor or City Manager is authorized to execute the same.
4. This Resolution is effective immediately upon adoption. *******
Exhibit A: Covenant to Indemnify
01425.0001 2040122.1 Page 1 of 2
COVENANT TO INDEMNIFY
THIS COVENANT is made by and between the City of Madera, a Municipal Corporation, hereinafter referred to as "City," and NP Opco LLC, a Nevada limited liability company, hereinafter referred to as "Covenantor" without regard for number or gender, and is effective the date first appearing on the Clerk’s Certification of signature.
Improvements are being constructed by a developer within the Caltrans right of way for the Avenue 17 and State Route 99 interchange, including certain roundabout improvements. Caltrans typically requires the City to sign off on any encroachment permitting activitiesfor certain improvements that may be adjacent to City infrastructure. However, Caltrans has submitted a request for the City to delegate said consideration to Kimley-Horn and Associates, Inc. (“Kimley-Horn”), who provides professional engineering services.
To help address a shortage of City resources, the City has authorized the appointment of Kimley-Horn.
However, the City also desires certain assurances that if professional standards, etc., are not followed, that the City will be indemnified by the developer representative, Covenantor, who has requested the parties enter into this Agreement.
In consideration of the foregoing recitals, the value and adequacy of which are hereby acknowledged, Covenantors and City agree as follows:
1. To the furthest extent allowed by law, Covenantors agree to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents, attorneys, and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by City, Covenantor or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees, litigation and legal expenses incurred by City or held to be the liability of City, including plaintiff’s or petitioner’s attorney’s fees if awarded, in connection with City’s defense of its actions in any proceeding), arising or alleged to have arisen directly or indirectly out of performance or in any way connected with: (i) assignment of authority to Kimley-Horn by the City; (ii) this Agreement; iii) associated with the Caltrans letter; iv) or associated with the professional design services provided by Kimley-Horn on behalf of the City by benefit of the assignment. Covenantor’s obligations under the preceding sentence shall apply regardless of whether City or any of its officers, officials, employees or agents are negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused solely by the gross negligence, or caused by the willful misconduct, of City or any of its officers, officials, employees, agents or authorized volunteers.
2. City shall notify Covenantors of its receipt of any demand, claim, action, proceeding, or litigation in which City is to be indemnified and held harmless by Covenantor. If City requests Covenantors defend City, City shall notify Covenantors in writing and shall cooperate fully in such defense. Covenantors shall then have the right to select the attorney or attorneys who will defend the City. However, the City shall have the right to approve the counsel selected by Covenantors, which approval shall not be unreasonably withheld. Covenantors agree to promptly and fully reimburse City for any and all City costs, including any attorney and staff time, to determine the suitability of the attorney or attorneys proposed by Covenantors. Covenantors further agree to be fully responsible for any and all costs and attorney’s fees generated by said attorney(s) in the defense of City in any claim, demand, action, proceeding or litigation arising under this Covenant. Notwithstanding the foregoing, City shall have final approval of all briefs submitted on behalf of the City in any litigation related to the defense of this matter. Covenantors shall reimburse the City for City Attorney review time for each draft brief to be filed on behalf of the City. The hourly rate shall be the current rate approved by the City at the time of the review of each brief. Final approval by City is required for any settlement or other voluntary resolution in any proceeding wherein the City is named a party. 01425.0001 2040122.1 Page 2 of 2
3. If either party is required to commence any proceeding or legal action to enforce or interpret any term or condition of this Covenant, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses. For the purposes of this Covenant, “attorneys’ fees” and “legal expenses” include, without limitation, paralegals’ fees and expenses, attorneys, consultants fees and expenses, expert witness fees and expenses, and all other expenses incurred by the prevailing party’s attorneys in the course of the representation of the prevailing party in anticipation of and/or during litigation, whether or not otherwise recoverable as “attorneys’ fees” or as “costs” under California law, and the same may be sought and awarded in accordance with California procedure as pertaining to an award of contractual attorneys’ fees.
4. The waiver by either party of a breach by the other of any provision of this Covenant shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Covenant may be waived unless in writing and signed by all parties to this Covenant. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein.
5. The Parties to this Covenant acknowledge and agree that each of them has had a full and fair opportunity to carefully read and review the terms and provisions of this Covenant and consult with their own attorney concerning the meaning and effect of this Covenant. By executing this Covenant, each of the Parties hereto represents, acknowledges, and agrees that such Party carefully read and fully understands all the provisions of this Covenant, and that they are knowingly and voluntarily entering into this Covenant and signing it of their own free will.
6. Venue and Choice of Law: California law shall apply. Venue shall be proper in Madera County superior court. Venue for federal purposes shall be in the Eastern District of California, at the courthouse in Fresno.
7. This Covenant may be executed in counterparts, and copies of this Covenant shall be deemed originals.
CITY OF MADERA,
a Municipal Corporation
By: _________________________________
Arnoldo Rodriguez, City Manager
Approved as to form:
ALESHIRE & WYNDER
City Attorney
By: _________________________________
Shannon Chaffin, City Attorney
NP OPCO LLC,
a Nevada limited liability company
By: _________________________________
Jeffrey T. Welch, Authorized Signatory
REPORT TO CITY COUNCIL
Approved by: Council Meeting of: September 17, 2025
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:
City Participation in the National Opioid Settlement Agreements with Secondary Manufacturers RECOMMENDATION:
Adopt a Resolution:
1. Approving Settlement Agreements and Participation Forms for the City’s participation in the New National Opioid Settlement Agreements with Alvogen, Inc., Amneal Pharmaceuticals Inc., Apotex Inc., Hikma Pharmaceuticals Usa, Inc., Indivior Inc., Mylan Pharmaceuticals Inc., Sun Pharmaceutical Industries, Inc., and Zydus Pharmaceuticals Inc., (collectively referred to as Secondary Manufacturers), and authorizing the City Manager to execute all necessary documents and carry out all required actions to ensure the City’s participation, including transmittal of executed documents and participation in future related settlements, as applicable.
2. Approving the California State-Subdivision Agreements Regarding Distribution and Use of Settlement Funds relating to the New National Opioid Settlement Agreements with Secondary Manufacturers.
BACKGROUND:
During the last several years, there have been multiple settlement agreements with pharmaceuticals companies. These settlements resulted from litigation brought by various states, cities, and counties regarding the distribution and manufacture of opioids and their impact on the national opioid epidemic. Although the City was not a direct party to the litigation, its participation ensured eligibility for settlement funds. The City has participated in the following:
In 2021, the City entered into settlement agreements with McKesson Corporation, Cardinal Health, Inc., and AmerisourceBergen Corporation (Distributor Group), as well as Agenda Number: B-9
Johnson & Johnson, Janssen Pharmaceuticals, Inc., Ortho-McNeil-Janssen Pharmaceuticals, Inc., and Janssen Pharmaceutica, Inc. (Manufacturer Group), collectively referred to as the 2021 Settling Defendants.
In 2023, Council approved the City’s participation in additional National Opioid Settlement Agreements with Teva, Allergan, CVS, Walgreens, and Walmart (2023 Settling Defendants).
The City also approved participation in separate settlements with McKinsey & Company (settled with states beginning in February 2021), as well as with Mallinckrodt and Endo, whose settlement funds are distributed through national bankruptcy trusts rather than the standard “opt-in” settlement process.
In 2024, the City entered into an agreement with Kroger Co., further expanding its access to opioid settlement proceeds.
Collectively, these agreements provide critical funding that must be directed toward abatement efforts to address the local effects of the opioid crisis.
Most recently, in July 2025, Attorney General Rob Bonta announced proposed nationwide settlements with the Secondary Manufacturers totaling up to $720 million. California’s share is expected to be up to $70 million in abatement funding. The settling companies comprising Secondary Manufacturers and settlement amounts are:
Mylan (now part of Viatris): $284.4 million
Hikma: $95.8 million
Amneal: $71.8 million
Apotex: $63.7 million
Indivior: $38.0 million
Sun: $31.0 million
Alvogen: $18.7 million
Zydus: $14.9 million
As with earlier opioid-related settlements, local government participation is required to maximize the total amount directed to California communities. The Secondary Manufacturers Agreement requires a critical mass of participation, provides a broad release of the Settling Defendant from opioid-related liability, and authorizes direct or indirect payment of settlement funds to participating local agencies. Additional information about these settlements can be found at the following website: www.nationalopioidsettlement.com.
DISCUSSION:
With respect to the settlement funds, the Secondary Manufacturers Settlement Agreements could provide up to approximately $70 million to California. This amount assumes maximum participation. Similar to the 2021 and 2023 Settlement Agreements, the more local agencies that participate, the more funds will be available to California. Also, like previous opioid Settlement Agreements, the use of the funds is restricted to opioid remediation and abatement programs.
By default, these funds are allocated to the County, but the City can elect to receive a direct distribution; and use of the funds requires strict accounting requirements. These requirements only apply to the City if it elects to receive direct distribution and does not apply to the City if the funds go to the County. In terms of enforcement, the State enforces the expenditure requirements.
Approval of Recommendation 1 would authorize the City to participate in the National Opioid Settlements with Secondary Manufacturers on the terms and conditions of those settlement agreements and, further, allow the City Manager to carry out all necessary acts such that the City can participate in the National Opioid Settlements Purdue including signing necessary documents and transmittal thereof as necessary. Council approval and authorization to execution, submission, and receipt of all required documents must be completed before October 8, 2025.
Approval of Recommendation 2 would approve the California State-Subdivision Agreements Regarding Distribution and Use of Settlement Funds relating to the New National Opioid Settlement Agreements with Secondary Manufacturers.
FINANCIAL IMPACT:
The City’s share of the settlement is unclear at this time, as allocations depend on the level of participation by local agencies. Settlement funds will be distributed over a period of 5 to 15 years, depending on the specific agreement. To date, the City has received $375,187.95 in opioidrelated settlement funds and has expended $70,000. The anticipated budget for Fiscal Year 2025/26 is $261,465. All funds received to date have been allocated to Police Officer salaries, with specific focus on opioid overdose prevention efforts. Table 1 below summarizes the defendants with whom the City has entered into settlement agreements and the corresponding allocations received from 2022 to the present.
Table 1: Opioid settlement payment summary (1)
Date Amount Distributors
(2)
Janssen
(2)
Mallinckrodt
(3)
Teva
(4)
CVS
(4)
Allergan
(4)
Walgreens
(4)
Walmart
(4)
Mckinsey
(5)
Endo
(3)
Kroger
(6)
11/22/22 21,285 21,285
1/6/23 22,370 22,370
3/3/23 3,491 3,491
3/8/23 25,257 25,257
7/28/23 13,301 13,301
8/7/23 18,851 18,851
1/18/24 4,107 4,107
5/16/24 10,590 10,590
7/23/24 20,841 20,841
8/28/24 23,843 23,843
8/28/24 7,228 7,228
8/28/24 7,008 7,008
8/28/24 9,095 9,095
8/28/24 7,130 7,130
8/28/24 7,957 7,957
8/28/24 7,695 7,695
8/28/24 10,671 10,671
8/28/24 7,044 7,044
8/28/24 66,982 66,982
9/27/24 5,744 5,744
10/21/24 7,188 7,188
4/22/25 7,044 7,044
7/24/25 3,008 3,008
7/24/25 2,861 2,861
7/24/25 23,060 23,060
8/15/25 23,843 23,843
8/21/25 7,695 7,695
Total 375,188 98,411 104,828 7,598 14,236 16,226 23,348 24,758 66,982 5,744 7,188 5,869
1. All figures are in US $ and rounded to nearest dollar. Figures may not equal due to rounding.
2. In 2021, the City entered into settlement agreements with the Distributors and Manufacturers (collectively referred to as the “2021 Settling Defendants”).
3. Mallinckrodt and Endo settlement funds flow through national bankruptcy trusts and do not follow the same “opt-in” process as the national settlements.
4. In 2023, the City entered into settlement agreements with Teva, Allergan, Walmart, Walgreens, and CVS (the “2023 Settling Defendants”).
5. McKinsey & Company is separate from the “national settlement” buckets; states settled in February 2021, with additional federal and other agreements following.
6. In 2024, the City entered into a settlement agreement with Kroger Co.
ALTERNATIVES:
1. Approve participation with modifications.
2. Decline participation, forfeiting potential local funding to the State of California.
3. Elect to defer the City’s allocation to Madera County.
ATTACHMENTS:
1. Resolution
2. Secondary Manufacturers Combined Subdivision Participation and Release Form and Proposed State Subdivision Agreements Regarding Distribution and Use of Settlement Funds with Secondary Manufacturers. These documents can be accessed at https://nationalopioidsettlement.com/additional-settlements/.
RESOLUTION NO. _______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA AUTHORIZING
SETTLEMENT AGREEMENT(S) WITH SECONDARY MANUFACTURERS AND ENTRY INTO
PARTICIPATION AND ALLOCATION AGREEMENTS WITH THE STATE OF CALIFORNIA FOR THE SAME
WHEREAS, the Madera City Council recognizes the harms caused to its residents by the opioid epidemic, the need to hold responsible those entities that created said harm, and the need to fund various programs to mitigate the harm caused; and WHEREAS, in 2023 and 2024, the Madera City Council approved and authorized the settlements with and released claims against Defendants Teva, Allergan, Walmart, Walgreens, CVS, Kroger Co., and their respective affiliates, in exchange for the consideration set forth in the Settlement Agreements and according to the terms set forth in the State of California; and WHEREAS, in 2025 proposed nationwide settlements (the “Secondary Manufacturers Settlements”) have been reached with the following eight opioids manufacturers: Alvogen, Inc., Amneal Pharmaceuticals Inc., Apotex Corp., Hikma Pharmaceuticals UUSA Inc. Indivior Inc.
Mylan, Sun Pharmaceutical Industries Inc., and Zydus Pharmaceuticals USA) Inc.; and WHEREAS the Secondary Manufacturers Settlements carry a maximum total potential settlement amount of approximately $720,000,000.00, of which, the State of California can expect to receive a maximum potential total amount of approximately $70,000,000; and WHEREAS, the total amount owed under the Secondary Manufacturers Settlements is now dependent on a number of factors, including the total number of subdivisions signing the Secondary Manufacturers Combined Subdivision Participation and Release Form to join in the Secondary Manufacturers Settlements; and
WHEREAS, all funds received from the Secondary Manufacturers Settlements will follow the relevant National Opioid Settlement Agreements, National Mallinckrodt Bankruptcy Plan, and Endo Public Opioid Trust Agreement; and
WHEREAS, California local governments in the National Prescription Opiate Litigation have engaged in extensive discussions with the State Attorney General’s Office (“AGO”) as to how the California Opioid Funds will be allocated, which has resulted in the Proposed California State-Subdivision Agreements Regarding Distribution and Use of Settlement Funds (“Allocation Agreements”) from the settlements with the Secondary Manufacturers; and, WHEREAS, the Allocation Agreements allocate the California Opioid Funds as follows:
15% to the State Fund; 70% to the Abatement Accounts Fund; and 15% to the Subdivision Fund.
For the avoidance of doubt, all funds allocated to California from the Settlements shall be combined pursuant to the Allocation Agreements, and 15% of total from each settlement shall be allocated to the State of California (the “State of California Allocation”), 70% to the California Abatement Accounts Fund (“CA Abatement Accounts Fund”), and 15% to the California Subdivision Fund (“CA Subdivision Fund”); and,
WHEREAS, the funds in the CA Abatement Accounts Fund (the 70% allocation) will be allocated based on the allocation model developed in connection with the proposed negotiating class in the National Prescription Opiate Litigation, as adjusted to reflect only those cities and counties that are eligible, based on population or litigation status, to become a CA Participating Subdivision (those above 10,000 in population). The percentage from the CA Abatement Accounts Fund allocated to each CA Participating Subdivision is set forth in the Allocation Agreements provided to the City Council with this Resolution. The City’s share of the CA Abatement Accounts Fund will be a product of the total in the CA Abatement Accounts Fund multiplied by the City’s percentage set forth in Appendix 1 of the Allocation Agreements (the “Local Allocation”); and,
WHEREAS, a CA Participating Subdivision that is a city will be allocated its Local Allocation share as of the date on which it becomes a Participating Subdivision. The Local Allocation share for a city that is a CA Participating Subdivision will be paid to the county in which the city is located, unless the city elects to take a direct election of the settlement funds, so long as: (a) the county is a CA Participating Subdivision, and (b) the city has not advised the Settlement Fund Administrator that it requests direct payment at least 60 days prior to a Payment Date; and, WHEREAS, the City is eligible to participate in the Settlement and become a CA Participating Subdivision; and,
WHEREAS, it the intent of this Resolution is to authorize the City to enter into the New Opioid Settlement Agreements with Secondary Manufacturers by executing the associated Participation Agreements and to enter into the Allocation Agreements by executing the signature pages to those agreement by October 8, 2025.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Madera as follows:
Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.
Section 2. Approval and Authorization. The City Manager is hereby approved and authorized to settle and release the City’s claims against the Secondary Manufacturers in exchange for the consideration set forth in the Settlement Agreements, Participation Agreements, Allocation Agreements, and all exhibits thereto.
Section 3. Further Acts. The City Manager is hereby authorized to carry out all necessary acts such that the City can participate in the New Opioid Settlement Agreements, including, without limitation, execution (as necessary) of the Participation Agreements, Settlement Agreements, Allocation Agreements; and all related documents and the transmittal of thereof as necessary and appropriate.
Section 4. Ratification. All actions heretofore taken by the City Council and other appropriate public officers and agents of the City with respect to the matters contemplated under this Resolution are hereby ratified, confirmed and approved.
Section 5. It is anticipated that there will be further National Opioid settlements in the future. The City Council further authorizes, and delegates authority to, the City Manager to carry out all necessary acts to participate in, and effectuate, the National Opioid Settlements, including, but not limited to, execution of all future settlements and related documents subject to approval as to legal form from the City Attorney.
Section 6. Effective Date. This Resolution shall immediately take effect upon passage. *****
REPORT TO CITY COUNCIL
Approved by: Council Meeting of: September 17, 2025
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:
City Participation in the National Opioid Settlement Agreements with Purdue and Sackler Family RECOMMENDATION:
Adopt a Resolution:
1. Approving Settlement Agreements and Participation Forms for the City’s participation in the New National Opioid Settlement Agreements with Purdue Pharma LLC., and the Sackler Family and their affiliates (Purdue) and authorizing the City Manager to execute all necessary documents and carry out all required actions to ensure the City’s participation, including transmittal of executed documents and participation in future related settlements, as applicable.
2. Approving the California State-Subdivision Agreements Regarding Distribution and Use of Settlement Funds relating to the New National Opioid Settlement Agreements with Purdue and the Sackler Family.
BACKGROUND:
During the last several years, there have been multiple settlement agreements with pharmaceuticals companies. These settlements resulted from litigation brought by various states, cities, and counties regarding the distribution and manufacture of opioids and their impact on the national opioid epidemic. Although the City was not a direct party to the litigation, its participation ensured eligibility for settlement funds. The City has participated in the following:
In 2021, the City entered into settlement agreements with McKesson Corporation, Cardinal Health, Inc., and AmerisourceBergen Corporation (Distributor Group), as well as Johnson & Johnson, Janssen Pharmaceuticals, Inc., Ortho-McNeil-Janssen Pharmaceuticals, Inc., and Janssen Pharmaceutica, Inc. (Manufacturer Group), collectively referred to as the 2021 Settling Defendants.
Agenda Number: B-10
In 2023, Council approved the City’s participation in additional National Opioid Settlement Agreements with Teva, Allergan, CVS, Walgreens, and Walmart (2023 Settling Defendants).
The City also approved participation in separate settlements with McKinsey & Company (settled with states beginning in February 2021), as well as with Mallinckrodt and Endo, whose settlement funds are distributed through national bankruptcy trusts rather than the standard “opt-in” settlement process.
In 2024, the City entered into an agreement with Kroger Co., further expanding its access to opioid settlement proceeds.
Collectively, these agreements provide critical funding that must be directed toward abatement efforts to address the local effects of the opioid crisis.
Most recently, in June 2025, Attorney General Rob Bonta announced proposed nationwide settlements with Purdue Pharma and the Sackler family totaling up to $7.4 billion across all eligible jurisdictions, with California’s share expected to reach up to $440 million in abatement funding over the next 15 years. As with prior settlements, participation by a critical mass of local governments is required to maximize the funds available to California communities. The Purdue and Sackler Settlement Agreement provides a broad release of opioid-related liability for the defendants and establishes mechanisms for direct or indirect distribution of settlement funds to participating local agencies. Additional information about these settlements is available at www.nationalopioidsettlement.com.
DISCUSSION:
With respect to the settlement funds, the Purdue Settlement Agreement could provide up to approximately $440 million to California. This amount assumes maximum participation. Similar to prior settlement agreements, the more local agencies that participate, the more funds will be available to California. Also, like previous opioid Settlement Agreements, the use of the funds is restricted to opioid remediation and abatement programs. By default, these funds are allocated to the County, but the City can elect to receive a direct distribution; and use of the funds requires strict accounting requirements. These requirements only apply to the City if it elects to receive direct distribution and does not apply to the City if the funds go to the County. In terms of enforcement, the State enforces the expenditure requirements.
Approval of Recommendation 1 would authorize the City to participate in the National Opioid Settlements with Purdue on the terms and conditions of those settlement agreements and, further, allow the City Manager to carry out all necessary acts such that the City can participate in the National Opioid Settlements Purdue including signing necessary documents and transmittal thereof as necessary. Council approval and authorization to execution, submission, and receipt of all required documents must be completed before September 30, 2025.
Approval of Recommendation 2 would approve the California State-Subdivision Agreements Regarding Distribution and Use of Settlement Funds relating to the New National Opioid Settlement Agreements with Purdue and the Sackler Family.
FINANCIAL IMPACT:
The City’s share of the settlement is unclear at this time, as allocations depend on the level of participation by local agencies. Settlement funds will be distributed over a period of 5 to 15 years, depending on the specific agreement. To date, the City has received $375,187.95 in opioidrelated settlement funds and has expended $70,000. The anticipated budget for Fiscal Year 2025/26 is $261,465. All funds received to date have been allocated to Police Officer salaries, with specific focus on opioid overdose prevention efforts. Table 1 below summarizes the defendants with whom the City has entered into settlement agreements and the corresponding allocations received from 2022 to the present.
Table 1: Opioid settlement payment summary (1)
Date Amount Distributors
(2)
Janssen
(2)
Mallinckrodt
(3)
Teva
(4)
CVS
(4)
Allergan
(4)
Walgreens
(4)
Walmart
(4)
Mckinsey
(5)
Endo
(3)
Kroger
(6)
11/22/22 21,285 21,285
1/6/23 22,370 22,370
3/3/23 3,491 3,491
3/8/23 25,257 25,257
7/28/23 13,301 13,301
8/7/23 18,851 18,851
1/18/24 4,107 4,107
5/16/24 10,590 10,590
7/23/24 20,841 20,841
8/28/24 23,843 23,843
8/28/24 7,228 7,228
8/28/24 7,008 7,008
8/28/24 9,095 9,095
8/28/24 7,130 7,130
8/28/24 7,957 7,957
8/28/24 7,695 7,695
8/28/24 10,671 10,671
8/28/24 7,044 7,044
8/28/24 66,982 66,982
9/27/24 5,744 5,744
10/21/24 7,188 7,188
4/22/25 7,044 7,044
7/24/25 3,008 3,008
7/24/25 2,861 2,861
7/24/25 23,060 23,060
8/15/25 23,843 23,843
8/21/25 7,695 7,695
Total 375,188 98,411 104,828 7,598 14,236 16,226 23,348 24,758 66,982 5,744 7,188 5,869
1. All figures are in US $ and rounded to nearest dollar. Figures may not equal due to rounding.
2. In 2021, the City entered into settlement agreements with the Distributors and Manufacturers (collectively referred to as the “2021 Settling Defendants”).
3. Mallinckrodt and Endo settlement funds flow through national bankruptcy trusts and do not follow the same “opt-in” process as the national settlements.
4. In 2023, the City entered into settlement agreements with Teva, Allergan, Walmart, Walgreens, and CVS (the “2023 Settling Defendants”).
5. McKinsey & Company is separate from the “national settlement” buckets; states settled in February 2021, with additional federal and other agreements following.
6. In 2024, the City entered into a settlement agreement with Kroger Co.
ALTERNATIVES:
1. Approve participation with modifications.
2. Decline participation, forfeiting potential local funding to the State of California.
3. Elect to defer the City’s allocation to Madera County.
ATTACHMENTS:
1. Resolution
2. Subdivision Participation and Release Form and Proposed California State-Subdivision Agreement Regarding Distribution and Use of Settlement Funds Purdue/Sackler Settlement can be accessed at https://nationalopioidsettlement.com/purdue-sacklerssettlements/.
RESOLUTION NO. _______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA
AUTHORIZING SETTLEMENT AGREEMENT(S) WITH PURDUE PHARMA, LLC., AND THE SACKLER FAMILY AND ENTRY INTO PARTICIPATION AND
ALLOCATION AGREEMENTS WITH THE STATE OF CALIFORNIA FOR THE SAME
WHEREAS, the Madera City Council recognizes the harms caused to its residents by the opioid epidemic, the need to hold responsible those entities that created said harm, and the need to fund various programs to mitigate the harm caused; and WHEREAS, in 2021, 2023 and 2024, the Madera City Council approved and authorized the settlements with and released claims against Defendants Distributors, Jansson, Mallinckrodt, Teva, Allergan, Walmart, Walgreens, CVS, Kroger Co., and their respective affiliates, in exchange for the consideration set forth in the Settlement Agreements and according to the terms set forth in the State of California; and
WHEREAS, in 2025 proposed nationwide settlements (the “Purdue and Sackler Settlements”) have been reached with Purdue Pharma LLC., and the Sackler Family; and WHEREAS the Purdue and Sackler Settlements carry a maximum total potential settlement amount of approximately $1.4 billion, of which, the State of California can expect to receive a maximum potential total amount of approximately $440,000; and WHEREAS, the total amount owed under the Purdue and Sackler Settlements is now dependent on a number of factors, including the total number of subdivisions signing the Purdue and Sackler Combined Subdivision Participation and Release Form to join in the Purdue and Sackler Settlements; and
WHEREAS, all funds received from the Purdue and Sackler Settlements will follow the relevant National Opioid Settlement Agreements; and
WHEREAS, California local governments in the National Prescription Opiate Litigation have engaged in extensive discussions with the State Attorney General’s Office (“AGO”) as to how the California Opioid Funds will be allocated, which has resulted in the Proposed California State-Subdivision Agreements Regarding Distribution and Use of Settlement Funds (“Allocation Agreements”) from the settlements with the Purdue and Sackler; and, WHEREAS, the Allocation Agreements allocate the California Opioid Funds as follows:
15% to the State Fund; 70% to the Abatement Accounts Fund; and 15% to the Subdivision Fund.
For the avoidance of doubt, all funds allocated to California from the Settlements shall be combined pursuant to the Allocation Agreements, and 15% of total from each settlement shall be allocated to the State of California (the “State of California Allocation”), 70% to the California Abatement Accounts Fund (“CA Abatement Accounts Fund”), and 15% to the California Subdivision Fund (“CA Subdivision Fund”); and,
WHEREAS, the funds in the CA Abatement Accounts Fund (the 70% allocation) will be allocated based on the allocation model developed in connection with the proposed negotiating class in the National Prescription Opiate Litigation, as adjusted to reflect only those cities and counties that are eligible, based on population or litigation status, to become a CA Participating Subdivision (those above 10,000 in population). The percentage from the CA Abatement Accounts Fund allocated to each CA Participating Subdivision is set forth in the Allocation Agreements provided to the City Council with this Resolution. The City’s share of the CA Abatement Accounts Fund will be a product of the total in the CA Abatement Accounts Fund multiplied by the City’s percentage set forth in Appendix 1 of the Allocation Agreements (the “Local Allocation”); and,
WHEREAS, a CA Participating Subdivision that is a city will be allocated its Local Allocation share as of the date on which it becomes a Participating Subdivision. The Local Allocation share for a city that is a CA Participating Subdivision will be paid to the county in which the city is located, unless the city elects to take a direct election of the settlement funds, so long as: (a) the county is a CA Participating Subdivision, and (b) the city has not advised the Settlement Fund Administrator that it requests direct payment at least 60 days prior to a Payment Date; and, WHEREAS, the City is eligible to participate in the Settlement and become a CA Participating Subdivision; and,
WHEREAS, it the intent of this Resolution is to authorize the City to enter into the New Opioid Settlement Agreements with Purdue and Sackler by executing the associated Participation Agreements and to enter into the Allocation Agreements by executing the signature pages to those agreement by September 30, 2025.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Madera as follows:
Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.
Section 2. Approval and Authorization. The City Manager is hereby approved and authorized to settle and release the City’s claims against the Purdue and Sackler in exchange for the consideration set forth in the Settlement Agreements, Participation Agreements, Allocation Agreements, and all exhibits thereto.
Section 3. Further Acts. The City Manager is hereby authorized to carry out all necessary acts such that the City can participate in the New Opioid Settlement Agreements, including, without limitation, execution (as necessary) of the Participation Agreements, Settlement Agreements, Allocation Agreements; and all related documents and the transmittal of thereof as necessary and appropriate.
Section 4. Ratification. All actions heretofore taken by the City Council and other appropriate public officers and agents of the City with respect to the matters contemplated under this Resolution are hereby ratified, confirmed and approved.
Section 5. It is anticipated that there will be further National Opioid settlements in the future. The City Council further authorizes, and delegates authority to, the City Manager to carry out all necessary acts to participate in, and effectuate, the National Opioid Settlements, including, but not limited to, execution of all future settlements and related documents subject to approval as to legal form from the City Attorney.
Section 6. Effective Date. This Resolution shall immediately take effect upon passage. *****
REPORT TO CITY COUNCIL
Approved by:
_________________________________
Michael Lima, Director of Financial Services
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:
Community Development Block Grant (CDBG) Program Year 2025/26 Subrecipient Agreements
RECOMMENDATION:
Adopt Resolutions Approving the Program Year 2025/26 CDBG Subrecipient Agreement for Services for:
1. $177,958.20 with City of Madera Program Year 2025/26 CDBG Administration
2. $20,000 with Community Action Partnership of Madera County
3. $15,000 with Madera Coalition for Community Justice
4. $15,000 with Project Run Madera
5. $15,000 with O.L.I.V.E. Charitable Organization
6. $45,000 with Community Action Partnership of Madera County
7. $18,446.20 with Madera County Workforce
8. $40,022.45 with City of Madera Parks Department (Senior Program)
9. $230,047 with City of Madera Public Works Department (Sidewalk replacement program)
10. $413,317.15 with City of Madera Parks Department (Centennial Pool Complex)
11. $10,000 with City of Madera Parks Department (Taubert Park) SUMMARY:
The U.S. Department of Housing and Urban Development (HUD) announced the Program Year (PY) 2025/26 CDBG funding allocations on May 14, 2025. The City’s eligible allocation for the PY 2025/26 Annual Action Plan (AAP) is $989,791. Council approved the Annual Action Plan allocations on August 13, 2025. The proposed contracts for funding consists of the PY 2025/26 CDBG allocation and some unexpended funds from the PY 2024/25. The City’s Citizen Participation Process(CPP) requires a 30-day public comment period. The public comment period opened on July 12, 2025, and expired on August 12, 2025. No public comments were received.
Council Meeting of: September 17, 2025
Agenda Number: __B-1__
1___
Staff is recommending adopting resolutions for subrecipient agreements to implement the projects outlined in the PY 2025/26 AAP.
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 Consolidated Plan for the Plan Years 2025 through 2029 embodies and reflects six overall goals, which relate to major commitments and priorities of HUD, including:
Low- to moderate-ŝŶĐŽŵĞĐŝƟnjĞŶƐǁŝůůŚĂǀĞĂĐĐĞƐƐƚŽƐĂĨĞ͕ĚĞĐĞŶƚ͕ĂŶĚĂīŽƌĚĂďůĞ housing
/ŵƉƌŽǀĞƚŚĞƋƵĂůŝƚLJĂŶĚĂĐĐĞƐƐƚŽƉƌŽŐƌĂŵƐĂŶĚĨĂĐŝůŝƟĞƐĨŽƌŚĞĂůƚŚĂŶĚƐĂĨĞƚLJ͕ ŝŶĨŽƌŵĂƟŽŶ͕ƚƌĂŶƐƉŽƌƚĂƟŽŶ͕ĂŶĚƌĞĐƌĞĂƟŽŶƐĞƌǀŝĐĞƐ
Enhance the economic well-ďĞŝŶŐŽĨĂůůĐŝƟnjĞŶƐƚŚƌŽƵŐŚĞĚƵĐĂƟŽŶĂŶĚƚƌĂŝŶŝŶŐ͕ ĞŵƉůŽLJŵĞŶƚŽƉƉŽƌƚƵŶŝƟĞƐ͕ĂŶĚďƵƐŝŶĞƐƐĚĞǀĞůŽƉŵĞŶƚ
Enhance the quality and use to the physical infrastructure of Madera Prevent and reduce homelessness
ĚŵŝŶŝƐƚƌĂƟŽŶ
ELIGIBLE USES OF FUNDS
HUD mandates ĂůůŽĐĂƟŶŐ ĨƵŶĚƐ ĂĐƌŽƐƐ ƚŚƌĞĞ ĚŝƐƟŶĐƚ ĐĂƚĞŐŽƌŝĞƐ͕ ĞĂĐŚ ƐƵďũĞĐƚ ƚŽ Ă ƐƉĞĐŝĮĞĚ ŵĂdžŝŵƵŵ ĂŵŽƵŶƚ͕ ĂƐ ƉĂƌƚ ŽĨ ŝƚƐ ĞdžƉĞŶĚŝƚƵƌĞ ƌĞƋƵŝƌĞŵĞŶƚƐ͘ dŚĞ ĨƵŶĚŝŶŐ ĐĂƚĞŐŽƌLJ ĂůůŽĐĂƟŽŶ amounts must be based on the current year’s award. The City is eligible to receive $989,791 for the PY 2025/26.
dŚĞĨƵŶĚŝŶŐĂůůŽĐĂƟŽŶƐĂƌĞƉƌŽǀŝĚĞĚŝŶdĂďůĞ1͘
Table 1: Eligible funding categories and maximum funding Funding Categories Maximum %
per category
Maximum $ per
category1
Administration 20% $197,958
Public Service 15% $148,469
Capital Projects/Public Improvements No max. $643,364
Total 100% $989,791
1All figures rounded to nearest dollar
Summary of Subrecipient Grant Applications and Council Allocations The City released a Request for Funding Proposal (RFP) on November 11, 2024, inviting eligible and interested entities to submit applications for the CDBG 2025/26 funding cycle. Eleven applications were received.
Administration Applications
Table 2 shows Council allocations for Administration. The eligible allocation is $197,958.20.
Table 2: City Council - Administration Allocations
Applicant
BGC
Recommended
ůůŽĐĂƟŽŶƐ
City Council
08/13/25
Allocations
City of Madera – Grants Division Administration
Administration to Oversee CDBG Program $177,958.20 $177,958.20 CAPMC – Fresno Madera Continuum of Care
Point-in-Time Count Administration $20,000 $20,000
Total $197,958.20 $197,958.20
Public Service Applications
The eligible allocation is $148,468.65. Table 3 shows Council allocations for Public Services.
Table 3: City Council - Public Service Allocations
Applicant
BGC
Recommended
ůůŽĐĂƟŽŶƐ
City Council
08/13/25
Allocations
DĂĚĞƌĂŽĂůŝƟŽŶĨŽƌŽŵŵƵŶŝƚLJ:ƵƐƟĐĞ
Madera Microenterprise Education $10,000 $15,000
Pequeños Empresarios
Child Entrepreneurship Education $0 $0
Project Run Madera
Project Run Madera $10,000 $15,000
K͘>͘/͘s͘
͘ŚĂƌŝƚĂďůĞKƌŐĂŶŝnjĂƟŽŶ
The Bennet House $15,000 $15,000
ŽŵŵƵŶŝƚLJĐƟŽŶWĂƌƚŶĞƌƐŚŝƉ
Housing Stabilization $50,000 $45,000
Madera County Workforce
In-Home Child Care $23,446.20 $18,446.20
City Parks Department
Madera Seniors Nutrition & Recreational Program $40,022.45 $40,022.45 Total $148,468.65 $148,468.65
Capital Projects/Public Improvements
There were two applications in the CDBG Capital Projects/Public Improvements category. The total available allocation is $643,364.15. Table 4 showsthe Capital Projects/Public Improvements applicants and the Council funding allocation.
Table 4: City Council - Capital Projects/Public Improvements Allocations Applicant
BGC
Recommended
ůůŽĐĂƟŽŶƐ
City Council
08/13/25
Allocations
City Public Works Department
Sidewalk and ADA Corner Ramp (2025) $230,047 $230,047
City Parks Department
Centennial Park Pool Complex Improvements $413,317.15 $413,317.15 Total $643,364.15 $643,364.15
Unexpended Funds
There was one funded public services project for the PY 2024/25, Pequenos Empresarios, that ƵŶĂďůĞ ƚŽĚĞůŝǀĞƌ ƚŚĞƉƌŽŐƌĂŵŐŽĂůƐĂŶĚŽďũĞĐƟǀĞƐ͘ WĞƋƵĞŶŽƐ ŵƉƌĞƐĂƌŝŽƐǁĂƐ ĨƵŶĚĞĚŝŶ ƚŚĞ
amount of $10,000. Table 5 below has the rĞĂůůŽĐĂƟŽŶ ŽĨ funds and the Council funding ĂůůŽĐĂƟŽŶ͘
Table 5: Program Year 2025/26 Reallocation of Funds
Original Funded Project Amount to
Reallocate ZĞĂůůŽĐĂƟŽŶWƌŽũĞĐƚ
City Council
08/13/2025
ůůŽĐĂƟŽŶ
Pequenos Empresarios,
Program Year 2024 $10,000 City Parks Department - Jim Taubert Park $10,000 Total $10,000
FINANCIAL IMPACT:
Approving these agreements will not impact the General Fund. The City will administer the grant with available PY 2025/26 CDBG administration funds and current City staff. Appropriations for these agreements were included in the Fiscal Year 2025/26 Adopted Budget, which was approved by Council on June 25, 2025.
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- O.L.I.V.E. Charitable Organization Agreement Exhibit A – Scope of Work
Exhibit B – Budget
Exhibit C – CDBG Certifications
6. Resolution
Exhibit 1- Community Action Partnership of Madera County Agreement Exhibit A – Scope of Work
Exhibit B – Budget
Exhibit C – CDBG Certifications
7. Resolution
Exhibit 1- Madera County WorkforceŐƌĞĞŵĞŶƚ
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, Public Works Department Agreement Exhibit A – Scope of Work
Exhibit B – Budget
Exhibit C – CDBG Certifications
10. Resolution
Exhibit 1- City of Madera, Parks Department Agreement
Exhibit A – Scope of Work
Exhibit B – Budget
Exhibit C – CDBG Certifications
11. Resolution
Exhibit 1- City of Madera, Parks Department Agreement
Exhibit A – Scope of Work
Exhibit B – Budget
Exhibit C – CDBG Certifications
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF MADERA, CALIFORNIA, APPROVING A PROGRAM YEAR 2025/26 COMMUNITY
DEVELOPMENT BLOCK GRANT SUBRECIPIENT AGREEMENT FOR SERVICES ($177,958) WITH CITY OF MADERA, DEPARTMENT OF FINANCE
WHEREAS, the City Council has considered approval of the 2025/26 Community Development Block Grant Subrecipient Agreement with the City of Madera Department of Finance in the amount of $177,958 (“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 Finance 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 Program Year 2025/26 Action Plan approval.
4. The Director of Financial Services is hereby authorized to take such action to implement the terms of the Resolution.
5. The City Clerk with concurrence from the City Attorney is authorized to make clerical and non-material corrections to this resolution and the Agreement.
6. This resolution is effective immediately upon adoption. *****
1 COMMUNITY DEVELOPMENT BLOCK GRANT
SUBRECIPIENT AGREEMENT
BETWEEN THE CITY OF MADERA AND THE CITY OF MADERA - FINANCE DEPARTMENT This Community Development Block Grant Subrecipient Agreement (“Agreement”) is entered into, effective on the date of July 1, 2025, 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. 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
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".
džŚŝďŝƚ1
2 The total obligation of the City under this Agreement shall not exceed $177,958.20 in fiscal year 2025-2026. Any compensation not consumed by expenditures of the SUBRECIPIENT by the expiration of this Agreement shall automatically revert to the CITY. b. Public Information
The Subrecipient shall disclose in all public information its funding source. c. Lobbying Activity
The Subrecipient shall not directly or indirectly use any of the funds provided under this Agreement for publicity, lobbying, or propaganda purposes designed to support or defeat legislation pending before the Congress of the United States or the Legislature of the State of California.
d. Political Activity
The Subrecipient shall not directly or indirectly use any of the funds under this Agreement for any political activity or to further the election or defeat of any candidate for public office.
3. Fiscal Compliance
The SUBRECIPIENT shall be subject to the same fiscal regulations imposed on CITY by the U. S. Department of Housing and Urban Development for the use of CDBG funds.
4. Program Income
SUBRECIPIENT shall report quarterly all program income as required under 24 CFR 570.503(b)(3) generated by activities carried out with CDBG funds made available under this Agreement. The use of program income by the SUBRECIPIENT shall comply with the requirements set forth at 24 CFR 570.504. By way of further limitations, the Subrecipient may use such income during the contract period for activities permitted under this Agreement and shall reduce requests for additional funds by the amount of any such program income balance on hand. All unexpended program income shall be returned to City at the end of the contract period. Any interest earned on cash advances from the U.S. Treasury and from funds held in a revolving fund account is not program income and shall be remitted promptly to City.
5. Compliance with Laws
If the SUBRECIPIENT receives CDBG funding under this Agreement, SUBRECIPIENT shall comply with all rules and regulations established pursuant to the Housing and Community Development Act of 1974 and its amendments and Uniform Administrative Requirements under 24 CFR 570.503(b)(4). The Subrecipient and any subcontractors shall comply with all applicable 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.
8. Contract Administration
City shall retain the right to administer this Agreement to verify that Subrecipient is performing its obligations in accordance with the terms and conditions of this Agreement.
Subrecipient and City shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof.
9. Period of Performance (Term of Agreement)
The Subrecipient shall commence performance under this Agreement on July 1, 2025, and shall end its performance June 30, 2026, 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 4 CFR 570.506 that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to:
1. Records providing a full description of each activity undertaken;
2. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program;
3. Records required to determine the eligibility of activities;
4. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance;
5. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program;
6. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21-28; and
7. Other records necessary to document compliance with 24 CFR 570.503(b)(5). b. 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 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. 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 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 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 Subrecipient shall accept all responsibility to return any CDBG funds received from City.
15. Termination
a. This Agreement may be immediately terminated by City for cause where in the determination of City, any of the following conditions exist: (1) an illegal or improper use of funds, (2) failure to comply with any terms of this Agreement, (3) a materially incorrect or incomplete report, (4) an improper performance of services. b. Any one of or combination of the above conditions will constitute grounds for suspension or termination of the Agreement. In no event shall any payment by the City hereunder constitute a waiver by the City of any breach of this Agreement or any default which may then exist on the part of the Subrecipient, nor shall such payment impair or prejudice any remedy available to the City with respect to the breach of default. When there is a breach of this Agreement, as defined by this section, the City may, in its sole discretion, immediately suspend or terminate this Agreement.
c. City shall have the option to terminate this Agreement without obligation of City to reimburse Subrecipient from the date the Federal or State Government withholds or fails to disburse funds to City. In the event such government withholds or fails to disburse funds, City shall give Subrecipient notice of such funding limitation or termination within a reasonable time after City receives notice of same.
d. Upon thirty (30) days written notice to the other party, either party may terminate this Agreement without cause. Notice shall be deemed served upon mailing.
16. Amendments
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 Finance Department - Grants Division 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 8 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.
19. Governing Law
Any controversy or claim arising out of or relating to this Agreement which cannot be amicably settled without court action shall be litigated only in Madera, California. The rights and obligations of the parties and all interpretations and performance of this Agreement shall be governed in all respects by the laws of the State of California.
20. Reversion of Assets
The Subrecipient must obtain prior written approval from the City whenever there is any modification or change in the use of any property acquired or improved, in whole or in part, using CDBG funds. If any real or personal property acquired or improved with CDBG funds is sold and/or is utilized by the Subrecipient for a use which does not qualify under the CDBG program, the Subrecipient shall reimburse the City in an amount equal to the current fair market value of the property, less any portion thereof attributable to expenditures of non-CDBG funds. These requirements shall continue in effect for the life of the property. In the event the CDBG program is closed-out, the requirements of this Section shall remain in effect for activities or property funded with CDBG funds, unless action is taken by the Federal government to relieve the City of these obligations.
21. Breach of Agreement
In the event the SUBRECIPIENT fails to comply with any of the terms of this Agreement, the CITY may, at its option, deem the SUBRECIPIENT’s failure as a material breach of this Agreement and utilize any of the remedies set forth in 24 CFR 85.43 or that it deems appropriate.
Should the CITY deem a breach of this Agreement material, the CITY shall immediately be relieved of its obligations to make further payment as provided herein. In addition to the Agreement being terminated by the CITY in accord with a material breach of this Agreement by the SUBRECIPIENT, this Agreement may also be terminated for convenience by the CITY in accord with 24 CFR 85.44.
22. No Third-Party Beneficiaries
This Agreement is not intended to create and does not create any rights in or benefits to any third party, nor will it be deemed to confer rights or remedies upon any person or legal entity 9 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.
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.
Minimum Scope and Limits of Insurance
Subrecipient shall maintain limits no less than:
$1,000,000 General Liability (including operations, products and completed operations) per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury and property damage, including without limitation, blanket contractual liability. Coverage shall be at least as broad as Insurance Services Office (ISO) Commercial General Liability coverage form CG 00 01 General liability policies shall be endorsed using ISO form CG 20 10 10 that the City and its officers, officials, employees and agents shall be additional insureds under such policies.
Worker’s Compensation as required by the State of California and $1,000,000 Employer’s Liability per accident for bodily injury or disease.
Maintenance of Coverage
Subrecipient shall procure and maintain, for the duration of the contract, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Subrecipient, its agents, representatives, employees, subcontractors or subconsultants as specified in this Agreement.
Proof of Insurance
Subrecipient shall provide to the City certificates of insurance and endorsements, as required, as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by the City prior to commencement of performance. Current evidence of insurance shall be kept on file with the City at all times during the term of this Agreement. Agency reserves the right to require complete, certified copies of all required insurance policies, at any time.
Acceptable Insurers
All insurance policies shall be issued by an insurance company currently authorized by the Insurance commissioner to transact business of insurance in the State of California, with an assigned policyholders’ Rating of A- (or higher) and a Financial Size Category Class VII (or larger), in accordance with the latest edition of Best’s Key Rating Guide.
Enforcement of Contract Provisions (non estoppel)
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 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. 11 Notice of Cancellation
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.
Self-insured Retentions
Any self-insured retentions must be declared to and approved by the City. The City reserves the right to require that self-insured retentions be eliminated, lowered or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by the City’s Risk Manager.
Timely Notice of Claims
Subrecipient shall give the City prompt and timely notice of claims made or suits instituted that arise out of or result from 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. b. Notice.
12 Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid first-class mail:
To the City:
City of Madera – Grants Division
205 W. 4th St.
Madera, CA 93637
To the Subrecipient:
City of Madera – Finance Department
Ϯ0ϱt͘ϰƚŚ^ƚƌĞĞƚ
Madera, CA 93637
at his/her address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. c. Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. d. Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement that are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. e. Execution in Counterparts.
This Agreement may be executed in counterparts such that the signatures may appear on separate signature pages. A copy or an original, with all signatures appended together, shall be deemed a fully executed Agreement.
///
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 & Finance Department:
By: ___________________________________ By: ______________________________ Cecilia Gallegos, Mayor DŝĐŚĂĞů>ŝŵĂ͕ŝƌĞĐƚŽƌŽĨ&ŝŶĂŶĐŝĂů^ĞƌǀŝĐĞƐ Date: __________________________________ Date: ______________________________ ATTEST: APPROVED AS TO LEGAL FORM:
By: ___________________________________ By:_________________________________ Alicia Gonzales, City Clerk Shannon Chaffin, City Attorney Date: __________________________________ Date: _______________________________ Exhibit A
COMMUNITY DEVELOPMENT BLOCK GRANT COMMITTEE
SCOPE OF WORK SUMMARY
PROGRAM YEAR 2025/26
I. PROJECT NAME: City of Madera Administration
II. APPLICANT: City of Madera Finance Department
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. FUNDING PROPOSAL:
A. CDBG Funds Requested: $217,689_
B. Projected Completion Date: June 2026
V. ANNUAL GOALS SUPPORTED:
Access to Affordable Housing
Improve Access to Services
Prevent and Reduce
Homelessness
Administration
VI. PRIORITY NEEDS ADDRESSED:
Housing Needs
Community Services
Economic Development
Public Improvements and Public
Infrastructure
Homeless Needs and Services
VII. GOAL OUTCOME INDICATORS
Goal Outcome Indicator Quantity Unit of Measure
Other N/A Other
VIII. CDBG COMMITMENTS:
For applicants who have received CDBG funding in the last three years and/or have an active award.
CDBG Award
Year
Award
Type
Award Amount Remaining
Balance
Timeliness
Status
2024-2025 Admin $177,899 $140,798 On Track to Meet
2023-2024 Admin $176,346 $34,623 Met
2022-2023 Admin $164,402 $65,648 Met
VIIII. CONFORMANCE WITH FEDERAL FUNDING REQUIREMENTS:
A. The proposed project is eligible for CDBG funding as an Administration Cost project as defined by CFR Section 570.200(3)(i).
B. Cost of administration and planning eligible under § 570.205 and § 570.206 will be assumed to benefit low and moderate income persons in the same proportion as the remainder of the CDBG funds.
X. CONFORMANCE TO CITY PLANS AND POLICIES:
A. City Priority Need Addressed: None
B. Consolidated Plan Conformance: N/A
Exhibit B
CDBG Program Year 2025/26 Contract Source
Program Name:
Agency Name: City of Madera
Agency Site Adress: 205 W 4th Street
Agency City, State, Zip: Madera, CA 93637
Agency Phone number: (559) 661-5453
Director Name: Michael Lima
Director Phone: (559) 661-5453
Project Description:
Measure
of Service Description
Unduplicated
Clients Served
Total
unduplicated
Clients Served
Budget
Budget Line Item Madera Other Funding Program Total
Salaries $ 177,958.20
$ -
Benefits $ -
Taxes $ -
Subtotal Personnel $ 177,958.20
Move-In Assistance
Supplies & Materials
Equipment
Non-Personnel
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.
Goals of Clients to be Served:
Number of Goals:
Goal :
N/A
Personnel:
*If you need more personnel lines, feel free to add them.
Communications
Meetings & Convenings
Travel & Transportation
Training
Consulting
Evaluation
Other
Subtotal Non-Personnel $ -
Total Personnel & Non-Personnel $ 177,958.20
Indirect Costs
TOTAL $ 177,958.20
Number of Persons Served: N/A
Cost per Individual #VALUE!
Application Status Funded
Amount Funded $ 177,958.20
Report submitted by:
Date:
Other Lines needed:
Marcela Zuniga
09/05/2025
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF MADERA, CALIFORNIA, APPROVING A PROGRAM YEAR 2025/26 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 2025/26 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:
1. The recitals listed above are true and correct.
2. The Council approvestheAgreement between the City and the Community Action Partnership of Madera County.
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 Program Year 2025/26 Action Plan approval.
4. The Director of Financial Services is hereby authorized to take such action to implement the terms of the Resolution.
5. The City Clerk with concurrence from the City Attorney is authorized to make clerical and non-material corrections to this resolution and the Agreement.
6. This resolution is effective immediately upon adoption. *****
1 COMMUNITY DEVELOPMENT BLOCK GRANT
SUBRECIPIENT AGREEMENT
BETWEEN THE CITY OF MADERA AND THE COMMUNITY ACTION PARTNERSHIP OF MADERA COUNTY
This Community Development Block Grant Subrecipient Agreement (“Agreement”) is entered into, effective on the date of July 1, 2025, by and between the City of Madera (“City”) and COMMUNITY ACTION PARTNERSHIP OF MADERA COUNTY, hereafter referred to as "SUBRECIPIENT."
RECITALS
A. This Agreement sets forth the responsibilities of City and Subrecipient in accomplishing the objectives of the United States Department of Housing and Urban Development (HUD) Community Development Block Grant as set forth in the Housing and Community Development Act of 1974, (hereinafter referred to as “CDBG”), as amended.
B. The City has been designated as the sponsoring agency to administer and implement the program for the Community Development Block Grant (CDBG) activities of the CITY, and in accordance with the provisions of Title I of the Housing and Community Development Act of 1974, as amended, and the laws of the State of California.
C. Under the CDBG regulations the City may grant the CDBG funds to nonprofit organizations or public agencies for certain purposes.
D. 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
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
džŚŝďŝƚ1
2 EXHIBIT “B".
The total obligation of the City under this Agreement shall not exceed $20,000 in fiscal year 2025- 2026. Any compensation not consumed by expenditures of the SUBRECIPIENT by the expiration of this Agreement shall automatically revert to the CITY. b. Public Information
The Subrecipient shall disclose in all public information its funding source. c. Lobbying Activity
The Subrecipient shall not directly or indirectly use any of the funds provided under this Agreement for publicity, lobbying, or propaganda purposes designed to support or defeat legislation pending before the Congress of the United States or the Legislature of the State of California.
d. Political Activity
The Subrecipient shall not directly or indirectly use any of the funds under this Agreement for any political activity or to further the election or defeat of any candidate for public office.
3. Fiscal Compliance
The SUBRECIPIENT shall be subject to the same fiscal regulations imposed on CITY by the U. S. Department of Housing and Urban Development for the use of CDBG funds.
4. Program Income
SUBRECIPIENT shall report quarterly all program income as required under 24 CFR 570.503(b)(3) generated by activities carried out with CDBG funds made available under this Agreement. The use of program income by the SUBRECIPIENT shall comply with the requirements set forth at 24 CFR 570.504. By way of further limitations, the Subrecipient may use such income during the contract period for activities permitted under this Agreement and shall reduce requests for additional funds by the amount of any such program income balance on hand. All unexpended program income shall be returned to City at the end of the contract period. Any interest earned on cash advances from the U.S. Treasury and from funds held in a revolving fund account is not program income and shall be remitted promptly to City.
5. Compliance with Laws
If the SUBRECIPIENT receives CDBG funding under this Agreement, SUBRECIPIENT shall comply with all rules and regulations established pursuant to the Housing and Community Development Act of 1974 and its amendments and Uniform Administrative Requirements under 3 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.
8. Contract Administration
City shall retain the right to administer this Agreement to verify that Subrecipient is performing its obligations in accordance with the terms and conditions of this Agreement.
Subrecipient and City shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof.
9. Period of Performance (Term of Agreement)
The Subrecipient shall commence performance under this Agreement on July 1, 2025, and shall end its performance June 30, 2026, 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. 4 Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.506 that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to:
1. Records providing a full description of each activity undertaken;
2. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program;
3. Records required to determine the eligibility of activities;
4. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance;
5. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program;
6. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21-28; and
7. Other records necessary to document compliance with 24 CFR 570.503(b)(5). b. 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 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. 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 6 provisions of 24 CFR 570.611 with respect to conflicts of interest and covenants hat it presently has no financial interest, direct or indirect, which would conflict in any manger or degree with the performance of this Agreement. The Subrecipient further covenants that in the performance of this Agreement, no person having such a financial interest shall be employed or retained by Subrecipient.
14. Discrimination
a. Eligibility for Services
The Subrecipient shall prepare and make available to the CITY and to the public all eligibility requirements to participate in the program plan set forth in EXHIBIT "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 7 who is related by blood or marriage or who is a member of the Board of Directors or an officer of the Subrecipient. In the event HUD determines a CDBG-funded Subrecipient’s organization/agency operations violate federal rules and regulations with regard to nepotism and/or conducts business and a conflict of interest issue arises, then Subrecipient shall accept all responsibility to return any CDBG funds received from City.
15. Termination
a. This Agreement may be immediately terminated by City for cause where in the determination of City, any of the following conditions exist: (1) an illegal or improper use of funds, (2) failure to comply with any terms of this Agreement, (3) a materially incorrect or incomplete report, (4) an improper performance of services. b. Any one of or combination of the above conditions will constitute grounds for suspension or termination of the Agreement. In no event shall any payment by the City hereunder constitute a waiver by the City of any breach of this Agreement or any default which may then exist on the part of the Subrecipient, nor shall such payment impair or prejudice any remedy available to the City with respect to the breach of default. When there is a breach of this Agreement, as defined by this section, the City may, in its sole discretion, immediately suspend or terminate this Agreement.
c. City shall have the option to terminate this Agreement without obligation of City to reimburse Subrecipient from the date the Federal or State Government withholds or fails to disburse funds to City. In the event such government withholds or fails to disburse funds, City shall give Subrecipient notice of such funding limitation or termination within a reasonable time after City receives notice of same.
d. Upon thirty (30) days written notice to the other party, either party may terminate this Agreement without cause. Notice shall be deemed served upon mailing.
16. Amendments
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 Finance Department - Grants Division shall administer this Agreement.
18. Evaluation
The City shall monitor and evaluate the performance of the Subrecipient under this 8 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.
19. Governing Law
Any controversy or claim arising out of or relating to this Agreement which cannot be amicably settled without court action shall be litigated only in Madera, California. The rights and obligations of the parties and all interpretations and performance of this Agreement shall be governed in all respects by the laws of the State of California.
20. Reversion of Assets
The Subrecipient must obtain prior written approval from the City whenever there is any modification or change in the use of any property acquired or improved, in whole or in part, using CDBG funds. If any real or personal property acquired or improved with CDBG funds is sold and/or is utilized by the Subrecipient for a use which does not qualify under the CDBG program, the Subrecipient shall reimburse the City in an amount equal to the current fair market value of the property, less any portion thereof attributable to expenditures of non-CDBG funds. These requirements shall continue in effect for the life of the property. In the event the CDBG program is closed-out, the requirements of this Section shall remain in effect for activities or property funded with CDBG funds, unless action is taken by the Federal government to relieve the City of these obligations.
21. Breach of Agreement
In the event the SUBRECIPIENT fails to comply with any of the terms of this Agreement, the CITY may, at its option, deem the SUBRECIPIENT’s failure as a material breach of this Agreement and utilize any of the remedies set forth in 24 CFR 85.43 or that it deems appropriate.
Should the CITY deem a breach of this Agreement material, the CITY shall immediately be relieved of its obligations to make further payment as provided herein. In addition to the Agreement being terminated by the CITY in accord with a material breach of this Agreement by the SUBRECIPIENT, this Agreement may also be terminated for convenience by the CITY in accord with 24 CFR 85.44.
22. No Third-Party Beneficiaries
This Agreement is not intended to create and does not create any rights in or benefits to 9 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.
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.
Minimum Scope and Limits of Insurance
Subrecipient shall maintain limits no less than:
$1,000,000 General Liability (including operations, products and completed operations) per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury and property damage, including without limitation, blanket contractual liability. Coverage shall be at least as broad as Insurance Services Office (ISO) Commercial General Liability coverage form CG 00 01 General liability policies shall be endorsed using ISO form CG 20 10 10 that the City and its officers, officials, employees and agents shall be additional insureds under such policies.
Worker’s Compensation as required by the State of California and $1,000,000 Employer’s Liability per accident for bodily injury or disease.
Maintenance of Coverage
Subrecipient shall procure and maintain, for the duration of the contract, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Subrecipient, its agents, representatives, employees, subcontractors or subconsultants as specified in this Agreement.
Proof of Insurance
Subrecipient shall provide to the City certificates of insurance and endorsements, as required, as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by the City prior to commencement of performance. Current evidence of insurance shall be kept on file with the City at all times during the term of this Agreement. Agency reserves the right to require complete, certified copies of all required insurance policies, at any time.
Acceptable Insurers
All insurance policies shall be issued by an insurance company currently authorized by the Insurance commissioner to transact business of insurance in the State of California, with an assigned policyholders’ Rating of A- (or higher) and a Financial Size Category Class VII (or larger), in accordance with the latest edition of Best’s Key Rating Guide.
Enforcement of Contract Provisions (non estoppel)
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 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. 11 Notice of Cancellation
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.
Self-insured Retentions
Any self-insured retentions must be declared to and approved by the City. The City reserves the right to require that self-insured retentions be eliminated, lowered or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by the City’s Risk Manager.
Timely Notice of Claims
Subrecipient shall give the City prompt and timely notice of claims made or suits instituted that arise out of or result from 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. b. Notice.
12 Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid first-class mail:
To the City:
City of Madera – Grants Division
205 W. 4th St.
Madera, CA 93637
To the Subrecipient:
Community Action Partnership of Madera County
1225 Gill Ave.
Madera, CA 93637
at his/her address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. c. Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. d. Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement that are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. e. Execution in Counterparts.
This Agreement may be executed in counterparts such that the signatures may appear on separate signature pages. A copy or an original, with all signatures appended together, shall be deemed a fully executed Agreement.
///
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: Community Action Partnership of Madera
County:
By: ___________________________________ By: ______________________________ Cecilia Gallegos, 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: _______________________________
COMMUNITY DEVELOPMENT BLOCK GRANT COMMITTEE
SCOPE OF WORK
PROGRAM YEAR 2025-2026
I. PROJECT NAME: Fresno Madera Continuum of Care
II. APPLICANT: Community Action Partnership of Madera County, Inc.
III. PROJECT DESCRIPTION:
As an active member of FMCoC, CAPMC uses Community Development Block Grant (CDBG) funds to maintain its membership and and participation in monthly FMCoC meetings, ensuring regular communication, alignment on goals, and collaborative project development. CAPMC staff actively contributes to discussions, policy planning, and service coordination at the FMCoC board level, enhancing CAPMC’s capacity to advocate for local housing needs and implement best practices in homelessness prevention. The CAPMC and FMCoC partnership represents a shared commitment.
IV. FUNDING PROPOSAL:
A. CDBG Funds Requested: $20,000 __
B. Projected Completion Date: June 2026
V. ANNUAL GOALS SUPPORTED:
Access to Affordable Housing
Improve Access to Services
Prevent and Reduce
Homelessness
Administration
VI. PRIORITY NEEDS ADDRESSED:
Housing Needs
Community Services
Economic Development
Public Improvements and Public
Infrastructure
Homeless Needs and Services
VII. GOAL OUTCOME INDICATORS
Exhibit A
Goal Outcome Indicator Quantity Unit of Measure
Other N/A Other
VIII. CDBG COMMITMENTS:
For applicants who have received CDBG funding in the last three years and/or have an active award.
CDBG Award
Year
Award
Type
Award Amount Remaining
Balance
Timeliness
Status
2024-2025 Admin $20,000 $18,972 On Track to meet
2023-2024 Admin $20,000 0 Met
2022-2023 Admin $20,000 0 Met
VIIII. CONFORMANCE WITH FEDERAL FUNDING REQUIREMENTS:
A. The proposed project is eligible for CDBG funding as an Administration Cost project as defined by CFR Section 570.200(3)(i).
B. Cost of administration and planning eligible under § 570.205 and § 570.206 will be assumed to benefit low and moderate income persons in the same proportion as the remainder of the CDBG funds.
X. CONFORMANCE TO CITY PLANS AND POLICIES:
A. City Priority Need Addressed: None
B. Consolidated Plan Conformance: N/A
Exhibit B
CDBG Program Year 2025/26 Contract Source
Program Name:
Agency Name:
Agency Site Adress:
Agency City, State, Zip:
Agency Phone number:
Director Name:
Director Phone:
Project Description:
Measure
of Service Description
Unduplicated
Clients Served
Total
unduplicated
Clients Served
Budget
Budget Line Item Madera Other Funding Program Total
Salaries and wages $ 12,918.00
$ -
FMCoC
CAPMC
1225 Gill Avenue
Madera CA 93637
(559) 675-5759
Mattie Mendez
(559) 675-5749
As an active member of FMCoC, CAPMC uses
Community Development Block Grant (CDBG) funds
to maintain its membership and participation in
monthly FMCoC meetings, ensuring regular
communication, alignment on goals, and
collaborative project development. CAPMC staff
actively contribute to discussions, policy planning,
and service coordination at the FMCoC board level,
enhancing CAPMC's capacity to advocate for local
housing needs and implement best practices in
homelessness prevention. The CAPMC and FMCoC
partnership represents a shared commitment.
Goals of Clients to be Served:
Number of Goals:
Goal :
0 Personnel:
*If you need more personnel lines, feel free to add them.
Benefits $ 2,225.00
Taxes $ 1,079.00
Subtotal Personnel $ 16,222.00
Project Expenses $ 2,110.00
Supplies & Materials
Equipment
Communications
Meetings & Convenings
Travel & Transportation
Training
Consulting
Evaluation
Other
Subtotal Non-Personnel $ 2,110.00
Total Personnel & Non-Personnel $ 18,332.00
Indirect Costs
TOTAL $ 18,332.00
Number of Persons Served: 0
Cost per Individual #DIV/0!
Application Status Funded
Amount Funded $ 20,000.00
Report submitted by:
Date:
Non-Personnel
Other Lines needed:
Ana Gudino
09/02/2025
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF MADERA, CALIFORNIA, APPROVING A PROGRAM YEAR 2025/26 COMMUNITY
DEVELOPMENT BLOCK GRANT SUBRECIPIENT AGREEMENT FOR SERVICES ($15,000) WITH THE MADERA COALITION FOR COMMUNITY JUSTICE WHEREAS, the City Council has considered approval of the 2025/26 Community Development Block Grant Subrecipient Agreement with the Madera Coalition for Community Justice in the amount of $15,000 (“Agreement”); and
WHEREAS, a copy of the Agreement is attached hereto as Exhibit 1 and incorporated by reference.
NOW, THEREFORE, the City Council of the City of Madera finds, determines, resolves and orders as follows:
1. The recitals listed above are true and correct.
2. The Council approves the Agreement between the City and Madera Coalition for Community Justice.
3. This resolution is effective upon receipt of written confirmation from the U.S.
Department of Housing and Urban Development of the City of Madera Program Year 2025/26 Action Plan approval.
4. The Director of Financial Services is hereby authorized to take such action to implement the terms of the Resolution.
5. The City Clerk with concurrence from the City Attorney is authorized to make clerical and non-material corrections to this resolution and the Agreement.
6. This resolution is effective immediately upon adoption. *****
1 COMMUNITY DEVELOPMENT BLOCK GRANT
SUBRECIPIENT AGREEMENT BETWEEN
THE CITY OF MADERA AND THE MADERA COA>ITION FOR COMMUNITY :USTICE This Community Development Block Grant Subrecipient Agreement (“Agreement”) is entered into, effective on the date of July 1, 2025, by and between the City of Madera (“City”) and MADERA COALITION FOR COMMUNITY JUSTICE, hereafter referred to as "SUBRECIPIENT."
RECITALS
A. This Agreement sets forth the responsibilities of City and Subrecipient in accomplishing the objectives of the United States Department of Housing and Urban Development (HUD) Community Development Block Grant as set forth in the Housing and Community Development Act of 1974, (hereinafter referred to as “CDBG”), as amended.
B. The City has been designated as the sponsoring agency to administer and implement the program for the Community Development Block Grant (CDBG) activities of the CITY, and in accordance with the provisions of Title I of the Housing and Community Development Act of 1974, as amended, and the laws of the State of California.
C. Under the CDBG regulations the City may grant the CDBG funds to nonprofit organizations or public agencies for certain purposes.
D. 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
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".
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2 The total obligation of the City under this Agreement shall not exceed $15,000 in fiscal year 2025- 2026. Any compensation not consumed by expenditures of the SUBRECIPIENT by the expiration of this Agreement shall automatically revert to the CITY. b. Public Information
The Subrecipient shall disclose in all public information its funding source. c. Lobbying Activity
The Subrecipient shall not directly or indirectly use any of the funds provided under this Agreement for publicity, lobbying, or propaganda purposes designed to support or defeat legislation pending before the Congress of the United States or the Legislature of the State of California.
d. Political Activity
The Subrecipient shall not directly or indirectly use any of the funds under this Agreement for any political activity or to further the election or defeat of any candidate for public office.
3. Fiscal Compliance
The SUBRECIPIENT shall be subject to the same fiscal regulations imposed on CITY by the U. S. Department of Housing and Urban Development for the use of CDBG funds.
4. Program Income
SUBRECIPIENT shall report quarterly all program income as required under 24 CFR 570.503(b)(3) generated by activities carried out with CDBG funds made available under this Agreement. The use of program income by the SUBRECIPIENT shall comply with the requirements set forth at 24 CFR 570.504. By way of further limitations, the Subrecipient may use such income during the contract period for activities permitted under this Agreement and shall reduce requests for additional funds by the amount of any such program income balance on hand. All unexpended program income shall be returned to City at the end of the contract period. Any interest earned on cash advances from the U.S. Treasury and from funds held in a revolving fund account is not program income and shall be remitted promptly to City.
5. Compliance with Laws
If the SUBRECIPIENT receives CDBG funding under this Agreement, SUBRECIPIENT shall comply with all rules and regulations established pursuant to the Housing and Community Development Act of 1974 and its amendments and Uniform Administrative Requirements under 24 CFR 570.503(b)(4). The Subrecipient and any subcontractors shall comply with all applicable 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.
8. Contract Administration
City shall retain the right to administer this Agreement to verify that Subrecipient is performing its obligations in accordance with the terms and conditions of this Agreement.
Subrecipient and City shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof.
9. Period of Performance (Term of Agreement)
The Subrecipient shall commence performance under this Agreement on July 1, 2025, and shall end its performance June 30, 2026, 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 4 CFR 570.506 that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to:
1. Records providing a full description of each activity undertaken;
2. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program;
3. Records required to determine the eligibility of activities;
4. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance;
5. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program;
6. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21-28; and
7. Other records necessary to document compliance with 24 CFR 570.503(b)(5). b. 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 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. 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 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 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 Subrecipient shall accept all responsibility to return any CDBG funds received from City.
15. Termination
a. This Agreement may be immediately terminated by City for cause where in the determination of City, any of the following conditions exist: (1) an illegal or improper use of funds, (2) failure to comply with any terms of this Agreement, (3) a materially incorrect or incomplete report, (4) an improper performance of services. b. Any one of or combination of the above conditions will constitute grounds for suspension or termination of the Agreement. In no event shall any payment by the City hereunder constitute a waiver by the City of any breach of this Agreement or any default which may then exist on the part of the Subrecipient, nor shall such payment impair or prejudice any remedy available to the City with respect to the breach of default. When there is a breach of this Agreement, as defined by this section, the City may, in its sole discretion, immediately suspend or terminate this Agreement.
c. City shall have the option to terminate this Agreement without obligation of City to reimburse Subrecipient from the date the Federal or State Government withholds or fails to disburse funds to City. In the event such government withholds or fails to disburse funds, City shall give Subrecipient notice of such funding limitation or termination within a reasonable time after City receives notice of same.
d. Upon thirty (30) days written notice to the other party, either party may terminate this Agreement without cause. Notice shall be deemed served upon mailing.
16. Amendments
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 Finance Department - Grants Division 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 8 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.
19. Governing Law
Any controversy or claim arising out of or relating to this Agreement which cannot be amicably settled without court action shall be litigated only in Madera, California. The rights and obligations of the parties and all interpretations and performance of this Agreement shall be governed in all respects by the laws of the State of California.
20. Reversion of Assets
The Subrecipient must obtain prior written approval from the City whenever there is any modification or change in the use of any property acquired or improved, in whole or in part, using CDBG funds. If any real or personal property acquired or improved with CDBG funds is sold and/or is utilized by the Subrecipient for a use which does not qualify under the CDBG program, the Subrecipient shall reimburse the City in an amount equal to the current fair market value of the property, less any portion thereof attributable to expenditures of non-CDBG funds. These requirements shall continue in effect for the life of the property. In the event the CDBG program is closed-out, the requirements of this Section shall remain in effect for activities or property funded with CDBG funds, unless action is taken by the Federal government to relieve the City of these obligations.
21. Breach of Agreement
In the event the SUBRECIPIENT fails to comply with any of the terms of this Agreement, the CITY may, at its option, deem the SUBRECIPIENT’s failure as a material breach of this Agreement and utilize any of the remedies set forth in 24 CFR 85.43 or that it deems appropriate.
Should the CITY deem a breach of this Agreement material, the CITY shall immediately be relieved of its obligations to make further payment as provided herein. In addition to the Agreement being terminated by the CITY in accord with a material breach of this Agreement by the SUBRECIPIENT, this Agreement may also be terminated for convenience by the CITY in accord with 24 CFR 85.44.
22. No Third-Party Beneficiaries
This Agreement is not intended to create and does not create any rights in or benefits to any third party, nor will it be deemed to confer rights or remedies upon any person or legal entity 9 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.
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.
Minimum Scope and Limits of Insurance
Subrecipient shall maintain limits no less than:
$1,000,000 General Liability (including operations, products and completed operations) per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury and property damage, including without limitation, blanket contractual liability. Coverage shall be at least as broad as Insurance Services Office (ISO) Commercial General Liability coverage form CG 00 01 General liability policies shall be endorsed using ISO form CG 20 10 10 that the City and its officers, officials, employees and agents shall be additional insureds under such policies.
Worker’s Compensation as required by the State of California and $1,000,000 Employer’s Liability per accident for bodily injury or disease.
Maintenance of Coverage
Subrecipient shall procure and maintain, for the duration of the contract, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Subrecipient, its agents, representatives, employees, subcontractors or subconsultants as specified in this Agreement.
Proof of Insurance
Subrecipient shall provide to the City certificates of insurance and endorsements, as required, as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by the City prior to commencement of performance. Current evidence of insurance shall be kept on file with the City at all times during the term of this Agreement. Agency reserves the right to require complete, certified copies of all required insurance policies, at any time.
Acceptable Insurers
All insurance policies shall be issued by an insurance company currently authorized by the Insurance commissioner to transact business of insurance in the State of California, with an assigned policyholders’ Rating of A- (or higher) and a Financial Size Category Class VII (or larger), in accordance with the latest edition of Best’s Key Rating Guide.
Enforcement of Contract Provisions (non estoppel)
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 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. 11 Notice of Cancellation
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.
Self-insured Retentions
Any self-insured retentions must be declared to and approved by the City. The City reserves the right to require that self-insured retentions be eliminated, lowered or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by the City’s Risk Manager.
Timely Notice of Claims
Subrecipient shall give the City prompt and timely notice of claims made or suits instituted that arise out of or result from 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. b. Notice.
12 Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid first-class mail:
To the City:
City of Madera – Grants Division
205 W. 4th St.
Madera, CA 93637
To the Subrecipient:
Madera Coalition for Community
Justice 219 SoutŚ “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.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. d. Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement that are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. e. Execution in Counterparts.
This Agreement may be executed in counterparts such that the signatures may appear on separate signature pages. A copy or an original, with all signatures appended together, shall be deemed a fully executed Agreement.
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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: Madera Coalition for Community Justice:
By: ___________________________________ By: ______________________________ Cecilia Gallegos, Mayor Linette Lomeli, Executive Director Date: __________________________________ Date: ______________________________ ATTEST: APPROVED AS TO LEGAL FORM:
By: ___________________________________ By:_________________________________ Alicia Gonzales, City Clerk Shannon Chaffin, City Attorney Date: __________________________________ Date: _______________________________ Exhibit A
COMMUNITY DEVELOPMENT BLOCK GRANT
SCOPE OF WORK
FOR THE PROGRAM YEAR 2025-2026
I. PROJECT NAME: Madera Microenterprise Education Project (MMEP) II. APPLICANT: Madera Coalition for Community Justice
III. PROJECT DESCRIPTION:
MMEP provides infrastructure promoting small business opportunities by aspiring entrepreneurs. Low-income and immigrant communities constitute a vast store of skills, knowledge, resources, creativity and initiative but lack skills to sustain a small business enterprise -- knowledge of business ownership fundamentals, rules & regulations governing business operations and panoply of rigorous state and local business regulations, licensing/permitting requirements doom many from the start. Even if manage to survive, they are unable to expand beyond family-run operations.
IV. FUNDING PROPOSAL:
A. CDBG Funds Requested: $38,440__
B. Projected Completion Date: June 2026
V. ANNUAL GOALS SUPPORTED:
Access to Affordable Housing
Improve Access to Services
Prevent and Reduce Homelessness
Administration
VI. PRIORITY NEEDS ADDRESSED:
Housing Needs
Community Services
Economic Development
Public Improvements and Public Infrastructure
Homeless Needs and Services
VII. GOAL OUTCOME INDICATORS
Goal Outcome Indicator Quantity Unit of Measure
Public Service activities other than Low/
Moderate Income Housing Benefit
15-25 Persons Assisted
VIII. CDBG COMMITMENTS:
For applicants who have received CDBG funding in the last three years and/or have an active award.
CDBG Award
Year
Award
Type
Award
Amount
Remaining
Balance
Timeliness
Status
2024-2025 Public
Service
$5,000 $5,000 On Track to meet
2022-2023 Public
Service
$26,032 $1.15 Met
VIIII. 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 residents meet the low-and moderate-income threshold for eligibility.
X. CONFORMANCE TO CITY PLANS AND POLICIES:
A. City Priority Need Addressed: Public Services
B. Consolidated Plan Conformance: Conforms
CDBG Program Year 2025/26 Contract Source
Program Name:Madera Mircroenterprise Education
Agency Name:Madera Coalition for Community Justice
Agency Site Adress: 219 S D ST
Agency City, State, Zip:Madera CA 93638
Agency Phone number:(559)661-1879
Director Name: Linette Lomeli
Director Phone:
Project Description:
Measure
of Service Description
Unduplicated
Clients Served
Total
unduplicated
Clients Served
Budget
Budget Line Item Madera Other Funding Program Total
Supervisior 3,000
Coordinator 4,500
Benefits 700
Taxes
Exhibit B
MMEP provides infrastructure promoting
small business opportunities by aspiring
entrepreneurs. Low-income and immigrant
communities constitute a vast store of skills,
knowledge, resources, creativity and initiative
but lack skills to sustain a small business
enterprise -- knowledge of business ownership
fundamentals, rules & regulations governing
business operations and panoply of rigorous
state and local business regulations,
licensing/permitting requirements doom many
from the start. Even if manage to survive, they
are unable to expand beyond family-run
operations.
Goals of Clients to be Served:
Number of Goals:
Goal :
10 Personnel:
*If you need more personnel lines, feel free to add them.
Subtotal Personnel 8,200
Project Expenses 1,000
Supplies & Materials 500
Equipment
Communications
Meetings & Convenings
Travel & Transportation 300
Participants stipends 5000
Consulting
Evaluation
Subtotal Non-Personnel 6,800
Total Personnel & Non-Personnel 15,000
Indirect Costs
TOTAL $ 15,000.00
Number of Persons Served: 10
Cost per Individual $ 1,500.00
Application Status Funded
Amount Funded $15,000.00
Report submitted by:
Date:
Non-Personnel
Other Lines needed:
Linette Lomeli
09/11/2025
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF MADERA, CALIFORNIA, APPROVING A PROGRAM YEAR 2025/26 COMMUNITY
DEVELOPMENT BLOCK GRANT SUBRECIPIENT AGREEMENT FOR SERVICES ($15,000) WITH PROJECT RUN MADERA
WHEREAS, the City Council has considered approval of the 2025/26 Community Development Block Grant Subrecipient Agreement with the Project Run Madera in the amount of $15,000 (“Agreement”); and
WHEREAS, a copy of the Agreement is attached hereto as Exhibit 1 and incorporated by reference.
NOW, THEREFORE, the City Council of the City of Madera finds, determines, resolves and orders as follows:
1. The recitals listed above are true and correct.
2. The Council approvesthe Agreement between the City and Project Run Madera.
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 Program Year 2025/26 Action Plan approval.
4. The Director of Financial Services is hereby authorized to take such action to implement the terms of the Resolution.
5. The City Clerk with concurrence from the City Attorney is authorized to make clerical and non-material corrections to this resolution and the Agreement.
6. This resolution is effective immediately upon adoption. *****
1 COMMUNITY DEVELOPMENT BLOCK GRANT
SUBRECIPIENT AGREEMENT BETWEEN
THE CITY OF MADERA AND PROJECT RUN MADERA
This Community Development Block Grant Subrecipient Agreement (“Agreement”) is entered into, effective on the date of July 1, 2025, by and between the City of Madera (“City”) and PROJECT RUN MADERA, hereafter referred to as "SUBRECIPIENT."
RECITALS
A. This Agreement sets forth the responsibilities of City and Subrecipient in accomplishing the objectives of the United States Department of Housing and Urban Development (HUD) Community Development Block Grant as set forth in the Housing and Community Development Act of 1974, (hereinafter referred to as “CDBG”), as amended.
B. The City has been designated as the sponsoring agency to administer and implement the program for the Community Development Block Grant (CDBG) activities of the CITY, and in accordance with the provisions of Title I of the Housing and Community Development Act of 1974, as amended, and the laws of the State of California.
C. Under the CDBG regulations the City may grant the CDBG funds to nonprofit organizations or public agencies for certain purposes.
D. 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
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".
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2 The total obligation of the City under this Agreement shall not exceed $15,000 in fiscal year 2025- 2026. Any compensation not consumed by expenditures of the SUBRECIPIENT by the expiration of this Agreement shall automatically revert to the CITY. b. Public Information
The Subrecipient shall disclose in all public information its funding source. c. Lobbying Activity
The Subrecipient shall not directly or indirectly use any of the funds provided under this Agreement for publicity, lobbying, or propaganda purposes designed to support or defeat legislation pending before the Congress of the United States or the Legislature of the State of California.
d. Political Activity
The Subrecipient shall not directly or indirectly use any of the funds under this Agreement for any political activity or to further the election or defeat of any candidate for public office.
3. Fiscal Compliance
The SUBRECIPIENT shall be subject to the same fiscal regulations imposed on CITY by the U. S. Department of Housing and Urban Development for the use of CDBG funds.
4. Program Income
SUBRECIPIENT shall report quarterly all program income as required under 24 CFR 570.503(b)(3) generated by activities carried out with CDBG funds made available under this Agreement. The use of program income by the SUBRECIPIENT shall comply with the requirements set forth at 24 CFR 570.504. By way of further limitations, the Subrecipient may use such income during the contract period for activities permitted under this Agreement and shall reduce requests for additional funds by the amount of any such program income balance on hand. All unexpended program income shall be returned to City at the end of the contract period. Any interest earned on cash advances from the U.S. Treasury and from funds held in a revolving fund account is not program income and shall be remitted promptly to City.
5. Compliance with Laws
If the SUBRECIPIENT receives CDBG funding under this Agreement, SUBRECIPIENT shall comply with all rules and regulations established pursuant to the Housing and Community Development Act of 1974 and its amendments and Uniform Administrative Requirements under 24 CFR 570.503(b)(4). The Subrecipient and any subcontractors shall comply with all applicable 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.
8. Contract Administration
City shall retain the right to administer this Agreement to verify that Subrecipient is performing its obligations in accordance with the terms and conditions of this Agreement.
Subrecipient and City shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof.
9. Period of Performance (Term of Agreement)
The Subrecipient shall commence performance under this Agreement on July 1, 2025, and shall end its performance June 30, 2026, 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 4 CFR 570.506 that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to:
1. Records providing a full description of each activity undertaken;
2. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program;
3. Records required to determine the eligibility of activities;
4. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance;
5. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program;
6. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21-28; and
7. Other records necessary to document compliance with 24 CFR 570.503(b)(5). b. 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 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. 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 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 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 Subrecipient shall accept all responsibility to return any CDBG funds received from City.
15. Termination
a. This Agreement may be immediately terminated by City for cause where in the determination of City, any of the following conditions exist: (1) an illegal or improper use of funds, (2) failure to comply with any terms of this Agreement, (3) a materially incorrect or incomplete report, (4) an improper performance of services. b. Any one of or combination of the above conditions will constitute grounds for suspension or termination of the Agreement. In no event shall any payment by the City hereunder constitute a waiver by the City of any breach of this Agreement or any default which may then exist on the part of the Subrecipient, nor shall such payment impair or prejudice any remedy available to the City with respect to the breach of default. When there is a breach of this Agreement, as defined by this section, the City may, in its sole discretion, immediately suspend or terminate this Agreement.
c. City shall have the option to terminate this Agreement without obligation of City to reimburse Subrecipient from the date the Federal or State Government withholds or fails to disburse funds to City. In the event such government withholds or fails to disburse funds, City shall give Subrecipient notice of such funding limitation or termination within a reasonable time after City receives notice of same.
d. Upon thirty (30) days written notice to the other party, either party may terminate this Agreement without cause. Notice shall be deemed served upon mailing.
16. Amendments
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 Finance Department - Grants Division 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 8 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.
19. Governing Law
Any controversy or claim arising out of or relating to this Agreement which cannot be amicably settled without court action shall be litigated only in Madera, California. The rights and obligations of the parties and all interpretations and performance of this Agreement shall be governed in all respects by the laws of the State of California.
20. Reversion of Assets
The Subrecipient must obtain prior written approval from the City whenever there is any modification or change in the use of any property acquired or improved, in whole or in part, using CDBG funds. If any real or personal property acquired or improved with CDBG funds is sold and/or is utilized by the Subrecipient for a use which does not qualify under the CDBG program, the Subrecipient shall reimburse the City in an amount equal to the current fair market value of the property, less any portion thereof attributable to expenditures of non-CDBG funds. These requirements shall continue in effect for the life of the property. In the event the CDBG program is closed-out, the requirements of this Section shall remain in effect for activities or property funded with CDBG funds, unless action is taken by the Federal government to relieve the City of these obligations.
21. Breach of Agreement
In the event the SUBRECIPIENT fails to comply with any of the terms of this Agreement, the CITY may, at its option, deem the SUBRECIPIENT’s failure as a material breach of this Agreement and utilize any of the remedies set forth in 24 CFR 85.43 or that it deems appropriate.
Should the CITY deem a breach of this Agreement material, the CITY shall immediately be relieved of its obligations to make further payment as provided herein. In addition to the Agreement being terminated by the CITY in accord with a material breach of this Agreement by the SUBRECIPIENT, this Agreement may also be terminated for convenience by the CITY in accord with 24 CFR 85.44.
22. No Third-Party Beneficiaries
This Agreement is not intended to create and does not create any rights in or benefits to any third party, nor will it be deemed to confer rights or remedies upon any person or legal entity 9 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.
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.
Minimum Scope and Limits of Insurance
Subrecipient shall maintain limits no less than:
$1,000,000 General Liability (including operations, products and completed operations) per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury and property damage, including without limitation, blanket contractual liability. Coverage shall be at least as broad as Insurance Services Office (ISO) Commercial General Liability coverage form CG 00 01 General liability policies shall be endorsed using ISO form CG 20 10 10 that the City and its officers, officials, employees and agents shall be additional insureds under such policies.
Worker’s Compensation as required by the State of California and $1,000,000 Employer’s Liability per accident for bodily injury or disease.
Maintenance of Coverage
Subrecipient shall procure and maintain, for the duration of the contract, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Subrecipient, its agents, representatives, employees, subcontractors or subconsultants as specified in this Agreement.
Proof of Insurance
Subrecipient shall provide to the City certificates of insurance and endorsements, as required, as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by the City prior to commencement of performance. Current evidence of insurance shall be kept on file with the City at all times during the term of this Agreement. Agency reserves the right to require complete, certified copies of all required insurance policies, at any time.
Acceptable Insurers
All insurance policies shall be issued by an insurance company currently authorized by the Insurance commissioner to transact business of insurance in the State of California, with an assigned policyholders’ Rating of A- (or higher) and a Financial Size Category Class VII (or larger), in accordance with the latest edition of Best’s Key Rating Guide.
Enforcement of Contract Provisions (non estoppel)
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 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. 11 Notice of Cancellation
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.
Self-insured Retentions
Any self-insured retentions must be declared to and approved by the City. The City reserves the right to require that self-insured retentions be eliminated, lowered or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by the City’s Risk Manager.
Timely Notice of Claims
Subrecipient shall give the City prompt and timely notice of claims made or suits instituted that arise out of or result from 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. b. Notice.
12 Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid first-class mail:
To the City:
City of Madera – Grants Division
205 W. 4th St.
Madera, CA 93637
To the Subrecipient:
Project Run Madera
1470 ^ŽƵƚŚ “A”
Street Madera, CA
93638
at his/her address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. c. Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. d. Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement that are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. e. Execution in Counterparts.
This Agreement may be executed in counterparts such that the signatures may appear on separate signature pages. A copy or an original, with all signatures appended together, shall be deemed a fully executed Agreement.
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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: Project Run Madera:
By: ___________________________________ By: ______________________________ Cecilia Gallegos, Mayor Alisha Brown, Executive Director Date: __________________________________ Date: ______________________________ ATTEST: APPROVED AS TO LEGAL FORM:
By: ___________________________________ By:_________________________________ Alicia Gonzales, City Clerk Shannon Chaffin, City Attorney Date: __________________________________ Date: _______________________________ Exhibit A
COMMUNITY DEVELOPMENT BLOCK GRANT
SCOPE OF WORK
FOR THE PROGRAM YEAR 2025-2026
I. PROJECT NAME: Project Run Madera
II. APPLICANT: Project Run Madera
III. PROJECT DESCRIPTION:
Project Run Madera provides running shoes and apparel, including shirts, shorts, sports bras, and socks, to Title I middle and high school track teams and underprivileged youth in Madera at no cost. By fostering equity and access to the sport, we equip youth with essential tools to stay engaged in educational systems, reducing risks of homelessness and securing brighter futures beyond high school.
IV. FUNDING PROPOSAL:
A. CDBG Funds Requested: $27,269__
B. Projected Completion Date: June 2026
V. ANNUAL GOALS SUPPORTED:
Access to Affordable Housing
Improve Access to Services
Prevent and Reduce Homelessness
Administration
VI. PRIORITY NEEDS ADDRESSED:
Housing Needs
Community Services
Economic Development
Public Improvements and Public Infrastructure
Homeless Needs and Services
VII. GOAL OUTCOME INDICATORS
Goal Outcome Indicator Quantity Unit of Measure
Public Service activities other than
Low/Moderate Income Housing Benefit
500 Persons Assisted
VIII. CDBG COMMITMENTS:
For applicants who have received CDBG funding in the last three years and/or have an active award.
CDBG Award
Year
Award
Type
Award
Amount
Remaining
Balance
Timeliness
Status
2024-2025 Public
Service
$10,000 $10,000 On Track to Meet
2022-2023 Public
Service
$5,527 $1.15 Met
VIIII. 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 residents meet the low-and moderate-income threshold for eligibility.
X. CONFORMANCE TO CITY PLANS AND POLICIES:
A. City Priority Need Addressed: Public Services
B. Consolidated Plan Conformance: Conforms
CDBG Program Year 2025/26 Contract Source
Program Name: Project Run Madera
Agency Name: Project Run Madera
Agency Site Adress: 1470 South "A" Street
Agency City, State, Zip: Madera, CA 93638
Agency Phone number: (559) 474-3772
Director Name: Alisha Brown
Director Phone: (559) 474-3772
Project Description:
Measure
of Service Description
Unduplicated
Clients Served
Total
unduplicated
Clients Served
Budget
Budget Line Item Madera Other Funding Program Total
$ -
Benefits $ -
Taxes $ 1,269.00
Subtotal Personnel $ 1,269.00
Move-In Assistance
Exhibit B
Non-Personnel
Project Run Madera provides running
shoes and apparel, including shirts, shorts,
sports bras, and socks, to Title I middle and
high school track teams and underprivileged
youth in Madera at no cost. By fostering equity
and access to the sport, we equip youth with
essential tools to stay engaged in educational
systems, reducing risks of homelessness and
securing brighter futures beyond high school.
Goals of Clients to be Served:
Number of Goals:
Goal :
Personnel:
*If you need more personnel lines, feel free to add them.
Supplies & Materials $ 13,731.00
Equipment
Communications
Meetings & Convenings
Travel & Transportation
Training
Consulting
Evaluation
Other
Subtotal Non-Personnel $ 13,731.00
Total Personnel & Non-Personnel $ 15,000.00
Indirect Costs
TOTAL $ 15,000.00
Number of Persons Served: 500
Cost per Individual $ 30.00
Application Status Funded
Amount Funded $ 15,000.00
Report submitted by:
Date:
Other Lines needed:
Alisha Brown
09/11/2025
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF MADERA, CALIFORNIA, APPROVING A PROGRAM YEAR 2025/26 COMMUNITY
DEVELOPMENT BLOCK GRANT SUBRECIPIENT AGREEMENT FOR SERVICES ($15,000) WITH O.L.I.V.E CHARITABLE ORGANIZATION
WHEREAS, the City Council has considered approval of the 2025/26 Community Development Block Grant Subrecipient Agreement with the O.L.I.V.E Charitable Organization in the amount of $15,000 (“Agreement”); and
WHEREAS, a copy of the Agreement is attached hereto as Exhibit 1 and incorporated by reference.
NOW, THEREFORE, the City Council of the City of Madera finds, determines, resolves and orders as follows:
1. The recitals listed above are true and correct.
2. The Council approves the Agreement between the City and the O.L.I.V.E Charitable Organization.
3. This resolution is effective upon receipt of written confirmation from the U.S.
Department of Housing and Urban Development of the City of Madera Program Year 2025/26 Action Plan approval.
4. The Director of Financial Services is hereby authorized to take such action to implement the terms of the Resolution.
5. The City Clerk with concurrence from the City Attorney is authorized to make clerical and non-material corrections to this resolution and the Agreement.
6. This resolution is effective immediately upon adoption. *****
1 COMMUNITY DEVELOPMENT BLOCK GRANT
SUBRECIPIENT AGREEMENT BETWEEN
THE CITY OF MADERA AND O.L.I.V.E CHARITABLE ORGANIZATION This Community Development Block Grant Subrecipient Agreement (“Agreement”) is entered into, effective on the date of July 1, 2025, by and between the City of Madera (“City”) and O.L.I.V.E. CHARITABLE ORGANIZATION, hereafter referred to as "SUBRECIPIENT."
RECITALS
A. This Agreement sets forth the responsibilities of City and Subrecipient in accomplishing the objectives of the United States Department of Housing and Urban Development (HUD) Community Development Block Grant as set forth in the Housing and Community Development Act of 1974, (hereinafter referred to as “CDBG”), as amended.
B. The City has been designated as the sponsoring agency to administer and implement the program for the Community Development Block Grant (CDBG) activities of the CITY, and in accordance with the provisions of Title I of the Housing and Community Development Act of 1974, as amended, and the laws of the State of California.
C. Under the CDBG regulations the City may grant the CDBG funds to nonprofit organizations or public agencies for certain purposes.
D. 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
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".
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2 The total obligation of the City under this Agreement shall not exceed $15,000 in fiscal year 2025- 2026. Any compensation not consumed by expenditures of the SUBRECIPIENT by the expiration of this Agreement shall automatically revert to the CITY. b. Public Information
The Subrecipient shall disclose in all public information its funding source. c. Lobbying Activity
The Subrecipient shall not directly or indirectly use any of the funds provided under this Agreement for publicity, lobbying, or propaganda purposes designed to support or defeat legislation pending before the Congress of the United States or the Legislature of the State of California.
d. Political Activity
The Subrecipient shall not directly or indirectly use any of the funds under this Agreement for any political activity or to further the election or defeat of any candidate for public office.
3. Fiscal Compliance
The SUBRECIPIENT shall be subject to the same fiscal regulations imposed on CITY by the U. S. Department of Housing and Urban Development for the use of CDBG funds.
4. Program Income
SUBRECIPIENT shall report quarterly all program income as required under 24 CFR 570.503(b)(3) generated by activities carried out with CDBG funds made available under this Agreement. The use of program income by the SUBRECIPIENT shall comply with the requirements set forth at 24 CFR 570.504. By way of further limitations, the Subrecipient may use such income during the contract period for activities permitted under this Agreement and shall reduce requests for additional funds by the amount of any such program income balance on hand. All unexpended program income shall be returned to City at the end of the contract period. Any interest earned on cash advances from the U.S. Treasury and from funds held in a revolving fund account is not program income and shall be remitted promptly to City.
5. Compliance with Laws
If the SUBRECIPIENT receives CDBG funding under this Agreement, SUBRECIPIENT shall comply with all rules and regulations established pursuant to the Housing and Community Development Act of 1974 and its amendments and Uniform Administrative Requirements under 24 CFR 570.503(b)(4). The Subrecipient and any subcontractors shall comply with all applicable 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.
8. Contract Administration
City shall retain the right to administer this Agreement to verify that Subrecipient is performing its obligations in accordance with the terms and conditions of this Agreement.
Subrecipient and City shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof.
9. Period of Performance (Term of Agreement)
The Subrecipient shall commence performance under this Agreement on July 1, 2025, and shall end its performance June 30, 2026, 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 4 CFR 570.506 that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to:
1. Records providing a full description of each activity undertaken;
2. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program;
3. Records required to determine the eligibility of activities;
4. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance;
5. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program;
6. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21-28; and
7. Other records necessary to document compliance with 24 CFR 570.503(b)(5). b. 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 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. 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 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 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 Subrecipient shall accept all responsibility to return any CDBG funds received from City.
15. Termination
a. This Agreement may be immediately terminated by City for cause where in the determination of City, any of the following conditions exist: (1) an illegal or improper use of funds, (2) failure to comply with any terms of this Agreement, (3) a materially incorrect or incomplete report, (4) an improper performance of services. b. Any one of or combination of the above conditions will constitute grounds for suspension or termination of the Agreement. In no event shall any payment by the City hereunder constitute a waiver by the City of any breach of this Agreement or any default which may then exist on the part of the Subrecipient, nor shall such payment impair or prejudice any remedy available to the City with respect to the breach of default. When there is a breach of this Agreement, as defined by this section, the City may, in its sole discretion, immediately suspend or terminate this Agreement.
c. City shall have the option to terminate this Agreement without obligation of City to reimburse Subrecipient from the date the Federal or State Government withholds or fails to disburse funds to City. In the event such government withholds or fails to disburse funds, City shall give Subrecipient notice of such funding limitation or termination within a reasonable time after City receives notice of same.
d. Upon thirty (30) days written notice to the other party, either party may terminate this Agreement without cause. Notice shall be deemed served upon mailing.
16. Amendments
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 Finance Department - Grants Division 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 8 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.
19. Governing Law
Any controversy or claim arising out of or relating to this Agreement which cannot be amicably settled without court action shall be litigated only in Madera, California. The rights and obligations of the parties and all interpretations and performance of this Agreement shall be governed in all respects by the laws of the State of California.
20. Reversion of Assets
The Subrecipient must obtain prior written approval from the City whenever there is any modification or change in the use of any property acquired or improved, in whole or in part, using CDBG funds. If any real or personal property acquired or improved with CDBG funds is sold and/or is utilized by the Subrecipient for a use which does not qualify under the CDBG program, the Subrecipient shall reimburse the City in an amount equal to the current fair market value of the property, less any portion thereof attributable to expenditures of non-CDBG funds. These requirements shall continue in effect for the life of the property. In the event the CDBG program is closed-out, the requirements of this Section shall remain in effect for activities or property funded with CDBG funds, unless action is taken by the Federal government to relieve the City of these obligations.
21. Breach of Agreement
In the event the SUBRECIPIENT fails to comply with any of the terms of this Agreement, the CITY may, at its option, deem the SUBRECIPIENT’s failure as a material breach of this Agreement and utilize any of the remedies set forth in 24 CFR 85.43 or that it deems appropriate.
Should the CITY deem a breach of this Agreement material, the CITY shall immediately be relieved of its obligations to make further payment as provided herein. In addition to the Agreement being terminated by the CITY in accord with a material breach of this Agreement by the SUBRECIPIENT, this Agreement may also be terminated for convenience by the CITY in accord with 24 CFR 85.44.
22. No Third-Party Beneficiaries
This Agreement is not intended to create and does not create any rights in or benefits to any third party, nor will it be deemed to confer rights or remedies upon any person or legal entity 9 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.
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.
Minimum Scope and Limits of Insurance
Subrecipient shall maintain limits no less than:
$1,000,000 General Liability (including operations, products and completed operations) per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury and property damage, including without limitation, blanket contractual liability. Coverage shall be at least as broad as Insurance Services Office (ISO) Commercial General Liability coverage form CG 00 01 General liability policies shall be endorsed using ISO form CG 20 10 10 that the City and its officers, officials, employees and agents shall be additional insureds under such policies.
Worker’s Compensation as required by the State of California and $1,000,000 Employer’s Liability per accident for bodily injury or disease.
Maintenance of Coverage
Subrecipient shall procure and maintain, for the duration of the contract, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Subrecipient, its agents, representatives, employees, subcontractors or subconsultants as specified in this Agreement.
Proof of Insurance
Subrecipient shall provide to the City certificates of insurance and endorsements, as required, as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by the City prior to commencement of performance. Current evidence of insurance shall be kept on file with the City at all times during the term of this Agreement. Agency reserves the right to require complete, certified copies of all required insurance policies, at any time.
Acceptable Insurers
All insurance policies shall be issued by an insurance company currently authorized by the Insurance commissioner to transact business of insurance in the State of California, with an assigned policyholders’ Rating of A- (or higher) and a Financial Size Category Class VII (or larger), in accordance with the latest edition of Best’s Key Rating Guide.
Enforcement of Contract Provisions (non estoppel)
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 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. 11 Notice of Cancellation
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.
Self-insured Retentions
Any self-insured retentions must be declared to and approved by the City. The City reserves the right to require that self-insured retentions be eliminated, lowered or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by the City’s Risk Manager.
Timely Notice of Claims
Subrecipient shall give the City prompt and timely notice of claims made or suits instituted that arise out of or result from 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. b. Notice.
12 Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid first-class mail:
To the City:
City of Madera – Grants Division
205 W. 4th St.
Madera, CA 93637
To the Subrecipient:
O.L.I.V.E Charitable Organization
1625 Howard Rd. #170
Madera, CA 93637
at his/her address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. c. Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. d. Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement that are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. e. Execution in Counterparts.
This Agreement may be executed in counterparts such that the signatures may appear on separate signature pages. A copy or an original, with all signatures appended together, shall be deemed a fully executed Agreement.
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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: O.L.I.V.E Charitable Organization:
By: ___________________________________ By: ______________________________ Cecilia Gallegos, Mayor April Molina, Director
Date: __________________________________ Date: ______________________________ ATTEST: APPROVED AS TO LEGAL FORM:
By: ___________________________________ By:_________________________________ Alicia Gonzales, City Clerk Shannon Chaffin, City Attorney Date: __________________________________ Date: _______________________________ Exhibit A
COMMUNITY DEVELOPMENT BLOCK GRANT
SCOPE OF WORK
FOR THE PROGRAM YEAR 2025-2026
I. PROJECT NAME: The Bennett House
II. APPLICANT: O.L.I.V.E Charitable Organization
III. PROJECT DESCRIPTION:
Olive seeks to assist survivors of human sex trafficking in the City of Madera. Our safe house holds 5 survivors while they recover from the trauma of their experience. Olive's case manager works one on one with each person to bring an individualized recovery plan for each tenant. Our prevention services to the community include, awareness campaigns, buyer outreach and training to service clubs, schools, law enforcement, and social services.
IV. FUNDING PROPOSAL:
A. CDBG Funds Requested: $15,000__
B. Projected Completion Date: June 2026
V. ANNUAL GOALS SUPPORTED:
Access to Affordable Housing
Improve Access to Services
Prevent and Reduce Homelessness
Administration
VI. PRIORITY NEEDS ADDRESSED:
Housing Needs
Community Services
Economic Development
Public Improvements and Public Infrastructure
Homeless Needs and Services
VII. GOAL OUTCOME INDICATORS
Goal Outcome Indicator Quantity Unit of Measure
Overnight/Emergency Shelter/
Transitional Housing Beds Added
24 Beds
VIII. CDBG COMMITMENTS:
For applicants who have received CDBG funding in the last three years and/or have an active award.
CDBG Award
Year
Award
Type
Award
Amount
Remaining
Balance
Timeliness
Status
2024-2025 Public
Service
$65,000 $60,376.11 On Track to Meet
2023-2024 Public
Service
$30,000 $474.53 Met
2022-2023 Public
Service
$21,401.50 $701.94 Met
VIIII. 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.
X. CONFORMANCE TO CITY PLANS AND POLICIES:
A. City Priority Need Addressed: Public Services
B. Consolidated Plan Conformance: Conforms
CDBG Program Year 2025/26 Contract Source
Program Name: Bennet House
Agency Name: OLIVE Charitable Organization
Agency Site Adress:
Agency City, State, Zip: Madera, CA 93637
Agency Phone number: (559) 706-8455
Director Name: April Molina
Director Phone: (559) 706-8455
Project Description:
Measure
of Service Description
Unduplicated
Clients Served
Total
unduplicated
Clients Served
Budget
Budget Line Item Madera Other Funding Program Total
$ -
Benefits $ -
Taxes $ -
Subtotal Personnel $ -
Exhibit B
Non-Personnel
Olive seeks to assist survivors of human sex
trafficking in the City of Madera. Our safe
house holds 5 survivors while they recover from
the trauma of their experience. Olive's case
manager works one on one with each person to
bring an individualized recovery plan for each
tenant. Our prevention services to the
community include, awareness campaigns,
buyer outreach and training to service clubs,
schools, law enforcement, and social services.
Goals of Clients to be Served:
Number of Goals:
Goal :
24 Personnel:
*If you need more personnel lines, feel free to add them.
Move-In Assistance
Supplies & Materials $ 15,000.00
Equipment
Communications
Meetings & Convenings
Travel & Transportation
Training
Consulting
Evaluation
Other
Subtotal Non-Personnel $ 15,000.00
Total Personnel & Non-Personnel $ 15,000.00
Indirect Costs
TOTAL $ 15,000.00
Number of Persons Served: 24
Cost per Individual $ 625.00
Application Status Funded
Amount Funded $ 15,000.00
Report submitted by:
Date:
Other Lines needed:
April Molina
December 9, 2024
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF MADERA, CALIFORNIA, APPROVING A PROGRAM YEAR 2025/26 COMMUNITY
DEVELOPMENT BLOCK GRANT SUBRECIPIENT AGREEMENT FOR SERVICES ($45,000) WITH THE COMMUNITY ACTION PARTNERSHIP OF MADERA COUNTY
WHEREAS, the City Council has considered approval of the 2025/26 Community Development Block Grant Subrecipient Agreement with the Community Action Partnership of Madera County in the amount of $45,000 (“Agreement”); and WHEREAS, a copy of the Agreement is attached hereto as Exhibit 1 and incorporated by reference.
NOW, THEREFORE, the City Council of the City of Madera finds, determines, resolves and orders as follows:
1. The recitals listed above are true and correct.
2. The Council approvestheAgreement between the City and the Community Action Partnership of Madera County.
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 Program Year 2025/26 Action Plan approval.
4. The Director of Financial Services is hereby authorized to take such action to implement the terms of the Resolution.
5. The City Clerk with concurrence from the City Attorney is authorized to make clerical and non-material corrections to this resolution and the Agreement.
6. This resolution is effective immediately upon adoption. *****
1 COMMUNITY DEVELOPMENT BLOCK GRANT
SUBRECIPIENT AGREEMENT BETWEEN
THE CITY OF MADERA AND THE COMMUNITY ACTION PARTNERSHIP OF MADERA COUNTY This Community Development Block Grant Subrecipient Agreement (“Agreement”) is entered into, effective on the date of July 1, 2025, by and between the City of Madera (“City”) and COMMUNITY ACTION PARTNERSHIP OF MADERA COUNTY, hereafter referred to as "SUBRECIPIENT."
RECITALS
A. This Agreement sets forth the responsibilities of City and Subrecipient in accomplishing the objectives of the United States Department of Housing and Urban Development (HUD) Community Development Block Grant as set forth in the Housing and Community Development Act of 1974, (hereinafter referred to as “CDBG”), as amended.
B. The City has been designated as the sponsoring agency to administer and implement the program for the Community Development Block Grant (CDBG) activities of the CITY, and in accordance with the provisions of Title I of the Housing and Community Development Act of 1974, as amended, and the laws of the State of California.
C. Under the CDBG regulations the City may grant the CDBG funds to nonprofit organizations or public agencies for certain purposes.
D. 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
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
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2 EXHIBIT “B".
The total obligation of the City under this Agreement shall not exceed $45,000 in fiscal year 2025- 2026. Any compensation not consumed by expenditures of the SUBRECIPIENT by the expiration of this Agreement shall automatically revert to the CITY. b. Public Information
The Subrecipient shall disclose in all public information its funding source. c. Lobbying Activity
The Subrecipient shall not directly or indirectly use any of the funds provided under this Agreement for publicity, lobbying, or propaganda purposes designed to support or defeat legislation pending before the Congress of the United States or the Legislature of the State of California.
d. Political Activity
The Subrecipient shall not directly or indirectly use any of the funds under this Agreement for any political activity or to further the election or defeat of any candidate for public office.
3. Fiscal Compliance
The SUBRECIPIENT shall be subject to the same fiscal regulations imposed on CITY by the U. S. Department of Housing and Urban Development for the use of CDBG funds.
4. Program Income
SUBRECIPIENT shall report quarterly all program income as required under 24 CFR 570.503(b)(3) generated by activities carried out with CDBG funds made available under this Agreement. The use of program income by the SUBRECIPIENT shall comply with the requirements set forth at 24 CFR 570.504. By way of further limitations, the Subrecipient may use such income during the contract period for activities permitted under this Agreement and shall reduce requests for additional funds by the amount of any such program income balance on hand. All unexpended program income shall be returned to City at the end of the contract period. Any interest earned on cash advances from the U.S. Treasury and from funds held in a revolving fund account is not program income and shall be remitted promptly to City.
5. Compliance with Laws
If the SUBRECIPIENT receives CDBG funding under this Agreement, SUBRECIPIENT shall comply with all rules and regulations established pursuant to the Housing and Community Development Act of 1974 and its amendments and Uniform Administrative Requirements under 3 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.
8. Contract Administration
City shall retain the right to administer this Agreement to verify that Subrecipient is performing its obligations in accordance with the terms and conditions of this Agreement.
Subrecipient and City shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof.
9. Period of Performance (Term of Agreement)
The Subrecipient shall commence performance under this Agreement on July 1, 2025, and shall end its performance June 30, 2026, 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. 4 Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.506 that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to:
1. Records providing a full description of each activity undertaken;
2. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program;
3. Records required to determine the eligibility of activities;
4. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance;
5. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program;
6. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21-28; and
7. Other records necessary to document compliance with 24 CFR 570.503(b)(5). b. 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 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. 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 6 provisions of 24 CFR 570.611 with respect to conflicts of interest and covenants hat it presently has no financial interest, direct or indirect, which would conflict in any manger or degree with the performance of this Agreement. The Subrecipient further covenants that in the performance of this Agreement, no person having such a financial interest shall be employed or retained by Subrecipient.
14. Discrimination
a. Eligibility for Services
The Subrecipient shall prepare and make available to the CITY and to the public all eligibility requirements to participate in the program plan set forth in EXHIBIT "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 7 who is related by blood or marriage or who is a member of the Board of Directors or an officer of the Subrecipient. In the event HUD determines a CDBG-funded Subrecipient’s organization/agency operations violate federal rules and regulations with regard to nepotism and/or conducts business and a conflict of interest issue arises, then Subrecipient shall accept all responsibility to return any CDBG funds received from City.
15. Termination
a. This Agreement may be immediately terminated by City for cause where in the determination of City, any of the following conditions exist: (1) an illegal or improper use of funds, (2) failure to comply with any terms of this Agreement, (3) a materially incorrect or incomplete report, (4) an improper performance of services. b. Any one of or combination of the above conditions will constitute grounds for suspension or termination of the Agreement. In no event shall any payment by the City hereunder constitute a waiver by the City of any breach of this Agreement or any default which may then exist on the part of the Subrecipient, nor shall such payment impair or prejudice any remedy available to the City with respect to the breach of default. When there is a breach of this Agreement, as defined by this section, the City may, in its sole discretion, immediately suspend or terminate this Agreement.
c. City shall have the option to terminate this Agreement without obligation of City to reimburse Subrecipient from the date the Federal or State Government withholds or fails to disburse funds to City. In the event such government withholds or fails to disburse funds, City shall give Subrecipient notice of such funding limitation or termination within a reasonable time after City receives notice of same.
d. Upon thirty (30) days written notice to the other party, either party may terminate this Agreement without cause. Notice shall be deemed served upon mailing.
16. Amendments
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 Finance Department - Grants Division shall administer this Agreement.
18. Evaluation
The City shall monitor and evaluate the performance of the Subrecipient under this 8 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.
19. Governing Law
Any controversy or claim arising out of or relating to this Agreement which cannot be amicably settled without court action shall be litigated only in Madera, California. The rights and obligations of the parties and all interpretations and performance of this Agreement shall be governed in all respects by the laws of the State of California.
20. Reversion of Assets
The Subrecipient must obtain prior written approval from the City whenever there is any modification or change in the use of any property acquired or improved, in whole or in part, using CDBG funds. If any real or personal property acquired or improved with CDBG funds is sold and/or is utilized by the Subrecipient for a use which does not qualify under the CDBG program, the Subrecipient shall reimburse the City in an amount equal to the current fair market value of the property, less any portion thereof attributable to expenditures of non-CDBG funds. These requirements shall continue in effect for the life of the property. In the event the CDBG program is closed-out, the requirements of this Section shall remain in effect for activities or property funded with CDBG funds, unless action is taken by the Federal government to relieve the City of these obligations.
21. Breach of Agreement
In the event the SUBRECIPIENT fails to comply with any of the terms of this Agreement, the CITY may, at its option, deem the SUBRECIPIENT’s failure as a material breach of this Agreement and utilize any of the remedies set forth in 24 CFR 85.43 or that it deems appropriate.
Should the CITY deem a breach of this Agreement material, the CITY shall immediately be relieved of its obligations to make further payment as provided herein. In addition to the Agreement being terminated by the CITY in accord with a material breach of this Agreement by the SUBRECIPIENT, this Agreement may also be terminated for convenience by the CITY in accord with 24 CFR 85.44.
22. No Third-Party Beneficiaries
This Agreement is not intended to create and does not create any rights in or benefits to 9 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.
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.
Minimum Scope and Limits of Insurance
Subrecipient shall maintain limits no less than:
$1,000,000 General Liability (including operations, products and completed operations) per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury and property damage, including without limitation, blanket contractual liability. Coverage shall be at least as broad as Insurance Services Office (ISO) Commercial General Liability coverage form CG 00 01 General liability policies shall be endorsed using ISO form CG 20 10 10 that the City and its officers, officials, employees and agents shall be additional insureds under such policies.
Worker’s Compensation as required by the State of California and $1,000,000 Employer’s Liability per accident for bodily injury or disease.
Maintenance of Coverage
Subrecipient shall procure and maintain, for the duration of the contract, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Subrecipient, its agents, representatives, employees, subcontractors or subconsultants as specified in this Agreement.
Proof of Insurance
Subrecipient shall provide to the City certificates of insurance and endorsements, as required, as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by the City prior to commencement of performance. Current evidence of insurance shall be kept on file with the City at all times during the term of this Agreement. Agency reserves the right to require complete, certified copies of all required insurance policies, at any time.
Acceptable Insurers
All insurance policies shall be issued by an insurance company currently authorized by the Insurance commissioner to transact business of insurance in the State of California, with an assigned policyholders’ Rating of A- (or higher) and a Financial Size Category Class VII (or larger), in accordance with the latest edition of Best’s Key Rating Guide.
Enforcement of Contract Provisions (non estoppel)
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 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. 11 Notice of Cancellation
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.
Self-insured Retentions
Any self-insured retentions must be declared to and approved by the City. The City reserves the right to require that self-insured retentions be eliminated, lowered or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by the City’s Risk Manager.
Timely Notice of Claims
Subrecipient shall give the City prompt and timely notice of claims made or suits instituted that arise out of or result from 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. b. Notice.
12 Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid first-class mail:
To the City:
City of Madera – Grants Division
205 W. 4th St.
Madera, CA 93637
To the Subrecipient:
Community Action Partnership of Madera County
1225 Gill Ave
Madera, CA 93637
at his/her address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. c. Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. d. Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement that are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. e. Execution in Counterparts.
This Agreement may be executed in counterparts such that the signatures may appear on separate signature pages. A copy or an original, with all signatures appended together, shall be deemed a fully executed Agreement.
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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: Community Action Partnership of Madera
County:
By: ___________________________________ By: ______________________________ Cecilia Gallegos, 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: _______________________________ Exhibit A
COMMUNITY DEVELOPMENT BLOCK GRANT
SCOPE OF WORK
FOR THE PROGRAM YEAR 2025-2026
I. PROJECT NAME: Housing Stabilization
II. APPLICANT: Community Action Partnership of Madera County, INC III. PROJECT DESCRIPTION:
Community Action Partnership of Madera County, Inc. seeks funding to support low- to moderate-income households in maintaining stable housing through rental assistance, utility payments, and case management. This project helps prevent homelessness, particularly benefiting at-risk groups such as seniors, persons with disabilities, and homeless individuals. By addressing immediate financial needs and providing supportive services, the program promotes longterm housing stability, contributing to the overall economic health and social wellbeing of the Madera County community.
IV. FUNDING PROPOSAL:
A. CDBG Funds Requested: $55,330 __
B. Projected Completion Date: June 2026
V. ANNUAL GOALS SUPPORTED:
Access to Affordable Housing
Improve Access to Services
Prevent and Reduce Homelessness
Administration
VI. PRIORITY NEEDS ADDRESSED:
Housing Needs
Community Services
Economic Development
Public Improvements and Public Infrastructure
Homeless Needs and Services
VII. GOAL OUTCOME INDICATORS
Goal Outcome Indicator Quantity Unit of Measure
Homeless Prevention 10 Persons Assisted
VIII. CDBG COMMITMENTS:
For applicants who have received CDBG funding in the last three years and/or have an active award.
CDBG Award
Year
Award
Type
Award
Amount
Remaining
Balance
Timeliness
Status
2024-2025
Public
Service $47,259 $44,316 On track to meet
2023-2024
Public
Service $10,000 0 Met
VIIII. 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.
X. CONFORMANCE TO CITY PLANS AND POLICIES:
A. City Priority Need Addressed: Housing Conditions
B. Consolidated Plan Conformance: Conforms
CDBG Program Year 2025/26 Contract Source
Program Name:CDBG Housing Stabilization
Agency Name: Community Action Partnership of Madera County Agency Site Adress: 1225 Gill Ave
Agency City, State, Zip: Madera, CA 93637
Agency Phone number:(559) 675-5749
Director Name: Mattie Mendez
Director Phone:(559) 675-5749
Project Description:
Measure
of Service Description
Unduplicated
Clients Served
Total
unduplicated
Clients Served
Budget
Budget Line Item Madera Other Funding Program Total
Salaries & Wages $1,277.00
Benefits $188.00
Taxes $100.00
Subtotal Personnel 0 0 $1,565.00
Community Action Partnership of Madera County,
Inc. seeks funding to support low to moderate
income households in maintaining stable housing
through rental assistance and utility payments as
well as case management. This project helps prevent
homelessness, particularly benefitting at-risk groups
such as seniors, persons with disabilities, and
homeless individuals. By addressing immediate
financial needs and providing supportive services,
the program promotes long-term housing stability,
contributing to the overall economic health and
social well-being of the Madera County community.
Exhibit B
Goals of Clients to be Served:
Number of Goals:
Goal :
Community Action Partnership of Madera County,
Inc's goals are to provide client rent assistance to 12 individuals/families and direct utility assistance to 17 indivuduals/families. (29 total)
Personnel:
*If you need more personnel lines, feel free to add them.
Move-In Assistance
Supplies & Materials
Equipment
Communications
Meetings & Convenings
Travel & Transportation
Training
Consulting
Evaluation
Direct Benefits-Homless Prevention $39,400.00
Operating Expenses $282.00
Subtotal Non-Personnel 0 0 $1,565.00
Total Personnel & Non-Personnel 0 0 $39,682.00
Indirect Costs $3,753.00
TOTAL $ - $45,000.00
Number of Persons Served:
Cost per Individual #DIV/0!
Application Status Funded
Amount Funded
Report submitted by:
Date:
Non-Personnel
Other Lines needed: 2
Ana Gudino
9/2/2025
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF MADERA, CALIFORNIA, APPROVING A PROGRAM YEAR 2025/26 COMMUNITY
DEVELOPMENT BLOCK GRANT SUBRECIPIENT AGREEMENT FOR SERVICES ($18,446.20) WITH THE MADERA COUNTY WORKFORCE
WHEREAS, the City Council has considered approval of the 2025/26 Community Development Block Grant Subrecipient Agreement with the Madera County Workforce in the amount of $18,446.20 (“Agreement”); and
WHEREAS, a copy of the Agreement is attached hereto as Exhibit 1 and incorporated by reference.
NOW, THEREFORE, the City Council of the City of Madera finds, determines, resolves and orders as follows:
1. The recitals listed above are true and correct.
2. The Council approves the Agreement between the City and Madera County Workforce.
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 Program Year 2025/26 Action Plan approval.
4. The Director of Financial Services is hereby authorized to take such action to implement the terms of the Resolution.
5. The City Clerk with concurrence from the City Attorney is authorized to make clerical and non-material corrections to this resolution and the Agreement.
6. This resolution is effective immediately upon adoption. *****
1 COMMUNITY DEVELOPMENT BLOCK GRANT
SUBRECIPIENT AGREEMENT BETWEEN
THE CITY OF MADERA AND THE MADERA COUNTY WORKFORCE
This Community Development Block Grant Subrecipient Agreement (“Agreement”) is entered into, effective on the date of July 1, 2025, by and between the City of Madera (“City”) and MADERA COUNTY WORKFORCE, hereafter referred to as "SUBRECIPIENT."
RECITALS
A. This Agreement sets forth the responsibilities of City and Subrecipient in accomplishing the objectives of the United States Department of Housing and Urban Development (HUD) Community Development Block Grant as set forth in the Housing and Community Development Act of 1974, (hereinafter referred to as “CDBG”), as amended.
B. The City has been designated as the sponsoring agency to administer and implement the program for the Community Development Block Grant (CDBG) activities of the CITY, and in accordance with the provisions of Title I of the Housing and Community Development Act of 1974, as amended, and the laws of the State of California.
C. Under the CDBG regulations the City may grant the CDBG funds to nonprofit organizations or public agencies for certain purposes.
D. 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
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".
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2 The total obligation of the City under this Agreement shall not exceed $18,446.20 in fiscal year 2025-2026. Any compensation not consumed by expenditures of the SUBRECIPIENT by the expiration of this Agreement shall automatically revert to the CITY. b. Public Information
The Subrecipient shall disclose in all public information its funding source. c. Lobbying Activity
The Subrecipient shall not directly or indirectly use any of the funds provided under this Agreement for publicity, lobbying, or propaganda purposes designed to support or defeat legislation pending before the Congress of the United States or the Legislature of the State of California.
d. Political Activity
The Subrecipient shall not directly or indirectly use any of the funds under this Agreement for any political activity or to further the election or defeat of any candidate for public office.
3. Fiscal Compliance
The SUBRECIPIENT shall be subject to the same fiscal regulations imposed on CITY by the U. S. Department of Housing and Urban Development for the use of CDBG funds.
4. Program Income
SUBRECIPIENT shall report quarterly all program income as required under 24 CFR 570.503(b)(3) generated by activities carried out with CDBG funds made available under this Agreement. The use of program income by the SUBRECIPIENT shall comply with the requirements set forth at 24 CFR 570.504. By way of further limitations, the Subrecipient may use such income during the contract period for activities permitted under this Agreement and shall reduce requests for additional funds by the amount of any such program income balance on hand. All unexpended program income shall be returned to City at the end of the contract period. Any interest earned on cash advances from the U.S. Treasury and from funds held in a revolving fund account is not program income and shall be remitted promptly to City.
5. Compliance with Laws
If the SUBRECIPIENT receives CDBG funding under this Agreement, SUBRECIPIENT shall comply with all rules and regulations established pursuant to the Housing and Community Development Act of 1974 and its amendments and Uniform Administrative Requirements under 24 CFR 570.503(b)(4). The Subrecipient and any subcontractors shall comply with all applicable 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.
8. Contract Administration
City shall retain the right to administer this Agreement to verify that Subrecipient is performing its obligations in accordance with the terms and conditions of this Agreement.
Subrecipient and City shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof.
9. Period of Performance (Term of Agreement)
The Subrecipient shall commence performance under this Agreement on July 1, 2025, and shall end its performance June 30, 2026, 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 4 CFR 570.506 that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to:
1. Records providing a full description of each activity undertaken;
2. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program;
3. Records required to determine the eligibility of activities;
4. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance;
5. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program;
6. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21-28; and
7. Other records necessary to document compliance with 24 CFR 570.503(b)(5). b. 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 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. 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 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 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 Subrecipient shall accept all responsibility to return any CDBG funds received from City.
15. Termination
a. This Agreement may be immediately terminated by City for cause where in the determination of City, any of the following conditions exist: (1) an illegal or improper use of funds, (2) failure to comply with any terms of this Agreement, (3) a materially incorrect or incomplete report, (4) an improper performance of services. b. Any one of or combination of the above conditions will constitute grounds for suspension or termination of the Agreement. In no event shall any payment by the City hereunder constitute a waiver by the City of any breach of this Agreement or any default which may then exist on the part of the Subrecipient, nor shall such payment impair or prejudice any remedy available to the City with respect to the breach of default. When there is a breach of this Agreement, as defined by this section, the City may, in its sole discretion, immediately suspend or terminate this Agreement.
c. City shall have the option to terminate this Agreement without obligation of City to reimburse Subrecipient from the date the Federal or State Government withholds or fails to disburse funds to City. In the event such government withholds or fails to disburse funds, City shall give Subrecipient notice of such funding limitation or termination within a reasonable time after City receives notice of same.
d. Upon thirty (30) days written notice to the other party, either party may terminate this Agreement without cause. Notice shall be deemed served upon mailing.
16. Amendments
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 Finance Department - Grants Division 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 8 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.
19. Governing Law
Any controversy or claim arising out of or relating to this Agreement which cannot be amicably settled without court action shall be litigated only in Madera, California. The rights and obligations of the parties and all interpretations and performance of this Agreement shall be governed in all respects by the laws of the State of California.
20. Reversion of Assets
The Subrecipient must obtain prior written approval from the City whenever there is any modification or change in the use of any property acquired or improved, in whole or in part, using CDBG funds. If any real or personal property acquired or improved with CDBG funds is sold and/or is utilized by the Subrecipient for a use which does not qualify under the CDBG program, the Subrecipient shall reimburse the City in an amount equal to the current fair market value of the property, less any portion thereof attributable to expenditures of non-CDBG funds. These requirements shall continue in effect for the life of the property. In the event the CDBG program is closed-out, the requirements of this Section shall remain in effect for activities or property funded with CDBG funds, unless action is taken by the Federal government to relieve the City of these obligations.
21. Breach of Agreement
In the event the SUBRECIPIENT fails to comply with any of the terms of this Agreement, the CITY may, at its option, deem the SUBRECIPIENT’s failure as a material breach of this Agreement and utilize any of the remedies set forth in 24 CFR 85.43 or that it deems appropriate.
Should the CITY deem a breach of this Agreement material, the CITY shall immediately be relieved of its obligations to make further payment as provided herein. In addition to the Agreement being terminated by the CITY in accord with a material breach of this Agreement by the SUBRECIPIENT, this Agreement may also be terminated for convenience by the CITY in accord with 24 CFR 85.44.
22. No Third-Party Beneficiaries
This Agreement is not intended to create and does not create any rights in or benefits to any third party, nor will it be deemed to confer rights or remedies upon any person or legal entity 9 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.
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.
Minimum Scope and Limits of Insurance
Subrecipient shall maintain limits no less than:
$1,000,000 General Liability (including operations, products and completed operations) per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury and property damage, including without limitation, blanket contractual liability. Coverage shall be at least as broad as Insurance Services Office (ISO) Commercial General Liability coverage form CG 00 01 General liability policies shall be endorsed using ISO form CG 20 10 10 that the City and its officers, officials, employees and agents shall be additional insureds under such policies.
Worker’s Compensation as required by the State of California and $1,000,000 Employer’s Liability per accident for bodily injury or disease.
Maintenance of Coverage
Subrecipient shall procure and maintain, for the duration of the contract, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Subrecipient, its agents, representatives, employees, subcontractors or subconsultants as specified in this Agreement.
Proof of Insurance
Subrecipient shall provide to the City certificates of insurance and endorsements, as required, as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by the City prior to commencement of performance. Current evidence of insurance shall be kept on file with the City at all times during the term of this Agreement. Agency reserves the right to require complete, certified copies of all required insurance policies, at any time.
Acceptable Insurers
All insurance policies shall be issued by an insurance company currently authorized by the Insurance commissioner to transact business of insurance in the State of California, with an assigned policyholders’ Rating of A- (or higher) and a Financial Size Category Class VII (or larger), in accordance with the latest edition of Best’s Key Rating Guide.
Enforcement of Contract Provisions (non estoppel)
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 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. 11 Notice of Cancellation
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.
Self-insured Retentions
Any self-insured retentions must be declared to and approved by the City. The City reserves the right to require that self-insured retentions be eliminated, lowered or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by the City’s Risk Manager.
Timely Notice of Claims
Subrecipient shall give the City prompt and timely notice of claims made or suits instituted that arise out of or result from 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. b. Notice.
12 Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid first-class mail:
To the City:
City of Madera – Grants Division
205 W. 4th St.
Madera, CA 93637
To the Subrecipient:
Madera County Workforce
2037 W Cleveland Ave.
Madera, CA 9363ϳ
at his/her address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. c. Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. d. Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement that are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. e. Execution in Counterparts.
This Agreement may be executed in counterparts such that the signatures may appear on separate signature pages. A copy or an original, with all signatures appended together, shall be deemed a fully executed Agreement.
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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: Madera County Workforce:
By: ___________________________________ By: ______________________________ Cecilia Gallegos, Mayor Maiknue Vang, Executive Director Date: __________________________________ Date: ______________________________ ATTEST: APPROVED AS TO LEGAL FORM:
By: ___________________________________ By:_________________________________ Alicia Gonzales, City Clerk Shannon Chaffin, City Attorney Date: __________________________________ Date: _______________________________ Exhibit A
COMMUNITY DEVELOPMENT BLOCK GRANT
SCOPE OF WORK
FOR THE PROGRAM YEAR 2025-2026
I. PROJECT NAME: In Home Child Care Pilot Program
II. APPLICANT: Madera County Workforce Investment Corporation III. PROJECT DESCRIPTION:
Madera County Workforce Investment Corporation will offer scholarships to support training for home-based childcare entrepreneurs through Nurture, a 501(c)3 and Community Development Financial Institution. Successful completion of this on-line 12-week program will result in a CA State license to become an in-home day care provider with the opportunity to access start-up capitol upon completion. The program will ensure that low-come underserved residents have equitable access to the workforce system.
IV. FUNDING PROPOSAL:
A. CDBG Funds Requested: $86,549__
B. Projected Completion Date: June 2026
V. ANNUAL GOALS SUPPORTED:
Access to Affordable Housing
Improve Access to Services
Prevent and Reduce Homelessness
Administration
VI. PRIORITY NEEDS ADDRESSED:
Housing Needs
Community Services
Economic Development
Public Improvements and Public Infrastructure
Homeless Needs and Services
VII. GOAL OUTCOME INDICATORS
Goal Outcome Indicator Quantity Unit of Measure
Public service activities for
Low/Moderate Income Housing Benefit
10 Households
Assisted
VIII. CDBG COMMITMENTS:
For applicants who have received CDBG funding in the last three years and/or have an active award.
CDBG Award
Year
Award
Type
Award
Amount
Remaining
Balance
Timeliness
Status
N/A N/A N/A N/A N/A
VIIII. 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 residents meet the low-and moderate-income threshold for eligibility.
X. CONFORMANCE TO CITY PLANS AND POLICIES:
A. City Priority Need Addressed: Public Services
B. Consolidated Plan Conformance: Conforms
CDBG Program Year 2025/26 Contract Source
Program Name: In Home Child Care Pilot Program
Agency Name: Madera County Workforce Investment Corporation Agency Site Adress: 2037 West Cleveland Ave
Agency City, State, Zip: Madera, CA 93637
Agency Phone number: 559-662-4500
Director Name: Maiknue Vang
Director Phone: 559-662-4589
Project Description: Entreprenueral In-Home Child Care
Measure
of Service Description
Unduplicated
Clients Served
Total
unduplicated
Clients Served
Budget
Budget Line Item Madera Other Funding Program Total
Case Manager $ 1,502.00 $ - $ 1,502.00
Benefits $ 571.00 $ - $ 571.00
Taxes $ 201.00 $ - $ 201.00
Subtotal Personnel $ 2,274.00 $ - $ 2,274.00
Move-In Assistance $ - $ - $ -
Operating Expenses $ 995.24 $ - $ 995.24
Equipment $ - $ - $ -
Exhibit B
Goals of Clients to be Served:
Personnel:
*If you need more personnel lines, feel free to add them.
Non-Personnel
Goal :
2 Number of Goals:
Communications $ - $ - $ -
Meetings & Convenings $ - $ - $ -
Travel & Transportation $ - $ - $ -
Training $ 10,000.00 $ - $ 10,000.00
Supportive Services $ 3,500.00 $ - $ 3,500.00
Evaluation $ - $ - $ -
$ - $ - $ -
$ - $ - $ -
Subtotal Non-Personnel $ 14,495.24 $ - $ 14,495.24
Total Personnel & Non-Personnel $ 16,769.24 $ - $ 16,769.24 Indirect Costs $ 1,676.96 $ 0.04 $ 1,677.00
TOTAL $ 18,446.20 $ 0.04 $ 18,446.24
Number of Persons Served: 2
Cost per Individual $ 9,223.10
Application Status Funded
Amount Funded $ 18,446.20
Report submitted by:
Date:
Maiknue Vang, Executive Director
9/8/2025
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF MADERA, CALIFORNIA, APPROVING A PROGRAM YEAR 2025/26 COMMUNITY
DEVELOPMENT BLOCK GRANT SUBRECIPIENT AGREEMENT FOR SERVICES ($40,022.45) WITH CITY OF MADERA, PARKS DEPARTMENT
WHEREAS, the City Council has considered approval of the 2025/26 Community Development Block Grant Subrecipient Agreement with the City of Madera Parks Department in the amount of $40,022.45 (“Agreement”); and
WHEREAS, a copy of the Agreement is attached hereto as Exhibit 1 and incorporated by reference.
NOW, THEREFORE, the City Council of the City of Madera finds, determines, resolves and orders as follows:
1. The recitals listed above are true and correct.
2. The Council approves the Agreement between the City and the City of Madera Parks 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 Program Year 2025/26 Action Plan approval.
4. The Director of Financial Services is hereby authorized to take such action to implement the terms of the Resolution.
5. The City Clerk with concurrence from the City Attorney is authorized to make clerical and non-material corrections to this resolution and the Agreement.
6. This resolution is effective immediately upon adoption. *****
1 COMMUNITY DEVELOPMENT BLOCK GRANT
SUBRECIPIENT AGREEMENT
BETWEEN THE CITY OF MADERA AND THE CITY OF MADERA - PAR<S DEPARTMENT This Community Development Block Grant Subrecipient Agreement (“Agreement”) is entered into, effective on the date of July 1, 2025, by and between the City of Madera (“City”) and CITY OF MADERA PARKS 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. 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
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".
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2 The total obligation of the City under this Agreement shall not exceed $40,022.45 in fiscal year 2025-2026. Any compensation not consumed by expenditures of the SUBRECIPIENT by the expiration of this Agreement shall automatically revert to the CITY. b. Public Information
The Subrecipient shall disclose in all public information its funding source. c. Lobbying Activity
The Subrecipient shall not directly or indirectly use any of the funds provided under this Agreement for publicity, lobbying, or propaganda purposes designed to support or defeat legislation pending before the Congress of the United States or the Legislature of the State of California.
d. Political Activity
The Subrecipient shall not directly or indirectly use any of the funds under this Agreement for any political activity or to further the election or defeat of any candidate for public office.
3. Fiscal Compliance
The SUBRECIPIENT shall be subject to the same fiscal regulations imposed on CITY by the U. S. Department of Housing and Urban Development for the use of CDBG funds.
4. Program Income
SUBRECIPIENT shall report quarterly all program income as required under 24 CFR 570.503(b)(3) generated by activities carried out with CDBG funds made available under this Agreement. The use of program income by the SUBRECIPIENT shall comply with the requirements set forth at 24 CFR 570.504. By way of further limitations, the Subrecipient may use such income during the contract period for activities permitted under this Agreement and shall reduce requests for additional funds by the amount of any such program income balance on hand. All unexpended program income shall be returned to City at the end of the contract period. Any interest earned on cash advances from the U.S. Treasury and from funds held in a revolving fund account is not program income and shall be remitted promptly to City.
5. Compliance with Laws
If the SUBRECIPIENT receives CDBG funding under this Agreement, SUBRECIPIENT shall comply with all rules and regulations established pursuant to the Housing and Community Development Act of 1974 and its amendments and Uniform Administrative Requirements under 24 CFR 570.503(b)(4). The Subrecipient and any subcontractors shall comply with all applicable 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.
8. Contract Administration
City shall retain the right to administer this Agreement to verify that Subrecipient is performing its obligations in accordance with the terms and conditions of this Agreement.
Subrecipient and City shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof.
9. Period of Performance (Term of Agreement)
The Subrecipient shall commence performance under this Agreement on July 1, 2025, and shall end its performance June 30, 2026, 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 4 CFR 570.506 that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to:
1. Records providing a full description of each activity undertaken;
2. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program;
3. Records required to determine the eligibility of activities;
4. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance;
5. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program;
6. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21-28; and
7. Other records necessary to document compliance with 24 CFR 570.503(b)(5). b. 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 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. 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 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 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 Subrecipient shall accept all responsibility to return any CDBG funds received from City.
15. Termination
a. This Agreement may be immediately terminated by City for cause where in the determination of City, any of the following conditions exist: (1) an illegal or improper use of funds, (2) failure to comply with any terms of this Agreement, (3) a materially incorrect or incomplete report, (4) an improper performance of services. b. Any one of or combination of the above conditions will constitute grounds for suspension or termination of the Agreement. In no event shall any payment by the City hereunder constitute a waiver by the City of any breach of this Agreement or any default which may then exist on the part of the Subrecipient, nor shall such payment impair or prejudice any remedy available to the City with respect to the breach of default. When there is a breach of this Agreement, as defined by this section, the City may, in its sole discretion, immediately suspend or terminate this Agreement.
c. City shall have the option to terminate this Agreement without obligation of City to reimburse Subrecipient from the date the Federal or State Government withholds or fails to disburse funds to City. In the event such government withholds or fails to disburse funds, City shall give Subrecipient notice of such funding limitation or termination within a reasonable time after City receives notice of same.
d. Upon thirty (30) days written notice to the other party, either party may terminate this Agreement without cause. Notice shall be deemed served upon mailing.
16. Amendments
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 Finance Department - Grants Division 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 8 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.
19. Governing Law
Any controversy or claim arising out of or relating to this Agreement which cannot be amicably settled without court action shall be litigated only in Madera, California. The rights and obligations of the parties and all interpretations and performance of this Agreement shall be governed in all respects by the laws of the State of California.
20. Reversion of Assets
The Subrecipient must obtain prior written approval from the City whenever there is any modification or change in the use of any property acquired or improved, in whole or in part, using CDBG funds. If any real or personal property acquired or improved with CDBG funds is sold and/or is utilized by the Subrecipient for a use which does not qualify under the CDBG program, the Subrecipient shall reimburse the City in an amount equal to the current fair market value of the property, less any portion thereof attributable to expenditures of non-CDBG funds. These requirements shall continue in effect for the life of the property. In the event the CDBG program is closed-out, the requirements of this Section shall remain in effect for activities or property funded with CDBG funds, unless action is taken by the Federal government to relieve the City of these obligations.
21. Breach of Agreement
In the event the SUBRECIPIENT fails to comply with any of the terms of this Agreement, the CITY may, at its option, deem the SUBRECIPIENT’s failure as a material breach of this Agreement and utilize any of the remedies set forth in 24 CFR 85.43 or that it deems appropriate.
Should the CITY deem a breach of this Agreement material, the CITY shall immediately be relieved of its obligations to make further payment as provided herein. In addition to the Agreement being terminated by the CITY in accord with a material breach of this Agreement by the SUBRECIPIENT, this Agreement may also be terminated for convenience by the CITY in accord with 24 CFR 85.44.
22. No Third-Party Beneficiaries
This Agreement is not intended to create and does not create any rights in or benefits to any third party, nor will it be deemed to confer rights or remedies upon any person or legal entity 9 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.
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.
Minimum Scope and Limits of Insurance
Subrecipient shall maintain limits no less than:
$1,000,000 General Liability (including operations, products and completed operations) per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury and property damage, including without limitation, blanket contractual liability. Coverage shall be at least as broad as Insurance Services Office (ISO) Commercial General Liability coverage form CG 00 01 General liability policies shall be endorsed using ISO form CG 20 10 10 that the City and its officers, officials, employees and agents shall be additional insureds under such policies.
Worker’s Compensation as required by the State of California and $1,000,000 Employer’s Liability per accident for bodily injury or disease.
Maintenance of Coverage
Subrecipient shall procure and maintain, for the duration of the contract, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Subrecipient, its agents, representatives, employees, subcontractors or subconsultants as specified in this Agreement.
Proof of Insurance
Subrecipient shall provide to the City certificates of insurance and endorsements, as required, as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by the City prior to commencement of performance. Current evidence of insurance shall be kept on file with the City at all times during the term of this Agreement. Agency reserves the right to require complete, certified copies of all required insurance policies, at any time.
Acceptable Insurers
All insurance policies shall be issued by an insurance company currently authorized by the Insurance commissioner to transact business of insurance in the State of California, with an assigned policyholders’ Rating of A- (or higher) and a Financial Size Category Class VII (or larger), in accordance with the latest edition of Best’s Key Rating Guide.
Enforcement of Contract Provisions (non estoppel)
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 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. 11 Notice of Cancellation
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.
Self-insured Retentions
Any self-insured retentions must be declared to and approved by the City. The City reserves the right to require that self-insured retentions be eliminated, lowered or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by the City’s Risk Manager.
Timely Notice of Claims
Subrecipient shall give the City prompt and timely notice of claims made or suits instituted that arise out of or result from 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. b. Notice.
12 Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid first-class mail:
To the City:
City of Madera – Grants Division
205 W. 4th St.
Madera, CA 93637
To the Subrecipient:
City of Madera - Parks Department
701 E. 5th Street
Madera, CA 93638
at his/her address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. c. Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. d. Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement that are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. e. Execution in Counterparts.
This Agreement may be executed in counterparts such that the signatures may appear on separate signature pages. A copy or an original, with all signatures appended together, shall be deemed a fully executed Agreement.
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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 & Parks Department:
By: ___________________________________ By: ______________________________ Cecilia Gallegos, Mayor Joseph Hebert, Parks Director
Date: __________________________________ Date: ______________________________ ATTEST: APPROVED AS TO LEGAL FORM:
By: ___________________________________ By:_________________________________ Alicia Gonzales, City Clerk Shannon Chaffin, City Attorney Date: __________________________________ Date: _______________________________ Exhibit A
COMMUNITY DEVELOPMENT BLOCK GRANT
SCOPE OF WORK
FOR THE PROGRAM YEAR 2025-2026
I. PROJECT NAME: Madera Seniors Nutrition & Recreation Programs II. APPLICANT: Madera Parks & Community Services Dept.
III. PROJECT DESCRIPTION:
For over 40 years, the City of Madera Parks & Community Services Department has been dedicated to enhancing the quality of life for Madera senior citizens aged 60+. The department offers a variety of services and programs to the diverse needs of the senior community. Key facilities such as the Frank Bergon Senior Center and the Pan-American Community Center serve as central hubs.
IV. FUNDING PROPOSAL:
A. CDBG Funds Requested: $65,000 __
B. Projected Completion Date: June 2026
V. ANNUAL GOALS SUPPORTED:
Access to Affordable Housing
Improve Access to Services
Prevent and Reduce Homelessness
Administration
VI. PRIORITY NEEDS ADDRESSED:
Housing Needs
Community Services
Economic Development
Public Improvements and Public Infrastructure
Homeless Needs and Services
VII. GOAL OUTCOME INDICATORS
Goal Outcome Indicator Quantity Unit of Measure
Public Service other than Low/Moderate
Income Housing Benefit
1200 Persons Assisted
VIII. CDBG COMMITMENTS:
For applicants who have received CDBG funding in the last three years and/or have an active award.
CDBG Award
Year
Award
Type
Award
Amount
Remaining
Balance
Timeliness
Status
2024-2025 Public
Service
$65,000 $60,376.11 On Track to Meet
2023-2024 Public
Service
$30,000 $5.25 Met
2022-2023 Public
Service
$21,401.50 $0 Met
VIIII. 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 elderly persons.
X. CONFORMANCE TO CITY PLANS AND POLICIES:
A. City Priority Need Addressed: Public Services
B. Consolidated Plan Conformance: Conforms
CDBG Program Year 2025/26 Contract Source
Program Name: Madera Parks & Community Services Dept. Aging Svs.
Agency Name: City of Madera - PCS Dept.
Agency Site Address: 701 E. 5th Street
Agency City, State, Zip: Madera, CA 93638
Agency Phone number: (559) 661-5495
Director Name: Joseph Hebert
Director Phone: (559) 661-5495
Project Description:
Measure
of Service Description
Unduplicated
Clients Served
Total
unduplicated
Clients Served
Budget
Budget Line Item Madera Other Funding Program Total
Benefits
Taxes
Subtotal Personnel 0
Move-In Assistance
Personnel:
*If you need more personnel lines, feel free to add them.
Non-Personnel
Exhibit B
For over 40 years, the City of Madera Parks &
Community Services Department has been
dedicated to enhancing the quality of life for Madera
senior citizens aged 60+. The department offers a
variety of services and programs to the diverse needs
of the senior community. Key facilities such as the
Frank Bergon Senior Center and the Pan-American
Community Center serve as central hubs.
Goals of Clients to be Served:
Number of Goals:
Goal :
300
Supplies & Materials 5000
Senior Nutrition/Meals 33022.45
Communications
Meetings & Convenings
Travel & Transportation 2000
Training
Consulting
Evaluation
Subtotal Non-Personnel 40022.45
Total Personnel & Non-Personnel 40022.45
Indirect Costs
TOTAL $ 40,022.45
Number of Persons Served: 300
Cost per Individual $ 133.41
Application Status Funded
Amount Funded 40,022.45
Report submitted by:
Date:
Other Lines needed:
Olga Olivia Garcia
09/03/2025
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF MADERA, CALIFORNIA, APPROVING A PROGRAM YEAR 2025/26 COMMUNITY
DEVELOPMENT BLOCK GRANT SUBRECIPIENT AGREEMENT FOR SERVICES ($ϮϯϬ͕Ϭϰϳ͘ϬϬ) WITH CITY OF MADERA, PUBLIC WORKS DEPARTMENT WHEREAS, the City Council has considered approval of the 2025/26 Community Development Block Grant Subrecipient Agreement with the City of Madera Department of WƵďůŝĐtŽƌŬƐ in the amount of $2ϯ0͕0ϰϳ͘00 (“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 Public Works 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 Program Year 2025/26 Action Plan approval.
4. The Director of Financial Services is hereby authorized to take such action to implement the terms of the Resolution.
5. The City Clerk with concurrence from the City Attorney is authorized to make clerical and non-material corrections to this resolution and the Agreement.
6. This resolution is effective immediately upon adoption. *****
1 COMMUNITY DEVELOPMENT BLOCK GRANT
SUBRECIPIENT AGREEMENT
BETWEEN THE CITY OF MADERA AND THE CITY OF MADERA - PU>IC tOR<S DEPARTMENT This Community Development Block Grant Subrecipient Agreement (“Agreement”) is entered into, effective on the date of July 1, 2025, by and between the City of Madera (“City”) and CITY OF MADERA PUBLIC WORKS 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. 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
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".
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2 The total obligation of the City under this Agreement shall not exceed $2ϯ0͕0ϰϳ͘00 in fiscal year 2025-2026. Any compensation not consumed by expenditures of the SUBRECIPIENT by the expiration of this Agreement shall automatically revert to the CITY. b. Public Information
The Subrecipient shall disclose in all public information its funding source. c. Lobbying Activity
The Subrecipient shall not directly or indirectly use any of the funds provided under this Agreement for publicity, lobbying, or propaganda purposes designed to support or defeat legislation pending before the Congress of the United States or the Legislature of the State of California.
d. Political Activity
The Subrecipient shall not directly or indirectly use any of the funds under this Agreement for any political activity or to further the election or defeat of any candidate for public office.
3. Fiscal Compliance
The SUBRECIPIENT shall be subject to the same fiscal regulations imposed on CITY by the U. S. Department of Housing and Urban Development for the use of CDBG funds.
4. Program Income
SUBRECIPIENT shall report quarterly all program income as required under 24 CFR 570.503(b)(3) generated by activities carried out with CDBG funds made available under this Agreement. The use of program income by the SUBRECIPIENT shall comply with the requirements set forth at 24 CFR 570.504. By way of further limitations, the Subrecipient may use such income during the contract period for activities permitted under this Agreement and shall reduce requests for additional funds by the amount of any such program income balance on hand. All unexpended program income shall be returned to City at the end of the contract period. Any interest earned on cash advances from the U.S. Treasury and from funds held in a revolving fund account is not program income and shall be remitted promptly to City.
5. Compliance with Laws
If the SUBRECIPIENT receives CDBG funding under this Agreement, SUBRECIPIENT shall comply with all rules and regulations established pursuant to the Housing and Community Development Act of 1974 and its amendments and Uniform Administrative Requirements under 24 CFR 570.503(b)(4). The Subrecipient and any subcontractors shall comply with all applicable 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.
8. Contract Administration
City shall retain the right to administer this Agreement to verify that Subrecipient is performing its obligations in accordance with the terms and conditions of this Agreement.
Subrecipient and City shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof.
9. Period of Performance (Term of Agreement)
The Subrecipient shall commence performance under this Agreement on July 1, 2025, and shall end its performance June 30, 2026, 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 4 CFR 570.506 that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to:
1. Records providing a full description of each activity undertaken;
2. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program;
3. Records required to determine the eligibility of activities;
4. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance;
5. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program;
6. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21-28; and
7. Other records necessary to document compliance with 24 CFR 570.503(b)(5). b. 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 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. 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 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 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 Subrecipient shall accept all responsibility to return any CDBG funds received from City.
15. Termination
a. This Agreement may be immediately terminated by City for cause where in the determination of City, any of the following conditions exist: (1) an illegal or improper use of funds, (2) failure to comply with any terms of this Agreement, (3) a materially incorrect or incomplete report, (4) an improper performance of services. b. Any one of or combination of the above conditions will constitute grounds for suspension or termination of the Agreement. In no event shall any payment by the City hereunder constitute a waiver by the City of any breach of this Agreement or any default which may then exist on the part of the Subrecipient, nor shall such payment impair or prejudice any remedy available to the City with respect to the breach of default. When there is a breach of this Agreement, as defined by this section, the City may, in its sole discretion, immediately suspend or terminate this Agreement.
c. City shall have the option to terminate this Agreement without obligation of City to reimburse Subrecipient from the date the Federal or State Government withholds or fails to disburse funds to City. In the event such government withholds or fails to disburse funds, City shall give Subrecipient notice of such funding limitation or termination within a reasonable time after City receives notice of same.
d. Upon thirty (30) days written notice to the other party, either party may terminate this Agreement without cause. Notice shall be deemed served upon mailing.
16. Amendments
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 Finance Department - Grants Division 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 8 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.
19. Governing Law
Any controversy or claim arising out of or relating to this Agreement which cannot be amicably settled without court action shall be litigated only in Madera, California. The rights and obligations of the parties and all interpretations and performance of this Agreement shall be governed in all respects by the laws of the State of California.
20. Reversion of Assets
The Subrecipient must obtain prior written approval from the City whenever there is any modification or change in the use of any property acquired or improved, in whole or in part, using CDBG funds. If any real or personal property acquired or improved with CDBG funds is sold and/or is utilized by the Subrecipient for a use which does not qualify under the CDBG program, the Subrecipient shall reimburse the City in an amount equal to the current fair market value of the property, less any portion thereof attributable to expenditures of non-CDBG funds. These requirements shall continue in effect for the life of the property. In the event the CDBG program is closed-out, the requirements of this Section shall remain in effect for activities or property funded with CDBG funds, unless action is taken by the Federal government to relieve the City of these obligations.
21. Breach of Agreement
In the event the SUBRECIPIENT fails to comply with any of the terms of this Agreement, the CITY may, at its option, deem the SUBRECIPIENT’s failure as a material breach of this Agreement and utilize any of the remedies set forth in 24 CFR 85.43 or that it deems appropriate.
Should the CITY deem a breach of this Agreement material, the CITY shall immediately be relieved of its obligations to make further payment as provided herein. In addition to the Agreement being terminated by the CITY in accord with a material breach of this Agreement by the SUBRECIPIENT, this Agreement may also be terminated for convenience by the CITY in accord with 24 CFR 85.44.
22. No Third-Party Beneficiaries
This Agreement is not intended to create and does not create any rights in or benefits to any third party, nor will it be deemed to confer rights or remedies upon any person or legal entity 9 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.
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.
Minimum Scope and Limits of Insurance
Subrecipient shall maintain limits no less than:
$1,000,000 General Liability (including operations, products and completed operations) per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury and property damage, including without limitation, blanket contractual liability. Coverage shall be at least as broad as Insurance Services Office (ISO) Commercial General Liability coverage form CG 00 01 General liability policies shall be endorsed using ISO form CG 20 10 10 that the City and its officers, officials, employees and agents shall be additional insureds under such policies.
Worker’s Compensation as required by the State of California and $1,000,000 Employer’s Liability per accident for bodily injury or disease.
Maintenance of Coverage
Subrecipient shall procure and maintain, for the duration of the contract, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Subrecipient, its agents, representatives, employees, subcontractors or subconsultants as specified in this Agreement.
Proof of Insurance
Subrecipient shall provide to the City certificates of insurance and endorsements, as required, as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by the City prior to commencement of performance. Current evidence of insurance shall be kept on file with the City at all times during the term of this Agreement. Agency reserves the right to require complete, certified copies of all required insurance policies, at any time.
Acceptable Insurers
All insurance policies shall be issued by an insurance company currently authorized by the Insurance commissioner to transact business of insurance in the State of California, with an assigned policyholders’ Rating of A- (or higher) and a Financial Size Category Class VII (or larger), in accordance with the latest edition of Best’s Key Rating Guide.
Enforcement of Contract Provisions (non estoppel)
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 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. 11 Notice of Cancellation
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.
Self-insured Retentions
Any self-insured retentions must be declared to and approved by the City. The City reserves the right to require that self-insured retentions be eliminated, lowered or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by the City’s Risk Manager.
Timely Notice of Claims
Subrecipient shall give the City prompt and timely notice of claims made or suits instituted that arise out of or result from 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. b. Notice.
12 Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid first-class mail:
To the City:
City of Madera – Grants Division
205 W. 4th St.
Madera, CA 93637
To the Subrecipient:
City of Madera - Public Works
Department 10ϯ0^͘'ĂƚĞǁĂLJƌŝǀĞ
Madera, CA 9363ϴ
at his/her address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. c. Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. d. Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement that are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. e. Execution in Counterparts.
This Agreement may be executed in counterparts such that the signatures may appear on separate signature pages. A copy or an original, with all signatures appended together, shall be deemed a fully executed Agreement.
///
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 & Public Works Department:
By: ___________________________________ By: ______________________________ Cecilia Gallegos, Mayor Arnoldo Rodriguez, City Manager Date: __________________________________ Date: ______________________________ ATTEST: APPROVED AS TO LEGAL FORM:
By: ___________________________________ By:_________________________________ Alicia Gonzales, City Clerk Shannon Chaffin, City Attorney Date: __________________________________ Date: _______________________________
COMMUNITY DEVELOPMENT BLOCK GRANT COMMITTEE
SCOPE OF WORK SUMMARY
PROGRAM YEAR 2025-2026
I. PROJECT NAME: Sidewalk and ADA Corner Ramp ( 2025)
II. APPLICANT: City of Madera- Public Works Department
III. PROJECT DESCRIPTION:
The proposed project involves the maintenance and repair of existing pedestrian facilities including sidewalks, access curb ramps, and drive approaches. The project includes various location in the City of Madera within CDBG eligible census tracts. The project includes necessary emergency and minor installation of sidewalks of 100 yards or more annually.
IV. FUNDING PROPOSAL:
A. CDBG Funds Requested: $225,520__
B. Projected Completion Date: June 2026
V. ANNUAL GOALS SUPPORTED:
Access to Affordable Housing
Improve Access to Services
Prevent and Reduce Homelessness
Administration
VI. PRIORITY NEEDS ADDRESSED:
Housing Needs
Community Services
Economic Development
Public Improvements and Public Infrastructure
Homeless Needs and Services
VII. GOAL OUTCOME INDICATORS
Goal Outcome Indicator Quantity Unit of Measure
Public Facility or Infrastructure Activities
other than Low/Moderate Income
Housing Benefit.
37,645 Persons Assisted
Exhibit A
VIII. CDBG COMMITMENTS:
For applicants who have received CDBG funding in the last three years and/or have an active award.
CDBG
Award
Year
Award Type Award
Amount
Remaining
Balance
Timeliness
Status
2021-2022 Capital
Improvement
$500,000 $181,222.92 Met
VIIII. CONFORMANCE WITH FEDERAL FUNDING REQUIREMENTS:
A. The proposed project is eligible for CDBG funding as a Public Improvement project as defined by CFR Section 570.201(c).
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 residents meet the low-and moderate-income threshold for eligibility X. CONFORMANCE TO CITY PLANS AND POLICIES:
A. City Priority Need Addressed: Public Improvement
B. Consolidated Plan Conformance: Conforms
Exhibit B
CDBG Program Year 2025/26 Contract Source
Program Name: Sidewalk and ADA Corner Ramp (2025)
Agency Name: City of Madera Public Works
Agency Site Adress: 1030 South Gateway Drive
Agency City, State, Zip: Madera, CA 93637
Agency Phone number: (559) 661-5466
Director Name: Arnoldo Rodriguez (Interim)
Director Phone: 559-661-5488
Project Description:
Measure
of Service Description
Unduplicated
Clients Served
Total
unduplicated
Clients Served
Budget
Budget Line Item Madera Other Funding Program Total
PW Equipment Operator $ 60,000.00
PW Maintenance Worker II $ 20,000.00
PW Maintenance Technician $ 20,000.00
Subtotal Personnel $ 100,000.00
Supplies & Materials $ 130,047.00
Subtotal Non-Personnel $ 130,047.00
Total Personnel & Non-Personnel $ 230,047.00
Indirect Costs 0
TOTAL $ 230,047.00
Number of Persons Served:
Cost per Individual #DIV/0!
Application Status Funded
Amount Funded $ 230,047.15
Report submitted by: Marylin Hall-Zunino
Date: 8/27/2025
Sidewalk and ADA corner ramp installation/upgrades
Goals of Clients to be Served:
Number of Goals:
Goal :
ensure all sidewalks and corner ramps are ADA
compliant
Non-Personnel
Other Lines needed:
Personnel:
*If you need more personnel lines, feel free to add them.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF MADERA, CALIFORNIA, APPROVING A PROGRAM YEAR 2025/26 COMMUNITY
DEVELOPMENT BLOCK GRANT SUBRECIPIENT AGREEMENT FOR SERVICES ($413,317.15) WITH CITY OF MADERA, PARKS DEPARTMENT
WHEREAS, the City Council has considered approval of the 2025/26 Community Development Block Grant Subrecipient Agreement with the City of Madera Parks Department in the amount of $413,317.15 (“Agreement”); and
WHEREAS, a copy of the Agreement is attached hereto as Exhibit 1 and incorporated by reference.
NOW, THEREFORE, the City Council of the City of Madera finds, determines, resolves and orders as follows:
1. The recitals listed above are true and correct.
2. The Council approves the Agreement between the City and the City of Madera Parks 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 Program Year 2025/26 Action Plan approval.
4. The Director of Financial Services is hereby authorized to take such action to implement the terms of the Resolution.
5. The City Clerk with concurrence from the City Attorney is authorized to make clerical and non-material corrections to this resolution and the Agreement.
6. This resolution is effective immediately upon adoption. *****
1 COMMUNITY DEVELOPMENT BLOCK GRANT
SUBRECIPIENT AGREEMENT
BETWEEN THE CITY OF MADERA AND THE CITY OF MADERA - PAR<S DEPARTMENT This Community Development Block Grant Subrecipient Agreement (“Agreement”) is entered into, effective on the date of July 1, 2025, by and between the City of Madera (“City”) and CITY OF MADERA PARKS 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. 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
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".
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2 The total obligation of the City under this Agreement shall not exceed $413,317.15 in fiscal year 2025-2026. Any compensation not consumed by expenditures of the SUBRECIPIENT by the expiration of this Agreement shall automatically revert to the CITY. b. Public Information
The Subrecipient shall disclose in all public information its funding source. c. Lobbying Activity
The Subrecipient shall not directly or indirectly use any of the funds provided under this Agreement for publicity, lobbying, or propaganda purposes designed to support or defeat legislation pending before the Congress of the United States or the Legislature of the State of California.
d. Political Activity
The Subrecipient shall not directly or indirectly use any of the funds under this Agreement for any political activity or to further the election or defeat of any candidate for public office.
3. Fiscal Compliance
The SUBRECIPIENT shall be subject to the same fiscal regulations imposed on CITY by the U. S. Department of Housing and Urban Development for the use of CDBG funds.
4. Program Income
SUBRECIPIENT shall report quarterly all program income as required under 24 CFR 570.503(b)(3) generated by activities carried out with CDBG funds made available under this Agreement. The use of program income by the SUBRECIPIENT shall comply with the requirements set forth at 24 CFR 570.504. By way of further limitations, the Subrecipient may use such income during the contract period for activities permitted under this Agreement and shall reduce requests for additional funds by the amount of any such program income balance on hand. All unexpended program income shall be returned to City at the end of the contract period. Any interest earned on cash advances from the U.S. Treasury and from funds held in a revolving fund account is not program income and shall be remitted promptly to City.
5. Compliance with Laws
If the SUBRECIPIENT receives CDBG funding under this Agreement, SUBRECIPIENT shall comply with all rules and regulations established pursuant to the Housing and Community Development Act of 1974 and its amendments and Uniform Administrative Requirements under 24 CFR 570.503(b)(4). The Subrecipient and any subcontractors shall comply with all applicable 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.
8. Contract Administration
City shall retain the right to administer this Agreement to verify that Subrecipient is performing its obligations in accordance with the terms and conditions of this Agreement.
Subrecipient and City shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof.
9. Period of Performance (Term of Agreement)
The Subrecipient shall commence performance under this Agreement on July 1, 2025, and shall end its performance June 30, 2026, 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 4 CFR 570.506 that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to:
1. Records providing a full description of each activity undertaken;
2. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program;
3. Records required to determine the eligibility of activities;
4. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance;
5. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program;
6. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21-28; and
7. Other records necessary to document compliance with 24 CFR 570.503(b)(5). b. 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 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. 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 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 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 Subrecipient shall accept all responsibility to return any CDBG funds received from City.
15. Termination
a. This Agreement may be immediately terminated by City for cause where in the determination of City, any of the following conditions exist: (1) an illegal or improper use of funds, (2) failure to comply with any terms of this Agreement, (3) a materially incorrect or incomplete report, (4) an improper performance of services. b. Any one of or combination of the above conditions will constitute grounds for suspension or termination of the Agreement. In no event shall any payment by the City hereunder constitute a waiver by the City of any breach of this Agreement or any default which may then exist on the part of the Subrecipient, nor shall such payment impair or prejudice any remedy available to the City with respect to the breach of default. When there is a breach of this Agreement, as defined by this section, the City may, in its sole discretion, immediately suspend or terminate this Agreement.
c. City shall have the option to terminate this Agreement without obligation of City to reimburse Subrecipient from the date the Federal or State Government withholds or fails to disburse funds to City. In the event such government withholds or fails to disburse funds, City shall give Subrecipient notice of such funding limitation or termination within a reasonable time after City receives notice of same.
d. Upon thirty (30) days written notice to the other party, either party may terminate this Agreement without cause. Notice shall be deemed served upon mailing.
16. Amendments
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 Finance Department - Grants Division 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 8 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.
19. Governing Law
Any controversy or claim arising out of or relating to this Agreement which cannot be amicably settled without court action shall be litigated only in Madera, California. The rights and obligations of the parties and all interpretations and performance of this Agreement shall be governed in all respects by the laws of the State of California.
20. Reversion of Assets
The Subrecipient must obtain prior written approval from the City whenever there is any modification or change in the use of any property acquired or improved, in whole or in part, using CDBG funds. If any real or personal property acquired or improved with CDBG funds is sold and/or is utilized by the Subrecipient for a use which does not qualify under the CDBG program, the Subrecipient shall reimburse the City in an amount equal to the current fair market value of the property, less any portion thereof attributable to expenditures of non-CDBG funds. These requirements shall continue in effect for the life of the property. In the event the CDBG program is closed-out, the requirements of this Section shall remain in effect for activities or property funded with CDBG funds, unless action is taken by the Federal government to relieve the City of these obligations.
21. Breach of Agreement
In the event the SUBRECIPIENT fails to comply with any of the terms of this Agreement, the CITY may, at its option, deem the SUBRECIPIENT’s failure as a material breach of this Agreement and utilize any of the remedies set forth in 24 CFR 85.43 or that it deems appropriate.
Should the CITY deem a breach of this Agreement material, the CITY shall immediately be relieved of its obligations to make further payment as provided herein. In addition to the Agreement being terminated by the CITY in accord with a material breach of this Agreement by the SUBRECIPIENT, this Agreement may also be terminated for convenience by the CITY in accord with 24 CFR 85.44.
22. No Third-Party Beneficiaries
This Agreement is not intended to create and does not create any rights in or benefits to any third party, nor will it be deemed to confer rights or remedies upon any person or legal entity 9 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.
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.
Minimum Scope and Limits of Insurance
Subrecipient shall maintain limits no less than:
$1,000,000 General Liability (including operations, products and completed operations) per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury and property damage, including without limitation, blanket contractual liability. Coverage shall be at least as broad as Insurance Services Office (ISO) Commercial General Liability coverage form CG 00 01 General liability policies shall be endorsed using ISO form CG 20 10 10 that the City and its officers, officials, employees and agents shall be additional insureds under such policies.
Worker’s Compensation as required by the State of California and $1,000,000 Employer’s Liability per accident for bodily injury or disease.
Maintenance of Coverage
Subrecipient shall procure and maintain, for the duration of the contract, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Subrecipient, its agents, representatives, employees, subcontractors or subconsultants as specified in this Agreement.
Proof of Insurance
Subrecipient shall provide to the City certificates of insurance and endorsements, as required, as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by the City prior to commencement of performance. Current evidence of insurance shall be kept on file with the City at all times during the term of this Agreement. Agency reserves the right to require complete, certified copies of all required insurance policies, at any time.
Acceptable Insurers
All insurance policies shall be issued by an insurance company currently authorized by the Insurance commissioner to transact business of insurance in the State of California, with an assigned policyholders’ Rating of A- (or higher) and a Financial Size Category Class VII (or larger), in accordance with the latest edition of Best’s Key Rating Guide.
Enforcement of Contract Provisions (non estoppel)
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 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. 11 Notice of Cancellation
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.
Self-insured Retentions
Any self-insured retentions must be declared to and approved by the City. The City reserves the right to require that self-insured retentions be eliminated, lowered or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by the City’s Risk Manager.
Timely Notice of Claims
Subrecipient shall give the City prompt and timely notice of claims made or suits instituted that arise out of or result from 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. b. Notice.
12 Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid first-class mail:
To the City:
City of Madera – Grants Division
205 W. 4th St.
Madera, CA 93637
To the Subrecipient:
City of Madera - Parks Department
701 E. 5th Street
Madera, CA 93638
at his/her address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. c. Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. d. Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement that are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. e. Execution in Counterparts.
This Agreement may be executed in counterparts such that the signatures may appear on separate signature pages. A copy or an original, with all signatures appended together, shall be deemed a fully executed Agreement.
///
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 & Parks Department:
By: ___________________________________ By: ______________________________ Cecilia Gallegos, Mayor Joseph Hebert, Parks Director
Date: __________________________________ Date: ______________________________ ATTEST: APPROVED AS TO LEGAL FORM:
By: ___________________________________ By:_________________________________ Alicia Gonzales, City Clerk Shannon Chaffin, City Attorney Date: __________________________________ Date: _______________________________ Exhibit A
COMMUNITY DEVELOPMENT BLOCK GRANT COMMITTEE
SCOPE OF WORK
PROGRAM YEAR 2025-2026
I. PROJECT NAME: Centennial Park Pool Complex Deck & Facility Improvements II. APPLICANT: Madera Parks & Community Services Department III. PROJECT DESCRIPTION:
Centennial Park Pool Complex is in the Wells Youth Center. The deck surface around the pool is in bad condition and it isn't draining properly, the storm-drain system needs repairs. More Canopy covered area is necessary and new tables.
Pool equipment Building needs reconstruction, much of the equipment is exposed to exterior, and the existing room is in bad condition. The main building where the restrooms are, need remodeling, paint & some repairs.
IV. FUNDING PROPOSAL:
A. CDBG Funds Requested: $413,125__
B. Projected Completion Date: June 2026
V. ANNUAL GOALS SUPPORTED:
Access to Affordable Housing
Improve Access to Services
Prevent and Reduce Homelessness
Administration
VI. PRIORITY NEEDS ADDRESSED:
Housing Needs
Community Services
Economic Development
Public Improvements and Public Infrastructure
Homeless Needs and Services
VII. GOAL OUTCOME INDICATORS
Goal Outcome Indicator Quantity Unit of Measure
Public Facility or Infrastructure Activities
other than Low/Moderate Income
Housing Benefit.
5,793 Persons Assisted
VIII. CDBG COMMITMENTS:
For applicants who have received CDBG funding in the last three years and/or have an active award.
CDBG Award
Year
Award Type Award
Amount
Remaining
Balance
Timeliness
Status
2023-2024 Capital
Improvement
$215,000 $0 Met
VIIII. CONFORMANCE WITH FEDERAL FUNDING REQUIREMENTS:
A. The proposed project is eligible for CDBG funding as a Public Improvement project as defined by CFR Section 570.201(c).
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 residents meet the low-and moderate-income threshold for eligibility X. CONFORMANCE TO CITY PLANS AND POLICIES:
A. City Priority Need Addressed: Public Improvement
B. Consolidated Plan Conformance: Conforms
CDBG Program Year 2025/26 Contract Source
Program Name: Taubert Park
Agency Name: City of Madera, Parks & Community Services Agency Site Adress: 701 East 5th Street
Agency City, State, Zip: Madera, CA 93638
Agency Phone number: 559-661-5495
Director Name: Joseph Hebert
Director Phone: 559-661-5491
Project Description:
Measure
of Service Description
Unduplicated
Clients Served
Total
unduplicated
Clients Served
Budget
Budget Line Item Madera Other Funding Program Total
Administration 13,1
Benefits
Taxes
Subtotal Personnel 13
Move-In Assistance
Supplies & Materials 400,000
Equipment
Exhibit B
Non-Personnel
Goals of Clients to be Served:
Number of Goals:
Goal :
5,793
Personnel:
*If you need more personnel lines, feel free to add them.
Centennial Park Pool Complex is located in the Wells
Youth center. The deck surface around the pool in in
bad condition and it isn't draining properly, the stormdrain system needs repairs. More canopy covered areas, pool equipment, and the on-site building
needs renovation.
Communications
Meetings & Convenings
Travel & Transportation
Training
Consulting
Evaluation
Park Construction & Amenities
Subtotal Non-Personnel 400000
Total Personnel & Non-Personnel 41
Indirect Costs
TOTAL $
Number of Persons Served: 5,793
Cost per Individual $7
Application Status Funded
Amount Funded
Report submitted by:
Date:
Other Lines needed:
Joseph Hebert
08/28/2025
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF MADERA, CALIFORNIA, APPROVING A PROGRAM YEAR 2025/26 COMMUNITY
DEVELOPMENT BLOCK GRANT SUBRECIPIENT AGREEMENT FOR SERVICES ($10,000) WITH CITY OF MADERA, PARKS DEPARTMENT
WHEREAS, the City Council has considered approval of the 2025/26 Community Development Block Grant Subrecipient Agreement with the City of Madera Parks Department in the amount of $10,000 (“Agreement”); and
WHEREAS, a copy of the Agreement is attached hereto as Exhibit 1 and incorporated by reference.
NOW, THEREFORE, the City Council of the City of Madera finds, determines, resolves and orders as follows:
1. The recitals listed above are true and correct.
2. The Council approves the Agreement between the City and the City of Madera Parks 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 Program Year 2025/26 Action Plan approval.
4. The Director of Financial Services is hereby authorized to take such action to implement the terms of the Resolution.
5. The City Clerk with concurrence from the City Attorney is authorized to make clerical and non-material corrections to this resolution and the Agreement.
6. This resolution is effective immediately upon adoption. *****
1 COMMUNITY DEVELOPMENT BLOCK GRANT
SUBRECIPIENT AGREEMENT
BETWEEN THE CITY OF MADERA AND THE CITY OF MADERA - PAR<S DEPARTMENT This Community Development Block Grant Subrecipient Agreement (“Agreement”) is entered into, effective on the date of July 1, 2025, by and between the City of Madera (“City”) and CITY OF MADERA PARKS 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. 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
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".
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2 The total obligation of the City under this Agreement shall not exceed $10,000 in fiscal year 2025- 2026. Any compensation not consumed by expenditures of the SUBRECIPIENT by the expiration of this Agreement shall automatically revert to the CITY. b. Public Information
The Subrecipient shall disclose in all public information its funding source. c. Lobbying Activity
The Subrecipient shall not directly or indirectly use any of the funds provided under this Agreement for publicity, lobbying, or propaganda purposes designed to support or defeat legislation pending before the Congress of the United States or the Legislature of the State of California.
d. Political Activity
The Subrecipient shall not directly or indirectly use any of the funds under this Agreement for any political activity or to further the election or defeat of any candidate for public office.
3. Fiscal Compliance
The SUBRECIPIENT shall be subject to the same fiscal regulations imposed on CITY by the U. S. Department of Housing and Urban Development for the use of CDBG funds.
4. Program Income
SUBRECIPIENT shall report quarterly all program income as required under 24 CFR 570.503(b)(3) generated by activities carried out with CDBG funds made available under this Agreement. The use of program income by the SUBRECIPIENT shall comply with the requirements set forth at 24 CFR 570.504. By way of further limitations, the Subrecipient may use such income during the contract period for activities permitted under this Agreement and shall reduce requests for additional funds by the amount of any such program income balance on hand. All unexpended program income shall be returned to City at the end of the contract period. Any interest earned on cash advances from the U.S. Treasury and from funds held in a revolving fund account is not program income and shall be remitted promptly to City.
5. Compliance with Laws
If the SUBRECIPIENT receives CDBG funding under this Agreement, SUBRECIPIENT shall comply with all rules and regulations established pursuant to the Housing and Community Development Act of 1974 and its amendments and Uniform Administrative Requirements under 24 CFR 570.503(b)(4). The Subrecipient and any subcontractors shall comply with all applicable 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.
8. Contract Administration
City shall retain the right to administer this Agreement to verify that Subrecipient is performing its obligations in accordance with the terms and conditions of this Agreement.
Subrecipient and City shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof.
9. Period of Performance (Term of Agreement)
The Subrecipient shall commence performance under this Agreement on July 1, 2025, and shall end its performance June 30, 2026, 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 4 CFR 570.506 that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to:
1. Records providing a full description of each activity undertaken;
2. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program;
3. Records required to determine the eligibility of activities;
4. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance;
5. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program;
6. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21-28; and
7. Other records necessary to document compliance with 24 CFR 570.503(b)(5). b. 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 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. 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 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 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 Subrecipient shall accept all responsibility to return any CDBG funds received from City.
15. Termination
a. This Agreement may be immediately terminated by City for cause where in the determination of City, any of the following conditions exist: (1) an illegal or improper use of funds, (2) failure to comply with any terms of this Agreement, (3) a materially incorrect or incomplete report, (4) an improper performance of services. b. Any one of or combination of the above conditions will constitute grounds for suspension or termination of the Agreement. In no event shall any payment by the City hereunder constitute a waiver by the City of any breach of this Agreement or any default which may then exist on the part of the Subrecipient, nor shall such payment impair or prejudice any remedy available to the City with respect to the breach of default. When there is a breach of this Agreement, as defined by this section, the City may, in its sole discretion, immediately suspend or terminate this Agreement.
c. City shall have the option to terminate this Agreement without obligation of City to reimburse Subrecipient from the date the Federal or State Government withholds or fails to disburse funds to City. In the event such government withholds or fails to disburse funds, City shall give Subrecipient notice of such funding limitation or termination within a reasonable time after City receives notice of same.
d. Upon thirty (30) days written notice to the other party, either party may terminate this Agreement without cause. Notice shall be deemed served upon mailing.
16. Amendments
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 Finance Department - Grants Division 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 8 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.
19. Governing Law
Any controversy or claim arising out of or relating to this Agreement which cannot be amicably settled without court action shall be litigated only in Madera, California. The rights and obligations of the parties and all interpretations and performance of this Agreement shall be governed in all respects by the laws of the State of California.
20. Reversion of Assets
The Subrecipient must obtain prior written approval from the City whenever there is any modification or change in the use of any property acquired or improved, in whole or in part, using CDBG funds. If any real or personal property acquired or improved with CDBG funds is sold and/or is utilized by the Subrecipient for a use which does not qualify under the CDBG program, the Subrecipient shall reimburse the City in an amount equal to the current fair market value of the property, less any portion thereof attributable to expenditures of non-CDBG funds. These requirements shall continue in effect for the life of the property. In the event the CDBG program is closed-out, the requirements of this Section shall remain in effect for activities or property funded with CDBG funds, unless action is taken by the Federal government to relieve the City of these obligations.
21. Breach of Agreement
In the event the SUBRECIPIENT fails to comply with any of the terms of this Agreement, the CITY may, at its option, deem the SUBRECIPIENT’s failure as a material breach of this Agreement and utilize any of the remedies set forth in 24 CFR 85.43 or that it deems appropriate.
Should the CITY deem a breach of this Agreement material, the CITY shall immediately be relieved of its obligations to make further payment as provided herein. In addition to the Agreement being terminated by the CITY in accord with a material breach of this Agreement by the SUBRECIPIENT, this Agreement may also be terminated for convenience by the CITY in accord with 24 CFR 85.44.
22. No Third-Party Beneficiaries
This Agreement is not intended to create and does not create any rights in or benefits to any third party, nor will it be deemed to confer rights or remedies upon any person or legal entity 9 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.
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.
Minimum Scope and Limits of Insurance
Subrecipient shall maintain limits no less than:
$1,000,000 General Liability (including operations, products and completed operations) per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury and property damage, including without limitation, blanket contractual liability. Coverage shall be at least as broad as Insurance Services Office (ISO) Commercial General Liability coverage form CG 00 01 General liability policies shall be endorsed using ISO form CG 20 10 10 that the City and its officers, officials, employees and agents shall be additional insureds under such policies.
Worker’s Compensation as required by the State of California and $1,000,000 Employer’s Liability per accident for bodily injury or disease.