Pa2e 2 Line 1 b ----->
E.
FMAAA
GRANT
49,113
1,137
50,250
50,250
NOTE: Ift/rere is more t/ra11 011e employee per position, list each separately. Use additional pages as 11ecessary.
IN-KIND PERSONNEL COSTS NUMBER OF
DESCRIPTION OF WORK PERFORMED VOLUNTEERS
Volunteers assisting with the nutrition program - room set up, meal prep, clean up, and breakdown 25 CONTRACT NO: 26-0051
REVISION NO:
G. H. l. J.
PROGRAM MATCHING NON- TOTAL
[NCOME FUNDS MATCHING PERSONNEL
FUNDS COSTS
49,113
24,428 25,565
572 6,797 7,369
25,000 6,797 82,047
2,453 2,453
59,073 59,073
25,000 68,323 143,573
AVE.ANNUAL TOTAL RATE TOTAL HOURS PER
VOLUNTEER ANNUAL HRS PER HOUR IN-KIND
120.00 3,000 $ 18.00 54,000
54,000
175
AGENDA ITEM NO. 8.
(Revised June 2024) FRESNO - MADERA AREA AGENCY ON AGING PROGRAM BUDGET BY INCOME SOURCE: FY 2025-2026
CONTRACTING AGENCY: City of Clovis CONTRACT NO: 26-0051 PROGRAM: Title III Cl Congregate Site Nutrition Management REVISION NO:
A. D. E. F. G.
FMAAA PROGRAM MATCHING NON- TOTAL IN-KIND
GRANT INCOME FUNDS MATCHING CASH MATCH
CATEGORY FUNDS
1. SALARIES & BENEFITS
a. Salaries 25,000 6,797 82,047
b. Payroll Taxes 2,453 2,453
c. Employee Benefits & Work. Comp. 59,073 59,073
1. PERSONNEL COSTS 25,000 68,323 143,573 54,000
2. TRAVEL AND TRAINING
a. Staff Travel
b. Volunteer Travel
c. Training
2. TRAVEL AND TRAINING
3. EQUIPMENT PURCHASE ( * )
4. CONSULT ANTS
DO NOT USE - FOR FUTURE USE ONLY
6. PROGRAM/SITE SUPPLIES ( ** )
7 OTHER COSTS:
a. Liability Insurance
b. Telephone
c. Office Supplies
d. Postage
e. Building Rent
f. Building Maintenance
g. Equipment Maintenance
h. Vehicle Maintenance
i. Utilities
j. Printing
k. Memberships/Licenses
l. Subscriptions/Publications
m. Advertising
n.
o.
7. OTHER COSTS:
TOT AL DIRECT COSTS 25,000 68,323 143,573 54,000
8. INDIRECT COSTS (Attach narrative)
TOTAL COSTS 25,000 68,323 143,573 54,000
176
AGENDA ITEM NO. 8.
(Revised June 2024) FRESNO - MADERA AREA AGENCY ON AGING SCHEDULE OF FUNDING SOURCES: FY 2025-2026
CONTRACTING AGENCY: City of Clovis -----------'------------- PROGRAM: Title III Cl Congregate Site Nutrition Management ----------"'----='----------"'------
1. FMAAA Grant
3. Program Income:
Current Year Program Income
Deferred Program Income
4. Matching Funds - Cash & In-Kind (List Source):
a. City of Clovis
b.
c.
d.
5. Non-Matching Funds [Federal Funds/Other Program Match] - Cash & In-Kind (List Source):
a. City of Clovis
b.
c.
6. TOT AL FUNDING
(These totals must agree with the totals shown at the bottom of Page 2 column F and G) Total from Page 2, Columns F and G
Variance (must be zero)
CONTRACT NO: 26-0051-------
REVISION NO:
PROGRAM
B. CASH C. IN-KIND
50,250
25,000
67,323 54,000
1,000
143,573 54,000
143,573 54,000
0 0
177
AGENDA ITEM NO. 8.
(Revised June 2024) FRESNO - MADERA AREA AGENCY ON AGING SCHEDULE OF PROGRAM/SITE SUPPIES AND EQUIPMENT PURCHASES: FY 2025-2026 CONTRACTING AGENCY: ___________ C_ity-'--o_f_C_lo_v_is __________ _ CONTRACT NO: ------26-0051 PROGRAM: _____ T_ i_tl_ e_ I_I I_ C_I _C_o_n_..g'-r e_,g._a _t e_S_it _e _N_u_tr_i_ti_o_n _M_ a_ n_a_.g'-e_m_ e_n_t ____ _ REVISION NO: ------ ITEM Estimated Estimated Estimated Estimated
QUANTITY Estimated per unit How is the item to be used for the amount paid by amount paid by amount paid by Item Type / Descripton Month of PROGRAM (Must List Purchase purchase program the grant is funding? FMAAA/ fNCOME MATCH number) cost ( ••• ) GRANT funding fundinu funding
I PURCHASES FOR "PROGRAM/ SITE SUPPLIES" EXCEEDING $JOO PER JNDfVIDUAL OR SINGLE ITEM:
a
b
C
d
e
f
g
h
i
i
k
1 m
n
0 D
a
TOTAL PURCHASES FOR "PROGRAM/ SITE SUPPLIES" EXCEEDING $100 PER INDIVIDUAL OR SINGLE ITEM:
2 PURCHASES FOR "EOUJPMENT PURCHASE" EXCEEDING $500 PER INDIVIDUAL OR SINGLE ITEM:
a
b
C
d
e
TOTAL PURCHASES FOR "EQUIPMENT PURCHASE" EXCEEDING $500 PER INDfVIDUAL OR SINGLE ITEM:
••• Costs to include est.imated purchase of the individual / single item to be purchased, any taxes, any shipping and installation costs. 178
AGENDA ITEM NO. 8.
Exhibit B
BUDGET
Instructions
Please review all instructions before preparing the budget.
The budget forms provided with this contract consist of four pages:
These pages are a hard copy of an Excel workbook that the Agency on Aging e-mails to each contracting organization. The workbook contains four separate worksheets, one for each page of the budget.
The following rules apply to all budget pages.
• Please prepare a single budget for the entire 12-month funding period. (Please note that the maximum amount of grant funding that can be disbursed will be limited to the amounts and periods shown on page 1 of the contract.)
• Please use the Excel workbook and prepare the budget worksheets in sequence so that formulas (cells in shaded areas) calculate across work. • If your organization does not have access to Excel, please type all entries. Handwritten budgets are not acceptable.
• If using Excel, please do not make any entries in shaded areas of the budget forms, as they contain formulas.
• Please do not change pre-printed line-item descriptions. • The following heading must appear on all budget pages:
o Contracting Agency: The legal name of the contracting agency. o Contract No.: Enter the contract number shown on page 1 of this contract. o Program: Funding Source (i.e., Title Ill C1) and Contracted Program (i.e., Nutrition Site Management) shown on page 1 of this contract.
o Revision No.: If providing a revision to a previously approved budget, please enter the revision number.
Exhibit B Instructions Page 1 of 10 FY 2025-2026 179
AGENDA ITEM NO. 8.
Definitions:
In-Kind consists of services and/or supplies provided free of charge to your organization from an outside source.
Matching Funds (cost-sharing) means the value of third-party in-kind contributions and that portion of the of a grant-supported project or program not borne by the federal government.1 Neither costs nor the values of third-party in-kind contributions may count towards satisfying a cost-sharing or matching requirement of a U.S. Department of Health and Human Services grant if they have been or will be counted towards satisfying a cost-sharing or matching requirement of another federal grant, a federal procurement contract, or any other award of federal funds. 2 In other words, matching funds are your share of the program costs plus any in-kind program costs that are not otherwise dedicated to another federal funding source.
Program income cannot be used to meet matching requirements. Program income can only be used to fund the expenses for the respective program for which the program income was received and must be spent before grant funds. Program income must be used to pay for current allowable costs of the program in the same fiscal year that the income was earned.
Minimum matching contributions for Older Americans Act funded grants awarded by the Fresno Madera Area Agency on Aging for Title Ill B Supportive Services, Title Ill B (Ombudsman), Title Ill C1 Congregate Nutrition, and Title Ill C2 Home-Delivered Nutrition programs are determined as follows: 10 percent of the sum of the grant award plus the minimum matching contributions. This can be quickly computed by dividing the grant amount by nine (9).
Any funds used for the contracted program that meet the definition of "matching funds" should be entered in budget fields that require entry of matching funds.
Non-Matching funds are other federal awards and/or cash or in-kind costs used to match other federal awards.
Deferred Program Income is unspent program income from the prior year contract that have been approved by the FMAAA to be carried forward to the current year contract. A letter must be on file with the FMAAA detailing the program income and requesting approval to carry them forward to the new contract.
Indirect costs are those: a) incurred for a common or joint purpose benefiting more than one cost objective; and b) not readily assignable as a direct cost, without effort disproportionate to the results achieved. To facilitate equitable distribution of indirect expenses to the cost objectives served, it may be necessary to establish a number of pools of indirect costs within a governmental unit department or in other agencies providing services to a governmental unit department.
Indirect cost pools should be distributed to benefited cost objectives on bases that will produce an equitable result in consideration of relative benefits derived.
If your organization has a federally approved Cost Allocation Plan, attach a copy of the plan to the budget. If your organization is charging the contracted program indirect costs based on an internal cost allocation plan (a plan other than a federally approved Cost Allocation Plan), provide a full disclosure of the method used that includes a listing of the types of services/supplies included in the cost allocation plan. This plan must have the prior approval from the FMAAA before being used.
Personnel Costs-Annual full-time effort (FTE) wage rates and personnel classifications together with the percentage of time to be charged, specified for each fund source. 2 CFR 200.430 must 1 Federal Grants Management Handbook Grants Management Advisory Service, February, 1992, Subpart G Ss 74.51. 2 Federal Grants Management Handbook Grants Management Advisory Service, February, 1992, Subpart G Ss 74.53.
Exhibit B Instructions Page 2 of 10 FY 2025-2026 180
AGENDA ITEM NO. 8.
be followed for rules regarding allowability of personnel costs. Specific emphasis of section (i) of 2 CFR 200.430:
i. Charges to Federal awards for salaries and wages must be based on records that accurately reflect the work performed. These records must:
1. Be supported by a system of internal control which provides reasonable assurance that the charges are accurate, allowable, and properly allocated;
2. Be incorporated into the official records of the non-federal entity;
3. Reasonably reflect the total activity for which the employee is compensated by the non-Federal entity, not exceeding 100% of compensated activities;
4. Support the distribution of the employee's salary among specific activities or cost objectives if the employee works on more than one Federal award; a Federal award and non-Federal award, an indirect cost activity and a direct cost activity; two or more indirect activities which are allocated using different allocations bases; or an unallowable activity and a direct or indirect cost activity.
5. Budget estimates (i.e. estimates determined before the services are performed) alone do not qualify as support for changes to Federal awards. ii. Salaries and wages of employees used in meeting cost sharing or matching requirements on Federal award must be supported in the same manner as salaries and wages claimed for reimbursement from Federal awards.
Exhibit B Instructions Page 3 of 10 FY 2025-2026 181
AGENDA ITEM NO. 8.
Personnel Budget Detail (Budget Page 1 of 4)
Column Column
Label Title
A Position
B
C
D
Title
FTE % (40
Hrs=100%)
Full Annual
Salary
% of Time
on
Program
Exhibit B Instructions
Instructions
List all paid positions for the contracted program. These positions must agree with those listed under Staffing on page 4 of Exhibit E, Program Narrative. Use additional copies of page 1 if more than 10 positions. If there are multiple positions with the same title, list them separately and enter a distinguishing description, such as Driver-Route 1; Driver Route 2, etc. Do not enter names of any of the individuals filling the positions.
Full Time Equivalency (FTE) is a percentage of time each position works per week for your organization in total, based on a 40-hour work week (full time); if the individual works 40 hours per week, the FTE % is 100%. If a position works 25 hours per week, the FTE is 62.5% (25 hours divided by 40 hours).
Full Annual Salary is the total salary your organization plans to pay this position for all work performed during the contract period. The Total Payroll Taxes (FICA, SUI, FUTA) and Total Benefits (including Workers' Compensation Insurance)
should only be listed at the bottom of Columns E through Column I (see page 5 of Instructions, Total Payroll Taxes and Total Benefits).
This is the percentage of time this position will work on the contracted program. For example, if a full-time position spends 10 hours per week on the contracted program, the percentage of time on program would be 25% (10 hours
divided by 40 hours). If a position works 25 hours per week, and 10 hours of this week is spent on the contracted
program, the percentage of time on program would be 40% (10 hours divided by 25 hours).
Note: Current 2 CFR 225 guidelines state that an organization receiving federal funds may budget by estimated percentage; however, the organization must keep adequate records
indicating the actual time worked and reconcile cost
a/locations for personnel to actual time worked periodically during the grant period. This can be achieved by funding positions across differing cost objectives and keeping time logs. Time logs must be certified by the employee and at least one supervisor, and must be available during a fiscal
monitoring.
AGENDA ITEM NO. 8.
Personnel Budget Detail (Budget Page 1 of 4) - Continued Column Column Instructions Label Title
E FMAAA For each position listed, enter the amount of the grant for Grant the contracted program that will be allocated for each position.
F DO NOT DO NOT USE - FOR FUTURE USE
USE
G Program Enter any Program Income that will be applied to listed Income positions. Must be reported and expended under the same terms and conditions as the program funds from which it is Qenerated.
H Matching Enter any matching funds that will be applied to listed Funds positions.
I Non- Enter any non-matching funds that will be applied for listed Matching positions.
Funds
J Total Total of Columns E through I for each position listed; the Personnel result should equal Column C (Full Annual Salary) Costs multiplied by Column D (% of Time on ProQram).
Exhibit B Instructions Page 5 of 10 FY 2025-2026 183
AGENDA ITEM NO. 8.
Personnel Budget Detail (Budget Page 1 of 4) - Continued Row Label Instructions
Total Salaries Total of each column, Columns E through I. The total of all entries on this row is calculated for Column J.
Total Payroll Enter the total payroll taxes that are a cost of the contractor Taxes (FICA, SUI, FUTA) for all positions listed, distributed among Columns E through I. The total of all entries on this row is calculated for Column J.
Total Benefits Enter the total benefits costs that are a cost of the contractor, including retirement and Workers' Compensation insurance, for all positions listed, distributed among Columns E through I. The total of all entries on this row is calculated for Column J.
Total Personnel The amounts of the rows Total Salaries, Total Payroll Taxes, Costs and Total Benefits are combined for this row. The total of all entries in the Total Personnel Costs row is calculated for Column J.
In-Kind Personnel Costs
Description of Work Performed Enter type(s) of work to be conducted by volunteers in support of the contracted program,
i.e., "Assist with serving meals."
Number of Volunteers Enter the number of volunteers that will conduct the type of work listed.
Hours per Volunteer Number of hours each volunteer performing the work described in the Description of Work
Performed is expected to work during the
contract period.
Total Annual Hours The number of volunteers multiplied by the hours per volunteer.
Rate per Hour Indicate the rate per hour the volunteer would have been paid if this had been a paid position.
The rate should be reasonable, determined by
the prevailing rate per hour for the position in the
service area.
Total In-Kind The Total Annual Hours multiplied by the Rate per Hour. The grand total of this column is
carried forward to Page 2 of the budget (Line 1,
Column G).
Exhibit B Instructions Page 6 of 10 FY 2025-2026 184
AGENDA ITEM NO. 8.
Program Budget By Income Source (Budget Page 2 of 4)
General Instructions:
For Categories 1 through 7, enter the costs that are directly incurred by the contracted program.
Allocate the cost for each line item in Categories 1 through 7 to the appropriate column that indicates the revenue source that is expected to fund the cost.
Costs placed in Column G, In-Kind Match, consists of services and/or supplies provided free of charge to your organization from an outside source (see instructions, page 2, In Kind).
Row Row Title Instructions Label
1.a - 1.c Salaries & Benefits Entries carry over from page 1 (Total Salaries, Total Payroll Taxes, and Total Benefits for each
revenue source and Total In-Kind).
2.a Staff Travel Estimate the total number of miles to be reimbursed to personnel for the contracted
program. Multiply this by your organization's
approved reimbursement rate per mile. Include
any other costs for lodging, parking, meals, etc.
2.b Volunteer Travel Estimate the total number of miles that will be reimbursed to volunteers for the contracted
program. Multiply this by your organization's
approved reimbursement rate per mile. Include
any other costs for lodqinq, parkinq, meals, etc.
2.c Training Calculate the cost for any training seminars, conference fees, and staff development costs
expected to be incurred for the contracted
proqram durinq the contract period.
3 Equipment Enter the approximate cost of any equipment, Purchase including any networkable equipment, needed for the contracted program during the contract period.
Any single or individual item with a cost in excess
of $500, including sales tax, delivery, and
installation or any computing devices regardless
of cost, will need to be listed on Budget Pg 4 -
Schedule of Program/Site Supplies and
Equipment Purchases. Any equipment purchase
request for the contracted program must be
approved by FMAAA and, if applicable, the State
of California. In accordance with federal
purchasing rules, FMAAA recommends that
contractors obtain three quotes for each piece of
equipment purchased that is expected to cost in
excess of $500.
Exhibit B Instructions Page 7 of 10 FY 2025-2026 185
AGENDA ITEM NO. 8.
Program Budget By Income Source (Budget Page 2 of 4) - Continued Row Row Title Instructions Label
4 Consultants Enter the cost of professional and consultant services to be rendered by persons or
organizations that are members of a particular
profession or possess a special skill, i.e., legal,
audit, etc.
5 DO NOT USE DO NOT USE - FOR FUTURE USE ONLY
6 Program/Site This cost category includes small cost items Supplies necessary to operate the program, and does not include office supplies. Examples for nutrition
providers: Small kitchen utensils, napkins;
condiments for nutrition providers. Example for
medication management providers: Pill boxes.
Any single or individual item with a cost in excess
of $100 will need to be listed on Budget Pg 4 -
Schedule of Program/Site Supplies and
Equipment Purchases.
7.a-7.m Other Costs These line items include any other "direct" costs attributable to the program. Facilities, operating
expenses, and other ordinary and necessary
costs specified for each fundinq source.
7.n-7.o Other Costs Check with the FMAAA before making entries.
These line items are typically used for costs not
listed in lines 7.a.-7.m, such as Expendable
Equipment. If lines 7.n-7.o are used, enter a
description of the costs in the Cateqory column.
8 Indirect Costs Enter any indirect costs, and attach a narrative (see paqe 2 of Instructions, Indirect Costs.)
--- Total Costs The sum of Total Direct Costs and Total Costs.
Exhibit B Instructions Page 8 of 10 FY 2025-2026 186
AGENDA ITEM NO. 8.
Schedule of Funding Sources (Budget Page 3 of 4)
Row Row Title Instructions Label
1 FMAAA Grant The total amount of the FMAAA grant
award for the contracted program from
page 1 of the contract. This should also
equal the Total Costs for Column A from
page 2 of the budqet form.
2 DO NOT USE DO NOT USE - FOR FUTURE USE
ONLY
3 Program Income: Enter Program Income that are expected Current Year Program to be received during the current year.
Income
3 Program Income: Enter any Program Income that the
Deferred Program Income FMAAA has approved for deferral (see page 2 of instructions, Deferred Program
Income).
4.a - 4.d Matching Funds - Cash and See page 2 of instructions, Matching In-Kind (List Source) Funds and In-Kind. List all sources separately, i.e., City/County General
Funds, United Way, etc., in appropriate
column (Cash or In-Kind). If the funding is
from a source of mixed funds (e.g.
combination of both Federal and State
funds), please verify that no Federal funds
are being used. Any amounts shown in
column C (In-Kind) that are not for
volunteer services must have a full
description of the formula used to
calculate the amount.
5.a - 5.d Non-Matching Funds List all Non-Matching fund sources [Federal Funds/Other separately (see page 2 of instructions, Program Match] - (List Non-Matching Funds).
Source)
6 Total Costs Totals for Column B, Cash, and Column
C, In-Kind.
-- Total from Exhibit B, Page Total of Column B, Cash, must agree with 2, Columns F and G the Total of Column Fo n page 2 of the budget. Total of Column C, In-Kind, must
agree with the Total of Column G on Page
2 of the budget.
Exhibit B Instructions Page 9 of 10 FY 2025-2026 187
AGENDA ITEM NO. 8.
Schedule of Program Supplies and Equipment Purchases (Budget Page 4 of 4) Row Row Title Instructions Label
1 Purchases for Program/Site List any single or individual item that Supplies exceeding $100 intends to be purchased with a cost in per Individual or Single excess of $100 including any appropriate item. sales tax, shipping and installation costs,
etc. Total amount should not exceed the
budgeted amount(s) on Budget Pg 2 -
Line 6 Prooram/Site Supplies.
2 Purchases for Equipment List any single or individual item that Purchase exceeding $500 intends to be purchased with a cost in per Individual or Single excess of $500 including any appropriate item. sales tax, shipping and installation costs,
etc. as well as any computing devices
regardless of cost. Total amount must
equal the budgeted amount(s) on Budget
Pg 2 - Line 3 Equipment Purchase. Any
equipment purchase request for the
contracted program must be approved by
FMAAA and, if applicable, the State of
California.
Exhibit B Instructions Page10of10 FY 2025-2026 188
AGENDA ITEM NO. 8.
EXHIBIT C
ANNUAL SUMMARY OF ACTIVITIES
PROGRAM:
SERVICE PROVIDER:
CONTRACT NUMBER:
SITE:
Elderly Nutrition Program Site Management
Date of FMAAA Executive Director Signature on
CONTRACT EFFECTIVE: _P_a�g�e_2 _ t_o_J_u _ne_3�0 ,�2_0_2 _6 __________ _ GOAL: The goal of the Elderly Nutrition Program is to reduce hunger and food insecurity; promote health and well-being; promote socialization; and delay adverse health conditions of older individuals.
DEFINITION: Site Management is defined as 1) oversight and responsibility for the day to-day operations of an Elderly Nutrition Program nutrition site with respect to meals; 2) oversight of and responsibility for Elderly Nutrition Program staff and volunteers, including provision of required program training; 3) collection of required Elderly Nutrition Program data from program participants; 4) keeping records and preparing reports concerning meals ordered and served, nutrition volunteer hours, and donations; and 5) ensuring the Elderly Nutrition Program nutrition site meets all federal, state, and local regulations, including applicable licensing laws and ordinances related to food service operations and sanitation.
Meals are subject to allocation and reallocation at any time by the Agency on Aging based upon available funding and nutrition program participation. When allocations are imposed, any meals allocated but not served revert to the Agency on Aging for reallocation.
Area Plan Elderly Nutrition
Program Site Management
Exhibit C FY 2025-2026
189
AGENDA ITEM NO. 8.
EXHIBIT D
PROGRAM COST EFFICIENCY
Not Applicable -
Elderly Nutrition Program
Site Management
Area Plan Program Cost Efficiency Exhibit D FY 2025-2026 190 AGENDA ITEM NO. 8.
EXHIBIT E
PROGRAM NARRATIVE
1. AGENCY'S HISTORY OF SERVICE TO OLDER ADULTS
!city of Clovis
Organization Name
Type of Organization (Check One)
[Z] City Government □ Non-Profit 501 (c)(3)
□ County Government □ For-Profit
□ Joint Powers Authority (JPA) □ Other:
Year
Established
List programs/services your organization provides for older adults, and the number of years your organization has provided the program/service.
Program/Service
Nutrition services and programs
HICAP Counseling, tax assistance, and taxi script
Health and wellness programs and services
Recreation and activity based programs and services
2. SERVICE AREA
Where will the contracted program be provided?
Street Address City
735 Thi rd Street Clovis
# of
Years
40+
40+
40+
40+
Zip Code
93612
Nutrition Site Management 1 FY 2025-2026
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AGENDA ITEM NO. 8.
EXHIBIT E
PROGRAM NARRATIVE
3. LANGUAGE TRANSLATION NEEDS & PROVISIONS
Enter an "X" in the boxes below to indicate who
speaks the lanQuage listed to the left.
Program Program Program
Participants Staff Volunteers
English X X X
Spanish X X X
Hmong X X
Arabic
Armenian
Cantonese
Farsi (Persian) X
Filipino (Pilipino!Tagalog) X X
Hindi
Japanese
Khmer (Cambodian)
Khmu
Korean
Lao X
Mandarin (Putonghua)
Mien (Yao)
Mixteco
Portuguese
Punjabi X
Russian
Thai
Ukrainian
Urdu
Vietnamese X
Other:
Nutrition Site Management 2 FY 2025-2026
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AGENDA ITEM NO. 8.
EXHIBIT E
PROGRAM NARRATIVE
What resources does your organization use, or have available to use, when interpretation is needed for a program participant?
The City of Clovis utilizes an interpretive service that is easily accessible and can translate up to 200 different languages, as well as access to Clovis PD's interpreters that can also be accessed as needed. Staff also have access to "I Speak" card which can determine their language and assist with interpreting. Staff also have access to Google Translate to assist with immediate translation needs.
How does your organization provide the contracted service to individuals who s e that is not s ram staff or volunteers?
We use the Clovis Police Departments contracted interpreters or phone based translation services if needed.
4. CONFIDENTIALITY PROCEDURES
How does your organization protect the confidentiality of the program participant during verbal discussions? (For example, asking the program participant for their date of birth, phone number, and any other information that identifies the individual and is needed to complete the client intake form) All participants are allowed to complete the form on their own. Staff and volunteers are available to provide assistance as needed. If staff and/or a volunteer needs to assist a client with their form, there are designated spaces to gather than information privately. Staff and volunteers are also trained to on privacy and ensuring that all information gathered is kept confidential and secured,
How does your organization protect confidential information obtained from program participants, such as client intake forms, from disclosure? All forms are kept in a locked file cabinet accessible only to staff and volunteers associated with the nutrition program. At no point is the information from those forms shared with anyone.
Nutrition Site Management 3 FY 2025-2026
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AGENDA ITEM NO. 8.
EXHIBIT E
PROGRAM NARRATIVE
Contracted Program: Title Ill C Nutrition Site Management
5. PROGRAM DESCRIPTION
Provide a brief description of how your organization provides the contracted program.
The Clovis Senior Activity Center provides congregate meals to seniors that attend the center. Congregate meals are provided daily with the exception of outside programming and activities that are offered from time to time. In addition to the nutrition program, participants also take part in nutrition education programming and services.
What was the primary accomplishment achieved by the contracted program in the most recent year services were provided?
The Clovis Senior Activity Center moved from it's Forth Street location to a new location, located on Third St. Since this move, the programs and activities here at the Clovis Senior Activity Center have grown exponentially. All of the programs and activities participation has grown. This site has really become a gem to the members of the Clovis community.
Please describe another accomplishment achieved by the contracted program in the most recent year services were provided.
Since the move of the Clovis Senior Activity Center and the expansion of programs and activities, the growth of our volunteer base has also grown. As it stands, we have almost 200 volunteers that help keep the Clovis Senior Activity Center moving. Volunteers help with lunch, programs, activities, tours, etc. They are truly the backbone of our growth and success.
6. CASE STUDY
Briefly describe how the contracted program successfully met the needs of a program participant in the most recent year services were provided. Do not use real names.
"Ben" was a senior who lost his wife 6 month earlier. His wife, did all the shopping and all the cooking. Since her passing, he has struggled with his nutrition and was showing signs of depression. One of his friends suggested he come down to the Clovis Senior Activity Center and check it out. Ben started coming in to play pool, but slowly began to increase his participation in various programs offered here. Now he is a regular with the lunch program. He said that not having to worry about one meal a day has been extremely beneficial.
Nutrition Site Management 4 FY 2025-2026
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AGENDA ITEM NO. 8.
EXHIBIT E
PROGRAM NARRATIVE
7. STAFFING
Please provide the names and titles of all staff listed in the Personnel section of the contract budget (Exhibit B).
Name Title
Nella Audus Senior Center Nutrition Services Worker
Devin Rodriguez Senior Custodian
Ashlee Winslow Senior Services Supervisor
*Please provide the name and contact information for the person who has primary, hands-on involvement and oversight of the day-to-day operations of the contracted program.
Nella Audus
Name
1(559) 324-2750
Telephone Number
Senior Center Nutrition Services WoD
Title
I [email protected]
E-mail Address
* Attach the following documents to the "Documents Required to Execute Contract" checklist:
► The job description for this position;
► The resume for the person occupying this position.
Nutrition Site Management 5 FY 2025-2026
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AGENDA ITEM NO. 8.
EXHIBIT E
PROGRAM NARRATIVE
8. SERVICE PROVIDER TIME FRAME
What days and hours will the Nutrition Site Management program be available? (Please note that these are not necessarily the same hours your organization/facility is open.)
Location Days Open Start Time Close Time
735 Third St. Monday through Friday 10:00AM 1 :00PM
Month Enter Dates of Holidays Total Days Service
& Other Planned Closures to be Provided
July 2025 7/4 and 7/18 21
August 2025 8/21 20
September 2025 9/1 and 9/18 20
October 2025 10/16 22
November 2025 11/11, 11/27 and 11/28 16
December 2025 12/18 and 12/25 20
January 2026 1/1, 1/15 and 1/20 19
February 2026 2/16 and 2/19 18
March 2026 3/19 21
April 2026 4/16 21
May 2026 5/21 and 5/25 19
June2026 6/18 21
Total Days of Contracted Service to
238 be Provided under this Agreement:
Nutrition Site Management 6 FY 2025-2026
196
AGENDA ITEM NO. 8.
EXHIBIT E
PROGRAM NARRATIVE
9. PROGRAM EVALUATION/IMPROVEMENT
In reviewing the performance during the most recent year services were provided, identify areas that your organization could focus on for improvement of the contracted proqram.
Is mission is always to ensure that we are providing high quality programming, along with exceptional service to our members.
How would participants of the contracted program benefit from these improvements? Participants will experience effective meal service with great service and assistance to our patrons.
Describe the specific steps your organization will take to make these improvements during the current funding period.
The Clovis Senior Community Center will continue to recruit volunteers, so that we can continue to provide outstanding customer service the patrons that attend the Clovis Senior Activity Center.
Describe how you will know if your improvement efforts are successful, and how you will measure your achievements.
Program participation will continue to grow yet, our meal program will continue to remain efficient.
Nutrition Site Management 7 FY 2025-2026
197
AGENDA ITEM NO. 8.
EXHIBIT E
PROGRAM NARRATIVE
10. OUTREACH ACTIVITIES/TARGETING PLAN (22 CCR§ 7310, WIG§ 9103) How does your organization reach older adults in greatest economic need (income level at or below the Federal Poverty Level) to inform them of the contracted program and welcome them to participate?
Nutrition program information will be distributed at the Salvation Army monthly commodity distribution program, Fresno Food Security Network, and senior center newsletter. Seniors who participate in those programs are typically low income.
How does your organization reach older adults who are socially isolated (need caused by non-economic factors) to inform them of the contracted program and welcome them to participate?
The Senior Center works with all senior housing complexes within the city and those older adults will be given information about the lunch program at the center.
How does your organization reach older adults who are of lesbian, gay, bisexual, or transgender orientation to inform them of the contracted program and welcome them to participate?
The program will be promoted through regular city social media channels, Fresno EOC LGBTQ+ resource center, PFLAG, California Dept. of Education Region 7 LGBTQ+ resource center, and local educational institutions.
How does your organization reach older adults who are ethnic minorities, and particularly those with greatest economic and/or social need, to inform them of the contracted program and welcome them to participate?
Distribution of flyers and information at The Fresno Center, ACLU, San Joaquin College of Law, California Rural Legal Assistance, and with Leadership Council staff.
Nutrition Site Management 8 FY 2025-2026
198
AGENDA ITEM NO. 8.
EXHIBIT E
PROGRAM NARRATIVE
How does your organization reach older adults who are Native Americans to inform them of the contracted program and welcome them to participate? Distribution of fliers and information at the Central Valley Indian Health resource center, and during their resource fair.
How does your organization reach older adults with limited English proficiency to inform them of the contracted program and welcome them to participate? Distribution of flyers and information at The Fresno Center, ACLU, San Joaquin College of Law, California Rural Legal Assistance, KBIF (Hmong Radio), Fresno Hmong TV, KGST, and Hye Oozh Radio (Armenian Radio), and Univision 21.
How does your organization reach older adults who live in rural areas to inform them of the contracted program and welcome them to participate? Nutrition program information is available at rural senior meal sites, in the Senior Living network guide, and on rural transit buses.
How does your organization reach older adults with severe disabilities (severe, chronic physical and/or mental impairment that is likely to continue indefinitely & results in substantial functional limitation in 3 or more major life activities) to inform them of the contracted program and welcome them to participate?
The City of Clovis provides public transportation to persons with disabilities under the American's with Disabilities Act. Clovis Transit maintains a robust flow of information to riders through fliers, newsletters, and smart phone app to over 4,000 disabled residents in the city.
How does your organization reach older adults with Alzheimer's disease or related disorders with neurological & organic brain disfunction, and the caregivers of these individuals, to inform them of the contracted program and welcome these older adults to participate?
The center attends outreach fairs and gives presentations to various provider network� a
Nutrition Site Management 9 FY 2025-2026
199
AGENDA ITEM NO. 8.
EXHIBIT F
SERVICE PROVIDER EMERGENCY RESOURCE INFORMATION
Please complete for each location from which contracted services are offered.
Organization City of Clovis
Site Name Clovis Senior Activity Center
Street Address 735 Third St.
City/ST/Zip Clovis, CA 93612
Name of Primary Contact: Ashlee Winslow
Job Title Cell Phone Office Phone Email Address
Senior Services (559) 914-1854 (559) 324-2752 [email protected] Supervisor
Name of Secondary Contact: Bethany Berube
Job Title Cell Phone Office Phone Email Address
Deputy General (559) 765-6399 (559) 324-2752 [email protected] Services Director
Please check all emen::iency services that could be provided from this site:
X Emergency Power/Generator X CB or Ham Radio
X Emergency First Aid X Internet Access
X Cooking Facilities X Spanish Translation
X Distribution Site for Food & Water X Sign Language Translation X Counseling Services X Other Translation: I
Yes No
Can this site provide temporary shelter space for 48 hours or more in the ✓ event of an emergency?
Is this site able to help with assessing the needs of older individuals in the ✓neighborhood or community following a disaster?
Following a major disaster, can this site help transport older individuals to ✓ disaster services?
Does this site have a dedicated vehicle that is lift-equipped? ✓ Given the resources, can this site expand meal services following a ✓ disaster to meet needs in the community?
How many people can this facility provide emergency shelter for? 500 How many days can this facility function using its back-up power source? Up to 7 How many gallons of water are stored on-site as an emergency supply? As needed Please list any additional services your site can provide in the event of a disaster:
Able to provide direct coordination with local, county, and state emergency teams.
Service Provider Emergency Resource Information Exhibit F FY 2025-2026 200 AGENDA ITEM NO. 8.
FRESARE 07 . MGIIAOIANA
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IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER License# 0E02096
DIBuduo & DeFendis Insurance Brokers, LLC
6873 N. West Ave, Ste 101
Fresno, CA 93711
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Fresno, CA 93711
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DESCRIPTION OF OPERATIONS I LOCATIONS/ VEHICLES (ACORD 101, Addittonal Remarlts Schedule, may be attached ii mora space Is required) City of Clovls, Its officers, .officials, agents, employees, and volunteers are named as Addltlonal Insured as respects General Llablllty in accordance with attached form Pl-GLD-HS 10/11
CERTIFICATE HOLDER CANCELLAT ION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Clovis THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
1033 Fifth Street
Clovis, CA 93612
AUTHORIZED REPRESENTATIVE
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The ACORD name and logo are registered marks of ACORD
201
AGENDA ITEM NO. 8.
CLOVIS
SENIOR SERVICES
NUTRITION PROGRAM
500 +/- Participants
Nutrition Program
I
40 Program Volunteers
40 Administrative Volunteers
"
Nutrition Services Worker: Nella Audas
Senior Custodian: Devin Rodriguez
Senior Services Supervisor
Ashlee Winslow
I Deputy General Services Director
Bethany Berube
I General Services Director
Amy Hance
I City Manager
Andrew Haussler
I
Clovis City Council
202
AGENDA ITEM NO. 8.
6/17/25, 11 :04 AM City of Clovis, California - Class Specification Bulletin City of Clovis, California
Senior Center Nutrition Services Worker
CLASS CODE 5840
ESTABLISHED DATE April 08, 2014
Description
SALARY
REVISION DATE
$22.86 - $27.78 Hourly
$3,962.00 - $4,815.00 Monthly
$47,544.00 - $57,780.00 Annually
January 13, 2015
Under supervision performs a variety of nutrition program related duties in support of the congregate and home delivered meals and senior programs offered at the Clovis Senior Activity Center. Coordinates orders, deliveries, storage, inventory, sanitation, compliance, record keeping, activities scheduling and other functions related to the Clovis Senior Activity Center nutrition program; directs volunteers and student interns; and perform related work as required.
CLASS CHARACTERISTICS
Positions in this class require a moderate amount of previous nutrition and food service experience. Positions in this class perform work which is highly structured, which seldom varies, and which is performed in accordance with established instructions. Incumbents receive thorough instructions when tasks are initially assigned and after training are expected to perform duties without constant supervision. Work is reviewed periodically upon completion and while in progress. Incumbents are expected to utilize their discretion for variations in work and refer to the supervisor for those situations which the incumbent is unable to solve.
Examples of Duties
Coordinates assessments for home delivered meal clients both initial and quarterly review home visits; ensures compliance with program grants, participant compliance, regulations, and monthly reporting; prepares meals and beverages for on-site dining, heats entrees as needed and assists in serving meals to on-site participants; facilitates distribution of donated food items; coordinates efforts of kitchen volunteers and student interns and provides them with guidance and instruction on meal preparation procedures and standards; maintains food service areas, facilities, and equipment in a clean and sanitary condition ensuring compliance with food handling and sanitation requirement orders, stores, and oversees inventory of congregate meals; balances daily meal orders and servings; organizes and oversees home delivered meals; coordinates special events and presentations to participants; completes monthly food evaluations and grant reports; completes data entry of participants and meals served; maintains documents and records pertaining to food preparation standards, kitchen procedures, food temperatures, donations and the senior nutrition program; properly stores foods and supplies, ensures proper heating/reheating of food; maintains proper inventory of kitchen and custodial supplies including paper products and disposables, orders, purchases, and picks-up supplies as needed; maintains a current food handlers certificate and participates in nutrition education activities when offered; serves as the City https://www.governmentjobs.com/careers/clovisca/classspecs/newprint/995168 1/3 203
AGENDA ITEM NO. 8.
6/17 /25, 11 :04 AM City of Clovis, California - Class Specification Bulletin of Clovis liaison for the County of Fresno Health Department kitchen inspections of the Clovis Senior Activity Center; maintains proper care of equipment and materials used in the work; conducts printed, online, and/or in person outreach about the meal program to targeted individuals; performs various clerical and customer service duties related to the Clovis Senior Activity Center; effectively respond to emergencies related to participants or the facility; and performs related work as required.
Typical Qualifications
LICENSE REQUIRED
• Possession of a valid California Driver's License, and a good driving record.
EDUCATION AND EXPERIENCE
Any combination of education and experience that provides the required knowledge, skills and abilities is required.
Education:
• Completion of the twelfth grade or equivalent; completion of college-level coursework in Nutrition, Gerontology or a closely-related field is desirable.
And
Experience:
• One year of food service and/or nutrition program experience; experience working with senior citizens is desirable.
Certification:
• Food Handler's Certificate or the ability to obtain one within one month of hire. • CPR/1st Aid Certificate or the ability to obtain one within two months of hire.
QUALIFICATIONS
Knowledge of:
• Basic kitchen and food preparation procedures;
• Basic math and records keeping procedures;
• Modern office procedures, practices and equipment;
• Personal computer hardware and software including word processing, spreadsheet and data base programs;
• Health standards of food safety and kitchen sanitation; • Commercial kitchen equipment and materials;
• Methods and techniques of greeting visitors and volunteers; • Customer service principles and practices;
hltps://www.qovernmentiobs.com/careers/clovisca/classspecs/newprint/995168 2/3 204
AGENDA ITEM NO. 8.
6/17/25, 11:04AM City of Clovis, California - Class Specification Bulletin • Appropriate safety precautions and procedures.
Ability to:
• Provide lead assistance and instruction to volunteers and student interns; • Read, understand and apply simple materials;
• Operate a vehicle observing legal and defensive driving practices; • Communicate clearly and concisely, both orally and in writing; • Understand and carry out oral and written instructions; • Establish and maintain effective relationships with those contacted in the course of work;
• Maintain professionalism, courtesy, and composure at all times; • Use institutional food preparation equipment;
• Adhere to environmental health standards;
• Lift and transport containers of bulk food;
• Work independently.
Supplemental Information
PHYSICAL DEMANDS AND WORKING CONDITIONS
Strength: Light work in an office setting - Lifting, carrying and/or pushing 40 pounds maximum with frequent lifting and/or carrying of objects weighing up to 25 pounds. httos://www.aovernmentiobs .com/careers/clovisca/classsoecs/newori nU995168 3/3 205
AGENDA ITEM NO. 8.
City of Clovis Council Members
FY 2025-2026
Mayor Vong Mouanoutoua
Mayor Pro Tern Diane Pearce
Councilmember Lynne Ash beck
Councilmember Matt Basgall
Councilmember Drew Bessinger
206
AGENDA ITEM NO. 8.
Serving up smiles
everyday
The City of Clovis Senior Activity Center, in
cooperation with the Fresno-Madera Area
Agency on Aging and Fresno County Eco
nomic Opportunity Commission are
pleased to offer meal service for seniors
age 60+. In-center meals are served at the _
Clovis Senior Activity Center at 735 Third
Street in Clovis Monday through Friday
except the third Thursday of each month.
Participants of in-center meals are not re
quired to be a resident of Clovis.
Homebound meals are delivered to the
home of seniors who are unable to visit the
Center for meals and have difficulty shop
ping or preparing food. A home assess
ment is required prior to homebound deliv
eries to determine eligibility. Call the Fres
no Madera Area on Aging at 559-214-0299
for more information.
Fresno County Economic Opportunity
Commission offers a food delivery service
for those individuals who do not quality for
the above listed program but do not want to
cook for themselves. There are a variety of
meal packages to choose from. Contact
Fresno County EOC at 559-266-3663 for
more information.
Clovis Senior Activity
Center
•
A Smittcamp Family
Legacy
Nutrition Program
Funded By:
. The City of Clovis
Fresno-Madera Area
Agency on Aging
. Your generous
donations
Nutrition
Program
Clovis Senior Activity
Center
A Smittcamp Family
Legacy
735 Third Street
Clovis, CA 93612
(559) 324-2750
Homebound Program
(559) 214-0299
207
AGENDA ITEM NO. 8.
Clovis Hot Lunch Meal Information
1. The suggested meal contribution for seniors age 60+ is $2.50. There is no ob ligation to contribute. A contribution is purely voluntary and confidential. No eligible individual will be denied services because of a failure or inability to contribute. A senior's spouse under 60 may eat with the senior, as long as the eligible person is having a meal that day. Anyone else under age 60 may eat at the non-senior price of $5.75 per meal. You may bring your own silverware or the center will provide plastic cutlery.
2. Reservations are made for the following day or week when the participant signs in for the present day's meal. A reservation should be made only if the participant plans to attend the following day.
3. Meal reservations may also be made by telephone by calling the Center at 324-2750 before 11 :00 a.m. the day before the participant plans to eat a meal.
If you plan to attend for the entire week, you may make phone reservations for the current week.
4. Those without a reservation will be placed on a waiting list in the event of can cellations or no-shows. Names on the waiting list will be called in the order in which they were received if space becomes available. Being on the waiting list does not guarantee a meal. We cannot stretch meals for those without reser vations.
5. Participants should arrive between 11 :00 a.m. and 11 :30 a.m. to sign in for the day's meal or their meal will be given to someone on the waiting list. Sign in must be completed by the participant himself/herself. No one can sign in for another person. Confirmed reservations are traded for a donation envelope at the time of sign in. A reservation must have been made previously in order to receive the envelope. Envelopes are used to count participants. Placing a do nation inside the envelope is optional and not required to receive a meal.
6. Lunch is served between 11 :45 a.m. and 12: 15pm. Donation envelopes are taken in the serving line in exchange for a plate, whether there is a donation in the envelope or it is empty. Those without an envelope may not pass through the serving line until all participants with an envelope have been served. There are no exceptions.
7. For health and safety reasons no food may be taken home from the meal site.
Jolly Times
The third Thursday of the month is
Jolly Times. All seniors are wel
come to join this social group and
attend. We have The Old Town
Clovis Kiwanis cooking a delicious
meal for Jolly Times. The cost of
the ticket is $15.00 which includes
the meal, drink and dessert. There
is always great entertainment for
you to enjoy. Come and make
your reservation for Jolly Times.
Space is limited. We start accept
ing reservations on the day of Jol
ly Times starting at 8 a.m. for the
following month. Please join the
fun!
www.ClovisSeniors.org
There is a Nutrition Form that must be
completed and turned in prior to the
first day that you come for an In-Center
Meal. These forms are required be
cause of the funding we receive for this
program. All individuals who participate
in our in-center nutrition program must
complete a new form annually starting
n July 1st.
208
AGENDA ITEM NO. 8.
Attachment 3
RESOLUTION 25-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS
APPROVING AN AMENDMENT TO THE FY 2025-2026
GENERAL SERVICES DEPARTMENT BUDGET
WHEREAS, the City Council adopted the FY2025-2026 city budget on June 9,2025; and
WHEREAS, additional funding for senior services became available throughout the year; and
WHEREAS, these revenues and expenditures were not included in the original adopted budget; and
WHEREAS, the additional funds are intended for the Senior Activity Center.
NOW, THEREFORE BE IT RESOLVED , that the City of Clovis hereby approves the budget amendment as shown in the “Summary of Expenditures/Revenues by Department” and “Summary of Expenditures/Revenues by Fund” as Attachment A.
* * * * *
The foregoing Resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on August 18, 2025, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
DATED: August 18, 2025
______________________________ ______________________________ Mayor City Clerk
209
AGENDA ITEM NO. 8.
ATTACHMENT A
SUMMARY OF EXPENDITURES BY DEPARTMENT
DEPARTMENT – GENERAL SERVICES
Senior Services $50,250
TOTAL DEPARTMENT $50,250
TOTAL ALL DEPARTMENTS $50,250
SUMMARY OF EXPENDITURES BY FUND
General Fund $50,250
TOTAL FUND $50,250
___________________________________________________________________
SUMMARY OF REVENUES BY DEPARTMENT
DEPARTMENT – GENERAL SERVICES
Senior Services
FMAAA Grant $50,250
TOTAL DEPARTMENT $50,250
SUMMARY OF REVENUES BY FUND
General Fund $50,250
TOTAL FUND $50,250
210
AGENDA ITEM NO. 8.
TO: Mayor and City Council
FROM: General Services Department
DATE: August 18, 2025
SUBJECT: General Services – Approval – Res. 2 5-___, Renewing Medical Plan Options for Eligible Retirees and Restating the Eligibility Requirements for Participation in the Plan.
ATTACHMENTS: 1. Res. 25-___ Resolution Retiree Medical
RECOMMENDATION
For City Council to approve Resolution 25-___, renewing the City’s Retiree Medical Plan options for eligible retirees and restating eligibility requirements for participation in the plan.
EXECUTIVE SUMMARY
For many years, the City has sponsored a group retiree medical plan for retirees who meet certain eligibility requirements. Approval of the attached Resolution renews the retiree medical plan for the 2026 plan year.
BACKGROUND
For many years, the City has offered employees who retire from City service the option of purchasing the same medical and prescription drug benefit package offered to full-time, regular employees. The retiree medical plan option is renewed annually at the discretion of the Council.
This option provides qualifying retirees , those with a minimum of five (5) years of full -time City service immediately preceding retire ment, with the opportunity to continue participation in the City’s medical/prescription plans. Eligibility requirements for participation in the plan and rate information are listed in the attached (Attachment 1).
FISCAL IMPACT
The retiree medical plan option is rated separately from the active City employee medical plan.
In addition, monthly premiums are paid entirely by the retirees. Consequently, there is not a fiscal impact to the City for offering this program.
REASON FOR RECOMMENDATION
Council action is necessary to renew the retiree medical plan option for eligible retirees for the 2026 plan year.
211
AGENDA ITEM NO. 9.
ACTIONS FOLLOWING APPROVAL
Upon approval, the program renewal will become effective with the 202 6 plan year, which runs from January 1, 202 6, through December 31, 2026 . Eligible retirees will be provided with an open enrollment period (October 13 through November 7, 2025). Additionally, employees who retire and become eligible during the 2026 plan year will be provided with a similar notice at the time of retirement.
CONFLICT OF INTEREST
None.
Prepared by: Linda Parry, Senior Management Analyst
Reviewed by: City Manager AH
212
AGENDA ITEM NO. 9.
ATTACHMENT 1
RESOLUTION 25-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS APPROVING THE
RENEWAL OF THE RETIREE MEDICAL PLAN OPTION FOR ELIGIBLE RETIREES
AND RESTATING THE ELIGIBILITY REQUIREMENTS FOR
PARTICIPATION IN THE PLAN
WHEREAS, the City offers a retiree health plan that allows retirees to purchase medical and prescription coverage; and
WHEREAS, the City has established eligibility requirements for participation in the plan listed in Attachment A; and
WHEREAS, continued offering of the retiree health plan is determined on an annual basis at the discretion of the Council.
NOW THEREFORE, BE IT RESOLVED , that the City of Clovis hereby renews the Retiree Medical Plan Option and rates effective January 1, 202 6, as summarized in Attachment A.
* * * * *
The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on August 18, 2025, by the following vote, to wit.
AYES:
NOES:
ABSENT:
ABSTAIN:
Dated: August 18, 2025
___________________________ __________________________ Mayor City Clerk
213
AGENDA ITEM NO. 9.
ATTACHMENT A
Retiree Medical/Prescription Plan Summary
For the 2026 Plan Year
Retiree Benefits
Effective January 1, 2026 , retirees of the City of Clovis will be allowed to continue in a City sponsored Retiree Medical/Prescription Plan at their own expense, provided they meet the plan eligibility requirements. Enrolled retirees will participate in the annual open enrollment for the medical/prescription plans.
Eligibility Requirements
To be eligible for the Retiree Medical/Prescription Plan, a retired/retiring employee must meet the following eligibility requirements:
1. Been continuously covered in the medical/prescription portion of the City’s health plan through December 31, 2025, as a full-time regular employee or a retired enrollee; or, was continuously covered by a City-approved group medical/prescription plan as a full- time regular City employee immediately preceding retirement from the City.
2. Be eligible to retire in accordance with CalPERS age and service requirements, including a disability retirement.
3. Have a minimum of five (5) years of service with the City of Clovis as a full-time regular employee immediately preceding employment separation with the City of Clovis.
4. Retired employees and their dependents are eligible for City coverage until they become eligible for Medicare . Retired employees and/or their dependents that become eligible for Medicare are no longer eligible to remain on the City’s retiree plans.
They have the option of enrolling in Medicare and may seek supplemental coverage other than through the City’s plan.
a. If a retired employee becomes Medicare eligible and has a spouse who is not Medicare eligible or a dependent child under the age of 26, the spouse and child may continue City coverage even after the retired employee becomes Medicare eligible and enrolls in Medicare and a supplemental plan. b. A spouse who becomes Medicare eligible, or a dependent child who reaches the age of 26, will not be eligible to continue in the City’s Retiree Medical/Prescription Plan.
5. An eligible employee who plans on retiring must enroll in the Retiree Medical/Prescription Plan within thirty (30) calendar days of the effective date of employment separation. If an eligible employee fails to enroll, or waives enrollment, they shall not be eligible to enroll in the plan at a future date. A dependent who enrolls or has been enrolled in an alternative insurance plan for a period of time, may be added to the retiree’s plan upon loss of other coverage or during open enrollment if the retiree has maintained continuous coverage with the City under this plan.
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6. Eligibility for dependents normally extends through the retiree. Dependents may only be enrolled for coverage if the retiree is concurrently enrolled (except as provided for in 4-a. above). Dependents of a retiree lose eligibility for coverage under the Retiree Medical/Prescription Plan when a non -Medicare eligible retiree elects to discontinue coverage. Upon the death of a covered retiree or the death of a covered employee who was eligible to retire, a spouse or covered child may continue coverage until the spouse is Medicare eligible and the child reaches the age of 26 respectively.
7. A retiree or eligible dependent that enrolls in the Retiree Medical/Prescription Plan shall not be allowed to re -enroll in the plan if they drop coverage in the plan or fail to make their monthly premium payment within thirty (30) days of the due date.
8. Continued enrollment in the Retiree Medical/Prescription Plan is also subject to terms and conditions set forth in the Evidence of Coverage/Disclosure Document of the medical plan in which the retiree and dependents are enrolled.
A Retiree who returns to work for the City and enrolls in an active plan because of reinstatement from retirement or who has returned as an elected official, will again be eligible for retiree coverage upon retiring subject to the normal retiree requirements.
Dental and Vision Coverage
Dental and/or Vision Coverage is not available to retirees through the City of Clovis Retiree Medical/Prescription Plan.
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Pre 65 Retiree Health Plan Monthly Rates charged by Vendor for the 2026 Program Year
Anthem HMO 15 Kaiser HMO 15
Retiree Only $1,297.00 $1,130.00
Retiree & Spouse $2,684.00 $2,343.00
Retiree & Child(ren) $2,330.00 $2,013.00
Retiree & Family $3,884.00 $3,337.00
Anthem PPO 80
Retiree Only $1,250.00
Retiree & Spouse $2,622.00
Retiree & Child(ren) $2,251.00
Retiree & Family $3,743.00
Anthem HDHP Kaiser HDHP
Retiree Only $ 899.00 $ 884.00
Retiree & Spouse $1,882.00 $1,826.00
Retiree & Child(ren) $1,643.00 $1,570.00
Retiree & Family $2,689.00 $2,603.00
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AGENDA ITEM NO. 9.
TO: Mayor and City Council
FROM: General Services
DATE: August 18, 2025
SUBJECT: General Services – Ratification of t he City Manager ’s Approval of the Second Contract Amendment for Urban Transportation Associates, Inc. (UTA), to Extend the Original Contract for Transit Automated Passenger Counters (APC), for an amount not to exceed $75,000.
ATTACHMENTS: 1. UTA Original Contract
2. UTA First Contract Amendment
3. UTA Second Contract Amendment
RECOMMENDATION
For City Council to ratify the City Manager’s approval of the Second Contract Amendment with Urban Transportation Associates, Inc. (UTA) , to add Automatic Passenger Counter (APC) equipment and installation to future Clovis Transit vehicles; the annual cost for General Transit Feed Specification -Real Time (GTFS -RT) data generation; and increase the not -to-exceed contract amount by $75,000.
EXECUTIVE SUMMARY
Staff recommends the ratification of the Second Contract Amendment with Urban Transportation Associates, Inc., to include the purchase and installation of UTA’s Automatic Passenger Counter (APC) system and the annual cost for General Transit Feed Specification-Real Time (GTFS-RT) data generation for future transit vehicles.
BACKGROUND
On July 5, 2022, Clovis City Council approved the original contract for the amount of $130,400 with UTA for the purchase of an Automatic Passenger Counters (APCs) system to be installed on all fixed-route vehicles. The APC’s collect valuable ridership data that is used for a variety of reports required by local, state, and federal funding agencies. Most importantly, the data is used for National Transit Database (NTD) reporting and Federal Transit Administration (FTA) reporting. The data also gives the City a clear understanding of ridership and is used for service and operations planning purposes.
All future fixed-route transit vehicles must have the APC system installed to meet local, state, and federal requirements. To remain i n compliance, a first contract amendment was approved 217
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on April 2, 2024, for $30,297 to add the installation of the APCs to three newly acquired fixed - route buses.
In 2025, Clovis Transit will implement a fixed -route redesign, expanding service from two (2) to eight (8) routes. This expansion requires a substantial increase in the number of transit vehicles to meet service demands. Clovis Transit is currently in the process of procuring additional vehicles and will install APCs upon their delivery.
The t wo-year contract extension includes an additional $75,000 to UTA for the additional services. The City Manager is authorized to approve purchases and contracts up to $75,000.
However, the first contract amendment in 2024 for an additional $30,297 was authorized by the City Manager, and approval of the second contract amendment will result in a total of $105,297 additional compensation to UTA since the City Council approved the original contract in 2022.
The contract was approaching its expiration date on July 31, 2025 , the City Manager gave preliminary approval to the Second Contract Amendment to avoid a gap in services , before the item could be presented for Council approval. Staff requests that the City Council ratify the City Manager’s approval of the second amendment, which will allow uninterrupted services and the timely implementation of planned transit improvements.
FISCAL IMPACT
Sufficient transit funds are budgeted for this procurement through Transportation Development Act (TDA) funds.
REASON FOR RECOMMENDATION
The installation of the APC system is necessary for all buses operating on fixed routes to collect valuable ridership data that is required for the National Transit Database (NTD) and Federal Transit Administration (FTA) reporting and compliance for local, state, and federal funding. This data is necessary to maintain compliance with regulations and to support continued eligibility for funding. Accordingly, all new Clovis Transit vehicles must have APC systems installed.
ACTIONS FOLLOWING APPROVAL
Following ratification of the City Manager’s approval of the Second Contract Amendment, Clovis Transit staff will issue purchase orders for the equipment and yearly support.
CONFLICT OF INTEREST
None.
Prepared by: Nick Chin, Transit Manager
Reviewed by: City Manager AH
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ATTACHMENT 1
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CITY OF CLOVIS
FIRST AMENDMENT TO
CONTRACT SERVICES AGREEMENT
This First Amendment to Contract Services Agreement ("First Amendment") is entered into between the City of Clovis, a California general law city ("City") and Urban Transportation Associates, Inc. ("Contractor ") with respect to the following recitals, which are a substantive part of this First Amendment.
This First Amendment shall be effective on March 1, 2024 ("Effective Date").
RECITALS
WHEREAS, City and Contractor entered into that certain Contract Service Agreement dated August 1, 2022 ("Agreement") to provide an Automated Passenger Counter System ("APC"), the terms of which are incorporated herein by this reference; and WHEREAS, Contractor has been diligently undertaking its responsibilities as identified in the Agreement since that time; and
WHEREAS, City has determined that a change in the scope of services is necessary and requested a proposal from Contractor for the desired revised scope of services, which is attached hereto as Exhibit A and incorporated here by this reference; and WHEREAS, Contractor proposes to perform the revised scope of services for an amount not to exceed Thirty Thousand Two Hundred Ninety-Seven dollars ($30,297.00), which additional amount is acceptable to City but will result in the total payments to Contractor exceeding the previously authorized amount in the Agreement; and
WHEREAS, City and Contractor desire to amend the Agreement to reflect the changes in the scope of services and the authorized amount payable to Contractor, as provided herein.
NOW THEREFORE, in consideration of the mutual covenants herein contained, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and Contractor agree as follows:
AGREEMENT:
1. Recitals. The Recitals stated above are true and correct and are a substantive part of this First Amendment.
2. Chan"e in Scqpe qf Services, The Services to be performed by Contractor shall be those services described in the Exhibits attached to the Agreement and Exhibit A attached to this First Amendment and incorporated herein by reference.
3. Increase in Cqntract Amqunt, The payment for Services under the Agreement is increased by Thirty Thousand Two Hundred Ninety-Seven dollars ($30,297.00), and the total compensation payable to Contractor under the Agreement is amended to not exceed the sum of One Hundred Sixty Thousand Six Hundred Ninety-Seven dollars ($160,697.00).
ATTACHMENT 2
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TO: Mayor and City Council
FROM: Planning and Development Services
DATE: August 18, 2025
SUBJECT: Planning and Development Services – Approval – Waive the City’s formal purchasing process and a pprove a Consultant Agreement between the City of Clovis and Ascent Environmental, Inc., to assist with implementing the Housing Programs outlined in the Housing Element in the amount of $200,000 ; and Authorize the Cit y Manager to sign the agreement.
ATTACHMENTS: 1. Consultant Agreement
RECOMMENDATION
Staff recommend that the City Council approve waiving the formal proposal process and approve a consultant agreement between the City of Clovis and Ascent Environmental, Inc. , for assistance in implementing the Housing Programs outlined in the Housing Element ; and authorize the City Manager to sign the agreement.
EXECUTIVE SUMMARY
The City contracted with Ascent Environmental, Inc. (Ascent), starting in 2021 through 2024 for the comprehensive update of the Housing Element. The City Council adopted the Sixth Cycle Housing Element (2023 -2031) in November 2024, and it was certified by the Californi a Department of Housing and Community Development (HCD) in December 2024.
The Housing Element establishes a framework for addressing the City’s housing needs across all income levels, as defined by the Regional Housing Needs Allocation (RHNA). It includes a series of policies and programs focused on supporting housing production , preservation, and affordability. As part of the adopted Housing Element, the City committed to implementing twenty-nine (29) programs, several of which are already underway.
Staff requires assistance from Ascent to support the design and implementation of some of the programs, as well as providing on-call services as needed throughout the planning period (2023 – 2031). Given Ascent’s extensive experience working with the City and their in-depth knowledge of the Housing Element, staff is also recommendin g that the City Council waive the formal bidding process and authorize a direct agreement with Ascent for this consultant work.
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BACKGROUND
On January 19, 2021, the City Council approved a consultant agreement between the City and Ascent to prepare an update to the Housing Element. This effort spanned three years, from 2021 to 2024, with final certification received from HCD in December 2024.
Throughout the update process, Ascent worked closely with City staff to develop housing policies and programs to r espond to the needs of Clovis and HCDs requirements. With their extensive experiences preparing Housing Elements for jurisdictions across California, Ascent provided valuable insight into the challenges other cities have faced and offered strategic guidanc e to help Clovis navigate HCD’s review and approval process. As a result, Ascent developed a Housing Element with programs that aligned with HCD’s requirements. This understating of the City’s adopted Housing Element makes Ascent uniquely qualified to support the City in the implementation phase.
PROPOSAL AND ANALYSIS
The original consultant agreement with Ascent for the preparation of the Housing Element update is separate from this request. For reference, the contract amount for that work was $519,355.67.
The Housing Element update was a fixed -scope project with clearly defined tasks and deliverables. In contrast, the implementation phase will require on -call, as needed work.
Therefore, the scope of work cannot be precisely delineated at this time. As the City moves forward, staff will lead the implementation process and utilize Ascent on an as needed basis.
Ascent will assist the City on implementing the Ho using Element programs through the remaining eight (8) year planning period, which may include, but not limited to the following tasks:
Preparing annual progress reports (APRs) or advising the City on new reporting requirements;
Serving as a liaison be tween the City and HCD when HCD advice or consultation is needed;
Providing strategic guidance on timelines, HCD procedures, and statutory requirements for housing element implementation;
Preparing zoning text amendments and updating development standards; Sharing model ordinances, resources, and best practices from other jurisdictions; Development of feasibility studies and visualizations; Preparing presentations or reviewing staff reports and associated materials for public hearings and community meetings;
Studies, reports, and documentation for compliance with the California Environmental Quality Act (CEQA);
Geographic Information Systems (GIS) mapping and spatial analysis; Emailing and attending virtual conference calls with the City to answer questi ons and provide general support for implementation tasks; and
Other tasks to be determined.
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Because this work is based on evolving needs and does not follow a fixed scope, the scope remains intentionally broad. Ascent’s preliminary scope of services and current billing rates are provided in Exhibit A. Because this is a long -term effort, billing rates may be updated annually from the date of contract execution. The proposed not -to-exceed budget for these services is capped at $200,000. If additional funding becomes necessary as the work progresses, staff will return to the City Council with a request for a contract and budget amendment.
Request to Waive Formal Proposal Process
The City’s Purchasing Ordinance (Mun icipal Code Section 2.7.08(b)) provides that consulting services may be obtained without requiring the formal bidding procedure, but staff is to request written proposals from at least three potential vendors, if available, and the consultant shall be selected in accordance with the City’s Purchasing Manual and approved by the Council.
However, pursuant to Section IV, C of the Purchasing Manual, the City Council retains the right to waive the City’s purchasing procedures.
Staff recommends th at the City Council waive the formal purchasing procedures for the proposed consultant selection and contract with Ascent to provide as needed support for implementation of the City’s Housing Element programs. This recommendation is based on the following considerations:
1. Unique Qualifications and Continuity of Work
Ascent served as the lead consultant for the City’s recent Housing Element update, working closely with staff from 2021 through 2024. Their direct involvement in preparing the certified Housing Element gives them an unparalleled understanding of the policies, programs, and local context for the implementation work. Ascent also assisted the City in the fourth and fifth Housing Element Cycles. This institutional knowledge and established working relationships with staff cannot be easily replicated by a new consultant without incurring significant time and cost for onboarding. Utilizing Ascent ensures continuity, efficiency, and consistency between the adopted plan and its implementation.
Additionally, Ascent brings specialized knowledge of state housing laws, HCD expectations, and implementation strategies that are beneficial to ensuring compliance with state mandates. Their experience supporting other jurisdictions with similar efforts, combined with their proven ability to navigate HCD’s complex requirements, positions them uniquely to support Clovis in this effort.
2. Time Sensitivity
The implementation of the Housing Element programs is subject to deadlines outlined in the individual programs approved by HCD. Delays in securing a qualified consultant could jeopardize the City’s ability to meet those requirements.
3. Cost and Administrative Efficiency
Initiating a formal procurement process would incur additional administrative costs and staff time without clear benefit, given that Ascent is already uniquely qualified and prepared to begin the work immediately. Entering into a direct agreement streamlin es 249
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the process, reduces duplication of effort, and allows the City resources to be directed toward implementation rather than procurement and onboarding.
Waiving the formal purchasing procedures is beneficial to the City, as it allows for the retention of a consultant with in-depth knowledge of the City’s Housing Element, experienced in housing program implementation, and a strong understanding of HCD requirements. This approach ensures the efficient use of resources, avoids unnecessary delays, and stream lines the implementation process.
FISCAL IMPACT
The proposed budget for this effort is $200,000 and would occur throughout the remainder of the eight (8) year planning period of the Housing Element. The cost for this work will be covered by the City’s General Plan Consultant funds. The contract will be updated on an as needed basis.
REASON FOR RECOMMENDATION
Adoption and certification of the Housing Element was a critical step into compliance with the state laws; however, continued compliance now depends on the effective implementation of the programs outlined in the Hosing Element. Ascent has significant experience assisting the City with past Housing Elements and played a key role in developing the current Housing Element and will be an invaluable resource in supporting the successful implementation of its programs.
ACTIONS FOLLOWING APPROVAL
Upon approval and execution of the contract, staff will begin coordinating with Ascent to initiate the work required for implementation of the Housing Element programs.
CONFLICT OF INTEREST
None.
Prepared by: Lily Cha, Senior Planner
Reviewed by: City Manager AH
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Attachment 1
CITY OF CLOVIS
CONSULTANT SERVICE AGREEMENT
This Consultant Services Agreement ("Agreement") is entered into between the City of Clovis, a California general law city ("City") and Ascent Environmental, Inc. ("Consultant") with respect to the following recitals, which are a substantive part of this Agreement. This Agreement shall be effective on August 18, 2025 ("Effective Date").
RECITALS
A. City desires to obtain, on an as-needed basis, services related to the implementation of Housing Programs outlined in the Housing Element ("Services") as described in the Consultant’s proposal attached hereto as Exhibit A and incorporated herein by reference.
B. Consultant is engaged in the business of furnishing the Services and hereby warrants and represents that Consultant is qualified, experienced, and capable of performing the Services, and possesses any required licenses, certifications, security/bonding, and/or training necessary to perform the Services.
C. City desires to retain Consultant, and Consultant desires to provide the City with the Services, on the terms and conditions as set forth in this Agreement.
NOW, THEREFORE, in consideration of the promises and mutual agreements herein, City and Consultant agree as follows:
AGREEMENT
1. Scope of Services. Consultant shall perform the Services described in the Recitals and detailed in Exhibits A. Changes in the scope of Services, including the work performed and/or deliverables produced, shall be made in writing and particularly describe the changes in Services, including payment/costs and schedule/term, as applicable.
2. Priority and Conflicts; Exclusions. No contractual terms and/or conditions found in Exhibit A shall purport to waive, disclaim, or limit Consultant’s liability, indemnification obligations, warranties, damages for breach or delay, or any security, bonding, or insurance requirements, and any such provisions shall have no force or effect with respect to this Agreement and the Services performed by Consultant.
3. Term of Agreement; Commencement of Services; Schedule. The term of this Agreement shall commence on August 18, 2025, and Consultant shall begin performing the Services on that date, unless otherwise instructed by City. This Agreement shall terminate on April 30, 2032, unless extended beyond that date by mutual consent of the Parties, for a period not exceeding 1 year. This Agreement may be terminated prior to the end of the term pursuant to Section 18 herein.
4. Payment for Services. City shall pay Consultant for the Services performed pursuant to this Agreement according to the rate(s) stated in Consultant’s Proposal, which is set forth in Exhibit A, as applicable. The total amount paid by City to Consultant shall not exceed Two Hundred Thousand Dollars ($200,000).
The foregoing is inclusive of all labor, equipment, materials, costs and expenses, taxes, and overhead. City shall pay Consultant for Services satisfactorily performed pursuant to this Agreement.
Consultant shall submit monthly invoices to City containing detailed billing information regarding the Services provided and unless otherwise specified in Exhibit A, City shall tender payment to Consultant 251
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2 within thirty (30) days after receipt of invoice.
Consultant’s rates, as identified in Exhibit A, may be subject to adjustment no more than once annually, upon mutual written agreement of both parties. Any proposed rate adjustment must be submitted in writing by Consultant at least thirty (30) days prior to the proposed rate effective date and shall be subject to review and approval by the Planning and Development Services Director. Approved adjustments shall be documented in an amendment to this agreement.
5. Independent Contractor Status. Consultant and its subcontractors shall perform the Services as independent contractors and not as officers, employees, agents or volunteers of City. Consultant is engaged in an independently established trade, occupation, or business to perform the Services required by this Agreement and is hereby retained to perform work that is outside the usual course of City’s business.
Consultant is free from the control and direction of City in connection with the manner of performance of the work. Nothing contained in this Agreement shall be deemed to create any contractual relationship between City and Consultant's employees or subcontractors, nor shall anything contained in this Agreement be deemed to give any third party, including but not limited to Consultant's employees or subcontractors, any claim or right of action against City.
6. Consultant Representations; Standard of Care; Compliance with Law. Consultant represents that Consultant and any subcontractors utilized by Consultant are and will be qualified in the field for which Services are being provided under this Agreement and Consultant and any subcontractors are now, and will be throughout their performance of the Services under this Agreement, properly licensed, certified, secured/bonded, trained, and/or otherwise qualified and authorized to perform the Services required and contemplated by this Agreement, as may be required by law. Consultant and its subcontractors shall utilize the standard of care and skill customarily exercised by members of their profession, shall use reasonable diligence and best judgment while performing the Services, and shall comply with all applicable laws, regulations, and industry standards.
7. Power to Act on Behalf of City. Consultant is not acting as an agent of City and shall not have any right, power, or authority to create any obligation, express or implied, or make representations on behalf of City except as may be expressly authorized in advance in writing from time to time by City and then only to the extent of such authorization.
8. Record Keeping; Reports. Consultant shall keep complete records showing the type of Services performed. Consultant shall be responsible and shall require its subcontractors to keep similar records. City shall be given reasonable access to the records of Consultant and its subcontractors for inspection and audit purposes. Consultant shall provide City with a working draft of all reports upon reasonable request by City and of all final reports prepared by Consultant under this Agreement.
9. Ownership and Inspection of Documents. All data, tests, reports, analyses, documents, records, conclusions, opinions, recommendations and other work product generated by or produced for Consultant or its subcontractors in connection with the Services, regardless of the medium, including physical drawings and materials recorded on computer discs or other electronic devices ("Work Product"), shall be and remain the property of City. City shall have the right to use, copy, modify, and reuse the Work Product as it sees fit.
Upon City's request, Consultant shall make available for inspection and copying all such Work Product and all Work product shall be turned over to City promptly at City's request or upon termination of this Agreement, whichever occurs first. Consultant shall not release any Work Product to third parties without prior written approval of City. This obligation shall survive termination of this Agreement and shall survive for four (4) years from the date of expiration or termination of this Agreement.
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3 connection with the Services performed pursuant to this Agreement shall be kept confidential and shall be disclosed only to City, unless otherwise provided by law or expressly authorized by City. Consultant shall not disclose or permit the disclosure of any confidential information acquired during performance of the Services, except to its agents, employees and subcontractors who need such confidential information in order to properly perform their duties relative to this Agreement. Consultant shall also require its subcontractors to be bound to these confidentiality provisions.
11. City Name and Logo. Consultant shall not use City's name or insignia, photographs relating to the City projects or work for which Consultant's services are rendered, or any publicity pertaining to the Consultant's Services under this Agreement in any magazine, trade paper, newspaper, television or radio production, internet website, social media, or other similar medium without the prior written consent of City.
12. Conflicts of Interest. Consultant warrants that neither Consultant nor any of its employees have an improper interest, present or contemplated, in the Services which would affect Consultant’s or its employees’ performance of the Services and the Work Product produced. Consultant further warrants that neither Consultant nor any of its employees have real property, business interests or income that will be affected by the Services. Consultant covenants that no person having any such interest, whether an employee or subcontractor shall perform the Services under this Agreement. During the performance of the Services, Consultant shall not employ or retain the services of any person who is employed by the City or a member of any City Board or Commission.
13. Non-liability of Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successors in interest, in the event of a default or breach by City for any amount which may become due Consultant or its successor, or for any breach of any obligation under the terms of this Agreement.
14. City Right to Employ Other Consultants. Unless Exhibit A specifically provides that the Services City seeks pursuant to this Agreement are exclusive to Consultant, this Agreement and performance of the Services are non-exclusive and City reserves the right to employ other consultants in connection with the Services while this Agreement is in effect.
15. Termination of Agreement. This Agreement shall terminate as provided in Section 3, unless terminated earlier pursuant to the following:
a. Termination by City: For Convenience. City may at its discretion terminate this Agreement for convenience and without cause upon fourteen (14) days prior written notice to Consultant. Upon receipt of a termination notice pursuant to this subsection, Consultant shall promptly discontinue all Services affected, unless the notice directs otherwise.
b. Termination by City or Consultant: For Cause. Either party may terminate this Agreement upon ten (10) days prior written notice to the other party of a material breach, and a failure within that time period to cure or commence reasonable steps to cure the breach.
c. Compensation to Consultant Upon Termination. Consultant shall be paid compensation for Services satisfactorily performed prior to notice of termination. As to any phase partially performed but for which the applicable portion of Consultant's compensation has not become due, Consultant shall be paid the reasonable value of its Services provided. However, in no event shall such payment when added to any other payment due under the applicable part of the work exceed the total compensation of such part as specified Section 4. In the event of termination due to Consultant’s failure to perform in accordance with the terms of this Agreement through no fault of City, City may withhold an amount that would otherwise be payable as an offset to City's damages caused by such failure.
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4 d. Effect of Termination. Upon termination of this Agreement, Consultant shall: (i) promptly discontinue all Services affected, unless the notice of termination directs otherwise; and (ii) deliver or otherwise make available to the City, without additional compensation, all Work Product and/or deliverables accumulated by the Consultant in performing this Agreement, whether completed or in process. Consultant may not refuse to provide such Work Product for any reason whatsoever.
16. Insurance. Consultant shall satisfy the insurance requirements set forth in Exhibit B.
17. Indemnity and Defense. Consultant hereby agrees to indemnify and hold the City, its officials, officers, employees, agents, and volunteers harmless from and against all claims, demands, causes of action, actions, damages, losses, expenses, and other liabilities, (including without limitation reasonable attorney fees and costs of litigation) but only to the extent actually caused by the negligent acts, errors, or omissions of Consultant or its subcontractors relating to the performance of Services described herein to the fullest extent permitted by law, unless the injuries or damages are the result of City's negligence or willful misconduct, subject to any limitations imposed by law. Consultant and City agree that said indemnity and defense obligations shall survive the expiration or termination of this Agreement for any items specified herein that arose or occurred during the term of this Agreement.
18. Taxes. Consultant agrees to pay all taxes, licenses, and fees levied or assessed by any governmental agency on Consultant incident to the performance of Services under this Agreement, and unemployment and workers’ compensation insurance, social security, or any other taxes upon the wages of Consultant, its employees, agents, and representatives. Consultant agrees to obtain and renew an annual business tax certificate from City and pay the applicable annual business registration tax to City during the term of this Agreement.
19. Assignment. Neither this Agreement nor any duties or obligations hereunder shall be assignable by Consultant without the prior written consent of City. In the event of an assignment to which City has consented, the assignee shall agree in writing to personally assume and perform the covenants, obligations, and agreements herein contained. In addition, Consultant shall not assign the payment of any monies due Consultant from City under the terms of this Agreement to any other individual, corporation or entity. City retains the right to pay any and all monies due Consultant directly to Consultant.
20. Form and Service of Notices. Any and all notices or other communications required or permitted by this Agreement or by law to be delivered to, served upon, or given to either party to this Agreement by the other party shall be in writing and shall be deemed properly delivered, served or given by one of the following methods:
a. Personally delivered to the party to whom it is directed. Service shall be deemed the date of delivery.
b. Delivered by e-mail to a known address of the party to whom it is directed provided the e- mail is accompanied by an acknowledgment of receipt by the other party. Service shall be deemed the date of acknowledgement.
c. Delivery by a reliable overnight delivery service, ex., Federal Express, receipted, addressed to the addressees set forth below the signatories to this Agreement. Service shall be deemed the date of delivery.
d. Delivery by deposit in the United States mail, first class, postage prepaid. Service shall be deemed delivered ninety-six (96) hours after deposit.
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5 21. Entire Agreement. This Agreement, including the Exhibits and any other attachments, represents the entire Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either written or oral with respect to the subject matter herein. This Agreement may be amended only by written instrument signed by both City and Consultant.
22. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns.
23. Authority. The signatories to this Agreement warrant and represent that they have the legal right, power, and authority to execute this Agreement and bind their respective entities.
24. Severability. In the event any term or provision of this Agreement is declared to be invalid or illegal for any reason, this Agreement will remain in full force and effect and will be interpreted as though such invalid or illegal provision were not a part of this Agreement. The remaining provisions will be construed to preserve the intent and purpose of this Agreement and the parties will negotiate in good faith to modify any invalidated provisions to preserve each party’s anticipated benefits.
25. Applicable Law and Interpretation and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. The language of all parts of this Agreement shall, in all cases, be construed as a whole, according to its fair meaning, and not strictly for or against either party. This Agreement is entered into by City and Consultant in the County of Fresno, California. Consultant shall perform the Services required under this Agreement in the County of Fresno, California. Thus, in the event of litigation, venue shall only lie with the appropriate state or federal court in Fresno County.
26. Amendments and Waiver. This Agreement shall not be modified or amended in any way, and no provision shall be waived, except in writing signed by the parties hereto. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. Failure of either party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the remaining provisions of this Agreement.
27. Third Party Beneficiaries. Nothing in this Agreement shall be construed to confer any rights upon any party not a signatory to this Agreement.
28. Execution in Counterparts. This Agreement may be executed in counterparts such that the signatures may appear on separate signature pages. A copy or an original, with all signatures appended together, shall be deemed a fully executed Agreement.
29. Alternative Dispute Resolution. If a dispute arises out of or relating to this Agreement, or the alleged breach thereof, and if said dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by non-binding mediation before resorting to litigation. The mediator shall be mutually selected by the parties, but in case of disagreement, the mediator shall be selected by lot from among two nominations provided by each party. All costs and fees required by the mediator shall be split equally by the parties, otherwise each party shall bear its own costs of mediation. If mediation fails to resolve the dispute within thirty (30) days, either party may pursue litigation to resolve the dispute.
Demand for mediation shall be in writing and delivered to the other party to this Agreement.
A demand for mediation shall be made within reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for mediation be made after the date when institution of 255
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6 legal or equitable proceedings based on such a claim, dispute or other matter in question would be barred by California statues of limitations.
30. Non-Discrimination. Consultant shall not discriminate on the basis of any protected class under federal or State law in the provision of the Services or with respect to any Consultant employees or applicants for employment. Consultant shall ensure that any subcontractors are bound to this provision. A protected class, includes, but is not necessarily limited to race, color, national origin, ancestry, religion, age, sex, sexual orientation, marital status, and disability.
Now, therefore, the City and Consultant have executed this Agreement on the date(s) set forth below.
CONSULTANT CITY OF CLOVIS
By: _______________________________ By: ______________________________ Christine Babla, AIA, AICP, LEED AP, Principal Andrew Haussler, City Manager
Date: __________________ Date: ______________________
Party Identification and Contact Information:
Consultant
Ascent Environmental, Inc.
Attn: Christine Babla, AIA, AICP, LEED AP
Principal
455 Capitol Mall, Suite 300
Sacramento, CA 95814
Email: [email protected]
Phone: (619) 366.3468
City of Clovis
Planning and Development Services
Attn: Lily Cha, MPA, AICP
Senior Planner
1033 Fifth Street
Clovis, CA 93612
Email: [email protected]
Phone: (559) 324-2335
ATTEST
_______________________________
_____________, City Clerk
APPROVED AS TO FORM
_______________________________
______________, City Attorney
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AGENDA ITEM NO. 11.
EXHIBIT A
CONSULTANT PROPOSAL
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www.ascent.inc
ASCENT ENVIRONMENTAL, INC. DBA ASCENT // 455 CAPITOL MALL, SUITE 300, SACRAMENTO, CA 95814 // O 916.444.7301 F 916.444.3927 June 2, 2025
Lily Cha-Haydostian
City of Clovis
1033 Fifth Street
Clovis, CA, 93612
via email: [email protected]
Subject: Proposed Scope of Work and Budget for As-Needed Implementation Support for the City of Clovis Sixth Cycle Housing Element
Dear Lily:
We are pleased to provide you with a proposed scope of work and budget to provide as-needed implementation support for the City of Clovis Sixth Cycle Housing Element. Please do not hesitate to contact us if you have any questions, would like to discuss this request further, or require additional information. We look forward to continuing to work with you to support implementation of your housing element.
Sincerely,
Chelsey Norton Payne, AICP Christine Babla, AIA, AICP, LEED AP Project Director Principal
p: 916.306.2621 p: 619.366.3468
e: [email protected] e: [email protected]
Attachments:
A Scope of Work
B Cost Proposal
C Ascent Rate Schedule (2025)
Exhibit A
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AGENDA ITEM NO. 11.
20250117.01
Ascent June 2, 2025
ATTACHMENT A
PROPOSED SCOPE OF WORK FOR AS-NEEDED IMPLEMENTATION SUPPORT
FOR THE CITY OF CLOVIS SIXTH CYCLE HOUSING ELEMENT
INTRODUCTION
Based on our understanding of the City’s goals, we have developed a scope of work and budget for as- needed housing element implementation support.
Task 1: Housing Element Implementation Support
Ascent will work with the City on an as-needed basis to assist with implementation of housing element programs. This may include, but is not limited to the following potential tasks:
• Preparing annual progress reports (APRs) or advising the City on new reporting requirements; • Serving as a liaison between the City and the California Department of Housing and Community Development (HCD) when HCD advice or consultation is needed; • Providing strategic guidance on timelines, HCD procedures, and statutory requirements for housing element implementation;
• Preparing zoning text amendments and updating development standards; • Sharing model ordinances, resources, and best practices from other jurisdictions; • Development feasibility studies and visualizations;
• Preparing presentations or reviewing staff reports and associated materials for public hearings and community meetings;
• Studies, reports, and documentation for compliance with the California Environmental Quality Act (CEQA);
• Geographic Information Systems (GIS) mapping and spatial analysis; • Emailing and attending virtual conference calls with the City to answer questions and provide general support for implementation tasks; and
• Other tasks to be determined.
Task 2: Management, Meetings, and Related Coordination This task includes project management and administrative support for the duration of the contract and will be estimated at a standard rate of fifteen percent (15%) of the total labor budget of a task order. This includes time to coordinate on task orders, develop scopes of work and budgets for individual task orders, prepare monthly invoices and progress reports, and perform other administrative tasks to ensure successful management of the project.
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20250117.01
Ascent June 2, 2025
ATTACHMENT B
COST PROPOSAL
AS-NEEDED IMPLEMENTATION SUPPORT FOR
THE SIXTH CYCLE HOUSING ELEMENT
CITY OF CLOVIS
As-needed services shall not exceed $200,000, to be billed on a time and materials basis. The proposed billing rates are shown in Attachment C, and are based on Ascent’s standard rates. Rates apply to the 2025 calendar year, and are updated annually or as allowed by the contract terms. Budget augmentations and contract amendments will be calculated using updated billing rates, unless precluded by contract terms.
ASSUMPTIONS.
1. Time and Materials: Work is authorized on a time-and-materials basis and will be billed monthly.
2. Billing Rates. Ascent’s current billing rates for the 2025 calendar year are included in Attachment C.
Any budget augmentations or contract amendments in subsequent years will be calculated using updated billing rates, unless precluded by contract terms.
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20250117.01
Ascent June 2, 2025
ATTACHMENT C
Ascent Rate Schedule (2025)
Labor Classification Billing Rate
Principals
Principal III $350
Principal II $315
Principal I $295
Project Managers
Senior Project Manager III $275
Senior Project Manager II $255
Senior Project Manager I $220
Project Manager II $190
Project Manager I $175
Assistant Project Manager $155
Project Directors and Technical Specialists
Director III $300
Director II $285
Director I $270
Environmental Planner III/ Specialist III $265
Environmental Planner II/Specialist II $250
Environmental Planner I/Specialist I $240
Senior Planner III/ Urban Design III $220
Senior Planner II/ Urban Design II $205
Senior Planner I/ Urban Design I $195
Technical Staff
Environmental Planner/Specialist III $220
Environmental Planner/Specialist II $210
Environmental Planner/Specialist I $195
Planner III / Designer III/ Env Planner III $175
Planner II / Designer II/ Env Planner II $155
Planner I/ Designer I/ Env Planner I $140
Asst Planner II/ Asst Designer II/ Asst Env Planner II $130 Asst Planner I/ Asst Designer I/ Asst Env Planner I $115 GIS and Graphic Support
Senior GIS Specialist $195
GIS Specialist $160
GIS Staff $140
Graphics Manager $150
Graphics Specialist $130
Document Production and Technical Editing
Technical Editor $155
Document Production Manager $150
Senior Publishing Specialist $140
Publishing Specialist $130
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AGENDA ITEM NO. 11.
20250117.01
Ascent June 2, 2025
Billing, Project Support, and Project Assistants
Project Accountant, Contracts Administrator $150
Office Administrator, Project Assistant, Admin Assistant $115 Intern $90
*Ascent’s labor rates are subject to an annual increase of 4%.
Direct Costs Rates
Reproduction: 8½” by 11” $0.07/page (b/w); 0.26/page (color) Reproduction: 11” by 17” $0.14/page B&W; $0.52/page color Reproduction: Plotter $5/square foot in-house, or as incurred Reproduction: CDs $10/disc
Automobile Mileage (IRS rate in effect) $0.67
Noise Meter $100/half day, $150/day, $200/day plus
overnight, $500/week
GPS Unit $100/half day, $150/day, $200/day plus
overnight, $500/week
Bat Detector (Echo Meter Touch for iOS) $50/full day, $200/week Bat Detector (Song Meter SM4Bat FS) $125/full day, $500/week Spotting Scope $50/day, $200/week
Lodging and/or Per Diem Government rates or as negotiated Subcontractors; Other Direct Costs 5% mark-up; as incurred
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EXHIBIT B
INSURANCE REQUIREMENTS
Prior to commencement of the Services, Consultant shall take out and maintain at its own expense the insurance coverage required by this Exhibit B. Consultant shall cause any subcontractor with whom Consultant 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 Consultant’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. Consultant shall maintain the following types of insurance with limits no less than specified:
(i) Professional Liability Insurance (Errors and Omissions) in an amount not less than $2,000,000.00 per occurrence or claim and $2,000,000 in the aggregate. Said insurance shall be maintained for an additional period of five years following the earlier of completion of Consultant’s Services under this Agreement or termination of this Agreement.
(ii) 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.
(iii) Worker's Compensation Insurance as required by the State of California.
(iv) 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 Consultant purchases an Umbrella or Excess insurance policy(ies) to meet the “Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non-contributory basis for the benefit of the City, its officers, officials, employees, agents and volunteers.
If Consultant 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 Consultant; and with respect to liability arising out of work or operations performed by or on behalf of the Consultant 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 Consultant’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).
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(ii) For any claims related to the Services performed pursuant to this Agreement, the Consultant'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 Consultant'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) Consultant grants to the City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance.
Consultant 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 Consultant 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. Consultant 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, notwithstanding anything to the contrary in this Agreement, to Consultant's right to be paid any compensation under this Agreement. City's failure, at any time, to object to Consultant'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 Consultant fails to furnish and maintain the insurance required by this section, City may (but is not required to) purchase such insurance on behalf of Consultant, and the Consultant shall pay the cost thereof to City upon demand, and City shall furnish Consultant with any information needed to obtain such insurance. Moreover, at its discretion, City may pay for such insurance with funds otherwise due Consultant under this Agreement.
e. Subcontractors. If the Consultant should subcontract all or any portion of the work to be performed in this Agreement, the Consultant 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 expressly 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 Consultant to City under this Agreement.
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AGENDA ITEM NO. 11.
TO: Mayor and City Council
FROM: Police Department
DATE: August 18, 2025
SUBJECT: Police - Approval - Res. 25 -___, Authorizing the Police Chief to execute the 202 5-2026 Department of Alcoholic Beverage Control Alcohol Policing Partnership Grant Agreement and amend the Police Department budget to reflect the award of $78,423.
ATTACHMENTS: 1. Res 25 - ___
2. Copy of Grant Award Letter
RECOMMENDATION
For the City Council to authorize the Police Chief to execute the grant agreement with the Department of Alcoholic Beverage Control; and for the City Council to approve a resolution amending the 202 5-2026 Budget for the Police Department to reflect the gra nt award in the amount of $78,423.
EXECUTIVE SUMMARY
The Clovis Police Department has been awarded a grant through the Department of Alcoholic Beverage Control in the amount of $78,423 to reduce the number of violations at ABC-licensed establishments and reduce minors’ access to alcohol through a combination of enforcement and education. Grant funds will primarily offset personnel costs, allowing the Police Department to staff focused enforcement details utilizing minor decoy operations, shoulder tap opera tions, licensee inspections, and community education.
BACKGROUND
The Police Department applied for the Department of Alcoholic Beverage Control Police Partnership Grant. Through a competitive application process, the Police Department has been awarded funds to be used for enforcement activities resulting in greater compliance by local businesses and a reduction in alcohol-related crime at ABC-licensed establishments.
FISCAL IMPACT
Acceptance of this grant is not expected to have any impact on the allocation of funds in the police department's 2025-2026 budget. The Police Department will utilize grant funds to pay for all overtime costs for officers to work enforcement and education details. All details will be staffed with overtime and will not pull resources from other patrol responsibilities. Some 265
AGENDA ITEM NO. 12.
administrative activities associated with the grant will be conducted during the program manager's regular duty hours.
REASON FOR RECOMMENDATION
The Department of Alcoholic Beverage Control requires the Clovis City Council's approval to execute the grant agreement and amend the Police Department’s 2025-2026 budget to reflect the award.
ACTIONS FOLLOWING APPROVAL
Staff will submit the approved resolution and execute the agreement. After the Council’s approval, the 2025-2026 police department budget will be amended as described.
CONFLICT OF INTEREST
None.
Prepared by: Sandi Macy, Management Analyst
Reviewed by: City Manager AH
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AGENDA ITEM NO. 12.
ATTACHMENT 1
RESOLUTION 25-__
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS
AUTHORIZING THE CHIEF OF POLICE TO EXECUTE THE DEPARTMENT OF
ALCOHOLIC BEVERAGE CONTROL GRANT AGREEMENT AND AMEND THE 2025-2026 POLICE DEPARTMENT BUDGET
WHEREAS, the City Council of the City of Clovis approved the 2025-2026 Budget on June 16, 2025; and
WHEREAS, the Police Department has been awarded $78,423.00 from the Department of Alcoholic Beverage Control for the Grant Assistance Program; and
WHEREAS, the City Council determines that these expenditures are necessary; and
WHEREAS, it is agreed , that any liability arising out of the performance of the contract, including civil court actions for damages, shall be the responsibility of the grant recipient and the authorizing agency. The State of California and ABC disclaims responsibility for any such liability.
NOW, THEREFORE, BE IT RESOLVED that the City of Clovis hereby authorizes the Chief of Police to execute the Alcoholic Beverage Control Alcohol Po licing Partnership grant agreement.
NOW THEREFORE, BE IT FURTHER RESOLVED by the City of Clovis that the 2025- 2026 Budget be amended as provided in Attachment A, “Summary of Expenditures.”
* * * * *
The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on August 18, 2025, by the following vote, to wit.
AYES:
NOES:
ABSENT:
ABSTAIN:
DATED:
______________________________ ______________________________ Mayor City Clerk
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AGENDA ITEM NO. 12.
ATTACHMENT A
SUMMARY OF EXPENDITURES BY DEPARTMENT
DEPARTMENT
POLICE $78,423
TOTAL DEPARTMENT $78,423
SUMMARY OF EXPENDITURES BY FUND
GENERAL FUND $78,423
TOTAL FUND $78,423
All expenditures will be out of the grant budget 56300.
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STATE OF CALIFORNIA — BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY Gavin Newsom, Governor
DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL
3927 Lennane Drive, Suite 100
Sacramento, CA 95834
(916) 419
-2500
J
une 2, 2025
Ch
ief Curt Fleming
Clovis Police Department
1233 Fifth Street
Clovis, CA 93612
D
ear Chief Curt Fleming:
C
ongratulations! Your agency has been selected by the Department of Alcoholic Beverage Control (ABC) to receive a 2025/2026 Alcohol Policing Partnership (APP) grant. We look forward to working with your department to meet the goals and objectives in your proposal.
A g
rant agreement will be forthcoming in the next couple of weeks which requires a resolution from your agency’s governing body. A sample resolution was included in the Request for Proposal packet. Due to the fact that these resolutions typically have to be on your governing body’s calendar, we ask that you do so as soon as possible.
W
e will be hosting a two and half day training conference beginning at 8:30 am on July 15, 2025 and ending at approximately 12:00 pm on July 17, 2025. This conference offers valuable training in alcohol enforcement and serves as an excellent opportunity for the representatives from your agency to meet our ABC staff and share information with other law enforcement agencies from across the State.
Thi
s year the conference will be held at the Embassy Suites Anaheim South, 11767 Harbor Blvd., Garden Grove, CA 92840. The conference will accommodate up to two sworn attendees from each agency. It is recommended that your sworn Project Director and an officer/deputy assigned to the grant program attend. There is a $325 registration fee per person to attend the conference. This fee is reimbursable through the grant.
E
nclosed is the conference registration form to be filled out and returned by June 14, 2025.
A
block of rooms at a special conference rate of $189 plus tax/fees has been reserved for grant agency participants.1 Please note that all attendees must make 1 Based on State regulations we are unable to reimburse agencies that are within a 50 mile radius form the Embassy Suites Anaheim South. The distance is based on the agency’s physical headquarters address. Agency(s) that fall in this category are: Buena Park PD, Downey PD, Fontana PD, Fullerton PD, Huntington Park PD, Inglewood PD, Long Beach PD, Los Angeles PD, Ontario PD, Orange CO, Riverside PD, Upland PD/Claremont PD and Westminster PD. Travel reimbursable costs for the aforementioned agency(s) will be limited to the registration fee only.
ATTACHMENT 2
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reservations by the hotel deadline of June 14, 2025, to guarantee the special room rate or availability.
Space at the hotel is limited and late registrants will have to find their own accommodations.
Participants can go to the following website to make reservations. https://www.hilton.com/en/attend-my-event/laxgdes-926-94195dc8-5c1b-403b-a075- e851ce54ec88/
Due to the short time frame for registering at the hotel, your prompt attention is appreciated. The special room rate will only be available until June 14, 2025, or until the group block is sold out, whichever comes first.
If you have any questions, please email Kristine Okino, Grant Coordinator at [email protected].
Sincerely,
Enclosure
Cc: Cpl. Sean O’Brien , Project Director
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AGENDA ITEM NO. 12.
TO: Mayor and City Council
FROM: Police Department
DATE: August 18, 2025
SUBJECT: Consider various a ctions Related to Tobacco Retailer Violations and Hearing Officer Authority.
a. Consider Introduction – Ord. 25-____, Amending Chapter 5.28 to Title 5 of the Clovis Municipal Code relating to Appeals.
b. Consider Introduction – Ord. 25-____, Amending Chapter 5.35 to Title 5 of the Clovis Municipal Code relating to Tobacco Retailers.
Staff: Sean O’Brien, Police Corporal
Recommendation: Approve
ATTACHMENTS: 1. Ord. 25-____ Related to Appeals
2. Ord. 25-____ Related to Tobacco Retailers
RECOMMENDATION
Consider various actions for the City Council to approve the introduction of Ordinance amending Chapters 5.28 and 5.35 of the Clovis Municipal Code to clarify the fines associated with violations at tobacco licensed businesses as well as clarifying limitations on hearing officer’s decisions to establish whether a violation has occurred or not.
EXECUTIVE SUMMARY
The Police Department, in conjunction wi th the City Attorney’s office, prepared the proposed amendments to the Clovis Municipal Code for clarifying fines and penalties associated with violations occurring at Tobacco Retailer’s locations within the City of Clovis as explicitly allowed by state la w. This amendment will also clarify the limitations of the appeal hearing officers decisions to that of establishing whether a violation of the municipal code has occurred as alleged. This allows staff to use discretion and take hardships and any other pertinent information into consideration in determining appropriate fines at the conclusion of appeal hearings.
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The proposed amendments in brief are:
- Amending of verbiage in section 5.35.15 stipulated fine in lieu of hearing ; subsections (a) and (b). Thi s allows discretion at the time a citation is issued for officers to issue monetary fine and/or a suspension.
- Clarifies fine amounts for all involved parties.
- Amending section 5.28.104, clarifying the limitations of a hearing officer’s decision.
BACKGROUND
Clovis municipal code Chapter 5.35 was approved and went into effect in June 2024. All active tobacco businesses were given at least 90 days to come into compliance. Starting in September 2024 enforcement action be gan at the city level. Since September 24, 2024 , the Clovis Police Department has issued more than 40 citations. There have only been about five businesses that were repeat offenders since implementation of the ordinance. Currently, all businesses that have had enforcement actions taken are in compliance with issues that have been addressed. Since beginning enforcement, we found that section 5.35.15 (Stipulated fine in lieu of hearing ;) only addressed the tobacco retailer and not every person, primarily employees, who may be violators but are not owners . We have also found that using discretion and forgoing the tobacco retail license suspension in most cases has fostered a better working relationship with most businesses. Some repeat offender businesses came in to compliance when suspensions were issued.
The majority of the appeal hearings that have been requested related to tobacco enforcement have been from employees. On multiple occasions, hearing officers presiding over these appeals hearings have taken it upon themselves to unilaterally lower the fine amounts in consideration of the appellant’s claimed hardships. The amendments to sections 5.28.104 will clarify that the hearing officers’ decisions are limited to determining whether a violation of the ordinance has occurred. This will allow City staff to exercise their discretion (as opposed to the hearing officer) to take financial hardships and other factors into account and ensure equal application of penalties when appeals are filed separately by the busi ness and the employee and heard by different appeals hearing officers.
FISCAL IMPACT
None.
REASON FOR RECOMMENDATION
The proposed ordinance amendment will enhance the City’s ability to enforce compliance with federal, state, and local laws intended to r egulate tobacco sales and use; and to prevent the illegal sales of tobacco products to minors while ensuring equal enforcement of penalties at the outcome of hearings.
ACTIONS FOLLOWING APPROVAL
Staff will implement the code amendments and enforce the code.
CONFLICT OF INTEREST
None.
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AGENDA ITEM NO. 13.
Prepared by: Sean O’Brien, Police Corporal
Reviewed by: City Manager AH
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AGENDA ITEM NO. 13.
ATTACHMENT 1
ORDINANCE 25-__
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLOVIS AMENDING SECTION 5.28.104 OF CHAPTER 5.28 TO TITLE 5 OF THE CLOVIS MUNICIPAL
CODE RELATING TO APPEALS
NOW THEREFORE, the City Council of the City of Clovis does ordain as follows:
Section 1. Section 5.28.104 of Chapter 5.28 of Title 5 of the Clovis Municipal Code is hereby amended to read as follows:
5.28.104 – Appeals.
The owner or any other person interested in the property, land, or lots affected by the abatement notice set forth in Section 5.28.102 may file an appeal with the City Clerk subject to the following procedures:
(a) Appeal in writing. The appeal shall be in writing. The appeal shall state the basis for the appeal with sufficient specificity so that the hearing office r or Board of Appeals can understand the basis for the appeal and shall include the name, address, and telephone number of the person filing the appeal.
(b) Time to appeal: Weeds, rubbish, and dangerous material. For weeds, rubbish, and dangerous material the appeal shall be received by the City Clerk within ten (10) days after the date of the notice.
(c) Time to appeal: Other nuisances. For all other violations, the appeal shall be received by the City Clerk within thirty (30) days after the date of the notice.
(d) Dismissal of appeal. Appeals not timely filed or not setting forth the basis for the appeal shall be dismissed.
(e) Board of Appeals. For building and fire code violations, including codes incorporated by reference, appeals shall be heard by a Board of Appeals established as follows:
(i) Board of Appeals for California Fire Code. The Board of Appeals shall consist of three (3) members who are qualified by experience and training to pass on matters pertaining to hazards of fire, explosions, hazardous conditions or fire protection systems, and are not employees of the City. The Board of Appeals shall be appointed by the City Council and shall hold office at its pleasure. The Fire Code Official shall serve as Clerk to the Board.
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(ii) Board of Appeals for California Building and Related Codes incorporated by reference and for dangerous buildings. The Board of Appeals shall consist of three (3) members who are qualified by experience and training to pass on matters pertaining to building construction and are not emplo yees of the City. The Board of Appeals shall be appointed by the City Council and shall hold office at its pleasure. The Building Official shall serve as Clerk to the Board.
(f) Hearing officer. For all other violations, appeals shall be heard by a hearing officer appointed by the City Manager . The hearing officer’s decision shall be limited to determining whether the violation(s) occurred and whether the recipient of the administrative citation has caused or maintained the violation(s) on the date(s) specifie d in the administrative citation or is otherwise a responsible party.
(g) Timing of appeal and abatement. The hearing on an appeal from an abatement notice shall be held prior to the abatement except in those circumstances where the enforcement official has d etermined that the nuisance condition(s) present an imminent danger to the public, including, but not limited to, hazardous materials, or where the time of year increases the potential for a fire. In those circumstances the appeal hearing may be held after the abatement.”
Section 2. The City Clerk is hereby directed to cause a summary of this Ordinance to be published by one insertion in a newspaper of general circulation in the community at least five (5) days prior to adoption, and again fifteen (15) days after its adoption. If a summary of the ordinance is published, then the City Clerk shall cause a certified copy of the full text of the proposed ordinance to be posted in the office of the City Clerk at least five days prior to the Council meeting at which the ordinance is adopted a d again after the meeting at which the ordinance at which adopted and again after the meeting at which the ordinance is adopted. The summary shall be approved by the City Attorney.
Section 4. This ordinance shall go into effect and be in full force and o peration from and after thirty (30) days after its final passage and adoption.
APPROVED: ______________, 2025
Mayor City Clerk
//
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* * * * * * * * * *
275
AGENDA ITEM NO. 13.
The foregoing Ordinance was introduced and read at a regular meeting of the City Council held on ____ ________________, 2025, and was adopted at a regular meeting of said Council held on _____________________________, 2025, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
DATED: _______________, 2025
City Clerk
276
AGENDA ITEM NO. 13.
ATTACHMENT 2
ORDINANCE 25-__
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLOVIS AMENDING SECTION 5.35.14 OF CHAPTER 5.35 TO TITLE 5 OF THE CLOVIS MUNICIPAL
CODE RELATING TO TOBACCO RETAILERS
NOW THEREFORE, the City Council of the City of Clovis does ordain as follows:
Section 1. Section 5.35.14 of Chapter 5.35 of Title 5 of the Clovis Municipal Code is hereby amended to read as follows:
5.35.14 – Other penalties.
The remedies provided by this Chapter are cumulative and in addition to any other remedies available at law or in equity.
(a) Violations of this Chapter may, in the discretion of the City Attorney, be prosecuted as infractions or misdemeanors.
(b) Causing, permitting, aiding, abetting, or concealin g a violation of any provision of this Chapter shall constitute a violation.
(c) Tobacco products , drug paraphernalia, and any other products or items offered for sale or exchange in violation of this Chapter are subject to seizure by the Department, its agen ts, or any peace officer and shall be forfeited after the proprietor or any other owner of the seized property is given notice and opportunity to appeal pursuant to Section 5.35.13.
Forfeited items shall be destroyed after internal appeals have been exhausted or waived and the time in which to seek judicial review pursuant to Code of Civil Procedure section 1094.6 has expired, or if such judicial action is filed, after judgment in that action becomes final.
(d) Violations of this Chapter are hereby declared to be public nuisances.
(e) In addition to any other remedy authorized by law, any person or proprietor who violates this Chapter may be subject to the following administrative fines:
(1) After a first violation, an administrative penalty of $1,000; and
(2) After a second violation within any sixty (60) month period, a n administrative penalty of $5,000 per violation.”
Section 2. Section 5.35.15 of Chapter 5.35 of Title 5 of the Clovis Municipal Code is hereby deleted in its entirety, and Section 5.35.16 is now renumbered to 5.35.15.
277
AGENDA ITEM NO. 13.
Section 3. The City Clerk is hereby directed to cause a summary of this Ordinance to be published by one insertion in a newspaper of general circulation in the community at least five (5) days prior to adoption, and again fifteen (15) days after its adoption. If a summary of the ordinance is published, then the City Clerk shall cause a certified copy of the full text of the proposed ordinance to be posted in the office of the City Clerk at least five days prior to the Council meeting at which the ordinance is adopted ad again after the meeting at which the ordinance at which adopted and again after the meeting at which the ordinance is adopted. The summary shall be approved by the City Attorney.
Section 4. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption.
APPROVED: ______________, 2025
Mayor City Clerk
* * * * * * * * * *
The foregoing Ordinance was introduced and read at a regular meeting of the City Council held on ____________________, 2025, and was adopted at a regular meeting of said Council held on _____________________________, 2025, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
DATED: _______________, 2025
City Clerk
278
AGENDA ITEM NO. 13.
TO: Mayor and City Council
FROM: Planning and Development Services Department
DATE: August 18, 2025
SUBJECT: Workshop – Planning 101 session on the City’s annexation process and planning entitlement procedures.
Staff: George González, City Planner
Recommendation: Receive and File
ATTACHMENTS: None.
City Planner George González will provide a verbal presentation on this item.
Please direct questions to the City Manager’s office at 559-324-2060. 279
AGENDA ITEM NO. 14.