Agenda packet — Orange Cove City Council, December 13, 2023

AGENDA

ORANGE COVE CITY COUNCIL

REGULAR MEETING
Wednesday, December 13, 2023
6:30 PM
City of Orange Cove Council Chambers
633 6th St.

Orange Cove, CA 93646

1. CALL TO ORDER/WELCOME
Roll call
Invocation
Flag Salute (Pledge of Allegiance)

2. CONFIRMATION OF AGENDA

3. PRESENTATIONS
• Presentation by the Office of Assemblymember Arambula • Presentation to Orange Cove High School

4. CONSENT
(All items listed under the consent calendar category are considered routine.

The complete consent calendar will be enacted by one motion by ROLL CALL VOTE. For purposes of discussion, any council member may have an item removed from the consent calendar and made part of the regular agenda.

The Council can then approve the remainder of the consent calendar).

4.a. Minutes of the November 08, 2023 Special Council Meeting Cisneros 1 4.b. Minutes of the November 8, 2023 Regular Council Meeting Cisneros

4.c. Minutes of the November 9, 2023 Special Council Meeting Cisneros

4.d. Minutes of the November 20, 2023 Special Council Meeting Cisneros

4.e. Consideration and necessary action on Resolution Patlan No. 2023-53, A Resolution of the City Council of the City of Orange Cove, California, approving the real property purchase and sale agreement and, escrow instructions and a deed of trust and authorizing the City Manager to Executive the Agreement (s) and the related documents.

4.f. Consideration and necessary action on Resolution Patlan No. 2023-54, A Resolution of the City Council of the City of Orange Cove authorizing final acceptance and notice of completion for Martinez Tract No. 6365.

5. REGULAR BUSINESS

5.a. SUBJECT: Consideration and necessary action on Resolution Jimenez No. 2023-55, authorizing Execution of the Contract Documents with the Department of Education for the Purpose of Providing Child Care and Development Services for FY 2023-24.

RECOMMENDATION: Approve Resolution No. 2023-55, authorizing Execution of the Contract Documents with the Department of Education for the Purpose of Providing Child Care and Development Services for FY 2023-24.

5.b. SUBJECT: Consideration and necessary action on Agreement between the City of Orange Cove and Target Eight Advisory Council Inc. relating to Child Development Services under the California Department of Education California State Preschool Program and Facilities Use and Maintenance Agreement between the City of Orange Cove and Target 8 Advisory Council, Inc.

RECOMMENDATION: Approve Agreement between the City of Orange Cove and Target Eight Advisory Council Inc. relating to Child Development Services under the California Department of Education California State Preschool Program and Facilities Use and Maintenance Agreement between the City of Orange Cove and Target 8 Advisory Council, Inc.
2 6. PUBLIC HEARING
• None scheduled

7. ADMINISTRATION

7.a. Public Works Director & City Engineer Dominguez
SUBJECT: Department Report by Assistant City Manager/
Public Works Director Dario Dominguez
RECOMMENDATION: Informational Only

7.b. Building & Planning Department Patlan
SUBJECT: Department Report by Building & Planning
Director Encarnacion "Shun" Patlan
RECOMMENDATION: Informational Only

7.c. Finance Department Jimenez
SUBJECT: Department Report by Assistant Finance Director Danny Jimenez
RECOMMENDATION: Informational Only

7.d. Police Department Peña
SUBJECT: Department Report by Police Chief Javier Peña
RECOMMENDATION: Informational Only

7.e. Orange Cove Fire Protection District Greenwood
None Scheduled

8. PUBLIC COMMENTS
Notice(s) to the Public: This is the opportunity for any member of the public to address the City Council on any item over which the Council has jurisdiction. No action or discussion will be taken on any item not on the agenda. Issues raised will be referred to the City Manager for review. Members of the public shall limit their remarks to three (3) minutes.

9. CITY MANAGER'S REPORT

10. CITY ATTORNEY'S REPORT

11. CITY COUNCIL COMMUNICATIONS

12. CLOSED SESSION
A closed session is needed to discuss the following matter:

Real Property negotiations
Property APN 005-050-051
Agency Negotiator: Daniel T. Parra, City Manager
Negotiating Parties: Tina Sousa
Under Negotiation: Price & terms of payments

13. ADJOURNMENT
ADA Notice: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at (559) 626-4488 ext. 213. Notification 48 hours prior to the meeting will enable the city to make arrangements to ensure accessibility to this meeting.

Documents: Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the front counter at City Hall, Orange Cove, CA during normal business hours. In addition, most documents are posted on City's website at cityoforangecove.com.

STATEMENT ON RULES OF DECORUM AND ENFORCEMENT
The Brown Act provides that members of the public have a right to attend public meetings, to provide public comment on action items and under the public forum section of the agenda, and to criticize the policies, procedures, or services of the city or of the acts or omissions of the city council. The Brown Act also provides that the City Council has the right to exclude all persons who willfully cause a disruption of a meeting so that it cannot be conducted in an orderly fashion.

During a meeting of the Orange Cove City Council, there is a need for civility and expedition in the carrying out of public business in order to ensure that the public has a full opportunity to be heard and that the Council has an opportunity to conduct business in an orderly manner. The following is provided to place everyone on notice of the rules of decorum and enforcement.

GENERAL RULES OF DECORUM
While any meeting of the City Council is in session, the following rules of decorum shall be observed:

1. All remarks shall be addressed to the City Council as a whole and not to any single member, unless in response to a question from a member of the City Council.

2. A person who addresses the City Council under public comment for a specific agenda item or under the Public Forum section of the agenda may not engage in speech or conduct (i) which is likely to provoke others to violent or riotous behavior, (ii) which disturbs the peace of the meeting by loud and unreasonable noise, (iii) which is irrelevant or repetitive, or (iv) which disrupts, disturbs, or otherwise impedes the orderly conduct of any City Council meeting.

3. A person, other than members of the Council and the person, who has the floor, shall not be permitted to enter into the discussion unless requested by the mayor to speak.

4. Members of the City Council may not interrupt a person who has the floor and is making public comments. Members of the City Council shall wait until a person completes his or her public comments before asking questions or commenting. The mayor shall then ask Councilmembers if they have comments or questions.

5. No person in the audience at a Council meeting shall engage in disorderly or boisterous conduct, including the utterance of loud, threatening or abusive language, whistling, stamping of feet or other acts which disturb, disrupt or otherwise impede the orderly conduct of any Council meeting. 5 ENFORCEMENT OF DECORUM RULES
(Resolution No. 2012-16)
While the City Council is in session, all persons must preserve order and decorum. A person who addresses the city council under public comment for a specific agenda item or under the Public Forum section of the agenda may not engage in speech or conduct which is likely to provoke others to violent or riotous behavior, which disturbs the peace of the meeting by loud and unreasonable noise, which is irrelevant or repetitive, or which disrupts, disturbs, or otherwise impedes the orderly conduct of any City Council meeting.

The mayor or other presiding officer shall request that a person who is breaching the rules of decorum cease such conduct. If after receiving such a warning, the person persists in breaching the rules of decorum, the mayor or other presiding officer may order the person to leave the City Council meeting. If such person does not leave, the mayor or presiding officer may request any law enforcement officer who is on duty at the meeting as sergeant-at-arms to remove the person from the Council Chambers. In the event there is no one from law enforcement present, the mayor or presiding officer may direct the City Manager to contact law enforcement.

In accordance with the Point of Order Rule 4.6, the majority of the Council may overrule the mayor if the majority of the Council believes the mayor or other presiding officer is not applying the rules of decorum appropriately.

4.a.

MINUTES

CITY OF ORANGE COVE

SPECIAL CITY COUNCIL MEETING
NOVEMBER 8, 2023
A special meeting of the Orange Cove City Council was called to order at 6:15 p.m. in the Council chambers. Council members answering roll call were Cervantes, Rodriguez, Vacio, Mayor Pro Tem Garcia, and Mayor Silva.

The agenda for this meeting was duly posted in a location visible at all times by the general public twenty-four hours prior to this meeting.

PRESENTATION BY SOUTHERN CALIFORNIA EDISON REGARDING CLEAN FUELS: Mr. Miguel Ramirez and Mr. Blaine Waynemeyer, representatives from Southern California Edison, appeared before the Council to make a presentation regarding blended hydrogen as a clean energy fuel source. They reported that blended hydrogen is very safe and reliable and would provide jobs for Orange Cove area residents. Mr. Ramirez reported that there would be a community meeting on Thursday, November 9, 2023 from 6:00 p.m. to 8:00 p.m. at the Community Center.

After discussion, they were thanked for the presentation.

ADJOURNMENT: There being no further business, the meeting was adjourned at 6:29 p.m.

Respectfully submitted,
Cynthia Cisneros Diana Guerra-Silva
City Clerk Mayor

4.b.

MINUTES

CITY OF ORANGE COVE

REGULAR CITY COUNCIL MEETING
NOVEMBER 08, 2023
A meeting of the Orange Cove City Council was called to order at 6:30 p.m. in the Council chambers. Council members answering roll call were, Vacio, Rodriguez, Cervantes, Mayor Pro Tem Garcia, and Mayor Silva. Also present were Assistant City Manager/Director of Public Works Dominguez, Finance Manager Danny Jimenez, Interim City Clerk Carter and City Clerk Cisneros.

The agenda for this meeting was duly posted in a location visible at all times by the general public seventy-two hours prior to this meeting.

CONSENT CALENDAR: Motion to approve the Consent Calendar was made by Mayor Pro Tem Garcia and seconded by Council member Cervantes. Motion carried with the following vote:

AYES: 5 COUNCIL MEMBERS: Garcia, Cervantes, Rodriguez, Vacio, Silva NOES: 0 COUNCIL MEMBERS: None
ABSTAIN: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
a. Minutes of the October 11, 2023 Regular Council Meeting approved as written.
b. Minutes of the October 20, 2023 Special Council Meeting approved as written.
c. Warrant register for October, 2023 approved as presented. d. RESOLUTION NO 2023-50, A Resolution of the City Council of the City of Orange Cove, California approving the summary vacation of a portion of C Street on the North Side of Sheridan Park limits, as well as a portion of D Street on the South Side of Sheridan Park, pursuant to Division 9, Part 3, California Streets and Highways Code. Resolution approved by standard motion.
e. RESOLUTION NO 2023-49, A Resolution of the City Council of the City of Orange Cove, California authorizing submittal of individual grant application for all grant programs for which the City of Orange Cove is eligible.

Resolution approved by standard motion.

Regular Council Meeting
November 08, 2023

Page 2 ends

CITY COUNCIL & SUCCESSOR AGENCY: Motion to approve Successor Agency RESOLUTION NO. 2023-04, A RESOLUTION OF THE BOARD OF DIRECTORS OF

THE ORANGE COVE SUCCESSOR AGENCY DESIGNATING AUTHORIZING SIGNERS RELATING TO THE LOCAL AGENCY INVESTMENT FUND was made by Board member Rodriguez and seconded by Vice Chairman Garcia. Motion carried with the following vote:

AYES: 5 BOARD MEMBERS: Rodriguez, Garcia, Vacio, Cervantes, Silva NOES: 0 BOARD MEMBERS: None
ABSTAIN: 0 BOARD MEMBERS: None
ABSENT: 0 BOARD MEMBERS: None

DEPARTMENT REPORT BY ASSISTANT CITY MANAGER/PUBLIC WORKS DIRECTOR: Assistant City Manager/Public Works Director Dario Dominguez stepped to the podium and reported on the status of Eaton Park, Sequoia Park, Sheridan Park, and the Park Boulevard project. He also reported that Friant Water will be shutting down the canal on November 12, 2023 for repairs and that the City is ready for the shut- down.

DEPARTMENT REPORT BY THE FINANCE DEPARTMENT: Finance Manager Danny Jimenez stepped forward and reported on receiving a $250,000 COPS grant.

He stated that the grant would be received over the next three years.

DEPARTMENT REPORT BY POLICE CHIEF: Police Chief Pena reviewed the October crime statistics for Council. He then reported that the COPS grant will enable the Police Department to add at least 2 new officers.

UPDATE FROM ORANGE COVE FIRE PROTECTION DISTRICT: Fire Chief Tom Greenwood stepped forward and presented his departments' current status. He also asked the Council to consider donating the Bell-Carter Land to the Fire Protection District.

CITY MANAGER'S REPORT: City Manager Parra reported that it apparently looks like Measure "O" is passing. He reported that the Annual Community Thanksgiving Dinner is scheduled for November 20, 2023, and that there is new video equipment in the Council Chambers which will go live in January 2023. He also stated that there is a Zumba Organization named, De Salud-Social Service Group wanting to hold Zumba Classes for a couple of months at the Orange Cove High School and that the City of Orange Cove may sponsor them by purchasing the required Certificate of Liability Insurance required for their classes.

Regular Council Meeting
November 08, 2023

Page 3 ends

CITY ATTORNEY'S REPORT: City Attorney Dodd reported that the City does belong to the Employee Risk Management Association (ERMA) which is an outside agency that employees can call to report job issues if they don't feel comfortable talking to Human Resources.

CITY COUNCIL COMMUNICATIONS: Mayor Guerra-Silva reported that she will not be present at the Thanksgiving Dinner on November 20, 2023. Mayor Pro-Tem Garcia reported on attending the ICSC Conference in San Diego and that he was able to speak to developers about coming to Orange Cove. He stated that the visit to the Hydrogen Plant had been exciting and that he is hoping Measure "O" passes. He also reported that the Titans Football team will have a playoff game for Division 6.

ADJOURNMENT: There being no further business, the meeting was adjourned at 7:03 Respectfully submitted,
Cynthia Cisneros Diana Guerra-Silva
City Clerk Mayor

4. c.

MINUTES

CITY OF ORANGE COVE

SPECIAL CITY COUNCIL MEETING
NOVEMBER 9, 2023
A special meeting of the Orange Cove City Council was called to order at 11:30 a.m. in the Council chambers. Council members answering roll call were Cervantes, Rodriguez, Vacio, Mayor Pro Tem Garcia, and Mayor Silva.

The agenda for this meeting was duly posted in a location visible at all times by the general public twenty-four hours prior to this meeting.

PUBLIC HEARING - CONSIDERATION AND NECESSARY ACTION ON

RESOLUTION APPROVING AN APPLICATION FOR FUNDING AND THE

EXECUTION OF A GRANT AGREEMENT AND ANY AMENDMENTS THERETO FROM THE 2023 AND/OR 2024 FUNDING YEAR OF THE STATE CDBG PROGRAM:

Mayor Silva opened the public hearing at 11:32 a.m. There being no one to speak for or against the Resolution the public hearing was closed at 11:33 a.m.

After discussion, motion to approve RESOLUTION NO. 2023-51, A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF ORANGE COVE APPROVING AN

APPLICATION FOR FUNDING AND THE EXECUTION OF A GRANT AGREEMENT AND ANY AMENDMENTS THERETO FROM THE 2023 AND/OR 2024 FUNDING YEAR OF THE STATE CDBG PROGRAM was made by Council member Cervantes and seconded by Council member Vacio. Motion carried with the following vote:

AYES: 5 COMMISSIONERS: Cervantes, Vacio, Garcia, Rodriguez, Silva NOES: O COMMISSIONERS: None
ABSTAIN: 0 COMMISSIONERS: None
ABSENT: 0 COMMISSIONERS: None
ADJOURNMENT: There being no further business, the meeting was adjourned at 11:34 a.m..

Respectfully submitted,
Cynthia Cisneros Diana Guerra-Silva
City Clerk Mayor

4.d.

MINUTES

CITY OF ORANGE COVE

SPECIAL CITY COUNCIL MEETING
NOVEMBER 20, 2023
A special meeting of the Orange Cove City Council was called to order at 11:30 a.m. in the Council chambers. Council members answering roll call were Cervantes, Rodriguez, Vacio, Mayor Pro Tem Garcia, and Mayor Silva.

The agenda for this meeting was duly posted in a location visible at all times by the general public twenty-four hours prior to this meeting.

CONFIRMATION OF AGENDA: It was reported that Agenda Item 3.b. relating to the calling of a primary election needed to be pulled from the agenda as it was not needed.

CONSIDERATION AND NECESSARY ACTION ON A RESOLUITION SUBMITTING TO CITY VOTERS AT THE NEXT PRIMARY ELECTION TO BE HELD MARCH 5, 2024, A BALLOT MEASURE RELATING TO ORDINANCE NO. 396 REGARDING

THE CONTINUANCE OF A SPECIAL TAX FOR POLICE AND FIRE SERVICES IN THE CITY OF ORANGE COVE: It was reported that Measure "O" had not been approved by the voters at the recent election held on November 7, 2023 and that staff is recommending that it be placed on the March 5, 2024 primary election ballot.

After discussion, motion to approve RESOLUTION NO. 2023-52, A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF ORANGE COVE SUBMITTING TO CITY VOTERS AT THE NEXT PRIMARY ELECTION TO BE HELD MARCH 5, 2024 A BALLOT MEASURE RELATING TO ORDINANCE NO. 396 REGARDING THE

CONTINUANCE OF A SPECIAL TAX FOR POLICE AND FIRE SERVICES IN THE CITY OF ORANGE COVE was made by Council member Cervantes and seconded by Mayor Pro Tem Garcia. Motion carried with the following vote:

AYES: 5 COUNCIL MEMBERS: Cervantes, Garcias, Rodriguez, Vacio, Silva NOES: 0 COUNCIL MEMBERS: None
ABSTAIN: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None

CONSIDERATION AND NECESSARY ACTION ON RESOLUTION CALLING AND

GIVING NOTICE OF THE HOLDING OF A PRIMARY ELECTION TO BE HELD IN SAID CITY ON TUESDAY, MARCH 5, 2024 FOR THE PARCEL TAX BALLET

MEASURE OF SAID CITY AND REQUESTING THE BOARD OF SUPERVISORS OF

THE COUNTY OF FRESNO TO CONSOLIDATE AND CANVASS THE PRIMARY Special City Council Meeting
November 20, 2023

Page 2 ends

ELECTIONTO BE HELD ON MARCH 5, 2024 WITH THE STATEWIDE GENERAL

ELECTION TO BE HELD ON THAT DATE PURSUANT TO CALIFORNIA ELECTIONS CODE SECTION 10400 ET SEQ.; TO PERMIT THE COUNTY

CLERK/REGISTRAR OF VOTERS OF THE COUNTY OF FRESNO TO RENDER

SPECIFIED SERVICES TO THE CITY OF ORANGE COVE RELATING TO THE

CONDUCT OF SAID PRIMARY ELECTION PURSUANT TO CALIFORNIA ELECTIONS CODE SECTION 10002; AND AUTHIORIZING REIMBURSEMENT FUNDS TO PAY FOR SAID SERVICES: This item was pulled from the agenda earlier in the meeting.

ADJOURNMENT: There being no further business, the meeting was adjourned at 11:39 a.m.

Respectfully submitted,
Cynthia Cisneros Diana Guerra-Silva
City Clerk Mayor
Meetin: 12/13/23
Agenda Item: 4.C.

City Council Meeting
REPORT TO: Orange Cove City Council
REPORT FROM: Shun Patlan, Plannef
AGENDA ITEM: Purchase and Sale Agreement/Raul Santellan ACTION REQUESTED: _Ordinance X Resolution Motion Receive/File RECOMMENDED;
Staff recommends the city council consider taking the following Action:

A. Approve Resolution No. 53 authorizing the City Manager to execute the agreementS).

Background:

On October the 11, 2023 the city council approved the Purchase and Sale Agreement to purchase the 2.5-acre parcel from the owner Mr. Raul Santellan along with the agreed upon terms.

However, an adopted Resolution is being required by the title company to move forward with the escrow. Staff has prepared the attached Resolution and recommends the city council adopt it so that a copy can be forwarded to the title company.

Attachments:

1. Resolution No. 2023-53 authorizing the City Manager to execute the agreements) pertaining to the purchase.

FINANCIAL INFORMATION
FISCAL IMPACT:

1. Is There a Fiscal Impact? NO

2. Is It Currently Budgeted? N/A
Sharo
Prepared By: Approved By:

Reviewed: City Manager: Finance: City Attorney:

Type of Item: Council Action: Approved Denied No Action Consent Public hearing
Info Item _Matter Initiated by a Council Member
Action Item Other
_Department Report Continue To:

Redevelopment Aency
RESOLUTION NO. 2023-53

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE COVE APPROVING

THE REAL PROPERTY PURCHASE AND SALES AGREEMENT AND, ESCROW

INSTRUCTIONS AND A DEED OF TRUST AND AUTHORIZING THE CITY MANAGER TO

EXECUTE THE AGREEMENT (S) AND RELATED DOCUMENTS
WHEREAS, the Raul Santellan(owner) of a 2.50 acre of vacant parcel of land described as APN 378-023-34ST within the City of Orange Cove as shown as attached Exhibit "A" and, WHEREAS, the City Council of the City of Orange Cove has agreed to purchase the

2.50-acre parcel from Raul Santellan per the approved purchase agreement; and, WHEREAS, the City Council has determined that the purchase of said parcel will result in the development of public facilities and affordable housing units; and, WHEREAS, the City and seller have set forth the terms and conditions of the agreements) which are incorporated herein by his reference; and, NOW, THEREFORE, BE IT RESOLVED that the Orange Cove City Council hereby finds:

1. That foregoing recitals and each of them are true and correct and they are each hereby adopted as findings of the City.
2 That the Agreements) as shown as attached herein as proposed between the City of Orange Cove and Raul Santellan (owner); and,

3. That the Mayor and City Manager of the City are hereby authorized to execute the attached agreements) on behalf of the City Council of the City of Orange Cove.

BE IT FURTHER RESOLVED that the Orange Cove City Council approves the attached sales and purchase agreements),
I hereby certify the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted by the City Council of the City of Orange Cove at a meeting held on the 11th day of October 2023, by the following vote:

The foregoing Resolution was duly approved this day October 11, 2023 by the following vote, to wit:

AYES: COUNCIL MEBERS
NOES: COUNCIL MEBERS
ABSTAIN: COUNCIL MEBERS
ABSENT: 0 COUNCIL MEBERS
Attest:

Cynthia Cisneros Diana Guerra-Silva
City Clerk Mayor
Meetin: 12/13/23
Agenda Item: 4. f.

City Council Meeting
REPORT TO: Orange Cove City Council
REPORT FROM: Shun Patlan, Planner
AGENDA ITEM: Martinez Tract Map No. 6365 "Notice of Completion" ACTION REQUESTED: _Ordinance X Resolution _ Motion Receive/File RECOMMENDED:

Staff recommends the city council consider taking the following Action:

A. Approve the Final Acceptance of work for the Martinez Tract No. 6365 and adopt Resolution No. 2023-54_, Authorizing final Acceptance and "Notice of Completion" and authorize City Engineer to record the "Notice of Completion".

Background:

Yanez Construction, a California Corporation has completed the off-site work required for Tract No, 6365. The work has been inspected by the city engineer's office and has been found to be in compliance with the approved plans and specifications. The project included the construction of off-site facilities along with new sidewalks, ramps, water and sewer lines, streetlights, street, etc.

A "Notice of completion and been prepared and will be recording upon approval by the Orange Cove City Council.

Attachments:

1. Resolution No. 2023-54 approving the acceptance of work for the Martinez Tract map No. 6365 and authorizing recording of the "Notice of Completion".

2. "Notice of Completion"

FINANCIAL INFORMATION
FISCAL IMPACT:

1. Is There a Fiscal Impact? NO

2. Is It Currently Budgeted? N/A
Prepared By: _ Approved By:

Reviewed: City Manager: Finance: City Attorney:_
Type of Item: Council Action: Approved Denied No Action _ Consent Public hearing
Info Item _Matter Initiated by a Council Member
Action Item Other
Department Report Continue To:

Redevelopment Aency
RESOLUTION 2023- 54

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE COVE

AUTHORIZING FINAL ACCEPTANCE AND NOTICEOF COMPLETION FOR MARTINEZ TRACT. NO 6365
WHEREAS, Yanez Construction, a California Corporation has completed the offsite work for the Martinez Tract No. 6365:

WHEREAS, the city engineer has inspected the offsite improvements required by the city and by the approved plans and specifications: and
WHEREAS, the city engineer recommends acceptance of Tract No. 6365 and requests the city Council to authorize the City Engineer to record the "Notice of Completion" for the Project.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orange Cove makes the following:

1. Accepts Martinez Tract No. 6365 and authorizes the City Engineer to record the "Notice of Completion.

THE FOREGOING RESOLUTION was passed and adopted by the City Council of the City of Orange Cove the 13th day of December, 2023.

AYES:

NOES:

ABSTAIN:

ABSENT:

Diana Guerra-Silva, Mayor
ATTEST:

I hereby certify that the foregoing is a true copy of a resolution of the City Council duly adopted at a regular meeting thereof held on the 11h day of October 2023.

Cynthia Cisneros
City Clerk

RECORDING REQUESTED
AND RETURN TO:

City of Orange Cove
633 6th Street
Orange Cove, CA. 93646

NOTICE OF COMPELTION
NOTICE IS HEREBY GIVEN:

1. That the City of Orange Cove, California, a Municipal Corporation, whose address is 633 6th.

Street, Orange Cove, Ca. 93646, is the owner of the real property, public works or structure hereinafter described.

2. Thant on 13th day of November. A work of improvements on real property hereinafter described was completed pursuant to a contract to which Division 2, Part 3, Chapter 1, Article 4 of the Public Contract Code applies.

3. That the name of the contractor who performed said work of improvements pursuant to such contract with the city of Orange Cove is Yanez Construction, whose address is 42931 Road 52, Reedley, Ca. 93654 and that the CCIS Bonding & Insurance Services is the surety on said contract.

4. That the real property or public work or structure is described as follows:

Martinez Tract No. 6365, street improvements, sidewalks, ramps, water and sewer lines, streetlights, street, pavement, etc.

5. That the Nature of the owner's interest or estate is: In fee

6. That Resolution No._ _ authorizing acceptance of the construction of and project, is attached.

Date:

City of Orange Cove, A Municipal Corporation

STATE OF CALIFORNIA)
)ss

COUNTY OF FRESNO)
Subscribed and sworn (or affirmed) to before me on this day of December 2023, by Daneil Parra who proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.

I certify under penalty of perjury under the laws of the State of California that the following paragraph is true and correct. Witness my hand and official seal.

Notary Public in and for the County of Freno, State of California Commission Expiration Date

5.a.

Date: December 13th ', 2023
To: Mayor and City Council
From: Nuria Velicescu, Finance Director
Subject: Approval of Resolution Authorizing Execution of Contract Documents with the Department of Education for the Purpose of Providing Child Care and Development Services for FY 2023-

24. Attachments: Resolution No.2023-55
BACKGROUND:

The City of Orange Cove has a contract with the California Department of Education to provide childcare and development services for residents. The local agreement must be approved annually via resolution.

FISCAL IMPACT:

For satisfactory performance of the required services, the contractor (City of Orange Cove) shall be reimbursed in accordance with the Determination of Reimbursable Amount section of the FT &C, at a Maximum Reimbursable Amount Rate (MRA) of $1,912,877.00.

RECOMMENDATION:

For the City Council to approve resolution for the purpose of providing childcare and development services for the fiscal year 2023-2024.

Prepared by: _Ellie Velicescu Approved by:

REVIEW: City Manager: Finance: City Attorney:

TYPE OF ITEM: COUNCIL ACTION: APPROVED DENIED NO ACTION Consent Public Hearing
Info Item Matter Initiated by a Council
Action Item Member
Department Report Other
Redevelopment Agency Continued to:

RESOLUTION NO. 2023-55

CITY OF ORANGE COVE

THIS RESOLUTION IS ADOPTED IN ORDER TO CERTIFY THE APPROVAL

OF THE GOVERNMING BOARD TO ENTER INTO THIS TRANSACTION

WITH THE CALIFORNIA DEPARTMENT OF EDUCATON FOR THE PURPOSE

OF PROVIDING CHILD CARE AND DEVELOPMENT SERVICES AND TO

AUTHORIZE THE DESIGNATED PERSONNEL TO SIGN CONTRACT
DOCUMENTS FOR FISCAL YEAR 2023-24 WITH A MAXIMUM
REIMBURSABLE RATE OF $1,912,877, THE CONTINUING FUNDING APPLICATION, AND ALL RELATED CONTRACT DOUCMENTS.

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ORANGE COVE AS FOLLOWS:

Authorizes that the person/s who are listed below, are authorized to sign the transaction for the Governing Board.

Name Title Signature
Daniel T. Parra City Manager
Diana Guerra Silva Mayor
Passed and Adopted this 13th day of December, 2023 by the Orange Cove City Council of Fresno County, in the State of California.

CLERKS CERTIFCATION
I, HEREBY CERTIFY, that the foregoing Resolution was passed and adopted by the City Council of the City of Orange Cove at a regular meeting held on the 13th of December 2023 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

Diana Guerra Silva, Mayor
City of Orange Cove
ATTEST:

Cynthia Cisneros, City Clerk
Contractor Certification Clauses
CCC 04/2017

CERTIFICATION
1, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective Contractor to the clause(s) listed below. This certification is made under the laws of the State of California.

Contractor/Bidder Firm Name (Printed) Federal ID Number City of Orange Cove 94-6003065
By (Authorized Signature)
Printed Name and Title of Person Signing
Daniel T. Parra
Date Executed Executed in the County of
12/1/2023 Fresno

CONTRACTOR CERTIFICATION CLAUSES

1. STATEMENT OF COMPLIANCE: Contractor has, unless exempted, complied with the nondiscrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section 11102) (Not applicable to public entities.)

2. DRUG-FREE WORKPLACE REQUIREMENTS: Contractor will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
1) the dangers of drug abuse in the workplace;
2) the person's or organization's policy of maintaining a drug-free workplace; 3) any available counseling, rehabilitation and employee assistance programs; and, 4) penalties that may be imposed upon employees for drug abuse violations. c. Every employee who works on the proposed Agreement will:
1) receive a copy of the company's drug-free workplace policy statement; and, 2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement.

Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Contractor may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Contractor has made false certification, or violated the certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et seq.)

3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against Contractor within the immediately preceding two-year period because of Contractor's failure to comply with an order of a Federal court, which orders Contractor to comply with an order of the National Labor Relations Board. (Pub. Contract Code §10296) (Not applicable to public entities.)

4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO REQUIREMENT: Contractor hereby certifies that Contractor will comply with the requirements of Section 6072 of the Business and Professions Code, effective January 1, 2003.

Contractor agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services during each year of the contract equal to the lessor of 30 multiplied by the number of full time attorneys in the firm's offices in the State, with the number of hours prorated on an actual day basis for any contract period of less than a full year or 10% of its contract with the State.

Failure to make a good faith effort may be cause for non-renewal of a state contract for legal services, and may be taken into account when determining the award of future contracts with the State for legal services.

5. EXPATRIATE CORPORATIONS: Contractor hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the State of California.

6. SWEATFREE CODE OF CONDUCT:
a. All Contractors contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor.

The contractor further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108. b. The contractor agrees to cooperate fully in providing reasonable access to the contractor's records, documents, agents or employees, or premises if reasonably required by authorized officials of the contracting agency, the Department of Industrial Relations, or the Department of Justice to determine the contractor's compliance with the requirements under paragraph (a).

7. DOMESTIC PARTNERS: For contracts of $100,000 or more, Contractor certifies that Contractor is in compliance with Public Contract Code section 10295.3.

8. GENDER IDENTITY: For contracts of $100,000 or more, Contractor certifies that Contractor is in compliance with Public Contract Code section 10295.35.

DOING BUSINESS WITH THE STATE OF CALIFORNIA
The following laws apply to persons or entities doing business with the State of California.

1. CONFLICT OF INTEREST: Contractor needs to be aware of the following provisions regarding current or former state employees. If Contractor has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification.

Current State Employees (Pub. Contract Code §10410):
1). No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment. 2). No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services.

Former State Employees (Pub. Contract Code §10411):
1). For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency. 2). For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service.

If Contractor violates any provisions of above paragraphs, such action by Contractor shall render this Agreement void. (Pub. Contract Code §10420) Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub. Contract Code §10430 (e))

2. LABOR CODE/WORKERS' COMPENSATION: Contractor needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Contractor affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700)

3. AMERICANS WITH DISABILITIES ACT: Contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)

4. CONTRACTOR NAME CHANGE: An amendment is required to change the Contractor's name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment.

5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:
a. When agreements are to be performed in the state by corporations, the contracting agencies will be verifying that the contractor is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled. b. "Doing business" is defined in R&T Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will a corporate contractor performing within the state not be subject to the franchise tax.
c. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California. Agencies will determine whether a corporation is in good standing by calling the Office of the Secretary of State.

6. RESOLUTION: A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement.

7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Contractor shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.

8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all contractors that are not another state agency or other governmental entity.

California Department of Education
Early Education Division
EED-3704B (Rev. 10/2022)
Form EED-3704B: Subcontract Certification
Contractor Name: City of Orange Cove
Vendor Number: 2188
County: 10 Fresno
Contract Type: California State Preschool Program (CSPP) Full-Day/Part-Year Contract Maximum Reimbursable Amount (MRA): 1,912.877.00 Total Percentage of MRA Subcontracted: 100%
Subcontractor #1
Subcontractor Legal Name:

Does this subcontractor also contract with EED? Yes No
Has your agency subcontracted with this agency before? • Yes No If yes, please list the name of the site in which subcontracted services will occur, including site address, service county, and the percentage of the contract MRA that will be subcontracted.

If no, please submit a Program Narrative Change to indicate this change. Refer to 5 CCR Section 17800 for subcontractor approval requirements.

Site Site Name Site Address Service County Percentage of No. MRA
Subcontracted
1 Julia A. Lopez Child 1300 South Ave 100%
Development Center Orange Cove, Ca 10 Fresno
93646
2 Select County
3 Select County
4 Select County
California Department of Education
Early Education Division
EED-3704B (Rev. 10/2022)
Subcontractor #2
Subcontractor Legal Name:

Does this subcontractor also contract with EED? Yes No
Has your agency subcontracted with this agency before? O Yes If yes, please list the name of the site in which subcontracted services will occur, including site address, service county, and the percentage of the contract MRA that will be subcontracted.

If no, please submit a Program Narrative Change to indicate this change. Refer to 5 CCR Section 17800 for subcontractor approval requirements.

Site | Site Name Site Address Service County Percentage of No. MRA
Subcontracted
1 Select County
2 Select County
3 Select County
4 Select County
CERTIFICATION: By signing this certification, I, the authorized contractor representative, hereby certify, that all applicable state and federal rules and regulations with respect to the subcontracting of contract funds will be observed, that the information contained in this form is correct and complete to the best of my knowledge, and that all records related to subcontracting will be retained as required by applicable law. 1-7e L 3
Signature Date
California Department of Education Page 2
California Department of Education
Fiscal & Administrative Services Division
CO-005 (NEW 4/2020)

CALIFORNIA CIVIL RIGHTS LAWS CERTIFICATION
Pursuant to Public Contract Code section 2010, if a bidder or proposer executes or renews a contract in the amount of $100,000 or more on or after January 1, 2017, the bidder or proposer hereby certifies compliance with the following:

1. CALIFORNIA CIVIL RIGHTS LAWS: For contracts $100,000 or more, executed or renewed after January 1, 2017, the contractor certifies compliance with the Unruh Civil Rights Act (Section 51 of the Civil Code) and the Fair Employment and Housing Act (Section 12960 of the Government Code); and EMPLOYER DISCRIMINATORY POLICIES: For contracts $100,000 or more, executed or renewed after January 1, 2017, if a Contractor has an internal policy against a sovereign nation or peoples recognized by the United States government, the Contractor certifies that such policies are not used in violation of the Unruh Civil Rights Act (Section 51 of the Civil Code) or the Fair Employment and Housing Act (Section 12960 of the Government Code).

CERTIFICATION
I, the official named below, certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Proposer/Bidder Firm Name (Printed):

City of Orange Cove

2. Federal ID Number:
94-6003065

3. By (Authorized Signature):

4. Printed Name and Title of Person Signing:

Daniel T. Parra Interim City Manager

5. Date Executed:
6 Executed in the County and State of:

Fresno County, State of California

Page 1 of 1 ends

2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement.

7. DOMESTIC PARTNERS: For contracts of $100,000 or more, Contractor certifies that Contractor is in compliance with Public Contract Code section 10295.3.

8. GENDER IDENTITY: For contracts of $100,000 or more, Contractor certifies that Contractor is in compliance with Public Contract Code section 10295.35.

DOING BUSINESS WITH THE STATE OF CALIFORNIA
The following laws apply to persons or entities doing business with the State of California.

5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:
a. When agreements are to be performed in the state by corporations, the contracting agencies will be verifying that the contractor is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled. b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will a corporate contractor performing within the state not be subject to the franchise tax.
c. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California. Agencies will determine whether a corporation is in good standing by calling the Office of the Secretary of State.

8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all contractors that are not another state agency or other governmental entity.

FEDERAL CERTIFICATIONS
CO.8 (REV.06/20)
California Department of Education
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature on this form provides for compliance with certification requirements under 45 CFR Part 93, "New restrictions on Lobbying," and 45 CFR Part 76, "Government-wide Debarment and Suspension (Non procurement) and Government-wide requirements for Drug-Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Education determines to award the covered transaction, grant, or cooperative agreement.

1. LOBBYING 2. DEBARMENT, SUSPENSION, AND OTHER
As required by Section 1352, Title 31 of the U.S. RESPONSIBILITY MATTERS Code, and implemented at 45 CFR Part 93, for As required by executive Order 12549, Debarment persons entering into a grant or cooperative
and Suspension, and other responsibilities
agreement over $100,000 as defined at 45 CFR implemented at 45 CFR Part 76, for prospective Part 93, Sections 93.105 and 93.110, the applicant participants in primary or a lower tier covered certifies that:
transactions, as defined at 45 CFR Part 76,
(a) No federal appropriated funds have been paid Sections 76.105 and 76.110. or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to A. The applicant certifies that it and its principals:
influence an officer or employee of any agency, a (a) Are not presently debarred, suspended member of Congress in connection with the proposed for debarment, declared ineligible, or making of any federal grant, the entering into of voluntarily excluded from covered transactions by any cooperative agreement, and the extension, any federal department or agency:
continuation, renewal, amendment, ormodification
of any federal grant or cooperative agreement: (b) Have not within a three-year period preceding this application been convicted of or had a civil
(b) If any funds other than federal appropriated judgment rendered against them for commission of funds have been or will be paid to any person for fraud or a criminal offense in connection with influencing or attempting to influence anemployee obtaining, attempting to obtain, or performing a of Congress, or any employee of a Member of public (federal, state, or local) transaction or Congress in connection with this Federal grant or contract under a public transaction violation of cooperative agreement, the undersigned shall federal or State antitrust statutes or commission of complete and submit Standard Form -LLL, embezzlement, theft, forgery, bribery, falsification "Disclosure Form to Report Lobbying," in or destruction of records, making false statements, accordance with this instruction; or receiving stolen property; (c) The undersigned shall require that the language (c) Are not presently indicted for or otherwise of this certification be included in the award criminally or civilly charged by a governmental documents for all subawards at all tiers (including entity (federal, state, or local) with commission of subgrants, contracts under grants and cooperative any of the offenses enumerated in paragraph (1) agreements, and subcontracts) and that all (b) of this certification; and subrecipients shall certify and disclose
accordingly.
1 (d) Have not within a three-year period proceeding (e) Notifying the agency, in writing, within 10 this application had one or more public calendar days after receiving notice under transactions (federal, state, or local) terminated for subparagraph (d) (2) from an employee or cause or default: and otherwise receiving actual notice of such conviction. Employers of convicted employees
B. Where the applicant is unable to certify to any must provide notice, including position title, of the statements in this certification, he or she
shall attach an explanation to this application. to: Director, Grants, and Contracts Service, U.S.

Department of Education, 400 Maryland Avenue,

3. DRUG-FREE WORKPLACE (GRANTEES S.W., (Room 3124, GSA Regional Office OTHER THAN INDIVIDUALS) Building No. 3), Washington, DC 20202-4571.

As required by the Drug-Free Workplace Act of Notice shall include the identification numbers) 1988, and implemented at 45 CFR Part 76, of each affected grant; Subpart F, for grantees, as defined at 45 CFR Part (f) Taking one of the following actions, within 30 76, Sections 76.605 and 76.610- calendar days of receiving notice under A. The applicant certifies that it will or will continue subparagraph (d) (2), with respect to any employee who is so convicted:
to provide a drug-free workplace by:
(a) Publishing a statement notifying employeesthat (1) Taking appropriate personnel action against the unlawful manufacture, distribution, dispensing, such an empioyee, up to and including termination, possession, or use of a controlled substance is consistent with the requirements of the prohibited in the grantee's workplace and Rehabilitation Act of 1973, as amended; ar specifying the actions that will be taken against
employees for violation of such prohibition. (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or
(b) Establishing an on-going drug-free awareness rehabilitation program approved for such purposes program to inform employees about- by a federal, state, or local health, law enforcement, or other appropriate agency:
(1) The danger of drug abuse in the workplace;
(g) Making a good faith effort to continue to
(2) The grantee's policy of maintaining a drug- maintain a drug-free workplace through free workplace; implementation of paragraphs (a), (b), (c), (d), (e), and (t).
(3) Any available drug counseling, rehabilitation,
and employee assistance programs; and B. The grantee shall insert in the space provided below the
(4) The penalties that may be imposed upon site(s) for the performance of work done in employees for drug abuse violations occurring in connection with the specific grant:
the workplace;
Place of Performance (Street address, city,
(c) Making it a requirement that each employee to county, state, zip code be engaged in performance of the grant be given a
copy of the statement required by paragraph (a);
(d) Notifying the employee in the statement required
by paragraph (a) that, as a condition of
employment under the grant, the employee will -
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his orher
conviction for a violation;
2 Check if there are workplaces on
file that are not identified here. ENVIRONMENTAL TOBACCO SMOKE ACT DRUG-FREE WORKPLACE As required by the Pro-Children Act of 1994, (GRANTEES WHO ARE INDIVIDUALS) (also known as Environmental Tobacco Smoke), and implemented at Public Law 103-277, Part C
As required by the Drug-Free Workplace Act of requires that:
1988, and implemented at 45 CFR Part 76,
Subpart F, for grantees, as defined at 45 CFR The applicant certifies that smoking is not permitted in any portion of any indoor facility
Part 76, Sections 76.605 and 76.610-
owned or leased or contracted and used
a As a condition of the grant, I certify that I will routinely or regularly for the provision of health not engage in the unlawful manufacture, care services, day care, and education to distribution, dispensing, possession, or use ofa children under the age of 18. Failure to comply controlled substance in conducting any activity with the provisions of this law may result in the with the grant, and imposition of a civil monetary penalty of up to b. If convicted of a criminal drug offense $1,000 per day. (The law does not apply to children's services provided in private residence,
resulting from a violation occurring during the facilities funded solely by Medicare or Medicaid conduct of any grant activity, I will report the funds, and portions of facilities used for in- conviction, in writing, within 10 calendar days of patient drug and alcohol treatment.) the conviction, to: Director, Grants and contracts
Service, U.S. department of Education, 400
Maryland Avenue, S.W. (Room 3124, GSA
Regional Office Building No. 3) Washington,
DC 20202-4571. Notice shall include the
identification numbers(s) of each affected grant.

As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications.

FISCAL YEAR 2024-25

CONTRACTOR NAME VENDOR ID NUMBER
City of Orange Cove 2188

PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE
Daniel T. Parra, Interim City manager

SIGNATURE DATE
3 California Department of Education EED-9730
Early Education Division 09/2023
California State Preschool Program Fiscal Year 2024-25 Program Calendar Contractor Name: County: Select County
Vendor Number: Contract Type: Select Contract Type Program Type: Select Program Type Instructions: Check the box on each date your program will operate. Total days of operation will automatically calculate.

July 2024 Days of Operation 22 January 2025 Days of Operation 21 SUN MON TUE WED 7 THU | FRI SAT SUN MON TUE WED

THU FRI SAT
NA 2 • 3 • 4 5 6 N/A N/A N/A 2 3 4
7 • B 9 E 10 E 11 12 2 13 6 7 8 11
E E 10
14 15 16 0 17 D 18 19 M 20 12 13 D 14 E 15 16 17 18
21 • 22 23 24 25 26 0 | 27 19 20 21 22 23 24 25
L
28 L 29 30 31 N/A N/A NIA 26 27 28 29 30 31 N/A
August 2024 Days of Operation 22 February 2025 Days of Operation 19

SUN MON TUE WED THU FRI SAT
1 6 8
24 September 2024 Days of Operation 20 March 2025 Days of Operation 20

SUN MON TUE WED THU FRI SAT
N/A N/A N/A N/A N/A N/A 1
8 9 3 7
18 10 11 5
22 25 16 17 18 21
BE E
23 24 25 26 27 29
30 31 N/A N/A N/A N/A N/A
October 2024 Days of Operation 23
SUN MON TUE WED FRI SAT April 2025 Days of Operation 22 N/A 2 3 4 SUN MON TUE WED THU FRI SAT
N/A N/A 2 4
8 1 12
20 3 14 B 15 16 18 19
27 30 31 NIA N/A 20 21 23 25 1 26
27 28 29 30 E N/A NIA |N/A
November 2024 Days of Operation 18
SUN MON WED THU FR SAT May 2025 Days of Operation 21
N/A N/A N/A N/A N/A 1 SUN MON TUE WED THU FRI SAT
N/A N/A N/A NIA 2 El 3
1 4 5 10
11 12 13 14 15 16
18 19 20 21 22 23
19 25 26 27 28 29 30 31
December 2024 Days of Operation
SUN MON TUE WED THU FRI SAT June 2025 Days of Operation 21 3 4 E 5 7 • SUN MON TUE WED THU FR SAT
10 12 13 14 4 E 5 7
KIKI
5 16 17 18 19 20 2 8 11
10 12 13 14
24 25 • 26 27 28 15 16 17 E 18 19 20 21
31 N/A N/A N/A NIA 22 23 24 25 26 27 28
29 30 N/A N/A N/A N/A N/A
Total Days of Operation: 248
EED Consultant Initials (For EED Use Only)
Date Approved by EED (For EED Use Only)

5.b.

For the Meeting of December 13, 2023

CITY OF ORANGE COVE

REPORT TO THE CITY COUNCIL
To: Orange Cove City Council
From: Megan Dodd, City Attorney
Subject: Approval of Agreement between the City and Target Eight Advisory Council Inc. (TEAC) for Operation of the Julia Lopez Daycare Center Attachments: Agreement between the City and Target Eight Advisory Council Inc.

RECOMMENDATION:

Staff recommends that the Council approve the Agreement between the City and Target Eight Advisory Council Inc. for operation of the Julia Lopez Daycare Center.

BACKGROUND:

Previously the contract for operation of the Julia Lopez Daycare Center and the contract for lease of the building were separate. This agreement combines the two agreements and makes some small changes. The agreement increases the administrative fee paid to the City from 3.5% to 7%. Additionally, it ensures that TEAC is responsible for all maintenance and repairs to the Property. The Agreement will be for a one year term, and the rent will remain the same.

FISCAL IMPACT:

None.

CONFLICT OF INTEREST:

None.

Prepared by: City Attorney. Approved by: Megan Dodd
REVIEW: City Manager: Finance: City Attorney:

TYPE OF ITEM: COUNCIL ACTION: APPROVED DENIED NO ACTION Consent Public Hearing
Info Item Matter Initiated by a Council Member
Action Item Other
Department Report Continued to:

Redevelopment Agency

AGREEMENT BETWEEN THE CITY OF ORANGE COVE AND TARGET EIGHT ADVISORY COUNCIL INC. RELATING TO CHILD DEVELOPMENT SERVICES UNDER

THE CALIFORNIA DEPARTMENT OF EDUCATION CALIFORNIA STATE PRESCHOOL

PROGRAM AND FACILITIES USE AND MAINTENANCE AGREEMENT BETWEEN CITY OF ORANGE COVE AND TARGET EIGHT ADVISORY COUNCIL INC.

This Agreement is entered by and between the City of Orange Cove, herein referred to as "CONTRACTOR" or the "CITY" and the Target Eight Advisory Council, Inc. herein referred to as the "SUBCONTRACTOR" or "TEA".

RECITALS
One purpose of this Agreement is to delegate operating responsibility from CONTRACTOR to SUBCONTRACTOR for child care services authorized by the CONTRACTOR'S contract from the California Department of Education, which is attached and incorporated herein by reference as Exhibit A and which is referred to herein as the "PRIME CONTRACT."
B. CITY owns real PROPERTY commonly known as the Julia Lopez Child Development Center which is located at 1300 South Avenue, Orange Cove, California 93646 (hereinafter "PROPERTY").

C. CITY has received a funding commitment from the California Department of Education, California State Preschool Program to fund child development. This AGREEMENT includes to the operation of a child care facility to provide said child development services. That portion of the AGREEMENT to operate a child care facility is referred to herein as "SUBCONTRACT." D. The parties wish to use PROPERTY as a child development center as required under the terms and conditions of the SUBCONTRACT.

E. TEAC would like to use PROPERTY to conduct its operations under the SUISCONTRACT.

SUBCONTRACT
NOW THEREFORE, in consideration of the foregoing recitals which are part of this AGREEMENT and in consideration of the mutual obligations agreed to by the parties herein, CONTRACTOR and SUBCONTRACTOR agree as follows:

1. Term.

The term of this SUBCONTRACT shall be from July 1, 2023 to June 30, 2024.

2. Performance in Accordance with the PRIME CONTRACT.

All activities authorized by this Agreement will be performed within the approved program policies, the approved budget, the contract funding terms and conditions, and appropriate Child Development Division, California Department of Education directives, in accordance with the application and PRIME CONTRACT between the CONTRACTOR and the California Department of Education. The consideration paid to the SUBCONTRACTOR by CONTRACTOR as provided in the SUBCONTRACT shall be the full compensation paid to SUBCONTRACTOR for all of the SUBCONTRACTOR'S expenses incurred in the performance of its obligations under the terms of this Agreement.

3. Consideration.

Funding of the SUBCONTRACT is subject to the appropriation and availability of funds from the state. Consideration under this SUBCONTRACT paid to SUBCONTRACTOR shall not exceed ninety three percent (93%) of the approved funding, received by the CONTRACTOR from the California Department of Education for this purpose. The City shall retain the remainder as administrative fees.

In the event that CONTRACTOR receives notification from the California Department of Education of an amendment to the PRIME CONTRACT which modifies the reimbursement rate or the funding terms and conditions, either party may initiate renegotiation of the consideration that SUBCONTRACTOR is entitled to receive under the provisions of this SUBCONTRACT.

4. Reimbursement and Records.

Subject to receipt of funds from the State of California, pursuant to the PRIME CONTRACT, the CONTRACTOR agrees to reimburse the SUBCONTRACTOR for authorized expenditures. The SUBCONTRACTOR shall maintain such records and accounts including propelty, personnel, and eligibility records, as are deemed necessary by CONTRACTOR and the Child Development Division, and such records will be retained for five (5) years after expiration of this contract unless permission to destroy them is granted by both the CONTRACTOR and the Child Development Division. CONTRACTOR shall retain all financial records. An inventory of equipment purchased by contract funds will be kept by the SUBCONTRACTOR and CONTRACTOR.

5. Termination.

The CONTRACTOR or SUBCONTRACTOR may, by giving thirty (30) days written notice specifying the effective date, terminate this contract in whole or in part with or without cause. Reasons for termination may include, but shall not be limited to: (a) failure, for any reason of the SUBCONTRACTOR to fulfill in a timely and proper manner its obligations under this contract, including compliance with the approved program and attached conditions, and such statues, Executive Orders, and Child Development Division directives as may become generally applicable at any time, including but not limited to, any licensing requirements; (b) submission by the SUBCONTRACTOR to the CONTRACTOR of reports that are incorrect or incomplete in any material respect; (c) ineffective or improper use of funds provided under this contract; (d) suspension or termination by the Child Development Division of funding to the CONTRACTOR under the PRIME CONTRACT and/or specifically under this Agreement; or (e) termination for convenience by either the CONTRACTOR or SUBCONTRACTOR.

In the event of any termination, all property, finished or unfinished documents, data, studies, and reports purchased or prepared by the SUBCONTRACTOR under this contract shall be disposed of according to CONTRACTOR and Child Development Division directives, and the SUBCONTRACTOR shall be entitled to compensation for any un-reimbursed expenses reasonably and necessarily incurred in satisfactory performance of the contract. Notwithstanding the above, the SUBCONTRACTOR shall not be relieved of liability to the CONTRACTOR for damages sustained by the CONTRACTOR by vil lue of any breach of the contract by the SUBCONTRACTOR.

6. Independent Contractor.

The status of the SUBCONTRACTOR under this Agreement shall be that of an independent contractor and at no time shall SUBCONTRACTOR (or agents or employees of SUBCONTRACTOR) be, or represent itself to be, officers, employees, or agents of the CONTRACTOR or the State of California.

7. Compliance with the City and State of California Requirements.

The SUBCONTRACTOR will administer the program in accordance with the rules, regulations, and policies of the CONTRACTOR and the California Department of Education, including the "General Assurances" form attached to CONTRACTOR'S PRIME CONTRACT with the California Department of Education; Funding Terms and Conditions and Program Requirements for Child Development Programs Fiscal year 2013-14; and state regulations.

The SUBCONTRACTOR shall provide periodic reports to CONTRACTOR from time to time including but not limited to the following; (i) a report after the first 30 days to inform the City Council of the transition of the program from the previous subcontractor regarding number of children re-enrolled, number of new children enrolled, staff retention, and staff training, (ii) a report after the first 90 days and every 90 days thereafter regarding the contract implementation, progress and issues; and (iii) reports as requested by the City Manager or City Council.

8. Compliance with Applicable Laws.

The CONTRACTOR shall monitor, evaluate, and provide technical and accounting assistance to the SUBCONTRACTOR in the conduct of activities delegated under this Agreement. The SUBCONTRACTOR agrees to submit to the CONTRACTOR such reports as may be required by the Child Development Division, California Department of Education directives or by the CONTRACTOR. The SUBCONTRACTOR also agrees to prepare and retain, and remit to CONTRACTOR to inspect, as it deems necessary, all SUBCONTRACTOR agency records pertaining to this program. SUBCONTRACTOR agrees to submit to CONTRACTOR, on a quarterly basis, at an appropriate City Council meeting, a status report on SUBCONTRACTOR'S activities pursuant to this Agreement.

9. Assignment.

The CONTRACTOR may also assign and transfer this contract when required by the Child Development Division.

10. Bonding of Personnel.

The SUBCONTRACTOR'S personnel who are authorized to sign checks will be bonded in an amount, which will cover the total amount under the control of the SUBCONTRACTOR at any time. A Certificate of Insurance shall be provided to the CONTRACTOR verifying the SUBCONTRACTOR'S fidelity bond coverage. Further, such Certificate of Insurance shall not be canceled without thirty (30) days prior written notice to the CONTRACTOR.

11. Revenues and Expenditures; Audit.

SUBCONTRACTOR shall report all revenues and expenditures in accordance with California State Accounting Manual procedures.. CONTRACTOR will conduct an annual audit in accordance with California Department of Education Audit Guidelines. The SUBCONTRACTOR is. liable for any audit exception caused by, or as a result of, lack of performance as required by this Agreement.

12. Purchases.

In no case can equipment be purchased in excess of $7,500.00 by item, without prior written approval of the CONTRACTOR and the Child Development Division. Title to any equipment purchased with state funds rests with SUBCONTRACTOR only as long as this Agreement is in effect. Upon termination of the Agreement, title to all remaining equipment and supplies shall revelt to CONTRACTOR. Insurance on property leased will be provided by SUBCONTRACTOR.

13. Travel and Per Diem.

Trnvel and per diem expenses of SUBCONTRACTOR shall be reimbursed only at rates not exceeding those amounts paid to the majority of California Department of Education's represented employees computed in accordance with Department of Personnel Administration regulations, California Administrative Code, Title 2, Subchapter 1.

14. Monthly Closing of Accounts
The CONTRACTOR will close its accounting records on the last day of each month for preparation of the required monthly statement.

15. Monthly Attendance Records
The SUBCONTRACTOR will close its attendance records on the last day of each month for preparation of the required monthly statement. Monthly reports of enrollment and attendance shall be submitted to the CONTRACTOR by the 15th day of each month.

16. Hold Harmless for Non-Receipt of Funds
The SUBCONTRACTOR will hold the CONTRACTOR harmless for any contract obligations entered into that cannot be met due to non-receipt of funds from the California Department of Education.

17. Indemnification and Defense.

The SUBCONTRACTOR shall defend, indemnify and hold harmless CONTRACTOR and the State of California, their officers, agents, and employees from any and all actions, claims, losses or damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or any other organization arising out of the operation or maintenance or other activities of SUBCONTRACTOR or its agents, employees, or independent contractors under this Agreement.

18. General Liability Insurance
SUBCONTRACTOR shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project or the general aggregate limit shall be twice the required occurrence limit. SUBCONTRACTOR's general liability policies shall be primary and shall not seek contribution from the CONTRACTOR's coverage, and be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that CONIRACTOR and its officers, officials, employees, and agents shall be additional insureds under such policies. Sexual Abuse/Molestation coverage must be included under General Liability or obtained in separate policies in an amount of not less than $1,000,000 per occurrence/$2,000,000 aggregate.

19. Workers Compensation.

SUBCONTRACTOR shall maintain Workers' Compensation Insurance (Statutory- Limits) and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000). SUBCONTRACTOR shall submit to CONTRACTOR, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CONTRACTOR, its officers, agents, employees, and volunteers.

20. Certificates of Insurance
Certificates for any types of insurance mentioned above shall be furnished to the CONTRACTOR within two (2) weeks of the commencement date of this contract, such certificates indicating the name of the carrier, the policy number, the nature of the coverage, the policy limits, and the expiration date. All such policies shall be provided to the City Manager, City of Orange Cove at 633 Sixth Street, Orange Cove, California 93646.

21. Modification of Agreement
No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by SUBCONTRACTOR and CONTRACTOR, and no oral understanding or agreement not incorporated in the Agreement shall be binding on either party to the Agreement.

Amendments to this Agreement are subject to the prior written approval of the California Department of Education.

22. Licensing Requirements
SUBCONTRACTOR is responsible for hiring of qualified staff and maintaining required ratios in accordance with licensing and California Department of Education requirements. In addition, SUBCONTRACTOR is responsible for seeing that sites meet all licensing requirements and that the appropriate licenses remain in effect for the life of the Agreement and any extensions hereof.

23. Nondiscrimination Clause.

The "Nondiscrimination Clause" included in the CONTRACTOR'S PRIME CONTRACT with the State of California, as specified in Titled 2, California Code of Regulations, Chapter 5, Section 8107, is incorporated herein by this reference and shall be binding. on all actions of both parties under the terms of this Agreement.

24. Approval Of Agreement
This Agreement shall have no force or effect unless and until it has been approved in writing by the Child Development Division (CDD) of the Department of Education of the State of California, and any work performed by the SUBCONTRACTOR prior to the date of such approval shall not be used as a claim against the State of California or CONTRACTOR.

25. Enrollment Priority
To the extent that it is permitted by law and by the regulations of the State of California, SUBCONTRACTOR shall give priority for enrollment in the Child Care Program to residents of the City of Orange Cove.

26. Notices.

All notices, statements, demands, consents, approvals, authorizations, offers, designations, requests or other communications hereunder by either party to the other shall be in writing and shall be sufficiently given and served upon the other party. If mailed, postage prepaid addressed as follows:

CONTRACTOR: c/o City Manager
City of Orange Cove
SUBCONTRACTOR: Target Eight Advisory Council. Inc.
555 G Street
Attention: Secretary-Treasurer
For the purposes of determining compliance with any time limit in this Agreement, a notice shall be deemed to have been duly given on the second business day after mail, if mailed to the party to whom notice is give in the manner provided in this Section. Either party may, at any time, change its address designated above by giving to the other party thirty (30) days written notice of the new address robe used for the purpose of this Section.

27. Integrated Agreement
This Agreement is the complete and exclusive statement of the mutual understanding of the parties and this Agreement supersedes all previous written and oral agreements and communications relating to the subject matter of this Agreement.

28. Severability
If, for any reason this Agreement shall be held by a court of competent jurisdiction to be void, voidable, or unenforceable by the CONTRACTOR or by the SUBCONTRACTOR, or if for any reason it is held by such a court that any of the covenants and conditions of SUBCONTRACTOR hereunder, is unenforceable for the full term hereof, then and in such event, all of the other terms, provisions and conditions of this Agreement, except to the extent that such terms, provisions and conditions arc contrary to or inconsistent with such holding, shall remain in full force and effect.

FACILITIES AND USE AGREEMENT
NOW THEREFORE, in consideration of the foregoing recitals which are part of this AGREEMENT and in consideration of the mutual obligations agreed to by the parties herein, City and TEAC agree as follows:

1. Use of PROPERTY.

This PROPERTY shall be used solely for a child development center as required under the terms and conditions of the SUBCONTRACT between the parties referenced in Recital B above. TEAC covenants to use PROPERTY solely for the purpose and use specified in this AGREEMENT.

2. Term.

The term of this AGREEMENT shall be for a period of one year from July 1, 2023 to June 30, 2024. The AGREEMENT may also be extended for an additional period by mutual written agreement of the parties unless sooner terminated pursuant to the terms of this AGREEMENT. It is contemplated by the parties that if CITY obtains another contract for CPSS from the California Department of Education and if CITY and TEAC enter a new subcontract for day care services as set forth above, the parties will extend this AGREEMENT for an additional period.

3. Payment.

TEAC shall pay and CITY agrees to accept Two Thousand Nine Hundred Sixty-Eight Dollar ($2,968.00) per month for use and maintenance of PROPERTY as set forth in this AGREEMENT. Payment shall be due in advance on the first day of each month during the term of the AGREEMENT.

4. Utilities.

TEAC will be responsible for the cost of garbage, recycling, water, telephone services, internet and sewage and agrees to pay all gas and electrical service charges directly to Pacific Gas and Electric.

5. Improvements.

It is understood that if TEAC wishes to construct any improvements on PROPERTY that may be necessary to further the permitted use of PROPERTY under this AGREEMENT, TEAC shall adhere to all CITY, State and Federal laws regarding construction of the improvements and agrees to obtain all necessary permits to construct said improvements. CITY shall not be responsible for any costs of the improvements. TEAC may locate upon the PROPERTY trade fixtures and equipment as may be necessary in pursuit of its permitted use of the PROPERTY and shall be responsible for all required permits/approvals including any all costs, expense and risk. TEAC shall be responsible for any damage to the PROPERTY caused in installation and operation of improvements, fixtures and equipment.

6. Maintenance and Taxes.

All maintenance and repair, ordinary or extraordinary, of the PROPERTY, shall be the responsibility of the TEAC. TEAC shall be responsible for general lawn care and for watering the lawn.

CITY shall be responsible for the real PROPERTY taxes. TEAC shall be responsible for any unsecured taxes, if any, associated with the PROPERTY or the operation thereof as a Child Development Center.

7. Compliance with Legal Requirements.

TEAC agrees to comply with all applicable laws, ordinances and regulations in connection with its use of PROPERTY. TEAC shall not commit any waste or any public or private nuisance upon the PROPERTY and shall not do anything that will cause damage to the PROPERTY.

8. Hold Harmless.

CITY shall indemnify, save and hold harmless TEAC, its officials, officers, agents, employees, and volunteers against any and all claims, cause of action, liability, suits, judgments and expenses, including reasonable attorneys' fees and costs, for death or injury to persons, or loss of or damage to PROPERTY, resulting from negligent acts or omissions of CITY, its officials, officers, agents, employees or volunteers in the performance of this AGREEMENT. In the event of any such claim is made, or suit filed, TEAC shall give CITY prompt written notice thereof, and CITY shall have the right to defend or settle the same.

TEAC shall indemnify, save and hold harmless CITY, its officials, officers, agents, employees, and volunteers against any and all claims, causes of action, liability, suits, judgments and expenses, including reasonable attorneys' fees and costs, for death or injury to persons, or loss of or damage to PROPERTY, resulting from negligent acts or omissions of TEAC, its officials, officers, agents, employees or volunteers in the performance of this AGREEMENT. In the event any such claim is made, or suit filed, CITY shall give TEAC prompt written notice thereof, and TEAC shall have the right to defend or settle the same.

9. Insurance.

TEAC agrees to procure and maintain through the term of this AGREEMENT (i) bodily injury liability insurance insuring against any and all liability of TEAC and CITY with respect to the use and maintenance of PROPERTY under this AGREEMENT; and (ii) PROPERTY damage liability insurance with a combined single limit of not less than $1,000,000.00. All such insurance shall also insure the performance by TEAC of the indemnity requirements under this AGREEMENT to liability for injury to or death of persons and injury to or damage to the PROPERTY. All insurance shall be carried in the joint names of TEAC and the CITY and shall provide that the policy shall not be cancelled or altered without thirty (30) days prior written notice to CITY. TEAC shall furnish to CITY a certificate evidencing such insurance. TEAC's insurance shall be primary coverage. CITY's insurance and self-insurance programs shall be contributory.

CITY shall be responsible for insuring the PROPERTY and the buildings thereon. TEAC shall procure or cause to be procured and maintained, throughout the term of this AGREEMENT, insurance against loss or damage to the content of any structures constituting any part of the PROPERTY by fire and lightning, vandalism, and malicious mischief insurance. TEAC'S insurance shall be in an amount equal to the replacement cost (without deductible clauses for any one loss of not to exceed Five Thousand Dollars ($5,000.00) of personal PROPERTY located within or on the PROPERTY, (including the contents of the building such as furniture furnishings, equipment and trade fixtures).

10. Assignment.

No assignment or any interest in this AGREEMENT shall be valid or operative unless CITY shall formally approve the assignee and assignee executes a contract with CITY on the same terms or conditions as the assigned contract. TEAC shall not subcontract without the written consent of CITY.

11. Easement.

This AGREEMENT is made subject to restrictions and conditions of record, to any and all easements and tights of way, and to any and all outstanding interests in, and lights to, minerals and mineral ores, including but not limited to oil, natural gas, hydrocarbon substances, geothermal steam, brines, and minerals in solution and sand, gravel and aggregates in and underlying the PROPERTY.

12. Right of Entry.

CITY or its representatives shall upon giving TEAC twenty-four (24) hours' notice of intention to enter during normal working hours (8 a.m. to 5 p.m.), or forty-eight (48) hours' notice of intention to enter outside of normal working hours, have the right to enter the PROPERTY at any time during the term of this AGREEMENT (i) to inspect the PROPERTY; (ii) for any purpose connected to the AGREEMENT; and (iii) for any unlawful purpose.

13. Non Performance and Termination.

Any event of nonperformance of any term, condition, or equivalent in this AGREEMENT by either party that is not cured within 30 days written notice there of shall be ml event default. Upon default, the non-defaulting party may, notwithstanding any other available right/remedy elect to terminate this AGREEMENT. The term "nonperformance" as used herein shall also include the inability of TEAC to accomplish the purpose of this AGREEMENT as set forth above including but not limited to, the CITY either not receiving or not accepting the anticipated funding from the California Department of Education or the termination of the SUBCONTRACT.

Upon expiration or earlier termination of this AGREEMENT, TEAC shall surrender the PROPERTY to CITY in as good a condition and repair as existed on the date of this AGREEMENT, less reasonable wear and tear. The PROPERTY shall be surrendered without delay or hindrance.

14. Governing Law.

Any controversy or claim arising out of, or relating to, this AGREEMENT which cannot be settled without court action shall be litigated either in the appropriate State court for Fresno County, California, or as appropriate in the U.S. District Court for the Eastern District of California, located in Fresno County. The rights and obligations of the parties and all interpretations and perf01 mance of this AGREEMENT shall be governed in all respects by the laws of the State of California,

15. Attorney's Fees.

Both parties agree in the event it becomes necessary for the non-breaching party to enforce any of the provisions of this Agreement, the breaching party is to pay a reasonable amount as and for attorney's fees as may be determined by the Court.

16. Notice.

Any notice or other communications required or permitted by this AGREEMENT or by law to be served on or given to either party to this AGREEMENT by the other party shall be in writing, and shall be deemed duly served and given when personally delivered to the patty to whom it is directed or any managing employee of that party or, in lieu of personal service, when deposited in the United States mail, first-class postage prepaid, addressed as follows:

CITY
City of Orange Cove
633 Sixth Street
Orange Cove, CA 93646
Attention: City Manager
TEAC
Target Eight Advisory Council Inc.
555 G Street
Orange Cove, CA 93646
Attention: Secretary-Treasurer

17. Entirety-Succession.

This AGREEMENT represents the entire AGREEMENT between the parties with respect to the subject matter hereof, superseding all prior negotiations, representations, and contracts, and constitutes the entire AGREEMENT concerning CITY's use of the PROPERTY by TEAC

18. Binding on Successors.

All rights and liabilities herein given to, or imposed upon, the respective parties hereto shall extend to and bind the respective heirs, executors, administrators, successors and assigns of said parties. No rights, however, shall inure to the benefit of any assignee of TEAC unless such assignment has been approved by CITY in writing as providing in this AGREEMENT.

19. Authority.

All individuals executing this AGREEMENT on behalf of that entity represent that they are authorized to execute and deliver this AGREEMENT on behalf of that entity.

20. Sole Agreement.

This AGREEMENT constitutes the sole and only AGREEMENT between CITY and TEAC respecting the use of PROPERY described in this AGREEMENT. Any agreements or representations respecting the lease of said PROPERTY, not expressly set forth in this AGREEMENT are null and void.

CONTRACTOR and CITY:

City of Orange Cove
Daniel Parra, City Manager
Date
SUBCONTRACTOR AND TEAC:

Target Eight Advisory Council Inc.
[insert signor name and position]
Date

7.d.

CHIEF ORANGE COVE POLICE DEPARTMENT CHIEF
EST. 200g 200g
NOVEMBER 2023 MONTHLY STATISTICS
CHIEFOF POLICE-JAVIER PEÑA
PART 1 CRIMES
OCT NOV % YTD YTD
2023 2023 Change 2022 2023
Homicide 0% 1
Rape 0%
Attempted Murder 0 0% 2 1
Robbery 0 0% 3 3
Assault 2 -50% 7 10
Burglary 1 200% 15 21
Grand Theft Auto 33% 19 19
Total Part 1 Crimes 3 100% 48 55
OCT NOV % YTD YTD
2023 2023 Change 2022 2023
Sex Crimes 1 3 200% 12
Narcotics 3 0 -100% 28 15
Child Abuse 0 0% 4 11
Total Part 2 Crimes 4 3 -25% 43 38
OCT NOV % YTD YTD
2023 2023 Change 2022 2023
Total Traffic Collisions 2 9 350% 37 44
Fatalities 0%
Injury 1 1 0% 4 5
Non Injury 1 4 300% 23 20
Hit & Run 4 400% 10 19
OCT NOV % YTD YTD
2023 2023 Change 2022 2023
Total Traffic Citations 20 8 -60% 186 211
Total Vehicle Stops 60 24 -60% 925 937
Seatbelt Violations 0 1 100% 3 4
Unsafe Speed Violations 1 0 -100% 9 8
Fail To Obey Stop Sign/Light 2 2 0% 28 42
Driving Under the Influence 1 2 100% 12 15
Gang Arrests - Felony 0. 0%
Gang Arrests - Misdemeanor 0%
100% 0700 6
Gang Field Interview Cards
Juvenile Detentions/Arrests 1 0% 6
Adult Arrests 6 -83% 112 72
Prepared by : S.Gonzalez Statistics are subject to further analysis and revision. Date: 12/7/2023 OCT NOV % YTD YTD
2023 2023 Change 2022 2023
5150 6 0% 63 105
Agency Assist 6 17% 63 77
Battery 200% 9 14
Evading/Obstructing Officer 1 0% 10 21
Fraud 2 -100% 6 18
Identity Theft 0 0% 0 3
Spousal Abuse 6 0% 43 56
Grafitti/Vandalism 5 -60% 35 47
Veh. Burglaries 1 0 -100% 2 12
General Incidents 19 18 -5% 134 233
Weapons Confiscated 1 -100% 15 14
Petty Theft 5 0% 22 47
Public Intoxication 1 -100% 12 15
Suspended License 2 0% 11 19
Unlicensed Drivers 9 -67% 61 84
Vehicles Towed 7 -71% 79 57
Vehicles Released 2 2 0% 40 29
Case Number Drawn 122 106 -13% 1,050 1,280
Prepared by : S.Gonzalez Statistics are subject to further analysis and revision. Date : 12//2023

Orange Cove City CouncilDecember 13, 2023

Orange Cove City Council
December 13, 2023