Clovis City Council
August 5, 2024

August 05, 2024 - 1 - 11:07 AM A G E N D A • C I T Y C O U N C I L M E E T I N G

August 5, 2024 6:00 PM Council Chamber

In compliance with the Americans with Disabilities Act, if you need special assistance to access the City Council Chamber to participate at this meeting, please contact the City Clerk or General Services Director at (559) 324 -2060 (TTY – 711). Notificatio n 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the Council Chamber.

The Clovis City Council meetings are open to the public at the physical address listed above. There are numerous ways to participate in the City Council meetings: you are able to attend in person; you may submit written comments as described below; and you may view the meeting which is webcast and accessed at www.cityofclovis.com/agendas.

Written Comments

 Members of the public are encouraged to submit written comments at:
www.cityofclovis.com/agendas at least two (2) hours before the meeting (4:00 p.m.). You will be prompted to provide:

 Council Meeting Date
 Item Number
 Name
 Email
 Comment

 Please submit a separate form for each item you are commenting on.

 A copy of your written comment will be provided to the City Council noting the item number.

If you wish to make a verbal comment, please see instructions below.

 Please be aware that any written comments received that do not specify a particular agenda item will be marked for the general public comment portion of the agenda.

 If a written comment is received after 4:00 p.m. on the day of the meeting, efforts will be made to provide the comment to the City Council during the meeting. However, staff cannot guarantee that written comments received after 4:00 p.m. will be provided to City Council during the meeting. All written comments received prior to the end of the meeting will be made part of the record of proceedings.

Council Chamber, 1033 Fifth Street, Clovis, CA 93612 (559) 324-2060 www.cityofclovis.com
1 August 05, 2024 - 2 - 11:07 AM CAMPAIGN CONTRIBUTION PROHIBITIONS AND MANDATORY DISCLOSURE - Pursuant to Government Code section 84308, a Councilmember shall not accept, solicit, or direct a campaign contribution of more than $250 from any party or their agent, or from any participant or their agent, while a proceeding involving a license, permit, contract, or other entitlement for use is pending before the City or for 12 months after a final decision is rendered in that proceeding. Any Councilmember who has received a campaign contribution of more than $250 within the preceding 12 months from a party or their agent, or from a participant or their agent, must disclose that fact on the record of the proceeding and shall not make, participate in making, or in any way attempt to use their official position to influence the decision.

Pursuant to Government Code section 84308(e), any party to a covered proceeding before the City Council is required to disclose on the record of the proceeding any campaign contribution, including aggregated contributions, of more than $250 made within the preceding 12 mon ths by the party or their agent to any Councilmember. The disclosure shall be made as required by Government Code Section 84308(e)(1) and 2 CCR Section 18438.8. No party or their agent, and no participant or their agent, shall make a campaign contribution of more than $250 to any Councilmember during the covered proceeding or for 12 months after a final decision is made in that proceeding. The foregoing statements do not constitute legal advice, and parties and participants are urged to consult with their own legal counsel regarding the applicable requirements of the law.

CALL TO ORDER

FLAG SALUTE - Councilmember Bessinger

ROLL CALL

PUBLIC COMMENTS - This is an opportunity for the members of the public to address the City Council on any matter within the City Council’s jurisdiction that is not listed on the Agenda. In order for everyone to be heard, please limit your comments to 3 minutes or less, or 10 minutes per topic. Anyone wishing to be placed on the Agenda for a specific topic should contact th e City Manager’s office and submit correspondence at least 10 days before the desired date of appearance.

CONSENT CALENDAR - Items considered routine in nature are to be placed upon the Consent Calendar. They will all be considered and voted upon in one vote as one item unless a Councilmember requests individual consideration. A Councilmember’s vote in favor of the Consent Calendar is considered and recorded as a separate affirmative vote in favor of each action listed. Motions in favor of adoption of t he Consent Calendar are deemed to include a motion to waive the reading of any ordinance or resolution on the Consent Calendar. For adoption of ordinances, only those that have received a unanimous vote upon introduction are considered Consent items.

1. Administration - Approval - Minutes from the July 1, 2024, Council Meeting.

2. Administration - Receive and File – Business Organization of Old Town (BOOT) Fourth Quarter Report, April through June 2024.

3. Administration - Approval – Adoption of the City of Clovis Affordable Housing Trust Fund Program Guidelines.

4. Administration - Approval - Community Development Block Grant (CDBG) Subrecipient Agreement with Marjaree Mason Center for $51,061 in 2024-2025 CDBG funds; and Authorize the City Manager to execute a CDBG Agreement, and any amendments thereto, for the provision of services to domestic violence survivors. 2 August 05, 2024 - 3 - 11:07 AM

5. Administration – Receive and File – Economic Development Corporation Serving Fresno County Quarterly Report, April to June 2024.

6. Administration - Approval – Request from Central Valley Fallen Heroes for closure of portions of Pontiac Way and Never Forget Lane, adjacent to the California 911 Memorial to hold the annual Fallen Heroes Car Show on October 5, 2024.

7. Finance - Approval - Res. 24-___, Measure C Extension Local Transportation Pass Through Revenues Certification and Claim Forms for 2024-25.

8. General Services – Approval – Approve the first amendment to the Environment Control Agreement for janitorial services; and Authorize the City Manager to execute the First Amendment Agreement contract extension with Environment Control for services for total annual proposed charges of $566,376.00, and additional annual charges for special services of $35,352.00.

9. General Services – Approval – Res. 24-___, Authorizing the City Manager to Execute an Agreement for FY 2024-2025 Older Americans Act Funding for Title III C-1 Nutrition Services through the Fresno-Madera Area Agency on Aging (FMAAA); and Approval - Res. 24-___, Amending the FY 2024 -2025 General Services Department Budget to Reflect $48,000.00 in Grant Funding for the Clovis Senior Activity Center Awarded by the Fresno-Madera Area Agency on Aging.

10. General Services – Approval - Waive the City’s Usual Purchasing Procedures and Authorize the Purchase of Furniture for Public Safety Headquarters from Core Business Interiors Utilizing Pricing from a Competitive Bid Award Through the County of Fresno, for a total cost of $99,998.50.

11. General Services – Approval - Waive the City’s Usual Purchasing Procedures and Authorize the Purchase of Furniture for Personnel Offices, located at 1625 Shaw Avenue, from Core Business Interiors Utilizing Pricing from a Competitive Bid Award Through the County of Fresno, for a total cost of $124,730.97.

12. Planning and Development Services – Approval – Final Acceptance for CIP 22-05 Trail Pavement Maintenance 2022, with a final contract cost of $147,049.76.

13. Planning and Development Services – Approval – Final Acceptance for CIP 24-04 ADA Curb Return Ramps 2024 – T3 with a final contract cost of $237,099.11.

14. Planning and Development Services Department – Approval – Res. 24-___, A request to authorize the City Manager to execute a second amendment to a previously executed consultant agreement between the City of Clovis and Ascent Environmental, Inc., in the amount of $72,420.00 for the preparation of the Housing Element update and related services.

PUBLIC HEARINGS - A public hearing is an open consideration within a regular or special meeting of the City Council, for which special notice has been given and may be required. When a public hearing is continued, noticing of the adjourned item is required as per Government Code 54955.1.

15. Consider Approval of various actions related to a proposed general tax ballot measure for the November 5, 2024, Municipal Election:

a. Consider Approval - Res. 24-___, Calling for and giving notice of the holding of a Special Municipal Election to be consolidated with the regularly scheduled General Municipal Election to be held on November 5, 2024, to present to voters a measure to increase the sales and use tax in the City of Clovis by one percent (1.0%) as required by the provisions of the laws of the State of California relating to General Law Cities; requesting consolidation thereof with the statewide general election to be held on the same date; requesting that the Fresno County Board of Supervisors authorize the 3 August 05, 2024 - 4 - 11:07 AM Fresno County Clerk/Registrar of Voters to render specified services to the City of Clovis relating to the conduct of the Special Municipal Election; and approving the proposed ballot measure description; and

b. Consider Introduction - Ord. 24-___, An Ordinance of the City Council of the City of Clovis Adding Section 3.3.312 to Article 3 of Chapter 3.3 of Title 3 of the Clovis Municipal Code Pertaining to the Imposition of a Transactions (Sales) and Use Tax; and

c. Consider Introduction - Ord. 24-___, (Uncodified) – An Ordinance of the City Council of the City of Clovis Imposing a Transactions (Sales) and Use Tax to be Administered by the California Department of Tax and Fee Administration.

Staff: John Holt, City Manager
Recommendation: Approve

ADMINISTRATIVE ITEMS - Administrative Items are matters on the regular City Council Agenda other than Public Hearings.

16. Receive and File – Update on Additional Stakeholder Meetings Relating to Development Impact Fees for Fiscal Year 2024-2025.

Staff: Thad Avery, City Engineer / Paul Armendariz, Deputy Public Utilities Director Recommendation: Receive and File

17. Consider Approval - Res. 24-____, Amending the 2024-25 City Attorney budget for the General Fund in the amount of $1,765,588 for litigation settlement costs with funding from the Emergency Reserve and the Planning and Development Services Fund.

Staff: Andrew Haussler, Assistant City Manager
Recommendation: Approve

COUNCIL ITEMS

18. Consider Approval – A Request to Submit a Letter of Opposition regarding Senate Bill 7 (Blakespear), The Homeless Housing Obligation Act .

Staff: John Holt, City Manager
Recommendation: Approve

CITY MANAGER COMMENTS

COUNCIL COMMENTS

CLOSED SESSION - A “closed door” (not public) City Council meeting, allowed by State law, for consideration of pending legal matters and certain matters related to personnel and real estate transactions.

19. Government Code Section 54957

PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT
Title: City Manager
4 August 05, 2024 - 5 - 11:07 AM

RECONVENE INTO OPEN SESSION AND REPORT FROM CLOSED SESSION

ADJOURNMENT

FUTURE MEETINGS

Regular City Council Meetings are held at 6:00 P.M. in the Council Chamber. The following are future meeting dates:

August 12, 2024 (Mon.)
August 19, 2024 (Mon.)
Sept. 3, 2024 (Tue.)
Sept. 9, 2024 (Mon.)
Sept. 16, 2024 (Mon.)

5 PRELIMINARY - SUBJECT TO APPROVAL

CLOVIS CITY COUNCIL MEETING

July 1, 2024 6:00 P.M. Council Chamber

Meeting called to order by Mayor Ashbeck at 6:01
Flag Salute led by Councilmember Basgall

Roll Call: Present: Councilmembers, Basgall, Bessinger, Mouanoutoua, Pearce Mayor Ashbeck

PRESENTATION – 6:06

6:06 – ITEM 1 - UPDATE ON THE ALISA ANN RUCH BURN FOUNDA TION CHAMP CAMP

SUPPORT FROM THE CLO VIS FIRE DEPARTMENT AND THE ANNUAL COPS AND

KIDS SPORTS CAMP SPO NSORED BY THE CLOVIS POLICE DEPARTMENT A ND RECREATION.

PUBLIC COMMENTS – 6:22

Written public comment received from John Edwards and George Beal.

Mayor Ashbeck acknowledged and honored the recent passing of Mine Ikeda, a centenarian from the City of Clovis.

Roopam Aroza, resident, invited the Council to the Teeyan Festival on July 14, 2024.

Brent Berdine, resident, invited the Council to the Veterans Game Fest starting July 12, 2024.

Jenny Kran, a resident, discussed the landscape crew blocking the sidewalk, causing pedestrians to navigate a dangerous embankment.

Mayor Ashbeck removed herself from the public comment regarding the congregate health care facility due to a potential conflict of interest.

Tom Judd, resident, spoke in opposition to a proposed construction of a congregate health care facility within his neighborhood, and requested an item be placed on a future Council agenda to address concerns about the facility's size, parking, safety, and its impact on the neighborhood before construction begins.

Steven Henry, resident, spoke in opposit ion to the construction of the congregate health care facility’s size and its lack of integration with the surrounding homes and requested an item be placed on a future Council agenda to ensure the facility blends better into the community.

Motion by Councilmember Pearce, seconded by Councilmember Basgall to appeal the planning commission’s approval of a proposed congregate health care facility for properties located at 2901 and 2939 Armstrong Avenue and direct staff to place the appeal public hearing on the matter on 6 AGENDA ITEM NO. 1.

PRELIMINARY - SUBJECT TO APPROVAL

a future City Council agenda, bypassing the standard appeal fee process after acknowledging significant neighborhood interest. Motion carried 4-0-0-1 with Mayor Ashbeck recusing.

CONSENT CALENDAR – 6:51

UPON CALL, THERE WAS NO PUBLIC COMMENT.

Motion by Councilmember Basgall, seconded by Councilmember Pearce, that items 2-9 and 12 on the Consent Calendar be approved. Motion carried by unanimous vote.

2. Administration - Approved - Minutes from the June 17, 2024, Council Meeting.

3. Administration - Approved – Authorize the City Manager to enter into an agreement with the Jamison Family Community Property Trust for the lease of 1625 Shaw Ave., Suites 101 & 103, for approximately $205,000 per year.

4. Administration - Approved – Waive Normal Purchasing Process and approve the purchase of replacement desktop computers and servers using competitively bid contracts with purchasing provisions for California State and Local government agencies.

5. Administration - Approved - Authorize the renewal of the next generation antivirus software subscription from the Center for Internet Security (CIS) in the amount of $72,105.00 per year for three years.

6. Administration – Approved – Authorize the Mayor to enter into a non -binding agreement, adding Clovis to a list of regional partners seeking to attract companies and jobs associated with the semiconductor industry.

7. General Services – Approved – Res. 24-77, Approving a Side Letter Agreement wi th the Transit Employees Bargaining Unit (TEBU) to Include Part -Time/Extra-Help Bus Drivers and Part-Time/Extra-Help Van Drivers; and Authorizing the City Manager to Execute the Agreement.

8. General Services – Approved - Reallocation of Capital Improvemen t Program Funds for Senior Center Tenant Improvements.

9. General Services – Approved - Claim Rejection of the General Liability Claim on behalf of Natilidawn Gonzales.

12. Public Utilities – Approved – Waive Formal Bidding Procedures and Authorize the Ci ty Manager to Execute a Contract with HF&H Consultants, LLC to Assist in the Preparation and Evaluation of a Request for Proposals for Recycling and Organics Collection Services for the Base amount of $59,980.

ITEMS PULLED FROM CONSENT CALENDAR

6:52 ITEM 10 - PLANNING AND DEVELOPMENT SERVICES – APPROVED – FINAL ACCEPTANCE FOR CIP 24-03 ADA CURB RETURN RAMPS 2024 – T2.

Motion for approval by Councilmember Basgall, seconded by Councilmember Mouanoutoua. Motion carried 4-0-0-1 with Councilmember Bessinger abstaining.

6:52 ITEM 11 - PLANNING AND DEVELOPMENT SERVICES – APPROVED – FINAL ACCEPTANCE FOR TRACT 6245, LOCATED AT THE NORTHEAST CORNER OF ASHLAN AND LOCAN AVENUES (WILSON PREMIER HOMES).
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PRELIMINARY - SUBJECT TO APPROVAL

Motion for approval by Councilmember Basgall, seconded by Councilmember Bessinger.

Motion carried 4-0-0-1 with Councilmember Mouanoutoua abstaining.

COUNCIL ITEMS – 6:53

6:53 – ITEM 13 - APPROVED - CITY OF CLOVIS YOUTH COMMISSION BYLAWS.

Upon call, there was no public comment.

Motion for approval by Councilmember Basgall, seconded by Councilmember Bessinger.

Motion carried by unanimous vote.

7:12 – ITEM 14 - CONSIDERED – UPDATE AND RECOMMENDATIONS FROM THE HISTORIC PRESERVATION COMMITTEE.

Upon call, there was no public comment.

Motion by Councilmember Basgall, seconded by Councilmember Mouanoutoua to approve the recommendations from the Historic Preservation Committee and direct staff to come back with a draft ordinance for the Council to consider. Motion carried by unanimous vote.

ADMINISTRATIVE ITEMS – 7:48

7:48 ITEM 15 - RECEIVED AND FILED - SUMMARY OF ADDITION AL STAKEHOLDER MEETINGS RELATING TO DEVELOPMENT IMPACT FEES FOR FISCAL YEAR 2024- 2025.

Darius Assemi, Granville Homes Developer, spoke in opposition to the current fee structure and methodology and requested an additional 60 -day extension to better understand and address the complex issues.

Ryan Toncheff, Granville Homes CEO, spoke regarding the interest rate applied to the development impact fees and requested a 60-day extension to allow for further analysis.

Sayre Miller, resident, discussed how the impact fees are managed and allocated over time, especially concerning future development and infill projects.

Darren Rose, President and CEO of the Fresno -Madera Builders Industry Association requested additional time to review and analyze the development impact fees and related financial aspects before implementation.

It was the consensus of the Council to proceed with staff recommendations and return to Council in August with an update on the report.
8 AGENDA ITEM NO. 1.

PRELIMINARY - SUBJECT TO APPROVAL

9:25 ITEM 16 - ADOPTED - ORD. 24 -10, OA 2024 -001, A REQ UEST TO AMEND THE DEVELOPMENT CODE TO MODIFY THE DESCRIPTION R-2 (MEDIUM-HIGH DENSITY RESIDENTIAL) ZONE DISTRICT TO INCREASE THE MAXIMUM DENSITY FROM 15 TO 20 DWELLING UNITS PE R ACRE) AND TO MODIF Y THE R -3 (MULTI -FAMILY

RESIDENTIAL, HIGH DE NSITY) ZONE DISTRICT TO INCREASE THE MIN IMUM DENSITY FROM 15.1 TO 20.1 UNITS PER AC RE. (VOTE 4 -0-1 WITH COUNCILMEMBER BESSINGER ABSENT).

Upon call, there was no public comment.

Motion for approval by Councilmember Pearce, seconded by Councilmember Basgall.

Motion carried by unanimous vote.

9:26 ITEM 17 - APPROVED – COST-OF-LIVING INCREASE AND UPDATED SALARY SCHEDULE FOR EXECUTIVE MANAGEMENT EMPLOYEES.

Upon call, there was no public comment.

Motion for approval by Councilmember Mouanoutoua, seconded by Councilmember Bessinger. Motion carried by unanimous vote.

PUBLIC HEARINGS – 9:28

9:28 ITEM 18 - CONSIDER ITEMS ASSOCIATED WITH FEES UNDER THE PLANNING AND

DEVELOPMENT SERVICES DEPARTMENT AND FIND THAT THE PROJECT IS EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW UNDER SECTION 15061(B)(3) OF THE CALIFORNIA EN VIRONMENTAL QUALITY ACT GUIDELINES. CITY OF CLOVIS, APPLICANT.

Upon call, there was no public comment.

18A. APPROVED - RES. 24-78, A REQUEST TO APPROVE A RESOLUTION AMENDING

PLAN CHECK, INSPECTI ON SERVICES, ENCROAC HMENT PERMITS, AND COMMUNITY INVESTMENT PROGRAM RATES.

Motion for approval by Councilmember Bessinger, seconded by Councilmember Pearce.

Motion carried by unanimous vote.

18B. APPROVED - RES. 24-79, A REQUEST TO APPROVE THE 2024 CITY OF CLOVIS PLANNING DIVISION FEE SCHEDULE.

Motion for approval by Councilmember Bessinger, seconded by Councilmember Pearce.

Motion carried by unanimous vote.
9 AGENDA ITEM NO. 1.

PRELIMINARY - SUBJECT TO APPROVAL

CITY MANAGER COMMENTS – 9:34

Reported on the recent Supreme Court ruling concerning the enforcement of public space ordinances, specifically related to camping in public spaces and will continue to provide updates to the Council.

COUNCIL COMMENTS – 9:35

It was the consensus of the Council to direct staff to prepare a letter of opposition to Senate Bill 7, related to housing, and bring it back to Council on August 5, 2024.

CLOSED SESSION – 9:43

ITEM 19 - GOVERNMENT CODE SECT ION 54956.9(D)(1) CONFERENCE WITH LEG AL COUNSEL – EXISTING LITIGATION CASE NAME: DESIREE MARTINEZ V. CITY OF CLOVIS, ET AL., CASE NO. F082914

ITEM 20 - GOVERNMENT CODE SECT ION 54956.9(D)(1) CONFERNECE WITH LEG AL COUNSEL - EXISTING LITIGATION IN RE: NATIONAL PRESCRIPTION OPIATE LITIGATION; U.S. DISTRICT COURT, N.D. OHIO, EASTERN DIVISION; CASE NO.1:17-MD-2804.

ITEM 21 - GOVERNMENT CODE SECT ION 54957 PUBLIC EMPLOYEE APP OINTMENT / EMPLOYMENT TITLE: CITY MANAGER
RECONVENE INTO OPEN SESSION AND REPORT FROM CLOSED SESSION – 10:29 No action taken.

ADJOURNMENT

Mayor Ashbeck adjourned the meeting of the Council to August 5, 2024.

Meeting adjourned: 10:30 p.m.

______________________________ ________________________________ Mayor City Clerk
10 AGENDA ITEM NO. 1.

TO: Mayor and City Council
FROM: Administration
DATE: August 5, 2024
SUBJECT: Administration - Receive and File – Business Organization of Old Town (BOOT) Fourth Quarter Report, April through June 2024.

ATTACHMENTS: 1. Business Organization of Old Town (BOOT) Fourth Quarter Report, April through June 2024.

RECOMMENDATION
That the City Council receive and file the BOOT Fourth Quarter Report, April through June 2024.

EXECUTIVE SUMMARY
According to the 202 3–2024 agreement between the City of Clovis and the Business Organization of Old Town, BOOT is to submit quarterly reports to the City Manager and City Council. The amount to be funded is $15,000.

BACKGROUND
According to the 202 3-2024 agreement between the City of Clovis and the Business Organization of Old Town, BOOT is to submit quarterly reports to the City Manager and City Council detailing the progress of BOOT’s promotional and marketing activity. Attached, as Attachment 1, is the Fourth Quarter Report covering April through June 2024 activities. The amount to be funded is $15,000.

FISCAL IMPACT
The amount to be funded is $15,000, which is called out in the 2023-2024 Budget.

REASON FOR RECOMMENDATION
The attached report meets the requirement established in the 202 3-2024 agreement between the City of Clovis and the Business Organization of Old Town.

ACTIONS FOLLOWING APPROVAL
Staff will process payment to BOOT.

CONFLICT OF INTEREST
None.
11 AGENDA ITEM NO. 2.

Prepared by: Shawn Miller, Business Development Manager

Reviewed by: City Manager JH

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19 AGENDA ITEM NO. 2.

TO: Mayor and City Council
FROM: Administration
DATE: August 5, 2024
SUBJECT: Administration - Approval – Adoption of the City of Clovis Affordable Housing Trust Fund Program Guidelines.

ATTACHMENTS: 1. Affordable Housing Trust Fund Program Guidelines

RECOMMENDATION
For the City Council to adopt the City of Clovis Affordable Housing Trust Fund Program Guidelines.

EXECUTIVE SUMMARY
The Clovis City Council approved the creation of the Affordable Housing Trust Fund (AHTF) Program at its April 8, 2024, meeting. Action today will adopt the Program Guidelines enabling the implementation of the program. Staff will publish a Request for Pro posal/Notice of Funding Availability (RFP/NOFA) for the use of the HTF Program Funds, recommend a project for selection to City Council, and subsequently apply for State of California Local Housing Trust Fund (LTHF) Program funds to provide additional match funds for the selected project. Currently the Clovis HTF has $1,000,000 set aside for a potential project. The application to CA LTHF, if successful will match these funds 1:1, bringing the total of Housing Trust Funds to $2,000,000.

BACKGROUND
The City of Clovis Housing Trust Fund Program was approved by City Council on April 8, 2024, in accordance with the terms of the Judgment entered in the Martinez v. City of Clovis case.

Since that time Staff has been diligently working to draft program guidelines and fund the HTF, in anticipation of the State of California releasing its own NOFA for State LTHF monies. The State released its LTHF NOFA on July 9, 2024, and all applications are due by September 17, 2024.

Requirements of the State LTHF include approval of local program guidelines, publication of an RFP/NOFA, and selection of a specific project for funding (or projects). The attached Clovis Affordable Housing Trust Fund (AHTF) Program Guidelines will enable Staff to proceed with implementation of the program in time to meet the California LTHF application deadline.

20 AGENDA ITEM NO. 3.

The Guidelines Identify the following eligible activity types:
• New Construction of Multi -Family Units (including senior housing) and/or Singl e-Family Units
• Rehabilitation of Multi-Family Units (including senior housing) and/or Single-Family Units

The following types of projects will be given priority funding order:
• Projects that provide new development for senior housing, new multi-family housing units and/or new single-family units.
• Projects that are compliant with the Housing Needs Assessment identified in the City’s Consolidated and Annual Action Plan for Community Development Block Grant Funds. • Projects that can provide evidence of site control.
• Projects that have initiated/completed Site Plan Review or applicable land use entitlements.

Second priority will be given to housing rehabilitation projects.

All proposals will be reviewed by City staff for eligibility and adherence to t he City’s Guidelines, and additionally for compatibility with the CA LHTF Guidelines; and one (or more) project will be selected for funding recommendation to the City Council. Public comment and citizen feedback will be prioritized prior to recommending a project(s) to City Council. City Council will have final approval on the selected/proposed project.

If selected for CA LHTF funding, a potential project can have up to $2,000,000 available for development purposes. Clovis HTF Program monies will be provi ded as a construction and/or permanent financing loan, with simple interest, of no higher than 3 percent per annum. A portion of HTF/LHTF funds can be used for program administration (not more than 5%). The loan will be a "residual receipts loan", payable in fifty-five (55) years (for rental housing units), or forty - five (45) years for homeownership units, or other term of years as may be required by senior affordable housing financing to the City’s loan. The City will record affordability covenants on the project to ensure adherence to affordability and loan requirements.

The following income targeting requirements will mirror CA LTFH guidelines:
• A minimum of 30% of funds will be set aside for households earning 30% or less AMI • The remaining funds will be set aside for households earning 80% or less AMI

Additional loan parameters, including underwriting requirements can be found in Attachment 1 - Affordable Housing Trust Fund Program Guidelines.

Next steps will include publication of the Clovis AHTF Program RFP/NOFA immediately following Council approval of the Program Guidelines; closing of the City application period; staff selection of a recommended project(s); public comment/citizen feedback; Council review/approval of selected project(s); staff submittal of application to the CA LHTF for funding the selected project.

FISCAL IMPACT
The City approved transferring $1,000,000 in General Fund dollars into the Clovis Affordable Housing Trust Fund Program as part of its 2024 -2025 Budget. If successful, a matching fund 21 AGENDA ITEM NO. 3.
application to the State of California can provide 1:1 match for these Program monies, for a total of $2,000,000 available for the project. A total of 5% of these funds can be used for Program Administration by City Staff.

REASON FOR RECOMMENDATION
Implementation of the Clovis Affordable Housing Trust Fund Program, including applying to the State of California for matching funds, will satisfy the requirements of the Judgement.

ACTIONS FOLLOWING APPROVAL
Staff will publish an RFP/NOFA for t he utilization of the HTF program monies immediately following Council approval of the guidelines attached. Subsequently staff will select a project(s) for funding recommendation, solicit public comments and citizen feedback and present proposed project(s) to City Council for review/approval. Upon Council approval of the selected project(s) Staff will submit an application to the State of California LHTF for matching funds, by their deadline of September 17, 2024.

CONFLICT OF INTEREST
None.

Prepared by: Claudia Cazares, Housing Program Manager

Reviewed by: City Manager JH

22 AGENDA ITEM NO. 3.
1 CITY OF CLOVIS

AFFORDABLE HOUSING TRUST FUND (HTF) PROGRAM

PROGRAM GUIDELINES

This Affordable Housing Trust Fund Program (Program) is established as required to implement the terms of the Judgment entered by the court on March 19, 2024, in the Martinez v. City of Clovis case (Fresno County Superior Court Case No. 19CECG03855) and is intended to assist in the development of affordable housing units for low -income households and to enable the City to apply for matching funds from the State of California Local Housing Trust Fund Program as administered by the California Department of Housing and Community Development to provide safe and quality affordable housing for lower income households in the City of Clovis.

Funding for the Housing Trust Fund will be obtained from 1) City funds deposited into the Housing Trust Fund, 2) real property dedicated for use within the Housing Trust Fund Program, 3) State of California Housing Trust Fund Matching Dollars, 4) In Lieu fees paid through a Mixed Income Housing Ordinance, 5) interest earned on any funds on deposit, and 6) other discretionary sources the City may identify.

I. ELIGIBLE USES:

A. Program funds may be used to provide construction loans and/or permanent financing loans at simple interest rates of no higher than 3 percent per annum for payment of predevelopment costs, acquisition, construction, or rehabilitation associated with Affordable rental housing project, Emergency Shelters, Transitional Housing, Permanent Supportive Housing, or homebuyer/homeowner projects to purchase for-sale housing units B. The City may utilize a portion of HTF funds, not to exceed 5 percent of funds available for staff/administrative expenses per project.

C. Eligible new development housing units include multi -family and single-family housing units constructed after this Program is established and must be subject to a recorded affordability covenant restricting the unit(s) as affordable housing as provided herein.

II. INELIGIBLE USES:

Housing Trust Fund Program monies cannot be used to pre -fund units under the City’s Affordable Housing Development Impact Fee Deferral Program.

Attachment 1
23 AGENDA ITEM NO. 3.
2 III. PROPOSED NUMBER OF UNITS:

The Program will seek to maximize the impact of HTF Program monies by selecting project(s) for funding that will develop the maximum possible number of units in consideration of the HTF Program funds requested.

IV. PROGRAM LOAN REQUIREMENTS:

A. The Program is intended to be administered as a loan program for eligible predevelopment costs, acquisition, construction, or rehabilitation associated with Affordable rental housing project, Emergency Shelters, Transitional Housing, Permanent Supportive H ousing, or homebuyer/homeowner projects to purchase for-sale housing units.

B. Loans shall carry up to a 3% simple interest per annum depending on project underwriting. The loan will be a "residual receipts loan", payable in fifty-five (55) years (for rental housing units), or forty -five (45) years for homeownership units, or other term of years as may be required by senior affordable housing financing to the City ’s loan. The City shall record documentation on any real property assisted under this Program as evidence of the loan payment obligation and affordability restrictions, and such documentation will remain in effect until the loan has been paid in full and the affordability period has expired.

C. The City Manager or designee is also authorized to approv e, sign and record any document to subordinate the City ’s recorded document evidencing the deferred payment obligation if requested to do so by a lending institution providing funding for the construction of eligible affordable housing units.

D. All affordable housing units for which deferred fees are allocated under this Program must be subject to recorded affordability agreements and covenants to ensure the long-term affordability of the affordable housing unit as presented in this Program’s application. The affordability agreements and covenants will, without limitation, prescribe requirements such as occupancy, resale, notices to the City of changed circumstances, City's right of first refusal, options to purchase, equity share, and related terms to ensur e long term Affordability of all units.

E. Additional underwriting requirements are found in Section VII of these guidelines.

V. INCOME TARGETING REQUIREMENTS:

A. A minimum of 30 percent of HTF Program funds (and CA HTF Matching Funds) requested, after deducting th e City ’s administrative expenses, shall be expended on assistance to Extremely Low -Income Hous eholds, with household income of no more than 30 percent of the Area Median Income (AMI).
24 AGENDA ITEM NO. 3.
3 B. The remaining HTF Program Funds (and CA HTF Matching Funds) requested shall be expended on assistance to Lower-Income Households, with household income of no more than 80 percent of AMI.

VI. PROGRAM CRITERIA AND SELECTION PROCESS

A. City staff will prepare a Notice of Funding Availability, either jointly or separately for Clovis HTF funds, public properties, or other funds that may be deposited and utilized within the HTF Program.

B. The following criteria, without limitation and in no particular order, shall be considered priority projects in determining Program funding allocation:

1. Projects that provide new development for senior housing, new multi-family housing units and/or new single family housing units.

2. Projects that are compliant with the Housing Needs Assessment identified in the City ’s Consolidated and Annual Action Plan for Co mmunity Development Block Grant Funds.

3. Projects that can provide evidence of site control.

4. Projects that have initiated/completed Site Plan Review or applicable land use entitlements.

C. Second priority will be given to rehabilitation of existing housing units.

D. Proposals will be reviewed for eligibility by City staff and reviewed internally for funding recommendation by the City Manager or his designee to City Council.

E. The selected proposal(s), and a list of back -up, or additional projects will be taken to City Council for their review and approval prior to submittal to the State of California Local Housing Trust Fund Program for matching funds, as is required.

F. The list of projects, and selected projects, will be published on the City ’s website and other media.

VII. UNDERWRITING REQUIREMENTS

A. The Clovis Housing Trust Fund Program, and any selected projects/owners/applicants, will be required to follow State of California Local Housing Trust Fund Program Regulations.

B. Debt Coverage Ratio - “Debt Service Coverage Ratio" means the ratio of (1) Operating Income less the sum of Operating Expenses and required reserves to (2) debt service payments, excluding voluntary prepayments and non - mandatory debt service. In calculating Debt Service Cove rage Ratio, the City may include all Operating Income, and may exclude Operating Income that cannot be reasonably underwritten by lenders making amortized loans or that is approved by the City to be deposited into a reserve account to defray projected operating deficits.
25 AGENDA ITEM NO. 3.
4 1. The first year Debt Service Coverage Ratio shall not be:
a. less than 1.10:1 or
b. greater than 1.20:1, except where a higher first-year ratio is necessary to:
 project first-year cash flow after debt service and required reserve deposits equal to or less than 12 percent of operating expenses;  meet the requirements of subsection (i);
 meet CalHFA’s standard underwriting requirements or those of a direct federal lending program; or
 project a positive cash flow over 20 years, using the assumptions specified in subsection (i).

In applying the requirements of subsections (e)(1) and (e)(2), the annual MHP Program loan payment of 0.42% will be considered debt service.

The City may modify the application of these requirements on a case -by-case basis for Projects receiving operating or rental subsidies structured to allow for breakeven operation, or for operation at a level of cash flow that differs from that resulting from application of these requirements in order to meet the cash flow obligations in this subsection.

C. Operating Expenses – "Operating Expenses" means the amount approved by the City that is necessary to pay for the recurring expenses of the Project, such as utilities, maintenance, management, taxes, licenses, and Supportive Services Costs, but not including debt service or required reserve account deposits.

1. Total Operating Expenses (not including property taxes or the approved costs of on -site service coordination) shall not be less than those specifically listed in California Code of Regulations, Title 4, Section 10327 as minimum Operating Expenses (without the reduction allowed by those regulations for bond -financed projects). The City may project higher Operating Expenses where warranted by the experience of comparable properties and particular building characteristics, such as the nature of the tenant population or the level of rehabilitation. Prior to loan closing, the City may approve total Operating Expenses that are less than those specified in Section 10327, supra, only if the Project has an extraordinary design feature, such as its own electrical generation system, which results in a quantifiable operating cost savings as documented by a qualified third party.

2. All Operating Expenses, including property management fees, shall be within the normal market range, as peri odically determined by the City in surveys or based on costs observed in its portfolio.

26 AGENDA ITEM NO. 3.
5 D. Replacement Reserve - The owner/applicant shall establish a replacement reserve to repair or replace failed or damaged capital items and to cover extraordinary maintenance expenses, as approved by the City. Extraordinary maintenance expenses are expenses for infrequent major repairs and replacements of building components too costly to be absorbed by the Project’s annual operating budget. In no event shall this reserve be used to fund limited partner exit costs.

1. Withdrawals from the replacement reserve shall require prior written approval of the City. Should the City fail to take action on a request for an eligible withdrawal from the replacement reserve within 30 days o f documented receipt of the request, that request shall be deemed approved.

2. The replacement reserve shall be funded from Operating Income, development sources or a combination of Operating Income and development sources.
a. For new construction or conversio n Projects, the initial amount of annual deposits to the replacement reserve account shall be equal to at least the lesser of 0.6% of estimated construction costs associated with structures in the Project, excluding construction contingency and general con tractor profit, overhead and general requirements, or $500 per unit. However, the City may approve a different amount based on the results of a third -party reserve analysis, which it may require, or other reliable indicators of the need for replacement reserve funds over the initial 20 years of operation, or, in the case of transactions involving restructuring of existing loans, 20 years of operations after the restructuring.
b. For rehabilitation Projects, the initial amount of annual deposits to the replace ment reserve account shall be determined by the City based on the results of a third -party physical needs assessment or other reliable indicators of the need for replacement reserve funds over the initial 20 years of operation. In its initial underwriting, in the absence of an approved physical needs assessment or other reliable indicators of the need for replacement reserve funds, the City may assume that the initial amount of annual deposits shall be $500 per unit.

3. The City may periodically adjust the amount of required deposits to the replacement reserve for a particular Project based on the results of reserve analysis or other reliable indicators of the need for replacement reserve funds over time.

4. The City may agree with other financing sources to a llocate authority regarding amounts deposited into or withdrawn from the replacement reserve, where the City determines that such arrangement would not jeopardize the fiscal integrity of the Project and the minimum reserve requirements would be maintained. For Projects subject to direct federal 27 AGENDA ITEM NO. 3.
6 loan or grant programs, including Native American Housing Assistance and Self Determination Act programs, or receiving a permanent loan from CalHFA or California HCD, the City may also defer to the replacement reserve requirements of these agencies during the time such projects are regulated by a federal agency or CalHFA.

5. If the City requires a reserve analysis because the City determines the reserve is inadequate due to annual replacement costs exceeding or being reasonably likely to exceed the amounts deposited to the reserve, or due to a request by the City to adjust the required reserve amount, the analysis must result in a due diligence report that examines the current physical conditions at property(ies), specif ies repairs or replacements needed immediately, and budgets for the long -term capital repair and replacement needs during the life of an asset, such as the results of using the Capital Needs Assessment eTool, developed by the U.S. Department of Housing and Urban Development.

E. Operating Reserve – The owner/applicant shall establish an operating reserve for the purpose of defraying operating shortfalls resulting from City-approved Operating Expenses exceeding Operating Income beyond the rent-up period.

1. Withdrawals from the operating reserve shall require prior written approval of the City. Should the City fail to take action on a request for an eligible withdrawal from the operating reserve within 30 days from documented receipt of the request, that request shall be deemed approved.

2. The initial deposit to the operating reserve shall be funded from development funding sources in an amount determined by the City, which shall be not less than the total of the following: 4 months of projected Operating Expenses (excluding the cost of on -site Supportive Services coordination), 4 months of required replacement reserve deposits, and 4 months of non-contingent debt service. For projects with tax credits, the requirement shall be 3 months of these items. In setting the initial funding requirement, the City shall consider factors including, but not limited to the projected level of Project cash flow, the adequacy of the operating budget, Project location, local market characteristics, the number of sites, and Project design.

3. Owner/applicant shall fully replace any withdrawals from the Operating Reserve, up to the minimum initial deposit amount specified in subsection (b) above, as may be modified in accordance with subsection (d) or (e) below, using available cash f low prior to use of any cash flow to pay deferred Developer Fee, partnership management or similar fees, or Distributions.

4. In the absence of some extraordinary occurrences, such as litigation affecting the project or construction defects, and upon occurrence of both of the following events, the City shall reduce the required minimum balance: (i) operation at a debt service coverage ratio of 1.15 or greater for 5 years; and (ii) operation at an Operating Expense coverage ratio of 28 AGENDA ITEM NO. 3.
7 1.08, where Operating Expen se ratio is defined to equal effective gross income, less required replacement reserve deposits and non -contingent debt service, divided by total Operating Expenses, not including the approved cost of Supportive Services coordination.

5. The City may agree w ith other financing sources to allocate authority regarding amounts deposited into or withdrawn from the Operating Reserve, where the City determines that such arrangement would not jeopardize the fiscal integrity of the Project and the minimum reserve requirements would be maintained. For Projects subject to direct federal loan or grant programs, including the Native American Housing Assistance and Self Determination Act programs, or receiving a permanent loan from CalHFA , CA HCD , the City may also defer t o the operating reserve requirements of these agencies during the time such projects are regulated by a federal agency or CalHFA, and not require deposits in the amounts specified in subsection (b).

6. Where all Project development funding sources are legally precluded from using their funds to capitalize the operating reserve as required by subsection (b), the City may fund this account out of Operating Income, provided that cash flow is sufficient to reasonably ensure that the required balance can be accumulated within six years of initial occupancy.

F. Use of Operating Cash Flow

1. Operating income remaining after payment of approved current and prior year operating expenses, reserve deposits and mandatory debt service shall be applied in the following priority order:

First, towards payment of any:
a. Approved deferred Developer Fee, pursuant to Section 8312 of the CA UMR;
b. Asset management, partnership management and similar fees, including fees paid to investors, in an amount not to exceed the sum of:
 An amount for the current year, equal to $30,000 for 2016 and increased at the rate of 3.5% for each subsequent year, plus  Unpaid asset management, partnership management, and
similar fees accrued for a period not to exceed three project fiscal years following the year during which they are earned, up to the difference between the limit for the year and the amount paid for that year; and
c. Supportive Services Costs that these regulations would allow to be paid as operating costs, but that other funding sources do not.

Second, 50 percent to the Owner/applicant as Distributions and 50 percent to the City as payments on the Program loan.
29 AGENDA ITEM NO. 3.
8 a. If the terms of other public agencies’ financing also require payments from remaining cash flow, the City may agree to share what would otherwise be its 50 percent share of avail able cash flow with the public agencies in amounts proportional to the agencies ’ respective assistance amounts.
b. To be consistent with the terms of other public agency loans or leases, the City may agree to set the percentage payable to the Owner/applicant at an amount less than 50 percent.
c. For projects with income from project -based Section 8 or similar project-based rental assistance that is not underwritten by other Project lenders, the City may reduce the Owner/applicant’s share to an amount equivalent to the amount they would receive if one of the other lender ’s loan amount was based on an income stream that included the income from the rental assistance.

2. Owner/applicant may not accumulate Distributions from year to year.

Owner/applicant may deposit all or a portion of permitted Distributions into a Project account for distribution in subsequent years. These future Distributions shall not reduce the otherwise permitted Distribution in those subsequent years.

3. The limits on payments for Developer Fee and f or asset management, partnership management, and similar fees shall not apply to payments of those fees made from Distributions.

4. Payment of Distributions, deferred Developer Fee, asset management fees, partnership management fees and similar fees shall be permitted only after the owner/applicant submits a complete annual report and operating budget, and the City determines that the report and budget demonstrate compliance with all Program requirements for the applicable year. Circumstances under which no Di stributions, deferred Developer Fee, asset management fees, or partnership management fees, and similar fees shall be paid include:
a. when written notice of default has been issued by any entity with an equitable or beneficial interest in the Project;
b. when the City determines that the owner/applicant has failed to comply with the City's written notice of any reasonable requirement for proper maintenance or operation of the Rental Housing Development or use of Project income;
c. if all currently required de bt service, including mandatory payments on the Program loan, and Operating Expenses have not been paid; d. if the replacement reserve account, operating reserve account, or any other reserve accounts are not fully funded pursuant to Sections 8308 and 8309 and the Regulatory Agreement.
30 AGENDA ITEM NO. 3.
9 5. Per State Uniform Multi-Family Regulations approved 2017, the following limits shall apply to total Supportive Services Costs paid as Operating Expenses. These limits shall be increased each year after 2017 at the rate of 2.5 percent per year:
a. $4,080 per unit per year for supportive housing restricted to individuals or families experiencing chronic homelessness, as defined consistent with CA Health and Safety Code Section 50675.14;
b. $3,060 per unit per year
i. for supportive housing that is not restricted to individuals or families experiencing chronic homelessness as defined pursuant to CA Health and Safety Code Section 50675.14; and
ii. for units restricted to occupancy by Special Needs Population; c. $1,051 per unit per year for other u nits where the owner/applicant, their affiliate, or a service provider under contract to provide Supportive Services at the Project has both:
i. qualified staff devoted exclusively to oversight and quality control of resident services in affordable housing, including the Project; and
ii. a system to track and report on tenant outcomes, such as changes in employment status and income;
d. $250 per unit per year for other units, where the owner/applicant, their affiliate, or a service provider under contract does not satisfy the requirements set forth in subsection (e)(3).

6. The following limits shall apply to Supportive Services Costs paid as Operating Expenses:
a. The cost of staff supervision shall not exceed 10% of the cost of on- site staff salaries.
b. Administrative over head expenses, including accounting and human relations, shall not exceed 15% of the total Supportive Services Costs paid as Operating Expenses.

7. Owner/applicants paying Supportive Services Costs as Operating Expenses shall maintain onsite and available for City inspection records of group activities (including calendars and sign -in sheets) and individualized services and referrals. The City may also require annual reporting on these and related matters.

8. For supportive housing, as defined pursuant to CA Heal th and Safety Code Section 50675.14, and upon approval by the City, owner/applicants may establish a reserve to cover unexpected shortfalls in revenues to pay for resident services coordination and case management costs. This reserve may be funded through project cash flow available after funding 31 AGENDA ITEM NO. 3.
10 Operating Expenses and other required reserves, or through development sources. The maximum balance shall not exceed three times the per-unit, per-year limits specified in subsection (e).

G. Vacancy Rates – Residential vacancy rates shall be assumed to be 5%, unless a different figure is required by another funding source (including TCAC) or supported by compelling market evidence.

H. Construction Contingency if utilizing LHTF is used for Construction Financing - Where the City, and or CA LHTF is providing construction-period financing, the minimum budgeted construction contingency shall be 5 percent of construction costs for new construction projects and 10 percent of construction costs for rehabilitation and conversion projects.

I. Subordination and Other Senior/Junior Loans

1. Subordination: The City may execute and cause to be recorded a subordination agreement subordinating the City's lien so long as the subordination does not increase the City's risk beyond that contemplated in the Program loan or grant commitment, as may be amended from time to time, and so long as the subordination would further the interest of the Program. However, and except for Projects assisted by the U.S.

Department of Housing and Urban Development under the Section 811 or Section 202 programs, the City shall not ente r into a subordination agreement or other agreement that contains any of the following:
a. Any limitation of, or condition on, the City’s exercise of its remedies including, but not limited to issuing a notice of default based on a breach under the City’s loan documents, including a default based solely on a breach of the senior lienholder's documents. b. An agreement that the senior lienholder's acceptance of a deed in lieu of foreclosure would result in the senior lienholder taking title to the Rental Housing Development free and clear of the City’s lien(s). c. An agreement permitting any modification or supplement of the senior lienholder's lien without the prior written consent of the City except an agreement that permits a senior lienholder to make advances to: (i) cure a default under a lien with a higher priority than the City’s lien; (ii) pay delinquent taxes on the security property; (iii) pay delinquent hazard or liability insurance premiums for the security property; or (iv) to protect the health and safety of the tenants. d. An agreement that would require the City to undertake additional obligations to any party.

2. The City’s lien(s) shall not be subordinated to the liens of a lender affiliated with an entity that has an ownership interest in the Project un less a covenant, regulatory agreement, or similar instrument is recorded senior to the lender’s documents.

32 AGENDA ITEM NO. 3.
11 J. Leasehold Security Requirements

1. In any Project where the owner/applicant proposes to control the Project land through a long-term ground lease, either:
a. the Regulatory Agreement and other Program documents shall be recorded against both the owner/applicant’s interest in the Project and t he fee interest in the land, and the lease shall have a term remaining at the time of recordation at least equal to the term of the Program loan or grant; or
b. if the Regulatory agreement and other Program documents are not recorded against the Project’s fee interest, the ground lease shall be subject to the City ’s approval, must not be subject to any other mortgages, regulatory agreements, use restrictions, or equivalent instruments on the fee interest, and shall contain, or be amended to contain, provisions which:
i. establish a remaining term of at least ninety (90) years from the date the City documents are recorded, provided that the City may accept a lesser term, not less than 65 years, when the lessor is a public agency;
ii. ensure the validity of the lien of the Program loan and/or grant documents on the lease;
iii. ensure that the lease permits the Project to satisfy all Program requirements and permit the City to enforce the provisions of the Program loan and/or grant without restriction;
iv. expressly consent to the lessee ’s assignment of the lease to the City without further consent of the lessor, and permit the City, after acquisition of the leasehold property, to transfer or assign the lease to a third party without consent of the lessor; v. provide that the lessor does not have the right to terminate the lease or accelerate the rent upon lessee’s breach without first giving the lessee and the City reasonable notice and
opportunity to cure within a reasonable period;
vi. provide that no termination, modification or amendment to any terms of the lease shall be effective without the written consent of the City, and any attempt to take such actions would be void without the City’s consent;
vii. require that, in the event of destruction of any improvements on the land, neither the lessor nor the lessee shall terminate the lease if and so long as the lessee or City pursues
reconstruction of the improvements with reasonable diligence; viii. provide that the City shall not have any liability for the performance of any of the obligations of lessee under the lease until the City has acquired the leasehold interest, and 33 AGENDA ITEM NO. 3.
12 then only in accordance with the terms of the lease and only with respect to obligations that accrue during the City ’s ownership of the leasehold interest;
ix. provide that neither the lessor nor the lessee, in the event of bankruptcy by either, will take the benefit of any provisions in the United States Bankruptcy Code that would cause the
termination of the lease or otherwise render it unenf orceable in accordance with its terms;
x. provide that the leasehold interest will not merge into the fee in the event that the lessee acquires the reversionary interest in the Project; and
xi. provide that acquisition of the leasehold property by the City will not result in a termination of the leasehold; and upon such event, obligate the lessor to enter into a new lease having a term at least as long as the term remaining on the lease prior to acquisition by the City and on substantially the same terms and conditions.

2. If any other regulatory agreement, use restriction, or equivalent instrument is recorded against the fee, the City’s Regulatory Agreement or covenant must also be recorded against the fee. For the purposes of this subsection, the phrase “regulatory agreement, use restriction, or equivalent instrument” shall not be interpreted to include any instrument that does not relate in any way to affordability, or any affordability restriction that is not required as a condition of public financing.

3. Where the lessee and lessor are related or affiliated parties, the Program loan and/or grant documents shall be recorded against both the owner/applicant’s interest in the Project and the fee interest in the land.

4. To the extent consistent with the statutes and r egulations governing the Program, the City may modify or waive the requirements of this section where the lessor is a public agency that demonstrates that it is prohibited by law from meeting the requirements, and the City determines that there remains adequate security for the Program loan.

VIII. PROGRAM ADMINISTRATION
A. The Program will be administered by the City ’s Affordable Housing Programs office under the direction of the City Manager or designee.

B. The Program shall be marketed immediately following City Council approval of these guidelines.

C. City staff will publish a Notice of Funding Availability (NOFA) for the utilization of “Housing Trust Fund Program” funds and/or public property(ies). The NOFA will be published on City social media, Planet Bids, by pr oviding to interested Housing Developers, and other media. Interested parties will be required to 34 AGENDA ITEM NO. 3.
13 submit a City developed application that provides sufficient information for project qualification.

D. The NOFA will be available only during the required period necessary to facilitate a Matching Funds application to the State of California Local Housing Trust Fund Program.

E. Selected proposals will be reviewed for underwriting standards and Program qualifications. All funded units will be required to have affordability agreements and restrictions (covenants) recorded against the property securing both the on-going affordability of the units and repayment of the loan.

F. City staff will monitor compliance with all affordability covenants pursuant to the City's applicable Affordable Housing Unit Compliance Monitoring Policy.

35 AGENDA ITEM NO. 3.

TO: Mayor and City Council
FROM: Administration
DATE: August 5, 2024
SUBJECT: Administration - Approval - Community Development Block Grant (CDBG) Subrecipient Agreement with Marjaree Mason Center for $51,061 in 2024-2025 CDBG funds; and Authorize the City Manager to execute a CDBG Agreement, and any amendments thereto, for the provision of services to domestic violence survivors.

ATTACHMENTS: 1. CDBG Subrecipient Agreement with Marjaree Mason Center

RECOMMENDATION
For the City Council to authorize the City Manager to enter into a CDBG Subrecipient Agreement with Marjaree Mason Center (MMC) in the amount of $51,061 for the provision of services to domestic violence survivors.

EXECUTIVE SUMMARY
The City of Clovis has previously approved the FY 2024 -2025 U.S. Housing and Urban Development (HUD) Community Development Block Grant (CDBG) Program Annual Action Plan. The Action Plan included an allocation of $51,061 in CDBG funds for the Marjaree Mason Center (MMC) to provide services to domestic violence survivors. The approval and execution of this CDBG Subrecipient Agreement will authorize MMC to move forward with provision of the CDBG approved services.

BACKGROUND
As an entitlement City for the purpose of receiving CDBG funds from HUD, Clovis previously adopted an Annual Action Plan to identify CDBG funded activities for the 2024-2025 fiscal year.

The approved Action Plan included an allocation of $51,061 in CDBG for the provision of services to domestic violence survivors.

CDBG funds will be used to support community outreach and critical services for survivors and their families recovering from domestic violence. Funding awarded through this program will be used to support 24/7 safe shelter and critical support services for survivors of domestic violence as well as outreach programs which increase awareness of domestic violence and its impact on the community. Direct services will be provided to clients residing in Clovis, including MMC’s safe house.
36 AGENDA ITEM NO. 4.

MMC also proposes to eliminate barriers to accessing support by spreading awareness about domestic violence and its effect on not only the individ uals being abused but also the community as a whole. MMC’s Outreach program will raise awareness of the complex issue, increase knowledge about available services and reduce barriers to access by creating safe spaces to share information. MMC’s Outreach team will provide services such as: facilitating trainings for local organizations (medical providers, churches, schools, property managers, law enforcement agencies and social service providers), identifying new potential partners and attending community events to spread awareness about domestic violence throughout Fresno County.

The following project goals are incorporated into the CDBG Subrecipient Agreement:

Goal 1: Improve the health and safety of survivors of domestic violence.

Outcomes
 Provide 150 households including 185 individuals (150 adults and 35 children) with services
 Develop 100 safety plans
 Facilitate 50 Group sessions

Goal 2: Increase client stability and self-sufficiency Outcomes
 Facilitate 75 case management sessions
 Develop 10 Plans of Care
 Assist 10 clients with increasing monthly income

Goal 3: Increase awareness of domestic violence in the community Outcomes
 Identify 2 new community partners
 Attend 5 community events
 Facilitate 5 domestic violence trainings for community partners

After approval of the CDBG Subrecipient Agreement, and pending HUD final approval of the 2024-2025 City of Clovis Annual Action Plan, staff will issue a notice to proceed authorizing MMC staff to commence work on the CDBG funded activities.

FISCAL IMPACT
A total of $51,061 in CDNG funds are available in the 2024-2025 Budget.

REASON FOR RECOMMENDATION
The City of Clovis awarded CDBG funds to the MMC through the public review and participation process that is required as part of the development and approval of the 2024-2025 Annual Action Plan. Approval of the Subrecipient Agreement sets forth the parameters for the use of the CDBG funds.

ACTIONS FOLLOWING APPROVAL
Pending HUD final approval of the 2024 -2025 Annual Action Plan, City staff will issue a notice to proceed to MMC for the implementation of the CDBG eligible activities identified above. 37 AGENDA ITEM NO. 4.

CONFLICT OF INTEREST
None.

Prepared by: Claudia Cazares, Housing Program Manager

Reviewed by: City Manager JH

38 AGENDA ITEM NO. 4.
1 CITY OF CLOVIS

COMMUNITY DEVELOPMENT BLOCK PROGRAM

SUBRECIPIENT AGREEMENT

THIS SUBRECIPIENT AGREEMENT (“Agreement”), entered this ____ day of August 2024, by and between the City of Clovis, California, a municipal corporation (GRANTEE) , and Marjaree Mason Center, Inc., a non-profit corporation (SUBRECIPIENT).

WHEREAS, the U.S. Department of Housing and Urban Development, hereinafter referred to as "HUD", provides funding under its Co mmunity Development Block Grant Program, hereinafter "CDBG", 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, GRANTEE is a recipient of CDBG funding for fiscal year 2024-2025 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 2021-2026 Consolidated Plan, as amended and FY 2024-2025 Annual Action Plan, desires to provide CDBG funds to SUBRECIPIENT, for activities and services, as more fully described in Exhibit A, Scope of Work, upon the terms and conditions in this Agreement; and
WHEREAS, SUBRECIPIENT is experienced in providing the services and administering programs with CDBG funding, and desires to do so for GRANTEE in accordance with this Agreement; and
WHEREAS, the Clovis City Council approved execution of this Subrecipient Agreement at its August 5, 2024, meeting.

NOW, THEREFORE, it is agreed between the parties hereto that:

1. TERM
The term of this Agreement shall commence on August __, 2024 and unless terminated earlier pursuant to the terms of this Agreement, shall continue until June 30, 2025. The term of this Agreement and the provisions herein shall be extended to cover any addi tional time period during which SUBRECIPIENT remains in control of CDBG funds or other CDBG assets.

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.

Attachment 1
39 AGENDA ITEM NO. 4.
2 SUBRECIPIENT’s services under this Agreement shall include administering Critical Domestic Violence Services, in the City of Clovis (“Program”) for the whole of the term of the Agreement. SUBRECIPIENT shall administer the Program in compliance with applicable CDBG requirements and in a manner that meets the CDBG national objective(s) of 24 CFR 570.208.

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 30 days of the close of each quarter.

SUBRECIPIENT shall maintain all records required by the Federal regulations specified in 24 CFR 570.506 that are pertinent to the activities and services 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 program;
c) Records required to determine the eligibility of activities; d) Records documenting compliance with the fair housing and equal opportunity components of the CDBG program;
e) Financial records as required by 24 CFR 84 as amended by 24 CFR 570.502, and f) 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 five (5) 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 5-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.

GRANTEE shall monitor and evaluate SUBRECIPIENT's performance under this Agreement to determine compliance with this Agreement and CDBG requirements. SUBRECIPIENT shall cooperate with GRANTEE and any federal 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 40 AGENDA ITEM NO. 4.
3 normal business hours for the pu rpose 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.

4. METHOD OF PAYMENT
CDBG 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 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 Fifty-One Thousand Sixty -One Dollars ($51,061.00). 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 10 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 w ith all applicable, uniform administrative requirements, program regulations, and recapture and reversion requirements set out in the Act. Any unearned or recaptured CDBG funding shall be returned to GRANTEE within thirty (30) 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 condi tions 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 funds is subject to the control of HUD, or other federal agencies, and should the CDBG 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 funds, GRANTEE shall not provide said funds unless and until they are made available for payment to GRANTEE by HUD 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).

41 AGENDA ITEM NO. 4.
4 5. PROGRAM INCOME
Any income generated by SUBRECIPIENT from the use of CDBG funds governed by this Agreement shall be considered CDBG program income. All CDBG 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 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 funds made available through this Agreement to provide reasonable assurance that the Program is administered in compliance with applicable federal statutes, regulations, 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 allow s 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 b usiness 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 fifty-one (51) percent 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 funds or personnel employed in the administration of the program for: political activities; inherently religious activities; lobbying; political patronage; and nepotism activities.

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.

42 AGENDA ITEM NO. 4.
5 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 fund s 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 comply with all provisions of Title VI of the Civil Rights Act of 1964 and its implementing re gulations, 24 CFR Part 1; Section 109 of the Housing and Community Development Act of 1974, as amended, 42 U.S.C. Section 5301, et seq. and its implementing regulations at 24 CFR Parts 6 and 570.602; and Title VIII of the Civil Rights Act of 1968, as amended, 42 U.S.C. 3601, and its implementing regulations 24 CFR Part 100.

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 agency, and
• Name of the pass-through entity (City of Clovis) .

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 (30) 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 $750,000 or more in federal awards during any fiscal year that overlaps with the term of this Agreement. 43 AGENDA ITEM NO. 4.
6 SUBRECIPIENT shall submit a copy of the audit to GRANTEE and the Federal Audit Clearinghouse (FAC) within 30 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 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 applie d 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 SUBRECIPIEN T. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG 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-assisted activity, or have a financial interest in any contract, subcontract, or agreement with respect to a CDBG -assisted activity, or with respect to the proceeds of the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for one year thereafter.

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 44 AGENDA ITEM NO. 4.
7 of disability under Section 504 shall apply to programs or activities receiving Federal financial assistance under Title I programs.

Title VI of the Civil Rights Act of 1964, prohibits discrimination on the basis of race, color, and national origin in programs and activities receiving federal financial assistance. Persons who, as a result of national origin, do not speak English as their primary language and who have limited ability to speak, read, write, or understand English may be disadvantaged in effectively participating or benefitting from federal programs. In accordance with Executive Order 13166 issued by President Clinton on August 11, 2000, requiring all recipients of federal funds to take reasonable steps to ensure that persons with limited English proficiency (LEP persons) have meaningful access to federal programs and activities. SUBRECIPIENT is required to offer language assistance, provide interpreter services, translate vital documents and use a language line as identified in the City of Clovis’ Language Access Plan.

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 in clude 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).

The Americans with Disabilities Act (42 U.S.C. 12131; 47 U.S.C. 155, 201, 218 and 225) (ADA) provides comprehen sive civil rights to individuals with disabilities in the areas of employment, public accommodations, State and local government services, and telecommunications.
45 AGENDA ITEM NO. 4.
8 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 30 ca lendar 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 funds, including CDBG 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 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 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 • For real prop erty 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 a 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.

46 AGENDA ITEM NO. 4.
9 12. SUSPENSION AND TERMINATION
Termination for Convenience. This Agreement may be terminated 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, including but not limited to the following:

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 5 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.

15. GENERAL CONDITIONS
SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal, State, and City laws, ordinances and codes. Should a Project receive additional funding after the commencement of this Agreement, SUBRECIPIENT shall notify GRANTEE in writin g within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by GRANTEE within forty-five (45) 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.
47 AGENDA ITEM NO. 4.
10 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 as may be required by HUD. The SUBRECIPIENT shall additionally carry sufficient insurance coverage as set forth in Exhibit "C" attached hereto.

SUBRECIPIENT shall subcontract all work or services through written contract or agreement subject to each provision of this Agreement and applicable City, 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.

This Agreement does not evidence a partnership or joint venture between SUBRECIPI ENT 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 sha ll 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 unemployme nt 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 48 AGENDA ITEM NO. 4.
11 Agreement, SUBRECIPIENT may be providing services to others unrelated to GRANTEE or to this Agreement.

17. INDEMNIFICATION
SUBRECIPIENT shall indemnify, hold harmless and defend GRANTEE and each of its officers, officials, employees, and agents 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, or agents.

GRANTEE shall indemnify, hold harmless and defend SUBRECIPIENT and each of its officers, officials, employees, and a gents 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 SUBRECIPIENT, GRANTEE, 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 the active or sole negligence, or willful misconduct, of GRANTEE or any of its officers, officials, employees, or agents in the performance of this Agreement.

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.

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:
49 AGENDA ITEM NO. 4.
12 GRANTEE
City of Clovis - Economic Development, Housing and Communications Department Housing Programs
1033 Fifth Street
Clovis, CA 93612
Or via email: [email protected]

SUBRECIPIENT
Marjaree Mason Center, Inc.

Attention: Nicole Linder
1600 M Street
Fresno, CA 93721

19. AMENDMENTS

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.

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 50 AGENDA ITEM NO. 4.
13 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.

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 Clovis County, California.

51 AGENDA ITEM NO. 4.
14 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 brin g 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 un der any circumstances whatsoever. SUBRECIPIENT shall include this paragraph in all contracts/subcontracts.

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.

52 AGENDA ITEM NO. 4.
15 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.

IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written.

"GRANTEE" "SUBRECIPIENT"

CITY OF CLOVIS

By:

John Holt, City Manager

Dated: , 2024

ATTEST:

By:

Briana Parra, City Clerk

Dated: , 2024

APPROVED AS TO FORM:

By:

Scott G. Cross, City Attorney

Dated: , 2024

MARJAREE MASON CENTER, INC.

By:

Name: Nicole Linder
Its: Chief Executive Officer

Dated: , 2024

53 AGENDA ITEM NO. 4.
16 Attachments:

EXHIBIT A: SCOPE OF WORK
EXHIBIT B: PROPOSED BUDGET
EXHIBIT C: INSURANCE REQUIRMENTS

54 AGENDA ITEM NO. 4.

EXHIBIT A: SCOPE OF WORK

Marjaree Mason Center (MMC) is requesting City of Clovis CDBG funds to support community outreach and critical services for survivors and their families recovering from domestic violence. Funding awarded through this program will be used to support 24/7 safe shelter and critical support services for survivors of domestic violence as well as outreach programs which increase awareness of domestic violence and its impact on the community.

The Marjaree Mason Center operates one safe house located in Clovis, which has seven rooms with a total of 27 beds. Clients residing in the Clovis safe house are provided with comprehensive case management services, individual and group counseling, legal advocacy, housing assistance, employment assistance, financial planning, transportation and linkages to additional service providers when appropriate. Additionally, clients residing in the Clovis safe house can participate in groups, attend legal options classes and receive support for their children directly in the safe house. Last year, MMC’s provided support to 388 households including 447 individuals (381 adults and 66 children) from Clovis.

In addition to providing direct services for clients, MMC believes it is important to eliminate barriers to accessing support by spreading awareness about domestic violence and its effect on not only the individuals being abused but also the community as a whole. MMC’s Outreach program helps to raise awareness of the complex issue, increase knowledge about available services and reduce barriers to access by creating safe spaces to share information. To that aim, MMC’s Outreach team regularly facilitates trainings for local organizations (medical providers, churches, schools, property managers, law enforcement agencies and social service providers), identifies new potential partners and attends community events in order to spread awareness about domestic violence throughout Fresno County.

While MMC provides services to all individuals affected by domestic violence and seeking support, the vast majority of our clients are women and children in households that are defined as low/moderate income (LMI) and/or homeless by the Department of Housing and Urban Development (HUD). Last year 93% of all MMC clients fell within the HUD definition for LMI and homeless.

Through this project, MMC will support survivors recovering from domestic violence by providing safe and confidential shelter as well as comprehensive support services for up to 24-months; additionally, MMC will use this project to increase awareness of domestic violence in Clovis by expanding community outreach activities. Supportive services provided to clients in recovery will include risk assessments, safety planning, case management, individual and group counseling, legal advocacy, health and wellness programs, children’s services, classes, housing assistance and referrals to additional social service programs.

Additionally, MMC will ensure that the basic needs (food, clothing, hygiene items, diapers, blankets, etc.) of survivors are met while they focus on overcoming the long-term traumatic effects of abuse. Outreach activities that will be facilitated through this project will include attendance at community events, engagement with community service providers and the facilitation of domestic violence centered trainings for community members, partner organizations and social service providers.

55 AGENDA ITEM NO. 4.

Once enrolled in an agency program, each client is connected to an MMC Case Manager who remains their primary point of contact for the duration of their engagement in MMC services. Maintaining a single point of contact is an important aspect of providing stability and building trust with the client. Clients enrolled in the Clovis Transitional Housing Program are each provided with their own private bedroom (families are housed together in larger or adjoining rooms depending on family size). Each bedroom is furnished with beds, a dresser, television and new bedding (blankets, sheets, pillows) which may be taken with them when they exit the program. The safe house living room, kitchen and bathrooms are all shared, communal spaces.

Residential advocates are physically stationed on-site in the safe house between the hours of 8am and 8pm most days, and a Residential Advocate provides overnight support in person at least three nights per week; additional assistance outside of those hours can be accessed 24/7 via the agency’s hotline. Residential Advocates interact daily with clients residing in the safe house and are responsible for shift specific tasks in the Transitional living programs as well as the enrollment and orientation process for clients admitted into the safe house. Residential staff have oversight of residential client/family activities duri ng their assigned shift and can provide some Case Management support to residential clients as needed. Additional activities that Residential staff support include facilitating support groups, providing advocacy, facilitating client workshops and supportin g daily activities and by promoting safe and healthy lifestyles.

Although all individuals impacted by domestic violence may benefit from supportive services such as mental health or substance abuse counseling, participation in these services is not a prerequisite to accessing safe housing or a condition of maintaining it. In fact, MMC believes that the provision of safe housing will improve a client's overall ability to effectively participate in supportive services. Clients are able to stay up to one year ; however, the average length of stay for clients in Transitional Housing is 217 days. MMC believes that access to safe, secure and stable housing is critical to overcoming the lasting effects of traumatic abuse and works hard to ensure that clients feel safe, welcome and supported while they work toward recovery.

The target population for this project includes individuals located in Clovis who are experiencing domestic violence and who are in need of safe shelter and/or seeking supportive services. Marjaree Mason Center is proposing to address the critical needs of these survivors by providing case management and stabilization services for individuals and families who are residing the Clovis Transitional Shelter as well as community outreach in Clovis to increase awareness of domestic violence and its impact on the community.

Goal 1: Improve the health and safety of survivors of domestic violence. • Outcomes
o Provide 150 households including 185 individuals (150 adults and 35 children) o with services
o Develop 100 safety plans
o Facilitate 50 Group sessions

Goal 2: Increase clients stability and self-sufficiency • Outcomes
o Facilitate 75 case management sessions
56 AGENDA ITEM NO. 4.

o Develop 10 Plans of Care
o Assist 10 clients with increasing monthly income

Goal 3: Increase awareness of domestic violence in the community • Outcomes
o Identify 2 new community partners
o Attend 5 community events
o Facilitate 5 domestic violence trainings for community partners

MMC uses a variety of methods to evaluate services, measure program outcomes and ensure accountability for contractual commitments. During the development phase of an application, MMC’s grant writer works directly with program leaders and project managers to identify project goals, develop outcomes and plan strategies for implementation. Once an award has been made, the team (Grants Officer, Data Analyst, Staff Accountant, and Program Leaders) meets to review the details of the grant and assign responsibilities, this can include making updates to the agency’s database to ensure that planned outcomes can be tracked and reported on accurately.

Marjaree Mason Center does not use HMIS to record/store client information. Instead, MMC uses a comparable database called Apricot Social Solutions to record client information and generate monthly agency reports. Apricot Social Solutions is a secure, HIPAA compliant, cloud- based data management system that is designed specifically for non -profits to streamline data collection, reporting and social service outcomes. Since 2018, MMC has used this system to record and maintain client information including client demographics (age, ethnicity, gender, etc.), assessments, program enrollment, case notes, client engagement/participation, surveys/client feedback and referrals.

Direct services staff including Case Managers, Victim Advocates, Crisis Response Team members, Clinicians and Family Skills Specialists, are responsible for inputting client information into the database and must enter client information into Apricot within 72-hours of engagement. MMC’s data analyst routinely reviews client data and reports service outcomes to leaders monthly. Additionally, the data analyst can pull reports quickly and in real time to assess program engagement, this enables MMC to address gaps in staff reporting or client engagement immediately and make adjustments as necessary. MMC’s grant team (program leaders, staff accountant, grant officer and data analyst) meet regularly to review outcomes for each grant contract to ensure goals are being met and/or make adjustments as needed.

57 AGENDA ITEM NO. 4.

EXHIBIT B: BUDGET

Vendor Name: Marjaree Mason Center, Inc.

Program: Clovis Community Development Block Grant
Budget Term: (12-months) 7/1/2024 - 6/30/2025
Budget Category Total Project
Costs Clovis CDBG Details/Notes

PERSONNEL
Case Manager $35,152.00 $10,816.00
$54,080 annually x .65 FTE. Provides case management
services to clients from the City of Clovis including goal setting and financial planning.

Residential Team Member $118,976.00 $17,846.00
$45,760 annually x 2.60 FTE. Provides emergency services including peer counseling at the Clovis shelter for individuals affected by domestic violence.

Outreach Specialist $10,920.00 $10,920.00
$43,680 annually x .25 FTE. Provides outreach services to organizations within Clovis regarding domestic violence and MMC services.

Facilitator $21,840.00 $0.00 $43,680 annual x .50 FTE. Provides group facilitation of MMC's groups including S.A.F.E group.

Family Skills Specialist $7,800.00 $52,000 annually x .15 FTE. Provides children advocacy services including child case management, group activities and homework help.

Maintenance Technician $4,160.00 $41,600 annually x .10 FTE. Ensures the Clovis facility is welcoming by providing repairs and maintenance services.

Housing Manager $17,056.00 $85,280 annually x .20 FTE. Oversees the Clovis shelter.

Victim Advocate $26,000.00
$52,000 annually x .50 FTE. Provides legal advocacy
including court accompaniment, assistance with restraining orders and crisis support to individuals affected by domestic violence in Clovis.

Payroll Taxes $16,517.00 $3,028.00 FICA Payroll Taxes
Benefits $26,923.00 $4,922.00 Fringe benefits including health insurance and workers compensation
Subtotal $285,344.00 $47,532.00

Operating Expenses
Communication $8,800.00 Partial expense of shelter communication costs:
$733.33/month x 12 months
Equipment Rental $250.00 Partial expense of equipment rental including copier for Clovis Site; $333.33 x 12 months
Repairs and Maintenance 35000
$2,916.67/month x 12 months. Minor repairs and
maintenance at the Clovis site. Also includes security expense and gardening expenses
Furniture 6200 Furnishings for bedrooms at the Clovis shelter for the clients' rooms
Program Supplies $5,000.00 $1,218.00 $416.67/month x 12 months. Supplies for clients including personal care items, bus passes and food.

Utilties Expenses $12,400.00 $2,311.00 $1,033.33/month x 12 months. Water, Sewer, Electricity and Gas charges at the Clovis Shelter
Mileage $502.00 750 miles x $.67/miles. Mileage for Clovis staff to serve clients within the Clovis community
Subtotal $68,152.00 $3,529.00
TOTAL BUDGET $353,496.00 $51,061.00

58 AGENDA ITEM NO. 4.

EXHIBIT C: INSURANCE REQUIREMENTS

Prior to commencement of the Services, SUBRECIPIENT shall take out and maintain at its own expense the insurance coverage required by this Exhibit C. SUBRECIPIENT shall cause any subcontractor with whom SUBRECIPIENT contracts for the performance of Services pursuant to this Agreement to take out and maintain equivalent insurance coverage. Said insurance shall be maintained at all times during SUBRECIPIENT’s performance of Services under this Agreement, and for any additional period specified herein. All insurance shall be placed with insurance companies that are licensed and admitted to conduct business in the State of California and are rated at a minimum with an "A :VII" by A.M. Best Company , unless otherwise acceptable to the City.

a. Minimum Limits of Insurance. SUBRECIPIENT shall maintain the following types of insurance with limits no less than specified:

(i) General Liability Insurance (including operations, products and completed operations coverages) in an amount not less than $ 2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

(ii) Worker's Compensation Insurance as required by the State of California.

(iii) Automobile Liability Insurance in an amount not less than $1,000,000 per accident for bodily injury and property damage.

(v) Umbrella or Excess Liability. 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, a gents and volunteers.

If SUBRECIPIENT maintains higher limits than the minimums shown above, the City shall be entitled to coverage at the higher limits maintained.

b. Other Insurance Provisions . The general liability policy is to contain, or be endorsed to contain, the following provisions:

(i) The City, its officers, officials, employees, agents, and volunteers are to be covered as insured's with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the SUBRECIPIENT; and with respect to liability arising out of work or operations performed by or on behalf of the SUBRECIPIENT including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the SUBRECIPIENT’s insurance (at least as broad as ISO Form 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33 or CG 20 38; and CG 20 37 forms if later revisions used).

(ii) For any claims related to the Services performed pursuant to this Agreement, the SUBRECIPIENT's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the 59 AGENDA ITEM NO. 4.

SUBRECIPIENT's insurance and shall not contribute with it.

(iii) Each insurance policy required by this section shall be endorsed to state that the City shall receive written notice at least thirty (30) days prior to the cancellation, non -renewal, or material modification of the coverages required herein.

(iv) SUBRECIPIENT grants to the City a waiver of any right to subrogation which any insurer of said SUBRECIPIENT may acquire against the City by virtue of the payment of any loss under such insurance. SUBRECIPIENT agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

(v) Any deductibles or self -insured retentions must be declared to and approved by the City of Clovis Risk Services. The City may require the SUBRECIPIENT to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

c. Evidence of Coverage. SUBRECIPIENT shall deliver to City written evidence of the above insurance coverages, including the required endorsements prior to commencing Services under this Agreement; and the production of such written evidence shall be an express condition precedent, notwithsta nding anything to the contrary in this Agreement, to SUBRECIPIENT's right to be paid any compensation under this Agreement. City's failure, at any time, to object to SUBRECIPIENT's failure to provide the specified insurance or written evidence thereof (either as to the type or amount of such insurance), shall not be deemed a waiver of City's right to insist upon such insurance later.

d. Maintenance of Insurance . If SUBRECIPIENT fails to furnish and maintain the insurance required by this section, City may (but is not required to) purchase such insurance on behalf of SUBRECIPIENT, and the SUBRECIPIENT shall pay the cost thereof to City upon demand, and City shall furnish SUBRECIPIENT with any information needed to obtain such insurance. Moreover, at its discretion, City may pay for such insurance with funds otherwise due SUBRECIPIENT under this Agreement.

e. Subcontractors. If the SUBRECIPIENT should subcontract all or any portion of the work to be performed in this Agreement, the SUBRECIPIENT shall cover the subcontractor, and/or require each subcontractor to adhere to all the requirements contained herein. Similarly, any cancellation, lapse, reduction or change of subcontractor’s insurance shall have the same impact as described above.

f. Special Risks or Circumstances . The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

g. Indemnity and Defense. Except as otherwise express ly provided, the insurance requirements in this section shall not in any way limit, in either scope or amount, the indemnity and defense obligations separately owed by SUBRECIPIENT to City under this Agreement.

60 AGENDA ITEM NO. 4.

TO: Mayor and City Council
FROM: Administration
DATE: August 5, 2024
SUBJECT: Administration – Receive and File – Economic Development Corporation Serving Fresno County Quarterly Report, April to June 2024.

ATTACHMENTS: 1. EDC Quarter 4 Report, April to June 2024

RECOMMENDATION
That the City Council receive and file the Quarter 4 Report, April to June 2024, from the Economic Development Corporation serving Fresno County.

EXECUTIVE SUMMARY
The Economic Development Corporation serving Fresno County (EDC) has submitted their Quarter 4 Report of activities for the City Council to receive and file, as required per the 2023 - 2024 Agreement with the City.

BACKGROUND
In the summer of 2023, the City of Clovis and the EDC entered into a contract for the 2023-2024 fiscal year to provide regional marketing and business services to Clovis businesses. The contract provides for $40,000 in baseline funding and provides $10,000 fo r focused outreach and project support for the City of Clovis in developing the Five Year Comprehensive Economic Development Strategy plan update. This allows Clovis to be part of a regional effort in attracting commercial and industrial businesses to Clov is. Attached is a report detailing the progress of their activities to provide information to industrial/commercial representatives not currently located in Clovis for recruiting purposes, and to continue to assist existing Clovis businesses with informational and/or technical assistance to access statewide business support programs.

FISCAL IMPACT
The City will forward the Quarter 4 installment payment to EDC. The funds were budgeted in the fiscal year budget.

REASON FOR RECOMMENDATION
The attached report meets the requirements established in the 2023-2024 Agreement between the EDC and the City of Clovis.
61 AGENDA ITEM NO. 5.

ACTIONS FOLLOWING APPROVAL
Staff will file the report and send payment to the EDC.

CONFLICT OF INTEREST
None.

Prepared by: Chad McCollum, Economic Deve lopment, Housing & Communications Director

Reviewed by: City Manager JH

62 AGENDA ITEM NO. 5.
06/30/2024
Terms
City of Clovis
ATTN:Mr. Chad McCollum
1033 5th Street
Clovis, CA 93612
Date:
9852Inv. No.:
517Account No.:

Fresno County EDC
1060 Fulton St., 4th Floor
Fresno, CA 93721
Remit To:

Membership Level Contact

INVOICE
1060 Fulton Street, 4th Floor
Fresno, CA 93721
(559) 476-2500
Description Total
DIAMOND 1 YearMr. Chad McCollum
City of Clovis Q4 April to June 2024 $12,500.00
$12,500.00Balance Due:
$0.00Paid/Credited:
$12,500.00Total:

Attachment 1 63
AGENDA ITEM NO. 5.

FRESNO COUNTY ECONOMIC

DEVELOPMENT CORPORATION
Quarterly Activity Report
Quarter 4, FY 2024
64 AGENDA ITEM NO. 5.

FRESNO COUNTY EDC | Q4 2024
2 OUR IMPACT
Throughout FY 2024, EDC staff has spent over 135
hours working directly with 83 Clovis businesses.

Here are a few highlights:

LOCAL SERVICES

BY THE NUMBERS
15 $ 200,000
NEO wage reimbursements
to Clovis Businesses
Active NEO
Businesses
100+
Leads generated
using Gazelle.AI
NEO Job
Placements
Clients served,
Q4 2024
$ 93,000
Projected PG&E EDR savings secured for Clovis
businesses
PG& Economic Development Rate Support
EDC staff worked with a Clovis manufacturer on their application for PG&E’s Economic Development Rate. We provided support in drafting the company’s narrative, helping them tell the story of their company and how crucial the EDR would be for them. They were approved for the program and are expected to save 20% over the next 5 years on their electric usage. 83 Businesses
Served, FY24
56 25
29 Attractions
Projects, FY24
65 AGENDA ITEM NO. 5.

FRESNO COUNTY EDC | Q4 2024
3 BUSINESS ATTRACTIONBUSINESS ATTRACTION
Fresno EDC facilitated 9 business leads in Q4 2024.

AI ENABLED ATTRACTIONS: BIO INTERNATIONAL 2024AI ENABLED ATTRACTIONS: BIO INTERNATIONAL 2024 EDC Staff provided strategic outreach support to bolster and complement the efforts of City of Clovis staff preparing to attend BIO International Conference, to be held the first week of June in San Diego. Using AI- enabled software, staff targeted companies with a high propensity score for potential location in Clovis.

WORKFORCEWORKFORCE

HEALTHCARE SECTOR PARTNERSHIP & POTENTIAL TRAINING DEVELOPMENTHEALTHCARE SECTOR PARTNERSHIP & POTENTIAL TRAINING DEVELOPMENT In partnership with Mayor Pro Tem Vong Mouanoutoua EDC staff met with executive representatives of a large medical provider to discuss potential training pathways for CNA’s, LVN’s and other in-demand occupations utilizing the New Employment Opportunities, and potentially, Good Jobs Challenge programs. Program design is underway, and President/CEO Will Oliver will present the proposal to the Economic Development Administration in Washington DC in June to propose adding healthcare as a sector. This will mark the first healthcare pathway once launched.

HR SPECIALIST TRAINING COMPLETION
In partnership with Fresno County DSS and State Center Community College District, Fresno County EDC’s Good Jobs program helped to fund an HR Specialist
cohort that contained 19 participants. Of these, 13 were referred by the Fresno County DSS and six by Good Jobs.

Of the six enrolled by Good Jobs, four were employees
who were displaced by Prima Wawona’s closure.

During the 10-week intensive training, participants covered essential HR topics such as social intelligence, telework dynamics, corporate behavior, HR laws, CA wage regulations, and workplace ethics. On April 18, 17 of the participants graduated from the program. By the end of April, five
participants had secured employment, two had started
externships, and others were still interviewing for positions. • 13 Prime Steak
• 2 Hands Corn Dogs
• 84 Lumber
• A1 Lock and Key
• Accelerated Urgent
Care (Clovis)
• Action Equipment
& Event Rentals
• All Signs
• Aquatic Pets and Reptiles
• Backyard Social Club
• Beard Papas
• Cabinet Connection
• Casa Maria’s
• Clovis Ace Hardware
• Clovis Appliance
• Clovis Auto Shop
• Clovis Floral & Cafe
• Clovis Sports Cards
& Collectibles
• Clovis Stationery &
Office Supplies, Inc.
• Club Cleaners
• Colton’s Social House
• Community Medical Centers
• Contech Concrete
Techniques, Inc
• Country Rose II
Antiques & Accents
• Courtyard Fresno Clovis
• Cozy Cottage Antiques
• Denny’s #9549
• Diciccos
• Elite Landscape Construction
• Epic Games2Go Game Trailer
• Eureka
• Excel Sign Company
• Fifth Street Antiques
• Gilbert K. Moran, M.D.
• Going Places
• Gottschalk Music Center
• Happy Growing Landscaping
• House of JuJu
• IDLS Sierra Avenue, LLC dba
Magnolia Crossing, LLC
• Mark’s Chevron
• Neighbors
• Old Town Auto Glass
• Once Upon A Time
Gifts & Antiques
• PC Solutions
• Ramen Hayashi
• Rodeo Coffee Shop
• S&G Collision Center
• Sassano’s Mens Wear
• SheraChic Boutique
• Showroom Doctor Z Inc
• Sierra Cleaners
• The Craft House
• Valley Chrome Plating Inc
• Valley Community Small
Business Development
Center (SBDC)
• Waterhouse Animal Hospital
• Wawona Frozen Foods
• Yolked Kitchen

CLIENTS SERVED
66 AGENDA ITEM NO. 5.

FY 23-24 Overview of Work Product Deliverables FY 2023 – 2024 Target Outcomes FY24 YTD Economic Development Corporation
Serving Fresno County

Contract: $40,000

Comprehensive Economic
Development Strategy

Phase 1: $10,000
- Plan Participation and Outreach

Staff:

President & CEO
Will Oliver

VP of Workforce Development
Chris Zeitz

Director of Business Services
Lauren Nikkel

Business Retention:
• Provide informational resources and
technical assistance to retain and
expand existing Clovis businesses.
• The Economic Development team
will work towards fostering a closer
working relationship with local
business associations to enhance
the accessibility of EDC’s services to
City employers.

New Business Recruitment:

Facilitate information and conduct tours for
company representatives not currently
located in Clovis for the purpose of
recruiting new businesses to the City of
Clovis. Assist the City of Clovis in promoting
future industrial areas and existing
industrial sites to new clients.
• Coordinate virtual and in-person
site tours for the purpose of
business attraction and expansion.
• Create and update marketing
materials.
• Support in-person or virtual
commercial and industrial broker
events for the City of Clovis.
• Communicate leads status during
monthly EDC – City of Clovis
meeting.
• Assist the City in preparing for, and
conducting, proactive targeted
outreach to companies identified in
the Clovis Comparison Healthcare
Respond to all City of Clovis business
inquires and connect them to
appropriate resources
83 Clients Served
New Business Leads 26
New Business Leads
Outreach and project support for 5 Year
CEDS Update Ongoing
Economic Profile Update Completed
Targeted HCA Outreach Ongoing

67 AGENDA ITEM NO. 5.

ATTACHMENT 1
Analysis, or other business
prospecting tools, if available.

Comprehensive Economic Development
Strategy Participation and Engagement
Planning for the County of Fresno
Comprehensive Economic Development
Five Year Update is set to occur beginning in
2023. EDC will partner with the City in
providing focused outreach and project
support to ensure the City’s goals and
objectives are included in the CEDS update.

68 AGENDA ITEM NO. 5.

TO: Mayor and City Council
FROM: Administration
DATE: August 5, 2024
SUBJECT: Administration - Approval – Request from Central Valley Fallen Heroes for closure of portions of Pontiac Way and Never Forget Lane, adjacent to the California 911 Memorial to hold the annual Fallen Heroes Car Show on October 5, 2024.

ATTACHMENTS: 1. Request from Central Valley Fallen Heroes

RECOMMENDATION
That the City Council approve the request from Central Valley Fallen Heroes for closure of portions of Pontiac Way and Never Forget Lane, adjacent to the California 911 Memorial to hold the annual Fallen Heroes Car Show on October 5, 2024.

EXECUTIVE SUMMARY
Staff requests street closure on October 5, 2024, for a car show organized by Central Valley Fallen Heroes.

BACKGROUND
Central Valley Fallen Heroes requested street closure (s) on October 5, 2024, for the annual Fallen Heroes Car Show. The boundaries and time of street closure has been reviewed by staff members from each department.

FISCAL IMPACT
The City of Clovis is positively impacted by the proposed event. Local businesses benefit from large numbers of people visiting their neighborhood and the City of Clovis benefits from the increased tax revenue.

The promoters of this event will bear the cost of additional City services and any other additional services.

REASON FOR RECOMMENDATION
In previous years, more than 300,000 people have attended the various events held in Clovis annually, many of whom have returned to Clovis to patronize local businesses. This event will benefit the City’s economic development efforts.
69 AGENDA ITEM NO. 6.

ACTIONS FOLLOWING APPROVAL

1. Staff will notify Central Valley Fallen Heroes of Council’s decision; and

2. Staff will work with C entral Valley Fallen Heroes to ensure that the y provide security and cleanup of the event.

CONFLICT OF INTEREST
None.

Prepared by: Shawn Miller, Business Development Manager

Reviewed by: City Manager JH

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77 AGENDA ITEM NO. 6.

TO: Mayor and City Council
FROM: Finance Department
DATE: August 5, 2024
SUBJECT: Finance - Approval - Res. 24-___, Measure C Ex tension Local Transportation Pass Through Revenues Certification and Claim Forms for 2024-25.

ATTACHMENTS: 1. Resolution

2. Certification and Claim Forms

RECOMMENDATION
For the City Council to approve Resolution 24-___, Measure C Extension Local Transportation Pass Through Revenues Certification and Claim Forms for 2024-25.

EXECUTIVE SUMMARY
The Fresno County Transportation Authority (FCTA) adopted the apportionment for Local Transportation Purpose Funds (Measure C Extension) for fiscal year 2024-25. The funds are distributed monthly based on the adopted percentages for each city. To receive the funds from FCTA it is necessary for each city to submit a Certification and Claim form for each sub program and a resolution of the City Council approving the Certification and Claim forms. The total estimated amount to be distributed to the City of Clovis is $6,226,084.

BACKGROUND
Annually the City receives notification from the Fresno County Transportation Authority (FCTA) which adopts the methodology and estimated apportionments of Local Transportation Purpose Funds (Measure C Extension) due to each City. The estimated percentage due to the City of Clovis for each sub program varies from 1.97% to 17.67% of the total $147,148,226 to be apportioned. The percentage due to each City is based on population and road miles. The FCTA has estimated that the City will receive $1,770,332 for the Street Maintenance Category, $61,962 for the ADA Compliance Category , $1,708,370 for the Flexible Fundi ng Category, $416,977 for the Ped estrian/Trails-Urban Category, $106 ,258 for the Bicycle Facilities Category, and $2,162,185 for the Clovis Transit Regional Public Transit Program Category.

The total estimate to be disbursed to the City for all sub programs is $6,226,084 for fiscal year 2024-25.

78 AGENDA ITEM NO. 7.

In order for each city to receive its apportionment the City must submit a Certification and Claim for each sub program and a resolution of the City Council approving the Certification and Claim forms. These Certification and Claim forms are for t he Measure C Extension (2007 -2027) that began July 1, 2007.

FISCAL IMPACT
In order for the City to receive its annual apportionment of Local Transportation Purpose Funds (Measure C Extension), the City must submit a Certification and Claim form for each sub program and a resolution of the City Council approving the Certification and Claim forms.

REASON FOR RECOMMENDATION
In order to receive the 2024-25 Measure C funds, the City needs to submit to the FCTA the Certification and Claim forms and authorizing resolution.

ACTIONS FOLLOWING APPROVAL
After the Council approval, the Certification and Claim forms and the resolution will be forwarded to the FCTA.

CONFLICT OF INTEREST
None.

Prepared by: Jose Cortez, Accountant

Reviewed by: City Manager JH

79 AGENDA ITEM NO. 7.

ATTACHMENT 1
RESOLUTION 24-___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS APPROVING

THE LOCAL TRANSPORTATION PURPOSE FUNDS CERTIFICATION
AND CLAIM FOR 2024-25

WHEREAS, the City of Clovis is an eligible claimant of funds for Local Transportation Purposes (Measure C Extension) pursuant to California Public Utilities Code Section 142257; and

WHEREAS, the Fresno County Transportation Authority (FCTA) has adopted a Resolution of Apportionment for Fiscal Year 202 4-25’s estimated revenue setting 10.54% of $16,792,597 for the Local Transportation Program, Local Allocation – Street Maintenance Category sub program available to the claimant; and

WHEREAS, the FCTA has adopted a Resolution of Apportionment for Fiscal Year 2024-25’s estimated revenue setting 10.54% o f $ 587,741 for the Local Transportation Program, Local Allocation – ADA Compliance Category sub program available to the claimant; and

WHEREAS, the FCTA has adopted a Resolution of Apportionment for Fiscal Year 2024-25’s estimated revenue setting 10.18% of $16,778,495 for the Local Transportation Program, Local Allocation – Flexible Funding Category sub program available to the claimant; and

WHEREAS, the FCTA has adopted a Resolution of Apportionment for Fiscal Year 2024-25’s estimated revenue setting 17.67% of $ 2,359,743 for the Local Transportation Program, Local Allocation – Pedestrian/Trails-Urban Category sub program available to the claimant; and

WHEREAS, the FCTA has adopted a Resolution of Apportionment for Fiscal Year 2024-25’s estimated revenue setting 12.16% of $ 874,117 for the Local Transportation Program, Local Allocation – Bicycle Facilities Category sub program available to the claimant; and

WHEREAS, the FCTA has adopted a Resolution of Apportionment for Fiscal Year 2024-25’s estimated revenue setting 1.97% of $109,755,533 for the Regional Public Transit Program, Public Transit Agencies – Clovis Transit sub program available to the claimant.

NOW, THEREFORE, BE IT RESOLVED, by the City of Clovis as follows:

1. The Finance Director is hereby authorized to execute the Certification and Claim forms and submit the forms to the FCTA for 2024-25.

2. The City hereby requests the release of funds to the City on a monthly basis, consistent with the adopted percentage and based on actual receipts.

3. The City hereby requests the release of funds to the City in accordance and compliance with Steps 5 and 6 of the Local Agency Handbook – Local Agency Pass- Through Funding Programs.

80 AGENDA ITEM NO. 7.

4. The City Council hereby certifies as follows:
a. That the sub programs’ funds are not being used to substitute for property tax funds which the City had previously used for local transportation purposes. Such substitution of property tax funds is prohibited by California Public Utilities Code Section 142257; and
b. That the City has segregated property tax revenues from the City’s other General Fund revenues used to support the sub programs’ funds so that verification of non - substitution can be proved through audit or that the non -substitution of funds shall apply to the City’s entire general fund; and
c. That the City shall separately account for the sub program funds received pursuant to Public Utilities Code Section 142257. The City shall maintain records in accordance with generally accepted accounting principles and s hall separately record expenditures for each type of eligible purpose. The City shall make such records available to the FCTA for inspection or audit at any time.

5. The City understands that should financial or compliance audit exceptions be found, the FCTA will take immediate steps to resolve the exceptions in accordance with adopted procedures.

6. The City understands they must follow the Reporting Requirements as indicated in the Measure C Extension Local Agency Handbook and the Measure C Extension Local Agency Handbook, Other Revenue Funding and submit the appropriate Reporting Requirements Form for each Program/Project of expenditures for the 2024-25 fiscal year no later than November 15, 202 4. The City understands if these Reporting Requirements are not met by the date listed above , the Fresno County Transportation Authority will stop any and all Local Transportation Purposes Pass -Through funds until such Reporting Requirements have been met.

* * * * *

The foregoing resolution was introduc ed and adopted at a regular meeting of the City Council of the City of Clovis held on August 5, 2024, by the following vote, to wit.

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED: August 5, 2024

______________________________ ______________________________ Mayor City Clerk

81 AGENDA ITEM NO. 7.

Measure C Extension Strategic Implementation Plan - Appendix D

MEASURE C EXTENSION

LOCAL TRANSPORTATION PASS THROUGH REVENUES
CERTIFICATION AND CLAIM FOR FY2024-25
TO
: Fresno County Transportation Authority
FR
OM: City of Clovis
Local Agency Name
Address:1033 Fifth Street, Clovis, CA 93612 Contact: Jay Schengel, Finance Director_________ Telephone: (559) 324-2130 ____ FAX: ____ Email Address: [email protected]_________

1. Appl
icable Funding Program: (Check One)
Regional Public Transit Program
F resno Area Express
Clovis Transit
FCRTA
PTIS/Transit Consolidation
ADA/Seniors/Paratransit
Farmworker Van Pools
Car/Van Pools
New Technology Reserve
Local
Transportation Program
Street Maintenance
ADA Compliance
Flexible Funding
Pedestrian/Trails Urban
Pedestrian/Trails Rural
Bicycle Facilities
Regional Transportation Program
Fresno Airports
Al
ternative Transportation Program
Rail Consolidation Subprogram
Environmental Enhancement Program
School Bus Replacement
Transit Oriented Infrastructure for
In-Fill
Administrative/Planning Program
Fresno COG

2. The City of Clovis ("claimant") is an eligible claimant of funds for local transportation purposes pursuant to Local Agency Name
California Public Utilities Code Section 142257.

3. The Fresno County Transportation Authority has adopted a Resolution of Apportionment for Fiscal Year 2024-2025 setting 10.54% of $1 6,792,597 (or $1,770,332) for the Subprogram or Category of funds checked above and available to the claimant. On behalf of claimant, I hereby request release of the funds to claimant in accordance with:
(a) Monthly payments consistent with adopted percentage, based on actual receipts (b) Compliance with Steps A and B of the Strategic Implementation Plan (SIP) – Local Agency Pass Through Funding programs and Other Implementation Plan Provisions

4. On behal
f of claimant, I hereby certify as follows:
(a) That the Subprogram or Category of funds checked above are not being used to substitute for property tax funds which claimant had previously used for local transportation purposes. Such substitution of property tax funds is prohibited by California Public Utilities Code Section 142257. (b) That claimant has segregated property tax revenues from claimant's other general fund revenues used to support the Subprogram or Category of funds checked above so that verification of non-substitution can be proved through audit or that the non-substitution of funds shall apply to claimant's entire general fund. (c) That claimant shall account for Subprogram or Category of funds checked above and received pursuant to Public Utilities Code Section 142257. Claimant shall maintain current records in accordance with generally accepted accounting principles and shall separately record expenditures for each type of eligible purpose.

Claimant shall make such records available to the Authority for inspection or audit at any time.

5. Claimant understands that should financial or compliance audit exceptions be found, the Fresno County Transportation Authority will take immediate steps to resolve the exceptions in accordance with its adopted procedures.

Authorized Signature:

Title:

Date:

ATT
ACHMENT: Evidence of Formal Action for Approval and Submittal Approved by: Fresno County Transportation Authority Board by Date: _________________ Attachment 2
82 AGENDA ITEM NO. 7.

Measure C Extension Strategic Implementation Plan - Appendix D

MEASURE C EXTENSION

LOCAL TRANSPORTATION PASS THROUGH REVENUES
CERTIFICATION AND CLAIM FOR FY2024-25
TO
: Fresno County Transportation Authority
FR
OM: City of Clovis
Local Agency Name
Address:1033 Fifth Street, Clovis, CA 93612 Contact: Jay Schengel, Finance Director_________ Telephone: (559) 324-2130 ____ FAX: ____ Email Address: [email protected]_________

1. Appl
icable Funding Program: (Check One)
Regional Public Transit Program
F resno Area Express
Clovis Transit
FCRTA
PTIS/Transit Consolidation
ADA/Seniors/Paratransit
Farmworker Van Pools
Car/Van Pools
New Technology Reserve
Local
Transportation Program
Street Maintenance
ADA Compliance
Flexible Funding
Pedestrian/Trails Urban
Pedestrian/Trails Rural
Bicycle Facilities
Regional Transportation Program
Fresno Airports
Al
ternative Transportation Program
Rail Consolidation Subprogram
Environmental Enhancement Program
School Bus Replacement
Transit Oriented Infrastructure for
In-Fill
Administrative/Planning Program
Fresno COG

2. The City of Clovis ("claimant") is an eligible claimant of funds for local transportation purposes pursuant to Local Agency Name
California Public Utilities Code Section 142257.

3. The Fresno County Transportation Authority has adopted a Resolution of Apportionment for Fiscal Year 2024-2025 setting 10.54% of $587,741 (or $61,962) for the Subprogram or Category of funds checked above and available to the claimant. On behalf of claimant, I hereby request release of the funds to claimant in accordance with:
(a) Monthly payments consistent with adopted percentage, based on actual receipts (b) Compliance with Steps A and B of the Strategic Implementation Plan (SIP) – Local Agency Pass Through Funding programs and Other Implementation Plan Provisions

4. On behal
f of claimant, I hereby certify as follows:
(a) That the Subprogram or Category of funds checked above are not being used to substitute for property tax funds which claimant had previously used for local transportation purposes. Such substitution of property tax funds is prohibited by California Public Utilities Code Section 142257. (b) That claimant has segregated property tax revenues from claimant's other general fund revenues used to support the Subprogram or Category of funds checked above so that verification of non-substitution can be proved through audit or that the non-substitution of funds shall apply to claimant's entire general fund. (c) That claimant shall account for Subprogram or Category of funds checked above and received pursuant to Public Utilities Code Section 142257. Claimant shall maintain current records in accordance with generally accepted accounting principles and shall separately record expenditures for each type of eligible purpose.

Claimant shall make such records available to the Authority for inspection or audit at any time.

5. Cl
aimant understands that should financial or compliance audit exceptions be found, the Fresno County Transportation Authority will take immediate steps to resolve the exceptions in accordance with its adopted procedures.

Authorized Signature:

Title:

Date:

ATT
ACHMENT: Evidence of Formal Action for Approval and Submittal Approved by: Fresno County Transportation Authority Board by Date: _________________ 83 AGENDA ITEM NO. 7.

Measure C Extension Strategic Implementation Plan - Appendix D

MEASURE C EXTENSION

LOCAL TRANSPORTATION PASS THROUGH REVENUES
CERTIFICATION AND CLAIM FOR FY2024-25
TO
: Fresno County Transportation Authority
FR
OM: City of Clovis
Local Agency Name
Address:1033 Fifth Street, Clovis, CA 93612 Contact: Jay Schengel, Finance Director_________ Telephone: (559) 324-2130 ____ FAX: ____ Email Address: [email protected]_________

1. Appl
icable Funding Program: (Check One)
Regional Public Transit Program
F resno Area Express
Clovis Transit
FCRTA
PTIS/Transit Consolidation
ADA/Seniors/Paratransit
Farmworker Van Pools
Car/Van Pools
New Technology Reserve
Local
Transportation Program
Street Maintenance
ADA Compliance
Flexible Funding
Pedestrian/Trails Urban
Pedestrian/Trails Rural
Bicycle Facilities
Regional Transportation Program
Fresno Airports
Al
ternative Transportation Program
Rail Consolidation Subprogram
Environmental Enhancement Program
School Bus Replacement
Transit Oriented Infrastructure for
In-Fill
Administrative/Planning Program
Fresno COG

2. The City of Clovis ("claimant") is an eligible claimant of funds for local transportation purposes pursuant to Local Agency Name
California Public Utilities Code Section 142257.

3. The Fresno County Transportation Authority has adopted a Resolution of Apportionment for Fiscal Year 2024-2025 setting 10.18% of $1 6,778,495 (or $1,708,370) for the Subprogram or Category of funds checked above and available to the claimant. On behalf of claimant, I hereby request release of the funds to claimant in accordance with:
(a) Monthly payments consistent with adopted percentage, based on actual receipts (b) Compliance with Steps A and B of the Strategic Implementation Plan (SIP) – Local Agency Pass Through Funding programs and Other Implementation Plan Provisions

4. On behal
f of claimant, I hereby certify as follows:
(a) That the Subprogram or Category of funds checked above are not being used to substitute for property tax funds which claimant had previously used for local transportation purposes. Such substitution of property tax funds is prohibited by California Public Utilities Code Section 142257. (b) That claimant has segregated property tax revenues from claimant's other general fund revenues used to support the Subprogram or Category of funds checked above so that verification of non-substitution can be proved through audit or that the non-substitution of funds shall apply to claimant's entire general fund. (c) That claimant shall account for Subprogram or Category of funds checked above and received pursuant to Public Utilities Code Section 142257. Claimant shall maintain current records in accordance with generally accepted accounting principles and shall separately record expenditures for each type of eligible purpose.

Claimant shall make such records available to the Authority for inspection or audit at any time.

5. Claimant understands that should financial or compliance audit exceptions be found, the Fresno County Transportation Authority will take immediate steps to resolve the exceptions in accordance with its adopted procedures.

Authorized Signature:

Title:

Date:

ATT
ACHMENT: Evidence of Formal Action for Approval and Submittal Approved by: Fresno County Transportation Authority Board by Date: _________________ 84 AGENDA ITEM NO. 7.

Measure C Extension Strategic Implementation Plan - Appendix D

MEASURE C EXTENSION

LOCAL TRANSPORTATION PASS THROUGH REVENUES
CERTIFICATION AND CLAIM FOR FY2024-25
T
O: Fresno County Transportation Authority
F
ROM: City of Clovis
Local Agency Name
Address:1033 Fifth Street, Clovis, CA 93612 Contact: Jay Schengel, Finance Director_________ Telephone: (559) 324-2130 ____ FAX: ____ Email Address: [email protected]_________

1. A
pplicable Funding Program: (Check One)
Regional Public Transit Program
Fresno Area Express
Clovis Transit
FCRTA
PTIS/Transit Consolidation
ADA/Seniors/Paratransit
Farmworker Van Pools
Car/Van Pools
New Technology Reserve
Loc
al Transportation Program
Street Maintenance
ADA Compliance
Flexible Funding
Pedestrian/Trails Urban
Pedestrian/Trails Rural
Bicycle Facilities
Regional Transportation Program
Fresno Airports
A
lternative Transportation Program
Rail Consolidation Subprogram
Environmental Enhancement Program
School Bus Replacement
Transit Oriented Infrastructure for
In-Fill
Administrative/Planning Program
Fresno COG

2. The City of Clovis ("claimant") is an eligible claimant of funds for local transportation purposes pursuant to Local Agency Name
C alifornia Public Utilities Code Section 142257.

3. The Fresno County Transportation Authority has adopted a Resolution of Apportionment for Fiscal Year 2024-2025 setting 17.67% of $2,359,743 (or $416,977) for the Subprogram or Category of funds checked above and availabl e to the claimant. On behalf of claimant, I hereby request release of the funds to claimant in accordance with:
(a) Monthly payments consistent with adopted percentage, based on actual receipts (b) C ompliance with Steps A and B of the Strategic Implementation Plan (SIP) – Local Agency Pass Thr ough F
unding programs and Other Implementation Plan Provisions

4. O
n behalf of claimant, I hereby certify as follows:
(a) T
hat the Subprogram or Category of funds checked above are not being used to substitute for property tax funds which claimant had previously used for local transportation purposes. Such substitution of property tax funds is prohibited by California Public Utilities Code Section 142257. (b) That claimant has segregated property tax revenues from claimant's other general fund revenues used t o s
upport the Subprogram or Category of funds checked above so that verification of non-substitution c an be pr
oved through audit or that the non-substitution of funds shall apply to claimant's entire general fund. (c) That claimant shall account for Subprogram or Category of funds checked above and received pursuant to Public Utilities Code Section 142257. Claimant shall maintain current records in accordance with generally accepted accounting principles and shall separately record expenditures for each type of eligible purpose.

Claimant shall make such records available to the Authority for inspection or audit at any time.

5. Claimant understands that should financial or compliance audit exceptions be found, the Fresno County Transportation Authority will take immediate steps to resolve the exceptions in accordance with its adopted procedures.

Authorized Signature:

Title:

Date:

AT
TACHMENT: Evidence of Formal Action for Approval and Submittal Approved by: Fresno County Transportation Authority Board by Date: _________________ 85 AGENDA ITEM NO. 7.

Measure C Extension Strategic Implementation Plan - Appendix D

MEASURE C EXTENSION

LOCAL TRANSPORTATION PASS THROUGH REVENUES
CERTIFICATION AND CLAIM FOR FY2024-25
T
O: Fresno County Transportation Authority
F
ROM: City of Clovis
Local Agency Name
Address:1033 Fifth Street, Clovis, CA 93612 Contact: Jay Schengel, Finance Director_________ Telephone: (559) 324-2130 ____ FAX: ____ Email Address: [email protected]_________

1. A
pplicable Funding Program: (Check One)
Regional Public Transit Program
Fresno Area Express
Clovis Transit
FCRTA
PTIS/Transit Consolidation
ADA/Seniors/Paratransit
Farmworker Van Pools
Car/Van Pools
New Technology Reserve
Loc
al Transportation Program
Street Maintenance
ADA Compliance
Flexible Funding
Pedestrian/Trails Urban
Pedestrian/Trails Rural
Bicycle Facilities
Regional Transportation Program
Fresno Airports
A
lternative Transportation Program
Rail Consolidation Subprogram
Environmental Enhancement Program
School Bus Replacement
Transit Oriented Infrastructure for
Infill
Administrative/Planning Program
Fresno COG

2. The City of Clovis ("claimant") is an eligible claimant of funds for local transportation purposes pursuant to Local Agency Name
C alifornia Public Utilities Code Section 142257.

3. The Fresno County Transportation Authority has adopted a Resolution of Apportionment for Fiscal Year 2024-2025 setting 12.16% of $874,117(or $106,258) for the Subprogram or Category of funds checked above and available to the claimant. On behalf of claimant, I hereby request release of the funds to claimant in accordance with:
(a) Monthly payments consistent with adopted percentage, based on actual receipts (b) C ompliance with Steps A and B of the Strategic Implementation Plan (SIP) – Local Agency Pass Thr ough F
unding programs and Other Implementation Plan Provisions

4. O
n behalf of claimant, I hereby certify as follows:
(a) T
hat the Subprogram or Category of funds checked above are not being used to substitute for property tax funds which claimant had previously used for local transportation purposes. Such substitution of property tax funds is prohibited by California Public Utilities Code Section 142257. (b) That claimant has segregated property tax revenues from claimant's other general fund revenues used t o s
upport the Subprogram or Category of funds checked above so that verification of non-substitution c an be pr
oved through audit or that the non-substitution of funds shall apply to claimant's entire general fund. (c) That claimant shall account for Subprogram or Category of funds checked above and received pursuant to Public Utilities Code Section 142257. Claimant shall maintain current records in accordance with generally accepted accounting principles and shall separately record expenditures for each type of eligible purpose.

Claimant shall make such records available to the Authority for inspection or audit at any time.

5. Claimant understands that should financial or compliance audit exceptions be found, the Fresno County Transportation Authority will take immediate steps to resolve the exceptions in accordance with its adopted procedures.

Authorized Signature:

Title:

Date:

AT
TACHMENT: Evidence of Formal Action for Approval and Submittal A
pproved by: Fresno County Transportation Authority Board by Date: _________________ 86 AGENDA ITEM NO. 7.

Measure C Extension Strategic Implementation Plan - Appendix D

MEASURE C EXTENSION

LOCAL TRANSPORTATION PASS THROUGH REVENUES
CERTIFICATION AND CLAIM FOR FY2024-25
TO
: Fresno County Transportation Authority
FR
OM: City of Clovis - Clovis Transit Agency
Local Agency Name
Address:155 N. Sunnyside Avenue, Clovis, CA 93611 Contact: Amy Hance Telephone: (559) 324-2770 FAX: Email Address: [email protected]

1. Appl
icable Funding Program: (Check One)
Regional Public Transit Program
F resno Area Express
Clovis Transit
FCRTA
PTIS/Transit Consolidation
ADA/Seniors/Paratransit
Farmworker Van Pools
Car/Van Pools
New Technology Reserve
Local
Transportation Program
Street Maintenance
ADA Compliance
Flexible Funding
Pedestrian/Trails Urban
Pedestrian/Trails Rural
Bicycle Facilities
Regional Transportation Program
Fresno Airports
Al
ternative Transportation Program
Rail Consolidation Subprogram
Environmental Enhancement Program
School Bus Replacement
Transit Oriented Infrastructure for
Infill
Administrative/Planning Program
Fresno COG

2. The City of Clovis - Clovis Transit Agency ("claimant") is an eligible claimant of funds for local transportation Local Agency Name
purposes pur suant to California Public Utilities Code Section 142257.

3. The Fresno County Transportation Authority has adopted a Resolution of Apportionment for Fiscal Year 2024-2025 setting 1.97% of $ 109,755,533 (or $2,162,185) for the Subprogram or Category of funds checked above and available to the claimant. On behalf of claimant, I hereby request release of the funds to claimant in accordance with:
(a) Monthly payments consistent with adopted percentage, based on actual receipts (b) Compliance with Steps A and B of the Strategic Implementation Plan (SIP) – Local Agency Pass Through Funding programs and Other Revenue Program Funding

4. On behalf of claimant, I hereby certify as follows:
(a) That the Subprogram or Category of funds checked above are not being used to substitute for property tax funds which claimant had previously used for local transportation purposes. Such substitution of property tax funds is prohibited by California Public Utilities Code Section 142257. (b) That claimant has segregated property tax revenues from claimant's other general fund revenues used to support the Subprogram or Category of funds checked above so that verification of non- substitution can be proved through audit or that the non-substitution of funds shall apply to claimant's entire general fund. (c) That claimant shall account for Subprogram or Category of funds checked above and received pursuant to Public Utilities Code Section 142257. Claimant shall maintain current records in accordance with generally accepted accounting principles and shall separately record expenditures for each type of eligible purpose.

Claimant shall make such records available to the Authority for inspection or audit at any time.

5. Claimant understands that should financial or compliance audit exceptions be found, the Fresno County Transportation Authority will take immediate steps to resolve the exceptions in accordance with its adopted procedures.

Authorized Signature:

Title:

Date:

ATTACHMENT: E vidence of Formal Action for Approval and Submittal Approved by: Fresno County Transportation Authority Board on: ____________________ 87 AGENDA ITEM NO. 7.

TO: Mayor and City Council
FROM: General Services Department
DATE: August 5, 2024
SUBJECT: General Services – Approval – Approve the first amendment to the Environment Control Agreement for janitorial services; and Authorize the City Manager to execute the First Amendment Agreement contract extension with Environment Control for services for total annual proposed charges of $566,376.00, and additional annual charges for special services of $35,352.00.

ATTACHMENTS: 1. First Amendment to the Agreement

2. Original contract Agreement

RECOMMENDATION
Approve the first amendment to the Environment Control contract for janitorial services from August 1, 2024 , through July 31, 2025; and authorize the City Manager to execute the first amendment contract extension with Environment Control for services.

EXECUTIVE SUMMARY
Environment Control is currently under contract with the City for city -wide janitorial services.

They recently submitted a proposal to the City requesting an extension amendment of their service agreement through July 1, 2025 . Over the course of several years of service Environment Control has proved to be the best value for Janitorial service. Staff recommends under mutual agreement between the City and Environment Control to extend their contract by one year.

Environment Control’s current contract expires July 31, 2024 . Their proposal includes no cost increases to the current facilities. However, it adds two (2) additional locations added to the city facilities in February 2024. Those locations include the IT building and add -on suite at 1625 Shaw Ave, which were not included in the last contract, howe ver are included in the current FY2024/25 budget. Based on the quality of service, staff recommends executing a one -year contract extension amendment with Environment Control.

BACKGROUND
After completing the competitive request for proposal (RFP) process for janitorial services, the City awarded Environment Control a three -year janitorial services contract on July 19, 2021 (Attachment 2). Previously, Environment Control was selected as the succes sful vendor during 88 AGENDA ITEM NO. 8.
the 2006 RFP process and was awar ded a contract/contract extensions from August 2006 through August 2011. They were again awarded another contract during the RFP 2021 process for August 2021 to July 2024. Environment Control has provided the City with janitorial services for a combined thirteen (13) years to date.

Environment Control Director Manuel Lopez submitted an email to the City on February 28, 2024, requesting an additional one-year contract extension amendment through July 31, 2025.

Environment Control’s proposal reflects no cost increases from August 1, 2024, through July 31, 2025. The matrix illustrating Environment Control’s pricing for the one-year contract amendment is shown below:

PROPOSED PRICING MATRIX FOR JANITORIAL SERVICES
AUGUST 1, 2024 – JULY 31, 2025

FACILITY

PROPOSED

MONTHLY CHARGES

PROPOSED

ANNUAL CHARGES
O&M – CORP YARD $8,994.00 $107,928.00
CIVIC CENTER $5,789.00 $69,468.00
MISS WINKLES $2,350.00 $28,200.00
FIRE – STATIONS ONLY $204.00 $2,448.00
PUBLIC SAFETY $13,040.00 $156,480.00
COMMUNITY RR $2,338.00 $28,056.00
REC CENTER $2,776.00 $33,312.00
TRANSIT HUB $2,977.00 $35,724.00
LANDMARK SQUARE $6,340.00 $76,080.00
IT BUILDING $1,595.00 $19,140.00
IT ADD-ON SUITE $795.00 $9,540.00
TOTAL $47,198.00 $566,376.00

ANNUAL CHARGES
SPECIAL SERVICES* $2,946.00 $35,352.00

*Special Services costs are those costs such as building washing and window cleaning that are scheduled upon request. Totals shown are the maximum amount the City would accrue annually for these services.

Environment Control has provided dependable service, and the quality of their work has exceeded that of previous vendors. Based on the quality of service and the no cost proposal, executing a one-year contract extension amendment with Environment Control provides the best overall value for these contracted services.

FISCAL IMPACT
Environment Control has submitted a proposal for a one -year contract extension amendment with no cost increases. The proposed amount is within the FY2024/25 budget allocation for these services.

REASON FOR RECOMMENDATION
In accordance with the City’s purchasing policy, staff has multiple factors to consider when selecting a vendor such as pricing, quality of service, and ability of janitorial staff to pass background checks to have access into our safety facilities. Environment Control has provided 89 AGENDA ITEM NO. 8.
dependable and quality service during their thirteen (13) year association with the City.

Environment Control has proposed extending its current contract with the City for one-year.

Pursuant to the City’s Purchasing Procedures , purchases of items/services exceeding $60,000.00 require City Council approval.

ACTIONS FOLLOWING APPROVAL
Staff will prepare a one-year, first amendment to the contract for janitorial services (Attachment 1) with Environment Control for the City Manager's approval . The amendment to the contract will begin on August 1, 2024, and expire on July 31, 2025.

CONFLICT OF INTEREST
None.

Prepared by: Stephen Frankian, Facilities Maintenance & Purchasing Manager

Reviewed by: City Manager JH

90 AGENDA ITEM NO. 8.

FIRST AMENDMENT TO EXCLUSIVE NEGOTIATION AGREEMENT

This FIRST AMENDMENT TO AGREEMENT (“First Amendment”) is entered into by and between Environment Control (“VENDOR”), and the City of Clovis, a Ca lifornia general law city (“CITY”), and is effective on August 1, 2024.

RECITALS

A. VENDOR and CITY entered into a certain Agreement effective on August 1 , 2021 (“AGREEMENT”), which is incorporated herein by this reference, and which, among other things, provided for the term of AGREEMENT to be extended beyond this date by mutual consent of the Parties related to Janitorial Service.

B. VENDOR and CITY have performed in accordance with the AGREEMENT, and desire to extend the contact period to provide Janitorial Services, for the amount of $566,376.00, plus $35,352 in special services.

NOW, THEREFORE, in consideration of the above recitals and other valuable consideration, the sufficiency of which is hereby acknowledged, VENDOR and CITY agree as follows:

1. Extension of the Janitorial Services Agreement. The term of the AGREEMENT, as set forth in Section 3 of the AGREEMENT, is hereby extended to provide Janitorial Services and shall expire on July 31, 2025, unless otherwise extended in writing signed by both parties.

2. All Other Terms Remain in Effect. Except as expressly set forth herein, all other terms of the Agreement shall remain unchanged and in full force and effect, including all terms defined in the AGREEMENT unless otherwise defined in this First Amendment, and the AGREEMENT shall be interpreted so as to give full force and effect to this First Amendment.

IN WITNESS WHEREOF, VENDOR and CITY have executed this First Amendment as of the effective date set forth above.

VENDOR: CITY:

Environment Control City of Clovis

By: _____________________________ By: ________________________________ John Holt, City Manager
Print Name:______________________
Title:___________________________ ATTEST:

By: ________________________________
Briana Parra, City Clerk

APPROVED AS TO FORM

________________________________
________________, City Attorney

ATTACHMENT 1 91
AGENDA ITEM NO. 8.

ATTACHMENT 292
AGENDA ITEM NO. 8.
93 AGENDA ITEM NO. 8.
94 AGENDA ITEM NO. 8.
95 AGENDA ITEM NO. 8.
96 AGENDA ITEM NO. 8.
97 AGENDA ITEM NO. 8.
98 AGENDA ITEM NO. 8.
99 AGENDA ITEM NO. 8.
100
AGENDA ITEM NO. 8.

TO: Mayor and City Council
FROM: General Services Department
DATE: August 5, 2024
SUBJECT: General Services – Approval – Res. 2 4-___, Authorizing the City Manager to Execute an Agreement for FY 2024-2025 Older Americans Act Funding for Title III C -1 Nutrition Services through the Fresno - Madera Area Agency on Aging (FMAAA); and Approval - Res. 24-___, Amending the FY 202 4-2025 General Services Department Budget to Reflect $48,000.00 in Grant Funding for the Clovis Senior Activity Center Awarded by the Fresno-Madera Area Agency on Aging.

ATTACHMENTS: 1. Res. 24-___, Grant Application

2. Grant Contract

3. Res. 24-___, Budget Amendment

RECOMMENDATION
For the City Council to approve a resolution authorizing the City Manager to execute an agreement for FY 2024-2025 Older Americans Act Funding for Title III C -1 Nutrition Services through the Fresno-Madera Area Agency on Aging (FMAAA), and for the City Council to approve a resolution amending the FY 2024 -2025 General Services Department budget to reflect $48,000.00 in grant funding for the Clovis Senior Activity Center awarded by the Fresno-Madera Area Agency on Aging.

EXECUTIVE SUMMARY
The City of Clovis has annually received funding for nutrition programs through the FMAAA. The nutrition program funding is used to provide in -center meals for seniors in need. The program was suspended at the beginning of the COVID -19 pandemic in March 2020 and reinstated in January 2024 after the new senior center opened to the community. The total grant allocation for FY 2024-2025 is $48,000.00 for administration of the in-center daily meal program.

BACKGROUND
The City of Clovis has received grant funds from the FMAAA for senior service programs since 1981. The funding is made available on an annual basis and the City must reapply each year for the grant. The FMAAA released its request for proposal for FY 2024 -2025 senior services program funding for the nutrition program.
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AGENDA ITEM NO. 9.

The City of Clovis’ allocation from FMAAA for FY2024 -2025 is $48,000.00 for the nutrition program. The expected funding will be used for senior nutrition site management which includes participant assessments, coordin ated meal orders, and on -site management of the lunch program at the Clovis Senior Activity Center at Landmark Square. An average of 100 meals are served at the center daily. The hot meals are prepared and delivered to the senior center by Fresno County EOC. The senior center has managed the senior nutrition program since 1994 and meets all the monitoring criteria for this program.

FISCAL IMPACT
The FMAAA grant funding for FY 2024-2025 is as follows:

___________________________________________________________________________

 Title III C-1 Congregant Nutrition July 2024 – June 2025 $48,000.00

Total FMAAA Funding FY 2024-2025 $48,000.00
___________________________________________________________________________

REASON FOR RECOMMENDATION
The FMAAA funds are essential in providing the nutrition programs at the Clovis Senior Activity Center. The grant funding is used to provide staff, supplies, and administration of the program.

ACTIONS FOLLOWING APPROVAL
Upon approval of the grant proposal by the FMAAA, the City Manager will sign grant contract #25-0051 for the funding.

CONFLICT OF INTEREST
None.

Prepared by: Amy Hance, Deputy General Services Director

Reviewed by: City Manager JH

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Attachment 1
RESOLUTION 24-___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS

FOR OLDER AMERICAN ACT FUNDING

WHEREAS, the City of Clovis is the direct sponsor of the Clovis Senior Services Program with partial funding from an Older Americans Act Grant from the Fresno Madera Area Agency on Aging; and,

WHEREAS, the Clovis Community Services Division provides multi -purpose supportive services at the Clovis Senior Activi ty Center, which includes information and assistance, nutrition, consumer services, community services, education, and recreation services for the older adult population in Clovis; and,

WHEREAS, the City of Clovis intends to apply for Older Americans Act funding for Title III C-1 (Nutrition services) to be administered through the Senior Service s Program of the Clovis Community Services Division located at the Clovis Senior Activity Center.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Clovis:

1. Intends to continue to be a direct sponsor of the Clovis Senior Services Program.

2. Authorizes the City Manager to submit the application for Older Americans Act funding, grant #25-0051 for FY 2024-2025 including any subsequent amendments and all necessary supporting documents.

* * * * *

The foregoing Resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on August 5, 2024, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Dated: August 5, 2024

________________________ ___________________________
Mayor City Clerk

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Area Plan Grant Award 3 FY 2024-2025
Terms and Conditions Declaration

FRESNO-MADERA AREA AGENCY ON AGING

AREA PLAN GRANT AWARD

TERMS AND CONDITIONS DECLARATION
This Agreement incorporates the terms and conditions which support an award of Area Plan Funds. Activities under this award shall be carried out in accordance with Title III and Title VII of the Older Americans Act of 1965, as amended (United States Code Title 42, Section 3001); the program regulations and policy directives relating thereto; federal and State laws; and the California Welfare and Institutions Code, Sections 9000- 9023, all of which are, or may be, operative during the term of this sub-grant award.

ARTICLE I. DEFINITIONS AND RESOLUTIONS OF LANGUAGE CONFLICTS A. “Agency on Aging” and “FMAAA” means the Fresno-Madera Area Agency on Aging interchangeably.

B. “Agreement” or “Contract” shall mean the Fresno-Madera Area Agency on Aging Area Plan Agreement; Area Plan Grant Award Terms and Conditions Declaration (Articles I through XX); Appendices; Program Exhibits; Budget Display; Attachments; Amendments; and any other documents incorporated by reference, unless otherwise provided in this Article.

C. “Allocation” means the process of assigning a cost, or a group of costs, to one or more cost objective(s), in reasonable proportion to the benefit provided or other equitable relationship. The process may entail assigning a cost(s) directly to a final cost objective or through one or more intermediate cost objectives. (2 CFR §200.1 and 45 CFR §75.2)
D.

E.

F.

G.
“Contractor” or “Service Provider” means the legal entity awarded funds under this Agreement and which is accountable to the Agency on Aging, the State, and/or federal government for use of these funds and which is responsible for executing the provisions for services provided under this Agreement.

Cal. Civ. Code: California Civil Code (CIV)
Cal. Gov. Code: California Government Code (GC)
Cal. Pub. Con. Code: California Public Contract Code (PCC) H. “CCR” means California Code of Regulations.

I. “CFR” means Code of Federal Regulations.

ATTACHMENT 2
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Terms and Conditions Declaration
J.

L.

M.

N.

O.

“Disallowed costs” means those charges determined to be unallowable, in accordance with the applicable Federal statutes, regulations, or the terms and conditions of the Federal award. (2 CFR 200.31 and 45 CFR 75.2)

HHS: Means United States Department of Health and Human Services

OAA: Means Older Americans Act

OCA: Means Older Californians Act

OMB: Means Federal Office of Management and Budget

P. “In-Kind Contributions” means the value of non-cash contributions donated to support the project or program (e.g. property, service, etc.).

Q. “Matching Contributions” means local cash and/or in-kind contributions made by the Contractor, a subcontractor, or other local resources that qualify as match for the contract funding.

R. “Program Income” means revenue generated by an Area Agency on Aging or Contractor from contract-supported activities. Program Income is:

1. Voluntary contributions received from a participant or responsible party for services received.

2. Income from usage or rental fees of real or personal property acquired with grant funds or funds provided under this Agreement.

3. Royalties received on patents and copyrights from contract-supported activities.

4. Proceeds from the sale of goods created under an Agency on Aging grant of funds.

S. “PSA 14” means the State Planning and Service Area comprised of Fresno and Madera Counties.

T. “Questioned Costs” means a cost that is questioned by the auditor because of an audit finding which resulted from a violation or possible violation of a statute, regulation, or the terms and conditions of a Federal award, including for funds used to match Federal funds; where the costs, at the time of the audit, are not supported by adequate documentation; or where the costs incurred appear unreasonable and do not reflect the actions a prudent person would take in the circumstances. (2 CFR 200.84 and 45 CFR 75.2). 105
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U. “Recoverable cost” means the questioned cost identified from an audit.

V. “Reimbursable item” also means “allowable cost” and “compensable item.” W. “State” and “Department” means the State of California and the California Department of Aging (CDA) interchangeably.

X. “Subcontract” means any form of legal agreement between the Contractor and the Subcontractor, including an agreement that the Contractor or Subcontractor would consider to be a contract, including vendor type Agreements for providing goods or services under this Agreement.

Y. “Subcontractor” means the legal entity that receives funds from the Contractor to carry out any part of a federal award identified in this Agreement.

Z. “USC” means United States Code.

AA. As used throughout this Agreement, the term “shall” is mandatory; the term “may” is permissive.

BB. The terms and conditions of this grant award and other requirements have the following order of precedence if there is any conflict in what they require:

1. 2.

The Grant Terms and Conditions

The Older Americans Act and other applicable federal statutes and their implementing regulations.

3. If applicable, the Older Californians Act and other California State codes and regulations.

4. Contract Agreement, including Area Plan Grant Award Terms and Conditions Declaration, all Appendices, all Exhibits, and any amendments thereto.

5. 6.

Program Memos and other guidance issued by the California Department of Aging.

Any other documents incorporated herein by reference, including, if applicable, the federal Health and Human Services (HHS) terms and conditions found in Part II of the HHS Grant Policy Statement. The HHS Grant Policy Statement is available under the HHS Policy Requirements Topic at: https://www.hhs.gov/grants.grants.grants-policies- regulations/index/html

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ARTICLE II. AGREEMENT
A. All elements of this Agreement, as defined in Article I, Section B, and as approved by the Agency on Aging in making this award, are hereby incorporated by reference, as if fully set forth herein.

B. Time is of the essence in this Agreement. All contracts must be signed and returned to the Fresno-Madera Area Agency on Aging within forty-five (45) days of the date on the contract cover letter. If the signed contract is not returned by the designated date and there has been no approval granted, then the funds may be reallocated by the Fresno-Madera Area Agency on Aging Governing Board. The Agency on Aging will send a Notice of Termination of Negotiations to the non-responsive Service Provider on the 46th day from the date of the contract cover letter by certified mail. A copy of the Fresno-Madera Area Agency on Aging Appeal Procedure will be sent with the letter.

C. A copy of this Agreement is on file and available for inspection at the Fresno- Madera Agency on Aging, 2520 West Shaw Lane, Suite 101A, Fresno, California, 93711.

ARTICLE III. TERM OF AGREEMENT
A. This Agreement is of no force or effect until signed by both parties hereto and approved by the Agency on Aging. The Contractor may not commence performance until such approval has been obtained, or until a signed Letter of Authority has been provided by the Agency on Aging.

B. The term of this Agreement is from July 1, 2024, through June 30, 2025, at which time the Agreement expires, subject however, to earlier termination or cancellation as herein provided. Contract awards are limited to a one-year period; however, at the discretion of the Agency on Aging, contracts may be renegotiated up to a maximum of three additional one-year periods subject to annual renegotiation and availability of federal, State, and local funding.

C. Should the Contractor or subcontractor begin work in advance of receiving notice that the Agreement is approved, and before obtaining a signed Letter of Authority from the Agency on Aging, that work may be considered as having been performed at-risk as a volunteer and may not be reimbursed or compensated.

ARTICLE IV. REASONABLENESS OF COMPENSATION
Compensation for work or services performed under this Agreement shall be reasonable and based on an analysis of job requirements and comparability with similar work or services in the local labor market.
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ARTICLE V. ASSURANCES
A. Agreement Authorization

1. If a public entity, the Contractor shall submit to the Agency on Aging a copy of the resolution, order, or motion referencing this Agreement number authorizing execution of this Agreement. If a private entity, the Contractor shall submit to the Agency on Aging an authorization by the Governing Board of the Contractor to execute this Agreement, referencing this Agreement number. These documents, including minute orders, must also identify the action taken.

2. Documentation in the form of a resolution, order, or motion by the Governing Board of the Contractor is required for the original and each subsequent amendment to this Agreement. This requirement may also be met by a single resolution from the Governing Board of the Contractor authorizing the designee to execute the original and all subsequent amendments to this Agreement.

B. Administration

1. The Contractor shall be a public entity, private nonprofit entity, or Joint Powers Authority (JPA). If a private nonprofit corporation or JPA, the Contractor shall be in good standing with the Secretary of State of California and shall maintain that status throughout the term of the Agreement.
a. Any grant awards to for-profit entities are subject to review and approval by the California Department of Aging prior to issuance of a contract by the Agency on Aging to the Contractor. [22 CCR §7362]

2. The Contractor shall ensure that any subcontractors providing services under this Agreement shall be of sound financial status. Any subcontracting private entity or JPA shall be in good standing with the Secretary of State of California and shall maintain that status throughout the term of the Agreement.

3. Failure to maintain good standing by the contracting entity shall result in suspension or termination of this Agreement with the Agency on Aging until satisfactory status is restored. Failure to maintain good standing by a subcontracting entity shall result in suspension or termination of the subcontract by the Contractor until satisfactory status is restored.

4. This Agreement is not assignable by the Contractor, either in whole or in part, without the written consent of the Agency on Aging in the form of a formal written amendment.
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5. The Contractor, and the agents and employees of the Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State or the Agency on Aging.

6. In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have full force and effect and shall not be affected.

C. Debarment, Suspension, and Other Responsibility Matters

1. The Contractor certifies to the best of its knowledge and belief, that it and its subcontractors:
a. Are not presently debarred or suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency. [45 CFR §92.35]
b. Have not, within a three-year period preceding this Agreement, been convicted of, or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, State, or local) transaction or contract under a public transaction; violation of federal or State antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, State, or local) with commission of any of the offenses enumerated in Section C.1.b of this Article.
d. Have not, within a three-year period preceding this Agreement, had one or more public transactions (federal, State, or local) terminated for cause or default.

2. The Contractor shall report immediately to the Agency on Aging, in writing, any incidents of alleged fraud and/or abuse by either the Contractor or subcontractors. The Contractor shall maintain any records, documents, or other evidence of fraud and abuse until otherwise notified by the Agency on Aging.

3. The Contractor agrees to timely execute any and all amendments to this Agreement or other required documentation relating to the Subcontractor’s debarment/suspension status.
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4. The Contractor shall notify the Agency on Aging immediately of any intention to discontinue existence of the entity or to bring an action for dissolution.

D. Law, Policy and Procedure, Licenses, and Certificates The Contractor agrees to administer this Agreement and require any subcontractors to administer their subcontracts in accordance with this Agreement, and with all applicable local, State, and federal laws and regulations including, but not limited to, discrimination, wages and hours of employment, occupational safety, and to fire, safety, health, and sanitation regulations, directives, guidelines, and/or manuals related to this Agreement and resolve all issues using good administrative practices and sound judgment.

The Contractor and its subcontractors shall keep in effect all licenses, permits, notices, and certificates that are required by law.

E. Provision of Services, Staffing, and Standards of Work

1. The Contractor shall ensure the provision of services under this Agreement, as specified by the attached exhibits, which are hereby incorporated by reference. Inadequate performance or failure to make progress so as to endanger performance of this Agreement may result in imposition of sanctions as described in Appendix F, Sanction Policy, or termination of the Agreement as described in Article XVII, Termination.

2. The Contractor shall make every effort to meet the goals and objectives stipulated in this Agreement. Performance shall not be unilaterally reduced or otherwise changed without prior consultation with, and written approval of, the Agency on Aging. A service unit reduction that impacts the Agency’s ability to provide service levels defined in its Area Plan or Area Plan Update service unit objectives requires:
a. Written approval from the California Department of Aging to the Agency on Aging if such reduction is greater than ten percent (10%). b. An Amendment to the Agency on Aging’s Area Plan if such reduction is greater than twenty percent (20%), including a public hearing; approval by the Agency’s Governing Board and Advisory Council chairpersons and the Agency’s Executive Director; and approval by the California Department of Aging. [22 CCR §7306(a)]

3. The Contractor agrees that the performance of work and services pursuant to the requirements of this Agreement shall conform to accepted professional standards.
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4. The Contractor shall maintain adequate staff to meet the Contractor’s obligations under this Agreement.

5. The Contractor shall make staff available to the California Department of Aging and the Agency on Aging for training and meetings, which the California Department of Aging or the Agency on Aging may find necessary from time to time.

F. Payroll Taxes and Deductions
The Contractor shall promptly forward payroll taxes, insurances, and contributions, including State Disability Insurance, Unemployment Insurance, Old Age Survivors Disability Insurance, and federal and State income taxes withheld, to designated governmental agencies as required by law.

G. Nondiscrimination
The Contractor shall comply with all federal statutes relating to nondiscrimination. These include those statutes and laws contained in the Contractor Certification Clauses (Appendix B), which are hereby incorporated by reference. In addition, Contractor shall ensure compliance with the following:

1. Equal Access to Federally-Funded Benefits, Programs, and Activities Contractor shall ensure compliance with Title VI of the Civil Rights Act of 1964 (42 USC §2000d; 45 CFR §80), which prohibits recipients of federal financial assistance from discriminating against persons based on race, color, religion, or national origin.

2. Equal Access to State-Funded Benefits, Programs, and Activities Contractor shall, unless exempted, ensure compliance with the requirements of California Government Code §11135 et seq., and 22 CCR 11140 et seq., which prohibit recipients of State financial assistance from discriminating against persons based on race, national origin, ethnic group identification, religion, age, sex, sexual orientation, color, or disability. [22 CCR §98323]

3. California Civil Rights Laws (Public Contract Code §2010) a. For contracts of $100,000 or more, executed or renewed after January 1, 2017, the Contractor certifies compliance with the Unruh Civil Rights Act (Section 51 of the Civil Code) and the Fair Employment and Housing Act (Section 12960 of the Government Code).
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b. For contracts of $100,000 or more, executed or renewed after January 1, 2017, if a Contractor has an internal policy against a sovereign nation or peoples recognized by the United States government, the Contractor certifies that such policies are not used in violation of the Unruh Civil Rights Act (Section 51 of the Civil Code) or the Fair Employment and Housing Act (Section 12960 of the Government Code).

4. Contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. [42 USC §12101 et seq.]

5. The Contractor shall not require proof of age, citizenship, or disability as a condition of receiving services.

6. Contractor agrees to include these requirements in all contracts it enters into with subcontractors to provide services pursuant to this Agreement.

H. Information Confidentiality and Security:

1. This Information Confidentiality and Security Requirements section sets forth the information privacy and security requirements the contractor is obligated to follow with respect to all personal, confidential, and sensitive information (as defined herein) disclosed to the contractor, or collected, created, maintained, stored, transmitted, or used by the contractor for or on behalf of the Agency on Aging pursuant to this agreement. (Such personal, confidential, and sensitive information is referred to here as PSCI.) Agency on Aging and the subcontractor desire to protect their privacy and provide for the security of Agency on Aging PSCI pursuant to this section of this agreement and in compliance with state and federal laws applicable to Agency on Aging and California Department of Aging PSCI.

The terms of this section shall apply to all contracts, subcontracts, and subawards made by the AAA in furtherance of this agreement and services provided in accordance with this agreement. The contractor shall require its agents, subcontractors, or independent consultants (collectively, agents) to conform to this section regarding California Department of Aging PSCI.

2. Definitions
a. Breach:
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i. the unauthorized acquisition, access, use or disclosure of California Department of Aging and the Agency on Aging PSCI in a manner in which compromises the security, confidentiality, or integrity of the information; or
ii. The same definition of “breach of the security system” set forth in California Civil Code section 1798.29 subdivision (f): or iii. The same as the definition of “breach” set forth in the Health Insurance Portability and Accountability Act Privacy Rule, 45 Code of Federal Regulations 164.402.
b. Confidential Information: Information that is exempt from disclosure under the provisions of the California Public Records Act (Government Code section 7920.000 Et seq.).

c. Disclosure: the release, transfer, provision of, access to, or divulging in any manner of information outside the entity holding the information
d.

PSCI: “personal information”, “sensitive information”, and “confidential information” (as these terms are defined herein).

e. Personal Information: Information that identifies or describes an individual, including, but not limited to, their name, social security number, physical description, home address, home telephone number, education, financial matters, and medical or employment history. It is CDA’s policy to consider all information about individuals private unless such information is determined to be a public record. Personal Information also includes the following:
i. Notice-Triggering Personal Information: Specific items of personal information (name plus Social Security number, driver license/California identification card number, or financial account number) that may trigger a requirement to notify individuals if it is acquired by an unauthorized person. For purposes of this provision, identity shall include, but not be limited to name, identifying number, symbol, or other identifying information assigned to the individual, such as finger or voice print or a photograph. See Civil Code section 1798.29.
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ii. Protected Health Information (PHI): The term “PHI” refers to and includes both “PHI” as defined at 45 CFR section 160.103 and Personal Information (PI) as defined in the Information Practices Act at California Civil Code section 1798.3(a). PHI includes information in any form, including paper, oral, and electronic.
f. Public Information: Information that is not exempt from disclosure under the provisions of the California Public Records Act (Government Code sections 7920.000 Et seq.).
g. Security Incident:
i. A breach or attempted breach; or
ii. The attempted or successful unauthorized access, disclosure, modification, or destruction of Agency on Aging or CDA PSCI, in violation of any state or federal low or in a manner not permitted under this agreement; or
iii. The attempted or successful modification or destruction of, or interference with, the contractor’s system operations in an information technology system, that negatively impacts the confidentiality, availability, or integrity of Agency on Aging PSCI; or
iv. Any event that is reasonably believed to have compromised the confidentiality, integrity, or availability of an information asset, system, process, data storage, or transmission. Furthermore, an information security incident may also include an event that constitutes a violation or imminent threat of violation of information security policies or procedures, including
acceptable use policies.
h. Sensitive Information: Information that requires special precautions to protect from unauthorized use, access, disclosure, modification, loss, or deletion. Sensitive Information may be either Public Information or Confidential Information. It is information that requires a higher-than-normal assurance of accuracy and completeness. Thus, the key factor for Sensitive Information is that of integrity. Typically, Sensitive Information includes records of agency financial transactions and regulatory actions.

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3. Disclosure Restrictions

The contractor shall protect Agency on Aging PSCI from unauthorized disclosure. The contractor shall not disclose, except as otherwise specifically permitted by this agreement, any Agency on Aging PSCI to anyone other than Agency on Aging personnel or programs without prior written authorization from the Agency on Aging or the California Department of Aging.

a. The contractor and the Agency on Aging mutually agree that the creation, receipt, maintenance, transmittal, and disclosure of date from the Agency on Aging containing Personal Health Information (PHI) shall be subject to the Health Insurance Portability and Accountability Act of 1996 and its implementing privacy and security regulations at 45 CFR Parts 160 and 164 (collectively and as used in this agreement, HIPPA). The contractor agrees to provide the same, or greater, level of protection to Agency on Aging data that would be required if the contractor were a Business Associate under HIPPA, regardless of whether the contractor is or is not a Business Associate.
b. To the extent that other state and/or federal laws provide additional, stricter and/or more protective (collectively, more protective) privacy and/or security protections to Agency on Aging PSCI covered under this agreement beyond those provided through HIPPA, the contractor agrees:
i. To comply with the more protective of the privacy and security standards set forth in applicable state or federal laws to the extent such standards provide a greater degree of protection and security than HIPPA or are otherwise more favorable to the individuals whose information is concerned; and
ii. To treat any violation of such additional and/or more protective standards as a breach or security incident, as appropriate. iii. Examples of laws that provide additional and/or stricter privacy protections to certain types of Agency on Aging PSCI as defined above in Section H definitions of this agreement, include but are not limited to the Information Practices Act, California Civil Code sections 1798-1798.78, Confidentiality of Alcohol and Drug Abuse Patient Records, 42 CFR Part 2, Welfare and Institutions Code Section 5328, and California Health and Safety Code section 11845.5.
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iv. If the Contractor is a Qualified Service Organization (QCS) as defined in 42 CFR section 2.11, the contractor agrees to be bound by and comply with subdivisions (2)(i) and (2) (ii) of that section.

4. Use Restrictions

The contractor shall not use any Agency on Aging or California Department of Aging PSCI for any purpose other than performing the contractor’s obligations under this agreement.

5. Safeguards and Security

The contractor shall implement administrative, physical and technical safeguards that reasonably and appropriately protect the confidentiality, integrity and availability of Agency on Aging PSCI including electronic Agency on Aging PSCI that it creates, receives, maintains, uses, or transmits on behalf of Agency on Aging. The contractor shall develop and maintain a written information privacy and security program that includes administrative, technical, and physical safeguards appropriate to the size and complexity of the contractor’s operations and the nature and scope of its activities. The contractor’s administrative, technical, and physical safeguards shall include, at a minimum:
a. Technical Security Controls:

The Contractor shall, at a minimum, utilize a National Institute of Standards and Technology Special Publication (NIST SP) 800-53 compliant security framework when selecting and implementing its security controls and shall maintain continuous compliance with NIST SP 800-53 as it may be updated from time to time. The current version of NIST SP 800-53, Revision 5, is available online at https://csrc.nist.gov/pubs/sp/800/53/r5/upd1/final; updates will be available online at https://csrc.nist.gov/publications/sp800. b. Removeable Media Devices

All electronic files that contain Agency on Aging PSCI data must be encrypted when stored on any removeable media or portable device (i.e., USB thumb drives, floppies, CD/DVD, smart devices, tapes, etc.). PSCI must be encrypted, at a minimum, using FIPS 140-2 certified algorithm or successor standards, such as Advanced Encryption Standard (AES), with a 128bit key or higher. c. Patch Management
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The Contractor shall apply security patches and upgrades and keep virus software up to date on all systems which PHI and other confidential information may be used.
d. Confidentiality Statement:

All people that will be working with the California Department of Aging and Agency on Aging PSCI must sign a confidentiality statement (Appendix C), that includes at a minimum, General Use, Security and Privacy Safeguards, Unacceptable Use, and
Enforcement Policies. The statement must be signed by all people prior to accessing the Agency on Aging PSCI. The statement must be renewed annually. The contractor shall retain each person’s written confidentiality statement for Agency on Aging inspection for a period of six (6) years following contract termination. e. Transmission and Storage of PSCI:

All persons that will be working with Agency on Aging PSCI shall employ with FIPS 140-3 compliant encryption of PHI, at rest and in motion, unless it has been determined that such encryption is unreasonable and inappropriate based upon a risk assessment and equivalent alternative measures are in place and documented as such
f. Minimum Necessary:

Only the minimum necessary amount of Agency on Aging PSCI required to perform necessary business functions applicable to the terms of this Agreement may be used, disclosed, copied, downloaded, or exported.
g. Antivirus Software:

All workstations, laptops and other systems that process and/or store Agency on Aging PSCI must install and actively use a comprehensive anti-virus software solution with automatic updates scheduled at least daily.
h. Data Security:

Agency on Aging PSCI will be stored separately from other customers’ data. Data will be stored and processed within the continental United States, and remote access to data from outside 117
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the continental United States will be prohibited. Data will be encrypted such that unauthorized parties are unable to read the data within the database/data repositories or any backups.

6. Employee Training

All persons who assist in the performance of functions or activities on behalf of the Agency on Aging, or access or disclose Agency on Aging PSCI, must complete information privacy and security training, located at https://aging.ca.gov/Information_security/ at least annually, at the contractor’s expense. Each person who receives information privacy and security training must sign a certification, indicating the member’s name and the date on which the training was completed. These certifications must be retained for a period of six (6) years following contract termination.

7. Employee Discipline:

Appropriate sanctions must be applied against persons who fail to comply with privacy policies and procedures or any provisions of these requirements, including termination of employment where appropriate.

8. Background Check:

Before a person may access Agency on Aging PSCI, a thorough background check of that person must be conducted, with evaluation of the results to assure that there is no indication that the person may present a risk to the security or integrity of confidential data or a risk for theft or misuse of confidential data. The Contractor shall retain each person’s background check documentation for a period of three (3) years following contract termination.
a. Mailing:

Mailings of Agency on Aging PSCI shall be sealed and secured from damage or inappropriate viewing of PSCI to the extent possible.

Mailings which include 500 or more individually identifiable records of Agency on Aging PSCI in a single package shall be sent using a tracked mailing method which includes verification of delivery and receipt, unless the prior written permission of Agency on Aging to use another method is obtained.
b. Security Officer:

The contractor shall designate a Security Officer to oversee its data security program who will be responsible for carrying out its privacy 118
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and security programs and for communicating on security matters with Agency on Aging.
c. Mitigation of Harmful Effects:

The Contractor shall mitigate, to the extent practicable, any harmful effect that is known to the contractor of a use or disclosure of PSCI and other confidential information in violation of the requirements of this Agreement.
d. Access to, and Accounting For, Disclosure of PSCI:

The contractor shall document and make available to Agency on Aging or (at the direction of Agency on Aging) to an Individual such disclosures of Agency on Aging PSCI and information related to such disclosures necessary to respond to a proper request by the subject Individual for an accounting of disclosures of personal information as required by 45 CFR section 164.524 or any applicable state or federal law.

9. Access to Practices, Books and Records

The Contractor shall make its internal practices, books, and records relating to the use and disclosure of PSCI on behalf of the Agency on Aging available to the Agency on Aging upon reasonable request.

10. Special Provision for SSA Data

In the Contractor receives data from or on behalf of Agency on Aging that was verified by or provided by the Social Security Administration (SSA Data) and is subject to an agreement between the Agency on Aging and SSA, the contractor shall provide, upon request by the Agency on Aging, a list of all employees and agents who have access to such data, including employees and agents of its agents, to Agency on Aging.

11. Breaches and Security Incidents

The contractor shall implement reasonable systems for the discovery and prompt reporting of any breach or security incident, and take the following steps:
a. Notice to the Agency on Aging

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email or telephone of the discovery of:
i. Unsecured Agency on Aging PSCI if the Agency on Aging PSCI is reasonably believed to have been accessed or acquired by an unauthorized person.
ii. Any suspected security incident which risks unauthorized access to Agency on Aging PSCI and/or other confidential information. iii. Any intrusion or unauthorized access, use, or disclosure of Agency on Aging PSCI in violation of this agreement: or iv. Potential loss of confidential data affecting this agreement v. Notice via email shall be made using the current CDA 1025 “Information Security Incident Report: form and shall include all information known at the time the incident is reported. The forms are available online at: https://aging.ca.gov/Information_security/ vi. Upon discovery of a breach or suspected security incident, intrusion, or unauthorized access, use or disclosure of Agency on Aging PSCI, the Contractor shall:
a. Prompt corrective action to mitigate any risks or damages involved with the security incident or breach: and
b. Any action pertaining to such unauthorized disclosure is required by applicable Federal and State Laws and
regulations.
b. Investigation of Security Incident Breach

The contractor shall immediately investigate such security incident, breach, or unauthorized use or disclosure of Agency on Aging PSCI.

c. Complete Report

The contractor shall provide a complete report of the investigation to Agency on Aging within (10) working days of the discovery of the breach or unauthorized use or disclosure. The complete report must include an assessment of all known factors relevant to a determination of whether a breach occurred under applicable federal and state laws. The report shall include a full, detailed corrective action plan including information on measures that were taken to halt and/or contain improper use or disclosure. If the Agency on Aging requests information in addition to this report, the contractor

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shall make reasonable efforts to provide the Agency on Aging with such information. Agency on Aging will review and approve or disapprove the contractor’s determination of whether a breach occurred, whether the security incident or breach is reportable to the appropriate entities, if individual notifications are required, and the contractor’s corrective action plan.
i. If the Contractor does not submit a complete report within the ten (10) working day time frame, the contractor shall request approval from the Agency on Aging within the ten (10) working timeframe for the complete report.

d. Notification of Individuals

If the cause of a breach is attributable to the contractor or its agents, the contractor shall notify individuals accordingly and shall pay all costs of such notifications as well as any costs associated with the breach. The notifications shall comply with applicable federal and state law. The Agency on Aging shall approve the time, manner, and content of any such notifications and their review and approval must be obtained before the notifications are made.

e. Responsibility for Reporting Breaches to Entities other than the Agency on Aging

If the cause of a breach of Agency on Aging PSCI is attributable to the contractor or its subcontractors, the contractor is responsible for all required reporting of the breach as required by applicable federal and state law.

f. Submission of Sample Notification to Attorney General:

If notification to more than 500 individuals is required pursuant to California Civil Code section 1798.29, regardless of whether the contractor is considered only a custodian and/or non-owner of the Agency on Aging PSCI, the contractor shall, at its sole expense and at the sole election of the Agency on Aging, either:

i. Electronically submit a single sample copy of the security breach notification, excluding any personally identifiable information, to the Attorney General pursuant to the format, content, and timeliness provisions of Section 1798.29, subdivision (e). The contractor shall inform the Agency on Aging Privacy Officer:

Hillaree Bennett, of the time, manner, and content of any such submissions prior to the transmission of such submissions to the

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Attorney General; or
ii. Cooperate with and assist the Agency on Aging in is submission of a sample copy of the notification to the Attorney General.

12. Contact Information

To direct communications to the above referenced Agency on Aging staff, the contractor shall initiate contact as indicated herein. Agency on Aging reserves the right to make changes to the contact information below by giving written notice to the contractor.

Agency on Aging Privacy Officer: Agency on Aging Information Security Officer:

Fresno-Madera Area Agency on Aging
2520 W. Shaw Ln. #101 A
Fresno, CA 93711
Attn: Program Director, Hillaree Bennett
Email: [email protected]
Telephone: 559-319-0863
Fresno-Madera Area Agency on Aging
2520 W. Shaw Ln. #101 A
Fresno, CA 93711

Attn: Executive Director, Jamie Sharma
Email: [email protected]
Telephone: 559-214-0299 ext. 500

13. Responsibility of Agency on Aging

The Agency on Aging agrees to not request the contractor use or disclose PSCI in any manner that would not be permissible under HIPPA and/or other applicable federal and/or state law.

14. Audits, Inspections, and Enforcement
a. Agency on Aging Right to Inspect

From time to time, Agency on Aging may inspect the facilities, systems, books, and records of the contractor to monitor compliance with the safeguards required in the Information Confidentiality and Security Requirements (ICSR) section. The contractor shall promptly remedy any violation of any provision of this ICSR section. The fact that Agency on Aging inspects, or fails to inspect, or has the right to inspect, the contractor’s facilities, systems, and procedures does not relieve the contractor of its responsibility to comply with this ICSR section.
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Other Audit:

If the contractor is the subject of an audit, compliance review, investigation, or any proceeding that is related to the performance of its obligations pursuant to this agreement or is the subject of any judicial or administrative proceeding alleging a violation of HIPAA, the contractor shall promptly notify the Agency on Aging unless it is legally prohibited from doing so.

15. Miscellaneous Provisions
a. Disclaimer:

Agency on Aging makes no warranty or representation that compliance by the contractor with this agreement will satisfy the contractor’s business needs or compliance obligations. The contractor is solely responsible for all decisions made by the contractor regarding the safeguarding of Agency on Aging PSCI and other confidential information
b. Amendment:

i. Any provision of this agreement which conflicts with current or future applicable federal or state laws is hereby amended to conform to the provisions of those laws. Such amendment of this agreement hall be effective on the effective date of the laws necessitating it and shall be binding on the parties even though such amendment may not have been reduced to writing and formally agreed upon and executed by the parties.
ii. Failure by the contractor to take necessary actions required by amendments to this agreement shall constitute a material violation
c. Assistance in Litigation or Administrative Proceedings

The contractor shall make itself, its employees, and agents available to the Agency on Aging at no cost to Agency on Aging to testify as witnesses in the event of litigation or administrative proceedings being commenced against Agency on Aging, its director, officers, or employees based upon claimed violation of laws relating to security and privacy, and which involves inactions or actions by the contractor (except where the contractor or its subcontractor, workforce employee, or agent is a named adverse party). 123
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d. No Third-Party Beneficiaries

Nothing in this agreement is intended to or shall confer upon any third person, any rights, or remedies whatsoever.
e. Interpretation

The terms and conditions in this agreement shall be interpreted as broadly as necessary to implement and comply with regulations and applicable laws. The parties agree that any ambiguity in the terms and conditions of this agreement shall be resolved in favor of a meaning that complies and is consistent with federal and state laws and regulations.
f. No Waiver of Obligations

No change, waiver, or discharge of any liability or obligation hereunder on any one or more occasions shall be deemed a waiver of performance of any continuing or other obligation or shall prohibit enforcement of any obligation on any other occasion.
g. Return or Destruction of Agency on Aging PSCI on Expiration or Termination

At expiration or termination of the contract, if feasible, the contractor shall return or destroy all Agency on Aging PSCI that the contractor still maintains in any form and retain no copies of such information. If return or destruction is not feasible, Agency on Aging and the contractor shall determine the terms and conditions under which the contractor may retain the PSCI.
h. Data Sanitization

All Agency on Aging PSCI must be sanitized using NIST Special Publication 800-88 standard methods for data sanitization when the Agency on Aging PSCI is no longer needed.
i. Survival

If return or destruction of Agency on Aging PSCI is not feasible upon the completion or termination of the contract, the respective rights, and obligations of the contractor under this Section shall survive the completion or termination of the contract between the contractor and the Agency on Aging. The contractor shall also limit further uses and disclosures of Agency 124
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on Aging PSCI to those purposes that make the return or destruction of the information infeasible.

I. Copyrights

1. If any material funded by the Agency on Aging is subject to copyright, the State reserves the right to copyright such material and the contractor agrees not to copyright such material, except as set forth in Article V section I.2.

2. The contractor may request permission to copyright material by writing to the Director of Agency on Aging. The Director shall grant permission or give reason for denying permission to the contractor in writing within sixty (60) days of receipt of the request

3. If the material is copyrighted with the consent of Agency on Aging, the State reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, prepare derivative works, publish, distribute and use such materials, in whole or in part, and to authorize others to do so, provided written credit is given to the author.

4. The contractor certifies that it has appropriate systems and controls in place to ensure that State funds will not be used in the performance of work outlined within this agreement or the contract for the acquisition, operation, or maintenance of computer software in violation of copyright laws.

J. Rights in Data

1. The Contractor shall not publish or transfer any materials, as defined in Section J.2 of this Article, produced or resulting from activities supported by this Agreement without the express written consent of the Executive Director and/or Program Director of the Agency on Aging. That consent shall be given or the reasons for denial shall be given and any conditions under which it is given or denied within thirty (30) days after the written request is received by the Agency on Aging. The Agency on Aging may request a copy of the material for review prior to approval of the request.

This subsection is not intended to prohibit the Contractor from sharing identifying client information authorized by the participant or summary program information that is not client-specific.

2. As used in this Agreement, the term “subject data” means writings, sound recordings, pictorial reproductions, drawings, designs or graphic representations, procedural manuals, forms, diagrams, workflow charts, equipment descriptions, data files and data processing or computer 125
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programs, and works of any similar nature (whether or not copyrighted or copyrightable) which are first produced or developed under this Agreement. The term does not include financial reports, cost analyses, and similar information incidental to contract administration.

3. Subject only to the provisions of Article V, Section H, Information Integrity and Security, and Article V, Section I, Copyrights, of this Agreement, the State and the Agency on Aging may use, duplicate, or disclose in any manner, and have or permit others to do so subject to State and federal law all subject data delivered under this Agreement.

K. Public Education and Information

(Please note: This differs from the IIIB service categories within the data dictionary that have the same names)

Public Education and Information (PE&I) falls into two categories:

1. Educational-materials that educate and inform an audience such as activity books, coloring books, brochures and posters.

2. Promotional- material that promotes, supports, or enhances efforts and directly relates to the project objective such as key chains, onboard signs, mugs, pencils, magnets, and litter bags. The State of California and California Department of Aging and Agency on Aging does NOT allow Agency on Aging funds to be used for this purpose.

Contractors and subcontractors that use Agency on Aging funds to produce educational material must receive approval from the California Department of Aging Office of Communications prior to production.

Additionally, subrecipients that use Agency on Aging funds to produce PI&E materials must receive written approval from the CDA Office of Communications in order to use any CDA logo. Subrecipients should allow a minimum of ten (10) business days for approval; they should contact the CDA Office of Communications for assistance ([email protected])

Contractors should also advise vendors that all materials used in the production of public outreach materials paid for with grant funds are the property of the contractor and the Agency on Aging and the CDA (i.e., data, plates, digital files, camera-ready artwork, designs, concepts, photographs, video and audio). The CDA reserves the right to use materials developed by the AAA and/or subcontractor.

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Inclusion of the logo and/or funding line should not interfere with the primary program messaging. Questions regarding the inclusion, size or placement of either logo or funding statement should be directed to the CDA Office of Communications
[email protected]

All documents produced must comply with Federal Acquisition Regulation, Section 508, which governs document accessibility

L. S.W.A.G Ban

The contractor and its subcontractor shall comply with the Governor’s Executive Order B-06-11, which bans expenditures on promotional and marketing items colloquially known as “S.W.A.G.” or “Stuff We All Get.” M. Advertising and Public Relations

All press releases or any program advertisement utilizing the CDA logo must be approved by the CDA Office of Communications prior to dissemination.

Approval is also required for all use of CDA logo or mention of CDA in materials. The contractor should email the draft press release to [email protected] at least fourteen (14) days in advance of the announcement or event and copy the appropriate CDA Program team.

The contractor must coordinate media and kick-off events with the CDA Office of Communications.

If CDA funds are used for outreach, including paid and earned advertising, all materials must receive preapproval from the CDA Office of Communications before publication or production. Any mention of the CDA name or organization in press or outreach materials requires prior approval. The appropriate CDA program manager will coordinate with this process. Materials should be submitted to the appropriate CDA program manager for the CDA Office of Communications for review. They will be assessed in batches of the first and fifteenth of each month, with a minimum ten (10) business day approval period.

N. Copyrights/Trademarks

The CDA reserves a royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal or state government purposes the following:

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or contract under a grant or sub grant.

2. Any right of copyright/trademark to which a contractor or subcontractor purchases ownership with grant funds.

O. Lobbying Certification
The Contractor, by signing this Agreement, hereby certifies to the best of his or her knowledge and belief, that:

1. No federally appropriated funds have been paid or will be paid, by or on behalf of the Contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

2. If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with this federal Agreement, grant, loan or cooperative agreement, the Contractor shall complete and submit Standard Form LLL, Disclosure Form to Report Lobbying, in accordance with its instructions.

3. The Contractor shall require that the language of this certification be included in the award documents for all subcontracts at all tiers (including contracts under grants, loans, and cooperative agreements which exceed $100,000) and that all subcontractors shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. This certification is a prerequisite for making or entering into this transaction imposed by 31 USC §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

P. Conflict of Interest

1. The Contractor shall prevent employees, consultants, or members of governing bodies from using their positions for purposes including, but not limited to, the selection of subcontractors, that are, or give the appearance of being, motivated by a desire for private gain for 128
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themselves or others, such as family, business, or other ties. In the event that the Agency on Aging determines that a conflict of interest exists, any increase in costs associated with the conflict of interest may be disallowed by the Agency on Aging, and such conflict may constitute grounds for termination of the Agreement.

2. This provision shall not be construed to prohibit employment of persons with whom the Contractor’s officers, agents, or employees have family, business, or other ties, so long as the employment of such persons does not result in a conflict of interest (real or apparent) or increased costs over those associated with the employment of any other equally qualified applicant, and such persons have successfully competed for employment with the other applicants on a merit basis.

Q. Covenant Against Contingent Fees

1. The Contractor warrants that no person or selling agency has been employed or retained to solicit this Agreement. There has been no agreement to make commission payments in order to obtain this Agreement.

2. For breach or violation of this warranty, the Agency on Aging shall have the right to terminate this Agreement without liability or at its discretion to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingency fee.

R. Facility Construction or Repair

1. This section applies only to Title III funds and not to other funds allocated to other Titles under the Older Americans Act.
a. When applicable for purposes of construction or repair of facilities, the Contractor shall comply with the provisions contained in the following and shall include such provisions in any applicable agreements with subcontractors:
i) Copeland “Anti-Kickback” Act [18 USC §874, 40 USC §3145] [29 CFR §3];
ii) Davis-Bacon Act [40 USC §3141 et seq.] [29 CFR §5]; iii) Contract Work Hours and Safety Standards Act [40 USC §3701 et seq.] [29 CFR §5, 6, 7, 8]; and
iv) Executive Order 11246 of September 14, 1965, entitled “Equal Employment Opportunity” as amended by Executive Order
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11375 of October 13, 1967, as supplemented in Department of Labor Regulations [41 CFR §60].
b. Payments are not permitted for construction, renovation, alteration, improvement, or repair of privately-owned property which would enhance the owner’s value of such property except where permitted by law and by the Agency on Aging.
c. When funding is provided for construction and non-construction activities, the Contractor must obtain prior written approval from the Agency on Aging before making any fund or budget transfers between construction and non-construction.

S. Grievance Process

1. The Contractor must establish a written grievance process for reviewing and attempting to resolve complaints of older individuals receiving services funded by this Agreement. At a minimum, the process shall include all of the following:
a. Time frames within which a complaint will be acted upon. b. Written notification to the complainant of the results of the review, including a statement that the complainant may appeal to the Fresno-Madera Area Agency on Aging if dissatisfied with the results of the Contractor’s review.
c. Confidentiality provisions to protect the complainant’s rights to privacy. Only information relevant to the complaint may be released to the responding party without the older individual’s consent.

2. The Contractor shall notify older individuals of the grievance process available to them by:
a. Posting notification of the process in visible and accessible areas, such as the bulletin boards in multipurpose senior centers. For areas in which a substantial number of older individuals are non-English speaking, the notification shall also be posted in the primary language of a significant number of older individuals.
b. Advising homebound older individuals of the process either orally or in writing upon the Contractor’s contact with the individuals.

3. Complaints may involve, but not be limited to, any or all of the following:
a. Amount or duration of a service.
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b. Denial or discontinuance of a service.
c. Dissatisfaction with the service being provided or with the service provider. If the complaint involves an issue of professional conduct that is under the jurisdiction of another entity, such as the California Medical Board or the State Bar Association, the complainant shall be referred to the proper entity.
d. Failure of the service provider to comply with any of the requirements set forth in CDA regulations or in this Agreement.

4. Nothing in this Article shall be construed as prohibiting older individuals from seeking other available remedies, such as presenting their complaints at an open meeting of the Contractor’s governing board.

T. Disaster Plan

1. The Contractor shall prepare and maintain a disaster plan that ensures provision of critical services to meet the emergency needs of consumers they are charged to serve during medical or natural disasters, such as earthquakes or floods, and make such plan available to the Agency on Aging upon request.

2. The Contractor shall provide annual disaster response training and a current list of community resources for all employees and volunteers, and maintain documentation of such training.

3. The Contractor shall designate a primary and a secondary emergency contact. Following an emergency or disaster, the Contractor’s designated contact shall update the Agency on Aging with the Contractor’s operational status.

4. The Contractor shall complete Exhibit F, Service Provider Emergency Resource Information, included with this agreement, and advise the Agency on Aging whenever a change to this information occurs.

U. Community Focal Points
The Contractor acknowledges that the Agency on Aging has designated locations as Community Focal Points, as required by Title 22 CCR Article 3 §7302(a)(14), 45 CFR §1321.53(c), and OAA 2006 §306(a), which are attached as Appendix J, Community Focal Points List.

ARTICLE VI. FUNDS
A. Expenditure of Funds
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1. The Contractor shall expend all funds received to perform services outlined within agreement.

2. Any reimbursement for authorized travel and per diem shall be at rates not to exceed those amounts paid by the State in accordance with the California Department of Human Resources’ (CalHR) rules and regulations.

In State:

Mileage/Per Diem (meals and incidentals)/Lodging
https://www.calhr.ca.gov/employees/pages/travel-reimbursements.aspx

Out of State: http://hrmanual.calhr.ca.gov/Home/ManualItem/1/2201

This is not to be construed as limiting the contractor from paying any differences in costs, from funds other than those provided by the Agency on Aging, between the CalHR rates and any rates the contractor is obligated to pay under other contractual agreements. No travel outside the state of California shall be reimbursed unless prior written authorization is obtained from the State. [SCM 3.17.2.A(4)]

The contractor agrees to include these requirements in all subcontracts it enters into with subcontractors to provide services pursuance to this agreement.

3. Agency on Aging reserves the right to refuse payment to the contractor or disallow costs for any expenditure, as determined by the Agency on Aging to be: out of compliance with this agreement, unrelated or inappropriate to contract activities, when adequate supporting documentation is not presented, or where prior approval was required, but was either not requested or not granted.

B. Accountability for Funds

1. The Contractor shall maintain accounting records for funds received under the terms and conditions of this Agreement. These records shall be separate from those for any other funds administered by the Contractor, and shall be maintained in accordance with Generally Accepted Accounting Principles and Procedures and the Office of Management and Budget’s Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. [2 CFR §200] [45 CFR §75]

2. The Contractor shall ensure that funding for services as outlined herein are managed and prorated monthly to ensure that adequate Older 132
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Americans Act funding is available to provide services through the ending date of this Agreement.

3. Funds made available under this Agreement shall supplement, and not supplant, any federal, State, or local funds expended by a State or unit of general purpose local government to provide Title III (excluding Title III E) and Title VII services.

C. Financial Management Systems
The Contractor shall meet the following standards for its financial management systems, as stipulated in 2 CFR §200.302 and 45 CFR §75.302:

1. Financial Reporting.

2. Accounting Records.

3. Complete Disclosure.

4. Source Documentation.

5. Internal Control.

6. Budgetary Control.

7. Cash Management (written procedures).

8. Allowable Costs (written procedures).

D. Unexpended Funds

1. No later than March 31 of the Agreement year, the Contractor shall report to the Agency on Aging if any Older Americans Act funds will remain unexpended at the ending date of this Agreement.

2. The Agency on Aging shall request and receive from the Contractor release of Older Americans Act funds for an amount mutually agreed upon by both parties, not to exceed the estimated amount of unexpended funds. The Agency on Aging shall be reasonable in its request for funds and the Contractor shall not unreasonably withhold permission for release of funds.

3. The Agency on Aging retains all rights to reallocate released funds into other programs, projects, or activities.

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Agreement, which are not payable for goods or services delivered prior to the termination, cancellation, or expiration of this Agreement, or the dissolution of the entity.

E. Funding Contingencies

1. It is understood between the parties that this Agreement may have been written before ascertaining the availability or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if this Agreement were executed after that determination was made.

2. This Agreement is valid and enforceable only if sufficient funds are made available to the State, and subsequently to the Agency on Aging, by the United States Government or the Budget Acts of the appropriate fiscal years for purposes of the contracted program(s). In addition, this Agreement is subject to any additional restrictions, limitations, or conditions enacted by the Congress or the Legislature that may affect the provisions, terms, or funding of this Agreement in any manner.

F. Limitation of State Liability

Payment for performance by the Contractor shall be dependent upon the availability of future appropriations by the Legislature or Congress for the purposes of this Agreement and approval of an itemized budget. No legal liability on the part of the State or the Agency on Aging for any payment may arise under this Contract until funds are made available; the itemized budget is approved by the State; and the Contractor has received an executed Agreement.

G. Funding Reduction

1. If funding for any State or Agency on Aging fiscal year is reduced or deleted by the Department of Finance, Legislature, or Congress for the purpose of the services outlined within this agreement, the Agency on Aging shall have the option to either:
a. Terminate the Agreement pursuant to Section A.1 of Article XVII, Termination, of this Agreement; or
b. Offer a revision to the Budget to reflect the reduced funding authorized by the authority of this agreement.

2. In the event the Agency on Aging elects to offer a revised budget display(s), it shall be mutually understood by both parties that:
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a. The Agency on Aging reserves the right to determine which programs, if any, shall be reduced.
b. Some programs may be reduced by a greater amount than others, and
c. The Agency on Aging shall determine at its sole discretion the amount that any or all of the programs shall be reduced for the applicable fiscal years.

H. Fiscal Provisions

1. The agreement must be approved prior to release and disbursement of any program funding included within these terms via the budget displays.

2. Upon release of an original or revised budget display, a separate budget for all programs affected shall be submitted electronically to the Agency on Aging’s fiscal department, within 30 days of release.

3. Budgets must be approved by the Agency on Aging’s fiscal department prior to any disbursement of funding.

4. Agency on Aging cannot disburse funds until the contract agreement is fully executed.

ARTICLE VII. BUDGET AND BUDGET REVISION
A. The Contractor shall be reimbursed for expenses only as itemized in the approved budget with the exception of line item budget transfers as noted in Section E of this Article and shall not be entitled to reimbursement for these expenses until this Agreement is approved and executed by the Agency on Aging. The approved Contractor’s budget is hereby incorporated by reference into this Agreement as a part of Exhibit B.

B. The final date to submit a budget revision to the Agency on Aging for this Agreement is March 15, 2024.

C. Indirect Costs

1. The maximum reimbursement amount allowable for indirect costs is ten percent (10%) of the Contractor’s Modified Total Direct Costs (MTDC), excluding in-kind contributions and nonexpendable equipment. Indirect costs shall not exceed ten percent (10%) of the Contractor’s MTDC per funding category.

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agencies or an allocation plan documenting the methodology used to determine the indirect costs.

3. Indirect costs exceeding the ten percent (10%) maximum may be budgeted as in-kind for purposes of meeting matching requirements in Title III and Title VII programs only. Contractors must receive prior approval from the federal awarding agency, through the Agency on Aging with approval from the California Department of Aging, prior to budgeting the excess indirect costs as in-kind.

4. For major Institutes of Higher Education and major nonprofit organizations, indirect costs must be classified within two broad categories: “Facilities” and “Administration.” “Facilities” is defined as depreciation on buildings, equipment and capital improvement, interest on debt associated with certain buildings, equipment and capital improvements, and operations and maintenance expenses.
“Administration” is defined as general administration and general expenses such as the director’s office, accounting, personnel and all other types of expenditures not listed specifically under one of the subcategories of “Facilities” (including cross allocations from other pools, where applicable). [2 CFR 200.414(a)] [45 CFR §75.414(a)] D. Program Specific Funds

1. Program Income
a. Program Income must be reported and expended under the same terms and conditions as the program funds from which it is generated.
b. Program Income must be used to pay for current allowable costs of the program in the same fiscal year that the income was earned (except as noted in Section D.1.d of this Article).
c. For Title III B, III C, III D, III E, VII Ombudsman, and VII Elder Abuse Prevention, Ombudsman Citation Penalties Account, Licensing and Certification Program Funds, Skilled Nursing Facility Quality and Accountability Funds, CARES Act, Elder Justice Act, and Older Californians Act. Program Income must be spent before contract funds (except as noted in Section D.1.d of this Article) and may reduce the total amount of contract funds payable to the Contractor. d. Program Income may not be used to meet the matching
requirements of this Agreement.
e. Program Income must be used to expand baseline services. 136
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f. If as a result of advanced funds, the project earns interest on funds awarded by the Agency on Aging, that interest shall be identified as income to the program and used for program expenditures, with full documentation on file for all programs.

2. One-Time-Only (OTO) Funds
a. OTO Funds, if any, are non-transferable between funding sources.

This means that OTO funds can only be used in the program in which they were accrued.
b. Titles III and VII federal program OTO funds shall only be used for the following purposes:
i. Home and community-based projects that are approved in advance by the California Department of Aging, and are
designed to address the unmet needs of the eligible service population identified in the Area Plan.
ii. Innovative pilot projects that are approved in advance by the California Department of Aging, and are designed for the development or enhancement of a comprehensive and
coordinated system of services as defined in 45 CFR
§1321.53(a)(b).
iii. OTO funds can be used to maintain or increase baseline services; however, the Contractor shall assure that services funded with OTO funds will not create an expectation of service delivery beyond the current Contract period. Expenditures for baseline services do not require advance approval from the California Department of Aging.
c. NSIP OTO funds shall only be used to purchase food used in the Elderly Nutrition Program.

E. Line Item Budget Transfers
The Contractor may transfer Agreement funds between line items under the following terms and conditions:

1. The Contractor shall obtain prior approval from the Agency on Aging for any line item transfer of funds that exceeds ten percent (10%) of the total budget for each funding source, and submit a revised budget to the Agency on Aging.

2. The Contractor shall maintain a written record of all budget changes and clearly document line item budget changes. The record shall include the date, amount, and purpose of the transfer. This record shall be available 137
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to the Agency on Aging upon request and shall be maintained in the same manner as all other financial records.

F. Matching Contributions

1. “Matching Contributions” is defined in Article I, Section H. a. Cash and/or in-kind contributions may count as match, if such contributions are used to meet program requirements.
b. Any matching contributions (cash or in-kind) must be verifiable from the records of the Contractor or subcontractor.
c. Matching contributions must be used for allowable costs in accordance with the Office of Management and Budget cost principles.

2. Minimum matching contributions for Older Americans Act funded grants awarded by the Fresno-Madera Area Agency on Aging are determined as follows:
a. Title III B Supportive Services (not including Ombudsman), Title III C1 Congregate Nutrition, and Title III C2 Home-Delivered Nutrition is forty percent (40%).
b.

c.

Title III E Family Caregiver Support Program is thirty percent (30%).

Long-Term Care Ombudsman Program; Title VII Elder Abuse Prevention; Title III D Health Promotion-Evidence Based: No Match Required

3. Minimum matching requirements are calculated on net costs, which are total costs less program income, non-matching contributions, and State funds.

4. Matching contributions generated in excess of the minimum required are considered overmatch.

ARTICLE VIII. PAYMENT
A. The Contractor shall prepare and submit a monthly expenditure report, as indicated in Appendix E, Required Reports and Due Dates, by the 15th of each month to the Agency on Aging, unless otherwise specified by the Agency on Aging. The report shall include all costs and funding sources for the month prior.

B. The Agency on Aging shall review the Contractor’s report to ensure compliance with the approved Agreement budget.
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C. Depending upon funding availability, the Agency on Aging shall make monthly reimbursement payments to the Contract as specified in Appendix E, Required Reports and Due Dates, of this Agreement. The Agency on Aging shall pay the Contractor a total not to exceed the amount shown on page one (1) of this Agreement.

D. The Agency on Aging may withhold payment if the Agency on Aging determines that the Agreement with the Contractor is at-risk, as described in Appendix F, Sanction Policy.

E. The Agency on Aging shall be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. Payments made after a decision to withhold funds or terminate the Agreement will be governed by Article XVII, Termination.

F. The Agency on Aging may require financial reports more frequently than indicated in Section A of this Article or more detail (or both), upon written notice to the Contractor, until such time as the Agency on Aging determines that the financial management standards are met.

G. Closeout

1. Contractor is required to submit the Financial Closeout Report for this Agreement and Fixed Assets Acquired through Grants with the Fresno- Madera Area Agency on Aging (FMAAA 32) to the Agency on Aging by July 15, 2024. All contractors are required to submit Program Property Inventory Certification annually, at the time of closeouts, to [email protected] or as instructed by FMAAA. If Agreement is terminated or cancelled prior to June 30, 2024, the Financial Closeout Report and FMAAA 32 shall be submitted to the Agency on Aging within fifteen (15) days of termination or cancellation of the Agreement.

2. Federal funds will be reduced proportionately to maintain the required matching ratios if a Contractor fails to report sufficient match.

ARTICLE IX. SUBCONTRACTS
A. The Contractor must obtain approval from the Agency on Aging prior to awarding any subcontracts for services contracted in this Agreement.

B. The Contractor shall not obligate funds for this Agreement in any subcontracts for service beyond the ending date of this Agreement.

C. The Contractor shall have no authority to contract for, or on behalf of, or incur obligations on behalf of the State of California or the Agency on Aging. 139
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D. The Contractor shall maintain on file copies of subcontracts, memorandums, and/or Letters of Understanding which shall be made available for review at the request of the Agency on Aging.

E. The Contractor shall require language in all subcontracts to require all subcontractors to comply with all applicable State and federal laws.

F. The Contractor shall require its subcontractors under this Agreement, other than units of local government which are similarly self-insured, to maintain adequate insurance coverage for general liability, Workers Compensation liabilities, and if appropriate, automobile liability including non-owned automobile and professional liability, and further, the Contractor shall require all of its subcontractors to hold the Contractor harmless. The subcontractor’s Certificate of Insurance for general and automobile liability shall also name the Contractor, not the Agency on Aging, as the certificate holder and additional insured. The Contractor shall maintain Certificates of Insurance for all of its subcontractors.

G. The Contractor shall require language in all subcontracts to require all subcontractors to indemnify, defend, and save harmless the Agency on Aging, its officers, agents, and employees from any and all claims and losses accruing to or resulting from any contractors, subcontractors, suppliers, laborers, and any other person, firm, or corporation furnishing or supplying work services, materials, or supplies in connection with any activities performed for which funds from this Agreement were used and from any and all claims and losses accruing or resulting to any person, firm, or corporation who may be injured or damaged by the subcontractor(s) in the performance of this Agreement.

H. The Contractor shall ensure that the subcontractor will complete all reporting and expenditure documents requested by the Agency on Aging. These reporting and expenditure documents shall be sent to the Contractor in a timely manner and at intervals as determined by the Agency on Aging.

I. The Contractor shall require all subcontractors to maintain adequate staff to meet the subcontractor’s agreement with the Contractor. This staff shall be available to the California Department of Aging and the Agency on Aging for training and meetings, which the California Department of Aging or the Agency on Aging may find necessary from time to time.

J. If a private non-profit corporation, the subcontractor shall be in good standing with the Secretary of State of California and shall maintain that status throughout the term of the Agreement.

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K. Small contracts (under $100,000) in the aggregate do not require a competitive process [CCR 7352(g)]. In the case of small contracts, a contractor only obtain a price or rate quotations from a number of qualified sources and informally select the source with which to contract or obtain the purchase.

1. Pre-Award Review: The Contractor shall submit the following to the Agency on Aging for review and approval for small contracts (under $100,000 in the aggregate) to a for profit entity:
a. Documentation that the aggregate value of the contract with any entity is less than $100,000.
b. A completed CDA 2000 (Conflict of Interest Disclosure Form) that discloses whether a potential or actual conflict of interest exists. c. Copies of the price or rate quotations received from qualified sources.

2. The Agency on Aging will provide a determination letter within fifteen (15) days of receipt of all required documentation confirming that the contractor has satisfied the requirements of a noncompetitive award to a for-profit entity or will provide detail as to the requirement(s) that have not been met.

3. The Contractor must maintain all documentation on file that supports a noncompetitive award to a for-profit entity, as well as the Agency on Aging’s determination letter.

L. Contracts over $100,000 in the aggregate for any entity must follow a competitive process [CCR 7352].

M. The contractor shall, prior to the awarding of a subcontract to any for-profit entity, submit the following to Agency on Aging for review and approval:

1. The request for Proposal (RFP) or Invitation to Bid

2. All bid proposals received

3. The proposal or bid evaluation documentation, along with the contractor’s rationale for awarding the subcontract to a for-profit entity [22 CCR 7362].

4. Description and documentation of dissemination of
information concerning the RFP to elicit adequate
competition [22 CCR 7356].
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Where a program may be subcontracted to a for-profit organization, the AAA should include in its contract with the for-profit entity, a requirement for performance of a program specific audit of the subcontracted program by an independent audit firm.

N. The contractor shall refer to 2 CFR 200.331, Subpart D-Subrecipient and Contractor Determinations and 45 CFR 75.351, Subpart D-Subrecipient and Contractors Determinations in making a determination if a subcontractor relationship exists. If such a relationship exists, then the contractor shall follow the procurement requirements in the applicable Office of Management and Budgets (OMB) Circular.

O. The contractor shall utilize procurement procedures as follows:

1. The contractor shall obtain goods and services through open and competitive awards. Each contractor shall have written policies and procedures, including application forms, for conducting an open and competitive process, and any protests resulting from the process.

2. For goods and services purchased with Title III or Title VII funds, the procurement procedures must include, at a minimum, the requirements set forth in 22 CCR 7352. The only exceptions are contained in 22 CCR 7360(a) and 22 CCR 7360(d). The contractor issuing a noncompetitive award must comply with 22 CCR 73600 (b)-(d).

ARTICLE X. RECORDS AND REPORTS
A. Records

1. The Contractor shall maintain complete records which shall include, but not be limited to, accounting records, contracts, agreements, a reconciliation of the Financial Closeout Report to the audited financial statements, and a summary worksheet identifying the results of performing audit resolution of its subcontractors in accordance with Article XIV, Audit Requirements, of this Agreement. This includes the following: Letters of agreement, insurance documentation, Memorandums and/or Letters of Understanding, patient or client records, and electronic files of its activities and expenditures hereunder in a form satisfactory to the Agency on Aging. All records pertaining this Agreement must be made available for inspection and audit by the Agency on Aging or its duly authorized agents, at any time during normal business hours.

2. All such records, including confidential records, must be maintained and made available by the Contractor as follows:
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a. Until an audit of the July 1, 2024 through June 30, 2025 period of expenditures has occurred and an audit resolution has been issued or unless otherwise authorized in writing by the Agency on Aging or the California Department of Aging’s Audit and Risk Management Branch;
b. For such longer period, if any, as is required by applicable statute, by any other clause of this Agreement, or by Sections 3 and 4 of this Article; and
c. For such longer period as the Agency on Aging or the State deems necessary.

3. If this Agreement is completely or partially terminated, the records relating to the work terminated shall be preserved and made available for the same periods as in Sections A.2.a through A.2.c of this Article. The Contractor shall ensure that any resource directories and all client records remain the property of the Agency on Aging upon termination of this Agreement, and are returned to the Agency on Aging or transferred to another Contractor as instructed by the Agency on Aging.

4. In the event of any litigation, claim, negotiation, audit exception, or other action involving the records, such records shall be maintained and kept available until every action has been cleared to the satisfaction of the Agency on Aging and the State and so stated in writing to the Contractor.

5. Adequate source documentation of each transaction shall be maintained relative to the allowability of expenditures reimbursed by the Agency on Aging under this Agreement. Source documentation includes, but is not limited to: vendor invoices, bank statements, cancelled checks, bank/credit card statements, contracts and agreements, employee time sheets, purchase orders, indirect cost allocation plans.

6. All records containing confidential information shall be handled in a confidential manner in accordance with the requirements for information integrity and security, and in accordance with guidelines set forth in this section. After the authorized period has expired, confidential records shall be shredded and disposed of in a manner that will maintain confidentiality.

B. Reports

1. The Contractor shall prepare and submit fiscal and performance reports as designated in Appendix E, Required Reports and Due Dates. Reports shall be submitted on forms in a format approved by the Agency on Aging.
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2. The Contractor shall assure that all fiscal and program data submitted to the Agency on Aging are timely, complete, accurate, and verifiable.

3. If supporting documentation is required as stated in Article XIV, Audit Requirements, all such documentation must accompany the monthly expenditure report.

4. All Program Income received by the Contractor shall be included on the monthly expenditure report, and expenditures supported by Program Income shall be stated in the appropriate column. Program Income shall be tracked on a “first in-first out” method. Unspent Program Income shall not exceed the equivalent of thirty (30) days average Program Income.

5. The Contractor shall cross-train staff on program data collection and reporting requirements in the event of planned or unplanned prolonged absences to ensure timely and accurate submission of data.

ARTICLE XI. PROPERTY
A. Unless otherwise provided for in this Article, property refers to all assets used in operation of this Agreement.

1. Property includes land, buildings, improvements, machinery, vehicles, furniture, tools, intangibles, etc.

2. Property does not include consumable office supplies such as paper, pencils, toner cartridges, file folders, etc.

B. Property acquired under this Agreement, which meets any of the following criteria, is subject to the reporting requirements:

1. Has a normal useful life of at least one (1) year and has a unit acquisition cost of at least $5,000 (a desktop or laptop setup is considered a unit, if purchased as a unit).

2. 3.

All computing devices, regardless of cost (including, but not limited to, workstations, servers, laptops, personal digital assistants, notebook computers, tablets, smartphones, and cellphones).

All Portable electronic storage media, regardless of cost (including but not limited to, thumb/flash drives and portable hard drives).

C. Intangibles are property which lack physical substance but give valuable rights to the owner. Examples of intangible property include patents, copyrights, leases, and computer software. By contrast, hardware consists of tangible 144
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equipment (e.g., computer printer, terminal, etc.). Costs include all amounts incurred to acquire and to ready the intangible asset for its intended use.

Typical intangible property costs include the purchase price, legal fees, and other costs incurred to obtain title to the asset.

D. Equipment/Property with per unit cost over $5,000 or any computing devices, regardless of cost, requires justification from the Contractor and approval from the California Department of Aging. The Contractor must submit a detailed listing of planned Equipment/Property purchases in its budget to the Agency on Aging (Schedule of Program/Site Supplies and Equipment Purchases, page 4 of Exhibit B, Budget). Please note an approved budget is not approval for equipment purchases. The Agency on Aging will notify the Contractor when the California Department of Aging has rendered an approval decision.

E. The Contractor shall report property acquired with funds provided under this Agreement to the Agency on Aging:

1. Title III B, Title III C, and Title VII (b): On the Monthly Report of Expenditures and Donations Revenue for the month in which the property was acquired.

2. Title III E: On the Title III E Monthly Report of Expenditures (for the Family Caregiver Support Program) for the month in which the property was acquired.

3. Long-Term Care Ombudsman Program: On the Budget
Summary/Monthly Expenditure Report and Request for Funds, Special Deposit Fund (SDF) & Skilled Nursing Facility Quality & Accountability Fund (SNFQAF) (CDA-OMB-300) for the month in which the property was acquired.

F. The Contractor shall attach receipts for the property and a list of the following information for each item of property acquired: Date acquired; complete description; model number; serial number (if applicable); cost or other basis of valuation; fund source; and specific location of the property.

G. The Contractor shall maintain a cumulative inventory, including the Asset Tag number and all information required by Section F of this Article, of all property furnished or purchased by the Contractor with funds awarded under the terms of this Agreement or any predecessor agreement for the same purpose.

H. The Contractor shall affix the Asset Tag provided by the Agency on Aging to tangible property upon receipt of the asset tag from the agency, which identifies the property as State of California property. The Contractor shall enter the Asset Tag number on the cumulative inventory records maintained by the Contractor for this Agreement.
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I. The Contractor shall conduct an annual physical inventory of all property furnished or purchased by the Contractor with funds awarded under the terms of this Agreement or any predecessor agreement for the same purpose, and submit Fixed Assets Acquired through Grants with the Fresno-Madera Area Agency on Aging (FMAAA 32) with the annual Financial Closeout Report to the Agency on Aging. Corresponding reconciliation must be kept on file and available for review by the Agency on Aging.

J. Prior to disposal of any property purchased by the Contractor or subcontractor with funds from this Agreement or any predecessor Agreement, the Contractor must obtain approval from the California Department of Aging, through the Agency on Aging, for all reportable property as defined in Section B of this Article. The Contractor shall submit a Request to Dispose of Property (FMAAA 248) to the Agency on Aging to request disposal of property.

Disposition, which includes sale, trade-in, discarding, or transfer to another agency, may not occur until approval is provided by the California Department of Aging and the Agency on Aging notifies the Contractor of the State’s instructions for disposition of property (CDA 248) to [email protected]

Once property has been disposed as per the State’s authorization and instructions, the item(s) shall be removed from the Contractor’s inventory report. Property is not to be disposed of until both the CDA 248 and STD 152 have been approved by CDA. Contractor will be liable for repayment of purchase price of equipment if Contractor disposes of equipment without prior approval from Agency on Aging and CDA.

K. The Contractor must sanitize property (remove all confidential, sensitive, or personal information) prior to disposal, including removal or destruction of data on computing devices with digital memory and storage capacity. This includes, but is not limited to, magnetic tapes, personal computers, personal digital assistants, cell or smart phones, multi-function printers, and laptops. The Contractor must attach documentation of sanitation of such devices to the Request to Dispose of Property (FMAAA 248) requesting property disposal.

L. Any loss, damage, or theft of equipment shall be investigated and fully documented, and the Contractor shall promptly notify the Agency on Aging and shall provide copies of investigative documentation and police reports as requested by the California Department of Aging. In addition, the Contractor shall complete a Request to Dispose of Property (FMAAA 248) and provide it to the Agency on Aging.

M. The State reserves title to all property purchased or financed with funds provided through the Agency on Aging that is not fully consumed in the performance of this Agreement, including property acquired with grant funds, 146
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matching funds, monetary donations, and in-kind donations as entered on the budget, budget revisions, and/or closeout report for this Agreement, unless otherwise required by federal law or regulations.

N. The Contractor shall exercise due care in the use, maintenance, protection, and preservation of such property during the period of the project, and shall assume responsibility for replacement or repair of such personal property during the period of the project and until the Contractor has complied with all written instructions from the Agency on Aging regarding the final disposition of the property.

O.

P.

In the event of the Contractor’s dissolution, or upon termination of this Agreement, the Contractor shall provide a final property inventory to the Agency on Aging. The Agency on Aging reserves the right to require the Contractor to transfer such property to another entity, or to the Agency on Aging.

To exercise the above right, no later than one hundred twenty (120) days after termination of this Agreement or notification of the contractor’s dissolution, the AAA will issue specific written disposition instructions to the contractor.

Q.

The Contractor shall use the property for the purpose for which it was intended under this Agreement.

R.

S.

The Contractor shall not use equipment or supplies acquired under this Agreement with federal and/or State monies for personal gain or to usurp the competitive advantage of a privately-owned business entity.

If purchase of property is a reimbursable item, the property to be purchased will be specified on an approved Budget.

T. The Contractor shall include the provisions contained in this Article in all its subcontracts awarded under this Agreement.

ARTICLE XII. ACCESS
A. The Contractor shall provide access to the Agency on Aging, federal or State contracting agency, Bureau of State Audits, the Comptroller General of the United States, or any of their duly authorized federal or State representatives to any books, documents, papers, and records of the Contractor or subcontractor which are directly pertinent to this specific Agreement for the purpose of an audit, examination, excerpts, and transcriptions. The Contractor shall include this requirement in its subcontracts.

ARTICLE XIII. MONITORING AND EVALUATION
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A. Welfare and Institution Code (WIC) (Division 8.5 Mello-Granlund Older Californians Act [9000 – 9757.5] Chapter 2. California Department of Aging [9100-9118.5] Article 1. General provisions [9100-9114] Section 9102 (a)) states that the State Unit of Aging shall administer all programs under the Older Americans Act of 1965, as amended, and this division, including providing ongoing oversight, monitoring, and service quality evaluation to ensure that service providers are meeting standards of service performance established by the department.

The Agency on Aging and Office of the Long-Term Care Ombudsman conduct onsite/remote monitoring visits to ensure that the contractor(s) are in compliance with all federal and State laws, regulations, policies, contracts or grant agreements (Administrative); Performance goals are achieved (Program); and Federal awards are used for authorized purposes (Fiscal).

Comprehensive onsite/remote assessments are conducted at a minimum once every four years as resource permit.

B. Authorized State representatives and the Agency on Aging shall have the right to monitor and evaluate the Contractor’s administrative, fiscal and program performance pursuant to this Agreement. Said monitoring and evaluation may include, but is not limited to, administrative processes, fiscal, data and procurement components. This will include policies, procedures, procurement, audits, inspections of project premises, interviews of project staff and participants, and when applicable, inspection of food preparation sites.

C. The Contractor shall cooperate with the State and the Agency on Aging in the monitoring and evaluation processes, which include making any administrative, program and fiscal staff available during any scheduled process.

D. The Contractor shall monitor contracts and subcontracts to ensure compliance with laws, regulations, and the provisions of contracts that may have a direct and/or material effect on each of its Agency on Aging funded programs.

E.

The Contractor is responsible for maintaining supporting documentation including financial and statistical records, contracts, subcontracts, monitoring reports, and all other pertinent records until an audit has occurred and an audit resolution has been issued or unless otherwise authorized in writing by CDA or the Agency on Aging.

F. Review, approve, and monitor its subcontractor budgets and expenditures and any subsequent amendments and revision to budgets, To the extent feasible, ensure that all budgeted funds are fully expended by the end of each fiscal year.
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ARTICLE XIV. AUDIT REQUIREMENTS
A. General

1. Any duly authorized representative of the federal or State government, which includes but is not limited to the State Auditor, CDA Staff, the Agency on Aging, and any entity selected by the State to perform inspections, shall have the right to monitor and audit Contractor and all subcontractors providing services under this Agreement through on-site inspections, audits, and other applicable means the State determines necessary. In the event that CDA is informed of an audit by an outside federal or State government entity affecting the Contractor, CDA and/or the Agency on Aging will provide timely notice to the Contractor.

2. Contractor shall make available all reasonable information necessary to substantiate that expenditures under this agreement are allowable and allocable, including, but not limited to accounting records, vendor invoices, bank statements, cancelled checks, bank/credit card statements, contracts and agreements, employee time sheets, purchase orders, indirect cost allocation plans. Contractor shall agree to make such information available to the federal government, the State, the Agency on Aging, or any of their duly authorized representatives, including representatives of the entity selected by State to perform inspections, for examination, copying, or mechanical reproduction, on or off the premises of the appropriate entity upon a reasonable request.

3. All agreements entered into by Contractor and subcontractors with audit firms for purposes of conducting independent audits under this Agreement shall contain a clause permitting any duly authorized representative of the federal or State government and the Agency on Aging access to the supporting documentation of said audit firm(s).

4. The Contractor shall cooperate with and participate in any further audits which may be required by the State, including CDA and Agency on Aging fiscal and compliance audits.

B. CDA Fiscal and Compliance Audits

1. The CDA Audits and Risk Management Branch shall perform fiscal and compliance audits of Contractors in accordance with Generally Accepted Government Auditing Standards (GAGAS) to ensure compliance with applicable laws, regulations, grants, and contract requirements.

2. The CDA fiscal and compliance audits may include, but not be limited to, a review of:
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a. Financial closeouts (2 CFR §200.1 and 45 CFR §75.2). b. Internal controls (2 CFR §200.303 and 45 CFR §75.303). c. Allocation of expenditures (2 CFR §200.1 and 45 CFR §75.2). d. Allowability of expenditures (2 CFR §200.403 and 45 CFR §75.403). e. Equipment expenditures and approvals, if required (2 CFR §200.439 and 45 CFR §75.439).

C. Contractor Single Audit Reporting Requirements

1. Contractors that expend $750,000 or more in federal funds shall arrange for an audit to be performed as required by the Single Audit Act of 1984, Public Law 98-502; the Single Audit Act Amendments of 1996, Public Law 104-156; 2 CFR §200.501 to 200.521; and 45 CFR §75.501 to

75.521. A copy shall be submitted to the Agency on Aging’s mailing address:

Fresno-Madera Area Agency on Aging
2037 West Bullard Avenue #512
Fresno, California 93711

2. The copy shall be submitted within thirty (30) days after receipt of the auditor’s report or nine (9) months after the end of the audit period, whichever occurs first, or unless a longer period is agreed to in advance by the cognizant or oversight agency.

3. For purposes of reporting, the Contractor shall ensure that State-funded expenditures are displayed discretely along with the related federal expenditures in the single audit report’s “Schedule of Expenditures of Federal Awards” (SEFA) under the appropriate Catalog of Federal Domestic Assistance (CFDA) number as referenced in Section L of this Article.

4. For State contracts that do not have CFDA numbers, the Contractor shall ensure that the State-funded expenditures are discretely identified in the “Schedule of Expenditures of Federal Awards” by the appropriate program name, identifying Agency on Aging grant/contract number, and as passed-through the California Department of Aging.

D. The Contractor shall perform a reconciliation of the “Financial Closeout Report” to the audited financial statements, single audit, and general ledgers. 150
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The reconciliation shall be maintained and made available for Agency on Aging and CDA review.

E. Contractor Resolution of Contractor’s Subrecipients

The Contractor shall have the responsibility for resolving its contracts with subcontractors to determine whether funds approved under this Agreement are expended in accordance with applicable laws, regulations, and provisions of contracts or agreements. The Contractor shall, at a minimum, perform Contract Resolution with fifteen (15) months of the “Financial Closeout Report.”
F. The Contractor shall ensure that subcontractor single audit reports meet 2 CFR §200 and 45 CFR §75, Subparts F-Audit Requirements.

G. Contract resolution includes:

1. Ensuring that subcontractors expending $750,000 or more in federal awards during the subcontractor’s fiscal year have met the audit requirements of 2 CFR §200.501-200.521 and 45 CFR §75.501-75.521.

2. Issuing a management decision on audit findings within six (6) months after receipt of the subcontractor’s single audit report and ensuring that the subcontractor takes appropriate and timely corrective action;

3. Reconciling expenditures reported to the Agency on Aging to the amounts identified in the single audit or other type of audit, if the Contractor was not subject to the single audit requirements. For a Contractor who was not required to obtain a single audit and did not obtain another type of audit, the reconciliation of expenditures reported to the Agency on Aging must be accomplished through performing alternative procedures (e.g., risk assessment [2 CFR §200.331 and 45 CFR §75.352]; documented review of financial statements; and documented expense verification, including match; etc.).

H. When alternative procedures are used, the Contractor shall perform financial management system testing which provides, in part, for the following:

1. Accurate, current, and complete disclosure of the financial results of each federal award or program.

2. Records that identify adequately the source and application of funds for each federally funded activity.
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3. Effective control over, and accountability for, all funds, property, and other assets to ensure these items are used solely for authorized purposes.

4. Comparison of expenditures with budget amounts for each federal award.

5. Written procedures to implement the requirements of 2 CFR §200.305.

6. Written procedures for determining the allowability of costs in accordance with 2 CFR §200 and 45 CFR §75, Subparts E-Cost Principles. [2 CFR §200.302 and 45 CFR §75.302]

7. The Contractor shall document system and expense testing to show an acceptable level of reliability, including a review of actual source documents.

8. Determining whether the results of the reconciliations performed necessitate adjustment of the Contractor’s own records.

I. The Contractor shall ensure that subcontractor single audit reports meet 2 CFR §200 and 45 CFR §75, Subparts F – Audit Requirements:

1. Performed timely: Not less frequently than annually and a report submitted timely. The audit is required to be submitted within thirty (30) days after receipt of the auditor’s report or nine (9) months after the end of the audit period, whichever occurs first. [2 CFR §200.512 and 45 CFR §75.512]

2. Properly procured: Use procurement standards for auditor selection. [2 CFR §200.509 and 45 CFR §75.509]

3. Performed in accordance with Generally Accepted Government Auditing Standards. [2 CFR §200.514 and 45 CFR §75.514]

4. All inclusive: Includes an opinion (or disclaimer of opinion) of the financial statements; a report on internal control related to the financial statements and major programs; an opinion (or disclaimer of opinion) on compliance with laws, regulations, and the provisions of contracts; and the schedule of findings and questioned costs. [2 CFR §200.515 and 45 CFR §75.515]

5. Performed in accordance with provisions applicable to this program as identified in 2 CFR §200, and 45 CFR §75, Subpart F-Audit Requirements.

J. Requirements identified in this Article shall be included in Contractor’s contracts with Subcontractors. Further, the Contractor shall be required to include in its contract with the independent auditor that the auditor will comply 152
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with all applicable audit requirements/standards; Agency on Aging shall have access to all audit reports and supporting work papers, and Agency on Aging has the option to perform additional work, as needed.

K. The Contractor shall prepare a summary worksheet of results from the contract resolutions performed of all subcontractors. The summary worksheet shall include, but not limited to contract amounts; amounts resolved; amounts of match verified, resolution of variances; recovered amounts; whether an audit was relied upon or the contractor performed an independent expense verification review (alternative procedures) of the Contractor/Subcontractor in making a determination; whether audit findings were issued; an if applicable, issuance date of the management letter; and any communication or follow-up performed to resolve the findings.

L. A reasonably proportionate share of the costs of audits required by, and performed in accordance with the Single Audit Act Amendments of 1996, as implemented by requirements of this part, are allowable. However, the following audit costs are unallowable:

1. Any costs when audits required by the Single Audit Act, 2 CFR §200 and 45 CFR §75, Subparts F – Audit Requirements have not been conducted or have been conducted but not in accordance therewith; and

2. Any costs of auditing a non-federal entity that is exempted from having an audit conducted under the Single Audit Act, 2 CFR §200 and 45 CFR §75, Subparts F – Audit Requirements because its expenditures under federal awards are less than $750,000 during the non-federal entity’s fiscal year. a. The costs of a financial statement audit of a non-federal entity that does not currently have a federal award may be included in the indirect cost pool for a cost allocation plan or indirect cost proposal. b. Pass-through entities may charge federal awards for the cost of agreed-upon-procedures engagements to monitor subcontractors who are exempted from the requirements of the Single Audit Act, 2 CFR §200 and 45 CFR §75, Subparts F – Audit Requirements. This cost is allowable only if the agreed-upon-procedures engagements are conducted in accordance with Generally Accepted Government Auditing Standards (GAGAS) attestation standards, paid for and arranged by the pass-through entity, and limited in scope to one or more of the following types of compliance requirements: Activities allowed or not allowed; allowable costs/cost principles; eligibility; and reporting. [2 CFR 200.425]
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The following closely related programs identified by CFDA number are to be considered as an “other cluster” for purposes of determining major programs or whether a program-specific audit may be elected. The Contractor shall identify the CFDA titles and numbers to the independent auditor conducting the organization’s single audit along with each of its subcontractors. The funding source (Federal Grantor) for the following programs is the U.S.

Department of Health and Human Services, Administration for Community Living.

93.041 Special Programs for the Aging – Title VII-A, Chapter 3 – Programs for Prevention of Elder Abuse, Neglect, and
Exploitation (Title VII-A, Chapter 3)

93.042 Special Programs for the Aging – VII-A, Chapter 2 – Long Term Care Ombudsman Services for Older Individuals Title VII-A, Chapter 2)

93.043 Special Programs for the Aging – Title III, Part D – Disease Prevention and Health Promotion Services (Title III D)

93.044 Special Programs for the Aging – Title III, Part B – Grants for Supportive Services and Senior Centers (Title III B)

93.045 Special Programs for the Aging – Title III, Part C – Nutrition Services (Title III C)

93.052 National Family Caregiver Support Program – Title III, Part E (Title III E)

93.053 Nutrition Services Incentive Program (NSIP)
“Cluster of programs” means a grouping of closely related programs that share common compliance requirements. The types of clusters of programs are research and development, student financial aid, and other clusters. “Other clusters” are defined by the consolidated CFR in the Compliance Supplement or as designated by a state for federal awards provided to its subcontractors that meet the definition of “cluster of programs.” When designating an “other cluster,” a state shall identify the federal awards included in the cluster and advise the subcontractors of compliance requirements applicable to the cluster. A “cluster of programs” shall be considered as one program for determining major programs, as described in 45 CFR §75.525(a), whether a program-specific audit may be elected. (Federal Office of Management and Budget, [45 CFR §75 Requirements], Audits of States, Local Governments [45 CFR §75 Appendix V to Part 75 F.1], and Non-Profit Organizations [45 CFR §75 Appendix IV to Part 75 C.2.a])
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M. The Contractor must indicate which method of providing audit compliance will be in force during this Agreement (Appendix D, Method of Providing Audit Compliance).

ARTICLE XV. INSURANCE
A. Prior to commencement of any work under this Agreement, the Contractor shall provide for the term of this Agreement, the following insurance:

1. General Liability of not less than $1,000,000 per occurrence for bodily injury and property damage combined (higher limits may be required by the Agency on Aging in cases of higher than usual risks).

2. Automobile Liability, including non-owned automobile liability, of not less than $1,000,000 for volunteers and paid employees providing services supported by this Agreement.

If applicable, or unless otherwise amended by future regulation, the Contractor and subcontractors shall comply with the Public Utilities Commission General Order No. 115-G which requires higher levels of insurance for charter-party carriers of passengers and is based on seating capacity as follows:
• $ 750,000 if seating capacity is under 8.
• $1,500,000 if seating capacity is 8–15.
• $5,000,000 if seating capacity is over 15.

3. Professional Liability of not less than $1,000,000 as it appropriately relates to services rendered. Coverage shall include medical malpractice and/or errors and omissions. (All programs except Title V).

B.

The insurance will be obtained from an insurance company acceptable to the State Department of General Services, Office of Risk and Insurance Management, or be provided through partial or total self-insurance acceptable to the State Department of General Services (DGS).

C. Evidence of insurance shall be in a form and content acceptable to the State Department of General Services, Office of Risk and Insurance Management.

D The Contractor shall notify the Agency on Aging within five (5) business days of any cancellation, non-renewal, or material change that affects required insurance coverage.

E. Insurance obtained through commercial carriers shall meet the following requirements:
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1. The Certificate of Insurance shall include the Contract Number listed on page 1 of this Agreement and provide the statement:

“The Fresno-Madera Area Agency on Aging, its officers, agents, employees, and servants are included as additional insureds, with respect to work performed for the Fresno-Madera Area Agency on Aging under this Agreement.”

Professional Liability coverage is exempt from this requirement.

2. The Fresno-Madera Area Agency on Aging shall be named as the certificate holder and its mailing address (2037 West Bullard Avenue, #512, Fresno, CA 93711) must be listed on the certificate.

F. The insurance provided herein shall be in effect at all times during the term of this Agreement. In the event the insurance coverage expires during the term of this Agreement, the Contractor agrees to provide the Agency on Aging, at least thirty (30) days prior to the expiration date, a new Certificate of Insurance evidencing insurance coverage as provided herein for a period not less than the remaining Agreement term or for a period not less than one (1) year. In the event the Contractor fails to keep in effect at all times said insurance coverage, the Agency on Aging may, in addition to any other remedies it may have, terminate this Agreement.

G. A copy of each appropriate Certificate of Insurance, or letter of self-insurance, referencing this Agreement number shall be submitted to the Agency on Aging with this Agreement.

H. The Contractor shall be insured against liability for Worker’s Compensation, or undertake self-insurance in accordance with the provisions of the California Labor Code and Contractor affirms to comply with such provisions before commencing the performance of the work of this Agreement. [Cal. Labor Code §3700]
I. The entity providing Ombudsman services must be insured or self-insured for professional liability covering all Ombudsman activities including, but not limited to, investigation of patient complaints.

J. Contractor agrees to indemnify, defend, and save harmless the Fresno- Madera Area Agency on Aging, State of California, their officers, agents, and employees from any and all claims and losses occurring or resulting to any and all Contractors, subcontractors, material, laborers, and any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of this Agreement, and also from any and all claims and losses occurring or resulting in any person, firm or corporation, 156
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who may be injured or damaged by Contractor in the performance of this Agreement.

ARTICLE XVI. DONATIONS
A. The Contractor assures that voluntary contributions shall be allowed and may be solicited in accordance with the following requirements [OAA §315(b)]:

1. The Contractor or any subcontractors for any Title III or Title VII-A services shall not use means tests.

2. Any Title III or Title VII-A client who does not contribute toward the cost of the services received shall not be denied services.

3. Methods used to solicit voluntary contributions for Title III and Title VII-A services shall be non-coercive. Donation letters sent to clients shall stipulate that contributions are voluntary and not required to receive service. Donation letters may not resemble a bill or statement.

4. Each Contractor will:
a. Provide each recipient with an opportunity to voluntarily contribute to the cost of the service;
b. Clearly inform each recipient that there is no obligation to contribute and that the contribution is purely voluntary;
c. Protect the privacy and confidentiality of each recipient with respect to the recipient’s contribution or lack of contribution; and d. Establish appropriate procedures to safeguard and account for all contributions.
e. Use all collected contributions to expand the services for which the contributions were given and to supplement (not supplant) funds received under this Agreement.

ARTICLE XVII. TERMINATION
A. Termination Without Cause

1. The Agency on Aging may terminate performance of work under this Agreement at any time during the Agreement term, without cause in whole or in part, if the Agency on Aging determines that a termination is in the Agency on Aging’s best interest, upon ninety (90) days written notice to the Contractor. The Notice of Termination shall specify the 157
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extent of the termination and shall be effective ninety (90) days from the delivery of the Notice.

The Agency on Aging may, at its discretion, decline to negotiate additional one-year Agreement periods with the Contractor beyond the initial one-year contract award term, or, as a result of the Request for Proposal process, reject the Contractor’s proposal for provision of service beyond the term of this Agreement; in such cases, the Agency on Aging shall provide a minimum of thirty (30) days written notice to the Contractor of non-renewal or non-award of the contract, effective on the last day of the term of this Agreement.

The parties agree that if the termination of the contract is due to a reduction or deletion of funding by the Department of Finance (DOF), Legislature, or Congress, the Notice of Termination shall be effective thirty (30) days from the delivery of the Notice from the State of California to the Agency on Aging.

The parties agree that for the terminated portion of the Agreement, the remainder of Agreement shall be deemed to remain in effect and is not void.

2. The Contractor may terminate this Agreement at any time during the Agreement term by giving the Agency on Aging ninety (90) days written notice. In the event of termination notice, the Agency on Aging will present written notice to the Contractor of any condition, such as, but not limited to, transfer of clients, care of clients, return of unspent funds, and disposition of property, which must be met prior to termination of the Agreement.

3. Contractor shall, at least ninety (90) days prior to the end of the term of this Agreement, give written notice to the Agency on Aging if it intends to discontinue provision of any programs or services included in this Agreement during the subsequent Agreement period. The purpose of this requirement is to provide sufficient planning and transition time during the course of this Agreement period to ensure continuity of services to clients.

B. Termination for Cause

1. The Agency on Aging may terminate, in whole or in part, for cause the performance of work under this Agreement. Agency on Aging mat terminate this agreement upon thirty (30) days written notice to the contractor. The Notice of Termination shall be effective thirty (30) days from the delivery of the Notice of Termination unless the grounds for 158
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termination are due to threat to life, health or safety of the public and in that case, the termination shall take effect immediately. The Contractor shall submit to the Agency on Aging a Transition Plan as specified in this agreement. The grounds for termination for cause shall include, but are not limited to, the following:
a. In case of threat of life, health, or safety to the public, termination of the agreement shall be effective immediately.
b. A violation of the law or failure to comply with any condition of this Agreement.
c. Inadequate performance or failure to make progress so as to endanger performance of this Agreement.
d. Failure to comply with reporting requirements.
e. Evidence that the Contractor is in an unsatisfactory financial condition as determined by an audit of the Contractor or evidence of a financial condition that endangers performance of this Agreement and/or the loss of other funding sources.
f. Delinquency in payment of taxes or payment of costs for performance of this Agreement in the ordinary course of business. g. Appointment of a trustee, receiver, or liquidator for all or a substantial part of the Contractor’s property, or institution of bankruptcy, reorganization or the arrangement of liquidation proceedings by or against the Contractor.
h. Service of any writ of attachment, levy of execution, or commencement of garnishment proceedings against the
Contractor’s assets or income.
i. The commission of an act of bankruptcy.
j. Finding of debarment or suspension.
k. The Contractor’s organizational structure has materially changed. l. The Agency on Aging determines that the Contractor may be considered a “high risk” agency as described in 2 CFR 200.205 AND 45 CFR 75.205. If such a determination is made, the Contractor may be subject to special conditions or restrictions, as described in Appendix F, Sanction Policy.
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m. Program operations have been suspended for more than three (3) consecutive months in any budget year, unless a longer period is granted in writing by the Agency on Aging.

2. Termination of this Agreement shall take effect immediately in the case of an emergency, such as threat to life, health, or safety of the public, or when program operations have been suspended for more than three (3) consecutive months in any budget year. In all other cases of termination for cause, the termination shall take effect thirty (30) days subsequent to written notice to the Contractor.

3. In the event of termination for cause, the Agency on Aging may proceed with the work in any manner deemed proper by the State. All costs to the Agency on Aging shall be deducted from any sum due the Contractor under this agreement and the balance, if any, shall be paid to the Contractor upon demand.

C. In the event of termination of this Agreement by the Agency on Aging, the Agency will present written notice to the Contractor describing the action being taken by the Agency on Aging, the reason for such action, and any conditions of the termination, including, but not limited to, the date of termination, transfer of clients, care of clients, return of unspent funds, and disposition of property, which must be met prior to termination. Said notice shall also inform the Contractor of its right to appeal such decision to the Agency on Aging and of the procedure for doing so. (Appendix G, Appeal Procedure for Service Providers)
D. Contractor’s Obligation After Notice of Termination

1. After receipt of a notice of termination, and except as directed by the Agency on Aging, the Contractor shall immediately proceed with the following obligations, as applicable, regardless of any delay in determining or adjusting any funds due under this clause.

The Contractor shall:
a. Stop work as specified in the Notice of Termination; b. Place no further subcontracts for materials, or services, except as necessary to complete the continued portion of the contract; c. Terminate all subcontracts to the extent they relate to the work terminated;
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d. Settle all outstanding liabilities and termination settlement proposals arising from the termination of subcontracts (the approval or ratification of which will be final for purposes of this clause); and e. Comply with all additional terms of this Agreement pertaining to termination or cancellation of the Agreement.

ARTICLE XVIII. REMEDIES AND APPEAL PROCESS
A. The Contractor agrees that any remedy provided in this Agreement is in addition to and not in derogation of any other legal or equitable remedy available to the Agency on Aging as a result of a breach of this Agreement by the Contractor, whether such breach occurs before or after completion of the project. Specifically, the Agency on Aging reserves the right to pursue all remedies allowed to it under the Older Americans Act, and all regulations adopted pursuant to the Act or implementing the Act, regarding the expenditure of federal funds.

B. The Contractor may appeal an adverse determination by the Agency on Aging using the Appeal Procedure for Service Providers, which is set forth in Appendix G, for actions subject to appeal, as defined in Appendix G, Section I.A, Actions Subject to Appeal.

C. The Contractor may appeal the Agency on Aging’s final adverse determination once all administrative remedies contained in Appendix G, Appeal Procedure for Service Providers, have been exhausted, using the appeal process established in Title 22 CCR §7700 to 7710.

D. The Contractor shall continue with the responsibilities under this Agreement during any dispute.

E. Appeal costs or costs associated with any court review are not reimbursable.

ARTICLE XIX. AMENDMENTS, REVISIONS OR MODIFICATIONS
A. No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed, and approved by both parties; the Agency on Aging, and by a duly authorized representative of the Contractor. No oral understanding or agreement not incorporated in this Agreement is binding on any of the parties.

B. Any provision of this Agreement which conflicts with current or future applicable federal or state laws is hereby amended to conform to the provisions of those laws. Such amendment of this Agreement shall be effective on the effective date of the laws necessitating it and shall be binding on the parties even though such amendment may not have been reduced in writing and formally agreed upon and executed by the parties.
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C. Failure by the contractor to take necessary actions required by amendments to this agreement shall constitute a material violation. An amendment is required to change the Contractor’s name as listed on this Agreement. Any notice given to the Agency on Aging for a Contractor’s change of legal name, main address, or name of Director shall be addressed to the Fresno-Madera Agency on Aging’s Executive Director and/or Program Director on the Contractor’s letterhead. Upon receipt of legal documentation of the name change, the Agency on Aging will process the amendment. Invoices presented by the Contractor with the Contractor’s new name cannot be paid prior to the Agency on Aging’s approval of said amendment.

D. The Agency on Aging reserves the right to revise, waive, or modify the Agreement to reflect any restrictions, limitations, or conditions enacted by Congress or the Legislature or as directed by the Executive Branch and State government.

ARTICLE XX. NOTICES
A. Any notice to be given hereunder by either party to the other may be affected by personal delivery in writing or by registered or certified mail, overnight mail, postage prepaid, return receipt requested, provided the contractor retains receipt, and shall be communicated of actual receipt.

B. Notices to the Agency on Aging shall be addressed to the Fresno-Madera Area Agency on Aging at its current mailing address, 2037 West Bullard Avenue, #512, Fresno, CA 93711, and notices to the Contractor shall be addressed to the Contractor’s address as indicated on page 1 of this Agreement, unless otherwise requested in writing.

C. Each party may change its address originally provided in this Agreement by written notice to the other party in accordance with this Article.

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Resolution of
Authorization to Contract
Appendix A FY 2024-2025

APPENDIX A

RESOLUTION OF AUTHORIZATION TO CONTRACT
The governing board of
(Service Provider)
hereby authorizes
(Name and Title)
to execute the contract(s) listed on Page 1 of this Agreement with the Fresno - Madera Area Agency on Aging for the fiscal year beginning July 1, 2024 to June 30, 2025 including any subsequent amendments and all necessary supporting documents.

Name of Chair (Please Print)
Governing Board
Signature of Chair
Governing Board
Date
the City of Clovis
John Holt, City Manager
Mayor Lynne Ashbeck
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APPENDIX B

CONTRACTOR CERTIFICATION CLAUSES
Contractor Certification
Clauses
Appendix B FY 2024-205
Contractor/Bidder Firm Name (Printed)
Federal ID Number
Date Executed
Executed in the County of
CERTIFICATION:

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

By (Authorized Signature)
Printed Name and Title of Person Signing

CONTRACTOR CERTIFICATION CLAUSES

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

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

John Holt, City Manager
Fresno
City of Clovis - Senior Services
94-6000311
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CONTRACTOR CERTIFICATION CLAUSES
Contractor Certification
Clauses
Appendix B FY 2024-205
c. Every employee who works on the proposed Agreement will:
1) receive a copy of the company's drug-free workplace policy statement; and, 2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement.

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

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

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

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

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

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

6. SWEATFREE CODE OF CONDUCT:
a. All Contractors contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished 165
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CONTRACTOR CERTIFICATION CLAUSES
Contractor Certification
Clauses
Appendix B FY 2024-205
to the state pursuant to the contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The contractor further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108.
b. The contractor agrees to cooperate fully in providing reasonable access to the contractor’s records, documents, agents or employees, or premises if reasonably required by authorized officials of the contracting agency, the Department of Industrial Relations, or the Department of Justice to determine the contractor’s compliance with the requirements under paragraph (a).

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

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

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

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

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

Former State Employees (Pub. Contract Code §10411):
1). For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency. 166
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CONTRACTOR CERTIFICATION CLAUSES
Contractor Certification
Clauses
Appendix B FY 2024-205
2). For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service.

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

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

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

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

5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:
a. When agreements are to be performed in the state by corporations, the contracting agencies will be verifying that the contractor is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled.
b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit.

Although there are some statutory exceptions to taxation, rarely will a corporate contractor performing within the state not be subject to the franchise tax.
c. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California. Agencies will determine whether a corporation is in good standing 167
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Appendix B – Page 5 FY 2024-2025
by calling the Office of the Secretary of State.

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

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

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

INFORMATION INTEGRITY AND SECURITY STATEMENT
Information Integrity and
Security Statement
Appendix C – Page 1 FY 2024-2025
In compliance with California Government Code Section 11019.9, California Civil Code Section 1798 et seq., Department of General Services Management Memo 06-12, and Statewide Information Management Manual (SIMM) 5300 the California Department of Aging (CDA) hereby requires the Contractor/Vendor to:

ACKNOWLEDGE:
• Any wrongful access, inspection, use, or disclosure of Personal, Confidential or Sensitive Information (PSCI) is a crime and is prohibited under state and federal laws, including but not limited to California Penal Code Section 502, California Government Code Section 15619, California Civil Code Section 1798.53 and 1798.55, and the Health Insurance Portability and Accountability Act. Acknowledge. • Any wrongful access, inspection, use, disclosure, or modification of PSCI information may result in termination of this Contract/Agreement.

MEET THE FOLLOWING REQUIREMENTS:
• PSCI information shall be protected from disclosure in accordance with all applicable laws, regulations, and policies.
• PSCI data be protected by authorized access using the principles of least privilege. • Any occurrence that actually or potentially jeopardizes the confidentiality, integrity, or availability of an information system or the information the system processes, stores, or transmits or that constitutes a violation or imminent threat of violation of security policies, security procedures or acceptable use policies will immediately be reported to CDA by completing a Security Incident Report CDA (1025A and 1025B). • All access codes which allow access to confidential information will be properly safeguarded.
• Obligations to protect PSCI information obtained under this Contract/Agreement will continue after termination of the Contract/Agreement with CDA. • All employees/subcontractors of the Contractor/Vendor will complete the required Security Awareness Training module located at
https://aging.ca.gov/Information_security/ within 30 days of the start date of the Contract/ Agreement or within 30 days of the start date of any new employee or subcontractor. This training must be completed annually.
• All employees/subcontractors of the Contractor/Vendor must comply with CDA’s confidentiality and data security requirements as outlined in the Contract/Agreement. • All
employees/subcontractors of the Contract/Vendor must comply with the Area Plan Terms and Conditions Agreement, Article V, Section H Information Confidentiality and Security requirements as outlined in the contract.
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APPENDIX C

INFORMATION INTEGRITY AND SECURITY STATEMENT
Information Integrity and
Security Statement
Appendix C – Page 2 FY 2024-2025
CERTIFY:

To protect PSCI information by:
• Accessing, inspecting, using, disclosing or modifying PSCI information only for the purpose of performing official duties.
• Never accessing, inspecting, using, disclosing, or modifying PSCI information for curiosity, personal gain, or any non-business-related reason. • Securing PSCI information in approved locations.
• Never removing PSCI information from the work site without authorization.

Meets the encryption requirements in Article V, Section H of the Area Plan Terms and Conditions Agreement:

Is in full compliance with the 128 Encryption requirements Is not in compliance with the 128 Encryption requirements and will achieve compliance by
I hereby certify that I have reviewed this Confidentiality Statement and will comply with the above statements.

Vendor Printed Name and Title
Vendor Signature Date
Program Name Contract Number
X X
John Holt, City Manager
Title III C1 Congregate Nutrition Site Management 25-0051 170
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APPENDIX D

METHOD OF PROVIDING AUDIT COMPLIANCE
Audit Compliance
The service provider shall indicate which method of providing audit compliance to the Fresno-Madera Area Agency on Aging (Agency on Aging) will be in force during this Agreement.

1. Review Article XIV of this Agreement (Audit Requirements).

2. Place a checkmark in the appropriate box below:

An independent audit shall be performed in accordance with the requirements of 2 CFR §200, Subpart F - Audit Requirements, and 45 CFR §75, Subpart F - Audit Requirements, and a copy submitted to the Agency on Aging.

An independent audit shall be performed and a copy submitted to the Agency on Aging.

All supporting documentation shall be submitted to the Agency on Aging for review along with any request for reimbursement.

Enter Fiscal Year Ending Date
Month Day Year
Method of Providing Appendix D FY 2024-2025
XX
June 30 2025
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APPENDIX E

REQUIRED REPORTS AND DUE DATES
Required Reports & Due Dates Appendix E – Page 1 FY 2024-2025 Fiscal Reports
*Expenditure Reports by Program
Title III B, Title III C, Title III D, and Title VII Programs Due 15th of each month • Monthly Report of Expenditures and
Donations Revenue
Title III E Family Caregiver Support Program Due 15th of each month • Title III E Monthly Report of Expenditures
Health Insurance Counseling and Advocacy Program Due 15th of each month • HICAP Monthly Report of Expenditure/Request for Funds (CDA 245) Long-Term Care Ombudsman Program Due 15th of each month • Budget Summary/Monthly Expenditure Report & Request for Funds, Special Deposit Fund & Skilled Nursing Facility Quality and Accountability Fund (CDA-OMB-300) * Payments are made by the last day of the month for accurate expenditure reports received by the due date. Late or inaccurate expenditure report submissions will result in delay of payments until reporting requirements have been met.

Additional Fiscal Reports – All Programs
• Final Budget Revisions
o Due by March 15th
• Annual Financial Close Out Report and FMAAA 32, Fixed Assets Acquired through Grants with the Fresno-Madera Area Agency on Aging
o Due by July 15th with exception of HICAP
▪ HICAP Financial Closeout Report for federal and State funds from April 1- March 31 due by April 30th
• Copy of Audit, as required by contract
o Due within 30 days after receipt of auditor’s report, or nine months after end of audit period, whichever is earliest
• Request to Dispose of Property (FMAAA 248)
o Due within 5 days of the loss, destruction, or theft of property, or if the property will no longer be used for the contracted program
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APPENDIX E

REQUIRED REPORTS AND DUE DATES
Required Reports & Due Dates Appendix E – Page 2 FY 2024-2025 Program Reports
Monthly Service Unit Report (Form 186M)
Due 7th working day of month:
• Title III D Health Promotion – Evidence-Based
• Title III E Family Caregiver Support Program
• Title VII (b) Elder Abuse Prevention, Education, & Training Due 15th of each month:
• Health Insurance Counseling and Advocacy Program (HICAP) o Attach final version of HICAP Performance Measures and Benchmark Report generated from SHARP system for reporting month
Due 17th of month:
• Title III B Legal Assistance
*Monthly Title III C Elderly Nutrition Program Reports
Due 7th working day of month:
• Q Monthly Service Roster with client signatures and a “1” entered for in date column for each meal served
• Daily Sign-In Sheets with initials entered by client for each meal • Associated
Client Intake Forms (originals; must be completed July 1, 2024 or later) • Client Deactivation Request
• Nutrition Volunteer Summary Report
• Food Preparation Center Food Service Check Sheet
*See Policy and Procedure Manual, provided to Site Coordinator, for full instructions.

Quarterly Reports
Due 15th of month following reporting period:
• Title VII (b) Elder Abuse Prevention Quarterly Activity Report (CDA 1037) • Due 17th of month following reporting period:
• Title III B California Legal Services Quarterly Client and Case Data Export Excel Files Due 30th of month following reporting period:
• Long-Term Care Ombudsman Program
o Copy of completed Quarterly Ombudsman Reporting Form (OSLTCO S301) as submitted to the California Department of Aging
▪ Attach program performance data from the Ombudsman Data Integration Network for July 1st through last day of reporting quarter. 173
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APPENDIX F

FRESNO-MADERA AREA AGENCY ON AGING SANCTION POLICY
Sanction Policy Appendix F – Page 1 FY 2024-2025
I. At-Risk Designation
Title 45 of the Code of Federal Regulations (45 CFR), sections 75.205 and

92.12, defines factors that determine if an Agreement with a Contractor is at risk. In accordance with 45 CFR, the Fresno-Madera Area Agency on Aging (Agency on Aging) may consider an Agreement with a Contractor to be at -risk if the Agency on Aging determines that the Contractor:

A. Has a history of unsatisfactory performance, for which examples include, but are not limited to:

1. Grant funds are not obligated properly, are not disbursed, or are not spent for the contracted purpose;

2. Financial reports do not include program income and the required match of funds;

3. The quantity of service units provided is less than 95% of th e projected level at any time following the third month of the Agreement period;

4. The Targeting Plan is not implemented as described in the Program Narrative section of the Agreement;

5. Complaints received from clients, their caretakers, or the general public indicate that the Contractor is not providing the contracted service at a satisfactory level.

B. Is not financially stable;
C. Has a management system which does not meet the management standards set forth in Article VI, Section B, Accountability for Funds , of this Agreement;
D. Has not conformed to terms and conditions of previous awards; or E. Is otherwise not responsible, for which examples include, but are not limited, to:

1. Financial or program reports are late, incorrect, or incomplete;

2. Responses to corrective actions requested by the Agency on Aging are not provided by the due date;

3. Corrective action plans are not implemented by the due date;

4. Findings from a prior contract monitoring are repeated in a subsequent monitoring;
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Sanction Policy Appendix F – Page 2 FY 2024-2025

5. Failure to respond to telephone or written communications from the Agency on Aging in a timely manner; or

6. A violation of the law or failure to comply with any condition of this Agreement.

II. Sanctions
The Agency on Aging may impose sanctions (special conditions and/or restrictions) on the Contr actor that correspond to the at -risk condition. Such sanctions may include:

A. Withholding of funds;
B. Requiring additional, more detailed, and/or more frequent financial and/or program reports;
C. Requiring preparation and implementation of an acceptable corrective action plan;
D. Additional contract monitoring;
E. Requiring the Contractor to obtain technical or management assistance; F. Establishing additional prior approvals; and/or
G. Withholding authority to continue provision of service within a given funding period.

Sanctions may be imposed upon approval by the Executive Director of the Agency on Aging, with the exception of Item II.G above, which requires approval by the Agency on Aging Governing Board.

For sanctions identified in Items II.A through II.F above, the A gency on Aging will promptly remove sanctions once the conditions that prompted them have been corrected.

For the sanction identified in Item II.G above, the sanction will be removed when the Contractor takes corrective action satisfactory to the Agency on Aging and/or the Contractor has been restored to satisfactory status in accordance with the terms and conditions of this Agreement.

III. Notification to Provider
The Agency on Aging will provide written notification to the Contractor of any sanctions imposed via certified or overnight mail, return receipt requested. Such notification will include:
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Sanction Policy Appendix F – Page 3 FY 2024-2025
A. The nature of the sanctions;
B. The reason(s) for imposing them;
C. The effective date of the sanctions;
D. The legal or contractual citation upon which the sanction is based; E. The corrective actions which must be taken before they will be removed and the time allowed for completing the corrective actions; and F. The Agency on Aging’s appeal procedure for service providers.

IV. Unresolved At-Risk Condition(s)
Should the at -risk co ndition(s) remain unresolved following the imposition of sanctions, the Agency on Aging may proceed to terminate the Agreement with the Contractor, in accordance with the Termination section of this Agreement (Article XVII, Title III and Title VI Area Plan Contracts; Article XVI, Health Insurance Counseling and Advocacy Program Contract).
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APPENDIX G

FRESNO-MADERA AREA AGENCY ON AGING

APPEAL PROCEDURE FOR SERVICE PROVIDERS
Appeal Procedure Appendix G – Page 1 FY 2024-2025
for Service Providers
I. Actions Subject to Appeal
A. A contracted or potential provider of service (service provider) has the right to appeal an adverse determination made by the Fresno- Madera Area Agency on Aging (A gency on Aging). The actions below shall be considered adverse determinations that are subject to appeal [Title 22 CCR §7704 (c)(1) – (c)(3)(C)]:

1. A
reduction in the level of funding to an existing Contractor during an Agreement period; however, a reduction directly attributable to a reduction in the funding to the Area Agency on Aging by the State or federal government shall not be considered an adverse determination.

2. A cancellation or t ermination of an existing Agreement with the Contractor prior to the Agreement’s expiration date.

3. Denial of an application to provide services when any of the following exist:
a) The presence of a conflict of interest, real or apparent, as specified in 45 CFR 92.36(b)(3);
b) The occurrence of a procedural error or omission, such as the failure of the Agency on Aging to include a federal mandate in its solicitation request;
c) The lack of substantial evidence to support the Agency on Aging’s action.

II. M
ethod of Notification
A. T
he service provider shall provide notification of appeals, and the Agency on Aging shall provide notification of subsequent appeals determinations, by certified or overnight mail, return receipt requested.

B. N
otices to the Agency on Aging shall be addressed to the Fresno- Madera Area Agency on Aging, 2037 W. Bullard Ave., #512, Fresno, CA 93711. 177
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Appeal Procedure Appendix G – Page 2 FY 2024-2025
for Service Providers
C. The Agency on Aging shall transmit notification to the address listed on the service provider’s appeal; if this address differs from the address listed on page 1 of the service provider’s Agreement with the Agency on Aging , the Agency on Aging shall transmit a copy of the notification to the address contained on page 1 of the Agreement.

D. T
he Agency on Aging shall include a copy of this Appeal Procedure for Service Providers with all notifications to service providers of adverse appeals determinations.

III. P
rocess
A. T
he service provider shall give notice of intent to appeal to the Executive Director of the Agency on Aging within ten (10) business days of the Agency on Aging’s notice of adverse determination. The notice of intent to appeal shall be in writing, must state the specific grounds upon which the action by the Agency on Aging is appealed, and must be accompanied by all supporting documents.

B. T
he Executive Director of the Agency on Aging shall investigate the appeal and issue a written determination to the service provider within fifteen (15) business days of receipt of the appeal. The determination shall set forth the Agency on Aging’s position and specify applicable sections of the service provider’s Agreement with the Agency on Aging, government regulations, government statutes, or other provisions relied upon.

C. I
f the service provider is dissatisfied with the Agency on Aging Executive Director’s determination, the service provider may appeal to the Executive Committee of the Agency on Aging Governing Board within ten (10) business days of the date of the Agency on Aging Executive Director’s written determination. The appeal shall be in writing, shall specify the grounds upon which the determination is appealed, and must be accompanied by all supporting documents.

D. T
he Executive Committee of the Agency on Aging Governing Board (Executive Committee) shall, within fifteen (15) business days of receipt of the service provider’s appeal:

1. R
eview the service provider’s appeal, considering any additional evidence or documentation provided by the Agency on Aging Executive Director;

2. Determine if the appeal should be denied, or if a recommendation should be made to the full Agency on Aging Governing Board at its next scheduled meeting to take action to grant the appeal; and 178
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Appeal Procedure Appendix G – Page 3 FY 2024-2025
for Service Providers

3. Provide written notification of its determination to the service provider.

E. I
f the service provider is dissatisfied with the Executive Committee’s determination, the service provider may request a hearing before the full Agency on Aging Governing Board. The service provider must request the hearing within ten (10) business days of the Executive Committee’s written notification of determination. The hearing request shall be in writing, shall specify the grounds upon which the determination is appealed, and must be accompanied by all supporting documents.

F. I
f the Agency on Aging Governing Board does not accept and implement the Executive Committee’s recommendation to grant the service provider’s appeal:

1. T
he Agency on Aging shall provide written notification to the service provider of the Governing Board’s decision within two (2) business days following the decision;

2. The service provider may request a hearing before the Agency on Aging Governing Board. The service provider must request the hearing within ten (10) business days of the date of the notification of the Agency on Aging Governing Board’s decision . The hearing request shall be in writing, shall specify the grounds upon which t he determination is appealed, and must be accompanied by all supporting documents.

G. U
pon receipt of the service provider’s request for a hearing before the Agency on Aging Governing Board, the Agency on Aging will place the hearing on the agenda of the next regularly scheduled meeting of the Agency on Aging Governing Board, and provide the service provider with a copy of the published agenda.

1. T
he hearing before the Agency on Aging Governing Board shall consist of:
a) R
eceipt and review of all previously subm itted documents concerning the appeal;
b) Submission in writing by the service provider of any additional information or documentation supporting the
service provider’s position;
c) An oral presentation by the service provider, not to exceed thirty (30) minutes; and
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Appeal Procedure Appendix G – Page 4 FY 2024-2025
for Service Providers
d) An oral presentation by the Agency on Aging Executive Director and/or Agency on Aging staff, not to exceed thirty (30) minutes.

2. A
t the conclusion of the hearing, the Agency on Aging Governing Board shall vote to accept or deny the service provider’s appeal. a) I
f the appeal is denied, the Agency on Aging Governing
Board shall notify the service provider in writing of the reason(s) the appeal was denied, including a statement that all appeal procedures to the Agency on Aging and its
Governing Board have been exhausted, and of the service provider’s right to appeal the Governing Board’s decision to the California Department of Aging. Such notification shall include a copy of Sections 7700 through 7710 of Title 22 of the California Code of Regulations, which contains the
process for appealing the determination to the California Department of Aging.
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Fresno-Madera Area Agency on Aging
Contact List for Service Providers
Appendix H FY 2024-2025

APPENDIX H

FRESNO-MADERA AREA AGENCY ON AGING
2520 WEST SHAW LANE, SUITE 101A, FRESNO CA 93711

PROGRAM CONTACT LIST FOR SERVICE PROVIDERS
Telephone Number for All Contacts: (559) 214-0299
Jamie Sharma – Ext. 500
Executive Director
Email: [email protected]
Fax: (559) 243-5918
Paul Bustamante – Ext. 501
Director of Finance
Email: [email protected]
Fax: (559) 243-5918
Hillaree Bennett – Ext. 102
Program Director
Email: [email protected]
Fax: (559) 243-5918
Vacant – Ext. 401
Finance Manager
Email: [email protected]
Fax: (559) 243-5918
Sarah Santoyo--Ext 201
Nutrition Program Manager
Email: [email protected]
Fax: 559-243-5918 181
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APPENDIX I

FRESNO-MADERA AREA AGENCY ON AGING
Fresno-Madera Area Agency on Aging
Emergency Contact Information
Appendix I FY 2024-2025

EMERGENCY CONTACT INFORMATION
Information and Assistance: (559) 214-0299
(800) 510-2020
Executive Director,
Emergency Coordinator,
and Public Relations Officer
Jamie Sharma
Office Address: 2520 W. Shaw Lane #101A
Fresno, CA 93711
Mailing Address: 2037 W. Bullard Ave. #512
Fresno, CA 93711
Office Phone: (559) 214-0299 Ext. 500
Program Director,
Alternate Emergency
Coordinator
Hillaree Bennett
Office Address: 2520 W. Shaw Lane #101A
Fresno, CA 93711
Mailing Address: 2037 W. Bullard Ave. #512
Fresno, CA 93711
Office Phone: (559) 319-0863
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APPENDIX J

COMMUNITY FOCAL POINTS LIST
Community Focal Points Appendix J FY 2024-2025
CCR Title 22, Article 3, Section 7302(a)(14), 45 CFR Section 1321.53(c), OAA 2006 306(a) Definition of Focal Point: A facility established to encourage the maximum collocation and coordination of services for older individuals. (42 USC Section 3002 (21)) Planning and Service Area 14 - Designated Community Focal Points Fresno County
Fresno-Madera Area Agency on Aging 2520 W. Shaw Ln. #101A Fresno, CA 93711 Clovis Senior Center 753 3RD St. Clovis, CA 93612
Coalinga Senior Center 220 E. Forest Ave. Coalinga, CA 93210 Firebaugh Senior Center 1601 Thomas Conboy Ave. Firebaugh, CA 93622 Huron Senior Center 16900 5th St. Huron, CA 93234
Inspiration Park 5770 W Gettysburg Ave Fresno, CA 93722 Kerman Senior Center 720 S. 8th St. Kerman, CA 93630
Kingsburg Senior Center 1450 Ellis St. Kingsburg, CA 93631 Mary Ella Brown Community Center 1350 E. Annadale Ave. Fresno, CA 93706 Mendota Senior Center 415 Sorenson Ave. Mendota, CA 93640 Mosqueda Community Center 3670 E. Butler Ave. Fresno, CA 93702 Orange Cove Senior Center 699 6th St. Orange Cove, CA 93646 Pinedale Community Center 7170 N. San Pablo Ave. Pinedale, CA 93650 Reedley Senior Center 100 N. East Ave. Reedley, CA 93654 Sanger Senior Center 730 Recreation Ave. Sanger, CA 93657 Sierra Oaks Senior and Community Center 33276 Lodge Rd. Tollhouse, CA 93667 Ted C. Wills Community Center 770 N. San Pablo Ave. Fresno, CA 93728 Madera County
Chowchilla Senior Center 820 Robertson Blvd. Chowchilla, CA 93610 Frank A. Bergon Senior Center 238 S. D St. Madera, CA 93637 Pan-American Community Center 703 E. Sherwood Way Madera, CA 93638 Ranchos/Hills Senior Center 37330 Berkshire Dr. Madera Ranchos, CA 93636 Sierra Senior Center 49111 Cinder Ln. Oakhurst, CA 93644 Coarsegold Community Center 35610 CA-41 Coarsegold, CA 93614 North Fork Scout Center 33507 Rd. 230 North Fork, CA 93643 183
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APPENDIX K

REQUEST FOR TAXPAYER IDENTIFICATION NUMBER AND CERTIFICATION Please complete and sign Internal Revenue Service Form W-9, which is provided on the next page.

Please return only the signature page (page 1). Pages 2-6 are provided for your information only.

Request for Taxpayer Identification Appendix K FY 2024-2025 184
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Form W-9
(Rev. March 2024)
Department of the Treasury
Internal Revenue Service
Request for Taxpayer
Identification Number and Certification
Go to www.irs.gov/FormW9 for instructions and the latest information.

Give form to the
requester. Do not
send to the IRS.

Before you begin. For guidance related to the purpose of Form W-9, see Purpose of Form, below. 1 Name of entity/individual. An entry is required. (For a sole proprietor or disregarded entity, enter the owner’s name on line 1, and enter the business/disregarded entity’s name on line 2.)
2 Business name/disregarded entity name, if different from above. 3a Check the appropriate box for federal tax classification of the entity/individual whose name is entered on line 1. Check only one of the following seven boxes.

Individual/sole proprietor C corporation S corporation Partnership Trust/estate LLC. Enter the tax classification (C = C corporation, S = S corporation, P = Partnership) . . . .

Note: Check the “LLC” box above and, in the entry space, enter the appropriate code (C, S, o r P) for the tax classification of the LLC, unless it is a disregarded entity. A disregarded entity should instead check the appropriate box for the tax classification of its owner.

Other (see instructions)
3b If on line 3a you checked “Partnership” or “T rust/estate,” or checked “LLC” and entered “P” as its tax classification, and you are providing this form to a partnership, trust, or estate in which you have an ownership interest, check this box if you have any foreign partners, owners, or beneficiaries. See instructions . . . . . . . . . 4 Exemptions (codes apply only to
certain entities, not individuals;
see instructions on page 3):

Exempt payee code (if any)
Exemption from Foreign Account Tax
Compliance Act (FATCA) reporting
code (if any)
(Applies to accounts maintained
outside the United States.)
5 Address (number, street, and apt. or suite no.). See instructions. Requester’s name and address (optional) 6 City, state, and ZIP code
7 List account number(s) here (optional)
Part I Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later.

Note: If the account is in more than one name, see the instructions for line 1. See also What Name and Number To Give the Requester for guidelines on whose number to enter.

Social security number
– –
or
Part II Certification
Under penalties of perjury, I certify that:

1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and

2. I am not subject to backup withholding because (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and

3. I am a U.S. citizen or other U.S. person (defined below); and

4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.

Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and, generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later.

General Instructions
Section references are to the Internal Revenue Code unless otherwise noted.

Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9.

What’s New
Line 3a has been modified to clarify how a disregarded entity completes this line. An LLC that is a disregarded entity should check the appropriate box for the tax classification of its owner. Otherwise, it should check the “LLC” box and enter its appropriate tax classification.

New line 3b has been added to this form. A flow-through entity is required to complete this line to indicate that it has direct or indirect foreign partners, owners, or beneficiaries when it provides the Form W-9 to another flow-through entity in which it has an ownership interest. This change is intended to provide a flow-through entity with information regarding the status of its indirect foreign partners, owners, or beneficiaries, so that it can satisfy any applicable reporting requirements. For example, a partnership that has any indirect foreign partners may be required to complete Schedules K-2 and K-3. See the Partnership Instructions for Schedules K-2 and K-3 (Form 1065).

Purpose of Form
An individual or entity (Form W-9 requester) who is required to file an information return with the IRS is giving you this form because they Cat. No. 10231X Form W-9 (Rev. 3-2024)
Employer identification number
Sign Signature of
Here U.S. person
–
Print or type.

See Specific Instructions on page 3.
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