ANY WRITINGS OR DOCUMENTS PROVIDED TO A MAJORITY OF THE CITY COUNCIL LESS THAN 72 HOURS PRIOR TO A
REGULAR MEETING REGARDING ANY ITEM ON THIS AGENDA WILL BE MADE AVAILABLE FOR PUBLIC INSPECTION, DURING NORMAL BUSINESS HOURS, AT THE CITY CLERK’S OFFICE & CITY HALL LOBBY LOCATED AT 1700 7TH STREET AND SANGER LIBRARY 1812 7TH STREET, SANGER, CA 93657. THE DOCUMENTS ARE ALSO AVAILABLE ON THE CITY’S WEBSITE, WWW.CI.SANGER.CA.US.
AGENDA
SANGER CITY COUNCIL
REGULAR MEETING
THURSDAY, JANUARY 4, 2024
6:00 P.M.
COUNCIL CHAMBER
1700 7th Street, Sanger, California 93657
Prior to action by the Council on any item on this agenda, the public may comment on that item.
A. CALL TO ORDER
B. OPENING CEREMONIES
Invocation
Flag Salute
Roll Call
C. AGENDA APPROVAL, ADDITIONS AND/OR DELETIONS
Note: The following item will commence no sooner than 6:15 PM.
D. PUBLIC HEARING
1. SUBJECT: Redrawing of City Council District Boundaries as a Result o f Annexation of Property.
RECOMMENDATION: T hat the City Council conduct Public Hearing No. 2 to receive a report from staff on the draft map of City Council District Boundaries as a result of Annexation of Property and to receive public input.
E. PRESENTATIONS
1. Measure S Grantee Reports.
a. Boys & Girls Club
b. SAM Academy
c. Sanger Young Life
d. Set Free
AVAILABLE FOR REVIEW 72 HOURS
PRIOR TO THE CITY COUNCIL MEETING
AT THE SANGER LIBRARY, CITY CLERK’S
OFFICE AND THE SANGER CITY HALL
LOBBY.
City Council Agenda
January 4, 2024
F. PUBLI C FORUM
(This portion of the meeting is reserved for members of the public who wish to address the Council on any matter not listed on the agenda and within the subject matter jurisdiction of the City Council. Each speaker is limited to three minutes. Speakers shall address all comments to the Mayor and the Council as a body and not to any particular Council Member or member of the staff. Speakers are asked, but not required, to state their name and address. The Council is prohibited by law from taking action on items not on the agenda.)
G. CONSENT CALENDAR
(Matters listed under the consent calendar are considered routine and will be enacted by one motion and one vote. There will be no separate discussion of these items. If discussion is desired, a member of the audience or a Council Member may request an item be removed from the Consent Calendar and it will be considered separately.)
1. SUBJECT: Minutes of the Special and Regular Meetings held on December 7, 2023, Special Meeting held on December 16, 2023, and Special and Regular Meetings held on December 21, 2023.
R ECOMMENDATION: That the City Council approve.
2. SUBJECT: Letter of Support – Caltrans FY2024 -25 Climate Adaptation Planning Grant Application.
RECOMMENDATION: Tha t the City Council submit a letter in support of the Fresno Council of Governments’ application for the Caltrans FY2024- 25 Climate Adaptation Planning Grant.
3. SUBJECT:
Letter of Support – California Department of Transportation FY2024-25 Sustainable Communities Planning Grant Program.
RECOMMENDATION: Th at the City Council submit a letter in support of the efforts by the Fresno County Regional Rail Feasibility Study seeking grant funding under the California Department of Transportation’s FY2024 -25 Sustainable Communities Planning Grant Program.
4. SUBJECT:
New Police Cadet Position.
RECOMMENDATION: That the City Council adopt Resolution No. 2024-01 creating a new classification and setting a salary range for a full -time Police Cadet position, and approve a Side Letter Agreement between the City of Sanger and the Sanger Police Officers Association.
5. SUBJECT:
Amendment to Subrecipient Agreement.
RECOMMENDATION: That the City Council authorize the Interim City Manager to approve an amendment to extend the subrecipient agreement between the City and Self-Help Enterprises to administer/implement contract 19-HOME- 14973 to December 31, 2024.
2 City Council Agenda
January 4, 2024
H. DEPARTMENT REPORTS
1. SUBJECT: Authorization for Out of State Travel.
RECOMMENDATION: That the City Council authorize Out of State travel for Mayor Gonzalez to attend the Fresno COG One Voice D.C. trip from March 16 – 22, 2024.
I. CITY MANAGER/STAFF COMMUNICATION
J. MATT
ERS INITIATED BY CITY COUNCIL MEMBERS
(This portion of the meeting is reserved for Council Members to initiate new matters and to request updates and/or status on existing matters. Under this section, the Council may also take action on any items specifically agendized.)
K. ADJOURNMENT
I certify under the penalty of perjury, under the laws of the State of California that the foregoing agenda was posted in accordance with the applicable legal requirements. Dated this 28th day of December 2023.
Rebeca Padron, City Clerk
ADA COMPLIANCE AND REASONABLE ACCOMMODATIONS POLICY. The Council has adopted a Reasonable Accommodation Policy which is available on the City website at www.ci.sanger.ca.us or upon request by emailing the City Clerk at [email protected]. The Policy provides a procedure for receiving and resolving requests for accommodation to participate in this meeting. If you need assistance in order to attend this Council meeting or require auxiliary aids or services, e.g., hearing aids or signing services to make a presentation to the Council, please email the City Clerk or call by phone at (559) 876 -6300 extension 1350 so such aids or services can be arranged.
Accommodations should be requested as early as possible as additional time may be required in order to provide the requested accommodation.
NOTICE OF AVAILABILITY OF AGENDA DOCUMENTS. Writings related to the agenda are available at Sanger City Hall, 1700 7 th Street, Sanger, CA 93657 and are posted online at www.ci.sanger.ca.us. Writings provided to a majority of the City Council within 72 hours of the meeting regarding any item on this agenda will be made available for public inspection at the City Clerk’s Office located at Sanger City Hall, 1700 7 th Street, Sanger, CA 93567 and will be posted online at www.ci.sanger.ca.us.
3 For the Meeting of: January 4,2024
Agenda Item No.:
D-tCITY OF SANGER
REPORT TO THE CITY COUNCIL
TO:
FROM:
SUBJECT:
MAYOR AND COLTNCILMEMBERS
Becky Padron, City Clerk/Deputy Personnel Officer
Public Hearing to Receive Input from the community Regarding Draft Map of City Council District Boundaries As a Result of Annexation of Property Attachments: Map Depicting Council Districts and Annexed Territory RECOMMENDATION:
That the City Council conduct Public Hearing No. 2 to receive a report from staff on the draft map of City Council District Boundaries as a result of Annexation of Property and to receive public input.
EXECUTIVE SUMMARY:
Every ten years, cities with by-district election systems must use new census data to review and, if needed, redraw district lines to reflect how local populations have changed. That process was completed in April 2022. Since then, the City has annexed property. The Elections Code provides for adding the annexed property to the nearest existing Council district. Even though that criteria is mandatory, the City must hold four public hearings before adopting a final map in the same way it did for the decennial process. This is Public Hearing No. 2. At this meeting the Council will consider the draft map which includes the boundary area of the annexed property. The final map will be adopted by ordinance after the fourth public hearing.
BACKGROUND:
1n2022, the City Council adopted Ordinance No. 2022-03 which redrew district boundaries using the2020 census data and in compliance with the FAIR MAPS Act ("Act"), which was adopted by the California legislature as AB 849 and took effect January I,2020.
Since the adoption of the current boundary maps, the City annexed territory known as the North Academy Corridor Annexation consisting of 283.3 acres. The annexed territory has a population of 36 persons with 36 registered voters. Attached is a map depicting the annexed area and nearest Council district. The annexed Prepared by: Approved by:
REVIEW: City Manager: h/ Finance: City Attomey:
TYPE OF ITEM:
X
Consent
Informational Item
Action Item
Department Report
COUNCIL ACTION: APPROVED DENIED NO ACTION
X Public Heating
Matter Initiated by a Council Member
Other:
Continued to:
4 area is primarily vacant agricultural land. The Council District Boundary Maps need to be modified to incorporate the annexed territory prior to April2024. Attached is a map depicting the annexed area and nearest Council district.
The Elections Code governs the criteria and procedures for adding annexed property to Council districts.
Elections Code 21603 includes mandatory language for adding the new territory to the nearest Council district. Since the law mandates where the City must place the new territory, it does not make much sense to have hearings. However, after considerable analysis, the Section 21607.I procedures for four public hearings apply even if a City is simply adding the annexed territory to an existing district without changing any other districts. The following are the relevant code sections:
Elections Code Section 21603:
(a) If the boundaries of a city expand by the addition of new territory, including through annexation of unincorporated territory or consolidation with another city, the council shall add that new tenitory to the nearest existing council district without changing the boundaries of other council district boundaries.
Elections Code Section 21605:
(a) After redistricting or districting pursuant to Section 21601 or 27603, a council shall not adopt new council district boundaries until after the next federal decennial census, except under the following circumstances :
(1) A court orders the council to redistrict.
(2) The council is settling a legal claim that its council district boundaries violate the United States Constitution, the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.), or this article. (3) The boundaries of the city change by the addition of territory pursuant to Section 21603 or by the subtraction of territory.
(b) This section does not prohibit a council from adopting council districts between federal decennial censuses if the council is adopting council districts for the first time, including when a city adopts council districts for the purpose of transitioning from electing its council members in at-large elections to elections by districts or from districts.
Elections Code Secti on 21607
Before adopting the boundaries of a council district pursuant to Section 2160I or 21603, or for any other reason, the council shall hold public hearings on the proposal in accordance with Section 21607.1. This section does not apply when a city transitions from at-large to district-based elections.
Elections Code Section 21607.1 : This code provision provides in part:
a) Before adopting a final map, the council shall hold at least four public hearings at which the public is invited to provide input regarding the composition of one or more council districts.
SUMMARY
The mandatory criteria that the City must comply with are as follows:
1. Any annexed property must be added to the nearest existing Council district; and
2. No other changes to existing Council districts can occur.
The City must hold at least four public hearings that enable community members to provide input on the drawing of district maps. The first hearing was held on Decemb er 7 , 2023 . This evening's hearing is the 5 second hearing. Thereafter, two Public Hearings will be held to invite public input regarding the composition of the City's proposed modifications to the voting districts after the draft maps are drawn.
After the Public Hearings, the City Council will introduce an ordinance approving a map with the modified voting district boundaries scheduled for February 20,2024, and the ordinance will then be presented for final adoption on March 5,2024.
REASON FOR RECOMMENDATION:
To comply with state law which requires that Council districts be redrawn to account for annexed tenitory.
FISCAL IMPACT:
There is no fiscal impact to modi$ing the boundaries other than staff time to prepare the necessary staff reports and modify the district boundary maps.
ALTERNATIVES:
State law requires that Council district be redrawn to account for annexed territory. This should be conducted timely so that voters in annexed territory may vote in City elections or be eligible to run as candidates to the adjoining district.
ACTIONS FOLLOWING APPROVAL:
After completing the four-hearing process, the Council will adopt an ordinance amending the district boundaries and the City Clerk will submit the information to the Fresno County Elections Office. 6 7
Minutes of a Special Meeting of the Sanger City il
THURSDAY, DECEMBER 7, 2023
5:30 PM
COUNCIL CHAMBER
1700 7rH Street, Sanger, California 93657
A. CALL TO ORDER
The City Council called their Special Meeting to order at 5:30 PM B. ROLL CALL
Present:
Absent:
Mayor Frank Gonzalez, Mayor Pro Tem Daniel Martinez, Council Member Esmeralda Hurtado, Council Member Dolores Melendez
Council Member Michael Montelongo
C. AGENDA APPROVAL
The Council by motion of Council Member Hurtado approved the agenda as posted. The motion was seconded by Mayor Pro Tem Martinez and approved by the following vote:
AYES: GONZALEZ, MARTINEZ, HURTADO, MELENDEZ
NOES: NONE
ABSTAIN: NONE
ABSENT: MONTELONGO
D. PUBLIC FORUM
None.
E. CLOSED SESSION
The Council adjourned to Closed Session at 5:31 PM.
1. Pursuant to Government Code Section 54957
PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT
City Manager
Council Member Montelongo arrived at approximately 5:35 PM and joined the Council in Closed Session.
The Council reconvened their Special Meeting at 6:03 PM.
F ATTORNEY REPORT
City Attorney Hilda Cantu Montoy announced that Council Member Montelongo arrived late, all Council Members were present, and no reportable action was taken in Closed Session. w.
8 City Council Special Meeting Minutes
December 7, 2023
G. ADJOURNMENT
Being no further business, the Council adjourned their Special Meeting at 6:03 PM ATTEST:
Rebeca Padron, City Clerk
9 Minutes of a Regular Meeting of the Sanger City Council THURSDAY, DECEMBER 7, 2023
6:00 P.M.
COUNCIL CHAMBER
n00 7th Street, Sanger, California 93657
A. CALL TO ORDER
The Council called their meeting to order at 6:03 PM.
B. OPENING CEREMONIES
The invocation was offered by Pastor Paul Canaday.
The flag salute was led by Mayor Frank Gonzalez.
Roll Call
Present:
Absent
C. AGENDA APPROVAL, ADDITIONS AND/OR DELETIONS
The Council by motion of Council Member Montelongo moved Agenda Item E-l after C-l, and Agenda Item I-l after D-l. The motion was seconded by Mayor Pro Tem Martinez and approved by the following vote:
Mayor Frank Gonzalez, Mayor Pro Tem Daniel Martinez, Council Member Esmeralda Hurtado, Council Member Michael Montelongo, Council Member Dolores Melendez
None
GONZALEZ, MARTINEZ, HURTADO, MONTELONGO, MELENDEZ
NONE
NONE
NONE
AYES:
NOES:
ABSTAIN
ABSENT:
D. PUBLIC HEARING
I SUBJECT: (NO COUNCIL ACTION REQUIRED) Redrawing of City Council District Boundaries as a Result of Annexation of Property Members.
The City Council held a public hearing at 6:15 pm to receive a report on the redistricting process as a result of the annexation of property members, and permissible criteria for redrawing district boundaries for the four City Council districts.
10 City Council Regular Meeting Minutes
December 7, 2023
Public comment:
Unidentified audience member asked why a redistricting is occurring now.
City Attorney Hilda Cantu Montoy indicated that a redistricting is required due to the annexation of property.
The Council closed the public hearing.
E. PRESENTATIONS
l. The CrisCom Company Quarterly Report.
Renee Missakian provided The CrisCom Company's quarterly report.
F. PUBLIC FORUM
Unidentified audience member provided comment regarding trash in the alley Osvaldo Vera thanked the Council for reopening the gym and invited the Council to a Dolores Huerta Foundation event to be held on December 13.
Unidentified audience member suggested the Council let the new city manager have input on some of the decisions being made today. He stated that in May he asked for an update on cameras at street crossings, repairs at JFK Park, and the plaque for the Catholic Church.
G. CONSENT CALENDAR
The City Council by motion of Mayor Pro Tem Martinez pulled Agenda Item G-3 and approved the following items on the Consent Calendar:
SUBJECT: APPROVED - Final Acceptance for Well 19 Test Well.
The City Council:
1. Accepted the work for the Well No. 19 Test Well in the amount of $230,825.00;
2. Authorized recordation of the Notice of Completion with the Fresno County Recorder; and
3. Authorized payment of 5Yo retention in the amount of $41I,54L25 to Johnson Drilling Company upon expiration of the 35-day lien period.
SUBJECT: APPROVED - Technical Service Support Agreement with Stryker Medical.
The City Council approved the technical support agreement between the City of Sanger and Stryker Medical, and authorize the Interim City Manager to execute the agreement on behalf of the City.
1 2
11 City Council Regular Meeting Minutes
December 7, 2023
SUBJECT: APPROVED - Emergency Repairs: Domestic and Industrial Pipe.
The City Council adopted Resolution No. 2023-66 reviewing the emergency action taken by the Interim City Manager to make emergency repairs on sewer lines and approving the award of emergency contract(s) without competitive bidding for the emergency repairs of the domestic and industrial effluent lines located at the city's wastewater treatment plant.
The motion was seconded by Council Member Montelongo and approved by the following vote:
AYES: GONZALEZ, MARTINEZ, HURTADO, MONTELONGO, MELENDEZ NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
3. SUBJECT APPROVED - Out of State Travel Request.
Public comment:
Unidentified audience member stated that he supports training or anything to better an individual and suggested that the Chiefjust came back and provide a report about what was beneficial.
The City Council by motion of Mayor Pro Tem Martinez approved the Out of State travel and training for the Fire Chief and Executive Assistant to attend the Administrative Fire Services Section annual conference in Reno, Nevada from April l0 - 13, 2024. The motion was seconded by Council Member Melendez and approved by the following vote:
4 AYES:
NOES:
ABSTAIN
ABSENT:
GONZALEZ, MARTINEZ, HURTADO, MONTELONGO, MELENDEZ
NONE
NONE
NONE
H. PUBLIC HEARING
The City Council held a public hearing to discuss the vacation of an unnamed existing alley between Cherry and Edgar Avenues, and west of Academy Avenue.
SUBJECT: Vacation of an Unnamed existing Alley between Cherry and Edgar Avenues, and West of Academy Avenue.
Council Member Hurtado recused herself from this agenda item because her employer has an interest in the action, and left the dais.
Public comment:
I
None.
12 The Council closed the public hearing.
The City Council by motion of Council Member Montelongo adopted Resolution No.2023-67 vacating the subject alley vacation area. The motion was seconded by Mayor Pro Tem Martinez and approved by the following vote:
City Council Regular Meeting Minutes
December 7, 2023
AYES:
NOES:
ABSTAIN (RECUSAL)
ABSENT:
GONZALEZ, MARTINEZ, MONTELONGO, MELENDEZ
NONE
HURTADO
NONE
Council Member Hurtado returned to the dais at 7:04 PM.
I DEPARTMENT REPORTS
1. SUBJECT: Amendment to Agreement with The CrisCom Company.
The City Council by motion of Mayor Pro Tem Martinez approved Amendment No. I to Contract for Consultant Services with The CrisCom Company relating to lobbying and advocacy services, effective January 1,2024, in addition to their current grant writing services and authorized the Interim City Manager to execute the Amendment. The motion was seconded by Council Member Melendez and approved by the following vote:
AYES: GONZALEZ, MARTINEZ, HURTADO, MONTELONGO, MELENDEZ NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
2. SUBJECT: Appointment to the Consolidated Mosquito Abatement District Board of Trustees.
The City Council by motion of Mayor Pro Tem Martinez reappointed Karen Steinhauer to a four- year term on the Consolidated Mosquito Abatement District Board of Trustees. The motion was seconded by Council Member Montelongo and approved by the following vote:
AYES: GONZALEZ, MARTINEZ, HURTADO, MONTELONGO, MELENDEZ NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
3. SUBJECT: APPROVED - Final Map Agreements and Covenants for Tract No. 6327 - Phase II of Tract No. 5826
Public comment:
Matt with DR Horton thanked staff for their work on the project. 13 City Council Regular Meeting Minutes
December 7, 2023
The City Council by motion of Council Member Montelongo adopted Resolution No. 2023-68, approving:
1. The Final Map for Tract No. 6327 , Phase II of Tract No. 5826;
2. The Subdivision Agreement for Final Map of Tract No. 6327, Phase II of Tract No.5826;
3. Statement of Covenants affecting Land Development acknowledging Right to Farm Law for the Final Map of Tract No. 6327, Phase II of Tract No. 5826;
4. Covenant regarding Land Development for the Final Map of Tract No. 6327, Phase II of Tract No. 5826 "sanger Landscape and Lighting District No. 2";
5. Covenant regarding Land Development for the Final Map of Tract No. 6327, Phase II of Tract No. 5826 "Community Facilities District No. 2005-01".
6. Temporary Sewer Lift Station Covenant Affecting Land Development for the Final Map of TractNo.6327, Phase II of TractNo.5826; and
7. Agreement for Common Use of Easements.
The motion was seconded by Mayor Pro Tem Martinez and approved by the following vote:
AYES: GONZALEZ,MARTINEZ,MONTELONGO,MELENDEZ
NOES: NONE
ABSTAIN: HURTADO
ABSENT: NONE
SUBJECT: APPROVED - Authorization to Advertise for Bids - Well 19 Drilling and Development.
The City Council by motion of Council Member Montelongo provided direction to Staffto advertise for bids for a project to drill and develop Well 19 prior to the final approval of a funding agreement with the State Water Resources Control Board Division of Financial Assistance (DFA). The motion was seconded by Council Member Hurtado and approved by the following vote:
AYES: GONZALEZ, MARTINEZ, HURTADO, MONTELONGO, MELENDEZ NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
5. SUBJECT: Sanger Youth Council.
Public comment:
Unidentified audience member stated that he agreed this needs to get started again.
The City Council by motion of Mayor Gonzalez supported bringing back the Sanger Youth Council with adjustments to maximize the program. The motion was seconded by Mayor Pro Tem Martinez and approved by the following vote:
4 14
City Council Regular Meeting Minutes
December 7, 2023
6. SUBJECT: Measure S Renewal BeginningFY 2029.
Public comment:
Unidentified audience member stated that he does not feel the rush and there are still a lot of years. He suggested the Council place the item on the2026 ballot and wait until we get a new city manager.
The City Council by motion of Mayor Pro Tem Martinezauthorized the Interim City Manager to negotiate an agreement for Council review and approval, with The Led Edwards Group to provide planning, communications & engagement services for the City of Sanger's long-term public safety vision for the November 2024ballot The motion was seconded by Council Member Montelongo and approved by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
AYES:
NOES:
ABSTAIN
ABSENT:
AYES:
NOES:
ABSTAIN
ABSENT:
GONZALEZ, MARTINEZ, HURTADO, MONTELONGO, MELENDEZ
NONE
NONE
NONE
GONZALEZ, MARTINEZ, HURTADO, MONTELONGO, MELENDEZ
NONE
NONE
NONE
GONZALEZ, MARTINEZ, HURTADO, MONTELONGO, MELENDEZ
NONE
NONE
NONE
7. SUBJECT: Fresno County Draft Infectious Disease Ordinance The City Council by motion of Council Member Hurtado supported the Fresno County Infectious Disease Ordinance, scheduled for a vote at the Fresno County Supervisors' meeting on Tuesday, December 12,2023, and approved City of Sanger's participation. The motion was seconded by Council Member Montelongo and approved by the following vote:
J ER/STAFF C
None.
K. MATTERS INITIATED RY CITY COUNCIL MEMBERS
Mayor Pro Tem Martinez
l. Recognized the Chamber for all the great events these past couple of weeks.
2. Stated that he emailed some items to the Interim City Manager and they were addressed. 15 City Council Regular Meeting Minutes
December 7, 2023
Council Member Hurtado
None.
Council Member Montelonso
l. Thanked Karen and the Chamber for the outstanding job with the Tree Lighting event and the Parade.
Council Melendez
1. Thanked the Public Works Department for cleaning up the park.
2. Requested an update regarding the JFK Park slide and water park repairs.
3. Requested alley clean up.
Mayor Gonzalez
l. Received several complaints regarding junk at 5th and West.
2. Explained the importance of making a police report when incidents that need action occur in order to acquire evidence and witnesses.
3. Attended the National League of Cities Conference in Atlanta where he made contacts with vendors and received good information, specifically regarding economic development.
L. ADJOURNMENT
Being no further business, the Council adjourned their meeting at 8:08 PM.
ATTEST
Rebeca Padron, City Clerk
16 ANCER
il
Minutes of a Special Meeting of the Sanger City Council SATURDAY, DECEMBER 16, 2023
9:00 AM
COUNCIL CHAMBER
1700 7rH Street, Sanger, California 93657
A. CALL TO ORDER
The City Council called their Special Meeting to order at 9:01 AM.
B. ROLL CALL
Present: Mayor Frank Gonzalez, Mayor Pro Tem Daniel Martinez, Council Member Esmeralda Hurtado, Council Member Michael Montelongo, Council Member Dolores Melendez
Absent: None
C. AGENDA APPROVAL
The Council by motion of Council Member Montelongo approved the agenda as posted. The motion was seconded by Mayor Pro Tem Martinezand approved by the following vote:
AYES: GONZALEZ, MARTINEZ, HURTADO, MONTELONGO, MELENDEZ NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
D. PUBLIC FORUM
None.
E. CLOSED SESSION
The Council adjourned to Closed Session at 9:02 AM.
1. Pursuant to Government Code Section 54957
PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT
City Manager
The Council reconvened their Special Meeting at3:27 PM.
F. CITY ATTORNEY REPORT FROM CLOSED SESSION
City Clerk Rebeca Padron announced no reportable action was taken in Closed Session. 17 City Council Special Meeting Minutes
December 16, 2023
G. ADJOURNMENT
Being no further business, the Council adjoumed their Special meeting at3:27 PM.
ATTEST:
Rebeca Padron, City Clerk
18 Minutes of a Special Meeting of the Sanger City Council THURSDAY, DECEMBER 21, 2023
4:30 PM
COTINCIL CHAMBER
1700 7rH Street, Sanger, California 93657
A. CALL TO ORDER
The Council called their Special Meeting to order at 4:30 PM.
B. ROLL CALL
Present: Mayor Frank Gonzalez, Mayor Pro Tem Daniel Martinez, Council Member Michael Montelongo
Absent: Council Member Esmeralda Hurtado, Council Member Dolores elendez C. AGENDAAPPROVAL
The Council by motion of Council Member Montelongo approved the agenda as posted. The motion was seconded by Mayor Pro Tem Martinez and approved by the following vote:
AYES: GONZALEZ, MARTINEZ, MONTELONGO
NOES: NONE
ABSTAIN: NONE
ABSENT: HURTADO, MELENDEZ
D. PUBLIC FORUM
None.
E. CLOSED SESSION
The Council adjoumed to Closed Session at 4:31 PM
1. Pursuant to Government Code Section 54957
PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT
City Manager
Council Member Esmeralda Hurtado and Council Member Dolores Melendez arrived at approximately 4:35 p.m. and joined the Council in Closed Session.
The Council reconvened their Special Meeting at 6:00 p.m. City Attorney Hilda Cantu Montoy announced Closed Session will resume after the end of the Regular Meeting The Council called for a recess of the Special Meeting at 6:02 p.m.
The Council reconvened their Special Meeting at7:07 p.m. and adjourned into Closed Session. 19 City Council Special Meeting Minutes
December 21, 2023
The Council reconvened their Special Meeting at 8:03 p.m.
F. CITY ATTORNEY REPORT FROM CLOSED SESSION
City Attorney Montoy announced no reportable action was taken in Closed Session.
G. ADJOURNMENT
Being no further business, the Council adjourned their Special Meeting at 8:04 p.m.
ATTEST:
Rebeca Padron, City Clerk
20 Minutes of a Regular Meeting of the Sanger City Council THURSDAY, DECEMBER 21, 2023
6:00 P.M.
COLINCIL CHAMBER
1700 7th Street, Sanger, California 93657
A. CALL TO ORDER
The City Council called their meeting to order at 6:02 p.m.
B. OPENING CEREMONIES
The invocation was offered by Pastor Paul Canaday.
The flag salute was led by Mayor Frank Gotualez
Roll Call
Present:
Absent
Mayor Frank Gonzalez, Mayor Pro Tem Daniel Martinez, Council Member Esmeralda Hurtado, Council Member Michael Montelongo, Council Member Dolores Melendez
None
C. AGENDA APPROVAL. ADDITIONS AND/OR DELETIONS
The Council by motion of Council Member Montelongo approved the agenda as posted. The Motion was seconded by Mayor Pro Tem Martinez and approved by the following vote:
AYES: GONZALEZ, MARTINEZ, HURTADO, MONTELONGO, MELENDEZ NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
D. PUBLIC FORUM
Tom Nicholson wished the Council a Merry Christmas
Kevin Carter stated that some council members are abstaining when it is time to vote. He said they should stand up and be accountable and responsible. He said that when a member abstains they are avoiding taking a stand and dodging accountability and he does not feel they are representing constituents when they don't vote. He stated that he thinks the Council should have spending limits for campaigns and the City should go back to having five districts and the mayor be chosen by the Council.
21 City Council Regular Meeting Minutes
December 2l, 2023
Henry Provost stated that council members abstaining to vote are not doing what the people elected them to do which is to take care of business unless they have connection to the item. He stated that the handicap parking space in front of Tops is no longer there and that there is no handicap parking on 7th street, only on crossing streets.
Unidentified audience member stated that he will not vote for Measure S unless funds are guaranteed for non-profits for gang and drug prevention. He said that a comment was made at the last meeting about the City having invested $4 million to non-profits and gang/drug prevention and said he would like to know where that figure came from.
Osvaldo Vera said he had a message from the Dolores Huerta Foundation: not a single person showed up for the potluck they were invited to.
E. CONSENT CALENDAR
The Council by motion of Mayor Pro Tem Martinez pulled Agenda Item E-2 and approved the following items on the Consent Calendar:
SUBJECT: APPROVED - Minutes of the Special Meeting held on September 26,2023, Special Meeting and Regular Meetings held on November 16,2023, and Special Meeting held on November 30,2023.
SUBJECT: APPROVED - Payroll including Direct Deposit Nos. 61480 through 61722; Payroll CheckNos. 59318 through 59363; and Benefit Check Nos. 1944 through 1951.
4. SUBJECT INFORMATIONAL ITEM - Police Department Monthly Report.
SUBJECT: INFORMATIONAL ITEM - Fire Department Monthly Report.
SUBJECT: APPROVED - Easement Acquisition - l7l5 & l7l7 7th Street- Commercial Building.
The City Council adopted Resolution No. 2023-69, which accepts the Deed of Easement for righrof-way for pedestrian purposes along the 7th Street frontage of the alley being partially reconstructed for access to a new commercial building located just south of City Hall on 7th Street.
SUBJECT: APPROVED - Easement Acquisition - Access to North Sanger Recharge Property.
The City Council adopted Resolution No. 2023-70, which accepts the Deed of Easement for access purposes along the north property line of APN 315-051-10 to the proposed groundwater recharge facility being constructed for the South Kings Groundwater Sustainability Agency.
1 a
-t
5. 6.
7 22
City Council Regular Meeting Minutes
December 21,2023
10. 11.
t2.
8 SUBJECT: APPROVED - North and Greenwood Sewer Lift Station Reconstruction Proj ect Contract Award.
The City Council:
l. Awarded the contract for the project to DG Construction, Inc., 2167 Shaw Avenue, Suite 1 15 #2092, Clovis, CA 93611, in the amount of 51,164,727.00, as lowest responsive and responsible bidder; and
2. Approved a construction contingency for change orders in the amount of 5116,470 (10%) for this project; and
3. Authorized the City Manager to sign contract documents on behalf of the City.
SUBJECT: APPROVED - Out of State Travel Request.
The City Council approved the Out of State travel and training for the Fire Department Executive Assistant and Billing Clerk to attend the National Conference on Ambulance Revenue Cycle, Management and Compliance (abc360) in Las Vegas, Nevada from March 12 - 14,2024.
SUBJECT: APPROVED - Acquisition of Police Radios.
The City Council:
1. Approved the acquisition of 45 new Police Radios for equipping new hires and replacing aging handheld radios from Vincent Communications Inc. in the amount of $50,554.39; and
2. Approved the allocation of $50,5 54.39 from Measure S to fulfill requirements of this project.
SUBJECT: APPROVED - Participation in the Medi-Cal Intergovernmental Rate Range Program.
The City Council approved:
1. Health Plan Provider Amendment to Agreement between the City of Sanger and Anthem Blue Cross; and
2. Health Plan Provider Agreement between the City of Sanger and Cal-Viva Health.
9 SUBJECT: APPROVED - FitnessReimbursementProgram/PolicyAmendment.
The City Council approved Resolution No. 2023-71 adopting a revised City Employee Fitness Reimbursement Policy.
13. SUBJECT: APPROVED - Resolution Authorizing City Manager to Execute Restricted Grant Agreements with the California Department of Transportation.
The City Council adopted Resolution No. 2023-72 authorizing the City Manager to execute all Restricted Grant Agreements and any amendments thereto with the California Department of Transportation for the Clean California Local Grant Program Cycle2.
The motion was seconded by Council Member Hurtado and approved by the following vote:
23 City Council Regular Meeting Minutes
December 21,2023
AYES:
NOES:
ABSTAIN
ABSENT:
GONZALEZ, MARTINEZ, HURTADO, MONTELONGO, MELENDEZ
NONE
NONE
NONE
SUBJECT: INFORMATIONAL ITEM - Warrants including Check Nos. 90527 through 90736.
Unidentif,red audience member asked what the money was spent on for check numbers 90613 and 90618 dated October 6,2023.
F. DEPARTMENT REPORTS
I SUBJECT: APPROVED - Consultant Services Agreement with The Lew Edwards Group.
Public comment:
Osvaldo Vera said he worked very hard for Measure S but thought there would be more invested in the children but it hasn't happened and if it doesn't Measure S is gone.
Efren Rubio submitted written comment and asked that his comment be read into the record (recording posted on the City's website).
Unidentified audience member stated that non-profits are a key issue to gang prevention and drug prevention. He said the consultants are good at their job but if they can't guarantee that non-profits will receive a portion of money then the City will be throwingaway $102,000.
Kevin Carter stated that the only thing being voted on today is whether the City will hire a company to present opinions on what should be done and advise the City on next steps.
The Council by motion of Council Member Montelongo approved the Consultant Services Agreement with The Lew Edwards Group in the amount of $102,250 to provide planning, communications, and engagement services for the purpose of placing the renewal of Measure S special tax on the November2024 General Election ballot and authorizedthe Interim City Manager to execute the agreement on behalf of the City. The motion was seconded by Mayor Pro Tem Martinez and approved by the following vote:
AYES: GONZALEZ, MARTINEZ, HURTADO, MONTELONGO, MELENDEZ NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
2. 24
G
City Council Regular Meeting Minutes
December 2l, 2023
AGER/STAFF
Interim City Manager Greg Garner announced the following
1. City Hall will be closed on December 26 and December 29. All essential services will remain open. The senior lunch program will be open. The Wastewater and Water Divisions will be fully staffed. The Streets, Parks & Facilities Division will have staff available to respond.
2. Staff had an opportunity to have a discussion with the Senior Citizen Coordinator on how to apply with grants and the proper procedure.
H. MATTERS TED BY CITY COUNCIL MEMBERS
Council Member Esmeralda Hurtado
1. Requested and received consensus to have the handicap parking on 7th street repainted andlor fixed.
2. Announced thatTth Street is in the works for repair.
Council Member Michael Montelongo
I . Thanked Staff for doing a great job and the Chamber as well.
2. Thanked the Sanger Scene for the positive publicity about the community and events.
3. Thanked all members of the public present for their efforts to come and speak.
4. Wished everyone a Merry Christmas and Happy New Year.
Council Member Dolores Melendez
1. Thanked the Public Works Department for doing a good job.
2. Thatked the Chamber for their hard work with events which is the Council's way to get close to the community.
3. Thanked the members of the public for their comments so Council is aware.
4. Wished everyone a Merry Christmas and Happy New Year.
Mayor Frank Gonzalez
l. Thanked the Public Works Department for their work.
2. Indicated that he likes the idea of having five districts and having everyone on a four-year term brings continuity.
3. Indicated that Measure S is a public safety tax and the way it's spent is public knowledge.
Anyone can look at past budgets and see how the money was spent.
4. Asked that Staff look into the checks brought up during public comment and provide clarification at the next meeting.
25 City Council Regular Meeting Minutes
December 21,2023
I. PUBLIC COMMENT PRIOR TO CLOSED SESSION
None.
J. CLOSED SESSION
The Council adjourned to Closed Session at 6:48 p.m.
Pursuant to Government Code Section 54956.9(dxl)
CONFERENCE WITH LEGAL COUNSEL _ EXISTING LITIGATION
Xochitl Sanchez v. City of Sanger, et al.
Fresno Co. Superior Court Case No. 22C8CG00099
The Council reconvened their meeting at7:06 p.m.
K. REPORT
City Attorney Hilda Cantu Montoy announced no reportable action was taken in Closed Session.
L. ADJOURNMENT'
Being no further business, the Council adjoumed their Regular Meeting at7.07 p.m.
ATTEST:
Rebeca Padron, City Clerk
1 26
For the Meeting of; January 4,2024
Agenda Item No.:
CITY OF SANGER
RE,PORT TO THE, CIry COUNCIL
9-A
To:
From:
Subject:
Mayor and City Council
Greg Garner,Interim City Manager
Letter of Support - Fresno council of Governments - caltrans FY2024-zs Climate Adaptation Planning Grant Applicant
Climate Adaption Planning Grant FACT Sheet
Draft Letter of Support
Attachment (s):
CONFLICT OF INTEREST:
None known.
RECOMMENDATION:
The City Council submit a letter in support of The Fresno Council of Governments' application for the Caltrans FY2024-25 Climate Adaptation Planning Grant.
DISCIISSION:
The Fresno Council of Governments is requesting letters of support for the Caltrans FY2024-25 Climate Adaptation Planning Grant to develop a Fresno County Extreme Heat Analysis and Shade Adaptation Plan. The plan will conduct an extreme heat vulnerability analysis to identify communities in Fresno County that are the most vulnerable to extreme heat. It will also develop a list of tree canopy and vegetative cover improvement projects for vulnerable communities to mitigate extreme heat impacts on the health of community members. The goal of this project is to inform future projects and general plan updates to address the frequency and severity of extreme heat.
Ptepared by: Greg Garner Apptoved by:
REVIEW: CityManager: b Finance: PC City Attomey:
TYPE OF ITEM:
X Consent
Informational Item
X Action Item
Depaftment Report
COMMITTEE ACTION: APPROVED DENIED NO ACTION
Public Hearing
Matter Initiated by a Council Member
Other:
Cont-inued to:
27 REASON FOR RECOMMENDATION:
To supportthe efforts ofthe Fresno COG in obtaining a Caltrans FY2024-25 Climate Adaptation Planning Grant.
FISCAL IMPACT:
None.
28 EXTREME HEAT ANALYSIS AND SHADE
ADAPTATION PLAN
>100
349
232,005
Days over 100°F in
2022
Heat-Related
Emergency Calls in
2021
Total ER Visits due to
Extreme Heat (2009-
2018)
WHAT WE ARE DOING:
The Fresno Council of Governments is pursuing a Caltrans Climate Adaptation Planning Grant to develop an Extreme Heat Analysis and Shade Adaptation Plan. The plan will identify which neighborhoods of Fresno County are most vulnerable to extreme heat. It will also identify corridors with high bike and pedestrian traffic that are candidates for increased native and drought-tolerant tree canopy and vegetative cover projects, as well as corridors for greenway projects. It will include a list of funding sources and community partners for developing the projects. The final plan will be shared directly with member agencies and can inform the jurisdictions’ master plans, general plans, and future projects.
WHY THIS IS IMPORTANT:
The climate of Fresno County traditionally produces warmer temperatures.
However, with climate change, the frequency and severity of hotter temperatures is expected to increase. The annual average maximum temperature for Fresno County is expected to rise 5.3 °F, in a medium emission scenario, or 8.7 °F in a high emission scenario, by the end of the century. The number of extreme heat days (above 94.3 °F) is expected to rise from 5 day per year to 43 days per year, under a Medium Emissions Scenario, and to 66 days per year under a High Emissions Scenario.
Last year, Fresno County experienced more than 100 days when temperatures were over 100°F and in 2021 there were 349 heat-related emergency calls, as shown in the map below. Additionally, 14 out of the 15 incorporated cities, and the majority of unincorporated Fresno County, are identified as disadvantaged communities in the SB 535 Disadvantaged Communities map. The average income is 25% below the state average, so over 58% of the residents are in low-income communities. These communities may not have the financial means to adapt to rising temperatures. For example, they may not be able to afford high costs of cooling units, adequate housing insulation, or may rely on walking and bicycling for transportation.
Fresno Council of Governments Project Fact Sheet
Projected Days Above
90°F (2035-2064)
144
29 Without action, the rising
temperatures will result in
rising health-related illnesses.
Rising temperatures can also
result in worsening air quality,
which will exacerbate
respiratory illnesses. Fresno
County has historically failed
to meet federal air quality
standards for ozone and
particulate matter 2.5 and has
high rates of asthma. Heat and
sunlight react with emissions
from vehicles and industrial
facilities (NOx and VOC) to
create ground-level ozone.
Ozone negatively affects
human health. It is linked to
coughing, difficulty breathing,
and aggravated lung diseases,
such as asthma.
BENEFITS OF TREE CANOPY:
Tree canopy and vegetative
land cover can help address
some of these issues. Trees
can provide a cooling effect
through evapotranspiration
and can provide protection
from extreme heat. Tree
canopies can also help trap
and filter pollutants, such as
PM 2.5 and CO2. Increased tree
canopy and vegetative land
cover can provide shade, a
cooling effect, and improved
air quality in Fresno County
communities. The proposed
Extreme Heat Analysis and
Shade Adaptation Plan will
identify corridors for tree
canopy improvements based
on an extreme heat
vulnerability analysis and bike
and pedestrian traffic analysis.
Heat-Related Emergency Calls in 2021
Source: Fresno County heat waves will last longer in the future. Here’s what that means for your health | USC Center for Health Journalism Source: https://realblognow.com/health-benefits-of-trees/ 30 CITY OF SANGER
1700 7rH Street
Sanger, California 93 657 -2804
Telephone: (559) 87 6-6300, Extension I 500
Fax: (559) 875-8956
CITY MANAGER'S OFFICE
GREG GARNER, INTERIM CITY MANAGER
January 4,2024
Robert Phipps
Interim Executive Director
Fresno Council of Governments
2035 Tulare Street, Suite 201
Fresno, CA93721
Subject: Support for the Fresno County Extreme Heat Analysis and Shade Adaptation Plan Grant Application
Dear Mr. Phipps,
The City of Spnger strongly supports the application by the Fresno Council of Governments (Fresno COG) to the California Department of Transportation's (Caltrans) FY2024-25 Climate Adaptation Planning competitive grant program for the Fresno County Extreme Heat Analysis and Shade Adaptation Plan.
The City of Sanger understands the plan will identify communities in Fresno County that are and will be the most vulnerable to extreme heat and identifu corridors for improved native and drought-tolerant tree canopy and vegetative cover projects. The plan aligns with the Caltrans Climate Adaptation Planning grant program ciiteria by developing an extreme-heat-focused climate adaptation plan that will study tree canopy and vegetative cover as an adaptation measure for vulnerable communities and areas that depend on walking and bicyciing as a primary mode of transportation. This plan will benefit a federally designated Area of Piersistent Povelty, Historically Disadvantaged Community, and Opportunity Zone, aswell as a state designated Disadvaniaged Community, Economically Distressed Area, and Low-lncome Community. The plan would focus on identifl,ing communities most vulnerable to extreme heat and developing a list of tree canopy and vegetative cover improvement projects for corridors in vulnerable areas tnat witt be shared with member agencies.
Fresno COG is requesting $221,325 in grant funding for the Fresno County Extreme Heat Analysis and Shade Adaptation Plan. Fresno COG would also contribute $28,675 in local matching funds towards ihe plan.
The City of Sanger would like to thank Caltrans for its consideration and welcomes the opportunity to support Fresno COG in the pursuit of this plan.
Sincerely,
Frank Gonzalez
Mayor
31 For the Meeting ofi January 4,2024
Agenda Item No.:
CITY OF SANGER
RE,PORTTO THE, CIry COUNCIL
g-3
To:
From:
Subject:
Mayor and City Council
Greg Garner,Interim City Manager
Letter of Support - Fresno Council of Governments -for the Fresno County Regional Rail Feasibility Study, seeking grant funding under the California Department of Transportation's FY2024-25 Sustainable Communities Planning Grant Program
Regional Rail Feasibility Study Planning Grant FACT Sheet Draft Letter of Support
Attachment (s):
CONF'LICT F INTEREST:
None known.
RECOMMENDATION:
The City Council submit a letter in support of the Fresno County Regional Rail Feasibility Study's efforts in seeking grant funding under the California Department of Transportation's FY2024-25 Sustainable Communities Planning Grant Program.
DISCUSSION:
The Fresno Council of Governments, in partnership with the Fresno County Rural Transit Agency, is requesting letters of support for the Fresno County Regional Rail Feasibility Study, which is seeking grant funding under the Califomia Department of Transportation's FY2024-25 Sustainable Communities Planning Grant Program. This study would analyze the feasibility of a zero-emission regional rail network in Fresno County to better connect the County's disadvantaged and underserved communities to the future downtown Fresno High-Speed Rail Station. The study would primarily focus on studying a regional rail Prepared by: Greg Garner Approved by:
REVIEW: City Manager: A, Finance: PC City Attorney:
TYPE OF ITEM:
X Consent
Informational Item
X Action Item
Department Repott
COMMITTEE ACTION: APPROYED DENIED NO ACTION
Public Hearing
Matter Initiated by a Council Member
Other:
Continued to:
32 network on the existing, and currently underutilized, San Joaquin Valley Railroad corridor that runs east- west within Fresno County.
REASON FOR RECOMMENDATION:
To support the efforts of the Fresno COG in regard to the Fresno County Regional Rail Feasibility Study.
FISCAL IMPACT:
None.
33 WHAT WE ARE DOING:
The Fresno Council of Governments, in partnership with the Fresno County Rural Transit Agency, is pursuing a Caltrans Sustainable Communities Planning Grant to develop the Fresno County Regional Rail Feasibility Study. The study will analyze the feasibility of a zero-emission regional rail network in Fresno County that aims to better connect the County’s disadvantaged and underserved rural communities to the future downtown Fresno High-Speed Rail Station. The study will primarily focus on studying a regional rail network on the existing, and currently underutilized, San Joaquin Valley Railroad corridor that runs east-west within Fresno County. The study will include a preliminary operations plan, a zero-emission rail vehicle analysis, a phased implementation plan, ridership and cost estimates, station area layout plans, as well as a robust public engagement plan and stakeholder outreach. >100
FRESNO COUNTY REGIONAL RAIL FEASIBILITY STUDY
Fresno Council of Governments Project Fact Sheet
34 A regional rail network can address air pollution concerns by offering an alternative mode of travel that relies less on single occupant vehicles and improves connectivity with other public transportation systems, whether that is Fresno’s FAX urban public transit network or the future California High-Speed Rail system, providing sustainable intercity and inter-regional transportation for underserved and disadvantaged communities in Fresno County.
Fresno County scores poorly on many of the indexes for identifying disadvantaged communities and the underserved, including over 55% of census tracts above the 75th percentile on CalEnviroScreen 4.0. In addition, the average income is 25% below the state average, meaning over 58% of the residents are in low-income communities.
The cost of transportation for low-income populations is significantly higher than for the average households. This burden can be as high as 30% compared to 20% for the average household. Affordable and efficient public transit in some of the disadvantaged communities can be inadequate. By connecting communities through a regional rail network, we can improve regional mobility, reduce environmental impacts of transportation, and increase economic opportunity for those in the most disadvantaged communities in the state.
WHY THIS IS IMPORTANT:
Regional rail corridors and stations in under invested areas will support active transportation and complementary transit services to improve health and accessibility. Regional rail also supports transportation solutions that are affordable, reduce greenhouse gases (GHG), vehicle miles traveled (VMT), and improve air quality. As regional rail stations are identified and prioritized through this project, there will be opportunities to integrate Transit Oriented Development into the areas. TOD’s can change the community development pattern by incorporating affordable housing and maintaining economic diversity and equitable access to jobs, services, and educational opportunities.
They can foster a stronger economy for these neighborhoods and improve the quality of life for its residents.
35 CITY OF SA]VGER
1700 7rH Street
Sanger, California 93 657 -2804
Telephone: (559) 876-6300, Extension 1500
Fax: (559) 875-8956
CITY MANAGER'S OFFICE
GREG GARNER, INTERIM CITY MANAGER
December 27,2023
Robert Phipps
Interim Executive Director
Fresno Council of Governments
2035 Tulare Street, Suite 201
Fresno, CA9372l
Subject: Support for the Fresno County Regional Rail Feasibility Study Grant Application Dear Mr. Phipps,
The City of Sanger strongly supports the application by the Fresno Council of Governments (Fresno COG), in partnership with the Fresno County Rural Transit Agency (FCRTA), to the California Department of Transportation's (Caltrans) FY2024-25 Sustainable Communities competitive grant program for the Fresno coanty Regional Rail Feasibility study (study).
The City of Sanger understands the Study will analyze the feasibility of a zero-emission regional rail network in Fresno County that aims to better connect the County's disadvantaged and underserved rural incorporated and unincorporated communities to the future downtown Fresno High-Speed Rail Station. The Study aligns with the Caltrans Sustainable Communities grant program crlteria by studying a zelo^emission regional rail network that could result in inciaseA prrLU. transit ridership throughout Fresno County, achieve the State's vehicle miles traveled (VMT)and greenhouse gas (GHG) reduction targets, and benefit a federally designated Area of Persistent Poverty, Historically Disadvantaged Community, and Opportunity Zone, as well as a state designated Disadvantaged Community, Economically Distressed Area, and Low-Income Community. The Study would primarily focus on studying a zero-emission regional rail network on the existing, and currently underutilized, San Joaquin Valley Railroad corridor that runs east-west within Fresno County.
Fresno COG and FCRTA are requesting $300,000 in grant funding for the Fresno County Regional Rail Feasibility Study. Fresno COG and FCRTA would also contribute a combined $50,000 in local matching funds towards the Study.
The City of Sanger would like to thank Caltrans for its consideration and welcomes the opportunity to support Fresno COG and FCRTA in the pursuit of this Study.
Sincerely,
Frank Gonzalez
Mayor
36 Fot tlre Meeting of:Jantary 4,2024
Agenda Item No.
CrrYoF SINGER
REPORTTO THE, CIry COUNCIL
I -rl
To:
From:
Subject:
Attachments:
Mayor and Council Members
Greg Garner, Interim City Manager
Becky Padron, City Clerk/Deputy Personnel Officer
New Police Cadet Position
Resolution No. 2o 2'{ - o I
Exhibit A to Resolution - Draft Job Description
Exhibit B to Resolution - Proposed Salary Range
Draft Side Letter Agreement
CONFLICT OF INTEREST:
None known.
RECOMMENDATION:
That City Council adopt Resolution NodA2_*o_Lcreating a new classification and setting a salary range for a full-time Police Cadet position, and approve a Side Letter Agreement between the City of Sanger and the Sanger Police Officers Association.
EXECUTIVE SUMMARY:
Authorized representatives of the City of Sanger ("City") and the Sanger Police Officers Association ("Association") have met and consulted to discuss a proposed permanent position of Police Cadet. The parties agreed to the new position and as such, found it necessary to make modifications to the MOU.
Adopting the Side Letter of Agreement adds the Police Cadet position as a recognized classification within the Association, establishes the position as a non-sworn position and establishes the work schedule, lists the required qualifications of the position and establishes the manner of advancement from Police Cadet to a sworn Police Officer position. Adopting the resolution creates a new classification and establishes a salary range for a full time police cadet position.
Ptepared by: Beckv Padron Approved by:
REViEW: Ciry Manage r, & Finance: City Attorneyi _
TYPE OF ITEM:
Consent
Info Item
Action Item
Department Report
Redevelopment Agency
COUNCIL ACTION: APPROVED DENIED NO ACTION
X
X
Public Hearing
Mattet Initiated by a Council Member
Other
Continued to:
37 BACKGROUND:
The Sanger Police Department is constantly looking for ways to improve its methods of recruitment.
Establishing the Police Cadet position will allow the Sanger Police Department to recruit cadets who are attending or enrolled to attend an accredited Police Academy. Many smaller police agencies in the area have moved to hiring Police Cadets while still in the academy to improve the chances of securing good candidates in light of competition from larger agencies. These large agencies often hire en masse, leaving few qualified candidates for smaller agencies to select from. Police Cadets will be required to obtain the POST Basic Certificate within 36 months of appointment. Once obtained, Police Cadets will be qualified immediately to hll vacant Police Officer positions.
REASON FOR RECOMMENDATION:
The police profession has changed tremendously in recent years, with far fewer individuals expressing an interest in a law enforcement career. This has made the "competition" for qualified candidates even more intense than in years past. Creating a Cadet Program for the Sanger Police Department will help to "level the playing field" with the larger agencies, improving our chances of recruiting the best possible candidates for the position of Police Officer. It will also allow us to offer interested candidates who may not be able to afford putting themselves through a Policy Academy with an altemative to choosing between a law enforcement career and remaining gainfully employed in their cunent jobs.
FISCAL IMPACT:
None. Establishing the new Police Cadet position will not increase the total number of FTEs approved in the FY 23124 budget but will be used to recruit cadets to fill Police Officer vacancies.
ALTERNATIVES:
None.
ACTIONS FOLLOWING APPROVAL:
The new position will be added to the City's classification plan. \\nas l\shared\Forms & Templates
38 RESoLUTToN No. 1o z V- o t
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANGER CREATING A
NEW CLASSIFICATION AND ESTABLISHING A SALARY RANGE FOR A FULL TIME
POLICE CADET POSITION
WHEREAS, Section 46-2 (3) empowers the City Manager to prepare or cause to be prepared position classification plans and revisions subject to approval by the City Council; and WHEREAS, the City Manager has recommended that a new position classification be established for a full-time Police Cadet position in the Police Department. The Police Cadet position is a non-sworn position and is designed to prepare incumbents for a career in law enforcement. The job duties and responsibilities of the Police Cadet position are depicted in the proposed job description ("Exhibit A"); and
WHEREAS, creating a new classification of Police Cadet will not increase the number of FTEs approved in the 2023-24 FY budget.
NOW THEREFORE, the City Council of the City of Sanger resolves as follows:
1. The foregoing recitals are true and correct
2. The Police Cadet Job Description attached as Exhibit A is approved.
3. The salary range for the Police Cadet position as highlighted in the Master Salary Table attached as Exhibit B is approved.
* rl.,l. * :* * {. r1. !F {. *. rl€ t( * * *. {.
The foregoing Resolution was considered by the City Council of the City of Sanger at a regular meeting of said Council held on the 4th day of January 2024 and approved by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
ATTEST:
Rebeca Padron, City Clerk
39 City of Sanger
DEFINITION
POLICE CADET
EXHIBIT A
September 2023
Under supervision, performs assignments restricted to non-enforcement police-related functions and performs all related learning and testing activities relative to technical knowledge, skills and physical abilities to perform in the capacity of a sworn police offrcer.
Must be currently enrolled in a California Law Enforcement Basic Academy approved by the Commission on Peace Officer Standards and Training, or enrolled within 12 months of appointment.
Receives supervision from a sworn police officer. This class does not exercise supervision.
EXAMPLES OF DUTIES
May include, but are not limited to the following:
o Attend a CaliforniaLaw Enforcement Basic Academy approved by the Commission on Peace Officer Standards and Training and successfully complete the training programs required for graduation
o Participation in a variety of activities in administering non-sworn police services and programs for the police department in preparation for or during the police academy o Assist police officers with non-enforcement duties; complete routine police reports, assist code enforcement officers as requested.
o Assist Police Officers in a non-enforcernent capacity, direct and control traffic, and provide parking and facility access control
o Direct and control traffic at collision scenes
. Perform other duties as assigned
DESIRABLE OUALIFICATIONS
Knowledse of:
o Geography of the City of Sanger
o Proper English usage, grammar, spelling and punctuation o Basis mathematical principles
o Record keeping principles
. Appropriate safety precautions and procedures
Ability to:
o Inspire community confidence through personal integrity, appearance and actions o Analyze situations and take appropriate actions based on training and documented procedures
40 o Communicate effectively, both orally and in written form, and through radio communications systems
. Carefully observe incidents and situations, remember facts, names, faces, numbers, places, and details on incidents and situations accurately o Stay calm and exercise good judgement in potentially stressful situations o Respond to work site on short notice
o Establish and maintain effective working relationships o Follow written and oral instructions and implement proper procedures as required by law and department policy
o Prepare clear, comprehensive and accurate reports and routine correspondence o Maintain up to date logs, records and files
o Successfully graduate from a CaliforniaLavt Enforcement Basic Academy approved by the Commission on Peaoe Officer Standards and Training Skill to:
Operate a vehicle safely, under normal and emergency conditions while observing legal and defensive driving practices.
DISTINGUISHING CHARACTERISTICS
Police Cadet is a non-sworn trainee level class in the Police Department in which incumbents perform non-enforcement duties such as traffic and parking control,,non-injury traffic collision investigations, assisting with duties associated with the booking and storage of property and evidence, assist in public events, crime prevention efforts and related paperwork. Work may also include various non-sworn administrative duties in support of police activities and are responsible for providing assistance in support of police staff in a variety of areas. Incumbents may be assigned to work various hours as necessary to include nights, weekends and holidays.
U
Education:
Possession of a High School diploma or GED equivalent, and be at least 20 years of age.
Special Requirement(s)
Police Cadet position is designed to prepare the incumbent for a career in law enforcement.
Must successfully complete a California Law Enforcement Basic Academy approved by the Commission on Peace Officer Standards and Training.
Failure to demonstrate the ability to become a police officer may result in termination.
Pursuant to P.O.S.T. requirements, must be a citizen of the United States or pennanent resident alien who is eligible, and has applied, for citizenship.
Must be at least 20 years of age at time of appointment. a
41 Possession and continued maintenance of a valid California Driver's License.
Must successfully complete a polygraph test, and extensive background investigation, psychological examination, and a medical examination prior to appointment.
Bilingual abilities preferred.
42 EXHIBIT B
CITY OF SANGER
MASTER SALARY TABLE
FY 2023-2024
(coMPENSATTON ORDER)
POSTTTON Stepl Step2 Step3 Step4 Step5 Frequency
NON-SAFETY EMT
NON-SAFETY PARAMEDIC
CODE ENFORCEMENT OFFICER
ACCOUNT CLERK I
ADMINISTRATIVE CLERK
RECREATION SPECIALIST I
SR CODE ENFORCEMENT OFFICER
SENIOR COORDINATOR
RECORDS CLERK I
CONSTRUCTION WORKER I
GRAFFITI REMOVAL OPERATOR
MECHANIC I
SANITATION WORKER I
STREETS, PKS & FAC WORKER I
WASTEWATER OPERATOR TRAIN EE
WATER OPERATOR TRAINEE
BILLING CLERK
ACCOUNT CLERK II
RECORDS CLERK II
ADM IN ISTRATIVE ASSISTANT
HR TECHNICIAN
CONSTRUCTION WORKER II
MECHANIC II
SANITATION WORKER II
STREETS, PKS & FAC WORKER II
WASTEWATER OPERATOR I
WATER OPERATOR I
ADM I N ISTRATIVE SECRETARY
ANIMAL CONTROL OFFICER
COMMUNITY SERVICE OFFICER I
PROGRAM TECHNICIAN
FACI LITY MAI NTENANCE WORKER
SENIOR CONSTRUCTION WORKER
SR MECHANIC
SR SANITATION WORKER
SR STREETS, PARKS, FACILITIES WORKER
POLICE CADET
WASTEWATER OPERATOR II
15.96 18.83
2,787
2,894
2,894
2,964
3,018
3,036
3,77O
3,190
3,190
3,190
3,L90
3,190
3,27O
3,270
3,374
3,43O
3,494
3,604
3,604
3,605
3,605
3,605
3,605
3,505
3,605
3,637
3,588
3,688
3,819
3,878
3,878
3,878
3,878
3,878
3,965
3,973
77.81 19.77
2,920
3,039
3,039
3,1-12
3,169
3,188
3,329
3,350
3,350
3,350
3,350
3,350
3,434
3,434
3,480
3,602
3,669
3,784
3,784
3,785
3,785
3,785
3,785
3,785
3,785
3,819
3,872
3,872
4,O10
4,O72
4,O72
4,O72
4,072
4,072
4,163
4,772
78.70 20.76
3,055
3,19r
3,r9r
3,268
3,327
3,347
3,495
3,577
3,5r7
3,5t7
3,5L7
3,5L7
3,605
3,605
3,654
3,782
3,852
3,973
3,973
3,975
3,975
3,975
3,975
3,975
3,975
4,OLO
4,066
4,066
4,21O
4,275
4,275
4,275
4,275
4,275
4,371_
4,380
19.63 21.80
3,219
3,350
3,350
3,43L
3,494
3,515
3,670
3,593
3,693
3,693
3,693
3,693
3,785
3,785
3,836
3,971
4,O45
4,772
4,r72
4,173
4,L73
4,L73
4,!73
4,r73
4,173
4,2rO
4,269
4,269
4,42r
4,489
4,489
4,489
4,489
4,489
4,590
4,599
20.6L
22.89 3,380
3,518
3,518
3,603
3,668
3,690
3,853
3,877
3,877
3,877
3,877
3,877
3,975
3,975
4,O28
4,169
4,247
4,381_
4,38L
4,382
4,382
4,382
4,382
4,382
4,382
4,42L
4,483
4,483
4,642
4,7L4
4,714
4,714
4,7L4
4,7L4
4,8L9
4,829
Hourly
Hourly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
43 WATER OPERATOR II
FIREFIGHTER I
COMMUNITY SERVICE OFFICER II
SEN IOR ADM I N ISTRATIVE ASSISTANT
RECREATION SPECIALIST I I
SYSTEMS ANALYST
LABORATORY SUPERVISOR
LEAD CONSTRUCTION WORKER
LEAD MECHANIC
LEAD SANITATION WORKER
LEAD STREETS, PARKS, FACILITIES WORKER
CODE ENFORCEMENT SPECIALIST
CONSTRUCTION I NSPECTOR
BUILDING INSPECTOR
FIREFIGHTER II
WASTEWATER OPERATOR I I I
WATER OPERATOR III
ACCOUNTANT
FIRE ENGINEER
POLTCE RECORDS SUPERVTSOR (SPOA)
EXECUTIVE ASSISTANT TO CIW MANAGER
BUILDING OFFICIAL
RECORDS/COMM SUPV (MM)
POLICE OFFICER
CHIEF OPERATOR
FIRE LIEUTENANT
PLANT MANAGER
PUBLIC WORKS SUPERVISOR
RECREATION SUPERVISOR
MANAGEMENT ANALYST
GRANTS MANAGER
ASSISTANT ENGINEER
ECONOMIC DEVELOPM ENT COORDINATOR
PLANNER
SENIOR ACCOUNTANT
CHIEF BUILDING OFFICIAL
INFORMATION TECHNOLOGY MANAGER
FIRE CAPTAIN
COMMUNITY RISK REDUCTION OFFICER
POLICE CORPORAL
BATTALION CHIEF
SENIOR PLANNER
FIRE DIVISION CHIEF
POLICE CAPTAIN
POLICE SERGEANT
DEPUTY PUBLIC WORKS DIRECTOR
ECONOMIC & REDEVELOPMENT MANAGER
3,973
4,L27
4,272
4,276
4,378
4,378
4,49O
4,491
4,49I
4,49\
4,491
4,597
4,597
4,597
4,660
4,715
4,715
4,844
4,892
4,9r3
5,11_8
5,118
5,L18
5,L82
5,198
5,267
5,373
5,373
5,373
5,373
5,374
5,455
5,455
5,455
5,608
5,642
5,642
5,664
5,664
5,7L3
5,924
6,O73
6,220
6,220
6,299
6,376
6,376
4,L72
4,333
4,486
4,490
4,597
4,597
4,7L5
4,71_6
4,716
4,7L6
4,7L6
4,827
4,827
4,827
4,893
4,95L
4,951.
5,086
5,t37
5,159
5,374
5,374
5,374
5,44L
5,458
5,530
5,642
5,642
5,642
5,642
5,643
5,728
5,728
5,728
5,888
5,924
5,924
5,947
5,947
5,999
6,22O
6,377
6,531_
6,531
6,6L4
6,695
6,695
4,380
4,550
4,7LO
4,774
4,827
4,827
4,95O
4,95L
4,95L
4,951_
4,95r
5,068
5,068
5,068
5,138
5,198
5,198
5,341.
5,393
5,4L7
5,643
5,643
5,643
5,713
5,73L
5,807
5,924
5,924
5,924
5,924
5,925
6,01-4
6,O14
6,OL4
6,183
6,22O
6,220
6,245
6,245
6,299
6,531
6,695
6,858
6,858
6,945
7,030
7,O30
4,599
4,779
4,945
4,950
5,068
5,068
5,198
5,199
5,199
5,199
5,1"99
5,322
5,322
5,322
5,395
5,458
5,458
5,608
5,663
5,687
5,925
5,925
5,925
5,999
6,OL7
6,O97
6,220
6,220
6,220
6,220
6,22L
6,315
6,3L5
6,315
6,492
6,531
6,531_
6,557
6,557
6,674
6,858
7,O30
7,2OO
7,2OO
7,292
7,39L
7,381
4,829
5,016
5,193
5,198
5,321
5,32r
5,458
5,459
5,459
5,459
5,459
5,588
5,588
5,588
5,664
5,73L
5,73L
5,888
5,946
5,972
6,227
6,221
6,221_
6,299
6,318
6,402
6,531
6,531
6,531
6,531
6,532
6,637
6,631_
6,631
6,817
6,858
6,858
6,885
6,885
6,944
7,201_
7,382
7,560
7,560
7,656
7,750
7,750
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
44 DEPUTY FIRE CHIEF
PLANNING MANAGER
POLICE LIEUTENANT
ctTY cLERK/DEpUTy pERSON N EL OFFTCER
FINANCE DIRECTOR
ADM IN ISTRATIVE SERVICES DI RECTOR
COM M UNITY DEVELOPM ENT DIRECTOR
PUBLIC WORKS DIRECTOR
FIRE CHIEF
POLICE CHIEF
CITY MANAGER
6,376
6,696
7,244
7,937
7,937
8,334
8,334
8,334
9,250
9,25O
T2,LL4
6,695
7,O3r
7,606
8,334
8,334
8,75t
8,757
8,75r
9,7L3
9,7L3
7,O30
7,392
7,997
8,751
8,75L
9,199
9,188
9,199
10,198
10,L98
7,38L
7,757
9,396
9,L88
9,188
9,648
9,648
9,648
70,708
LO,708
7,750
8,139
8,805
9,647
9,647
10,130
10,130
10,130
17,243
LL,243
t5,t44
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
45 SIDE LETTER AGREEMENT AMENDING THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF SANGER AND THE SANGER POLICE
OFFICERS ASSOCIATION REGARDING THE NEW POSITION OF POLICE CADET Authorized representatives of the City of Sanger (CitV) and the Sanger Police Officers Association (Association) have met and conferred to discuss the creation of the new position of Police Cadet.
By executing this Side Letter Agreement, the Association and the City agree to amend Article 2, Article 10, Article 12, and Article 20 of the Sanger Police Officers Association Memorandum of Understanding (MOU) dated July l, 2021through June 30,2024 as follows:
ARTICLE 2. RECOGNITION
1. City recognizes Association as the exclusive employee organization for the Unit made up of the following Sanger City Police Department classifications:
Police Cadet
Police Ofhcer
Corporal
Police Sergeant
Police Lieutenant
Records Clerk
Records Supervisor
Comrnunity Service Offi cer
Anim4l,Control Offrcer
10. H
aJ on-sworn
The 4ll0 work schedule shall apply to Community Service Officer and Animal Control Ofhcer. The Hours of Woik shall be on shift 10 hours in length. The normal workweek shall be Monday through Friday.
The regular 5/8 schedule shall apply to Records Clerk I, Records Clerk II, Records Supervisor, Police Cadet. and Lieutenant. The normal workday shall be 8 hours. The normal workweek shall be Monday through Friday.
ARTICLE 12. SALARY
5. The salary range and classification of employees are listed on Attachment "A". 1 46
ARTICLE 20. CAREER VELOPMENT PROGRAM
City and Association have jointly developed a Career Development Program (CDP) as follows:
(a) There shall be three (3) police off,rcer classifications below the level of lieutenant:
Police Officer - entry level.
Corporal - quasi-supervisory.
Sergeant - supervisory.
(b) The entry level Police Officer classification shall be salary grade P40. (c) There shall be a 5%o pay differential between Step I of the salary range for the police officer classification and Step 1 of the salary range for the corporal classifi cations.
(d) There shall be a \}Yopay differential between Step I of the salary range for the corporal classification and Step 1 of the salary range for the sergeant classifi cation.
(e) There shall be a llo/opay differential between Step I of the salary range for the sergeant classification and Step 1 of the salary range for the lieutenant classifi cation.
(f) Oualifications.
(1) Police Cadet
be at
Basic Certificate within
Failure to within 36
t in termination
GD Police Officer - entry level
(2t Corporal.
(a) Minimum of three (3) years as full-time peace officer with the Sanger Police Department at the time of application. (b) Eligible for a POST Intermediate Certificate at the time of application.
(34) Sergeant.
(a) Minimum of five (5) years as a full-time peace officer with the Sanger Police Department and a POST Intermediate
Certificate at the time of application; or
(b) Minimum of seven (7) years as a full-time peace officer in a Califomia municipal law enforcement agency and a POST Advanced or Supervisory Certificate at the time of application.
(4, Lieutenant.
(a) Minimum of two (2) years progressively responsible
supervisory and/or administrative experience in a law enforcement agency. (b) Possession of POST Advanced and Supervisory certificates. (56) Non-swornpersonnel.
2 47
(a) Records Clerk I - entry level.
(b) Records Clerk II * minimum of two (2) years satisfactory performance as a Records Clerk with the Sanger Police Department. (c) Community Service Ofhcer I - entry level.
(d) Community Service Officer II - minimum of two (2) years satisfactory performance as an employee of the Sanger Police Department. (e) Police Cadet - enrolled in an accredited Police Academv and at least 20 vears of ase at time of appointment.
(e0 Records Supervisor - minimum of two (2) years increasingly responsible records unit experience including supervisory and training experience.
The qualifications stated herein shall be in addition to the qualifications set forth in the job descriptions for these positions.
(g) Manner of advancement.
(1) Movement from Police Cadet to Poli Officer shall be based on sraduation from an within 36
(6)
f
aooointment. Unsuccessful comoletion of Police Academv within 36 months mav result in termination.
(2) Movement to the Corporal classification shall be promotional with selection accomplished via a testing procedure which shall include a written portion and an oral portion.
(2t Movement to the Sergeant classification shall be open- promotional.
(3D Movement from Records Clerk I to Records Clerk II shall be based on a minimum of two (2) yearsl time in service and overall satisfactory performance.
(4t Movement from Community Service Officer I to Community Service Offrcer II shall be based on a minimum of two (2) yearsl time in service and overall satisfactory performance.
(h) The testing procedures shall include a written portion and an oral portion.
Except as expressly modified in this Side Letter Agreement, the terms and conditions of the MOU and the rights, duties, and obligations of the parties thereunder are unchanged and remain in full force and effect.
TURES ON NEXT PA
a
-t
48 City of Sanger: Sanger Police Officers Association:
Kim Jones
President
Date:
Edwards
Date
Greg Garner
Interim City Manager
Date:
Approved as to Legal Form:
Hilda Cantu Montoy
City Attorney
4 49
ATTACHMENT OOA''
GITY OF SANGER
SANGER POLICE OFFICERS ASSOCIATION
SALARY RANGES
N15 RECORDS/COMM CLERK I $ 3,170 $ $ 3,495 $ 3,670 $ 3,953 N16 RECORDS/COMM CLERK II $ $3, $ 3,852 $ 4,045 $ 4,247 ':.
COMMUNITY SERVICES
N13 OFFICER I
CRIME SCENE
$ $ 4,066 r. $ 4,269 $ 4,483
INVESTIGATOR .. .
: .t ..; .l:. :
ANIMAL CONTROL OFFICER
POLICE CADET
COMMUNITY
OFFICER II
CRIME SCE
,t:'::l;
,486N14
N17 S
$a $ 4,710 $ 4,945 $ 5,193
$ 5,159 $ 5,417 $ 5,687 $ 5,972
P4O POL FFICER $ 5,182 $ 5,441 $ 5,713 $ 5,999 $ 6,299
P41 POLTCE CO $ 5,713 $ 5,999 $ 6,299 $ 6,614 $ 6,944
P42 POLICE SERGEANT $ 6,299 $ 6,614 $ 6,945 $ 7,292 $ 7,656 P43 POLICE LIEUTENANT $ 7,244 $ 7,606 $ 7,997 $ 8,386 $ 9,905 5 50
For the Meeting of:January 4,2024
Agenda Item No.
CrrYoF SINGER
RE,PORT TO THE CIry COUNCIL
Q-s
To:
From:
Subject:
Attachments:
Mayor and Council Members
David Brletic, Community Development Director
Amendment to Subrecipient Agreement
HOME Grant Program - Self-Help Enterprises
(1) Amendment No. I
@ Original Agreement
RECOMMENDATION:
That the City Council authorize the City Manager to approve an amendment to extend the subrecipient agreement between the City and Self-Help Enterprises (SHE) to administer/implement contract 19- HOME-14973 to December 31,2024.
SUMMARY:
In January of 2020, the City of Sanger submitted an application for consideration of California Housing & Community Development (HCD) HOME Grant Program funds to allow Down Payment Assistance and Home Improvement Loans to Sanger residents.
The City of Sanger succeeded in receiving an award of $500,000 for the HOME Grant on October 13,2020.
A Subrecipient Agreement with Self Help Enterprises to allow processing and review of applications for the HOME Grant Program to allow Down Payment Assistance and Home Improvement Loans to Sanger residents was entered into between the City of Sanger and Self-Help Enterprises on December 17,2020.
The Subrecipient Agreement expired December 17,2023.
The City of Sanger wishes to extend the agreement for an additional one-year term. The extended agreement would be effective December 17,2023 (the date the prior Subrecipient Agreement expired), and would expire on December 31, 2024.
Prepated by: David Rtletic Approved by:
REVIEW: City Manageri _ Finance: City Attorneyi _
TYPE OF ITEM COUNCIL ACTION: APPROVED DENIED NO ACTION
X
--x-
Consent
Info Item
Action Item
Department Report
Redevelopment Agency
Public Headng
Mattet Initiated by a Council Member
Other
Continued to:
51 BACKGROUND:
The City of Sanger has provided Down Payment Assistance and Home Improvement Loans to City of Sanger residents through direct funding of the program with the State of California or through the City's Joint Powers of Authority (JPA) with Fresno County and the CDBG Program. Processing and review of applications was performed alongside other Sanger Redevelopment Agency and Housing Authority tasks.
In January of 2020, the City of Sanger submitted an application for consideration of California Housing & Community Development (HCD) HOME Grant Program funds to allow Down Payment Assistance and Home Improvement Loans to Sanger residents. The City of Sanger succeeded in receiving an award of $500,000 for the HOME Grant on October 13,2020. A Subrecipient Agreement with Self Help Enterprises to allow processing and review of applications for the HOME Grant Program to allow Down Payment Assistance and Home Improvement Loans to Sanger residents was entered into between the City of Sanger and Self-Help Enterprises on December 17,2020. The Subrecipient Agreement expired December 17, 2023.
The City of Sanger wishes to extend the agreement for an additional one-year term. The extended agreement would be effective December 17,2023 (the date the prior Subrecipient Agreement expired), and would expire on December 31, 2024.
REASON FOR RECOMMENDATION:
The current subrecipient agreement between the City of Sanger and Self-Help Enterprises to administer/implement contract 19-HOME-I4973 expired on 1211712023. The proposed an amendment to extends the subrecipient agreement to 1213112024 and prevent delays in program administration/implementation, the City can choose to amend the sub agreement with SHE to extend it through the end of the Standard Agreement with HCD, 1213112024.
FISCAL IMPACT:
The City of Sanger was awarded a $500,000 HOME Grant on October 13,2020. Self-Help Enterprises charge 2Yo of the total award for administration. Total administrative cost for the initial 3-year term of the grant and the proposed amendment to extend the current agreement to l2l3l12024,will have totaled approximately $ 12,000. Funding for this administrative service has come from the Low and Mod Housing Budget which allows for administrative services specific to grants like the HOME Grant.
ALTERNATIVES:
The City Council can deny the amendment to extend the subrecipient agreement and direct staff accordingly.
ACTIONS F'OI,I APPROVAL:
The Interim City Manager will sign the amendment to extend the agreement with Self Help Enterprises. Staff will coordinate the final contracts with Self Help Enterprises and HOME Grant Program. 52 AMENDMENT NO. I TO CITY OF SANGER
SUBRECIPIENT AGREEMENT WITH SELF.HELP ENTERPRISES
This Amendment No.l to City of Sanger Subrecipient Agreement ("Amendment No. l) is entered by and between the City of Sanger, California, a municipal corporation, ("Grantee") and Self-Help Enterprises ("subrecipient").
RECITALS
WHEREAS, Grantee and Subrecipient entered a Subrecipient Agreement related to HOME funding from HCD to allow Down Payment Assistance and Home Improvement Loans to Sanger Residents.
WHEREAS, the Subrecipient Agreement was set to expire on December 17,2023.
WHEREAS, Section 1 of the Subrecipient Agreement provides: "The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which SUBRECIPIENT remains in control of CDBG and/or HOME funds or other CDBG and/or HOME assets, including Program Income."
WHEREAS, the parties wish to expressly extend the Subrecipient Agreement through December 31,2024.
AGREEMENT
NOW THEREFORE, in consideration of the foregoing recitals and covenants herein, the parties agree as follows:
SECTION 1. Section 1 "TERM" of the Subrecipient Agreement is amended to add aparagraph to read as follows:
Consistent with the foregoing paragraph, the term of this Agreement shall be extended to December 31,2024.
SECTION 2. This Amendment No. 1 is effective December l7 ,2023.
SECTION 3. Except as amended by this Amendment No. 1, all terms and conditions of the Subrecipient Agreement shall remain in full force and effect.
ISTGNATURE PAGE TO FOLLOWI
53 below:
IN WITNESS WHEREOF, the parties have executed this Amendment No. I as set forth
CITY OF SANGER
Greg Garner,Interim City Manager
Date:
ATTEST:
Rebeca Padron, City Clerk
APPROVED AS TO FORM:
Hilda Cantu Montoy, City Attorney
SELF-HELP ENTERPRISES
Thomas J. Collishaw, President/CEO
Date:
54 CITY OF SANGER
SUBRECIPIENT AGREEMENT
THIS AGREEMENT, entered this 17th day of December, 2020 by and between the City of Sanger, California, a municipal corporation, (GRANTEE) and Self-Help Enterprises (SUBRECIPIENT).
WHEREAS, the California Department of Housing and Community Development, hereinafter "HCD", is authorized to allocate Community Development Block Grant Program, hereinafter "CDBG" funds made available from the U.S. Department of Housing and Urban Development, hereinafter referred to as "HUD", as, as authorized under Title I of the Housing and Community Development Act of 1974, as amended, and implemented under Title 24 of the Code of Federal Regulations, hereinafter collectively referred to as the "Act", incorporated herein by its reference; and
WHEREAS, HCD is authorized to allocate HOME Investment Partnership Program, hereinafter "HOME" funds, made available from HUD as authorized under Title II of the Cranston-Gonzalez National Affordability Housing Act of 1990 as set forth in Title 24 of the Code of Federal Regulations, part 92, and in Title 25 of the California Code of Regulations commencing with Section 8200.
WHEREAS, GRANTEE is a recipient of CDBG and HOME funding for use in funding eligible activities furthering established national objectives to benefit its low and moderate income residents as defined in the Act; and
WHEREAS, GRANTEE in accordance with its 2019-2024 Housing Element/Consolidated Plan, desires to provide CDBG and HOME funds to SUBRECIPIENT, for activities and services, as more fully described in Exhibit A, Scope of Services, upon the terms and conditions in this Agreement; and
WHEREAS, pursuant to City Resolution No. 2019-63, the City Manager is authorized to execute CDBG and HOME Agreements, on behalf of GRANTEE, that are within available allocated CDBG and HOME funding and in a standard form approved by the City Attorney.
NOW, THEREFORE, it is agreed between the parties hereto that:
1. TERM
The term of this Agreement shall commence on December 17, 2020, unless terminated earlier pursuant to the terms of this Agreement, shall continue until December 17, 2023. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which SUBRECIPIENT remains in control of CDBG and/or HOME funds or other CDBG and/or HOME assets, including Program Income.
55 2. SCOPE OF WORK
SUBRECIPIENT will be responsible for administering services in a manner satisfactory to GRANTEE and consistent with any standards required as a condition of providing these funds.
GRANTEE will also perform the services set forth in Exhibit "A" entitled "Scope of Work" attached hereto and incorporated by reference herein and made a part hereof.
SUBRECIPIENT shall administer the Program for the whole of the term of the Agreement.
SUBRECIPIENT shall administer the Program in compliance with the CDBG and HOME requirements and in a manner that meets the CDBG national objective(s) of 24 CFR 570.208 and HOME statewide goals.
GRANTEE will monitor the performance of SUBRECIPIENT against goals and performance standards as stated above. Substandard performance as determined by GRANTEE will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by SUBRECIPIENT within a reasonable amount of time after being notified by GRANTEE, contract suspension or termination procedures will be initiated.
3. RECORDS AND REPORTS
On a quarterly basis, SUBRECIPIENT shall submit to GRANTEE, in a form acceptable to GRANTEE, a performance report summarizing the number of unduplicated persons served, including race, ethnicity, and income data. The performance report shall be submitted within thirty days of the close of each quarter.
SUBRECIPIENT shall ensure the CDBG and HOME grant funds provided by GRANTEE are clearly identified as subawards and include the following information:
.
.
.
.
•
.
•
.
SUBRECIPIENT NAME:
Subrecipient ID (DUNS):
State Award Identification Number: (CDBG/HOME Grant#)
State Award Date:
Period of Performance:
Federal/State Funds Obligated by this Agreement:
Total Federal/State Funds Obligated to SUBRECIPIENT:
Total Amount of the Federal/State Award:
Federal/State Award project description:
Name of State awarding agency: Dept. of Housing and Community Development Name of pass-through entity: City of Sanger, California Award Official Contact Information: Name and Address
CFDA Number: 14.218
CFDA Name: Community Development Block Grant
Identification of R&D: No
56 Indirect cost rate for the Federal award:
SUBRECIPIENT shall maintain all records required by the Federal regulations specified in 24 CFR 570.506 that are pertinent to the activities funded under this Agreement. Such records shall include but not be limited to:
a) A full description of each activity undertaken;
b) Records demonstrating each activity undertaken meets one of the National Objectives of the CDBG and/or HOME program;
c) Records required to determine the eligibility of activities; d) Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG and/or HOME assistance; e) Records documenting compliance with the fair housing and equal opportunity components of the CDBG and/or HOME program;
f) Financial records as required by 2 CFR Part 200 as amended by 24 CFR 570.502, and g) Other records necessary to document compliance with Subpart K of 24 CFR Part 570.
SUBRECIPIENT shall retain all project files, financial records, and any other documents related to the Program for a period of three years from the date of the close out of this Agreement, except in the following cases:
• If any litigation, claim, or audit is started before the expiration of the three year period, the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken.
• When the SUBRECIPIENT is notified in writing by the GRANTEE to extend the retention period.
• Records for real property and equipment acquired with Federal funds must be retained for three years after final disposition.
GRANTEE shall monitor and evaluate SUBRECIPIENT's performance under this Agreement to determine compliance with this Agreement and CDBG and/or HOME requirements.
SUBRECIPIENT shall cooperate with GRANTEE and any federal or state auditors authorized by GRANTEE and shall make available all information, documents, and records reasonably requested and shall provide GRANTEE the reasonable right of access to both records and personnel during normal business hours for the purpose of assuring compliance with this Agreement and evaluating performance hereunder. The rights of access in this section are not limited to the required retention period but last as long as the records are retained. 57 4. METHOD OF PAYMENT
Grant funds shall be disbursed to reimburse SUBRECIPIENT in accordance with the Proposed Budget attached hereto as Exhibit "B" and incorporated herein. SUBRECIPIENT's sole source of compensation hereunder will be in the form of a grant of CDBG and/or HOME funds as described herein. It is expressly agreed and understood that the total amount to be paid by GRANTEE under this Agreement shall not exceed Five Hundred Thousand Dollars and 00/100 ($500,000).
SUBRECIPIENT shall submit to GRANTEE a request for payment, in a form acceptable to GRANTEE, on a monthly basis for the term of the Agreement. Said request shall be accompanied with supporting documentation, including but not limited to paid receipts, invoices and timesheets, to allow GRANTEE to determine compliance with applicable federal regulations, including cost allowability.
GRANTEE shall pay all approved requests for payment pursuant to this Agreement within the normal course of business, typically within forty-five days of receipt. If GRANTEE disallows any cost submitted by SUBRECIPIENT, within ten business days GRANTEE will provide written notification to SUBRECIPIENT of the disallowance, including any corrective action necessary to process payment.
All funds are paid contingent upon SUBRECIPIENT's continuous compliance with all applicable, uniform administrative requirements, program regulations, and recapture and reversion requirements set out in the Act. Any unearned or recaptured CDBG or HOME funding shall be returned to GRANTEE within thirty days of the earlier of termination of this Agreement or notice by GRANTEE. Any interest earned or received by SUBRECIPIENT thereon shall be remitted to the GRANTEE.
An authorized official for SUBRECIPIENT must provide a signed certification with each request that states the following: "By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)."
SUBRECIPIENT understands and agrees the availability of CDBG and HOME funds is subject to the control of HUD, other federal agencies, HCD, or other state agencies and should the CDBG or HOME funds be encumbered, withdrawn or otherwise made unavailable to GRANTEE, whether earned by or promised to SUBRECIPIENT, and/or should GRANTEE in any fiscal year hereunder fail to allocate CDBG or HOME funds, GRANTEE shall not provide said funds unless and until they are made available for payment to GRANTEE by HUD, HCD 58 and GRANTEE receives and allocates said funds. No other funds owned or controlled by GRANTEE shall be obligated under this Agreement to the Project(s).
5. PROGRAM INCOME
Any income generated by SUBRECIPIENT from the use of CDBG and/or HOME funds governed by this Agreement shall be considered CDBG and/or HOME program income. All CDBG and/or HOME program income (as defined at 24 CFR 570.500(a)) shall be retained by SUBRECIPIENT for the term of this Agreement. The use of all CDBG and/or HOME program income is reserved specifically for services outlined in the Scope of Work and is subject to the terms of this Agreement.
6. UNIFORM ADMINISTRATIVE REQUIREMENTS
SUBRECIPIENT shall adhere to and follow the Uniform Administrative Requirements found in the U.S. federal regulations at 2 CFR Part 200.
SUBRECIPIENT shall establish and maintain effective internal control over CDBG and HOME funds made available through this Agreement to provide reasonable assurance that the Program is administered in compliance with applicable federal statutes, regulations, state guidelines and the terms and conditions of this Agreement. This includes evaluation and internal monitoring of the Program and prompt, appropriate action when instances of noncompliance are identified.
SUBRECIPIENT shall follow a written procurement policy that allows for full and open competition that meets the minimum standards of the U.S. federal regulations at 2 CFR 200.317 through 200.326.
SUBRECIPIENT shall take reasonable measures to safeguard protected personally identifiable information and other information GRANTEE designates as sensitive consistent with applicable Federal, state and local laws regarding privacy and obligations of confidentiality.
SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises, and women 's business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. As used in this Agreement, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least 51% owned and controlled by minority group members or women.
SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation.
SUBRECIPIENT is prohibited from using CDBG and HOME funds or personnel employed in the administration of the program for: political activities; inherently religious activities; lobbying; political patronage; and nepotism activities. 59 SUBRECIPIENT shall comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement.
SUBRECIPIENT shall comply with the Copeland Anti-Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5.
SUBRECIPIENT shall maintain documentation that demonstrates compliance with hour and wage requirements of this part.
SUBRECIPIENT agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities.
SUBRECIPIENT shall maintain a financial management system that identifies all federal awards received and expended and the federal programs under which they were received, including:
The CFDA title and number,
Federal award identification number and year,
Name of the Federal/State agency, and
Name of the pass-through entity, if any.
SUBRECIPIENT shall follow written financial management policies and procedures that, at a minimum, provide for:
• Determination of allowable costs in accordance with the terms and conditions of this Agreement and the federal cost principles published in the U.S. federal regulations at 2 CFR 200 Subpart E;
Effective control over, and accountability for, all funds, property, and other assets to ensure all assets are safeguarded and they are used solely for authorized purposes; and Accurate financial reporting on federal awards, authorizations, obligations, unobligated balances, assets, expenditures, income and interest and be supported by source documentation.
7. AUDIT REQUIREMENTS
Within thirty days of the close of SUBRECIPIENT's fiscal year, SUBRECIPIENT shall provide to GRANTEE a certification stating the total amount of federal awards expended in the fiscal year. The certification shall be signed by an authorized official.
SUBRECIPIENT agrees to have a single or program-specific audit conducted in accordance with the provisions of 2 CFR 200 Subpart F if SUBRECIPIENT expends 500,000 or more in federal awards during any fiscal year that overlaps with the term of this Agreement. SUBRECIPIENT shall submit a copy of the audit to GRANTEE and the Federal Audit Clearinghouse (FAC) 60 within thirty calendar days after receipt of the auditor's report(s). SUBRECIPIENT shall make copies of the audit available for public inspection for three years from the date of submission to the FAC.
GRANTEE shall issue a management decision for audit findings that relate to this Agreement within six months of acceptance of the audit report by the FAC.
8. USE AND REVERSION OF ASSETS
SUBRECIPIENT shall transfer to GRANTEE any CDGB and/or HOME funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation, or termination. The use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 24 CFR 570.502-504, as applicable.
9. CONFLICT OF INTEREST
SUBRECIPIENT shall maintain written standards of conduct covering conflicts of interest and governing the performance of its employees engaged in the selection, award and administration of contracts. The standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of SUBRECIPIENT. If SUBRECIPIENT has a parent, affiliate, or subsidiary organization, the standards of conduct must cover organizational conflicts of interest to ensure SUBRECIPIENT is able to be impartial in conducting a procurement action involving a related organization.
At a minimum, the standards of conduct shall include any person who is an employee, agent, consultant, officer, or elected official or appointed official of SUBRECIPIENT. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG and/or HOME activities assisted under this part, or who are in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from a CDBG and/or HOME -assisted activity, or have a financial interest in any contract, subcontract, or agreement with respect to a CDBG and/or HOME - assisted activity, or with respect to the proceeds of the CDBG and/or HOME -assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for one year thereafter.
Both SUBRECIPIENT and any subcontractors shall complete a Disclosure of Conflict of Interest From included as Exhibit "D ". Upon written request, GRANTEE may grant an exception to the conflict-of-interest provisions on a case-by-case basis. 61 10. OTHER PROGRAM REQUIREMENTS
SUBRECIPIENT agrees to administer the services in compliance with all applicable City, State, and Federal guidelines including, but not limited to the following federal program requirements as now in effect and as may be amended from time to time:
Section 109 of the Housing and Community Development Act of 1974 requires that no person in the United States shall on the grounds of race, color, national origin, religion, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance made available pursuant to the Act.
Section 109 also directs that the prohibitions against discrimination on the basis of age under the Age Discrimination Act and the prohibitions against discrimination on the basis of disability under Section 504 shall apply to programs or activities receiving Federal financial assistance under Title I programs.
Equal Opportunity requirements as described in Executive Order 11246, as amended by Executive Orders 11375, 11478, 12086, and 12107.
Equal Protection of the Laws for Faith-Based and Community Organizations as described in Executive Order 13279 and the implementing regulations at 41 CFR chapter 60.
Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) and implementing regulations at 24 CFR part 135.
The Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), the Residential Lead- Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851- 4856), and implementing regulations at part 35, subparts A, B, J, K, and R of this part apply.
Exclusion of Debarred and Suspended Contractor requirements as described in 2 CFR Part 180.
Certain newly legalized aliens, as described in 24 CFR part 49, are not eligible to apply for CDBG benefits, including financial assistance, public services, jobs and access to new or rehabilitated housing and other facilities made available with CDBG. Benefits do not include relocation services and payments to which persons displaced are entitled by law (24 CFR §570.613).
A building or facility designed, constructed, or altered with CDBG funds governed by this Agreement that meets the definition of "residential structure" as defined in 24 CFR 40.2 or the definition of "building" as defined in 41 CFR 101-19.602(a) is subject to the requirements of the Architectural Barriers Act of 1968 (42 U.S.C. 4151-4157) and shall comply with the Uniform Federal Accessibility Standards (appendix A to 24 CFR part 40 for residential structures, and appendix A to 41 CFR part 101-19, subpart 101-19.6, for general type buildings). 62 The Americans with Disabilities Act (42 U.S.C. 12131; 47 U.S.C. 155, 201, 218 and 225) (ADA) provides comprehensive civil rights to individuals with disabilities in the areas of employment, public accommodations, State and local government services, and telecommunications.
The contract provisions for non-federal entity contract under federal awards as set forth in Exhibit "E".
11. CLOSEOUT AND REVERSION OF ASSETS
GRANTEE will close out this Agreement when it determines that all applicable administrative actions and all required work of the Agreement have been completed by SUBRECIPIENT.
Unless provided an extension through written notification by GRANTEE, SUBRECIPIENT shall complete the following actions no later than thirty calendar days after the end date of the term of this Agreement:
• Submit, all financial, performance, and other reports as required by the terms of this Agreement;
• Liquidate all obligations incurred under the Agreement; and • Transfer to GRANTEE any accounts receivable attributable to the use of CDBG and/or HOME funds, including CDBG and HOME program income.
Notwithstanding the expiration or earlier termination of this Agreement, SUBRECIPIENT's obligations to GRANTEE shall not terminate until all closeout requirements are completed. The following obligations of SUBRECIPIENT shall survive the termination of this Agreement:
• SUBRECIPIENT'S indemnity obligations;
• the obligation to cause audits to be performed relating to SUBRECIPIENT'S activities and costs under this Agreement;
• the obligation to repay to GRANTEE any CDBG and/or HOME proceeds improperly disbursed to SUBRECIPIENT or disbursed for ineligible expenditures; • any other obligations which cannot by their nature be performed until after the expiration of the Agreement such as the submittal of final payment request and performance reports.
Any real or personal property purchased in whole or in part with CDBG and/or HOME funds provided under this Agreement are subject to the following requirements that shall survive the termination of this Agreement:
• Insurance and reporting requirements regarding real and personal property acquired with federal funds in accordance with the uniform administrative requirements contained in the U.S. federal regulations published at 2 CFR Part 200; and
63 • For real property under SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds in excess of $25,000, said property shall be used to meet one of the national objectives in 24 CFR 570.208 for five years after close out of this Agreement. If the property is disposed of within five years of the close out of this Agreement, SUBRECIPIENT shall reimburse GRANTEE the percentage of the current fair market value of the property equal to the percentage of CDBG funds expended to the overall acquisition and improvement cost of the property.
12. SUSPENSION AND TERMINATION
Termination for Convenience. This Agreement may be terminated by either party if SUBRECIPIENT and GRANTEE mutually agree in writing to its termination and upon the termination conditions, including the effective date and in the case of partial termination, the portion to be terminated.
Furthermore, GRANTEE may suspend or terminate this Agreement if SUBRECIPIENT materially fails to comply with any terms of this Agreement.
If, through any cause, the SUBRECIPIENT fails to fulfill in timely and proper manner its obligations under this Agreement, ineffectively or improperly use funds provided under this Agreement, or if SUBRECIPIENT shall violate any of the covenants, agreements, or stipulations of this Agreement, GRANTEE shall thereupon have the right to terminate this Agreement by giving written notice to SUBRECIPIENT of such termination and specifying the effective date thereof, at least five days before the effective date of such termination. In such event, all finished or unfinished documents and reports prepared by SUBRECIPIENT under this Agreement shall, at the option of GRANTEE, become its property and SUBRECIPIENT shall be entitled to receive just and equitable payment for any satisfactory work completed subject to the limitations of this Agreement.
13. MANDATORY DISCLOSURES
SUBRECIPIENT shall provide written notice to the GRANTEE within five days of all potential conflicts of interest and violations of criminal law involving fraud, bribery, or gratuity violations potentially affecting this Agreement. Failure to make required disclosures can result in termination of the Agreement and suspension or debarment from future federal awards.
14. FINDINGS CONFIDENTIAL
Any reports, information or data given to or prepared by SUBRECIPIENT concerning GRANTEE under this Agreement shall not be made available to any individual or organization by SUBRECIPIENT without first submitting them to GRANTEE. 64 15. GENERAL CONDITIONS
SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal, State, County, and City laws, ordinances and codes. Should a Project receive additional funding after the commencement of this Agreement, SUBRECIPIENT shall notify GRANTEE in writing within thirty days of receiving notification from the funding source and submit a cost allocation plan for approval by GRANTEE within forty-five days of said official notification.
SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG)) including subpart K of these regulations, except that (1) SUBRECIPIENT does not assume the recipient's environmental responsibilities described in 24 CFR 570.604 and (2) SUBRECIPIENT does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52.
SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available.
SUBRECIPIENT shall provide Workers ' Compensation Insurance coverage for all of its employees involved in the performance of this Agreement.
SUBRECIPIENT shall comply with the bonding and insurance requirements set forth in 2 CFR Part 200. The SUBRECIPIENT shall additionally carry sufficient insurance and bond coverage as set forth in Exhibit "C".
SUBRECIPIENT shall subcontract all work or services through written contract or agreement subject to each provision of this Agreement and applicable City, County, State and Federal guidelines and regulations. Prior to execution of any subcontract hereunder, such subcontracts must be submitted by SUBRECIPIENT to GRANTEE for its review and approval, which will specifically include a determination of compliance. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by SUBRECIPIENT or reimbursed by GRANTEE without prior written approval.
16. INDEPENDENT CONTRACTOR
In furnishing the services provided for herein, SUBRECIPIENT is acting solely as an independent contractor. Neither SUBRECIPIENT, nor any of its officers, agents or employees shall be deemed an officer, agent, employee, joint venturer, partner or associate of GRANTEE for any purpose. GRANTEE shall have no right to control or supervise or direct the manner or method by which SUBRECIPIENT shall perform its work and functions. However, GRANTEE shall retain the right to administer this Agreement so as to verify that SUBRECIPIENT is performing its obligations in accordance with the terms and conditions thereof 65 This Agreement does not evidence a partnership or joint venture between SUBRECIPIENT and GRANTEE. SUBRECIPIENT shall have no authority to bind GRANTEE absent GRANTEE's express written consent. Except to the extent otherwise provided in this Agreement, SUBRECIPIENT shall bear its own costs and expenses in pursuit thereof Because of its status as an independent contractor, SUBRECIPIENT and its officers, agents and employees shall have absolutely no right to employment rights and benefits available to GRANTEE's employees. SUBRECIPIENT shall be solely liable and responsible for all payroll and tax withholding and for providing to, or on behalf of, its employees all employee benefits including, without limitation, health, welfare and retirement benefits. In addition, together with its other obligations under this Agreement, SUBRECIPIENT shall be solely responsible, indemnify, defend and save GRANTEE harmless from all matters relating to employment and tax withholding for and payment of SUBRECIPIENT's employees, including, without limitation, (i) compliance with Social Security and unemployment insurance withholding, payment of workers compensation benefits, and all other laws and regulations governing matters of employee withholding, taxes and payment; and (ii) any claim of right or interest in GRANTEE employment benefits, entitlements, programs and/or funds offered employees of GRANTEE whether arising by reason of any common law, de facto, leased, or co- employee rights or other theory. It is acknowledged that during the term of this Agreement, SUBRECIPIENT may be providing services to others unrelated to GRANTEE or to this Agreement.
17. INDEMNIFICATION
To the furthest extent allowed by law including California Civil Code section 2782, SUBRECIPIENT shall indemnify, hold harmless and defend GRANTEE and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in Contract, tort or strict liability, including, but not limited to personal injury, death at any time and property damage) incurred by GRANTEE, SUBRECIPIENT or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of performance of this Agreement. SUBRECIPIENT's obligations under the preceding sentence shall apply regardless of whether GRANTEE or any of its officers, officials, employees, agents or volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or willful misconduct, of GRANTEE or any of its officers, officials, employees, agents or volunteers.
If SUBRECIPIENT should contract or subcontract all or any portion of the work to be performed under this Agreement, SUBRECIPIENT shall require each SUBRECIPIENT and/or subcontractor to indemnify, hold harmless and defend GRANTEE and each of its officers, officials, employees, agents, and volunteers in accordance with the terms of the preceding paragraph.
66 This section shall survive termination or expiration of this Agreement.
18. NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice.
Communication and details concerning this Agreement shall be directed to the following contract representatives:
GRANTEE SUBRECIPIENT
City of Sanger
ATTN: Tom Navarro
Community Development Director
1700 7th Street
Sanger, CA 93657
Phone: (559) 876-6300 Ext. 1520
19. AMENDMENTS
Self-Help Enterprises
Attention: Susan Long
Program Director
8445 W Elowin Ct
Visalia, CA 93290
Phone: (559)802-1630
GRANTEE or SUBRECIPIENT may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the GRANTEE's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the GRANTEE or SUBRECIPIENT from its obligations under this Agreement.
GRANTEE may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both GRANTEE and SUBRECIPIENT.
20. ASSIGNMENT
SUBRECIPIENT shall not assign or transfer any interest in this Agreement without the prior written consent of the GRANTEE.
67 21. SEVERABILITY
If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement.
22. ATTORNEY FEES
If either party is required to commence any proceeding or legal action to enforce or interpret any term, covenant or condition of this Agreement, the prevailing party will be entitled to recover from the other party its reasonable attorney's fees and legal expenses.
23. BINDING ON ALL SUCCESSORS AND ASSIGNS
Unless otherwise expressly provided in this Agreement, all the terms and provisions of this Agreement shall be binding on and inure to the benefit of the parties hereto, and their respective nominees, heirs, successors, assigns, and legal representatives.
24. COUNTERPARTS
This Agreement may be executed in counterparts, each of which when executed and delivered will be deemed an original, and all of which together will constitute one instrument. The execution of this Agreement by any party hereto will not become effective until counterparts hereof have been executed by all parties hereto.
25. CUMULATIVE REMEDIES
No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity. All powers and remedies given by this Agreement shall be cumulative and in addition to those otherwise provided by law.
26. EFFECTIVE DATE
This Agreement shall be effective upon the Parties' complete execution following City Council approval.
27. ENTIRE AGREEMENT
This Agreement represents the entire and integrated agreement of the parties with respect to the subject matter hereof. This Agreement supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified or amended only by written instrument duly authorized and executed by both GRANTEE and SUBRECIPIENT. 68 28. EXHIBITS
Each exhibit and attachment referenced in this Agreement is, by the reference, incorporated into and made a part of this Agreement.
29. EXPENSES INCURRED UPON EVENT OF DEFAULT
SUBRECIPIENT shall reimburse GRANTEE for all reasonable expenses and costs of collection and enforcement, including reasonable attorney's fees, incurred by GRANTEE as a result of one or more Events of Default by SUBRECIPIENT under this Agreement.
30. GOVERNING LAW AND VENUE
Except to the extent preempted by applicable federal law, the laws of the State of California shall govern all aspects of this Agreement, including execution, interpretation, performance, and enforcement. Venue for filing any action to enforce or interpret this Agreement will be Fresno County, California.
31. HEADINGS
The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.
32. INTERPRETATION
This Agreement in its final form is the result of the combined efforts of the parties. Any ambiguity will not be construed in favor or against any party, but rather by construing the terms in accordance with their generally accepted meaning.
33. NO THIRD PARTY BENEFICIARY
The rights, interests, duties and obligations defined within this Agreement are intended for the specific parties hereto as identified in the preamble of this Agreement. Notwithstanding anything stated to the contrary in this Agreement, it is not intended that any rights or interests in this Agreement benefit or flow to the interest of any third parties other than expressly identified herein. No subcontractor, mechanic, materialman, laborer, vendor, or other person hired or retained by SUBRECIPIENT shall have any rights hereunder and shall look to SUBRECIPIENT as their sole source of recovery if not paid. No third party may enter any claim or bring any such action against GRANTEE under any circumstances. Except as provided by law, or as otherwise agreed to in writing between GRANTEE and such person, each such person shall be deemed to have waived in writing all right to seek redress from GRANTEE under any circumstances whatsoever. SUBRECIPIENT shall include this paragraph in all contracts/subcontracts. 69 34. NO WAIVER
Neither failure nor delay on the part of the GRANTEE in exercising any right under this Agreement shall operate as a waiver of such right, nor shall any single or partial exercise of any such right preclude any further exercise thereof or the exercise of any other right. No waiver of any provision of this Agreement or consent to any departure by the SUBRECIPIENT therefrom shall be effective unless the same shall be in writing, signed on behalf of the GRANTEE by a duly authorized officer thereof, and the same shall be effective only in the specific instance for which it is given. No notice to or demand on the SUBRECIPIENT in any case shall entitle the SUBRECIPIENT to any other or further notices or demands in similar or other circumstances, or constitute a waiver of any of the GRANTEE's right to take other or further action in any circumstances without notice or demand.
35. NON -RELIANCE
SUBRECIPIENT hereby acknowledges having obtained such independent legal or other advice as it has deemed necessary and declares that in no manner has it relied on GRANTEE, it agents, employees or attorneys in entering into this Agreement.
36. PRECEDENCE OF DOCUMENTS
In the event of any conflict between the body of this Agreement and any exhibit or attachment hereto, the terms and conditions of the body of this Agreement will control.
37. SEVERABILITY
If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.
[SIGNATURE PAGE TO FOLLOW]
70 IN WITNESS WHEREOF, the parties have executed this Agreement at California, the day and year first above written.
GRANTEE:
Name: Tim Chapa
Title: City Manager
SUBRECIPIENT:
Name: Thomas J. Collishaw
President/CEO
Title:
Attachments:
EXHIBIT A: SCOPE OF WORK
EXHIBIT B: PROPOSED BUDGET
EXHIBIT C: INSURANCE REQUIRMENTS
EXHIBIT D: CONFLICT OF INTEREST
EXHIBIT E: CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS
UNDER FEDERAL AWARDS
71 EXHIBIT A
SCOPE OF WORK
Matrix Code: 14A Rehab: Single-Unit Residential
National Objective: LMH
CDBG Eligibility: 24 CFR 570.202
Project Description:
Self-Help Enterprises will offer housing rehabilitation, and homebuyer assistance programs:
1) Housing Rehabilitation Program for owner occupied income eligible households citywide that provides for the repair of multiple household systems that threaten a household's health, general well-being or safety and/or subjects the households to live without basic plumbing, electrical, heating, cooling or security.
2) Housing Rehabilitation Program for owner investors citywide that provides for the repair of multiple household systems that threaten a household's health, general well-being or safety and/or subjects the households to live without basic plumbing, electrical, heating, cooling or security.
3) Homebuyer Assistance Program for income eligible homebuyers citywide that provides down payment, closing cost and
Records to Be Maintained
The subrecipient shall maintain records including, but not limited to:
Basic Activity Information
The SUBRECIPIENT shall maintain a project file that contains a full description of each activity assisted with CDBG and/or HOME funds, including its location, the amount of CDBG and/or HOME funds budgeted, obligated and expended for the activity, and the eligibility and national objective under which it is eligible.
Data on the extent to which each racial and ethnic group and have applied for, participated in, or benefited from, any program or activity funded in whole or in part with CDBG and/or HOME funds. Such information shall be used only as a basis for further investigation as to compliance with nondiscrimination requirements. No recipient is required to attain or maintain any particular statistical measure by race, ethnicity, or gender in covered programs. 72 Financial Management Records
The SUBRECIPIENT shall maintain financial records in accordance with the applicable requirements listed in Sec. 570.502, including source documentation.
The project file must document how the CDBG and/or HOME funds are expended. Such documentation must include, to the extent applicable:
Invoices with supporting documentation
Evidence that adequate procurement practices were in place and followed Schedules containing comparisons of budgeted amounts and actual expenditures, • Construction progress schedules signed by appropriate parties (e.g., general contractor and/or a project architect), if applicable
• Other documentation appropriate to the nature of the activity National Objective Compliance - Low Mod Housing Activities (LMH) - Owner The SUBRECIPIENT shall maintain records for each owner-occupied unit, including:
• The total cost of the activity, including both CDBG/HOME and non-CDBG/HOME funds.
• a determination of beneficiary's household size and estimated annual income (as defined under the 24 CFR 5.609) completed and signed by the SUBRECIPIENT supported by documentation such as pay stubs and other accepted forms of income verification.
SUBRECIPIENT shall ensure the CDBG and/or HOME grant funds provided by GRANTEE are clearly identified as a subaward and include the following information:
• SUBRECIPIENT NAME: Self-Help Enterprises
• Subrecipient ID (DUNS): 056179906
• State Award Identification Number: B-18-MC-06-0001
• State Award Date: 09/12/2018
• Period of Performance: July 26, 2018 - July 25, 2019
• Funds Obligated by this Agreement: CDBG and/or HOME
• Total Funds Obligated to SUBRECIPIENT: $500,000
• Total Amount of the Award: $6,904,510
• Award project description: See Exhibit A - Scope of Work • Name of awarding agency: CA Dept. of Housing and Community Development • Name of pass-through entity: City/County of , California • Award Official Contact Information: See Section 18 - Notices 73 • CFDA Number: 14.218
• CFDA Name: Community Development Block Grant/HOME Investment Partnership Program
• Identification of R&D: No
• Indirect cost rate for the Federal award: 10%
74 EXHIBIT B
PROPOSED BUDGET
# Line Item Approved Budget
1 General Administration $12,500
2 Home Buyers Assistance
$243,750 including 6.5% Activity
& Delivery. Total $15,844
3 Rehabilitation
$243,750 including 24% Activity &
Delivery. Total $58,500
TOTAL ACTIVITY & DELIVERY COST: $86,844
Activity & Delivery Cost include closing cost, inspections for lead based paint, asbestos, building code compliance, utility coordination, construction monitoring, contract prep and RFP's etc.
All Activity & Delivery cost are required and determined by the State.
75 EXHIBIT C
INSURANCE REQUIREMENTS
Agreement between City of Sanger ("CITY") and Self-Help Enterprises ("SUBRECIPIENT")
HOME REPAIR PROGRAMS
MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. The most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01, providing liability coverage arising out of your business operations. The Commercial General Liability policy shall be written on an occurrence form and shall provide coverage for "bodily injury, " "property damage" and "personal and advertising injury" with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Agreement) with limits of liability not less than those set forth under "Minimum Limits of Insurance."
2. The most current version of ISO *Commercial Auto Coverage Form CA 00 01, providing liability coverage arising out of the ownership, maintenance or use of automobiles in the course of your business operations. The Automobile Policy shall be written on an occurrence form and shall provide coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1- Any Auto). If personal automobile coverage is used, the CITY, its officers, officials, employees, agents, and volunteers are to be listed as additional insureds.
3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
4. Professional Liability (Errors and Omissions) that includes Cyber Liability (Privacy and Data breach) insurance appropriate to SUBRECIPIENT profession.
MINIMUM LIMITS OF INSURANCE
SUBRECIPIENT, or any party the SUBRECIPIENT subcontracts with, shall maintain limits of liability of not less than those set forth below. However, insurance limits available to CITY, its officers, officials, employees, agents, and volunteers as additional insureds, shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to the named insured:
1. COMMERCIAL GENERAL LIABILITY:
(i) $1,000,000 per occurrence for bodily injury and property damage; 76 (ii) $1,000,000 per occurrence for personal and advertising injury; (iii) $2,000,000 aggregate for products and completed operations; and, (iv) $2,000,000 general aggregate applying separately to the work performed under the Agreement.
2. COMMERCIAL AUTOMOBILE LIABILITY:
$1,000,000 per accident for bodily injury and property damage.
3. WORKERS' COMPENSATION INSURANCE as required by the State of California with statutory limits.
4. EMPLOYER'S LIABILITY:
(i) $1,000,000 each accident for bodily injury;
(ii) $1,000,000 disease each employee; and,
(iii) $1,000,000 disease policy limit.
5. PROFESSIONAL LIABILITY (Errors and Omissions) & (Privacy & Data breach coverage):
(i)
(ii)
$1,000,000 per claim/occurrence; and,
$2,000,000 policy aggregate.
UMBRELLA OR EXCESS INSURANCE
In the event SUBRECIPIENT purchases an Umbrella or Excess insurance policy(ies) to meet the "Minimum Limits of Insurance," this insurance policy(ies) shall "follow form" and afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non-contributory basis for the benefit of the CITY, its officers, officials, employees, agents, and volunteers.
DEDUCTIBLES AND SELF-INSURED RETENTIONS
SUBRECIPIENT shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and SUBRECIPIENT shall also be responsible for payment of any self-insured retentions. Any deductibles or self- insured retentions must be declared to on the Certificate of Insurance, and approved by, the CITY Risk Manager or designee. At the option of the CITY Risk Manager or designee, either:
77 (i) The insurer shall reduce or eliminate such deductibles or self-insured retentions as respects CITY, its officers, officials, employees, agents, and volunteers; or (ii) SUBRECIPIENT shall provide a financial guarantee, satisfactory to CITY Risk Manager or designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall CITY be responsible for the payment of any deductibles or self-insured retentions.
OTHER INSURANCE PROVISIONS/ENDORSEMENTS
The General Liability and Automobile Liability insurance policies are to contain, or be endorsed to contain, the following provisions:
1. CITY, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds. SUBRECIPIENT shall establish additional insured status for the City and for all ongoing and completed operations by use of ISO Form CG 20 10 11 85 or both CG 20 10 10 01 and CG 20 37 10 01 or by an executed manuscript insurance company endorsement providing additional insured status as broad as that contained in ISO Form CG 20 10 11 85.
2. The coverage shall contain no special limitations on the scope of protection afforded to CITY, its officers, officials, employees, agents, and volunteers. Any available insurance proceeds in excess of the specified minimum limits and coverage shall be available to the Additional Insured.
3. For any claims relating to this Agreement, SUBRECIPIENT's insurance coverage shall be primary insurance with respect to the CITY, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees, agents, and volunteers shall be excess of SUBRECIPIENT's insurance and shall not contribute with it. SUBRECIPIENT shall establish primary and non-contributory status by using ISO Form CG 20 01 04 13 or by an executed manuscript insurance company endorsement that provides primary and non-contributory status as broad as that contained in ISO Form CG 20 010413.
The Workers' Compensation insurance policy is to contain, or be endorsed to contain, the following provision: SUBRECIPIENT and its insurer shall waive any right of subrogation against CITY, its officers, officials, employees, agents, and volunteers.
If the Professional Liability (Errors and Omissions) with Cyber Liability insurance policy is written on a claims-made form:
1. The retroactive date must be shown, and must be before the effective date of the Agreement or the commencement of work by SUBRECIPIENT.
78 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement work or termination of the Agreement, whichever occurs first, or, in the alternative, the policy shall be endorsed to provide not less than a five (5) year discovery period.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of the Agreement or the commencement of work by SUBRECIPIENT, SUBRECIPIENT must purchase "extended reporting" coverage for a minimum of five (5) years completion of the Agreement work or termination of the Agreement, whichever occurs first.
4. A copy of the claims reporting requirements must be submitted to CITY for review.
5. These requirements shall survive expiration or termination of the Agreement.
All policies of insurance required herein shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after thirty (30) calendar days written notice by certified mail, return receipt requested, has been given to CITY.
SUBRECIPIENT is also responsible for providing written notice to the CITY under the same terms and conditions. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non- renewal, or reduction in coverage or in limits, SUBRECIPIENT shall furnish CITYwith a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for CITY, SUBRECIPIENT shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than fifteen (15) calendar days prior to the expiration date of the expiring policy.
Should any of the required policies provide that the defense costs are paid within the Limits of Liability, thereby reducing the available limits by any defense costs, then the requirement for the Limits of Liability of these polices will be twice the above stated limits.
The fact that insurance is obtained by SUBRECIPIENT shall not be deemed to release or diminish the liability of SUBRECIPIENT, including, without limitation, liability under the indemnity provisions of this Agreement. The policy limits do not act as a limitation upon the amount of indemnification to be provided by SUBRECIPIENT. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of SUBRECIPIENT, its principals, officers, agents, employees, persons under the supervision of SUBRECIPIENT, vendors, suppliers, invitees, consultant, sub-consultant, subcontractors, or anyone employed directly or indirectly by any of them.
SUBCONTRACTORS - If SUBRECIPIENT subcontracts any or all of the services to be performed under this Agreement, SUBRECIPIENT shall require, at the discretion of the CITY Risk Manager or designee, subcontractor(s) to enter into a separate Side Agreement with the City/County to provide required indemnification and insurance protection. Any required Side 79 Agreement(s) and associated insurance documents for the subcontractor must be reviewed and preapproved by CITY Risk Manager or designee. If no Side Agreement is required, SUBRECIPIENT will be solely responsible for ensuring that its subcontractors maintain insurance coverage at levels no less than those required by applicable law and is customary in the relevant industry.
VERIFICATION OF COVERAGE
SUBRECIPIENT shall furnish CITY with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the CITY Risk Manager or his/her designee prior to CITY execution of the Agreement and before work commences. All non-ISO endorsements amending policy coverage shall be executed by a licensed and authorized agent or broker. Upon request of CITY, SUBRECIPIENT shall immediately furnish City/County with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement.
80 EXHIBIT D
CONFLICT OF INTEREST
YES* NO
1 Are you currently in litigation with the City of Sanger or any of its agents?
2 Do you represent any firm. organization or person who is in litigation with the City of Sanger?
3 Do you currently represent or perform work for any clients who do business with the City of Sanger? 0
4 Are you or any of your principals, managers or professionals, owners or investors in a business which does business with the City of Sanger, or in a business which is in litigation with the City of Sanger?
ri
5 Are you or any of your principals. managers or professionals, related by blood or marriage to any City of Sanger employee who has any significant role in the subject matter of this service? U 6 Do you or any of your subcontractors have, or expect to have. any interest, direct or indirect, in any other contract in connection with this Project? 0 *r&
* If the answer to any question is yes, please explain in full below.
Explanation:
Date:
Thomas J. Collishaw President/CEO
Self-Help Enterprises
8445 W Elowin Ct
Visalia, CA 93290
Additional page(s) attached.
81 EXHIBIT E
CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER
FEDERAL AWARDS
In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non-Federal entity under the Federal award must contain provisions covering the following, as applicable.
(A) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. (B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement.
(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-
1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor."
(D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor 82 regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. (E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours.
Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous.
These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements, " and any implementing regulations issued by the awarding agency. (G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended- Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non- Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
(H) Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6201).
83 (I) Debarment and Suspension (Executive Orders 12549 and 12689)- A contract award (see 2 CFR 180.220) must not be made to parties listed on the government-wide Excluded Parties List System in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1986 Comp., p. 189) and 12689 (3 CFR Part 1989 Comp., p. 235), "Debarment and Suspension." The Excluded Parties List System in SAM contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
(J) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)-Contractors that apply or bid for an award of $100,000 or more must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.
(K) See §200.322 Procurement of recovered materials.
84 CITY OF SANGER
SUBRECIPIENT AGREEMENT
THIS AGREEMENT, entered this 17th day of December, 2020 by and between the City of Sanger, California, a municipal corporation, (GRANTEE) and Self-Help Enterprises (SUBRECIPIENT).
WHEREAS, the California Department of Housing and Community Development, hereinafter "HCD", is authorized to allocate Community Development Block Grant Program, hereinafter "CDBG" funds made available from the U.S. Department of Housing and Urban Development, hereinafter referred to as "HUD", as, as authorized under Title I of the Housing and Community Development Act of 1974, as amended, and implemented under Title 24 of the Code of Federal Regulations, hereinafter collectively referred to as the "Act", incorporated herein by its reference; and
WHEREAS, HCD is authorized to allocate HOME Investment Partnership Program, hereinafter "HOME" funds, made available from HUD as authorized under Title II of the Cranston-Gonzalez National Affordability Housing Act of 1990 as set forth in Title 24 of the Code of Federal Regulations, part 92, and in Title 25 of the California Code of Regulations commencing with Section 8200.
WHEREAS, GRANTEE is a recipient of CDBG and HOME funding for use in funding eligible activities furthering established national objectives to benefit its low and moderate income residents as defined in the Act; and
WHEREAS, GRANTEE in accordance with its 2019-2024 Housing Element/Consolidated Plan, desires to provide CDBG and HOME funds to SUBRECIPIENT, for activities and services, as more fully described in Exhibit A, Scope of Services, upon the terms and conditions in this Agreement; and
WHEREAS, pursuant to City Resolution No. 2019-63, the City Manager is authorized to execute CDBG and HOME Agreements, on behalf of GRANTEE, that are within available allocated CDBG and HOME funding and in a standard form approved by the City Attorney.
NOW, THEREFORE, it is agreed between the parties hereto that:
1. TERM
The term of this Agreement shall commence on December 17, 2020, unless terminated earlier pursuant to the terms of this Agreement, shall continue until December 17, 2023. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which SUBRECIPIENT remains in control of CDBG and/or HOME funds or other CDBG and/or HOME assets, including Program Income.
85 2. SCOPE OF WORK
SUBRECIPIENT will be responsible for administering services in a manner satisfactory to GRANTEE and consistent with any standards required as a condition of providing these funds.
GRANTEE will also perform the services set forth in Exhibit "A" entitled "Scope of Work" attached hereto and incorporated by reference herein and made a part hereof.
SUBRECIPIENT shall administer the Program for the whole of the term of the Agreement.
SUBRECIPIENT shall administer the Program in compliance with the CDBG and HOME requirements and in a manner that meets the CDBG national objective(s) of 24 CFR 570.208 and HOME statewide goals.
GRANTEE will monitor the performance of SUBRECIPIENT against goals and performance standards as stated above. Substandard performance as determined by GRANTEE will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by SUBRECIPIENT within a reasonable amount of time after being notified by GRANTEE, contract suspension or termination procedures will be initiated.
3. RECORDS AND REPORTS
On a quarterly basis, SUBRECIPIENT shall submit to GRANTEE, in a form acceptable to GRANTEE, a performance report summarizing the number of unduplicated persons served, including race, ethnicity, and income data. The performance report shall be submitted within thirty days of the close of each quarter.
SUBRECIPIENT shall ensure the CDBG and HOME grant funds provided by GRANTEE are clearly identified as subawards and include the following information:
.
•
.
.
.
.
.
SUBRECIPIENT NAME:
Subrecipient ID (DUNS):
State Award Identification Number: (CDBG/HOME Grant#)
State Award Date:
Period of Performance:
Federal/State Funds Obligated by this Agreement:
Total Federal/State Funds Obligated to SUBRECIPIENT:
Total Amount of the Federal/State Award:
Federal/State Award project description:
Name of State awarding agency: Dept. of Housing and Community Development Name of pass-through entity: City of Sanger, California Award Official Contact Information: Name and Address
CFDA Number: 14.218
CFDA Name: Community Development Block Grant
Identification of R&D: No
86 • Indirect cost rate for the Federal award:
SUBRECIPIENT shall maintain all records required by the Federal regulations specified in 24 CFR 570.506 that are pertinent to the activities funded under this Agreement. Such records shall include but not be limited to:
a) A full description of each activity undertaken;
b) Records demonstrating each activity undertaken meets one of the National Objectives of the CDBG and/or HOME program;
c) Records required to determine the eligibility of activities; d) Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG and/or HOME assistance; e) Records documenting compliance with the fair housing and equal opportunity components of the CDBG and/or HOME program;
f) Financial records as required by 2 CFR Part 200 as amended by 24 CFR 570.502, and g) Other records necessary to document compliance with Subpart K of 24 CFR Part 570.
SUBRECIPIENT shall retain all project files, financial records, and any other documents related to the Program for a period of three years from the date of the close out of this Agreement, except in the following cases:
If any litigation, claim, or audit is started before the expiration of the three year period, the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken.
When the SUBRECIPIENT is notified in writing by the GRANTEE to extend the retention period.
Records for real property and equipment acquired with Federal funds must be retained for three years after final disposition.
GRANTEE shall monitor and evaluate SUBRECIPIENT's performance under this Agreement to determine compliance with this Agreement and CDBG and/or HOME requirements.
SUBRECIPIENT shall cooperate with GRANTEE and any federal or state auditors authorized by GRANTEE and shall make available all information, documents, and records reasonably requested and shall provide GRANTEE the reasonable right of access to both records and personnel during normal business hours for the purpose of assuring compliance with this Agreement and evaluating performance hereunder. The rights of access in this section are not limited to the required retention period but last as long as the records are retained. 87 4. METHOD OF PAYMENT
Grant funds shall be disbursed to reimburse SUBRECIPIENT in accordance with the Proposed Budget attached hereto as Exhibit "B" and incorporated herein. SUBRECIPIENT's sole source of compensation hereunder will be in the form of a grant of CDBG and/or HOME funds as described herein. It is expressly agreed and understood that the total amount to be paid by GRANTEE under this Agreement shall not exceed Five Hundred Thousand Dollars and 00/100 ($500,000).
SUBRECIPIENT shall submit to GRANTEE a request for payment, in a form acceptable to GRANTEE, on a monthly basis for the term of the Agreement. Said request shall be accompanied with supporting documentation, including but not limited to paid receipts, invoices and timesheets, to allow GRANTEE to determine compliance with applicable federal regulations, including cost allowability.
GRANTEE shall pay all approved requests for payment pursuant to this Agreement within the normal course of business, typically within forty-five days of receipt. If GRANTEE disallows any cost submitted by SUBRECIPIENT, within ten business days GRANTEE will provide written notification to SUBRECIPIENT of the disallowance, including any corrective action necessary to process payment.
All funds are paid contingent upon SUBRECIPIENT's continuous compliance with all applicable, uniform administrative requirements, program regulations, and recapture and reversion requirements set out in the Act. Any unearned or recaptured CDBG or HOME funding shall be returned to GRANTEE within thirty days of the earlier of termination of this Agreement or notice by GRANTEE. Any interest earned or received by SUBRECIPIENT thereon shall be remitted to the GRANTEE.
An authorized official for SUBRECIPIENT must provide a signed certification with each request that states the following: "By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)."
SUBRECIPIENT understands and agrees the availability of CDBG and HOME funds is subject to the control of HUD, other federal agencies, HCD, or other state agencies and should the CDBG or HOME funds be encumbered, withdrawn or otherwise made unavailable to GRANTEE, whether earned by or promised to SUBRECIPIENT, and/or should GRANTEE in any fiscal year hereunder fail to allocate CDBG or HOME funds, GRANTEE shall not provide said funds unless and until they are made available for payment to GRANTEE by HUD, HCD 88 and GRANTEE receives and allocates said funds. No other funds owned or controlled by GRANTEE shall be obligated under this Agreement to the Project(s).
5. PROGRAM INCOME
Any income generated by SUBRECIPIENT from the use of CDBG and/or HOME funds governed by this Agreement shall be considered CDBG and/or HOME program income. All CDBG and/or HOME program income (as defined at 24 CFR 570.500(a)) shall be retained by SUBRECIPIENT for the term of this Agreement. The use of all CDBG and/or HOME program income is reserved specifically for services outlined in the Scope of Work and is subject to the terms of this Agreement.
6. UNIFORM ADMINISTRATIVE REQUIREMENTS
SUBRECIPIENT shall adhere to and follow the Uniform Administrative Requirements found in the U.S. federal regulations at 2 CFR Part 200.
SUBRECIPIENT shall establish and maintain effective internal control over CDBG and HOME funds made available through this Agreement to provide reasonable assurance that the Program is administered in compliance with applicable federal statutes, regulations, state guidelines and the terms and conditions of this Agreement. This includes evaluation and internal monitoring of the Program and prompt, appropriate action when instances of noncompliance are identified.
SUBRECIPIENT shall follow a written procurement policy that allows for full and open competition that meets the minimum standards of the U.S. federal regulations at 2 CFR 200.317 through 200.326.
SUBRECIPIENT shall take reasonable measures to safeguard protected personally identifiable information and other information GRANTEE designates as sensitive consistent with applicable Federal, state and local laws regarding privacy and obligations of confidentiality.
SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises, and women 's business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. As used in this Agreement, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least 51% owned and controlled by minority group members or women.
SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation.
SUBRECIPIENT is prohibited from using CDBG and HOME funds or personnel employed in the administration of the program for: political activities; inherently religious activities; lobbying; political patronage; and nepotism activities. 89 SUBRECIPIENT shall comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement.
SUBRECIPIENT shall comply with the Copeland Anti-Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5.
SUBRECIPIENT shall maintain documentation that demonstrates compliance with hour and wage requirements of this part.
SUBRECIPIENT agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities.
SUBRECIPIENT shall maintain a financial management system that identifies all federal awards received and expended and the federal programs under which they were received, including:
The CFDA title and number,
Federal award identification number and year,
Name of the Federal/State agency, and
Name of the pass-through entity, if any.
SUBRECIPIENT shall follow written financial management policies and procedures that, at a minimum, provide for:
• Determination of allowable costs in accordance with the terms and conditions of this Agreement and the federal cost principles published in the U.S. federal regulations at 2 CFR 200 Subpart E;
• Effective control over, and accountability for, all funds, property, and other assets to ensure all assets are safeguarded and they are used solely for authorized purposes; and • Accurate financial reporting on federal awards, authorizations, obligations, unobligated balances, assets, expenditures, income and interest and be supported by source documentation.
7. AUDIT REQUIREMENTS
Within thirty days of the close of SUBRECIPIENT's fiscal year, SUBRECIPIENT shall provide to GRANTEE a certification stating the total amount of federal awards expended in the fiscal year. The certification shall be signed by an authorized official.
SUBRECIPIENT agrees to have a single or program-specific audit conducted in accordance with the provisions of 2 CFR 200 Subpart F if SUBRECIPIENT expends 500,000 or more in federal awards during any fiscal year that overlaps with the term of this Agreement. SUBRECIPIENT shall submit a copy of the audit to GRANTEE and the Federal Audit Clearinghouse (FAC) 90 within thirty calendar days after receipt of the auditor's report(s). SUBRECIPIENT shall make copies of the audit available for public inspection for three years from the date of submission to the FAC.
GRANTEE shall issue a management decision for audit findings that relate to this Agreement within six months of acceptance of the audit report by the FAC.
8. USE AND REVERSION OF ASSETS
SUBRECIPIENT shall transfer to GRANTEE any CDGB and/or HOME funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation, or termination. The use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 24 CFR 570.502-504, as applicable.
9. CONFLICT OF INTEREST
SUBRECIPIENT shall maintain written standards of conduct covering conflicts of interest and governing the performance of its employees engaged in the selection, award and administration of contracts. The standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of SUBRECIPIENT. If SUBRECIPIENT has a parent, affiliate, or subsidiary organization, the standards of conduct must cover organizational conflicts of interest to ensure SUBRECIPIENT is able to be impartial in conducting a procurement action involving a related organization.
At a minimum, the standards of conduct shall include any person who is an employee, agent, consultant, officer, or elected official or appointed official of SUBRECIPIENT. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG and/or HOME activities assisted under this part, or who are in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from a CDBG and/or HOME -assisted activity, or have a financial interest in any contract, subcontract, or agreement with respect to a CDBG and/or HOME - assisted activity, or with respect to the proceeds of the CDBG and/or HOME -assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for one year thereafter.
Both SUBRECIPIENT and any subcontractors shall complete a Disclosure of Conflict of Interest From included as Exhibit "D ". Upon written request, GRANTEE may grant an exception to the conflict-of-interest provisions on a case-by-case basis. 91 10. OTHER PROGRAM REQUIREMENTS
SUBRECIPIENT agrees to administer the services in compliance with all applicable City, State, and Federal guidelines including, but not limited to the following federal program requirements as now in effect and as may be amended from time to time:
Section 109 of the Housing and Community Development Act of 1974 requires that no person in the United States shall on the grounds of race, color, national origin, religion, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance made available pursuant to the Act.
Section 109 also directs that the prohibitions against discrimination on the basis of age under the Age Discrimination Act and the prohibitions against discrimination on the basis of disability under Section 504 shall apply to programs or activities receiving Federal financial assistance under Title I programs.
Equal Opportunity requirements as described in Executive Order 11246, as amended by Executive Orders 11375, 11478, 12086, and 12107.
Equal Protection of the Laws for Faith-Based and Community Organizations as described in Executive Order 13279 and the implementing regulations at 41 CFR chapter 60.
Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) and implementing regulations at 24 CFR part 135.
The Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), the Residential Lead- Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851- 4856), and implementing regulations at part 35, subparts A, B, J, K, and R of this part apply.
Exclusion of Debarred and Suspended Contractor requirements as described in 2 CFR Part 180.
Certain newly legalized aliens, as described in 24 CFR part 49, are not eligible to apply for CDBG benefits, including financial assistance, public services, jobs and access to new or rehabilitated housing and other facilities made available with CDBG. Benefits do not include relocation services and payments to which persons displaced are entitled by law (24 CFR §570.613).
A building or facility designed, constructed, or altered with CDBG funds governed by this Agreement that meets the definition of "residential structure" as defined in 24 CFR 40.2 or the definition of "building" as defined in 41 CFR 101-19.602(a) is subject to the requirements of the Architectural Barriers Act of 1968 (42 U.S.C. 4151-4157) and shall comply with the Uniform Federal Accessibility Standards (appendix A to 24 CFR part 40 for residential structures, and appendix A to 41 CFR part 101-19, subpart 101-19.6, for general type buildings). 92 The Americans with Disabilities Act (42 U.S.C. 12131; 47 U.S.C. 155, 201, 218 and 225) (ADA) provides comprehensive civil rights to individuals with disabilities in the areas of employment, public accommodations, State and local government services, and telecommunications.
The contract provisions for non-federal entity contract under federal awards as set forth in Exhibit "E".
11. CLOSEOUT AND REVERSION OF ASSETS
GRANTEE will close out this Agreement when it determines that all applicable administrative actions and all required work of the Agreement have been completed by SUBRECIPIENT.
Unless provided an extension through written notification by GRANTEE, SUBRECIPIENT shall complete the following actions no later than thirty calendar days after the end date of the term of this Agreement:
• Submit, all financial, performance, and other reports as required by the terms of this Agreement;
• Liquidate all obligations incurred under the Agreement; and • Transfer to GRANTEE any accounts receivable attributable to the use of CDBG and/or HOME funds, including CDBG and HOME program income.
Notwithstanding the expiration or earlier termination of this Agreement, SUBRECIPIENT's obligations to GRANTEE shall not terminate until all closeout requirements are completed. The following obligations of SUBRECIPIENT shall survive the termination of this Agreement:
• SUBRECIPIENT'S indemnity obligations;
• the obligation to cause audits to be performed relating to SUBRECIPIENT'S activities and costs under this Agreement;
• the obligation to repay to GRANTEE any CDBG and/or HOME proceeds improperly disbursed to SUBRECIPIENT or disbursed for ineligible expenditures; • any other obligations which cannot by their nature be performed until after the expiration of the Agreement such as the submittal of final payment request and performance reports.
Any real or personal property purchased in whole or in part with CDBG and/or HOME funds provided under this Agreement are subject to the following requirements that shall survive the termination of this Agreement:
• Insurance and reporting requirements regarding real and personal property acquired with federal funds in accordance with the uniform administrative requirements contained in the U.S. federal regulations published at 2 CFR Part 200; and
93 • For real property under SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds in excess of $25,000, said property shall be used to meet one of the national objectives in 24 CFR 570.208 for five years after close out of this Agreement. If the property is disposed of within five years of the close out of this Agreement, SUBRECIPIENT shall reimburse GRANTEE the percentage of the current fair market value of the property equal to the percentage of CDBG funds expended to the overall acquisition and improvement cost of the property.
12. SUSPENSION AND TERMINATION
Termination for Convenience. This Agreement may be terminated by either party if SUBRECIPIENT and GRANTEE mutually agree in writing to its termination and upon the termination conditions, including the effective date and in the case of partial termination, the portion to be terminated.
Furthermore, GRANTEE may suspend or terminate this Agreement if SUBRECIPIENT materially fails to comply with any terms of this Agreement.
If, through any cause, the SUBRECIPIENT fails to fulfill in timely and proper manner its obligations under this Agreement, ineffectively or improperly use funds provided under this Agreement, or if SUBRECIPIENT shall violate any of the covenants, agreements, or stipulations of this Agreement, GRANTEE shall thereupon have the right to terminate this Agreement by giving written notice to SUBRECIPIENT of such termination and specifying the effective date thereof, at least five days before the effective date of such termination. In such event, all finished or unfinished documents and reports prepared by SUBRECIPIENT under this Agreement shall, at the option of GRANTEE, become its property and SUBRECIPIENT shall be entitled to receive just and equitable payment for any satisfactory work completed subject to the limitations of this Agreement.
13. MANDATORY DISCLOSURES
SUBRECIPIENT shall provide written notice to the GRANTEE within five days of all potential conflicts of interest and violations of criminal law involving fraud, bribery, or gratuity violations potentially affecting this Agreement. Failure to make required disclosures can result in termination of the Agreement and suspension or debarment from future federal awards.
14. FINDINGS CONFIDENTIAL
Any reports, information or data given to or prepared by SUBRECIPIENT concerning GRANTEE under this Agreement shall not be made available to any individual or organization by SUBRECIPIENT without first submitting them to GRANTEE. 94 15. GENERAL CONDITIONS
SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal, State, County, and City laws, ordinances and codes. Should a Project receive additional funding after the commencement of this Agreement, SUBRECIPIENT shall notify GRANTEE in writing within thirty days of receiving notification from the funding source and submit a cost allocation plan for approval by GRANTEE within forty-five days of said official notification.
SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG)) including subpart K of these regulations, except that (1) SUBRECIPIENT does not assume the recipient's environmental responsibilities described in 24 CFR 570.604 and (2) SUBRECIPIENT does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52.
SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available.
SUBRECIPIENT shall provide Workers ' Compensation Insurance coverage for all of its employees involved in the performance of this Agreement.
SUBRECIPIENT shall comply with the bonding and insurance requirements set forth in 2 CFR Part 200. The SUBRECIPIENT shall additionally carry sufficient insurance and bond coverage as set forth in Exhibit "C".
SUBRECIPIENT shall subcontract all work or services through written contract or agreement subject to each provision of this Agreement and applicable City, County, State and Federal guidelines and regulations. Prior to execution of any subcontract hereunder, such subcontracts must be submitted by SUBRECIPIENT to GRANTEE for its review and approval, which will specifically include a determination of compliance. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by SUBRECIPIENT or reimbursed by GRANTEE without prior written approval.
16. INDEPENDENT CONTRACTOR
In furnishing the services provided for herein, SUBRECIPIENT is acting solely as an independent contractor. Neither SUBRECIPIENT, nor any of its officers, agents or employees shall be deemed an officer, agent, employee, joint venturer, partner or associate of GRANTEE for any purpose. GRANTEE shall have no right to control or supervise or direct the manner or method by which SUBRECIPIENT shall perform its work and functions. However, GRANTEE shall retain the right to administer this Agreement so as to verify that SUBRECIPIENT is performing its obligations in accordance with the terms and conditions thereof. 95 This Agreement does not evidence a partnership or joint venture between SUBRECIPIENT and GRANTEE. SUBRECIPIENT shall have no authority to bind GRANTEE absent GRANTEE's express written consent. Except to the extent otherwise provided in this Agreement, SUBRECIPIENT shall bear its own costs and expenses in pursuit thereof.
Because of its status as an independent contractor, SUBRECIPIENT and its officers, agents and employees shall have absolutely no right to employment rights and benefits available to GRANTEE's employees. SUBRECIPIENT shall be solely liable and responsible for all payroll and tax withholding and for providing to, or on behalf of, its employees all employee benefits including, without limitation, health, welfare and retirement benefits. In addition, together with its other obligations under this Agreement, SUBRECIPIENT shall be solely responsible, indemnify, defend and save GRANTEE harmless from all matters relating to employment and tax withholding for and payment of SUBRECIPIENT's employees, including, without limitation, (i) compliance with Social Security and unemployment insurance withholding, payment of workers compensation benefits, and all other laws and regulations governing matters of employee withholding, taxes and payment; and (ii) any claim of right or interest in GRANTEE employment benefits, entitlements, programs and/or funds offered employees of GRANTEE whether arising by reason of any common law, de facto, leased, or co- employee rights or other theory. It is acknowledged that during the term of this Agreement, SUBRECIPIENT may be providing services to others unrelated to GRANTEE or to this Agreement.
17. INDEMNIFICATION
To the furthest extent allowed by law including California Civil Code section 2782, SUBRECIPIENT shall indemnify, hold harmless and defend GRANTEE and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in Contract, tort or strict liability, including, but not limited to personal injury, death at any time and property damage) incurred by GRANTEE, SUBRECIPIENT or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of performance of this Agreement. SUBRECIPIENT's obligations under the preceding sentence shall apply regardless of whether GRANTEE or any of its officers, officials, employees, agents or volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or willful misconduct, of GRANTEE or any of its officers, officials, employees, agents or volunteers.
If SUBRECIPIENT should contract or subcontract all or any portion of the work to be performed under this Agreement, SUBRECIPIENT shall require each SUBRECIPIENT and/or subcontractor to indemnify, hold harmless and defend GRANTEE and each of its officers, officials, employees, agents, and volunteers in accordance with the terms of the preceding paragraph.
96 This section shall survive termination or expiration of this Agreement.
18. NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice.
Communication and details concerning this Agreement shall be directed to the following contract representatives:
GRANTEE
City of Sanger
ATTN: Tom Navarro
Community Development Director
1700 7th Street
Sanger, CA 93657
Phone: (559) 876-6300 Ext. 1520
19. AMENDMENTS
SUBRECIPIENT
Self-Help Enterprises
Attention: Susan Long
Program Director
8445 W Elowin Ct
Visalia, CA 93290
Phone: (559)802-1630
GRANTEE or SUBRECIPIENT may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the GRANTEE's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the GRANTEE or SUBRECIPIENT from its obligations under this Agreement.
GRANTEE may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both GRANTEE and SUBRECIPIENT.
20. ASSIGNMENT
SUBRECIPIENT shall not assign or transfer any interest in this Agreement without the prior written consent of the GRANTEE.
97 21. SEVERABILITY
If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement.
22. ATTORNEY FEES
If either party is required to commence any proceeding or legal action to enforce or interpret any term, covenant or condition of this Agreement, the prevailing party will be entitled to recover from the other party its reasonable attorney's fees and legal expenses.
23. BINDING ON ALL SUCCESSORS AND ASSIGNS
Unless otherwise expressly provided in this Agreement, all the terms and provisions of this Agreement shall be binding on and inure to the benefit of the parties hereto, and their respective nominees, heirs, successors, assigns, and legal representatives.
24. COUNTERPARTS
This Agreement may be executed in counterparts, each of which when executed and delivered will be deemed an original, and all of which together will constitute one instrument. The execution of this Agreement by any party hereto will not become effective until counterparts hereof have been executed by all parties hereto.
25. CUMULATIVE REMEDIES
No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity. All powers and remedies given by this Agreement shall be cumulative and in addition to those otherwise provided by law.
26. EFFECTIVE DATE
This Agreement shall be effective upon the Parties' complete execution following City Council approval.
27. ENTIRE AGREEMENT
This Agreement represents the entire and integrated agreement of the parties with respect to the subject matter hereof. This Agreement supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified or amended only by written instrument duly authorized and executed by both GRANTEE and SUBRECIPIENT. 98 28. EXHIBITS
Each exhibit and attachment referenced in this Agreement is, by the reference, incorporated into and made a part of this Agreement.
29. EXPENSES INCURRED UPON EVENT OF DEFAULT
SUBRECIPIENT shall reimburse GRANTEE for all reasonable expenses and costs of collection and enforcement, including reasonable attorney's fees, incurred by GRANTEE as a result of one or more Events of Default by SUBRECIPIENT under this Agreement.
30. GOVERNING LAW AND VENUE
Except to the extent preempted by applicable federal law, the laws of the State of California shall govern all aspects of this Agreement, including execution, interpretation, performance, and enforcement. Venue for filing any action to enforce or interpret this Agreement will be Fresno County, California.
31. HEADINGS
The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.
32. INTERPRETATION
This Agreement in its final form is the result of the combined efforts of the parties. Any ambiguity will not be construed in favor or against any party, but rather by construing the terms in accordance with their generally accepted meaning.
33. NO THIRD PARTY BENEFICIARY
The rights, interests, duties and obligations defined within this Agreement are intended for the specific parties hereto as identified in the preamble of this Agreement. Notwithstanding anything stated to the contrary in this Agreement, it is not intended that any rights or interests in this Agreement benefit or flow to the interest of any third parties other than expressly identified herein. No subcontractor, mechanic, materialman, laborer, vendor, or other person hired or retained by SUBRECIPIENT shall have any rights hereunder and shall look to SUBRECIPIENT as their sole source of recovery if not paid. No third party may enter any claim or bring any such action against GRANTEE under any circumstances. Except as provided by law, or as otherwise agreed to in writing between GRANTEE and such person, each such person shall be deemed to have waived in writing all right to seek redress from GRANTEE under any circumstances whatsoever. SUBRECIPIENT shall include this paragraph in all contracts/subcontracts. 99 34. NO WAIVER
Neither failure nor delay on the part of the GRANTEE in exercising any right under this Agreement shall operate as a waiver of such right, nor shall any single or partial exercise of any such right preclude any further exercise thereof or the exercise of any other right. No waiver of any provision of this Agreement or consent to any departure by the SUBRECIPIENT therefrom shall be effective unless the same shall be in writing, signed on behalf of the GRANTEE by a duly authorized officer thereof, and the same shall be effective only in the specific instance for which it is given. No notice to or demand on the SUBRECIPIENT in any case shall entitle the SUBRECIPIENT to any other or further notices or demands in similar or other circumstances, or constitute a waiver of any of the GRANTEE's right to take other or further action in any circumstances without notice or demand.
35. NON -RELIANCE
SUBRECIPIENT hereby acknowledges having obtained such independent legal or other advice as it has deemed necessary and declares that in no manner has it relied on GRANTEE, it agents, employees or attorneys in entering into this Agreement.
36. PRECEDENCE OF DOCUMENTS
In the event of any conflict between the body of this Agreement and any exhibit or attachment hereto, the terms and conditions of the body of this Agreement will control.
37. SEVERABILITY
If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.
[SIGNATURE PAGE TO FOLLOW]
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IN WITNESS WHEREOF, the parties have executed this Agreement at California, the day and year first above written.
GRANTEE:
Name: Tim Chapa
Title: City Manager
SUBRECIPIENT:
Name: Thomas J. Collishaw
Fresiden
Title:
Attachments:
EXHIBIT A: SCOPE OF WORK
EXHIBIT B: PROPOSED BUDGET
EXHIBIT C: INSURANCE REQUIRMENTS
EXHIBIT D: CONFLICT OF INTEREST
EXHIBIT E: CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS
UNDER FEDERAL AWARDS
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EXHIBIT A
SCOPE OF WORK
Matrix Code: 14A Rehab: Single-Unit Residential
National Objective: LMH
CDBG Eligibility: 24 CFR 570.202
Project Description:
Self-Help Enterprises will offer housing rehabilitation, and homebuyer assistance programs:
1) Housing Rehabilitation Program for owner occupied income eligible households citywide that provides for the repair of multiple household systems that threaten a household's health, general well-being or safety and/or subjects the households to live without basic plumbing, electrical, heating, cooling or security.
2) Housing Rehabilitation Program for owner investors citywide that provides for the repair of multiple household systems that threaten a household's health, general well-being or safety and/or subjects the households to live without basic plumbing, electrical, heating, cooling or security.
3) Homebuyer Assistance Program for income eligible homebuyers citywide that provides down payment, closing cost and
Records to Be Maintained
The subrecipient shall maintain records including, but not limited to:
Basic Activity Information
The SUBRECIPIENT shall maintain a project file that contains a full description of each activity assisted with CDBG and/or HOME funds, including its location, the amount of CDBG and/or HOME funds budgeted, obligated and expended for the activity, and the eligibility and national objective under which it is eligible.
Data on the extent to which each racial and ethnic group and have applied for, participated in, or benefited from, any program or activity funded in whole or in part with CDBG and/or HOME funds. Such information shall be used only as a basis for further investigation as to compliance with nondiscrimination requirements. No recipient is required to attain or maintain any particular statistical measure by race, ethnicity, or gender in covered programs. 102
Financial Management Records
The SUBRECIPIENT shall maintain financial records in accordance with the applicable requirements listed in Sec. 570.502, including source documentation.
The project file must document how the CDBG and/or HOME funds are expended. Such documentation must include, to the extent applicable:
Invoices with supporting documentation
Evidence that adequate procurement practices were in place and followed Schedules containing comparisons of budgeted amounts and actual expenditures, Construction progress schedules signed by appropriate parties (e.g., general contractor and/or a project architect), if applicable
• Other documentation appropriate to the nature of the activity National Objective Compliance - Low Mod Housing Activities (LMH) - Owner The SUBRECIPIENT shall maintain records for each owner-occupied unit, including:
• The total cost of the activity, including both CDBG/HOME and non-CDBG/HOME funds.
• a determination of beneficiary's household size and estimated annual income (as defined under the 24 CFR 5.609) completed and signed by the SUBRECIPIENT supported by documentation such as pay stubs and other accepted forms of income verification.
SUBRECIPIENT shall ensure the CDBG and/or HOME grant funds provided by GRANTEE are clearly identified as a subaward and include the following information:
• SUBRECIPIENT NAME: Self-Help Enterprises
• Subrecipient ID (DUNS): 056179906
• State Award Identification Number: B-18-MC-06-0001
• State Award Date: 09/12/2018
• Period of Performance: July 26, 2018 - July 25, 2019
• Funds Obligated by this Agreement: CDBG and/or HOME
• Total Funds Obligated to SUBRECIPIENT: $500,000
• Total Amount of the Award: $6,904,510
• Award project description: See Exhibit A - Scope of Work • Name of awarding agency: CA Dept. of Housing and Community Development • Name of pass-through entity: City/County of , California • Award Official Contact Information: See Section 18 - Notices 103
• CFDA Number: 14.218
• CFDA Name: Community Development Block Grant/HOME Investment Partnership Program
• Identification of R&D: No
• Indirect cost rate for the Federal award: 10%
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EXHIBIT B
PROPOSED BUDGET
# Line Item Approved Budget
1 General Administration $12,500
2 Home Buyers Assistance
$243,750 including 6.5% Activity
& Delivery. Total $15,844
3 Rehabilitation
$243,750 including 24% Activity &
Delivery. Total $58,500
TOTAL ACTIVITY & DELIVERY COST: $86,844
Activity & Delivery Cost include closing cost, inspections for lead based paint, asbestos, building code compliance, utility coordination, construction monitoring, contract prep and RFP's etc.
All Activity & Delivery cost are required and determined by the State.
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EXHIBIT C
INSURANCE REQUIREMENTS
Agreement between City of Sanger ("CITY") and Self-Help Enterprises ("SUBRECIPIENT")
HOME REPAIR PROGRAMS
MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. The most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01, providing liability coverage arising out of your business operations. The Commercial General Liability policy shall be written on an occurrence form and shall provide coverage for "bodily injury, " "property damage" and "personal and advertising injury" with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Agreement) with limits of liability not less than those set forth under "Minimum Limits of Insurance."
2. The most current version of ISO *Commercial Auto Coverage Form CA 00 01, providing liability coverage arising out of the ownership, maintenance or use of automobiles in the course of your business operations. The Automobile Policy shall be written on an occurrence form and shall provide coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1- Any Auto). If personal automobile coverage is used, the CITY, its officers, officials, employees, agents, and volunteers are to be listed as additional insureds.
3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
4. Professional Liability (Errors and Omissions) that includes Cyber Liability (Privacy and Data breach) insurance appropriate to SUBRECIPIENT profession.
MINIMUM LIMITS OF INSURANCE
SUBRECIPIENT, or any party the SUBRECIPIENT subcontracts with, shall maintain limits of liability of not less than those set forth below. However, insurance limits available to CITY, its officers, officials, employees, agents, and volunteers as additional insureds, shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to the named insured:
1. COMMERCIAL GENERAL LIABILITY:
(i) $1,000,000 per occurrence for bodily injury and property damage; 106
(ii) $1,000,000 per occurrence for personal and advertising injury; (iii) $2,000,000 aggregate for products and completed operations; and, (iv) $2,000,000 general aggregate applying separately to the work performed under the Agreement.
2. COMMERCIAL AUTOMOBILE LIABILITY:
$1,000,000 per accident for bodily injury and property damage.
3. WORKERS' COMPENSATION INSURANCE as required by the State of California with statutory limits.
4. EMPLOYER'S LIABILITY:
(i) $1,000,000 each accident for bodily injury;
(ii) $1,000,000 disease each employee; and,
(iii) $1,000,000 disease policy limit.
5. PROFESSIONAL LIABILITY (Errors and Omissions) & (Privacy & Data breach coverage):
(i)
(ii)
$1,000,000 per claim/occurrence; and,
$2,000,000 policy aggregate.
UMBRELLA OR EXCESS INSURANCE
In the event SUBRECIPIENT purchases an Umbrella or Excess insurance policy(ies) to meet the "Minimum Limits of Insurance," this insurance policy(ies) shall "follow form" and afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non-contributory basis for the benefit of the CITY, its officers, officials, employees, agents, and volunteers.
DEDUCTIBLES AND SELF-INSURED RETENTIONS
SUBRECIPIENT shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and SUBRECIPIENT shall also be responsible for payment of any self-insured retentions. Any deductibles or self- insured retentions must be declared to on the Certificate of Insurance, and approved by, the CITY Risk Manager or designee. At the option of the CITY Risk Manager or designee, either:
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(i) The insurer shall reduce or eliminate such deductibles or self-insured retentions as respects CITY, its officers, officials, employees, agents, and volunteers; or (ii) SUBRECIPIENT shall provide a financial guarantee, satisfactory to CITY Risk Manager or designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall CITY be responsible for the payment of any deductibles or self-insured retentions.
OTHER INSURANCE PROVISIONS/ENDORSEMENTS
The General Liability and Automobile Liability insurance policies are to contain, or be endorsed to contain, the following provisions:
1. CITY, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds. SUBRECIPIENT shall establish additional insured status for the City and for all ongoing and completed operations by use of ISO Form CG 20 10 11 85 or both CG 20 10 10 01 and CG 20 37 10 01 or by an executed manuscript insurance company endorsement providing additional insured status as broad as that contained in ISO Form CG 20 10 11 85.
2. The coverage shall contain no special limitations on the scope of protection afforded to CITY, its officers, officials, employees, agents, and volunteers. Any available insurance proceeds in excess of the specified minimum limits and coverage shall be available to the Additional Insured.
3. For any claims relating to this Agreement, SUBRECIPIENT's insurance coverage shall be primary insurance with respect to the CITY, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees, agents, and volunteers shall be excess of SUBRECIPIENT's insurance and shall not contribute with it. SUBRECIPIENT shall establish primary and non-contributory status by using ISO Form CG 20 01 04 13 or by an executed manuscript insurance company endorsement that provides primary and non-contributory status as broad as that contained in ISO Form CG 20 010413.
The Workers' Compensation insurance policy is to contain, or be endorsed to contain, the following provision: SUBRECIPIENT and its insurer shall waive any right of subrogation against CITY, its officers, officials, employees, agents, and volunteers.
If the Professional Liability (Errors and Omissions) with Cyber Liability insurance policy is written on a claims-made form:
1. The retroactive date must be shown, and must be before the effective date of the Agreement or the commencement of work by SUBRECIPIENT.
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2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement work or termination of the Agreement, whichever occurs first, or, in the alternative, the policy shall be endorsed to provide not less than a five (5) year discovery period.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of the Agreement or the commencement of work by SUBRECIPIENT, SUBRECIPIENT must purchase "extended reporting" coverage for a minimum of five (5) years completion of the Agreement work or termination of the Agreement, whichever occurs first.
4. A copy of the claims reporting requirements must be submitted to CITY for review.
5. These requirements shall survive expiration or termination of the Agreement.
All policies of insurance required herein shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after thirty (30) calendar days written notice by certified mail, return receipt requested, has been given to CITY.
SUBRECIPIENT is also responsible for providing written notice to the CITY under the same terms and conditions. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non- renewal, or reduction in coverage or in limits, SUBRECIPIENT shall furnish CITYwith a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for CITY, SUBRECIPIENT shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than fifteen (15) calendar days prior to the expiration date of the expiring policy.
Should any of the required policies provide that the defense costs are paid within the Limits of Liability, thereby reducing the available limits by any defense costs, then the requirement for the Limits of Liability of these polices will be twice the above stated limits.
The fact that insurance is obtained by SUBRECIPIENT shall not be deemed to release or diminish the liability of SUBRECIPIENT, including, without limitation, liability under the indemnity provisions of this Agreement. The policy limits do not act as a limitation upon the amount of indemnification to be provided by SUBRECIPIENT. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of SUBRECIPIENT, its principals, officers, agents, employees, persons under the supervision of SUBRECIPIENT, vendors, suppliers, invitees, consultant, sub-consultant, subcontractors, or anyone employed directly or indirectly by any of them.
SUBCONTRACTORS - If SUBRECIPIENT subcontracts any or all of the services to be performed under this Agreement, SUBRECIPIENT shall require, at the discretion of the CITY Risk Manager or designee, subcontractor(s) to enter into a separate Side Agreement with the City/County to provide required indemnification and insurance protection. Any required Side 109
Agreement(s) and associated insurance documents for the subcontractor must be reviewed and preapproved by CITY Risk Manager or designee. If no Side Agreement is required, SUBRECIPIENT will be solely responsible for ensuring that its subcontractors maintain insurance coverage at levels no less than those required by applicable law and is customary in the relevant industry.
VERIFICATION OF COVERAGE
SUBRECIPIENT shall furnish CITY with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the CITY Risk Manager or his/her designee prior to CITY execution of the Agreement and before work commences. All non-ISO endorsements amending policy coverage shall be executed by a licensed and authorized agent or broker. Upon request of CITY, SUBRECIPIENT shall immediately furnish City/County with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement.
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EXHIBIT D
CONFLICT OF INTEREST
YES* NO
I Are you currently in litigation with the City of Sanger or any of its agents?
2 Do you represent any firm. organization or person who is in litigation with the City of Sanger? ri
3 Do you currently represent or perform work for any clients who do business with the City of Sanger? L1
4 Are you or any of your principals, managers or professionals, owners or investors in a business which does business with the City of Sanger, or in a business which is in litigation with the City of Sanger?
El
5 Are you or any of your principals, managers or professionals, related by blood or marriage to any City of Sanger employee who has any significant role in the subject matter of this service? LI 6 Do you or any of your subcontractors have, or expect to have, any interest, direct or indirect, in any other contract in connection with this Project? r 1 '1'8.:
* If the answer to any question is yes, please explain in full below.
Explanation:
Date:
Thomas J. Collishaw President/CEO
Self-Help Enterprises
8445 W Elowin Ct
Visalia, CA 93290
Additional page(s) attached.
111
EXHIBIT E
CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER
FEDERAL AWARDS
In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non-Federal entity under the Federal award must contain provisions covering the following, as applicable.
(A) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. (B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement.
(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-
1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor."
(D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor 112
regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. (E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours.
Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous.
These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements, " and any implementing regulations issued by the awarding agency. (G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended- Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non- Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
(H) Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6201).
113
(I) Debarment and Suspension (Executive Orders 12549 and 12689)- A contract award (see 2 CFR 180.220) must not be made to parties listed on the government-wide Excluded Parties List System in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1986 Comp., p. 189) and 12689 (3 CFR Part 1989 Comp., p. 235), "Debarment and Suspension." The Excluded Parties List System in SAM contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
(J) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)-Contractors that apply or bid for an award of $100,000 or more must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.
(K) See §200.322 Procurement of recovered materials.
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SELF HELP ENTERPRISES
P.O. Box 6520
Visalia, CA. 93290
(559) 802-1605 — Phone
(559) 651-3634 — Fax
AndreaS(&,SelfHelpEnterprises.org
CERTIFICATE REQUEST
DATE: 02/02/2021
Certificate Holder:
Cert Holder's Address:
Project Reference/Job:
INTEREST to "SHE":
(EE — Funding Source, Mortgagee, Municipality... etc.)
Single Family -OR- Multi Family
Construction/Developing Ops -OR-
Consulting Services
Special Instructions:
Other Additional Insureds:
TO:
Attn:
4-'111/1"4-D leg 0 2 20
DiBuduo & DeFendis
Debbie Linville
*Attach Cert. Requirements including special wording*
City of Sanger
Attention: Tom Navarro, Community
Development Director
1700 7th Street
Sanger, CA 93657
Grant Administration and Implementation — CDBG,
HOME, CalHome
Funding Source
N/A
N/A
X Name cert. holder as additional insured
x
2 Requested Method of Delivery: 3
30 day notice of cancellation
Additional Proof of Coverage - Professional
Liability, Umbrella Excess
DiBuduo & DeFendis Insurance
(559) 432-0222 Phone -or- (559) 437-6678 Debbie's Direct Phone (559) 435-5297 Fax-or- (559) 437-6679 Debbie's Direct Fax E-mail Address: [email protected]
115
IN THE BUSINESS OF YOUR SUCCESS"
Request for Workers' Compensation
Certificate of Insurance or Declaration Page
Enter your company information on the top of the page and select the document(s) that you are requesting.
Once complete, click the submit button on the bottom of the page to generate an e-mail to AON.
This form can also be saved and e-mailed directly to AON at [email protected] E-MAILED FEB 0 2 2021
If multiple Certificates of Insurance are needed (multiple Certificate Holders), please use this request form Client Information:
*Denotes a Required
*Name
Field *ADP Client ID C9L
Client ContactInformation:
*Date 02/02/2021
Self-Help Enterprises
*First Name Andrea
PO Box 6520*Address
*Last Name Sherrill
*City Visalia *StateCA *Zip Code 93290
*Phone Number +1 (559) 802-1605*Country United States
*Email Address andreas@selfhelpenterprises.
Fax Number*Document(s)Requested Certificate of Insurance (C01) Optional: Enter the name, address, and contact information for any certificate holder/business entity that needs to be added to the certificate of insurance.
Certificate
Name
Address
City
Country
Holder Information: Coverage: Workers'
Attention
Fax Number
Compensation / Limits: Statutory
City of Sanger Tom Navarro, Community Develoie
1700 7th Street
State Zip CodeSanger CA 93657
United States
Description / Reference
Remarks or Other
Instructions
Grant Administration and Implementation for CDBG, HOME, CalHome Funding Sources Additional insureds cannot be added to your workers' compensation certificate of insurance Submit to AON
Please call or email AON with any questions at: 1-800-743-8130 or [email protected] Request form may also be faxed to AON at 1-800-522-7514 or e-mailed to the address above 116
Contract / Grant Agreement Route Slip
Original submitted by: Susan Long Date: 1/30/2021
Fund Name:
Contract
File folder/label information
Agreement Program(s):
with: NH-MFH-CD-Ptr Prog-Land-Other City of Sanger n i n 0 • • Funding Agency:
HOME Program
Contract Start Date: 12/17/2020 End Date: 12/17/2023 Contract No.:
RSANI9HM $500,000Budget:
Purpose: Grant administration and Implementation of OOR and HB Is this an
Federal
I ' •
amendment? Yes❑ No 1 Is this a standard SHE Contract Form? Yes❑No I Nol Funds? Yes,/ No❑ Is this a Tulare County contract? Yes❑ e..-IDi2i-k- ILI 7N If so, mark signature page for two signatures.
Date:
1/30/21 Dept. Director - Approved for signature YO N• Note:
1 Specify location on H drive for shortcut to doc:
)11 ndrea Sherrill Review - Approved for signature N• Note:
Insurance enants IN porting Requirements
Kathy Review - Approved for signature YON Note:
de 1 Tom - Reviewed and Signed
be. Z LI 2 Sarai create PDF 0/.6'
5ai/
4 -ail/ -d •-mail/Agency will pickup/fax/
and deliver signed contract to Agency
NZA -2k Sarai: send copy of Contract and route slip to Program:_ Attn: Susan L.
Sarai: date to follow-up on agency signature (2 weeks after mailing) Additional
This is
Directions/Comments:
a Subrecipient Agreement and will require its own fund.
Please return one signed original per attached letter
117
For the Meeting of:January 4,2024
Agenda Item No.:
CrrYoF SINGER
RE,PORT TO THE CITY COUNCIL
H-l
To:
X'rom:
Subject:
Mayor and Council Members
Corina Tzmez, Executive Assistant to the City Manager
Authorization for Out of State Travel
CONFLICT OF INTEREST:
None known.
RECOMMENDATION:
That the City Council authorize Out of State travel for Mayor Gonzalezto attend the Fresno COG One Voice D.C. trip from March 16-22,2024.
EXECUTIVE SUMMARY:
The Annual Fresno COG One Voice trip to Washington D.C. for elected officials, business leaders and staff, provides an opportunity for the delegation of 17 public and private representatives to expand upon relationships with Congressional representatives and federal staff members established during previous efforts. The delegation will request legislative support from federal representatives for priorities chosen for their regional significance and their ability to bring economic prosperity to Fresno County while improving transportation choices and infrastructure.
BACKGROUND:
S.ince 2003, Fresno COG's One Voice efforts have secured millions of dollars in federal appropriations, as well as needed policy changes for Fresno County. By advocating for policy and regulatory reform, Fresno COG One Voice has been responsible for legislation that today streamlines the way federal and state agencies work together. The program continues to help eliminate unnecessary procedures so that government agencies and the business community can work together seamlessly toward job creation for our communities.
Preoared bv: Corina Tamez Apptoved by:
REVIEW: City Manager: _ Finance: Ciw Attornev:
TYPE OF ITEM:
X
x
Consent
Info Item
Action Item
Depaftment Report
Redevelopment Agency
COUNCIL ACTION: APPROVED DENIED NO ACTION
Public Headng
Matter Initiated by a Council Member
Other
Continued to:
118
REASON FOR RECOMMENDATION:
Fresno COG's "One Voice" unites Fresno County communities and regional interests in a voluntary and collaborative effort to seek federal and state funds annually for projects ofregional signihcance that contribute significantly to an improved quality of life throughout Fresno County.
FISCAL IMPACT:
The total estimated fiscal impact related to this travel is $4,200 which covers the expense of food, lodging and travel. Options to fund this cost: utilizing trnused portions of remaining Council travel funds, Fund Balance, or a portion of the $800k.
ALTERNATIVES:
The Mayor not attend Fresno COG's One Voice trip.
ACTIONS iIOLLOWING APPROVAL:
Confirmation of travel arrangements and accommodations. \\nas l\shared\Forms & Templates
119