AGENDA
NEWMAN CITY COUNCIL
SPECIAL MEETING MAY 12, 2026
CITY HALL CONFERENCE ROOM, 6:30 P.M., 938 FRESNO STREET NOTICE: THIS MEETING WILL BE HELD IN ACCORDANCE WITH THE RALPH M. BROWN ACT (CALIFORNIA GOVERNMENT CODE SECTION 54950, ET SEQ.) AND THE FEDERAL AMERICANS WITH DISABILITIES ACT REMOTE PUBLIC COMMENT WILL BE ENABLED ONLY WHEN AT LEAST ONE COUNCIL MEMBER PARTICIPATES REMOTELY (Gov. Code § 54953.4(c)(2))
1. Call To Order.
2. Roll Call.
3. Items From The Public.
4. Adjourn To Closed Session
a. Conference With Legal Counsel - Initiation Of Litigation Pursuant To California Government Code Section 54956.9(d)(4): (One Case).
b. Conference With Labor Negotiator – Agency Negotiator: Michael E. Holland - Employee Organizations: Operating Engineers Local #3 Public Works Bargaining Unit, Operating Engineers Local #3 Miscellaneous Bargaining Unit, Newman Police Officers Association Bargaining Unit And Management, Supervisory And Confidential Bargaining Unit - G.C. 54957.6.
c. Public Employment – Position: Police Chief - G.C. 54957. d. Return To Open Session.
5. Adjournment.
AGENDA
NEWMAN CITY COUNCIL
REGULAR MEETING MAY 12, 2026
CITY COUNCIL CHAMBERS, 7:00 P.M., 938 FRESNO STREET
NOTICE: THIS MEETING WILL BE HELD IN ACCORDANCE WITH THE RALPH M. BROWN ACT (CALIFORNIA GOVERNMENT CODE SECTION 54950, ET SEQ.) AND THE FEDERAL AMERICANS WITH DISABILITIES ACT REMOTE PUBLIC COMMENT WILL BE ENABLED ONLY WHEN AT LEAST ONE COUNCIL MEMBER PARTICIPATES REMOTELY (Gov. Code § 54953.4(c)(2))
1. Call To Order.
2. Pledge Of Allegiance.
3. Invocation.
4. Roll Call.
5. Declaration Of Conflicts Of Interest.
6. Ceremonial Matters.
7. Items from the Public - Non-Agenda Items.
8. Consent Calendar
a. Waive All Readings Of Ordinances And Resolutions Except By Title. b. Approval Of Warrants. (View Warrant/Check Register)
c. Approval Of Minutes Of The April 28, 2026 Meetings. (View Minutes) d. Adopt Resolution No. 2026- , A Resolution Approving The Fiscal Year 2024-2025 And Fiscal Year 2025-2026 Community Development Block Grant (CDBG) Funding Agreements With Stanislaus County. (View Report)
9. Public Hearings.
10. Regular Business.
11. Items From District Five Stanislaus County Supervisor.
12. Items From The City Manager And Staff.
13. Items From City Council Members.
14. Adjournment.
Calendar of Events
May 10 – Mother’s Day.
May 12 – City Council - 7:00 P.M.
May 21 – Planning Commission – Cancelled.
May 25 – Memorial Day Holiday – City Offices Closed.
May 26 – City Council - 7:00 P.M.
AP Check Register
April 22, 2026 through May 4, 2026
1 of 4
Vendor Fund-Dept-Acct Amount Check # Check date Description Acme Electric Company 10-44-6200 $ 298.84 128069 4/23/2026 Installation of Solar Lights $ 298.84 128069 Total
AT&T 63-56-6420 $ 92.73 128071 4/23/2026 Landlines 3-13-26 to 4-12-26 AT&T 10-07-6420 $ 30.36 128071 4/23/2026 Landlines 3-13-26 to 4-12-26 AT&T 10-21-6420 $ 365.88 128071 4/23/2026 Circuit Line Between Fresno St to Ceres 3-13-26 to 4-12-26 AT&T 10-14-6200 $ 10.64 128071 4/23/2026 Alarm 3-13-26 to 4-12-26 AT&T 10-14-6420 $ 92.61 128071 4/23/2026 Landlines 3-13-26 to 4-12-26 AT&T 60-50-6200 $ 10.64 128071 4/23/2026 Alarm 3-13-26 to 4-12-26 AT&T 63-56-6200 $ 10.63 128071 4/23/2026 Alarm 3-13-26 to 4-12-26 AT&T 10-21-6420 $ 32.37 128071 4/23/2026 Landlines 3-13-26 to 4-12-26 $ 645.86 128071 Total
AT&T MOBILITY 10-44-6420 $ 89.79 128070 4/23/2026 Cell Phone Use 3-03-26 to 4-02-26 AT&T MOBILITY 10-02-6420 $ 19.56 128070 4/23/2026 Cell Phone Use 3-03-26 to 4-02-26 AT&T MOBILITY 10-03-6420 $ 92.54 128070 4/23/2026 Cell Phone Use 3-03-26 to 4-02-26 AT&T MOBILITY 10-22-6420 $ 268.14 128070 4/23/2026 Cell Phone Use 3-03-26 to 4-02-26 AT&T MOBILITY 69-47-6420 $ 85.49 128070 4/23/2026 Cell Phone Use 3-03-26 to 4-02-26 AT&T MOBILITY 10-33-6420 $ 93.99 128070 4/23/2026 Cell Phone Use 3-03-26 to 4-02-26 AT&T MOBILITY 10-21-6420 $ 611.49 128070 4/23/2026 Cell Phone Use 3-03-26 to 4-02-26 AT&T MOBILITY 22-20-6420 $ 9.10 128070 4/23/2026 Cell Phone Use 3-03-26 to 4-02-26 AT&T MOBILITY 10-06-6420 $ 61.29 128070 4/23/2026 Cell Phone Use 3-03-26 to 4-02-26 AT&T MOBILITY 60-50-6420 $ 515.11 128070 4/23/2026 Cell Phone Use 3-03-26 to 4-02-26
AT&T MOBILITY 63-56-6420 $ 448.16 128070 4/23/2026 Cell Phone Use 3-03-26 to 4-02-26 AT&T MOBILITY 73-70-6420 $ 11.36 128070 4/23/2026 Cell Phone Use 3-03-26 to 4-02-26 AT&T MOBILITY 10-45-6420 $ 31.84 128070 4/23/2026 Cell Phone Use 3-03-26 to 4-02-26 AT&T MOBILITY 10-07-6420 $ 23.88 128070 4/23/2026 Cell Phone Use 3-03-26 to 4-02-26 $ 2,361.74 128070 Total
Baker Dorothy June 10-44-6225 $ 202.77 128072 4/23/2026 Wheel Kit Baker Dorothy June 10-44-6300 $ 571.75 128072 4/23/2026 Trimmer $ 774.52 128072 Total
Ball Dariela 10-00-2841 $ 80.00 128073 4/23/2026 Sherman Park Rental Deposit Refund/ Ball $ 80.00 128073 Total
BURTON'S FIRE, INC 10-22-6530 $ (565.26) 128074 4/23/2026 Credit for Duplicate Payment for Invoice #S 70201 BURTON'S FIRE, INC 10-22-6530 $ 902.36 128074 4/23/2026 Repair on R55 $ 337.10 128074 Total
CALIF BUILDING STANDARDS 10-00-5310 $ (13.40) 128076 4/23/2026 SB1473 Fees January-March 2026 CALIF BUILDING STANDARDS 10-00-2620 $ 134.00 128076 4/23/2026 SB1473 Fees January-March 2026 $ 120.60 128076 Total
California Landscape Supply 10-44-6300 $ 133.84 128075 4/23/2026 Trees
AP Check Register
April 22, 2026 through May 4, 2026
2 of 4
Vendor Fund-Dept-Acct Amount Check # Check date Description $ 133.84 128075 Total
COMCAST CABLE 10-21-6420 $ 181.00 128077 4/23/2026 High Speed Internet 4-6-26 to 5-5-26/ PD COMCAST CABLE 63-56-6200 $ 76.34 128077 4/23/2026 High speed internet/water COMCAST CABLE 60-50-6200 $ 76.33 128077 4/23/2026 High speed internet/sewer COMCAST CABLE 10-21-6200 $ 76.33 128077 4/23/2026 High speed internet/PD $ 410.00 128077 Total
DEPART. OF CONSERVATION 10-00-2605 $ 351.85 128078 4/23/2026 Strong Motion Fees January-March 2026 DEPART. OF CONSERVATION 10-00-5310 $ (17.59) 128078 4/23/2026 Strong Motion Fees January-March 2026 $ 334.26 128078 Total
Division of the State Architect 29-00-2601 $ 100.00 128079 4/23/2026 AB-1379 Fees Payable/January-March 2026 Division of the State Architect 10-00-5095 $ (90.00) 128079 4/23/2026 AB-1379 Fees Payable/January-March 2026 $ 10.00 128079 Total
Garcia Armando 69-47-6200 $ 2,918.64 128104 4/23/2026 Sidewalk Repair Garcia Armando 10-33-6200 $ 477.00 128104 4/23/2026 Wetland Restoration Grant Agreement Garcia Armando 10-33-6200 $ 490.00 128104 4/23/2026 General Tree Services $ 3,885.64 128104 Total
Gomez Jose 10-21-6695 $ 897.00 128080 4/23/2026 POST Training Per Diem/ Gomez $ 897.00 128080 Total
Guerrero's Tire and Auto Repair, LLC 10-46-6200 $ 137.75 128081 4/23/2026 Repair on Air Compressor/ $ 137.75 128081 Total
Hydrofocus, Inc 17-44-7757 $ 1,557.00 128082 4/23/2026 Wetland Restoration Grant Agreement $ 1,557.00 128082 Total
Instrument Technology Corporation 10-33-6300 $ 616.30 128083 4/23/2026 VM-560 Transmitter Instrument Technology Corporation 10-44-6300 $ 369.78 128083 4/23/2026 VM-560 Transmitter Instrument Technology Corporation 69-47-6300 $ 246.51 128083 4/23/2026 VM-560 Transmitter Instrument Technology Corporation 63-56-6300 $ 1,232.60 128083 4/23/2026 VM-560 Transmitter $ 2,465.19 128083 Total
JG Nurseries LLC 10-33-6300 $ 40.45 128084 4/23/2026 Tree Stakes JG Nurseries LLC 69-47-6300 $ 40.46 128084 4/23/2026 Tree Stakes $ 80.91 128084 Total
JOCELYN ROLAND, Ph.D. 10-21-6235 $ 500.00 128096 4/23/2026 Pre-Employment Psychological Screening/ Arroyo $ 500.00 128096 Total
Liebert Cassidy Whitmore 10-15-6200 $ 47.50 128087 4/23/2026 Professional Services Rendered Through 3-31-26 $ 47.50 128087 Total
Martinez Automotive Garage, Inc 10-33-6530 $ 219.90 128088 4/23/2026 Service on Chevy Silverado Martinez Automotive Garage, Inc 69-47-6530 $ 219.90 128088 4/23/2026 Service on Chevy Silverado $ 439.80 128088 Total
MID VALLEY IT, INC 10-21-7105 $ 5,921.94 128089 4/23/2026 VS07/ Memorial Building $ 5,921.94 128089 Total
AP Check Register
April 22, 2026 through May 4, 2026
3 of 4
Vendor Fund-Dept-Acct Amount Check # Check date Description NICHOLS CONSULTING 10-14-6200 $ 3,600.00 128090 4/23/2026 State Mandated Cost Consulting Services $ 3,600.00 128090 Total
Nutrien Ag Solutions Inc 60-50-6230 $ 3,933.65 128091 4/23/2026 8 Gallons Roadhouse, 32.5 Gallons Dimethoate Nutrien Ag Solutions Inc 60-50-6300 $ 1,259.81 128091 4/23/2026 30 Gallons Powermax, 5 Gallons Intensity One Nutrien Ag Solutions Inc 60-50-6230 $ 3,539.76 128091 4/23/2026 10 Gallons MSO Concentrate, 25 Gallons Makaze $ 8,733.22 128091 Total
Operating Engineers Public & Misc Employees 10-00-2260 $ 1,246.00 128092 4/23/2026 Health Insurance Premium/ June 2026/ Caetano $ 1,246.00 128092 Total
P G & E 60-50-6410 $ 13.72 128093 4/23/2026 Storm Pump
P G & E 60-50-6410 $ 675.68 128093 4/23/2026 Gas & Electric @ City Hall 3-6-26 to 4-6-26 P G & E 63-56-6410 $ 675.68 128093 4/23/2026 Gas & Electric @ City Hall 3-6-26 to 4-6-26 P G & E 10-07-6410 $ 675.68 128093 4/23/2026 Gas & Electric @ City Hall 3-6-26 to 4-6-26 P G & E 10-21-6510 $ 39.23 128093 4/23/2026 Natural Gas Pumped @ CNG Fueling Station 3-12-26 to 4-9-26 P G & E 63-56-6510 $ 39.23 128093 4/23/2026 Natural Gas Pumped @ CNG Fueling Station 3-12-26 to 4-9-26 P G & E 60-50-6510 $ 39.23 128093 4/23/2026 Natural Gas Pumped @ CNG Fueling Station 3-12-26 to 4-9-26 P G & E 10-33-6510 $ 313.83 128093 4/23/2026 Natural Gas Pumped @ CNG Fueling Station 3-12-26 to 4-9-26 P G & E 69-47-6510 $ 196.14 128093 4/23/2026 Natural Gas Pumped @ CNG Fueling Station 3-12-26 to 4-9-26 P G & E 10-44-6510 $ 156.92 128093 4/23/2026 Natural Gas Pumped @ CNG Fueling Station 3-12-26 to 4-9-26 $ 2,825.34 128093 Total
Public Agency Coalition Enterprise 10-00-2261 $ 28,583.12 128085 4/23/2026 Health Insurance Premium/ May 2026 $ 28,583.12 128085 Total
Public Agency Coalition Enterprise 10-00-2261 $ 20,031.40 128086 4/23/2026 Health Insurance Premium/ May 2026 $ 20,031.40 128086 Total
Redtail Consulting 17-44-7780 $ 2,145.00 128094 4/23/2026 Project #603 .CNP.21 NEWS Project Resource Agency Permitting $ 2,145.00 128094 Total
Rick Engineering Company 17-36-7780 $ 427.50 128095 4/23/2026 SWRCB Prop. 1 Storm Water lmplementation Grant
$ 427.50 128095 Total
RRM DESIGN GROUP, INC. 17-44-7780 $ 17,833.56 128097 4/23/2026 Newman Nature Park $ 17,833.56 128097 Total
San Joaquin Valley Drainage Authority 60-50-6635 $ 828.00 128098 4/23/2026 Irrigated Lands Regulatory Program/ First Installment $ 828.00 128098 Total
Stanislaus County Auditor-Controller 10-00-2600 $ 43,140.00 128099 4/23/2026 County Impact Fees Payable/Jan-Mar 2026 Stanislaus County Auditor-Controller 10-00-5310 $ (431.40) 128099 4/23/2026 County Impact Fees Payable/Jan-Mar 2026 $ 42,708.60 128099 Total
Teeples Plumbing & Drilling Inc 60-50-6200 $ 3,123.75 128100 4/23/2026 Emergency Lift Station Repairs Teeples Plumbing & Drilling Inc 60-50-6300 $ 4,961.25 128100 4/23/2026 Emergency Lift Station Repairs $ 8,085.00 128100 Total
True Blue Veterinary Group 10-21-6208 $ 2,125.66 128101 4/23/2026 Shelter Animals True Blue Veterinary Group 10-21-6208 $ 1,645.62 128101 4/23/2026 Shelter Animals
AP Check Register
April 22, 2026 through May 4, 2026
4 of 4
Vendor Fund-Dept-Acct Amount Check # Check date Description $ 3,771.28 128101 Total
USA BLUEBOOK 10-07-6300 $ 663.15 128102 4/23/2026 Flags $ 663.15 128102 Total
Valley 29 Electric, LLC 10-07-6200 $ 1,500.00 128103 4/23/2026 Repair on Lights $ 1,500.00 128103 Total
Wex Bank 10-22-6500 $ 2,176.79 128105 4/23/2026 Gas and Diesel Purchases 3-16-26 to 4-15-26 Wex Bank 10-21-6500 $ 3,326.87 128105 4/23/2026 Gas and Diesel Purchases 3-16-26 to 4-15-26 Wex Bank 10-07-6500 $ 89.37 128105 4/23/2026 Gas and Diesel Purchases 3-16-26 to 4-15-26 Wex Bank 63-56-6500 $ 174.54 128105 4/23/2026 Gas and Diesel Purchases 3-16-26 to 4-15-26 Wex Bank 10-44-6500 $ 155.39 128105 4/23/2026 Gas and Diesel Purchases 3-16-26 to 4-15-26 Wex Bank 60-50-6500 $ 1,704.13 128105 4/23/2026 Gas and Diesel Purchases 3-16-26 to 4-15-26 Wex Bank 69-47-6500 $ 694.21 128105 4/23/2026 Gas and Diesel Purchases 3-16-26 to 4-15-26 Wex Bank 10-33-6500 $ 866.34 128105 4/23/2026 Gas and Diesel Purchases 3-16-26 to 4-15-26 $ 9,187.64 128105 Total
$ 173,608.30 Grand Total
MINUTES
NEWMAN CITY COUNCIL
SPECIAL MEETING APRIL 28, 2026
CITY HALL CONFERENCE ROOM, 6:30 P.M., 938 FRESNO STREET NOTICE: THIS MEETING WILL BE HELD IN ACCORDANCE WITH THE RALPH M. BROWN ACT (CALIFORNIA GOVERNMENT CODE SECTION 54950, ET SEQ.) AND THE FEDERAL AMERICANS WITH DISABILITIES ACT REMOTE PUBLIC COMMENT WILL BE ENABLED ONLY WHEN AT LEAST ONE COUNCIL MEMBER PARTICIPATES REMOTELY (Gov. Code § 54953.4(c)(2))
1. Call To Order - Mayor Graham 6:31 P.M.
2. Roll Call - PRESENT: Pimentel, Mayor Pro Tem Ball, Tomlinson, Harden, And Mayor Graham.
ABSENT: None.
3. Items From The Public – None.
4. Adjourn To Closed Session - 6:32 P.M.
a. Conference With Legal Counsel - Initiation Of Litigation Pursuant To California Government Code Section 54956.9(d)(4): (One Case).
b. Conference With Labor Negotiator – Agency Negotiator: Michael E. Holland - Employee Organizations: Operating Engineers Local #3 Public Works Bargaining Unit, Operating Engineers Local #3 Miscellaneous Bargaining Unit, Newman Police Officers Association Bargaining Unit And Management, Supervisory And Confidential Bargaining Unit - G.C. 54957.6.
c. Conference With Real Property Negotiator – Stanislaus County APN 026-034-011 - G.C. 54956.8. Agency Negotiator: Michael E. Holland. Negotiating Parties: City Of Newman And Newman Crows Landing Unified School District. Under Negotiation: Price And Term Of Payment.
d. Return To Open Session - 7:10 P.M.
Mayor Graham Reported That Advice Was Provided.
5. Adjournment.
ACTION: On A Motion By Tomlinson, Seconded By Pimentel, The Meeting Was Adjourned At 7:11 P.M. By The Following Vote: AYES: Pimentel, Ball, Tomlinson, Harden, And Mayor Graham; NOES:
None; ABSENT: None; NOT PARTICIPATING: None.
MINUTES
NEWMAN CITY COUNCIL
REGULAR MEETING APRIL 28, 2026
CITY COUNCIL CHAMBERS, 7:00 P.M., 938 FRESNO STREET
NOTICE: THIS MEETING WILL BE HELD IN ACCORDANCE WITH THE RALPH M. BROWN ACT (CALIFORNIA GOVERNMENT CODE SECTION 54950, ET SEQ.) AND THE FEDERAL AMERICANS WITH DISABILITIES ACT REMOTE PUBLIC COMMENT WILL BE ENABLED ONLY WHEN AT LEAST ONE COUNCIL MEMBER PARTICIPATES REMOTELY (Gov. Code § 54953.4(c)(2))
1. Call To Order - Mayor Graham 7:14 P.M.
2. Pledge Of Allegiance.
3. Invocation – Council Member Pimentel.
4. Roll Call - PRESENT: Pimentel, Mayor Pro Tem Ball, Tomlinson, Harden, And Mayor Graham.
ABSENT: None.
5. Declaration Of Conflicts Of Interest – None.
6. Ceremonial Matters – None.
7. Items from the Public - Non-Agenda Items.
Denise Huerta, 916 Tivoli Drive, Newman, Expressed Concerns About Hazards Related To 5G Cell Towers And Requested That The City Review Its Current Ordinances Related To Cell Towers. Huerta Mentioned Legislation Regarding 5G Cell Towers In Rural Areas. She Provided The City Council With Materials Regarding Cell Towers And Stated That Said Towers Could Be Harmful To The Community’s Health And The Environment.
Natalie Zalinski, 2018 Stockbridge Drive, Newman, Thanked The City For Their Opposition To The Recently Proposed Cell Tower. Zalinski Requested That The City’s Cell Tower Ordinance Be Reviewed, As She Thought That The Current Ordinance Was Vague. She Explained That Other Cities, Like Nevada City, Had Recently Adopted A Comprehensive Ordinance. Zalinski Urged The City Council To Strengthen The City’s Current Ordinance.
Manuel Plasencia, 432 Laurel Avenue, Gustine, Explained That He Had Tried To Issue A Subpoena To The City Of Newman For Body Camera Footage/Video Of An Incident, But Was Denied.
Julia Chan, 1543 Circle Lane, Newman, Indicated That She Was Opposed To Cell Towers And That She Appreciated The City’s Help In Opposing The Proposed Tower. Chan Stated That Safety And Land Values Should Be Taken Into Account When New Cell Towers Are Being Considered.
8. Consent Calendar
a. Waive All Readings Of Ordinances And Resolutions Except By Title. b. Approval Of Warrants.
c. Approval Of Minutes Of The April 14, 2026 Meetings.
d. Adopt Resolution No. 2026-14, A Resolution Initiating Proceedings For The Levy And Collection Of Assessments For The Lighting And Landscape Maintenance District For Fiscal Year 2026-2027 And Ordering The Preparation Of The Engineer’s Report. e. Adopt Resolution No. 2026-15, A Resolution Of Concurrence And Support Of The Stanislaus County CDBG Fiscal Year 2026-2027 Annual Action Plan (AAP).
ACTION: On A Motion By Ball, Seconded By Tomlinson, The Consent Calendar Was Approved By The Following Vote: AYES: Pimentel, Ball, Tomlinson, Harden, And Mayor Graham; NOES: None; ABSENT: None; NOT PARTICIPATING: None.
9. Public Hearings – None.
10. Regular Business – None.
11. Items From District Five Stanislaus County Supervisor - None.
12. Items From The City Manager And Staff.
City Manager Holland Reported That There Was A Proposed One Hundred-And Thirty-Foot-Tall Cell Tower Being Processed By The County Planning Department In An Area Just Outside The City Limits And Indicated That Said Area Was Designated For Future Residential Development. Holland Noted That The City Had Written A Letter In Opposition With A Recommendation To Deny Said Tower, Consistent With Agreements Between The City And County. He Pointed Out That There Are Some State And Federal Laws That Restrict Local Government Control With Regard To Cell Towers.
Holland Stated That The City Would Review The Current Ordinance To Make Sure That It Was Consistent With Current Laws And Standards. He Mentioned That The Mayor And Staff Had Recently Met With CalTrans Regarding The Proposed Stop Light At Highway 33 And Inyo Avenue But Remarked That CalTrans Had Indicated That There Were Not Enough Accidents At Said Intersection To Justify A Signal Light. Holland Remarked That They Had Also Discussed The Sherman Parkway/Jensen Road, Highway 33 Intersection. He Wished Perfecto Millan A Happy And Healthy Retirement And Thanked Him For His Many Years Of Service To The City.
Chief Richardson Wished Perfecto Millan Good Luck And Noted That He Would Be Missed.
Public Works Director Spankowski Wished Perfecto Millan The Best In His Retirement And Stated That He Was Going To Be Missed. Spankowski Explained That The Measure “L” Project Soon Would Be Released For A Three Week Bid Process.
Council Member Ball Asked When The NEWS Project Would Open.
Public Works Director Spankowski Stated That The City Was Still Working On Finalizing Grant Requirements And Safety Issues.
Chief Bowen Congratulated Perfecto Millan On His Well-Deserved Retirement. Bowen Reported That The Fire Department Would Be Honoring Three Of Their Academy Graduates On The Upcoming Thursday. He Noted That The Fire Department Would Be Doing A Career Day Presentation At Barrington Elementary School In The Near Future.
13. Items From City Council Members.
Council Member Pimentel Noted That She Had Recently Attended The West Side Theatre Foundation Meeting And Mentioned Several Upcoming Events At The Theatre.
Council Member Ball Thanked Everyone For Their Input Concerning The Cell Towers.
Council Member Tomlinson Thanked The Public For Their Input Regarding The Cell Tower.
Council Member Harden Thanked Everyone For The Cell Tower Information They Provided. Harden Wished Perfecto Millan Luck In His Retirement.
Mayor Graham Thanked The Community For Their Input About The Cell Towers. Graham Congratulated Perfecto Millan On His Retirement.
14. Adjournment.
ACTION: On A Motion By Tomlinson, Seconded By Hardin, And Unanimously Carried, The Meeting Was Adjourned At 7:39 P.M.
Honorable Mayor and Members
of the Newman City Council
Agenda Item: 8.d.
City Council Meeting
of May 12, 2026
APPROVING THE FISCAL YEAR (FY) 2024-2025 AND FY 2025-2026 COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) FUNDING AGREEMENTS WITH STANISLAUS COUNTY
RECOMMENDATION:
Adopt a Resolution approving the Fiscal Year (FY) 2024-2025 and FY 2025-2026 Community Development Block Grant (CDBG) funding agreements with Stanislaus County and authorizing the City Manager to execute the agreements.
BACKGROUND:
The City of Newman, in partnership with Stanislaus County and the cities of Ceres, Hughson, Newman, Oakdale, Patterson, Riverbank, and Waterford, participates in the Stanislaus Urban County for the purpose of receiving U.S.
Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) funding.
Stanislaus County serves as the lead entity responsible for the administration and implementation of CDBG funding on behalf of all member jurisdictions.
As part of this partnership, Stanislaus County prepares and submits required planning documents to HUD, including the Consolidated Plan and Annual Action Plans (AAPs), which identify community needs and allocate funding to eligible activities.
ANALYSIS:
The City was allocated CDBG funding for Fiscal Years 2024-2025 and 2025-2026 through the approved Annual Action Plans. These funds are intended to support eligible activities that benefit low- and moderate-income residents and address community development needs, including public services, public infrastructure improvements, and housing-related activities.
The execution of the FY 2024-2025 and FY 2025-2026 funding agreements was delayed due to extended processing and approval timelines at the U.S. Department of Housing and Urban Development (HUD). As a result, both funding agreements are being presented together for Council consideration at this time.
The agreements outline the terms and conditions for the use of CDBG funds, including compliance with federal regulations, eligible use requirements, reporting obligations, and expenditure deadlines.
For FY 2024-2025, the City of Newman was allocated approximately $146,699.75 in CDBG funding.
For FY 2025-2026, the City of Newman was allocated approximately $142,606.00 in CDBG funding.
The City intends to utilize these funds for the following activities:
• FY 2024-2025: Steffensen/Sunshine Park Area Improvement Project (multi-phase) • FY 2025-2026: Steffensen/Sunshine Park Area Improvement Project (multi-phase) All CD BG-funded activities must meet one of the national objectives established by HUD, which include:
1. Benefit to low- and moderate-income persons
2. Prevention or elimination of slums or blight
3. Meeting urgent community development needs
FISCAL IMPACT:
The City will receive approximately $146,699.75 in FY 2024-2025 CDBG funds and $142,606.00 in FY 2025-2026 CDBG funds. These funds are federal pass-through funds administered by Stanislaus County and will be incorporated into the City's budget for eligible activities.
There is no impact to the City's General Fund associated with acceptance of these funds.
Agenda Item: 8.d.
CONCLUSION:
Staff recommends that the Council adopt Resolution No. 2026- , Approving The Fiscal Year (FY) 2024-2025 And FY 2025-2026 Community Development Block Grant (CDBG) Funding Agreements With Stanislaus County.
ATTACHMENTS:
I. Resolution No. 2026- , Approving the Fiscal Year (FY) 2024-2025 and FY 2025-2026 Community Development Block Grant (CDBG) Funding Agreements with Stanislaus County
2. FY 2024-2025 CDBG Allocation Agreement
3. FY 2025-2026 CDBG Allocation Agreement
omas Spankowski
Director of Public Works
REVIEWED/CONCUR
~~ Michael Holland
City Manager
RESOLUTION NO. 2026-
A RESOLUTION OF THE CITY OF NEWMAN CITY COUNCIL APPROVING THE FISCAL YEAR 2024-2025 AND FISCAL YEAR 2025-2026 COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) FUNDING AGREEMENTS WITH STANISLAUS COUNTY
WHEREAS, the Stanislaus Urban County Community Development Block Grant (CDBG) Program Consortium, which includes the cities of Ceres, Hughson, Newman, Oakdale, Riverbank, Patterson, and Waterford and unincorporated areas of Stanislaus County has been granted a total allocation of $2,305,008 in Fiscal Year (FY) 2024-2025 and $2,302,867 in FY 2025-2026; and WHEREAS, the City of Newman chooses to participate in the entitlement process, thereby receiving a portion of the CDBG entitlement grant to Stanislaus County and participating jurisdictions; and WHEREAS, the City of Newman's allocation ofCDBG funds was $146,669.75 in FY 2024-2025 and $142,606.00 in FY 2025-2026; and
WHEREAS, on April 28th, 2026, the City Council approved the Annual Action Plan with activities eligible under HUD guidelines.
NOW, THEREFORE, BE IT RESOLVED that the Newman City Council hereby approves the FY 2024-2025 and FY 2025-2026 CDBG Allocation Agreements with Stanislaus County, allowing the City of Newman to receive its FY 2024-2025 and FY 2025-2026 funding allocations.
The foregoing resolution was introduced at a regular meeting of the City Council of the City of Newman held on the 12th day of May, 2026 by Council Member _________ _, who moved its adoption which motion was duly seconded and it was upon roll call carried and the resolution adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mike Maier,
City Clerk of the City of Newman,
County of Stanislaus, State of California
APPROVED:
Casey Graham,
Mayor of the City of Newman,
County of Stanislaus, State of California
STANISLAUS URBAN COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ALLOCATION
AGREEMENT
This COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL
ALLOCATION AGREEMENT ("Agreement") is made by and between the County of Stanislaus ("County") and the Cities of Ceres, Hughson, Newman, Oakdale, Patterson, Riverbank and Waterford (the "City" individually or "Cities" collectively) on July 1, 2025 (the "effective date").
WITNESSETH
WHEREAS, County of Stanislaus has applied for and is qualified to receive an entitlement grant under the Community Development Block Grant ("CDBG") program for Fiscal Year 2024- 2025 (July 1, 2024 to June 30, 2025) in the amount $2,305,008 as an "Urban County" as set forth under Title I of the Housing and Community Development Act of 1974; and WHEREAS, County has received such a CDBG grant award from the U.S. Department of Housing and Urban Development ("HUD") under Title I of the Housing and Community Development Act of 1974, as amended (United States Code, title 42, section 5301 et seq. (hereinafter "42 U.S.C. § 5301 et seq. U.S.C. 24 CFR § 570.206"); the "Act"); and WHEREAS, pursuant to such grant and to the Board of Supervisors Board Resolution No. 2024-0208 approved on April 30, 2024 (Agenda Item #6.6), County is undertaking certain programs and services necessary for the planning, implementation, or execution of such a Community Development Block Grant Program; and
WHEREAS, County and Cities desire to enter into this allocation Agreement for the purpose of designating each Urban County member City as a CDBG subrecipient; and WHEREAS, the parties desire that CDBG entitlement funds received by County as an "Urban County" be shared proportionally, as determined by poverty and population formula, among the parties;
NOW, THEREFORE, the parties hereto do mutually agree as follows:
1. INTERPRETATION
1.1 Multiple Parties; Separate Obligations. This Agreement is entered into by and between County and each of the Cities of Ceres, Hughson, Newman, Oakdale, Patterson, Riverbank, and Waterford. References to "City" in this Agreement shall mean each City individually and severally. Each City's obligations, rights, and liabilities under this Agreement are individual and separate, and no City shall be responsible for the obligations or liabilities of any other City.
1.2 Application of Terms. Where this Agreement refers to "City" in the singular, such reference shall apply to each City separately as to its own allocation, activities, and performance under this Agreement. Each City shall be deemed to have entered into a separate subrecipient agreement with County, the terms of which are set forth in this Agreement.
FY 2024-2025 Stanislaus Urban County CDBG Annual Allocation Agreement 1 1.3 Joint Provisions. Notwithstanding Section 1.1, provisions of this Agreement that reference all Cities collectively, including but not limited to the allocation table in Section 2.1, shall apply to all Cities jointly as the context requires.
2. FUNDING PROVISIONS
2.1 County and each City shall receive an allocation based upon a population and poverty calculation as set forth below:
Jurisdiction 2024 Activity
Funding
Stanislaus County $ 325,631.75
Ceres $ 215,620.75
Hughson $ 160,000.75
Newman $ 146,699.75
Oakdale $ 165,812.75
Patterson $ 178,635.75
Riverbank $ 142,061.75
Waterford $ 219,542.75
TOTAL $ 1,554,006.00
In the event that HUD reduces the Urban County CDBG allocation, each allocation will be reduced proportionately.
2.2 County shall also receive an amount not to exceed twenty (20%) percent per year of the total Fiscal Year 2024-2025 CDBG entitlement funds for eligible general administrative services as defined in the Code of Federal Regulation, Title 24, Part 570, Subpart 206 (hereinafter 42 USC 5301 et seq.; the "Act")
(a) which amount shall be set aside prior to any allocation of funds to County and Cities under Section 2 of this Agreement.
(b) An amount not to exceed twenty percent (20%) of each City's CDBG project budget, as per 24 CFR 570.200- 570.204, by County of the allocated Fiscal 2024- 2025 funds shall be allowed as an activity delivery expenses for each City within their annual allocation amount as referenced in the table above.
(c) An amount not to exceed $25,000 of the available administrative funding shall be allocated for Urban County Fair Housing activities, as defined in 24 CFR 570.206( C ).
2.3 An amount not to exceed fifteen percent (15%) of the total Fiscal Year 2024-2025 CDBG entitlement funds, shall be allocated for eligible public services, as defined in 24 CFR 570.201, and related projects under the Urban County CDBG Public Service Grant Program.
2.4 Upon notification of a City's intent to apply for grants available to Urban Counties under applicable law, County, as lead agency, shall apply for such grants on behalf of FY 2024-2025 Stanislaus Urban County CDBG Annual Allocation Agreement 2 that City once determined by the County that the grant is consistent with the Consolidated Plan and Annual Action Plan, and provided the County has the staffing capacity to undertake the application.
2.5 Activities proposed by the Cities insofar as they are consistent with applicable statutes and regulations, shall be processed for inclusion by County in the Consolidated Plan and Annual Action Plan.
2.6 Each party has the responsibility to ensure its activities comply with the HUD Certified Fiscal Year 2024-2025 Stanislaus Urban County Annual Action Plan.
2. 7 Each party agrees to comply with reporting requirements set forth in 2 CFR 200.500 et seq. regarding standards for obtaining consistency and uniformity among federal agencies for the audit of state, local government expending federal awards.
2.8 Each party shall be strictly accountable for all CDBG entitlement funds allocated to that party.
3. SCOPE OF WORK
3.1 General Scope. City shall utilize CDBG funds to deliver its activities as described in the Fiscal Year 2024-2025 Stanislaus Urban County Annual Action Plan, as certified by HUD. The Annual Action Plan contains the description of the work to be performed, a schedule for completing the work, and the estimated budget.
3.2 Term. This Agreement shall be in effect from July 1, 2025, until June 30, 2026, or until all Fiscal Year 2024-2025 CDBG funds are disbursed to City. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which City remains in control of CDBG funds or other CDBG assets, including program income.
4. COMPENSATION
4.1 Allocation Amount. City shall be paid through reimbursements the total compensation amount as indicated in Sections 2.1 and 2.2 above for the CDBG-eligible activities.
4.2 Funding Drawdowns. All requests for grant fund drawdowns shall be requested as needed throughout the fiscal year by City. Drawdowns may be required and shall be provided as requested by County.
4.3 Certification of Expenses. In every case, draws will be disbursed to City subject to receipt of a Request for Funds ("RFF") specifying and certifying that such expenses are in conformance with this Agreement, and that City is entitled to receive the amount requisitioned under the terms of this Agreement. With each RFF an official authorized to bind City shall certify that "By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (18 U.S.C. § 1001; 31 U.S.C. §§ 3729-3730, 3801-3812)." City shall make such other certifications as FY 2024-2025 Stanislaus Urban County CDBG Annual Allocation Agreement 3 required by 2 CFR 200.415.
Grant fund draw requests will be dispersed upon request provided: (1) the RFF is returned with original authorized signatures; and (2) that all requests are accompanied with back-up documentation verifying all requested expenses are specific to carrying out the grant activity scope.
4.4 Authorized Personnel. Person executing this agreement on behalf of City shall notify County in writing of all authorized personnel who shall be empowered to file requests for funds pursuant to this Agreement.
4.5 Salaries. The salaries paid under this Agreement shall be in accordance with the following: 2 CFR 200.430 and 24 CFR 570.206. City shall submit time sheets to document expenses for staff. Time sheets shall list the grant specifically and hours spent on the grant noted.
Only hours spent on the grant will be paid, based on the hourly rate. If the employee is on salary, salary will be calculated based on the hours worked. If the total number of hours worked is not listed, then hourly rate will be based on an average 40-hour work week.
Fringe benefits, which includes taxes and insurance costs paid by the City on behalf of the staff person working on the grant, but does not include overhead costs, may be paid in accordance with 2 CPR 200.431. Paid Time-off ("PTO"), paid to employees during periods of authorized absences from the job, such as vacation leave, sick leave, military leave, and the like, are NOT eligible expenses. Such costs are considered basic costs, not related to specific grant activity, and shall be covered by the City. Overtime or bonuses are not allowable expenses. Expenses related to travel are ineligible, except where gas costs have been incurred directly related to implementation of program activities.
5. USE OF FUNDS
5.1 General Use of Funds. Use of funds received pursuant to this Agreement shall be in accordance with the requirements of the Act, 24 CPR 570, and other regulations governing the Community Development Block Grant Program, and any amendments or policy revisions thereto which shall become effective during the term of this Agreement. Further, any funded activity must be designed or so located as to principally benefit low/moderate income persons, aid in the prevention or elimination of slums or blight, or meet urgent community development needs, as defined in the program regulations.
5.2 Federal Funding Requirements. The CDBG allocation is funded by HUD.
City must comply with all of the rules and regulations required by HUD, which are set forth throughout this Agreement and in the HUD CDBG Addenda, which is attached hereto as Attachment 2. City shall not perform any act, fail to perform any act, or refuse to comply with any County requests that would cause County to be in violation of County's agreement with HUD.
5.3 Compliance with Local Code. City agrees to implement all activities supported with CDBG grant funds in compliance with all local codes and ordinances, including obtaining all necessary permits for such activities.
5.4 Ineligible Uses of Funds. In the event that City is found to have expended FY 2024-2025 Stanislaus Urban County CDBG Annual Allocation Agreement 4 grant funds for ineligible activities, pursuant to 24 CFR 570.207 and 2 CFR 200.420-200.476, such funds shall be returned to the County.
5.5 Failure to Complete Project- Repayment Obligation. City acknowledges that CDBG funds are provided for the sole purpose of completing the approved activities identified in the HUD-certified Fiscal Year 2024-2025 Stanislaus Urban County Annual Action Plan and any County-approved amendments thereto.
In the event that City fails to move forward with, materially alters without County approval, abandons, or fails to complete an approved CDBG-funded project after funds have been expended and reimbursed by the County, City shall be financially liable to the County for the full amount of CDBG funds expended for that project, unless otherwise approved in writing by County.
Repayment shall be made to the County upon written demand and shall be treated as program income or returned funds, as determined by the County in accordance with HUD regulations.
County's right to repayment shall survive expiration or termination of this Agreement. The repayment obligation described in Section 5.5 shall apply regardless of whether this Agreement is terminated or expires.
5.6 Timely Expenditure Requirement. City acknowledges that the County, as the HUD entitlement grantee, is subject to federal timeliness and expenditure requirements for CDBG funds, including requirements enforced by HUD to ensure funds are expended within a reasonable period of time. Consistent with those requirements, City agrees to expend all CDBG funds allocated under this Agreement within six (6) years from the effective date of this Agreement, unless otherwise approved in writing by the County.
5. 7 Five Year Action Plan Requirement. If, at any time following five (5) years from the effective date of this Agreement, City has not fully expended its allocated CDBG funds, City shall, upon written request by the County, submit a written corrective action plan acceptable to the County. The action plan shall, ~ta minimum, identify barriers to expenditure, propose specific corrective actions, and include a realistic schedule demonstrating how all remaining funds will be fully expended within the six-year period.
5.8 Reversion of Funds After Six Years. If City fails to fully expend its allocated CDBG funds within six (6) years from the effective date of this Agreement, and absent written approval by the County for an extension, any unexpended CDBG funds shall automatically revert to the County for reallocation and use in accordance with HUD regulations and the current HUD approved Consolidated Plan., City shall have no further claim to such reverted funds.
5.9 No Waiver of Other Remedies. The remedies set forth in this section are in addition to, and not in limitation of, any other rights or remedies available to the County under this Agreement, federal law, or HUD regulations, including termination, recapture, or repayment of funds, as applicable.
5.10 Program Income. Program income shall be handled in accordance with Section 24 CFR 570.504( c ). City shall report to County any income generated by the expenditure of CDBG funds. Such program income may be retained by City to be used for CDBG eligible activities and must be accounted for and kept separately from other funds in compliance with CDBG regulations. County has the responsibility of monitoring and reporting to HUD on the use FY 2024-2025 Stanislaus Urban County CDBG Annual Allocation Agreement 5 of program income, thereby requiring appropriate record keeping and reporting by City as may be needed for this purpose. At the end of the Term, County may require remittance of all or part of any program income balances (including investments thereof) held by City ( except those needed for immediate cash needs, cash balances of a revolving loan fund, cash balances from a lump sum drawdown, or cash or investments held for section 108 security needs) pursuant to 24 CFR 570.503(b )(3).
5.11 Termination of Contract. Pursuant to 2 CFR 200.339, suspension or termination of this Agreement may occur if City materially fails to comply with any term of the grant agreement, or for convenience, as set forth in Section 15 below. City may not terminate an Assignment of Proceeds and Grant of Lien without written consent of County. All reports or accounting provided for herein shall be rendered whether or not falling due within the Agreement period.
5.12 Reversion of Assets. Upon grant expiration, termination, or upon City becoming insolvent, City shall transfer to County any grant funds on hand at the time of expiration and any accounts receivable attributable to the use of said grant funds. Any real property under City's control that was acquired or improved in whole or in part with grant funds (including grant funds provided to City in the form of a loan) shall be utilized in accordance with Section 5 .1 (General Use of Funds), of this Agreement, as long as needed for that purpose. When such property is no longer needed for the originally authorized purpose set forth in Section 5 .1 of this Agreement, County shall obtain disposition instructions from HUD which shall provide for one of the disposition alternatives set forth in 2 CFR 200.311 ( d). All returned grant funds or payments, if any, shall be treated by County as program income.
6. PROGRAM ACTIVITY ELIGIBILITY
6.1 General Eligibility. Eligibility of program activities shall be evaluated and documented by City prior to identifying in the Annual Action Plan to determine if activities meet the eligibility criteria established under 24 CFR 570.208. Eligibility of program activities, including an evaluation for consistency with an Urban County-approved and HUD-certified Annual Action Plan, shall be conducted prior to any release of funds by the County. All activities funded with CDBG funds must meet one of the CDBG program's National Objectives as defined in 42 U.S.C. 5304(b)(3), as amended, and 24 CFR 570.483.
6.2 Income Standards. City agrees to use the standards, in effect at the time of assistance, to determine income eligibility and the verification requirements for entry into the CDBG Program. The method of income eligibility must be determined based on the National Objective being met and scope of CDBG activity to be carried out.
6.3 Eligible Urban County Areas. Program beneficiaries must reside within the income eligible Urban County areas as defined by HUD and Stanislaus County. These areas include the CDBG eligible Census Block Groups within the cities of Ceres, Hughson, Newman, Oakdale, Patterson, Riverbank, Waterford, and the unincorporated areas of Stanislaus County.
6.4 Environmental Review Record. City is responsible for preparing the environmental review record for any project assisted through this Agreement in compliance with the California Environmental Quality Act, the National Environmental Protection Act, and 24 CFR FY 2024-2025 Stanislaus Urban County CDBG Annual Allocation Agreement 6 58 et seq. A copy of any such review shall be sent to County for County's review, approval, and formal signature as the Responsible Entity, prior to City entering into a commitment of CDBG funds for the subject activity. The environmental review record shall include, but not be limited to, all documents which have been prepared, circulated, posted, or published to reflect an environmental determination made by City. City's CDBG activity delivery funds may be used to cover costs associated with environmental review compliance by County, if outside consulting services are required to be used by County. An estimate of costs associated with environmental review compliance shall be provided by County to City for review and approval prior to any expenditure. County shall be provided with costs associated with the City use of consulting services associated with environmental review compliance before any expenditure. Any CDBG funding used to cover costs associated with the environmental review record shall be an activity delivery cost. No project activity funds, beyond County-authorized activity delivery funds, shall be utilized or encumbered for any activity until County approval of the environmental record for said activity has occurred. The City shall be responsible for repayment of activity delivery fees used to cover environmental review costs for any project that does not move forward to completion within the time allowed under this agreement.
7. DATA COLLECTION, REPORTING AND MAINTENANCE OF
RECORDS
7.1 Documentation. Implementation of program actlv1tles, including determinations of eligibility, evidence of eligible activity costs, fiscal management, and CDBG contract and subcontract records shall be documented. City 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 ofreal 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 2 CFR 200.334; and (7) Other records necessary to document compliance with Subpart K of 24 CFR Part 570.
7.2 Quarterly/Closeout Reports. City agrees to submit quarterly program status reports to County, in conformance with the requirements of CDBG and 2 CFR 200.301, including an estimate of the number of jobs created and/or retained by CDBG funds as well as any other information that is requested on the date of their monitoring appointment or by the deadline indicated within their monitoring letter. In addition, City shall submit, no later than thirty (30) days after the expiration of this Agreement, any required close-out report, in conformance with the requirements of 2 CFR 200.344.
7.3 HUD Sponsored Research. Upon request, City shall participate in HUDsponsored research and evaluation of CDBG during or after the completion of the program. 7 .4 Unique Entity Identifier (UEI) and SAM Registration.
City shall maintain an active registration in the federal System for Award Management (SAM.gov) and shall maintain a valid Unique Entity Identifier (UEI) throughout the term of this Agreement.
City shall ensure its SAM.gov registration is renewed annually and remains active in accordance FY 2024-2025 Stanislaus Urban County CDBG Annual Allocation Agreement 7 with federal requirements.
7.5 Data Required. City shall maintain activity beneficiary data such as area demographics, number of housing units, and number of people who will benefit from activities funded with grant funds. City also agrees to report the number of jobs created with CDBG funds, if applicable, in the quarterly report to be provided to County.
7.6 General Records. City shall keep and maintain all project records, books, papers and documents for a period of not less than five (5) years after the project terminates and grants County the option of retention of the project records, books, papers and documents. City agrees to keep all necessary books and records, including property, personnel and financial records, in connection with the operations and services performed under this Agreement, and shall document all transactions so that all expenditures may be properly audited. County, HUD, and any authorized representatives shall have access to and the right to examine all records, books, papers or documents related to the project for the purposes of making audit, evaluation, examination, excerpts and transcripts during normal business hours and during the period such records are to be maintained by City. Further, County and HUD shall have the right at all reasonable times to audit, inspect or otherwise evaluate the work performed or being performed under this Agreement.
7. 7 Privacy Procedures. City shall develop and implement reasonable procedures to ensure: (1) the confidentiality of records pertaining to all program participants; and (2) that program participant's addresses will not be made public, except to the extent that this prohibition contradicts a preexisting privacy policy of the City.
7.8 Audit Provision. City agrees to provide to County, at City's cost, a certified audit performed by an accredited certified public accountant, of all funds received or utilized by City, including the distribution of any CDBG Grant Funds for Fiscal Year 2024-2025 and previous fiscal years. City agrees to provide additional audits upon request.
8. UNIFORM ADMINISTRATIVE REQUIREMENTS
8.1 General Uniform Administrative Requirements. City shall comply with 24 CFR 570.502 and the requirements and standards of 2 CFR 200.420-200.475.
8.2 Reasonable Grant Costs. County reserves the right to determine whether or not a request for CDBG grant fund reimbursement is reasonable. A cost is considered to be reasonable if, in its nature or amount, it does not exceed that which would be incurred by a prudent person under the circumstances prevailing at the time the decision was made to incur the costs. In determining the reasonableness of a given cost, consideration shall be given to: (1) whether the cost is of a type generally recognized as ordinary and necessary for the operation of the City or the performance of the award; (2) the restraints or requirements imposed by such factors as generally accepted sound business practices, arms length bargaining, federal and state laws and regulations, and terms and conditions of the award; (3) whether the individuals concerned acted with prudence in the circumstances, considering their responsibilities to the City, its members, employees, and clients, the public at large, and the Federal Government; and (4) significant deviations from the established practices of the City which may unjustifiably increase the award costs.
8.3 Allocable Grant Costs. County reserves the right to determine whether or FY 2024-2025 Stanislaus Urban County CDBG Annual Allocation Agreement 8 not a request for CDBG grant fund reimbursement is allocable, consistent with applicable federal regulations. A cost is considered to be allocable if it: (1) is incurred specifically for the award; (2) benefits both the award and other work and can be distributed in reasonable proportion to the benefits received; or (3) is necessary to the overall operation of the City, although a direct relationship to any particular cost objective cannot be shown.
8.4 Procurement.
(a) Compliance. City must follow federal procurement rules when purchasing services, supplies, materials, or equipment. The applicable federal regulations are contained in 2 CFR Sections 200.317-200.327 and 24 CFR Section 570.502 and 570.610 In addition to federal regulations, City shall comply with applicable laws and regulations adopted by the State of California or County ordinances regarding procurement. The procurement process shall include the following: ( 1) Identify and clearly specify standards for the goods or services; (2) When required, seek competitive offers to obtain the best possible quality at the best possible price; (3) Use a written agreement that clearly states the responsibilities of each party; (4) Keep and maintain reliable records; and ( 5) Have a quality assurance system that documents that funds were used in full compliance with this Agreement and applicable law. (b) Prohibition on certain telecommunications and video surveillance equipment or services. City must comply with the prohibition on certain telecommunications and video surveillance equipment or services stated in 2 CFR Part 200.216.
9. HOLD HARMLESS AND INDEMNITY AGREEMENT
9.1 General Indemnification. City shall hold County, its agents, offic.ers, employees, and volunteers, harmless from and save, defend, and indemnify them against any and all claims, losses, liabilities and damages from every cause, including but not limited to claims arising from the City's breach or this Agreement or claims arising directly or indirectly out of any act or omission of City, whether or not the act or omission arises from the sole negligence or other liability of City, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement.
9.2 Liability and Fees. County shall not be responsible or liable for any debts, actions, obligations, negligence, or liabilities committed or incurred by City, its staff or program participants, and City hereby agrees to defend, hold harmless and indemnify County from and against any and all such liabilities for debts and obligations. No draw, however, final or otherwise, shall operate to release City from any obligations under this Agreement.
10. NON-DISCRIMINATION AND EQUAL OPPORTUNITY
10.1 Compliance with Fair Housing and Civil Rights Laws. (1) During the performance of this Agreement, City and its officers, employees, agents, representatives or subcontractors shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any employee, applicant for employment or person receiving services under this Agreement because of race, religious creed, color, national origin, ancestry, physical or mental disability including perception of disability, medical condition, genetic information, pregnancy related condition, marital status, gender/sex, sexual orientation, gender identity, gender expression, age ( over 40), political affiliation or belief, or military and veteran status. (2) City shall include FY 2024-2025 Stanislaus Urban County CDBG Annual Allocation Agreement 9 the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement. (3) City shall provide a system by which recipients of service shall have the opportunity to express and have considered their views, grievances, and complaints regarding the City's delivery of services. ( 4) City agrees to comply with all applicable fair housing, nondiscrimination and civil rights requirements including all applicable federal, state and local laws and regulations related to non-discrimination and equal opportunity, including without limitation; (a) County's nondiscrimination policy; (b) the California Fair Employment and Housing Act (Cal.
Gov. Code Sections 12900 et seq.); (c) Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended; (d) Federal Civil Rights Act of 1964 (P.L. 88-352), as amended; (e) Section 504 of the Rehabilitation Act of 1973; (f) Section B of Title I of the Housing and Community Development Act of 1974; (g) Title II of the Americans with Disabilities Act of 1990; (h) Section 24 CFR 5.105; (i) all applicable regulations promulgated in the California Code of Regulations or the Code of Federal Regulations. (5) City agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (6) City will, in all solicitations or advertisements for employees placed by or on behalf of City, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, age, handicap, sexual orientation, ancestry, national origin, familial status, or any other basis prohibited by applicable law. • (7) If the procedures that the grantee intends to use to make known the availability of services are unlikely to reach persons of any particular race, color, religion, sex, age, national origin, familial status, or disability who may qualify for such services, then City must establish additional procedures that will ensure that such persons are made aware of the services.
10.2 Small Business, Minority Business, Women's Business Enterprises, Veteran-Owned Businesses, and Labor Surplus Area Firms. City shall carry out applicable requirements of2 CFR Section 200.321 in the award and administration of this Agreement. Failure by City to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as County deems appropriate. City must, at a minimum, take the following steps to consider the use of small businesses, minority businesses, women's business enterprises, veteran-owned businesses, and labor surplus area firms:
(a) Placing these qualified businesses on solicitation lists; (b) Assuring that these businesses are solicited whenever they are potential sources; ( c) Dividing procurement transactions into separate procurements when economically feasible to permit maximum participation by these businesses; ( d) Establishing delivery schedules that encourage participation by these businesses; and ( e) Utilizing such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.
10.3 Equal Participation of Religious Organizations. City agrees that funds provided under this Agreement will not be utilized for inherently religious activities prohibited by 24 CFR 570.200G), such as worship, religious instruction, or proselytization. City shall not, in providing program assistance, discriminate against a program participant or prospective program participant on the basis of religion or religious belief.
10.4 HUD Section 3 Compliance. City agrees to comply with the rules and regulations set forth under Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C.1701 u), as amended, and the HUD regulations issued pursuant thereto under 24 CFR 135.
This act requires that, to the greatest extent feasible, opportunities for training and employment be directed to low and very-low-income persons, particularly those recipients of government FY 2024-2025 Stanislaus Urban County CDBG Annual Allocation Agreement 10 assistance for housing, and to business concerns that provide economic opportunities to low and very-low-income persons.
10.5 Americans with Disabilities Act (ADA) of 1990 and Architectural Barriers Act of 1968. City shall comply with the Architectural Barriers Act of 1968 (42 U.S.C. 4151 et seq.), which ensures that all federally funded facilities be designed, constructed, or altered to ensure accessibility and use by disabled persons, and the Americans with Disabilities Act (ADA) of 1990 ( 42 U.S.C. 12101 et seq.), which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines.
10.6 Labor Standards and Davis-Bacon and Related Act Requirements.
City shall comply with all applicable federal labor standards, as set forth in Section l l0(a) of Title I of the Housing and Community Development Act of 1974, as amended (42 U.S.C. 5310 et seq.) and Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5.
10. 7 Whistleblower Protections. An employee of City must not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a person or body described in 41 U.S.C. 4712(a)(2) information that the employee reasonably believes is evidence of gross mismanagement of a Federal contract or grant, a gross waste of Federal funds, an abuse of authority relating to a Federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a Federal contract (including the competition for or negotiation of a contract) or grant. City must inform their employees in writing of employee whistleblower rights and protections under 41 U.S.C. 4712. See statutory requirements for whistleblower protections at 10 U.S.C. 4701, 41 U.S.C. 4712, 41 U.S.C. 4304, and 10 U.S.C. 4310.
10.8 Displacement, Relocation, Acquisition and Replacement of Housing.
Consistent with 24 CFR 570.606 and the Stanislaus Urban County's Anti-Displacement and Relocation Policy Plan, City shall take all reasonable steps to minimize the displacement of all persons as a result of project activities.
10.9 Eligibility Restrictions. City agrees to comply with applicable eligibility restrictions for certain resident aliens, as set forth in 24 CFR 570.613.
11. CONSTRUCTION CONTRACTS
11.1 Contract Provisions. City and County agree to include the following contract prov1s1ons in any construction contracts utilizing funds received pursuant to this Agreement: (1) Equal Employment Opportunity. Except as otherwise provided under 41 CFR 60, all construction contracts shall include the equal opportunity clause provided under 41 CFR 60- l.4(b ). (2) Davis-Bacon Act. All prime construction contracts in excess of $2,000 shall include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, 3146-3148).
Contractors shall pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must pay wages not less than once a week. City or County shall include a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. City or County shall report all suspected or reported violations to HUD. (3) Copeland "Anti-Kickback" FY 2024-2025 Stanislaus Urban County CDBG Annual Allocation Agreement 11 Act. All construction contracts shall include a provision for compliance with the Copeland "AntiKickback" Act (18 USC 874; 40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR 3), prohibiting the contractor from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. City shall report all suspected or reported violations to HUD. (4) Contract Work Hours and Safety Standards. Any construction contract in excess of $100,000 that involves the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR 5), which require each contractor to compute the wages of mechanics and laborers on the basis of a standard work week of forty ( 40) hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for hours worked in excess of the standard 40-hour work week. In addition, no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous. (5) Byrd Anti-Lobbying Amendment.
Any construction contract in excess of $100,000 shall require the contractor to file the required Byrd Anti-Lobbying certification, certifying that the contractor will not and has not used federal funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence a federal contract, grant, or award, the contractor shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (6) Build America, Buy America (BABA) Act, 41 U.S.C. § 8301 note, and all applicable rules and notices, as may be amended, if applicable. Pursuant to HUD's Notice, "Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy America Provisions as Applied to Recipients of HUD Federal Financial Assistance" (88 Fed. Reg. 17001), BABA requirements apply to any infrastructure projects HUD has obligated funds for after the effective dates, unless excepted by a waiver.
11.2 Debarment and Suspension. No contract may be awarded to parties listed on the government-wide exclusions in the System for Award Management, in accordance with the 0MB guidelines at 2 CFR 180.
12. CONFLICTS OF INTEREST
12.1 Hatch Act Incorporated. Neither City program nor the funds provided therefore, nor the personnel employed in the administration of the program shall be in any way or to any extent engaged in the conduct of political activities in contravention of Chapter 15 of Title V of the U.S.C.
12.2 Conflict of Interest. City shall comply with 2 CFR 200.112, and 24 CFR 570.611, and all applicable federal standards of ethical conduct, which prohibit any employee, officer, or agent of City from participating in the selection, award, or administration of a federally funded contract if a real or apparent conflict of interest would be involved. With respect to all other decisions involving the use of CDBG funds, the following restriction shall apply: No person who is an employee, agent, consultant, officer, or elected or appointed official of City and who exercises or has exercised any functions or responsibilities with respect to assisted activities, or FY 2024-2025 Stanislaus Urban County CDBG Annual Allocation Agreement 12 who is in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract, or agreement with respect thereto, or the proceeds thereunder, either for himself or herself or for those with whom he or she has family or business ties, during his or her tenure or for one year thereafter.
12.3 Lobbying and Disclosure Requirements. City certifies that no state or federally appropriated funds have been paid, or will be paid for lobbying activities, in contravention of2 CFR 200.450 or the Byrd Amendment (31 U.S.C. 1352) and its implementing regulations at 24 CFR 87. If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence this Agreement, City shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S.C.
Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
12.4 Campaign Contribution Disclosure. City certifies that it has complied with the campaign contribution disclosure provisions of the California Levine Act (Cal. Gov. Code Section 84308) and has provided the appropriate disclosures to County.
13. DRUG-FREE WORKPLACE
13.1 Drug-free Workplace. City will maintain a drug free workplace and will comply with the Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et seq.) and HUD's implementing regulations at 24 CFR 2429.
14. ENVIRONMENTAL LAW COMPLIANCE
14.1 Lead Poisoning Prevention Act. City agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570.608, and 24 CFR 35, Subpart B.
Such regulations pertain to all CDBG-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment, and precautions that should be taken when dealing with leadbased paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment, and/or abatement may be conducted.
14.2 Clean Air Act and Federal Water Pollution Control Act. Per 2 CFR Part 200 App. II(G) in carrying out this Agreement, City agrees to comply with all applicable standards, orders, and regulations issued pursuant to the Federal Clean Air Act (42 USC 7401 et seq.) and the Federal Water Pollution Control Act (33 USC 1251 et seq.), as amended. Violations must be reported to the County, HUD, and the Regional Office of the EPA. City will include these FY 2024-2025 Stanislaus Urban County CDBG Annual Allocation Agreement 13 requirements in each subcontract exceeding $150,000 that receives any federal funding.
14.3 National Environmental Policy Act (NEPA) and California Environmental Quality Act (CEQA) Compliance. City shall comply with all applicable standards, orders or regulations issued pursuant to NEPA (42 U.S.C. 4321 et seq.) and/or CEQA (Cal. Public Resources Code Sections 21000 et seq.).
14.4 Historic Preservation. City agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, state, or local historic property list.
14.5 Flood Disaster Protection. In accordance with the requirements of the Flood Disaster Protection Act of 1973 ( 42 U.S.C. 4001), City shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation).
15. TERMINATION OF SERVICES AND REVERSION OF ASSETS
15.1 Termination of Contract and Reversion of Assets. It is expressly understood and agreed that either party shall have the right to terminate this Agreement upon fifteen (15) days written notice to the other party. Such notice shall include the reasons for termination. (1) City may not terminate an Assignment of Proceeds and Grant of Lien without written consent of County. All reports or accounting provided for herein shall be rendered whether or not falling due within the Agreement period. (2) County reserves the right to terminate this Agreement or to reduce the Agreement compensation amount for cause, or if City fails to comply with the terms and conditions of an award, including: (a) failure of City to file required reports; (b) failure of City to meet project dates; ( c) expenditure of funds under this Agreement for ineligible activities, services or items; or ( d) failure to comply with written notice from County of substandard performance in scope of work under the terms of this Agreement. (3) Should County choose to terminate this Agreement the following steps shall be followed: ( a) written warning to City by County including steps to bring project into compliance with time frame; (b) notification by County that said project has been determined deficient and that continued support of the project is not providing an adequate level of services to low/moderate income people; and ( c) written notification from County that said Agreement is to be terminated and program funds curtailed, withdrawn, or otherwise restricted. (4) Upon expiration or termination of this Agreement, City shall transfer to the County any CDBG funds on hand at the time of expiration or termination and any accounts receivable attributable to the use of CDBG funds.
15.2 Insolvency. If the City becomes insolvent, all unused CDBG funds shall be returned to the County for disposition.
16. GENERAL TERMS AND CONDITIONS
FY 2024-2025 Stanislaus Urban County CDBG Annual Allocation Agreement 14 16.1 Other program requirements. City agrees to carry out each activity in compliance with all federal laws and regulations described in subpart K of 24 CFR 570, except that City does not assume County responsibility for initiating the process of reviewing federal financial assistance programs under the provisions of 24 CFR 52.
16.2 Assignment. Without written consent of County, this Agreement is not assignable by City, either in whole or in part.
16.3 Amendment. The County's Director of Planning and Community Development may amend, revise or supplement the Agreement by "Administrative Amendment" in order to maintain compliance with applicable laws and regulations upon written notice to the other parties. The Administrative Amendment shall be effective upon execution by the County's Director of Planning and Community Development and delivery to all parties. Amendments which modify the substantive terms of the Agreement shall be approved by the County's Director of Planning and Community Development and the City Manager of each of the Cities or his/her designee.
16.4 Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein, and the Agreement shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party, the Agreement shall forthwith be physically amended to make such insertion or correction.
16.5 Construction. Headings or captions to the provisions of this Agreement are solely for the convenience of the parties, are not part of this Agreement, and shall not be used to interpret or determine the validity of this Agreement. Any ambiguity in this Agreement shall not be construed against the drafter, but rather the terms and provisions hereof shall be given a reasonable interpretation as if both parties had in fact drafted this Agreement.
16.6 Severability. If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby, and all other parts of this Agreement shall nevertheless be in full force and effect.
16. 7 Integration. This Agreement represents the entire understanding of County and City as to those matters contained herein and supersedes all prior negotiations, representations, or agreements, both written and oral. This Agreement may not be modified or altered except in accordance with Sections 2.1, 16.3 or 16.4.
16.8 Notice. Any notice, communication, amendment, addition or deletion to this Agreement, including change of address of either party during the term of this Agreement, which City or County shall be required or may desire to make shall be in writing and may be personally served or, alternatively, sent by prepaid first-class mail to the respective parties as follows:
FY 2024-2025 Stanislaus Urban County CDBG Annual Allocation Agreement 15 To County:
To City:
County of Stanislaus
Department of Planning and Community Development
Attention: Deputy Director of Community Development
1010 Tenth Street, Suite 3400
Modesto, CA 95354
See Attachment 1 - Stanislaus Urban County Notice Information
16.9 Governing Law and Venue. This Agreement shall be deemed to be made under and shall be governed by and construed in accordance with, the laws of the State of California. Any action brought to enforce the terms or provisions of this Agreement shall have venue in the County of Stanislaus, State of California.
16.10 Authorization. City has authorized the undersigned person signing as officers on behalf of City, to enter into this Agreement on behalf of said City and to bind the same to this Agreement, and further that said City has authority to enter into this Agreement and that there are no restrictions or prohibitions contained in any article of incorporation or by laws against entering into this Agreement.
16.11 Certification Regarding Economic Sanctions Pursuant to California State Executive Order N-6-22. (1) City and its subrecipients shall review their investments and contracts to ensure their compliance with economic sanctions imposed by the U.S. government in response to Russia's actions in Ukraine, as well as any sanctions imposed under state law (collectively, economic sanctions), and to take actions to support the Ukrainian government and people, including by refraining from new investments in, and financial transactions with, Russian institutions or companies that are headquartered or have their principal place of business in Russia (Russian entities), not transferring technology to Russia or Russian entities, and by directly providing support to the government and people of Ukraine. (2) County shall terminate any contract with any individual or entity that is in violation of Executive Order N-6-22 or that is subject to economic sanctions therein and shall not enter a contract with any such individual or entity while the Order is in effect. (3) For contracts valued at $5 million or more, City and its subrecipients shall provide a written report to the County regarding compliance with economic sanctions and steps taken in response to Russia's action in Ukraine, including but not limited to, desisting from making new investments in, or engaging in financial transactions with Russia or Russian entities, and directly providing support to Ukraine, while the Order is in effect.
16.12 Debarment. City and its subrecipients shall represent and warrant, to the best of their knowledge and belief, that neither City, its subrecipients, nor any of their Principals ("Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity) is presently debarred, suspended, proposed for debarment, voluntarily excluded, or involuntarily excluded from receiving a contract from any federal, state or local government or agency, nor has it been declared ineligible for the award of contracts by any federal, state, or local government or agency, nor does it appear on any federal, state or local government's Excluded Parties List System. City and its subrecipients shall provide immediate written notice to County if at any time City and its subrecipients learns that this representation was erroneous when submitted or has become erroneous by reason of changed circumstances. The representations and warranties above are a material representation of fact upon which reliance was placed when entering into this Agreement. If it is later determined that City FY 2024-2025 Stanislaus Urban County CDBG Annual Allocation Agreement 16 and its subrecipients knowingly made a false representation, in addition to other remedies available to County, County may terminate this Agreement.
16.13 No Waiver. County's failure to act with respect to a breach by County does not waive its right to act with respect to subsequent or similar breaches. The failure of County to exercise or enforce any right or provision shall not constitute a waiver of such right or provision.
16.14 Counterparts and Electronic Signatures. This Agreement may be signed in counterparts and shall bind each signatory to the Agreement. Each party agrees that this Agreement and any other documents to be delivered in connection herewith may be electronically signed, and that any electronic signatures appearing on this Agreement, or such other documents are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first hereinabove written.
{SIGNATURES BEGIN ON THE FOLLOWING PAGE]
FY 2024-2025 Stanislaus Urban County CDBG Annual Allocation Agreement 17 COUNTY OF STANISLAUS:
By: Jod~ s (Mar 13, 2026 09:45:06 PDT)
Jody Hayes
Chief Executive Officer
APPROVED AS TO CONTENT:
Angela Freitas, Director
Planning and Community Development Department
. Angeta 1teltas By. Angela Freitas (Mar 13, 2026 14:01 :15 PDT) Angela Freitas
Director
APPROVED AS TO FORM:
Thomas E. Boze
County Counsel
By: ttM~<j-r~
Robert J. Taro
Assistant County Counsel
FY 2024-2025 Stanislaus Urban County CDBG Annual Allocation Agreement 18 03/13/2026
Dated
CITY OF CERES:
By: -------------
Javier Lopez
Mayor
ATTEST:
By:
Fallon Martin
City Clerk
APPROVED AS TO CONTENT:
By:
Douglas D. Dunford
City Manager
APPROVED AS TO FORM:
By:
Nubia Goldstein
City Attorney
FY 2024-2025 Stanislaus Urban County CDBG Annual Allocation Agreement 19 Dated
CITY OF HUGHSON:
By:
George Carr
Mayor
ATTEST:
By:
Dominique Romo
City Manager on behalf of City Clerk
APPROVED AS TO CONTENT:
By: ----------
Dominique Romo
City Manager
APPROVED AS TO FORM:
By:
Andy J. Pinasco
City Attorney
FY 2024-2025 Stanislaus Urban County CDBG Annual Allocation Agreement 20 Dated
CITY OF NEWMAN:
By: ----------
Casey Graham
Mayor
ATTEST:
By:
Mike Maier
City Clerk
APPROVED AS TO CONTENT:
By: ----------- Michael E. Holland
City Manager
APPROVED AS TO FORM:
By:
Nubia Goldstein
City Attorney
FY 2024-2025 Stanislaus Urban County CDBG Annual Allocation Agreement 21 Dated
CITY OF OAKDALE:
By:
Cherilyn Bairos
Mayor
ATTEST:
By:
Patrick Mondragon
City Clerk
APPROVED AS TO CONTENT:
By:
Jerry Ramar
City Manager
APPROVED AS TO FORM:
By:
Tom Hallinan
City Attorney
Dated
FY 2024-2025 Stanislaus Urban County CDBG Annual Allocation Agreement 22 CITY OF PATTERSON:
By: ----- ----- Michael Clauzel
Mayor
ATTEST:
By: ----------
Aracely Alegre
City Clerk
APPROVED AS TO CONTENT:
By:
Fernando Ulloa
City Manager
APPROVED AS TO FORM:
By:
Nubia Goldstein
City Attorney
FY 2024-2025 Stanislaus Urban County CDBG Annual Allocation Agreement 23 Dated
CITY OF RIVERBANK:
By: ---------- Rachel Hernandez
Mayor
ATTEST:
By:
Gabriela Hernandez
City Clerk
APPROVED AS TO CONTENT:
By:
Marisela H. Garcia
City Manager
APPROVED AS TO FORM:
By: ----------
Tom Hallinan
City Attorney
Dated
FY 2024-2025 Stanislaus Urban County CDBG Annual Allocation Agreement 24 CITY OF WATERFORD:
By:----------
Charlie Goeken
Mayor
ATTEST:
By:----------
Patricia Krause
City Clerk
APPROVED AS TO CONTENT:
By:
Michael G. Pitcock
City Manager
APPROVED AS TO FORM:
By:----------
Corbett Browning
City Attorney
FY 2024-2025 Stanislaus Urban County CDBG Annual Allocation Agreement 25 Dated
Attachment 1
Stanislaus Urban County Notice Information
City of Ceres
Department of Planning and Building
2220 Magnolia Street
Ceres, CA 95307
City of Hughson
Department of Community Development
P.O. Box 9
Hughson, CA 95326
City of Newman
Department of Community Development
P.O. Box 787
Newman, CA 95360
City of Oakdale
Department of Community Development
455 S. Fifth Street
Oakdale, CA 95361
City of Patterson
Department of Community Development
P.O. Box 667
Patterson, CA 95363
City of Riverbank
Department of Economic Development and Housing
6707 3rd Street
Riverbank, CA 95367
City of Waterford
City Manager's Office
P.O. Box 199
Waterford, CA 95386
FY 2024-2025 Stanislaus Urban County CDBG Annual Allocation Agreement 26 Attachment 2
HUD CDBG Addenda
The following requirements are incorporated by reference into this Agreement. City agrees to comply with these requirements, as applicable to its use of CDBG funds. The Executive Orders and policy directives summarized in this Exhibit are currently being implemented by the U.S.
Department of Housing and Urban Development (HUD) through guidance, notices, and related compliance measures. While an Executive Order may not yet be codified into federal regulation, HUD has directed grantees and subrecipients to comply with them.
Accordingly, as a condition of this Agreement, the City agrees to make every effort to work collaboratively with the County to address any issues that may arise as a result of these Executive Orders or related HUD directives, and to cooperate in identifying an agreeable and practicable method of achieving federal compliance. The City further agrees to adjust its practices, policies, or program implementation as reasonably required to ensure that the County, as the HUD grantee, remains in compliance with applicable federal requirements.
Addendum 1. Policy Requirements
If applicable:
• This Agreement shall not be governed by Executive Orders revoked by E.O. 14154, including E.O. 14008 or notice of funding opportunity requirements implementing Executive Orders that have been revoked.
• City must administer its program in accordance with immigration restrictions under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1601- 1646), and any applicable requirements that HUD, the Attorney General, or the U.S.
Citizenship and Immigration Services may establish from time to time to comply with PRWORA, Executive Order 14218, or other Executive Orders or immigration laws. • City shall not use CDBG funds in a manner that subsidizes or promotes illegal immigration or that shields undocumented individuals from deportation. • City must use the SA VE system or another federally approved verification system to ensure federal public benefits are not provided to ineligible aliens. • Faith-based organizations may serve as subrecipients on the same basis as any other organization, and no applicant may be discriminated against on the basis of religious character, affiliation, or exercise.
Addendum 2. Program-Specific Requirements
• Environmental Review - City agrees to provide required documentation to the County for the County to comply with all environmental review requirements at 24 CFR Part 58. • City shall ensure that no CDBG funds are used to support any Federal, State, or local projects that seek to use the power of eminent domain, unless eminent domain is employed only for public use. For the purposes of this requirement, public use shall not be construed to include economic development that primarily benefits private entities. Any use of funds for mass transit, railroad, airport, seaport, or highway projects as well as utility projects that benefit or FY 2024-2025 Stanislaus Urban County CDBG Annual Allocation Agreement 27 serve the general public (including energy-, communication-, water-, and wastewater-related infrastructure), other structures designated for use by the general public or which have other common-carrier or public-utility functions that serve the general public and are subject to regulation and oversight by the government, and projects for the removal of an immediate threat to public health and safety or brownfield as defined in the Small Business Liability Relief and Brownfields Revitalization Act (Pub. Law No. 107-118) shall be considered a public use for purposes of eminent domain.
• Violence Against Women Act Compliance - City must comply with the right to report crime and emergencies protections at 34 U.S.C. § 12495, ensuring protections for victims of domestic violence, dating violence, sexual assault, and stalking.
By signing the Agreement, City certifies compliance with the above Addenda, which are incorporated as material terms and conditions of this Agreement. 2001135.2
2023297.1
FY 2024-2025 Stanislaus Urban County CDBG Annual Allocation Agreement 28 STANISLAUS URBAN COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ALLOCATION
AGREEMENT
This COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL
ALLOCATION AGREEMENT ("Agreement") is made by and between the County of Stanislaus ("County") and the Cities of Ceres, Hughson, Newman, Oakdale, Patterson, Riverbank and Waterford (the "City" individually or "Cities" collectively) on July 1, 2025 (the "effective date").
WITNESS ETH
WHEREAS, County of Stanislaus has applied for and is qualified to receive an entitlement grant under the Community Development Block Grant ("CDBG") program for Fiscal Year 2025- 2026 (July 1, 2025 to June 30, 2026) in the amount $2,302,867 as an "Urban County" as set forth under Title I of the Housing and Community Development Act of 1974; and WHEREAS, County has received such a CDBG grant award from the U.S. Department of Housing and Urban Development ("HUD") under Title I of the Housing and Community Development Act of 1974, as amended (United States Code, title 42, section 5301 et seq. (hereinafter "42 U.S.C. § 5301 et seq. U.S.C. 24 CFR § 570.206"); the "Act"); and WHEREAS, pursuant to such grant and to the Board of Supervisors Board Resolution No. 2025-0237 approved on May 13, 2025 (Agenda Item #7.1), County is undertaking certain programs and services necessary for the planning, implementation, or execution of such a Community Development Block Grant Program; and
WHEREAS, County and Cities desire to enter into this allocation Agreement for the purpose of designating each Urban County member City as a CDBG subrecipient; and WHEREAS, the parties desire that CDBG entitlement funds received by County as an "Urban County" be shared proportionally, as determined by poverty and population formula, among the parties;
NOW, THEREFORE, the parties hereto do mutually agree as follows:
1. INTERPRETATION
1.1 Multiple Parties; Separate Obligations. This Agreement is entered into by and between County and each of the Cities of Ceres, Hughson, Newman, Oakdale, Patterson, Riverbank, and Waterford. References to "City" in this Agreement shall mean each City individually and severally. Each City's obligations, rights, and liabilities under this Agreement are individual and separate, and no City shall be responsible for the obligations or liabilities of any other City.
1.2 Application of Terms. Where this Agreement refers to "City" in the singular, such reference shall apply to each City separately as to its own allocation, activities, and performance under this Agreement. Each City shall be deemed to have entered into a separate subrecipient agreement with County, the terms of which are set forth in this Agreement.
FY 2025-2026 Stanislaus Urban County CDBG Annual Allocation Agreement 1 1.3 Joint Provisions. Notwithstanding Section 1.1, prov1s10ns of this Agreement that reference all Cities collectively, including but not limited to the allocation table in Section 2.1, shall apply to all Cities jointly as the context requires.
2. FUNDING PROVISIONS
2.1 County and each City shall receive an allocation based upon a population and poverty calculation as set forth below:
Jurisdiction 2025 Activity
Funding
Stanislaus County $ 349,773.00
Ceres $ 205,497.00
Hughson $ 154,744.00
Newman $ 142,606.00
Oakdale $ 160,047.00
Patterson $ 171,748.00
Riverbank $ 138,373.00
Waterford $ 209,076.00
TOTAL $ 1,531,864.00
In the event that HUD reduces the Urban County CDBG allocation, each allocation will be reduced proportionately.
(a) In accordance with 24 CPR§§ 570.200-570.204, each City may use up to $5,000 of their total allocation for administrative expenses and up to twenty percent (20%) of its total allocation for activity delivery costs. Activity delivery expenditures shall not exceed twenty percent (20%) of the total amount allocated to each City as identified in the table above.
2.2 County shall also receive an amount not to exceed twenty percent (20%) per year of the total Fiscal Year 2025-2026 CDBG entitlement funds for eligible general administrative services as defined in the Code of Federal Regulation, Title 24, Part 570, Subpart 206 (hereinafter 42 USC 5301 et seq.; the "Act")
2.3 which amount shall be set aside prior to any allocation of funds to County and Cities under Section 2 of this Agreement.
(a) An amount not to exceed $25,000 of the available administrative funding shall be allocated for Urban County Fair Housing activities, as defined in 24 CFR 570.206( C ).
2.4 An amount not to exceed fifteen percent (15%) of the total Fiscal Year 2025-2026 CDBG entitlement funds, shall be allocated for eligible public services, as defined in 24 CPR 570.201, and related projects under the Urban County CDBG Public Service Grant Program.
2.5 Upon notification of a City's intent to apply for grants available to Urban Counties under applicable law, County, as lead agency, shall apply for such grants on behalf of FY 2025-2026 Stanislaus Urban County CDBG Annual Allocation Agreement 2 that City once determined by the County that the grant is consistent with the Consolidated Plan and Annual Action Plan, and provided the County has the staffing capacity to undertake the application.
2.6 Activities proposed by the Cities insofar as they are consistent with applicable statutes and regulations, shall be processed for inclusion by County in the Consolidated Plan and Annual Action Plan.
2. 7 Each party has the responsibility to ensure its activities comply with the HUD Certified Fiscal Year 2025-2026 Stanislaus Urban County Annual Action Plan.
2.8 Each party agrees to comply with reporting requirements set forth in 2 CFR 200.500 et seq. regarding standards for obtaining consistency and uniformity among federal agencies for the audit of state, local government expending federal awards.
2.9 Each party shall be strictly accountable for all CDBG entitlement funds allocated to that party.
3. SCOPE OF WORK
3.1 General Scope. City shall utilize CDBG funds to deliver its activities as described in the Fiscal Year 2025-2026 Stanislaus Urban County Annual Action Plan, as certified by HUD. The Annual Action Plan contains the description of the work to be performed, a schedule for completing the work, and the estimated budget.
3.2 Term. This Agreement shall be in effect from July 1, 2025, until June 30, 2026, or until all Fiscal Year 2025-2026 CDBG funds are disbursed to City. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which City remains in control of CDBG funds or other CDBG assets, including program income.
4. COMPENSATION
4.1 Allocation Amount. City shall be paid through reimbursements the total compensation amount as indicated in Sections 2.1 and 2.3 above for the CDBG-eligible activities.
4.2 Funding Drawdowns. All requests for grant fund drawdowns shall be requested as needed throughout the fiscal year by City. Drawdowns may be required and shall be provided as requested by County.
4.3 Certification of Expenses. In every case, draws will be disbursed to City subject to receipt of a Request for Funds ("RFF") specifying and certifying that such expenses are in conformance with this Agreement, and that City is entitled to receive the amount requisitioned under the terms of this Agreement. With each RFF an official authorized to bind City shall certify that "By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (18 U.S.C. § 1001; 31 U.S.C. §§ 3729-3730, 3801-3812)." City shall make such other certifications as FY 2025-2026 Stanislaus Urban County CDBG Annual Allocation Agreement 3 required by 2 CFR 200 .415.
Grant fund draw requests will be dispersed upon request provided: (1) the RFF is returned with original authorized signatures; and (2) that all requests are accompanied with back-up documentation verifying all requested expenses are specific to carrying out the grant activity scope.
4.4 Authorized Personnel. Person executing this agreement on behalf of City shall notify County in writing of all authorized personnel who shall be empowered to file requests for funds pursuant to this Agreement.
4.5 Salaries. The salaries paid under this Agreement shall be in accordance with the following: 2 CFR 200.430 and 24 CFR 570.206. City shall submit time sheets to document expenses for staff. Time sheets shall list the grant specifically and hours spent on the grant noted.
Only hours spent on the grant will be paid, based on the hourly rate. If the employee is on salary, salary will be calculated based on the hours worked. If the total number of hours worked is not listed, then hourly rate will be based on an average 40-hour work week.
Fringe benefits, which includes taxes and insurance costs paid by the City on behalf of the staff person working on the grant, but does not include overhead costs, may be paid in accordance with 2 CFR 200.431. Paid Time-off ("PTO"), paid to employees during periods of authorized absences from the job, such as vacation leave, sick leave, military leave, and the like, are NOT eligible expenses. Such costs are considered basic costs, not related to specific grant activity, and shall be covered by the City. Overtime or bonuses are not allowable expenses. Expenses related to travel are ineligible, except where gas costs have been incurred directly related to implementation of program activities.
5. USE OF FUNDS
5.1 General Use of Funds. Use of funds received pursuant to this Agreement shall be in accordance with the requirements of the Act, 24 CFR 570, and other regulations governing the Community Development Block Grant Program, and any amendments or policy revisions thereto which shall become effective during the term of this Agreement. Further, any funded activity must be designed or so located as to principally benefit low/moderate income persons, aid in the prevention or elimination of slums or blight, or meet urgent community development needs, as defined in the program regulations.
5.2 Federal Funding Requirements. The CDBG allocation is funded by HUD.
City must comply with all of the rules and regulations required by HUD, which are set forth throughout this Agreement and in the HUD CDBG Addenda, which is attached hereto as Attachment 2. City shall not perform any act, fail to perform any act, or refuse to comply with any County requests that would cause County to be in violation of County's agreement with HUD.
5.3 Compliance with Local Code. City agrees to implement all activities supported with CDBG grant funds in compliance with all local codes and ordinances, including obtaining all necessary permits for such activities.
5.4 Ineligible Uses of Funds. In the event that City is found to have expended FY 2025-2026 Stanislaus Urban County CDBG Annual Allocation Agreement 4 grant funds for ineligible activities, pursuant to 24 CFR 570.207 and 2 CFR 200.420-200.476, such funds shall be returned to the County.
5.5 Failure to Complete Project- Repayment Obligation. City acknowledges that CDBG funds are provided for the sole purpose of completing the approved activities identified in the HUD-certified Fiscal Year 2025-2026 Stanislaus Urban County Annual Action Plan and any County-approved amendments thereto.
In the event that City fails to move forward with, materially alters without County approval, abandons, or fails to complete an approved CDBG-funded project after funds have been expended and reimbursed by the County, City shall be financially liable to the County for the full amount of CDBG funds expended for that project, unless otherwise approved in writing by County.
Repayment shall be made to the County upon written demand and shall be treated as program income or returned funds, as determined by the County in accordance with HUD regulations.
County's right to repayment shall survive expiration or termination of this Agreement. The repayment obligation described in Section 5.5 shall apply regardless of whether this Agreement is terminated or expires.
5.6 Timely Expenditure Requirement. City acknowledges that the County, as the HUD entitlement grantee, is subject to federal timeliness and expenditure requirements for CDBG funds, including requirements enforced by HUD to ensure funds are expended within a reasonable period of time. Consistent with those requirements, City agrees to expend all CDBG funds allocated under this Agreement within six (6) years from the effective date of this Agreement, unless otherwise approved in writing by the County.
5. 7 Five Year Action Plan Requirement. If, at any time following five (5) years from the effective date of this Agreement, City has not fully expended its allocated CDBG funds, City shall, upon written request by the County, submit a written corrective action plan acceptable to the County. The action plan shall, at a minimum, identify barriers to expenditure, propose specific corrective actions, and include a realistic schedule demonstrating how all remaining funds will be fully expended within the six-year period.
5.8 Reversion of Funds After Six Years. If City fails to fully expend its allocated CDBG funds within six (6) years from the effective date of this Agreement, and absent written approval by the County for an extension, any unexpended CDBG funds shall automatically revert to the County for reallocation and use in accordance with HUD regulations and the current HUD approved Consolidated Plan., City shall have no further claim to such reverted funds.
5.9 No Waiver of Other Remedies. The remedies set forth in this section are in addition to, and not in limitation of, any other rights or remedies available to the County under this Agreement, federal law, or HUD regulations, including termination, recapture, or repayment of funds, as applicable.
5.10 Program Income. Program income shall be handled in accordance with Section 24 CFR 570.504(c). City shall report to County any income generated by the expenditure of CDBG funds. Such program income may be retained by City to be used for CDBG eligible activities and must be accounted for and kept separately from other funds in compliance with CDBG regulations. County has the responsibility of monitoring and reporting to HUD on the use FY 2025-2026 Stanislaus Urban County CDBG Annual Allocation Agreement 5 of program income, thereby requiring appropriate record keeping and reporting by City as may be needed for this purpose. At the end of the Term, County may require remittance of all or part of any program income balances (including investments thereof) held by City ( except those needed for immediate cash needs, cash balances of a revolving loan fund, cash balances from a lump sum drawdown, or cash or investments held for section 108 security needs) pursuant to 24 CFR 570.503(b )(3).
5.11 Termination of Contract. Pursuant to 2 CFR 200.339, suspension or termination of this Agreement may occur if City materially fails to comply with any term of the grant agreement, or for convenience, as set forth in Section 15 below. City may not terminate an Assignment of Proceeds and Grant of Lien without written consent of County. All reports or accounting provided for herein shall be rendered whether or not falling due within the Agreement period.
5.12 Reversion of Assets. Upon grant expiration, termination, or upon City becoming insolvent, City shall transfer to County any grant funds on hand at the time of expiration and any accounts receivable attributable to the use of said grant funds. Any real property under City's control that was acquired or improved in whole or in part with grant funds (including grant funds provided to City in the form of a loan) shall be utilized in accordance with Section 5.1 (General Use of Funds), of this Agreement, as long as needed for that purpose. When such property is no longer needed for the originally authorized purpose set forth in Section 5 .1 of this Agreement, County shall obtain disposition instructions from HUD which shall provide for one of the disposition alternatives set forth in 2 CFR 200.311 ( d). All returned grant funds or payments, if any, shall be treated by County as program income.
6. PROGRAM ACTIVITY ELIGIBILITY
6.1 General Eligibility. Eligibility of program activities shall be evaluated and documented by City prior to identifying in the Annual Action Plan to determine if activities meet the eligibility criteria established under 24 CFR 570.208. Eligibility of program activities, including an evaluation for consistency with an Urban County-approved and HUD-certified Annual Action Plan, shall be conducted prior to any release of funds by the County. All activities funded with CDBG funds must meet one of the CDBG program's National Objectives as defined in 42 U.S.C. 5304(b)(3), as amended, and 24 CFR 570.483.
6.2 Income Standards. City agrees to use the standards, in effect at the time of assistance, to determine income eligibility and the verification requirements for entry into the CDBG Program. The method of income eligibility must be determined based on the National Objective being met and scope of CDBG activity to be carried out.
6.3 Eligible Urban County Areas. Program beneficiaries must reside within the income eligible Urban County areas as defined by HUD and Stanislaus County. These areas include the CDBG eligible Census Block Groups within the cities of Ceres, Hughson, Newman, Oakdale, Patterson, Riverbank, Waterford, and the unincorporated areas of Stanislaus County.
6.4 Environmental Review Record. City is responsible for preparing the environmental review record for any project assisted through this Agreement in compliance with the California Environmental Quality Act, the National Environmental Protection Act, and 24 CFR FY 2025-2026 Stanislaus Urban County CDBG Annual Allocation Agreement 6 58 et seq. A copy of any such review shall be sent to County for County's review, approval, and formal signature as the Responsible Entity, prior to City entering into a commitment of CDBG funds for the subject activity. The environmental review record shall include, but not be limited to, all documents which have been prepared, circulated, posted, or published to reflect an environmental determination made by City. City's CDBG activity delivery funds may be used to cover costs associated with environmental review compliance by County, if outside consulting services are required to be used by County. An estimate of costs associated with environmental review compliance shall be provided by County to City for review and approval prior to any expenditure. County shall be provided with costs associated with the City use of consulting services associated with environmental review compliance before any expenditure. Any CDBG funding used to cover costs associated with the environmental review record shall be an activity delivery cost. No project activity funds, beyond County-authorized activity delivery funds, shall be utilized or encumbered for any activity until County approval of the environmental record for said activity has occurred. The City shall be responsible for repayment of activity delivery fees used to cover environmental review costs for any project that does not move forward to completion within the time allowed under this agreement.
7. DATA COLLECTION, REPORTING AND MAINTENANCE OF
RECORDS
7.1 Documentation. Implementation of program activities, including determinations of eligibility, evidence of eligible activity costs, fiscal management, and CDBG contract and subcontract records shall be documented. City 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 ofreal 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 2 CFR 200.334; and (7) Other records necessary to document compliance with Subpart K of 24 CFR Part 570.
7.2 Quarterly/Closeout Reports. City agrees to submit quarterly program status reports to County, in conformance with the requirements of CDBG and 2 CFR 200.301, including an estimate of the number of jobs created and/or retained by CDBG funds as well as any other information that is requested on the date of their monitoring appointment or by the deadline indicated within their monitoring letter. In addition, City shall submit, no later than thirty (30) days after the expiration of this Agreement, any required close-out report, in conformance with the requirements of 2 CFR 200.344.
7.3 HUD Sponsored Research. Upon request, City shall participate in HUDsponsored research and evaluation of CDBG during or after the completion of the program.
7.4 Unique Entity Identifier (UEI) and SAM Registration.
City shall maintain an active registration in the federal System for Award Management (SAM.gov) and shall maintain a valid Unique Entity Identifier (UEI) throughout the term of this Agreement.
City shall ensure its SAM.gov registration is renewed annually and remains active in accordance FY 2025-2026 Stanislaus Urban County CDBG Annual Allocation Agreement 7 with federal requirements.
7.5 Data Required. City shall maintain activity beneficiary data such as area demographics, number of housing units, and number of people who will benefit from activities funded with grant funds. City also agrees to report the number of jobs created with CDBG funds, if applicable, in the quarterly report to be provided to County.
7.6 General Records. City shall keep and maintain all project records, books, papers and documents for a period of not less than five (5) years after the project terminates and grants County the option of retention of the project records, books, papers and documents. City agrees to keep all necessary books and records, including property, personnel and financial records, in connection with the operations and services performed under this Agreement, and shall document all transactions so that all expenditures may be properly audited. County, HUD, and any authorized representatives shall have access to and the right to examine all records, books, papers or documents related to the project for the purposes of making audit, evaluation, examination, excerpts and transcripts during normal business hours and during the period such records are to be maintained by City. Further, County and HUD shall have the right at all reasonable times to audit, inspect or otherwise evaluate the work performed or being performed under this Agreement.
7. 7 Privacy Procedures. City shall develop and implement reasonable procedures to ensure: (1) the confidentiality of records pertaining to all program participants; and (2) that program participant's addresses will not be made public, except to the extent that this prohibition contradicts a preexisting privacy policy of the City.
7.8 Audit Provision. City agrees to provide to County, at City's cost, a certified audit performed by an accredited certified public accountant, of all funds received or utilized by City, including the distribution of any CDBG Grant Funds for Fiscal Year 2025-2026 and previous fiscal years. City agrees to provide additional audits upon request.
8. UNIFORM ADMINISTRATIVE REQUIREMENTS
8.1 General Uniform Administrative Requirements. City shall comply with 24 CFR 570.502 and the requirements and standards of 2 CFR 200.420-200.475.
8.2 Reasonable Grant Costs. County reserves the right to determine whether or not a request for CDBG grant fund reimbursement is reasonable. A cost is considered to be reasonable if, in its nature or amount, it does not exceed that which would be incurred by a prudent person under the circumstances prevailing at the time the decision was made to incur the costs. In determining the reasonableness of a given cost, consideration shall be given to: (1) whether the cost is of a type generally recognized as ordinary and necessary for the operation of the City or the performance of the award; (2) the restraints or requirements imposed by such factors as generally accepted sound business practices, arms length bargaining, federal and state laws and regulations, and terms and conditions of the award; (3) whether the individuals concerned acted with prudence in the circumstances, considering their responsibilities to the City, its members, employees, and clients, the public at large, and the Federal Government; and ( 4) significant deviations from the established practices of the City which may unjustifiably increase the award costs.
8.3 Allocable Grant Costs. County reserves the right to determine whether or FY 2025-2026 Stanislaus Urban County CDBG Annual Allocation Agreement 8 not a request for CDBG grant fund reimbursement is allocable, consistent with applicable federal regulations. A cost is considered to be allocable if it: (1) is incurred specifically for the award; (2) benefits both the award and other work and can be distributed in reasonable proportion to the benefits received; or (3) is necessary to the overall operation of the City, although a direct relationship to any particular cost objective cannot be shown.
8.4 Procurement.
(a) Compliance. City must follow federal procurement rules when purchasing services, supplies, materials, or equipment. The applicable federal regulations are contained in 2 CFR Sections 200.317-200.327 and 24 CFR Section 570.502 and 570.610. In addition to federal regulations, City shall comply with applicable laws and regulations adopted by the State of California or County ordinances regarding procurement. The procurement process shall include the following: (1) Identify and clearly specify standards for the goods or services; (2) When required, seek competitive offers to obtain the best possible quality at the best possible price; (3) Use a written agreement that clearly states the responsibilities of each party; (4) Keep and maintain reliable records; and (5) Have a quality assurance system that documents that funds were used in full compliance with this Agreement and applicable law. (b) Prohibition on certain telecommunications and video surveillance equipment or services. City must comply with the prohibition on certain telecommunications and video surveillance equipment or services stated in 2 CFR Part 200.216.
9. HOLD HARMLESS AND INDEMNITY AGREEMENT
9.1 General Indemnification. City shall hold County, its agents, officers, employees, and volunteers, harmless from and save, defend, and indemnify them against any and all claims, losses, liabilities and damages from every cause, including but not limited to claims arising from the City's breach or this Agreement or claims arising directly or indirectly out of any act or omission of City, whether or not the act or omission arises from the sole negligence or other liability of City, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement.
9.2 Liability and Fees. County shall not be responsible or liable for any debts, actions, obligations, negligence, or liabilities committed or incurred by City, its staff or program participants, and City hereby agrees to defend, hold harmless and indemnify County from and against any and all such liabilities for debts and obligations. No draw, however, final or otherwise, shall operate to release City from any obligations under this Agreement.
10. NON-DISCRIMINATION AND EQUAL OPPORTUNITY
10.1 Compliance with Fair Housing and Civil Rights Laws. (1) During the performance of this Agreement, City and its officers, employees, agents, representatives or subcontractors shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any employee, applicant for employment or person receiving services under this Agreement because of race, religious creed, color, national origin, ancestry, physical or mental disability including perception of disability, medical condition, genetic information, pregnancy related condition, marital status, gender/sex, sexual orientation, gender identity, gender expression, age ( over 40), political affiliation or belief, or military and veteran status. (2) City shall include FY 2025-2026 Stanislaus Urban County CDBG Annual Allocation Agreement 9 the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement. (3) City shall provide a system by which recipients of service shall have the opportunity to express and have considered their views, grievances, and complaints regarding the City's delivery of services. (4) City agrees to comply with all applicable fair housing, nondiscrimination and civil rights requirements including all applicable federal, state and local laws and regulations related to non-discrimination and equal opportunity, including without limitation; (a) County's nondiscrimination policy; (b) the California Fair Employment and Housing Act (Cal.
Gov. Code Sections 12900 et seq.); (c) Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended; ( d) Federal Civil Rights Act of 1964 (P.L. 88-352), as amended; ( e) Section 504 of the Rehabilitation Act of 1973; (f) Section B of Title I of the Housing and Community Development Act of 1974; (g) Title II of the Americans with Disabilities Act of 1990; (h) Section 24 CFR 5.105; (i) all applicable regulations promulgated in the California Code of Regulations or the Code of Federal Regulations. (5) City agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. ( 6) City will, in all solicitations or advertisements for employees placed by or on behalf of City, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, age, handicap, sexual orientation, ancestry, national origin, familial status, or any other basis prohibited by applicable law. (7) If the procedures that the grantee intends to use to make known the availability of services are unlikely to reach persons of any particular race, color, religion, sex, age, national origin, familial status, or disability who may qualify for such services, then City must establish additional procedures that will ensure that such persons are made aware of the services.
10.2 Small Business, Minority Business, Women's Business Enterprises, Veteran-Owned Businesses, and Labor Surplus Area Firms. City shall carry out applicable requirements of2 CFR Section 200.321 in the award and administration of this Agreement. Failure by City to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as County deems appropriate. City must, at a minimum, take the following steps to consider the use of small businesses, minority businesses, women's business enterprises, veteran-owned businesses, and labor surplus area firms:
(a) Placing these qualified businesses on solicitation lists; (b) Assuring that these businesses are solicited whenever they are potential sources; ( c) Dividing procurement transactions into separate procurements when economically feasible to permit maximum participation by these businesses; ( d) Establishing delivery schedules that encourage participation by these businesses; and ( e) Utilizing such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.
10.3 Equal Participation of Religious Organizations. City agrees that funds provided under this Agreement will not be utilized for inherently religious activities prohibited by 24 CFR 570.200G), such as worship, religious instruction, or proselytization. City shall not, in providing program assistance, discriminate against a program participant or prospective program participant on the basis of religion or religious belief.
10.4 HUD Section 3 Compliance. City agrees to comply with the rules and regulations set forth under Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C.l 70lu), as amended, and the HUD regulations issued pursuant thereto under 24 CFR 135.
This act requires that, to the greatest extent feasible, opportunities for training and employment be directed to low and very-low-income persons, particularly those -recipients of government FY 2025-2026 Stanislaus Urban County CDBG Annual Allocation Agreement 10 assistance for housing, and to business concerns that provide economic opportunities to low and very-low-income persons.
10.5 Americans with Disabilities Act (ADA) of 1990 and Architectural Barriers Act of 1968. City shall comply with the Architectural Barriers Act of 1968 (42 U.S.C. 4151 et seq.), which ensures that all federally funded facilities be designed, constructed, or altered to ensure accessibility and use by disabled persons, and the Americans with Disabilities Act (ADA) of 1990 ( 42 U.S.C. 12101 et seq.), which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines.
10.6 Labor Standards and Davis-Bacon and Related Act Requirements.
City shall comply with all applicable federal labor standards, as set forth in Section 1 l0(a) of Title I of the Housing and Community Development Act of 1974, as amended (42 U.S.C. 5310 et seq.) and Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5.
10. 7 Whistleblower Protections. An employee of City must not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a person or body described in 41 U.S.C. 4712(a)(2) information that the employee reasonably believes is evidence of gross mismanagement of a Federal contract or grant, a gross waste of Federal funds, an abuse of authority relating to a Federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a Federal contract (including the competition for or negotiation of a contract) or grant. City must inform their employees in writing of employee whistleblower rights and protections under 41 U.S.C. 4712. See statutory requirements for whistleblower protections at 10 U.S.C. 4701, 41 U.S.C. 4712, 41 U.S.C. 4304, and 10 U.S.C. 4310.
10.8 Displacement, Relocation, Acquisition and Replacement of Housing.
Consistent with 24 CFR 570.606 and the Stanislaus Urban County's Anti-Displacement and Relocation Policy Plan, City shall take all reasonable steps to minimize the displacement of all persons as a result of project activities.
10.9 Eligibility Restrictions. City agrees to comply with applicable eligibility restrictions for certain resident aliens, as set forth in 24 CFR 570.613.
11. CONSTRUCTION CONTRACTS
11.1 Contract Provisions. City and County agree to include the following contract prov1s1ons in any construction contracts utilizing funds received pursuant to this Agreement: (1) Equal Employment Opportunity. Except as otherwise provided under 41 CFR 60, all construction contracts shall include the equal opportunity clause provided under 41 CFR 60-
1.4(b ). (2) Davis-Bacon Act. All prime construction contracts in excess of $2,000 shall include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, 3146-3148).
Contractors shall pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must pay wages not less than once a week. City or County shall include a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. City or County shall report all suspected or reported violations to HUD. (3) Copeland "'Anti-Kickback" FY 2025-2026 Stanislaus Urban County CDBG Annual Allocation Agreement 11 Act. All construction contracts shall include a provision for compliance with the Copeland "AntiKickback" Act (18 USC 874; 40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR 3), prohibiting the contractor from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. City shall report all suspected or reported violations to HUD. (4) Contract Work Hours and Safety Standards. Any construction contract in excess of $100,000 that involves the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR 5), which require each contractor to compute the wages of mechanics and laborers on the basis of a standard work week of forty ( 40) hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for hours worked in excess of the standard 40-hour work week. In addition, no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous. (5) Byrd Anti-Lobbying Amendment.
Any construction contract in excess of $100,000 shall require the contractor to file the required Byrd Anti-Lobbying certification, certifying that the contractor will not and has not used federal funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence a federal contract, grant, or award, the contractor shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (6) Build America, Buy America (BABA) Act, 41 U.S.C. § 8301 note, and all applicable rules and notices, as may be amended, if applicable. Pursuant to HUD's Notice, "Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy America Provisions as Applied to Recipients of HUD Federal Financial Assistance" (88 Fed. Reg. 17001), BABA requirements apply to any infrastructure projects HUD has obligated funds for after the effective dates, unless excepted by a waiver.
11.2 Debarment and Suspension. No contract may be awarded to parties listed on the government-wide exclusions in the System for Award Management, in accordance with the 0MB guidelines at 2 CFR 180.
12~ CONFLICTS OF INTEREST
12.1 Hatch Act Incorporated. Neither City program nor the funds provided therefore, nor the personnel employed in the administration of the program shall be in any way or to any extent engaged in the conduct of political activities in contravention of Chapter 15 of Title V of the U.S.C.
12.2 Conflict of Interest. City shall comply with 2 CFR 200.112, and 24 CFR 570.611, and all applicable federal standards of ethical conduct, which prohibit any employee, officer, or agent of City from participating in the selection, award, or administration of a federally funded contract if a real or apparent conflict of interest would be involved. With respect to all other decisions involving the use of CDBG funds, the following restriction shall apply: No person who is an employee, agent, consultant, officer, or elected or appointed official of City and who exercises or has exercised any functions or responsibilities with respect to assisted activities, or FY 2025-2026 Stanislaus Urban County CDBG Annual Allocation Agreement 12 who is in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract, or agreement with respect thereto, or the proceeds thereunder, either for himself or herself or for those with whom he or she has family or business ties, during his or her tenure or for one year thereafter.
12.3 Lobbying and Disclosure Requirements. City certifies that no state or federally appropriated funds have been paid, or will be paid for lobbying activities, in contravention of 2 CFR 200.450 or the Byrd Amendment (31 U.S.C. 1352) and its implementing regulations at 24 CFR 87. If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence this Agreement, City shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S.C.
Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
12.4 Campaign Contribution Disclosure. City certifies that it has complied with the campaign contribution disclosure provisions of the California Levine Act (Cal. Gov. Code Section 84308) and has provided the appropriate disclosures to County.
13. DRUG-FREE WORKPLACE
13.1 Drug-free Workplace. City will maintain a drug free workplace and will comply with the Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et seq.) and HUD's implementing regulations at 24 CFR 2429.
14. ENVIRONMENTAL LAW COMPLIANCE
14.1 Lead Poisoning Prevention Act. City agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570.608, and 24 CFR 35, Subpart B.
Such regulations pertain to all CDBG-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards oflead-based paint and explain the symptoms, treatment, and precautions that should be taken when dealing with leadbased paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment, and/ or abatement may be conducted.
14.2 Clean Air Act and Federal Water Pollution Control Act. Per 2 CFR Part 200 App. II(G) in carrying out this Agreement, City agrees to comply with all applicable standards, orders, and regulations issued pursuant to the Federal Clean Air Act ( 42 USC 7401 et seq.) and the Federal Water Pollution Control Act (33 USC 1251 et seq.), as amended. Violations must be reported to the County, HUD, and the Regional Office of the EPA. City will include these FY 2025-2026 Stanislaus Urban County CDBG Annual Allocation Agreement 13 requirements in each subcontract exceeding $150,000 that receives any federal funding.
14.3 National Environmental Policy Act (NEPA) and California Environmental Quality Act (CEQA) Compliance. City shall comply with all applicable standards, orders or regulations issued pursuant to NEPA (42 U.S.C. 4321 et seq.) and/or CEQA (Cal. Public Resources Code Sections 21000 et seq.).
14.4 Historic Preservation. City agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, state, or local historic property list.
14.5 Flood Disaster Protection. In accordance with the requirements of the Flood Disaster Protection Act of 1973 ( 42 U.S.C. 4001 ), City shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation).
15. TERMINATION OF SERVICES AND REVERSION OF ASSETS
15.1 Termination of Contract and Reversion of Assets. It is expressly understood and agreed that either party shall have the right to terminate this Agreement upon fifteen (15) days written notice to the other party. Such notice shall include the reasons for termination. (1) City may not terminate an Assignment of Proceeds and Grant of Lien without written consent of County. All reports or accounting provided for herein shall be rendered whether or not falling due within the Agreement period. (2) County reserves the right to terminate this Agreement or to reduce the Agreement compensation amount for cause, or if City fails to comply with the terms and conditions of an award, including: (a) failure of City to file required reports; (b) failure of City to meet project dates; ( c) expenditure of funds under this Agreement for ineligible activities, services or items; or ( d) failure to comply with written notice from County of substandard performance in scope of work under the terms of this Agreement. (3) Should County choose to terminate this Agreement the following steps shall be followed: ( a) written warning to City by County including steps to bring project into compliance with time frame; (b) notification by County that said project has been determined deficient and that continued support of the project is not providing an adequate level of services to low/moderate income people; and ( c) written notification from County that said Agreement is to be terminated and program funds curtailed, withdrawn, or otherwise restricted. (4) Upon expiration or termination of this Agreement, City shall transfer to the County any CDBG funds on hand at the time of expiration or termination and any accounts receivable attributable to the use of CDBG funds.
15.2 Insolvency. If the City becomes insolvent, all unused CDBG funds shall be returned to the County for disposition.
FY 2025-2026 Stanislaus Urban County CDBG Annual Allocation Agreement 14 16. GENERAL TERMS AND CONDITIONS
16.1 Other program requirements. City agrees to carry out each activity in compliance with all federal laws and regulations described in subpart K of 24 CFR 570, except that City does not assume County responsibility for initiating the process of reviewing federal financial assistance programs under the provisions of 24 CFR 52.
16.2 Assignment. Without written consent of County, this Agreement is not assignable by City, either in whole or in part.
16.3 Amendment. The County's Director of Planning and Community Development may amend, revise or supplement the Agreement by "Administrative Amendment" in order to maintain compliance with applicable laws and regulations upon written notice to the other parties. The Administrative Amendment shall be effective upon execution by the County's Director of Planning and Community Development and delivery to all parties. Amendments which modify the substantive terms of the Agreement shall be approved by the County's Director of Planning and Community Development and the City Manager of each of the Cities or his/her designee.
16.4 Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein, and the Agreement shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party, the Agreement shall forthwith be physically amended to make such insertion or correction.
16.5 onstruction. Headings or captions to the provisions of this Agreement are solely for the convenience of the parties, are not part of this Agreement, and shall not be used to interpret or determine the validity of this Agreement. Any ambiguity in this Agreement shall not be construed against the drafter, but rather the terms and provisions hereof shall be given a reasonable interpretation as if both parties had in fact drafted this Agreement.
16.6 Severability. If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby, and all other parts of this Agreement shall nevertheless be in full force and effect.
16.7 Integration. This Agreement represents the entire understanding of County and City as to those matters contained herein and supersedes all prior negotiations, representations, or agreements, both written and oral. This Agreement may not be modified or altered except in accordance with Sections 2.1, 16.3 or 16.4.
16.8 Notice. Any notice, communication, amendment, addition or deletion to this Agreement, including change of address of either party during the term of this Agreement, which City or County shall be required or may desire to make shall be in writing and may be personally served or, alternatively, sent by prepaid first-class mail to the respective parties as follows:
FY 2025-2026 Stanislaus Urban County CDBG Annual Allocation Agreement 15 To County:
To City:
County of Stanislaus
Department of Planning and Community Development
Attention: Deputy Director of Community Development
1010 Tenth Street, Suite 3400
Modesto, CA 95354
See Attachment 1 - Stanislaus Urban County Notice Information
16.9 Governing Law and Venue. This Agreement shall be deemed to be made under and shall be governed by and construed in accordance with, the laws of the State of California. Any action brought to enforce the terms or provisions of this Agreement shall have venue in the County of Stanislaus, State of California.
16.10 Authorization. City has authorized the undersigned person signing as officers on behalf of City, to enter into this Agreement on behalf of said City and to bind the same to this Agreement, and further that said City has authority to enter into this Agreement and that there are no restrictions or prohibitions contained in any article of incorporation or bylaws against entering into this Agreement.
16.11 Certification Regarding Economic Sanctions Pursuant to California State Executive Order N-6-22. (1) City and its subrecipients shall review their investments and contracts to ensure their compliance with economic sanctions imposed by the U.S. government in response to Russia's actions in Ukraine, as well as any sanctions imposed under state law (collectively, economic sanctions), and to take actions to support the Ukrainian government and people, including by refraining from new investments in, and financial transactions with, Russian institutions or companies that are headquartered or have their principal place of business in Russia (Russian entities), not transferring technology to Russia or Russian entities, and by directly providing support to the government and people of Ukraine. (2) County shall terminate any contract with any individual or entity that is in violation of Executive Order N-6-22 or that is subject to economic sanctions therein and shall not enter a contract with any such individual or entity while the Order is in effect. (3) For contracts valued at $5 million or more, City and its subrecipients shall provide a written report to the County regarding compliance with economic sanctions and steps taken in response to Russia's action in Ukraine, including but not limited to, desisting from making new investments in, or engaging in financial transactions with Russia or Russian entities, and directly providing support to Ukraine, while the Order is in effect.
16.12 Debarment. City and its subrecipients shall represent and warrant, to the best of their knowledge and belief, that neither City, its subrecipients, nor any of their Principals ("Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity) is presently debarred, suspended, proposed for debarment, voluntarily excluded, or involuntarily excluded from receiving a contract from any federal, state or local government or agency, nor has it been declared ineligible for the award of contracts by any federal, state, or local government or agency, nor does it appear on any federal, state or local government's Excluded Parties List System. City and its subrecipients shall provide immediate written notice to County if at any time City and its subrecipients learns that this representation was erroneous when submitted or has become erroneous by reason of changed circumstances. The representations and warranties above are a material representation of fact upon which reliance was placed when entering into this Agreement. If it is later determined that City FY 2025-2026 Stanislaus Urban County CDBG Annual Allocation Agreement 16 and its subrecipients knowingly made a false representation, in addition to other remedies available to County, County may terminate this Agreement.
16.13 No Waiver. County's failure to act with respect to a breach by County does not waive its right to act with respect to subsequent or similar breaches. The failure of County to exercise or enforce any right or provision shall not constitute a waiver of such right or provision.
16.14 Counterparts and Electronic Signatures. This Agreement may be signed in counterparts and shall bind each signatory to the Agreement. Each party agrees that this Agreement and any other documents to be delivered in connection herewith may be electronically signed, and that any electronic signatures appearing on this Agreement, or such other documents are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first hereinabove written.
[SIGNATURES BEGIN ON THE FOLLOWING PAGE]
FY 2025-2026 Stanislaus Urban County CDBG Annual Allocation Agreement 17 COUNTY OF STANISLAUS:
By:
Jody Hayes
Chief Executive Officer
APPROVED AS TO CONTENT:
Angela Freitas, Director
Planning and Community Development Department
By: jJJH~~.~~(~~7 PDT)
Angela Freitas
Director
APPROVED AS TO FORM:
Thomas E. Boze
County Counsel
h 6ut-0. r~ By: ti
Robert J. Taro
Assistant County Counsel
FY 2025-2026 Stanislaus Urban County CDBG Annual Allocation Agreement 18 03/13/2026
Dated
CITY OF CERES:
By:
Javier Lopez
Mayor
ATTEST:
By:
Fallon Martin
City Clerk
APPROVED AS TO CONTENT:
By:
Douglas D. Dunford
City Manager
APPROVED AS TO FORM:
By:
Nubia Goldstein
City Attorney
FY 2025-2026 Stanislaus Urban County CDBG Annual Allocation Agreement 19 Dated
CITY OF HUGHSON:
By: -------------
George Carr
Mayor
ATTEST:
By: ---------- Dominique Romo
City Manager on behalf of City Clerk
APPROVED AS TO CONTENT:
By:
Dominique Romo
City Manager
APPROVED AS TO FORM:
By:
Andy J. Pinasco
City Attorney
Dated
FY 2025-2026 Stanislaus Urban County CDBG Annual Allocation Agreement 20 CITY OF NEWMAN:
By: ----------
Casey Graham
Mayor
ATTEST:
By: ----------
Mike Maier
City Clerk
APPROVED AS TO CONTENT:
By:
Michael E. Holland
City Manager
APPROVED AS TO FORM:
By:
Nubia Goldstein
City Attorney
FY 2025-2026 Stanislaus Urban County CDBG Annual Allocation Agreement 21 Dated
CITY OF OAKDALE:
By:---------- Cherilyn Bairos
Mayor
ATTEST:
By: ---------- Patrick Mondragon
City Clerk
APPROVED AS TO CONTENT:
By: -----------
Jerry Ramar
City Manager
APPROVED AS TO FORM:
By: -----------
Tom Hallinan
City Attorney
Dated
FY 2025-2026 Stanislaus Urban County CDBG Annual Allocation Agreement 22 CITY OF PATTERSON:
By: --- -------- - Mich a el Clauzel
Mayor
ATTEST:
By:
Aracely Alegre
City Clerk
APPROVED AS TO CONTENT:
By:
Fernando Ulloa
City Manager
APPROVED AS TO FORM:
By:
Nubia Goldstein
City Attorney
FY 2025-2026 Stanislaus Urban County CDBG Annual Allocation Agreement 23 Dated
CITY OF RIVERBANK:
By: ------ ---- Rachel Hernandez
Mayor
ATTEST:
By:
Gabriela Hernandez
City Clerk
APPROVED AS TO CONTENT:
By:
Marisela H. Garcia
City Manager
APPROVED AS TO FORM:
By:
Tom Hallinan
City Attorney
Dated
FY 2025-2026 Stanislaus Urban County CDBG Annual Allocation Agreement 24 CITY OF WATERFORD:
By:
Charlie Goeken
Mayor
ATTEST:
By: -------------
Patricia Krause
City Clerk
APPROVED AS TO CONTENT:
By: - ------------
Michael G. Pitcock
City Manager
APPROVED AS TO FORM:
By:
Corbett Browning
City Attorney
FY 2025-2026 Stanislaus Urban County CDBG Annual Allocation Agreement 25 Dated
Attachment 1
Stanislaus Urban County Notice Information
City of Ceres
Department of Planning and Building
2220 Magnolia Street
Ceres, CA 95307
City of Hughson
Department of Community Development
P.O. Box 9
Hughson, CA 95326
City of Newman
Department of Community Development
P.O. Box 787
Newman, CA 95360
City of Oakdale
Department of Community Development
455 S. Fifth Street
Oakdale, CA 95361
City of Patterson
Department of Community Development
P.O. Box 667
Patterson, CA 95363
City of Riverbank
Department of Economic Development and Housing
6707 3rd Street
Riverbank, CA 95367
City of Waterford
City Manager's Office
P.O. Box 199
Waterford, CA 95386
FY 2025-2026 Stanislaus Urban County CDBG Annual Allocation Agreement 26 Attachment 2
HUD CDBG Addenda
The following requirements are incorporated by reference into this Agreement. City agrees to comply with these requirements, as applicable to its use of CDBG funds. The Executive Orders and policy directives summarized in this Exhibit are currently being implemented by the U.S.
Department of Housing and Urban Development (HUD) through guidance, notices, and related compliance measures. While an Executive Order may not yet be codified into federal regulation, HUD has directed grantees and subrecipients to comply with them.
Accordingly, as a condition of this Agreement, the City agrees to make every effort to work collaboratively with the County to address any issues that may arise as a result of these Executive Orders or related HUD directives, and to cooperate in identifying an agreeable and practicable method of achieving federal compliance. The City further agrees to adjust its practices, policies, or program implementation as reasonably required to ensure that the County, as the HUD grantee, remains in compliance with applicable federal requirements.
Addendum 1. Policy Requirements
If applicable:
• This Agreement shall not be governed by Executive Orders revoked by E.O. 14154, including E.O. 14008 or notice of funding opportunity requirements implementing Executive Orders that have been revoked.
• City must administer its program in accordance with immigration restrictions under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1601- 1646), and any applicable requirements that HUD, the Attorney General, or the U.S.
Citizenship and Immigration Services may establish from time to time to comply with PRWORA, Executive Order 14218, or other Executive Orders or immigration laws. • City shall not use CDBG funds in a manner that subsidizes or promotes illegal immigration or that shields undocumented individuals from deportation. • City must use the SA VE system or another federally approved verification system to ensure federal public benefits are not provided to ineligible aliens. • Faith-based organizations may serve as subrecipients on the same basis as any other organization, and no applicant may be discriminated against on the basis of religious character, affiliation, or exercise.
Addendum 2. Program-Specific Requirements
• Environmental Review - City agrees to provide required documentation to the County for the County to comply with all environmental review requirements at 24 CFR Part 58. • City shall ensure that no CDBG funds are used to support any Federal, State, or local projects that seek to use the power of eminent domain, unless eminent domain is employed only for public use. For the purposes of this requirement, public use shall not be construed to include economic development that primarily benefits private entities. Any use of funds for mass transit, railroad, airport, seaport, or highway projects as well as utility projects that benefit or FY 2025-2026 Stanislaus Urban County CDBG Annual Allocation Agreement 27 serve the general public (including energy-, communication-, water-, and wastewater-related infrastructure), other structures designated for use by the general public or which have other common-carrier or public-utility functions that serve the general public and are subject to regulation and oversight by the government, and projects for the removal of an immediate threat to public health and safety or brownfield as defined in the Small Business Liability Relief and Brownfields Revitalization Act (Pub. Law No. 107-118) shall be considered a public use for purposes of eminent domain.
• Violence Against Women Act Compliance - City must comply with the right to report crime and emergencies protections at 34 U.S.C. § 12495, ensuring protections for victims of domestic violence, dating violence, sexual assault, and stalking.
By signing the Agreement, City certifies compliance with the above Addenda, which are incorporated as material terms and conditions of this Agreement. 2001135.2
2023297.1
FY 2025-2026 Stanislaus Urban County CDBG Annual Allocation Agreement 28