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ORANGE COVE CITY COUNCIL
SPECIAL COUNCIL MEETING
Friday, September 26, 2025
5:00 PM
City of Orange Cove Council Chambers
633 6th St.
Orange Cove, CA 93646
ZOOM Information
https://us06web.zoom.us/j/89067165950?pwd=kfc4LAV8M1vtiQKjuqqiM2A6dfvWhm.1 Meeting ID: 890 6716 5950
Passcode: 600869
1. CALL TO ORDER/WELCOME
Roll Call
Invocation
Pledge of Allegiance
2. PUBLIC COMMENT
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. Public members shall limit their remarks to three (3) minutes and no more than 15 minutes per topic.
3. CONSENT CALENDAR
(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.
3.a. Approve a fee waiver request by Fresno Area Cisneros Hispanic Foundation for the use of the Orange
Cove Community Center on October 24, 2025.
4. REGULAR BUSINESS
4.a. SUBJECT: Agreement between the City of Orange Cove Escobar and Target Eight Advisory Council, Inc. relating to Child Development services under the California Department of Education California State Preschool Program from July 1, 2025 to June 30, 2026.
RECOMMENDATION: Approval of the 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 from July 1, 2025 to June 30, 2026.
5. ADJOURNMENT
I hereby certify under penalty of perjury, under the laws of the State of California, that the foregoing notice was posted in accordance with the applicable legal requirements. Dated this 25th day of September 2025.
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Cynthia Cisneros, City Clerk
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 conducting 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, (i) 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.
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.
3.a.
For the Special Meeting of September 26, 2025
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CITY OF ORANGE COVE
REPORT TO THE CITY COUNCIL
To: Orange Cove City Council
From: Cynthia Cisneros, City Clerk-HR
Subject: Approval of Facility Use Application- Fresno Area Hispanic Foundation.
Attachments: Facility Use Application-Fresno Area Hispanic Foundation RECOMMENDATION:
Staff recommends that the City waive the fees for the one-day use of the Orange Cove Community Center on Friday, October 24th ', 2025. A Certificate of Liability Insurance will be provided.
BACKGROUND:
The Fresno Area Hispanic Foundation offers a diverse range of programs and services designed to support small businesses, entrepreneurs, and community members throughout the Central Valley. Confia Rural is a community-based program that offers financial wellness resources to individuals, families, and small businesses in rural areas of the Central Valley. It provides financial education and technical assistance fairs directly to these communities, partnering with local authorities and organizations. A community event that brings together various organizations to provide information and resources for families and small businesses.
The event features music, food, and raffles, with organizations offering support. A One-Stop Shop community event is planned for Friday, October 24t, 2025, from 6:00 PM to 8:00 PM.
FISCAL IMPACT: None.
CONFLICT OF INTEREST: None.
Prepared by: Cynthia Cisneros Approved by: City Manager Samuel A. Escobar REVIEW: City Manager: _X_ Finance: _ City Attorney:
TYPE OF ITEM: COUNCIL ACTION: APPROVED DENIED NO ACTION X Consent Public Hearing
Info Item Matter Initiated by a Council Member
Action Item Other
Department Report Continued to:
Redevelopment Agency
INSTRUCTION FOR ORANGE COVE FACILITY USE APPLICATION
1....... FILL OUT FACILITY USE APPLICATION AND SIGN IT
Fill out the application for Facility Use as completely as possible. Read all instructions and agreement of this application and sign it.
2........TURN IN FACILITY USE APPLICATION TO ORANGE COVE CITY HALL Once the application has been completed, it must be turned in at the Orange Cove City Hall, 633 Sixth Street, Orange Cove, California 93646 with the following:
a) Processing fee of $45 - this is a non-refundable fee. If your application is approved, the processing fee is applied toward your fees. If the application is denied or if canceled, the processing fee is not refundable:
b) Cleaning Deposit (See attached rates for facility)
c) A copy of a PROOF OF RESIDENCY. This can be a copy of valid applicant's driver's license showing an Orange Cove address, a copy of a utility bill with applicant's name and Orange Cove address, or an approved ID card with Orange Cove address. If "PROOF OF RESIDENCY" is not turned in, applicant will be charged non-resident rates
3.... IF A DANCE (WITH OR WITHOUT ALCOHOL) IS BEING HELD IN
CONJUNCTION WITH ACTIVITY
Once the application has been completed and the security arranged, the application must be turned in at the Orange Cove City Hall with the following:
a) A signed contract from an approved security company:
b) A copy of a valid photo ID of applicant showing applicant is at least 21 years of Activity will end 12 a.m. (midnight) after midnight need Council's approval
4..... IF ALCOHOL OR FOOD IS BE SOLD WITH OR WITHOUT A DANCE/DINNER Complete the Alcohol Permit and obtain the necessary security. Once the application has been completed and the security arranged, the application must be turned in at the Orange Cove City Hall with the following:
A signed contract from an approved security company;
A copy of a photo ID of applicant showing applicant is at least 21 years of age. c) If Alcohol or Food is sold a permit must be obtained. (Alcohol permit through ABC (Alcohol Beverage Control in Fresno) and Food permit through the Fresno County Health Dept.) The Alcohol Permit must be turned in within ten (10) working days of the date of Applicant for Facility Use was turned in. If it is not, you may forfeit your $45 processing fee and be required to submit a new application and an additional $45 processing fee to reactivate your eligibility for the use of the facility and become dependent upon the availability of that date.
5.... ....SECURITY REQUIREMENTS -Security is required during all events during dinner and/or dances with or without alcohol. The City requires one uniformed security guard for every 50 people. (The Orange Cove Police Department requirements shall be one uniformed security guard for every 50 people present). Security guard firm shall be licensed with the City and have the proper insurance/bonding. All applications for functions open to the public held in a public facility will be reviewed by the City of Orange Cove to determine what, if any, private security will be required. The type of event, anticipated attendance, location and other relative factors will be considered.
CITY OF ORANGE COVE
633 Sixth Street, Orange Cove, California (559) 626-4488
FACILITY USE APPLICATION
This reservation application is issued in accordance with the policies outlined in the attached packet. All reservation forms must be signed and returned before consideration of use approval. Submission of reservation request does not constitute approval. All applications must be presented to the Orange Cove City Council at a City Council Meeting and the office of the Chief of Police for final approval.
Name:Fresno Area Hispanic Foundatjoganization/Representative: David Preciado Mailing Address: 1444 Fulton Street, - City: Fresno, CA Zip: 93721 Home Phone: 5592228705 _ Work Phone:_
Date of Use: 10/24/2025 Nature of Use: Resource Fair
-
Expected Attendance: 150 Time: From 6pm _am/pm To: 8pm _am/pm (Hours of operation shall not exceed 12:00
midnight unless approved by the City Council
Other information, please specify:
DECORATING/REHEARSAL: Date:
From 5pm a.m./p.m. To _a.m./p.m.
INSURANCE REQUIRED:
Name of Insurance Company: Nonprofit Insurance - Eaton and aton Broker (Please provide Certificate of Insurance showing the City of Orange Cove as an additional Insured) FACILITY REQUIRED:
(Please Check) (R) Resident _ (N) Non Resident
(No Smoking in Public Buildings pursuant to Ordinance No. 284) Gene Welch Park (Behind Victor P. Lopez Center)
J.O. Eaton Park
Sheridan Park
V Victor P. Lopez Community Center
Senior Citizen Center
OTHER (Please specify)
2 FACILITY RATES
(New Rates approved by Council on January 27, 2010 by Resolution No. 2010-05) Senior Center Building
No activity is permitted unless approved by City Manager J.O. Eaton Park
(R) $150 + Cleaning Deposit = Total $150.00
(N) $175 + Cleaning Deposit = Total $175.00
Sheridan Park
(R) $150 + Cleaning Deposit = Total $150.00
(N) $175 + Cleaning Deposit = Total $175.00
VICTOR P. LOPEZ RURAL ECONOMIC DEVELOPMENT/JOB TRAINING CENTER Decorating/Rehearsal Rates: $25.00 an hour day before event only. (Usage of the Victor P. Lopez Rural Center must be by invitation only and security will be required for wedding receptions and 15" Birthday Parties- Other events Council and/or Police Department will be determined if invitation and security is required) RATES
RESIDENT:
$1,500.00 + S800 Cleaning Deposit (Refundable $* > (Non-refundable S NON-RESIDENT:
$2,500.00 + $1000 Cleaning Deposit (Refundable S* ) (Non-refundable $ Processing fee of $45 is required when applying - this is a non-refundable fee. If your application is approved, the processing fee is applied toward your rate fees. If the application is denied or if canceled, the processing fee is not refundable; (Rates include hall with or without kitchen, and with or without alcohol)
RATES FOR ORANGE COVE NON-PROFIT ORGANIZATION
(Excluding Dances)
Hourly Rates for Orange Cove Non-Profit Organization: $50.00 Non-Resident Non-Profit Organization hourly rates are doubled Dances: Rates and contract will be reviewed and approved by Council and Police Department COMMERCIAL EVENTS:
Commercial Events:
Rates and contract will be reviewed and approved by Council and Police Department
EXTRA PERSONNEL
A fee of $25 will be charged whenever a dinner and dance are scheduled for the same activity. It is necessary to schedule a second Building Attendant to come in and take down tables and set up for the dance.
SET UP & CLEAN UP FEES
The facility must be cleaned up at the end of the day of the event. This includes the gym, kitchen, hallway and bathrooms. All tables and chairs must be stacked and stored in the proper room.
Any items brought by the individual sponsoring the event must also be removed by the end of the event. The Kitchen should be cleaned and closed two hours prior to the end of the event. The applicant must schedule a walk-through with a city employee a day before the event during business hours 8 a.m. - 4 p.m. and the next day after the event to determine if additional cleaning is required. If additional clean up of the facility is required an event fee of $25.00 per hour will be charged. Once the facility is determined to be in its proper form, the refundable rate* as stated above will be returned in a timely manner.
CITY OF ORANGE COVE
633 Sixth Street, Orange Cove, California (559) 626-4488
ADDENDUM TO USE OF FACILITY
DECORATING/REHEARSAL: If decorating or rehearsal is required prior to the date of the event, an additional charge of $25.00 per hour will be required.
CLEAN UP FEES: The facility must be cleaned up at the end of the day of the event to the satisfaction of City Staff. This includes the gym, kitchen, hallway, and bathrooms.
All tables and chairs must be stacked and stored in the proper room. Any items brought by the individual sponsoring the event must also be removed by the end of the event. The Kitchen should be cleaned and closed two hours prior to the end of the event. A city employee will do a walk-through at the end of the event and determine if additional cleaning is required. If additional clean up of the facility is required the following day after an event a fee of $25.00 per hour will be charged. Once the facility is determined to be in its proper form, the deposit will be returned the following business day at city hall.
AVAILABLE CHAIRS AND TABLES: There are currently 400 chairs and 40 tables available. Tables seat 8 persons.
Approved: David Preciado
Date: 9/24/2025
The following information below must be filled out: All below questions must be answered.
Will food or drink be served? (Circle one).. . Yes
(If Yes need time: Begins: 6:30pm am/pm Ends.7:30pm_am/pm Security must be present
Will food or drink be sold? (Circle one).. ....Yes
(If Yes need time: Begins: am/pm Ends: _am/pm
Security must be present
Will there be dancing? (Circle one...... _am/pm Ends: Yes (If Yes need time: Begins: _am/pm
Security must be present
Will there be a dinner and alcohol served? (Circle one)... Yes (If Yes need time: Begin: _am/pm Ends:_ __am/pm
Security must be present
*Will alcoholic beverages be served? (Circle one)... ....Yes No (If Yes need time: Begin: am/pm Ends: _am/pm
Security must be present
*Will alcoholic beverages be sold?(Circle one).. ....Yes No (If Yes need time: Begin:_ _am/pm Ends: _am/pm
Security must be present
(*Serving/Selling alcoholic beverages requires specific insurance coverage)
ALL REQUIREMENTS OF ABC LICENSING REGULATIONS SHALL BE
ADHERED TO
1. David Preciado → agree to follow all rules, regulations and policies of the City of Orange Cove and the Orange Cove Police Department on the use of the facility requested.
I understand that I am responsible for any, and all, repair costs for damages to the building, park and/or surrounding areas.
I understand the City of Orange Cove will not be held responsible for items brought to this activity as requested in this application which becomes lost, stolen or damaged before during or after activity. This is to include damage or loss due to any mechanical failure that may occur.
The City of Orange Cove reserves the right to require that the building user provide adequate liability insurance coverage for the City and the user against claiming for money or damages.
The City requires a Certificate of Insurance showing that adequate coverage is in effect before the event can be held. The Lessee shall save, keep and hold harmless the City of Orange Cove, its officers, agents, employees, and volunteers from all damages, costs or expenses in law or equity that may at any time arise or be set up because of damages to property or personal injury received by reason or in the course of use which may be occasioned by any willful or negligent act or omissions of the Lessee, any of the Lessee's employees, or guest. The City of Orange Cove will not be held liable for any accident, loss or damage. I also understand that in accordance with the law smoking is prohibited in public buildings pursuant to Ordinance No. 284.
Signature of Applicant: David Preciado Date: 9/24/2025
RATES AND FEES ARE SUBJECT TO CHANGE UPON CITY COUNCIL APPROVAL,
AND/OR CITY SPONSORED EVENTS WILL TAKE PRECEDENCE AND MAY BUMP OTHER
RESERVED EVENTS
-- ALL FEES ARE DUE WITHIN 10 WORKING DAYS OF ACTIVITY DATE. DEPOSIT IS DUE WHEN APPLICATION IS SUBMITTED. FEES AND DEPOSITS ARE NOT REFUNDABLE IF EVENT IS CANCELED WITHIN 30 _ DAYS PRIOR TO EVENT. NON- REFUNDABLE PROCESSING FEE IS DUE WHEN APPLICATION IS SUBMITTED.
CITY OF ORANGE COVE
UNIFORMED SECURITY GUARD REQUIREMENTS
Private security officers are required whenever there is a dance, dinner, and/or alcoholic beverages being served at any function being held at a City owned facility.
All Security Companies must be Licensed with the Department of Consumer Affairs, Bureau of Security and Investigating Services. The Security companies must have a business licenses to do business in the City of Orange Cove and must be turned in with the application.
Private security companies are listed in the telephone directory, internet, and on the State web site www.bsis.ca.gov
RULES FOR THE USE OF THE VICTOR P. LOPEZ CENTER
As per the Orange Cove Police Department requirements there shall be one uniformed security guard for every 50 people present and no less than 3 uniformed security guards at any given time per event. There shall be a least one uniformed security guard at the entrance of the community center patrolling the entrance and the hall corridor at all times during the social function. There shall be a least two uniformed security guards in the center at all times. Uniformed security guard firm shall be licensed Bethe City and State of California and have the proper insurance/bonding._ Initial.
Hours of operation shall not exceed 12:00 midnight unless approved by the City Council/Police Department. The consumption of alcoholic beverages (no bottled or glass containers) is allowed only inside the gym with proper supervision and prior approval by the City Council. DP Initial.
3. There shall be no bottled alcohol beverages allowed while entering into the building other than what is being hosted by the party. Initial. DP
The use of restrooms is limited only to those at the main entrance. DP Initial.
The party will be responsible for verifying the possession of required invitation.
Admittance will only be allowed after proof of invitation. A uniformed security guard can be accompanied with the party checking the invitation. DP Initial.
6. The party shall adhere to the City of Orange Cove Social Host OrdinancDP Initial.
Attendance shall never exceed the number approved by the City Council DP Initial.
There shall be no use of the kitchen area after finishing with dinner except for the kitchens cleaning DP Initial.
Anchor Avenue entrance will be used as the main entrance for all events DP Initial.
10. No smoking or loitering allowed anywhere on the premises_ DP Initial.
11. All children are to remain inside the center with proper supervision DP Initial.
12. The center shall be kept clean and free of litter at all times DP Initial.
13. Expected attendance must correspond to the number stated on application. Any violation in this manner will result in stoppage of further entry or cancellation of the event for public safety. DP Initial.
14. Guests must remain in the center while event is in progress DP Initial.
15. All acoustical panels and sound system equipment must not be disturbed, dirtied, or dadased and agrento all of the stipulations mentioned above and will adhere or damaged _DP
16. to them accept all responsibility if violated
SIGNATURE OF RESPONSIBLE PARTY David Preciado
Y. ai
For the Special Meeting of September 26, 2025
CITY OF ORANGE COVE
REPORT TO THE CITY COUNCIL
To: Orange Cove City Council
From: Samuel A. Escobar, City Manager
Subject: Approval of 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 from July 1, 2025 to June 30, 2026.
Attachments: Agreement and Resolution Number 2025-31
BACKGROUND:
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 "TEAC". The 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 as Exhibit A and which is referred to herein as the "PRIME CONTRACT.
RECOMMENDATION:
Staff recommends approval of the 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 from July 1, 2025 to June 30, 2026.
Prepared by: Cynthia Cisneros Approved by: Samuel A. Escobar REVIEW: 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
FISCAL IMPACT:
California Department of Education funded amount is $1,935,293. The Administrative service fees are $96,764.65 (five percent).
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
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
The 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 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. TEAC will use its own property to fulfill the SUBCONTRACT and operate the child development center referenced above.
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, 2025 to June 30, 2026.
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 five percent (95%) 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 2025-26; 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 (ill) 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, 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.
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. 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.
25. 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.
26. 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.
27. 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 are contrary to or inconsistent with such holding, shall remain in full force and effect.
CONTRACTOR and CITY:
City of Orange Cove
Samuel A. Escobar, City Manager Date
SUBCONTRACTOR AND TEAC:
Target Eight Advisory Council Inc.
Mario Villarreal, Board Chairman Date
RESOLUTION NO. 2025-31
THIS RESOLUTION IS ADOPTED IN ORDER TO CERTIFY THE APPROVAL OF
THE 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 FOR FISCAL YEAR 2025-2026.
WHEREAS, the City Council of the City of Orange Cove hereby approves the Agreement with Target Eight Advisory Council, Inc. relating to Child Development services under the California Department of Education California State Preschool Program from July 1, 2025 to June 30, 2026.
CLERK'S CERTIFICATION
1, Cynthia Cisneros, Municipal City Clerk of the City of Orange Cove, certify that the foregoing Resolution was adopted by the Council of the City of Orange Cove, at a Special City Council meeting held on September 26th, 2025, by the following vote:
PASSED, ADOPTED AND APPROVED this 26th day of September 2025 by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Approved
DIANA GUERRA-SILVA
Mayor
Attest:
CYNTHIA CISNEROS
City Clerk