August 17, 2026 - 1 - 6:00 PM
Agenda • City Council Meeting
Council Chamber, 1033 Fifth Street, Clovis, CA 93612 (559) 324-2060 ClovisCa.gov
August 17, 2026 6:00 PM Council Chamber
In compliance with the Americans with Disabilities Act, if you need special assistance to access the City Council Chamber to participate at this meeting, please contact the City Clerk at (559) 324-2060 (TTY – 711). Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the Council Chamber.
The Clovis City Council meetings are open to the public at the physical location listed above.
Members of the public may observe and participate in City Council meetings through any of the following methods:
1. Attend In Person: Attend the meeting at the physical location listed above.
2. View the Meeting Online: View the meeting in a non-participatory capacity through the live webcast available at ClovisCA.gov/agendas or on the City's YouTube channel.
3. Participate Remotely: Members of the public may participate remotely through Webex. Click on the link below for information regarding registration, access, and participation instructions:
Click Here To Register Through Webex
In the event of a disruption that prevents the City from broadcasting the meeting or receiving remote public comment, the City will comply with applicable provisions of Gov. Code § 54953.4 and City policy governing remote participation and technological disruptions.
4. Written Comments: Members of the public may submit written comments through the online agenda portal at ClovisCA.gov/agendas. Please see the instructions below:
• Please submit written comments through the online agenda portal at ClovisCA.gov/agendas no later than 4:00 PM.
• Please submit a separate form for each agenda item.
• A copy of your written comment will be provided to the City Council and will identify the agenda item. If you wish to make a verbal comment, please see the instructions above. • Written comments that do not identify an agenda item will be included under general public comment.
• Please Note: written comments received after 4:00 PM may not be provided to the City Council during the meeting. All written comments received before the close of the meeting will be included in the official record.
August 17, 2026 - 2 - 6:00 PM
Campaign Contribution Prohibition and Mandatory Disclosure – Pursuant to Government Code Section 84308, a Councilmember shall not accept, solicit, or direct a campaign contribution of more than $500 from any party or their agent, or from any participant or their agent, while a proceeding involving a license, permit, contract, or other entitlement for use is pending before the City or for 12 months after a final decision is rendered in that proceeding. Any Councilmember who has received a campaign contribution of more than $500 within the preceding 12 months from a party or their agent, or from a participant or their agent, must disclose that fact on the record of the proceeding and shall not make, participate in making, or in any way attempt to use their official position to influence the decision.
Pursuant to Government Code Section 84308, subdivision (e), any party to a covered proceeding before the City Council is required to disclose on the record of the proceeding any campaign contribution, including aggregated contributions, of more than $500 made within the preceding 12 months by the party or their agent to any Councilmember. The disclosure shall be made as required by Government Code Section 84308, subdivision (e)(1) and California Code of Regulations, Title 2, section 18438.8. No party or their agent, and no participant or their agent, shall make a campaign contribution of more than $500 to any Councilmember during the covered proceeding or for 12 months after a final decision is made in that proceeding. The foregoing statements do not constitute legal advice, and parties and participants are urged to consult with their own legal counsel regarding the applicable requirements of the law.
Call to Order
Flag Salute - Mayor Pro Tem Pearce
Roll Call
Public Comments
This is an opportunity for the members of the public to address the City Council on any matter within the City Council’s jurisdiction that is not listed on the Agenda. In order for everyone to be heard, please limit your comments to 3 minutes or less, or 10 minutes per topic. Anyone wishing to be placed on the Agenda for a specific topic should contact the City Manager’s office and submit correspondence at least 10 days before the desired date of appearance.
Consent Calendar
Items considered routine in nature are to be placed upon the Consent Calendar. They will all be considered and voted upon in one vote as one item unless a Councilmember requests individual consideration. A Councilmember’s vote in favor of the Consent Calendar is considered and recorded as a separate affirmative vote in favor of each action listed. Motions in favor of adoption of the Consent Calendar are deemed to include a motion to waive the reading of any ordinance or resolution on the Consent Calendar. For adoption of ordinances, only those that have received a unanimous vote upon introduction are considered Consent items.
1. Administration - Approval - Minutes from the August 10, 2026, Meeting.
2. Administration – Receive and File – Economic Development Corporation Serving Fresno County Quarterly Report, Q4 April - June 2026.
3. Administration - Authorize the City Manager to execute the FY 2026-27 Agreement up to an amount of $50,000, between the City of Clovis and the Economic Development Corporation Serving Fresno County (EDC).
August 17, 2026 - 3 - 6:00 PM
4. Administration – Approval – Res. 26-___, Amending the Conflict of Interest Code list of Designated Employees.
5. Administration - Approval – Request from California Classic Cares for Temporary Closure of Streets Located Adjacent to the California 9/11 Memorial to Hold a 5K Event on September 5, 2026.
6. General Service – Approval – Res. 26-____, Authorizing the City Manager to Execute an Agreement for Older Americans Act Funding for Title III C-1 Nutrition Services Through the Fresno-Madera Area Agency on Aging (FMAAA)
7. Planning and Development Services – Approval – Bid Award for CIP 22-04 Shaw Avenue Widening Phase 2 to Avison Construction, Inc., in the amount of $7,038,633.00; and Authorize the City Manager to execute the contract on behalf of the City.
8. Planning and Development Services – Approval – Final Acceptance and Authorization to Record the Notice of Completion for CIP 26-02 ADA Curb Return Ramps for a Final Contract Cost of $210,466.83.
Public Hearings
A public hearing is an open consideration within a regular or special meeting of the City Council, for which special notice has been given and may be required. When a public hearing is continued, noticing of the adjourned item is required as per Government Code 54955.1.
9. Consider items associated with Ordinance Amendment 2026-002 and the Multiple-Family Residential Design Standards. City of Clovis, applicant.
a. Consider Approval - Res. 26-___, A Resolution adopting an exemption from further environmental review under the California Environmental Quality Act Guidelines section 15061, subdivision (b)(3) for Ordinance Amendment 2026-002 and the Multiple-Family Residential Design Standards.
b. Consider Introduction - Ord. 26-___, OA2026-002, An ordinance amending section
9.32.040 of the City’s Development Code to modify the parking requirements for multifamily dwellings.
c. Consider Approval - Res. 26-___, A Resolution approving an amendment to the Multiple- Family Residential Design Standards.
Staff: McKencie Perez, City Planner
Recommendation: Continue to a date uncertain
Administrative Items
Administrative Items are matters on the regular City Council Agenda other than Public Hearings.
10. Receive and File - Presentation by the Fresno County Economic Development Corporation – Comprehensive Economic Development Strategy (CEDS) 2025–2030 and Workforce Development Program Update.
Staff: Chad McCollum, Economic Development, Housing and Communications Director Recommendation: Receive and File
11. Consider Adoption - Ord. 26-06, R2024-002, An ordinance of the City Council approving a rezoning of 15 parcels instead of the originally requested 20 parcels from various zone districts to the R-3 (Multi-family High Density) and R-4 (Multi-family Very High Density) zone districts. (Vote: 4-1, with Mayor Pro Tem Pearce voting no) Staff: Briana Parra, City Clerk
August 17, 2026 - 4 - 6:00 PM
Recommendation: Adopt
Council Items
12. Consider Approval – Designation of Voting Delegate and Alternate for the League of California Cities’ Annual Conference and Business Meeting, September 23–25, 2026.
Staff: Andrew Haussler, City Manager
Recommendation: Approve
City Manager Comments
Council Comments
Closed Session
A “closed door” (not public) City Council meeting, allowed by State law, for consideration of pending legal matters and certain matters related to personnel and real estate transactions.
13. Government Code Section 54956.8
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: APN 563-070-61T (NWC of Houston and Burgan Avenues) Negotiating Parties: Qingmeng Li
Under Negotiation: Price and Terms
Reconvene into Open Session and Report from Closed Session Adjournment
Future Meetings
Regular City Council Meetings are held at 6:00 PM in the Council Chamber. The following are future meeting dates:
Sept. 8, 2026 (Tue.)
Sept. 14, 2026 (Mon.)
Sept. 21, 2026 (Mon.)
Preliminary - Subject to Approval
- 1 -
City Council Meeting • Minutes
August 10, 2026 6:00 PM Council Chamber
Call to Order- The meeting was called to order by Mayor Mouanoutoua at 6:00 PM.
Flag Salute - Flag Salute led by Councilmember Bessinger Roll Call
Present: Councilmember Ashbeck, Councilmember Basgall, Councilmember Bessinger, Mayor Pro Tem Pearce, and Mayor Mouanoutoua
Public Comments
Bill Scott, resident, spoke in opposition to bike-lane and transportation policies and government spending, and defended Mayor Pro Tem Pearce and her positions on several issues.
Dez Martinez raised concerns about the City’s handling of its affordable housing trust funds and the lack of progress on affordable housing projects.
Setler Brown spoke about leadership and encouraged Councilmembers to be respectful, work together, and avoid divisive rhetoric in public and on social media.
Cindy spoke in support of affordable housing and housing choice, emphasizing that low-income, elderly, and disabled residents should have the same opportunity to live in Clovis.
Michael Masuda introduced himself as a candidate for California’s 5th Congressional District and invited the community to an upcoming town hall at Dry Creek Park.
Consent Calendar
Upon call, there was no public comment.
Motion by Councilmember Ashbeck, seconded by Councilmember Bessinger, that the items on the Consent Calendar be approved. Motion carried by unanimous vote.
1. Minutes from the August 3, 2026, City Council Meeting.
2. General Services – Approval – Res. 26-83, Authorizing Amendments to the City’s Classification and Compensation Plans to Adopt the Senior Waste Recycling Maintenance Worker Classification with a Salary Range of $5,929 to $7,206 per month.
3. General Services – Approval – Res. 26-84, Renewing Medical Plan Options for Eligible Retirees and Restating the Eligibility Requirements for Participation in the Plan.
Preliminary - Subject to Approval
- 2 -
Public Hearings
4. Consider various items associated with approximately 54 acres of land located throughout the City of Clovis for the Infill Rezone Program, S C Ellis Investment Property LP, Cygnus 3 LLC, Bayrakdarian Ishkhan Trustee, John Gregory Development Co., Inc., Attia Amin Kamal, Sultan Intisab and Noreen Intisab Trustees, HRC Enterprises I LP, Central California Conference Association of the Seventh Day Adventists, Perry and Katherine Dictos Trustees, John and Debby Bettencourt, Clovis Unified School District, Robin M. Rogers Trustee, Afarin Karimkhanzand, Allegiant YB Investment LLC, Kenneth E. Crawford, David A. Ogden Trustee, and Kaleka Aaronjit Singh and Gurpreet Brar, property owners; City of Clovis, applicant. Continued from July 6, 2026.
a. Consider Approval — Res. 26-85, A resolution of the City Council adopting an Environmental Assessment pursuant to Government Code Section 65759 for General Plan Amendment 2024-003 and Rezone 2024-002.
b. Consider Approval — Res. 26-86, GPA2024-003, A resolution of the City Council approving amendments to the General Plan and associated specific/master plans to re-designate 20 parcels from various land use designations to the High Density Residential (20.1-30.0 dwelling units per acre) and Very High Density Residential (25.1-43.0 dwelling units per acre) land use designations.
c. Consider Introduction — Ord. 26-06, R2024-002, An ordinance of the City Council approving a rezoning of 20 parcels from various zone districts to the R-3 (Multi-family High Density) and R-4 (Multi-family Very High Density) zone districts.
The following members of the public addressed the Council on the above item: Kiran Jones; Pragati Desai; West Viets; Jenny Daily; Mike Lawski; Dez Martinez; Ashley; Matt Britter; Angie Isaac; Berry Mott; Joanne; David Litman; Steve Gettman; and Cindy.
Motion by Councilmember Basgall, seconded by Councilmember Ashbeck, to approve the resolution adopting an Environmental Assessment pursuant to Government Code Section 65759 for General Plan Amendment 2024-003 and Rezone 2024-002, as presented. Motion carried by unanimous vote.
Motion by Councilmember Basgall, seconded by Councilmember Ashbeck, to amend the resolution approving amendments to the General Plan and associated specific/master plans to re-designate 20 parcels from 20 to 15 under the High Density and Very High Density Residential designations by removing units 72, 115, 157, 197, and 590. Motion carried 4-1, with Mayor Pro Tem Pearce voting no.
Motion by Councilmember Basgall, seconded by Councilmember Ashbeck, to amend the ordinance approving the rezoning of 20 parcels from 20 to 15 parcels by removing parcels 72, 115, 157, 197, and 590 from the Multi-Family Very High Density zone districts. Motion carried 4-1, with Mayor Pro Tem Pearce voting no.
City Manager Comments
City Manager Haussler announced several upcoming events, including the Clovis Mobile Recreation Park Tour at Westcal II Park on Wednesday, August 12, 2026; the Clovis Police Department’s Movie Night in the Park at Bicentennial Park on August 22, 2026; and Senior Prom on Saturday, August 15, 2026. He also mentioned that local photographer Matthew Weiss sent a photo of the Clovis jet taking
Preliminary - Subject to Approval
- 3 -
to the skies.
Council Comments
Councilmember Ashbeck requested that a workshop on SB 9 be held during a future joint meeting of the City Council and Planning Commission.
Closed Session
5. Government Code Section 54957.6
CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representatives: Andrew Haussler, Paul Armendariz, Amy Hance, Bethany Berube, and Scott Cross
Employee Organization: Transit Employees Bargaining Unit
Upon call, there was no public comment.
No Reportable Action
Reconvene into Open Session and Report from Closed Session Adjournment
Mayor Mouanoutoua adjourned the meeting at 9:38 P.M. and the next regularly scheduled meeting is August 17, 2026.
Mayor City Clerk
Report to the City Council
To: City Council
From: Administration
Date: August 17, 2026
Staff: Chad McCollum, Economic Development, Housing and Communications Director
Subject: Administration – Receive and File – Economic Development Corporation Serving Fresno County Quarterly Report, Q4 April - June 2026.
Recommendation: Receive and File
Attachments:
1. EDC Report, Q4 April - June 2026 ATT 1 Report
Recommendation:
That the City Council receive and file the Quarter 4 Report, April – June 2026, from the Economic Development Corporation serving Fresno County.
Executive Summary:
The Economic Development Corporation serving Fresno County (EDC) has submitted their Quarter 4 Report of activities for the City Council to receive and file, as required per the 2025-2026 Agreement with the City.
Background:
In August 2025, the City of Clovis and the EDC entered into a contract for the 2025-2026 fiscal year to provide regional marketing and business services to Clovis businesses. In exchange, the City will pay the EDC $12,500 quarterly. In addition, the City may pay an amount up to $15,000 annually for initiatives and special project needs which may arise during the contract term. Attached is a report detailing the progress of their activities in Q4 serving Clovis businesses.
Fiscal Impact:
The City will forward the Quarter 4 installment payment to EDC. The funds were budgeted in the fiscal year budget.
Reason for Recommendation:
The attached report meets the requirements established in the 2025-2026 Agreement between the EDC and the City of Clovis.
Actions Following Approval:
Staff will file the report and send payment to the EDC.
Conflict of Interest:
None.
CITY OF CLOVIS
ANNUAL SUMMARY
Fiscal Year 2026
Growing the California Dream
ATTACHMENT 1
FRESNO COUNTY EDC | ANNUAL SUMMARY 2026
2 CITY OF CLOVIS BUSINESS RESOURCE BREAKFAST
On Tuesday, June 9th, Fresno County EDC hosted a Business Resource Breakfast at the Clovis Veterans Memorial District, drawing over 80 regional partners and local business leaders. Held in collaboration with the City of Clovis, Fresno County, and the Department of Social Services, the event focused on actionable strategies to support and scale the local business ecosystem.
Featured discussions highlighted high-impact regional and federal incentives, including a panel presentation on businesses leveraging the New Employment Opportunity (NEO) program, which offers employers up to 12 months of partially subsidized wages for new hires. Additional updates covered the federal Work Opportunity Tax Credit (WOTC) and PG&E’s Economic Development Rate. By connecting local employers with these critical fiscal tools and the EDC’s business development expertise, the event successfully advanced our ongoing mission to drive robust economic growth throughout Fresno County.
BUSINESS VISIT TO ANLIN WINDOWS & DOORS
As part of Fresno County EDC’s ongoing business retention and expansion efforts, our Business Development Manager and VP of Workforce Development joined the City of Clovis Economic Development team for an on-site meeting with Anlin, a longstanding manufacturer with deep roots in the Clovis community.
The visit reflects the strong working relationship between the County and City teams, who regularly coordinate to ensure local businesses receive a unified, well-informed point of contact rather than navigating separate agencies on their own. During the meeting, the joint team walked through Anlin’s current operations and growth plans, listening for pain points around workforce, facility needs, and capital investment. From there, the group began mapping those needs against the toolkit available to Fresno County businesses — including workforce training support through the NEO program, potential Opportunity Zone or CalCompetes tax credit eligibility, and other incentive programs suited to advanced manufacturing operations.
This kind of joint visit illustrates how city and county economic development partners can combine strengths — local relationship and permitting knowledge paired with regional incentive navigation and workforce programming — to give a business like Anlin a clear, coordinated path forward. Next steps include following up with tailored incentive eligibility information and looping in workforce development resources to support any near-term hiring or training needs.
FRESNO COUNTY EDC | ANNUAL SUMMARY 2026
3 CLIENTS SERVED
Services provided include, but are not limited to: Direct Outreach, Technical Assistance, Retention and Expansion Services, and Workforce Development.
13 Prime Steak
Achievements Unlimited Clinical
Psychology
AMA Management, Inc. Andrew Tuell
Concrete Inc
B.B Floral and Gift
Baerg & Associates, Certified Public
Accountants
Centec Security Agency Central Valley
Indian Health Central Valley Indian
Health-Behavioral City of Clovis Clovis
500 Club Bar & Grill Clovis Adult
Education
Clovis Appliance
Clovis Country Junction
Clovis Laser Center
Colorado Grill Clovis, Inc. Complete
Home Security & Services Concierge
Wealth Management Services Dark Side
Window Tinting
Dedicated Care
Dream Donuts
European Wax Center Forward Family
Services-Clovis
Grizzly Construction
Hampton Inn & Suites Clovis-Airport North
Healthy Massage Hearing Life
Hemb Law Group
High Performance Academy Hinds
Hospice- Thrift Store Clovis
IDLS Sierra Avenue, LLC dba Magnolia
Crossing, LLC
Ignite Press
Jackson Jewelers
Judy’s Place Thrift Store Kids2Dentist-
Clovis
Kuppa Joy-Clovis
Kure Home Health
Larry’s Towing
Lawvex
Lucido Properties
Lucky 13 Embroidery and Design M.
Angel
Angulo CPA, Inc Magnolia Crossing
Assisted Living Main Creek Pest Solutions
Inc. Monkey Dog Coffee
Papa’s Place
PC Solutions
PDS Plumbing & Air Reborne
Brewing Co Rocket Fizz
Rustic Lace Boutique Sassano’s
Mens Wear Senior Helpers
Sequoia Companion Care
SERVPRO of Clovis, Fresno
Northeast, Shaver Lake
Showroom Doctor Z Sierra Towing
Sigala Inc.
Signature Smiles
SMS Services Inc.
Swift Deals
Taylor Design
Taylor Home Design
Tops Military Supply
Two Ravens Brewery Valley Decors
Valley Partners
Viva Boutique
Wawona Frozen Foods Well Being
Senior Solutions Wrenches Corner
71 CLIENTS SERVED
23 NEO SUBSIDIZED PLACEMENTS
AT CLOVIS BUSINESSES
10 NEW AND RENEWED
NEO EMPLOYERS
REIMBURSED TO CLOVIS NEO BUSINESSES
2026 BY THE NUMBERS
$262,000$262,000
Economic Impact Analysis
IMPACT Employment Labor Income Value Added Output
1 - Direct 27 $513,041.12 $842,922.54 $2,106,493.17
2 - Indirect 2.63 $171,449.68 $270,088.34 $537,451.80
3 - Induced 2.19 $130,013.72 $254,411.97 $405,670.05
Totals 31.83 $814,504.53 $1,367,422.85 $3,049,615.01
Impact Analysis Figures are based on output created or retained through Expansion and Retention services, as well as subsidized placements through the NEO Program.
Report to the City Council
To: City Council
From: Administration
Date: August 17, 2026
Staff: Chad McCollum, Economic Development, Housing and Communications Director
Subject: Administration - Authorize the City Manager to execute the FY 2026-27 Agreement up to an amount of $50,000, between the City of Clovis and the Economic Development Corporation Serving Fresno County (EDC).
Recommendation: Approve
Attachments:
1. EDC 2026-27 Agreement ATT 1 Agreement
Recommendation:
That the City Council approve and authorize the City Manager to execute the fiscal year 2026-27 Agreement up to an amount of $50,000, between the City of Clovis and the Economic Development Corporation Serving Fresno County (EDC).
Executive Summary:
The attached agreement is between the City of Clovis and the Economic Development Corporation (EDC) serving Fresno County, up to an amount of $50,000. The agreement outlines activities and responsibilities that the EDC will provide for the funding. Additionally, subject to prior written approval from the City Manager, the City may pay an additional amount of no more than $15,000 for initiatives and special project needs which may arise during the term which require one-time financial support.
Such uses may include participation and travel for missions, conferences, or trade shows; procurement of specialized industry and market data to advance business attraction and expansion efforts; and/or engagement of subject-matter experts or specialized consultants (e.g., advanced manufacturing experts).
Background:
The Agreement continues the formalized relationship between the City and the EDC. The EDC will assist in promoting economic growth in the City of Clovis by providing informational resources and technical assistance to retain and expand existing Clovis businesses, assist in the development of marketing materials to attract new investment to the City, and assist in marketing the City’s industrial/commercial properties, including the Research and Technology Park.
Attraction efforts will include data analysis to determine likely industries and subsequent businesses that are ideal for Clovis to focus on, general marketing efforts, trade show attendance, outreach to brokers, and site tours completed for businesses looking to locate in Clovis. Retention efforts will include utilizing access to economic data the EDC has to ensure Clovis staff focuses on critical businesses in retention efforts and the EDC acting as a business resource expert. This structure allows for the City and the EDC to leverage their expertise and increase the ability of economic development efforts in Clovis.
Additionally, EDC will continue to work with Clovis as the region expands efforts to attract businesses associated with the semiconductor industry.
The EDC also agrees to support the City of Clovis in implementing the Five Year Comprehensive Economic Development Strategy plan.
To facilitate continued close coordination between the City and EDC, the City of Clovis Economic Development Director sits on the Fresno County CEDS Committee, and the City Manager sits on the Board of Directors and the Executive Committee of the EDC. The City’s Economic Development staff maintains a close working relationship with the EDC’s Executive Director and staff.
Fiscal Impact:
The City of Clovis will pay the EDC $50,000 in the 2026-27 fiscal year in four quarterly payments contingent on submission of a quarterly report of activities to the City Council. These funds are included in the 2026-27 City budget. Additionally, subject to prior written approval from the City Manager, the City may pay an additional amount of no more than $15,000 for initiatives and special project needs which may arise during the term which require one-time financial support.
Reason for Recommendation:
This agreement is consistent with the adopted budget, policies, goals, and objectives of the City Council. As a regional economic development organization, it is appropriate that the City collaborates with the EDC on the implementation of goals and objectives to facilitate the creation of jobs for Clovis and the region.
Approval of this agreement will allow the City to continue its coordinated approach to enhancing the City’s economy and job creation efforts with the County of Fresno and other cities within the County.
Actions Following Approval:
After approval, the City Manager will execute the agreement; and the Community and Economic Development staff will administer the agreement.
Conflict of Interest:
None.
ECONOMIC DEVELOPMENT SERVICES AGREEMENT BETWEEN THE CITY OF CLOVIS AND THE
ECONOMIC DEVELOPMENT CORPORATION SERVING FRESNO COUNTY
FOR FISCAL YEAR 2026-2027
This Economic Development Services Agreement (“Agreement”) is entered into by and between the City of Clovis, a California municipal corporation, and the Economic Development Corporation Serving Fresno County, a California nonprofit benefit corporation, for a one-year term of the 2026-2027 fiscal year (July 1, 2026-June 30, 2027).
WHEREAS, the City Council of the City of Clovis (City) is committed to a balanced and diversified economy as one of its most important priorities to ensure the future well-being of the citizens of Clovis; and
WHEREAS, the City has invested considerable resources to encourage a location for new and expanding businesses and industries and to ensure the economic vitality of commercial areas; and
WHEREAS, the Economic Development Corporation Serving Fresno County (EDC) continues to maintain regional, national, and international marketing and promotional efforts to attract the location and expansion of businesses and industries in all of the communities within Fresno County; and
WHEREAS, the State of California (State) has designated the EDC as its regional contact and referral point for businesses and industries that contact the State while seeking a location for new or expanded facilities; and
WHEREAS, the City desires to secure such services, and allocates funds to the EDC for purposes of aligning additional EDC resources and staff support to assist in implementing and administering certain local economic development activities such as advocacy, marketing and promotion, and technical support for the City by the EDC toward business attraction goals to create ongoing opportunities for the City; and
WHEREAS, the City seeks to enhance its support of the EDC in order to utilize the unique position the EDC maintains within the business community, and to promote economic growth in the City.
NOW, THEREFORE, the City and the EDC agree as follows:
1. The EDC agrees to assist the City in promoting the economic growth in the City by providing the following services:
(a) Provide informational resources and technical assistance to retain and expand existing Clovis businesses.
(b) For the purpose of recruiting new businesses and industries to the City, provide information to industrial, office and/or retail representatives. (c) Assist in the development of marketing materials to attract new investment to the City.
(d) Assist in marketing the City’s industrial/commercial properties, including the Research and Technology Park.
Attachment 1
(e) Market the City to commercial and industrial brokers, developers, site selectors, and businesses.
(f) Distribute City economic development materials.
(g) Assist the City in the implementation of the City’s Economic Development Strategy and the Business Retention, Expansion and Attraction Program. (h) Assist the City in preparing for, and conducting, proactive targeted outreach to companies identified as a priority using prospecting tools, if available. (i) The Economic Development team will work towards fostering a closer working relationship with local business associations to enhance the accessibility of EDC’s services to City employers. Level of partnership is dependent on willingness and capacity of local business associations to participate. (j) Assist City points-of-contact in fully utilizing social media and online marketing tools to advance economic and community development efforts in the City. (k) In addition to periodic reports to the Economic Development Director and City Manager, submit quarterly status reports to the City Council, detailing the progress of the EDC and related activities.
(l) The EDC shall assist in identifying economic development projects and priorities on the City’s behalf for inclusion in the County of Fresno’s Comprehensive Economic Development Strategy (CEDS) for potential grant funding. (m) The EDC agrees to provide a designated Economic Development Specialist as an EDC staff member to respond to City business attraction and expansion leads and to ensure City participation.
2. For performance of the services described in Section 1, paragraphs (a) through (m) and for measurable outcomes identified in Exhibit A attached here to and incorporated herein by this reference, the City agrees to pay the EDC the total sum of $50,000.00 to be paid in four (4) equal quarterly installments of $12,500.00 at the end of each quarter during the 2026-2027 Fiscal Year term. Additionally, the EDC and city acknowledge that strategic initiatives and special projects needs may arise during the 202 6-2027 Fiscal Year term, requiring additional one-time financial support. Such initiatives may include, but are not limited to, participation and travel for missions, conferences, or trade shows; procurement of specialized industry and market data to advance business attraction and expansion efforts; and/or engagement of subject matter experts or specialized consultants (e.g., advanced manufacturing experts). Subject to prior written approval from the City Manager, the City may pay an additional amount to EDC during the 202 6- 2027 Fiscal Year term not exceeding $15,000, provided such funding specifically advances the strategic economic development objectives agreed upon by both parties.
3. It is understood and agreed that in the performance of this agreement the EDC is an independent contractor. The EDC shall take out and maintain Workers Compensation,
State Disability, and other insurance coverage as required by law and shall in all other respects comply with applicable provisions of federal, state, and local laws, rules and regulations.
4. The EDC shall indemnify, hold harmless, and defend the City, its officers, agents, and employees, from all claims for money, damages, or other relief arising in any form from the performance of this agreement by the EDC, its officers, agents, or employees. The EDC shall take out and maintain for the full term of this agreement liability insurance providing protection for personal injury, wrongful death, and property damage; such insurance to be in amounts and issued by carriers acceptable to the City. The EDC shall provide the City with a Certificate of Insurance evidencing such coverage.
5. The funds provided EDC by the City pursuant to this agreement shall not be directly or indirectly used for any political purpose whatsoever. This prohibition includes, but is not limited to, campaigns, events, promotions, literature, lobbying or other activities for, against or on behalf of any state, local or federal legislation, issue, candidate(s) or action, whether partisan in nature or not.
6. As part of the annual financial audit of the books and records of the EDC by the EDC’s independent auditor, the audit shall include tests for compliance with this Agreement.
These tests shall be performed in conformance with generally accepted auditing standards. The auditor shall prepare a separate written report on the compliance with the provisions of this agreement. The City reserves the right to review, during normal business hours, the books and records of the EDC’s expenditures which are related to the programs required by the provisions of this Agreement.
DATED: _________________________ DATED: _________________________
CITY OF CLOVIS ECONOMIC DEVELOPMENT CORPORATION
SERVING FRESNO COUNTY
BY: _________________________ BY: _________________________ Andrew Haussler, City Manager William Oliver, President/CEO ATTEST:
_________________________
Briana Parra, City Clerk
APPROVED AS TO FORM:
_________________________
Scott G. Cross, City Attorney
FY 26-27 Overview of Work
Product Deliverables FY 2026 – 2027 Target Outcomes
Economic Development Corporation
Serving Fresno County
Contract: $50,000
Staff:
Will Oliver,
President/Chief Executive Officer
Shawna Bryant,
Business Development Manager
Charles Rigby,
Business Development Specialist
Business Expansion/Retention:
Coordinate with City of Clovis staff to conduct analysis and outreach to Top 50 companies in Clovis that should be focused on retention and expansion. • Targeted businesses will be contacted by a variety of methods to educate Clovis businesses on available retention resources, such as utility rate reductions, hiring incentives, customized training and capital resources.
New Business Recruitment:
At the request of staff, utilize location intelligence and other data platforms to generate a targeted list of companies for outreach and attraction to City of Clovis. Assist the City in marketing future and existing industrial sites, including the Research & Technology Park. Assist the City of Clovis in promoting future industrial areas and existing industrial sites for new clients. • Coordinate and lead in-person and virtual site tours for prospective companies.
• Create and update marketing materials and distribute City collateral. • Support broker events (e.g., commercial/industrial mixers) to drive interest and leads.
• Provide monthly updates on prospective business leads and recruitment efforts at EDC-City coordination meetings.
• Include one Clovis “Priority Site” to be featured on EDC’s online industrial/commercial property listing inventory.
Special Projects & Initiatives
Support additional one-time special projects or services, including but not limited to: preparing economic impact reports; participating in or traveling to business missions, conferences, and trade shows; procuring or cost-sharing specialized industry and market data to support business attraction and expansion efforts; and engaging subject matter experts or consultants as needed.
Top 50 targeted business analysis
and outreach for expansion and
retention
Respond to all City of Clovis business
inquiries and connect them to
appropriate resources
40 new prospective leads
2 Special Events (Broker Mixer
and/or Business Resource
Workshop)
Economic Profile Update tailored to
the City of Clovis
(Optional) Economic Impact report
for Clovis Economic Development
Department or a business client.
Semicon West Participation: Support Clovis’s participation with a regional coalition at the 2026 Semicon West, an international trade show focused on the semiconductor supply chain. EDC staff will assist with exhibit coordination, outreach to semiconductor-related companies, and promotion of Clovis industrial assets.
General Plan Update Technical Support: Provide services including, but not limited to, sharing requested data, reports, analysis to be utilized in the development of the Economic Development Element in the City of Clovis General Plan Update. Such support may include utilization of licensed software no available to the City of Clovis directly, but through the partnership the City has with Fresno County EDC.
Report to the City Council
To: City Council
From: Administration
Date: August 17, 2026
Staff: Briana Parra, City Clerk
Subject: Administration – Approval – Res. 26-___, Amending the Conflict of Interest Code list of Designated Employees.
Recommendation: Approve
Attachments:
1. Amended Conflict of Interest Code ATT 1 Res. 26-___
2. Amended Conflict of Interest Code ATT 2 Desginated Employees List - Redline
Recommendation:
That the City Council approve a resolution amending the Conflict of Interest Code for Designated Employees who are required to file Statements of Economic Interests and their disclosure categories.
Executive Summary:
The Political Reform Act requires that the City review its local conflict of interest code to determine if amendments are necessary every two years. It also states that those designated officials and employees are required to complete biennial ethics training, pursuant to AB 1234. Staff is proposing amendments to the list of designated employees and changes to simplify the disclosure categories.
Background:
The City is required to adopt a local conflict of interest code to address employees that might be subject to outside influences but are not State designated filers. State designated filers include, in addition to the Council and Planning Commissioners, the City Manager, City Attorney, and City Treasurer.
The City is permitted to adopt the Fair Political Practices Commission Model Code as its local conflict of interest code, in which case the City only needs to designate employees subject to the code and reportable interest for those employees (2 Cal. Code Regs. § 18730). Reportable interests generally fall into the following categories: real property, investments, business positions, sources of income, gifts, loans, and travel payments. Designated officials and employees must file annual statements of economic interest, as well as assuming office and leaving office statements, within 30 days of assuming or leaving office. (2 Cal. Code Regs. § 18730(b)(5).)
In 1994, the City Council adopted Resolution 94-130 that incorporated by reference the State Guidelines as its local conflict of interest code, along with the designation of employees and the formulation of disclosure categories. In conducting the biennial review, staff determined that it is appropriate to update the list of employees who make governmental decisions based on the positions they hold. Additionally, staff determined that the disclosure categories could be simplified by reducing the number of categories from seven to two. Despite having seven categories for disclosure, staff determined that most categories were not used.
The disclosure categories have been revised to provide for two categories: one for full disclosure, and one for department-level decision-making with a lower level of disclosure. The disclosure requirements have also been revised to clarify the existing requirement that real property is subject to disclosure on Form 700 if it is located outside the City boundaries, but within a two-mile radius of the City or any property owned or used by the City. The requirements for disclosure and the regulations concerning conflicts of interest do not always align, and such properties will not necessarily result in a conflict of interest.
The basic rule for conflicts of interest under the Political Reform Act is that a public official at any level of state or local government has a prohibited conflict of interest and may not make, participate in making, or in any way use or attempt to use the official's position to influence a governmental decision when the official knows or has reason to know the official has a disqualifying financial interest. A public official has a disqualifying financial interest if the decision will have a reasonably foreseeable material financial effect, distinguishable from the effect on the public generally, directly on the official, or the official's immediate family, or on any financial interest. (2 Cal. Code Regs. § 18700.) With regard to real property, there is a reasonably foreseeable financial effect that is material (conflict of interest) when a decision involves real property located 1,000 feet from the public official’s real property, provided certain factors are met. (2 Cal. Code Regs. § 18702.2.) This is often referred to as the “1,000 foot rule.” “Public Official” includes every member, officer, employee, or consultant of a state or local government agency, unless an exception applies. (Government Code Section 82048(a).)
In accordance with Government Code Section 87306, a report must be submitted to the City Council identifying any changes in the code, including but not limited to, all new positions and changes in the list of reportable interests. The City Clerk and the City Attorney have performed a review of the Conflict of Interest Code in conformance with the Political Reform Act requirements. Each department director provided input regarding the level of decision-making authority employees have in their respective departments. With that input, along with various title changes that have occurred since the last update, it has been determined that the Code requires amendments. The updated list of disclosure categories is included in Attachment A of the Resolution. The updated list of designated employees, which adds and changes the title of several positions, is included in Attachment B to the Resolution. For reference, Attachment 2 provides a redline of the Designated Employees List identifying positions that have been added, removed, or revised since the City’s last biennial review.
The resolution also specifies that all employees designated as filers under the City’s Conflict of Interest Code are “designated employees” for the purpose of AB 1234 and, as such, are required to participate in mandatory ethics training.
Fiscal Impact:
None.
Reason for Recommendation:
The Political Reform Act requires every local government agency to review its conflict of interest code biennially (even numbered years) to determine if it is accurate or must be amended. Staff has reviewed the existing code and is recommending the amendments to the list of designated employees.
Actions Following Approval:
The City Clerk's Office will contact the affected employees and ensure that the City is in compliance.
Conflict of Interest:
None.
ATTACHMENT 1
RESOLUTION 26-___
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS
AMENDING THE CONFLICT OF INTEREST CODE LIST OF
DESIGNATED EMPLOYEES AND DISCLOSURE CATEGORIES
WHEREAS, the Political Reform Act, Government Code Section 81000, et seq., requires the City to adopt a Conflict of Interest Code; and
WHEREAS, the Fair Political Practices Commission (FPPC) has adopted a Model Conflict of Interest Code, by regulation (2 California Code of Regulations Section 18730) (“Model Code”), that contains the terms of a standard conflict of interest code that can be incorporated by reference by the City; and
WHEREAS, the FPPC amends the Model Code on a regular basis to conform to amendments in the Political Reform Act and its implementing regulations; and
WHEREAS, in 1994, the Clovis City Council adopted Resolution 94- 130 that adopted and incorporated by reference the terms of the Model Code and adopted designation of employees and the formulation of disclosure categories; and
WHEREAS, Government Code section 87306 requires biennial review of the Conflict of Interest Code to ensure it remains current and accurate, and that a report be submitted to the City Council identifying any changes in the code including, but not limited to, all new positions and changes in the list of reportable interests; and
WHEREAS, the City Council desires to amend and simplify the disclosure categories and update the list of designated employees; and
WHEREAS, all officials and designated positions required to submit a statement of economic interests shall receive ethics training as required pursuant to Government Code section 53235 (AB 1234). The City Clerk, as the City’s Filling Officer, shall biannually provide all filers with information on training available to meet the requirements of Government Code section 53235, and maintain required records indicating the dates the filers satisfied the training requirements and the entity that provided the training.
These records shall be retained for five years after the date of training and are public records subj ect to disclosure under the California Public Records Act. (Gov. Code 53235.2).
NOW, THEREFORE, BE IT RESOLVED , that the City of Clovis proceeds as follows:
1. The terms of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation and Attachments A and B, designating positions and establishing disclosure categories shall constitute the Conflict of Interest Code of the City.
2. The Disclosure Categories in Attachment A are hereby approved.
3. Persons holding designated positions listed in Attachment B shall file Statements of Economic Interest pursuant to the Model Code with the information required for the Disclosure Category assigned to them and specified in Attachment A , annually, and within 30 days of assuming or leaving office, as required by law.
4. The City Clerk will make the Statements available for public inspection and reproduction. (Gov. Code 81008.) All statements shall be retained by the City.
* * * * *
The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on August 17, 2026, by the following vote, to wit.
AYES:
NOES:
ABSENT:
ABSTAIN:
DATED: August 17, 2026
______________________________ ______________________________ Mayor City Clerk
Attachment A
Disclosure Categories
1. Category 1: Broad Responsibilities - Full Disclosure . Designated officials and employees must disclose all reportable interests, including investments, business positions, sources of income, loans, gifts, including travel payments, and real property as required by the FPPC Guidelines, including real property located within a two-mile radius of the City or any property owned or used by the City.
2. Category 2: Department/Division Decision- Making Responsibilities . Designated officials and employees must disclose all reportable investments and business positions in business entities, and reportable sources of income (including loans, gifts, and travel payments) from any source that is located in, doing business in, or planning to do business in the City, a nd is either (a) subject to the regulatory, permitting, or licensing authority of the official’s or employee’s department or division, or (b) provides services, supplies, materials, machinery, or equipment of the type utilized by the official’s or employee’s department or division.
Notwithstanding the foregoing, gifts are reportable regardless of the location of the donor.
*Consultants and new positions shall file under the broadest disclosure category (Category 1). If the new position or consultant performs limited duties, the City may tailor the disclosure requirements upon approval by the City Manager of a written description of the position’s duties and, based upon that description, a statement that the disclosure requirements of Category 2 apply.
Amendments to the City of Clovis Conflict of Interest Code Department Position Department Position
Administration Administration
Business Development Manager Business Development Manager 2 City Clerk City Clerk 2
Communications and Marketing
Analyst
Communications and Marketing
Analyst 2
Economic Development, Housing
and Communications Director
Economic Development, Housing
and Communications Director 1
Executive Assistant Executive Assistant 2
Housing Program Manager Housing Program Manager 2
Staff Analyst Staff Analyst 2
Consultants Consultant 1
City Clerk/Information Div.
City Clerk/Information
Div.
Deputy Director of Information
Technology
Deputy Director of Information
Technology 1
Information Technology Manager Information Technology Manager 2 Information Technology Supervisor Information Technology Supervisor 2 Finance Finance
Accounting Supervisor Accounting Supervisor 2
Revenue Supervisor Revenue Supervisor 2
Fire Fire
Battalion Chief Battalion Chief 2
Deputy Fire Chief Deputy Fire Chief 1
Deputy Fire Marshal Deputy Fire Marshal 2
Fire Chief Fire Chief 1
Life Safety Manager Life Safety Manager 2
Management Analyst Management Analyst 2
Senior Management Analyst Senior Management Analyst 2
General Services General Services
Deputy General Services Director Deputy General Serivces Director 1 Facilities Maintenance and
Purchasing Manager
Facilities Maintenance and
Purchasing Manager 2
Facilities Maintenance Supervisor Facilities Maintenance Supervisor 2 General Services Director General Services Director 1
Management Analyst Management Analyst 2
Recreation Supervisor Recreation Supervisor 2
Senior Center Supervisor Senior Center Supervisor 2
Senior Personnel Technician Senior Personnel Technician 2 Tranist Complainance and Grants
Management Officer
Tranist Complainance and Grants
Management Officer 2
Transit Supervisor Transit Supervisor 2
Transit Manager Transit Manager 2
EXISTING PROPOSED Disclosure
CategoryAdd Delete
Attachment B
Amendments to the City of Clovis Conflict of Interest Code Department Position Department Position
EXISTING PROPOSED Disclosure
CategoryAdd Delete
Planning & Development
Services
Planning & Development
Services
Administrative Manager Administrative Manager 2
Building Official Building Official 1
Business Workflow Analyst Business Workflow Analyst 2
City Engineer City Engineer 1
City Planner City Planner 1
Construction Manager Construction Manager 2
Deputy Building Official / Plan
Checker
Deputy Building Official / Plan
Checker 1
Deputy City Engineer Deputy City Engineer 2
Deputy City Planner Deputy City Planner 1
Deputy Director of Planning and
Development Services
Deputy Director of Planning and
Development Services 1
Director of Planning and
Development Services
Director of Planning and
Development Services 1
Engineering Program Manager Engineering Program Manager 2 Management Analyst Management Analyst 2
Planning & Development
Administrative Manager
Planning & Development
Administrative Manager 2
Projects Administrator Projects Administrator 2
Senior Planner Senior Planner 2
Supervising Civil Engineer Supervising Civil Engineer 2 Police Police
Animal Services Manager Animal Services Manager 2
Communications Supervisor Communications Supervisor 2
Crime Analysis Supervisor Crime Analysis Supervisor 2
Deputy Director of Support Services
Deputy Director of Support
Services 2
Deputy Police Chief Deputy Police Chief 1
Management Analyst Management Analyst 2
Police Captain Police Captain 1
Police Chief Police Chief 1
Police Lieutenant Police Lieutenant 2
Property & Evidence Supervisor Property & Evidence Supervisor 2 Records Supervisor Records Supervisor 2
Supervisor of Animal Services Supervisor of Animal Services 2 Public Utilities Public Utilities
Assistant Public Utilities Director Assistant Public Utilities Director 1 Deputy Public Utilities Director Deputy Public Utilities Director 1 Fleet Manager Fleet Manager 2
Parks Manager Parks Manager 2
Principal Utilities Engineer Principal Utilities Engineer 2 Public Utilities Director Public Utilities Director 1
Senior Management Analyst Senior Management Analyst 2
Solid Waste Manager Solid Waste Manager 2
Street Maintenance Manager Street Maintenance Manager 2 Supervising Civil Engineer Supervising Civil Engineer 2 Utilities Manager Utilities Manager 2
Water Production Manager Water Production Manager 2
Amendments to the City of Clovis Conflict of Interest Code Department Position Department Position
Administration Administration
Assistant City Manager Now 87200 Filer Assistant City Manager 1 Business Development Manager Business Development Manager 2 City Clerk City Clerk 2
Communications and Marketing
Analyst
Communications and Marketing
Analyst 2
Economic Development, Housing
and Communications Director
Economic Development, Housing
and Communications Director 1
Executive Assistant Executive Assistant 2
Housing Program Manager Housing Program Manager 2
Staff Analyst Staff Analyst 2
Consultants Consultant 1
City Clerk/Information Div.
City Clerk/Information
Div.
Deputy Director of Information
Technology
Deputy Director of Information
Technology 1
Information Technology Manager Add Position
Information Technology
Manager 2
Information Technology Supervisor Information Technology Supervisor 2 Finance Finance
Assistant Finance Director Remove Position Assistant Finance Director 1 Accounting Supervisor Add Position Accounting Supervisor 2 Deputy Finance Director Now 87200 Filer Deputy Finance Director 1 Finance Manager Remove Position Finance Manager 2
Revenue Supervisor Add Position Revenue Supervisor 2
Fire Fire
Battalion Chief Battalion Chief 2
Deputy Fire Chief Deputy Fire Chief 1
Deputy Fire Marshal Add Position Deputy Fire Marshal 2
Fire Chief Fire Chief 1
Life Safety Manager Life Safety Manager 2
Management Analyst Add Position Management Analyst 2
Senior Management Analyst Senior Management Analyst 2
General Services General Services
Deputy General Services Director Deputy General Serivces Director 1 Facilities Maintenance and
Purchasing Manager
Facilities Maintenance and
Purchasing Manager 2
Facilities Maintenance Supervisor Facilities Maintenance Supervisor 2 General Services Director General Services Director 1
Management Analyst Management Analyst 2
Recreation Supervisor Recreation Supervisor 2
Senior Center Supervisor Add Position Senior Center Supervisor 2 Senior Personnel Technician Senior Personnel Technician 2 Tranist Complainance and Grants
Management Officer Add Position
Tranist Complainance and
Grants Management Officer 2
Transit Supervisor Transit Supervisor 2
Transit Manager Transit Manager 2
EXISTING PROPOSED Disclosure
CategoryAdd Delete
Attachment 2
Amendments to the City of Clovis Conflict of Interest Code Department Position Department Position
EXISTING PROPOSED Disclosure
CategoryAdd Delete
Planning & Development
Services
Planning & Development
Services
Administrative Manager Add Position Administrative Manager 2 Building Official Building Official 1
Business Workflow Analyst Business Workflow Analyst 2
City Engineer City Engineer 1
City Planner City Planner 1
Construction Manager Construction Manager 2
Deputy Building Official / Plan
Checker
Deputy Building Official / Plan
Checker 1
Deputy City Engineer Add Position Deputy City Engineer 2 Deputy City Planner Deputy City Planner 1
Deputy Director of Planning and
Development Services Add Position
Deputy Director of Planning and
Development Services 1
Director of Planning and
Development Services
Director of Planning and
Development Services 1
Engineering Program Manager Engineering Program Manager 2 Management Analyst Management Analyst 2
Planning & Development
Administrative Manager
Planning & Development
Administrative Manager 2
Plans Examiner Remove Position Plans Examiner 2
Projects Administrator Add Position Projects Administrator 2 Senior Planner Senior Planner 2
Supervising Civil Engineer Supervising Civil Engineer 2 Police Police
Animal Services Manager Add Position Animal Services Manager 2 Communications Supervisor Communications Supervisor 2
Crime Analysis Supervisor Crime Analysis Supervisor 2
Deputy Director of Support
Services Add Position
Deputy Director of Support
Services 2
Deputy Police Chief Deputy Police Chief 1
Management Analyst Management Analyst 2
Police Captain Police Captain 1
Police Chief Police Chief 1
Police Lieutenant Police Lieutenant 2
Police Services Manager Remove Position Police Services Manager 2 Property & Evidence Supervisor Property & Evidence Supervisor 2 Records Supervisor Records Supervisor 2
Supervisor of Animal Services Supervisor of Animal Services 2 Public Utilities Public Utilities
Assistant Public Utilities Director Assistant Public Utilities Director 1 Deputy Public Utilities Director Deputy Public Utilities Director 1 Fleet Manager Fleet Manager 2
Parks Manager Parks Manager 2
Principal Utilities Engineer Principal Utilities Engineer 2 Public Utilities Director Public Utilities Director 1
Senior Management Analyst Senior Management Analyst 2
Solid Waste Manager Solid Waste Manager 2
Street Maintenance Manager Street Maintenance Manager 2 Supervising Civil Engineer Supervising Civil Engineer 2 Utilities Manager Utilities Manager 2
Amendments to the City of Clovis Conflict of Interest Code Department Position Department Position
EXISTING PROPOSED Disclosure
CategoryAdd Delete
Water Production Manager Water Production Manager 2
Report to the City Council
To: City Council
From: Administration
Date: August 17, 2026
Staff: Shawn Miller, Business Development Manager
Subject: Administration - Approval – Request from California Classic Cares for Temporary Closure of Streets Located Adjacent to the California 9/11 Memorial to Hold a 5K Event on September 5, 2026.
Recommendation: Approve
Attachments:
1. Road Closure 911 Memorial 5K Event ATT 1 - Request from California Classic Cares
Recommendation:
That the City Council approve the request from California Classic Cares for temporary closure of streets located adjacent to the California 9/11 Memorial to hold a 5K event on September 5, 2026.
Executive Summary:
Staff requests street closure on September 5, 2026, for a small street closure organized by California Classis Cares.
Background:
August 2, 2026, staff received a request from representatives from California Classic Cares to obtain temporary closure of portions of Dakota Avenue, Lind Avenue, Pontiac Way, Peach Avenue, and Never Forget Lane to hold a 5K event on September 6, 2025.
The boundaries and time of street closure have been reviewed by staff members from each department and there are no concerns.
Staff worked with California Classic Cares to contact potentially impacted business and property owners soliciting comments/concerns regarding this request. No comments or concerns have been received.
Fiscal Impact:
The City of Clovis is positively impacted by community events. Local businesses benefit from large numbers of people visiting their neighborhood and the City of Clovis benefits from the increased tax
revenue.
The promoters of this event will bear the cost of additional City services and any other additional services.
Reason for Recommendation:
In previous years, more than 300,000 people have attended the various events held in Clovis annually, many of whom have returned to Clovis to patronize local businesses. This event will benefit the City’s economic development efforts.
Actions Following Approval:
1. Staff will notify California Classic Cares of Council’s decision; and
2. Staff will work with California Classic Cares to ensure that traffic control plan is executed and managed.
Conflict of Interest:
None.
911 Run to Remember
City of Clovis
Special Events Permit
Event Date September 5, 2026
1. City of Clovis Special Event Worksheet
a. Venue:
i. California 9/11 Memorial
ii. 3485 Never Forget Lane, Clovis, Ca 93612
2. Event Acknowledgements from Principal Stakeholders:
a. 9/11 Memorial Executive Director
i. Terra Brusseau 559-281-9088
b. Clovis Police
i. Sergeant Jesus Santillan 559-593-5327
c. Fresno Police
i. Sergeant Mark Van Wyhe 559-908-1175
d. City of Fresno Special Events Manager
i. David Rodriquez 559-978-5020
e. Airways Golf Course General Manager
i. Tim Huber General Manager 559-291-6254
f. GAP Distribution Senior Director
i. Darlene Borges 559-348-0692
g. Fresno City Animal Center Executive Director
i. Alma Torres 559-621-7387
3. Road Closures on Saturday September 5, 2026:
a. Airways Blvd Course Revision to satisfy Fresno Airport Authority - All airport entrances/exits unrestricted
b. Traffic Control Plan
i. North-bound Airways Blvd from Peach & Dakota to Gap Dr to be closed and monitored by Fresno PD.
ii. South-bound Airways Blvd to stay open.
4. Venue Layout
5. Insurance:
a. Certificate of Liability Insurance
i. Special Additional Insured Endorsements
6. Businesses Notification List and Notification Letter ATTACHMENT 1
Report to the City Council
To: City Council
From: General Services Department
Date: August 17, 2026
Staff: Amy Hance, General Services Director
Subject: General Service – Approval – Res. 26-____, Authorizing the City Manager to Execute an Agreement for Older Americans Act Funding for Title III C-1 Nutrition Services Through the Fresno-Madera Area Agency on Aging (FMAAA)
Recommendation: Approve
Attachments:
1. FMAAA FY2627 Grant Contract ATT 1 Res 26- Grant Authorization
2. FMAAA FY2627 Grant Contract ATT 2 Grant Contract
Recommendation:
For the City Council to approve a resolution authorizing the City Manager to execute an agreement for Older Americans Act Funding for Title III C-1 Nutrition Services through the Fresno-Madera Area Agency on Aging (FMAAA)
Executive Summary:
The City of Clovis has annually received funding for nutrition programs through the FMAAA. The nutrition program funding is used to provide in-center meals for seniors in need. The total grant allocation for FY 2026-2027 is $51,000.00, which will be used for food purchase and administration of the program.
Background:
The City of Clovis has received grant funds from the FMAAA for senior service programs since 1981.
The funding is made available on an annual basis and the City must reapply each year for the grant.
The FMAAA released its request for proposal for FY 2026-2027 senior services program funding for the nutrition program.
The City of Clovis’ allocation from FMAAA for FY2026-2027 is $51,000.00 for the nutrition program.
The expected funding will be used for senior nutrition site management which includes participant assessments, coordinated meal orders, and on-site management of the lunch program at the new Clovis Senior Activity Center at Landmark Square. Prior to the pandemic, an average of 50 meals were served at the center daily. After moving into the new center on Third Street, an average of 88
meals are being served each day. The hot meals are prepared and delivered to the senior center by Trio. The senior center has managed the senior nutrition program since 1994 and meets all the monitoring criteria for this program.
Fiscal Impact:
The FMAAA grant funding for FY 2026-2027 is as follows:
Title III C-1 Congregant Nutrition July 2026 – June 2027 $51,000.00 Total FMAAA Funding FY 2026-2027 $51,000.00
Reason for Recommendation:
The FMAAA funds are essential in re-establishing the nutrition programs at the Clovis Senior Activity Center. The grant funding is used to provide staff, supplies, and administration of the program.
Actions Following Approval:
Upon approval of the grant proposal by the FMAAA, the City Manager will sign grant contract #27- 0051 for the funding.
Conflict of Interest:
None.
Attachment 1
RESOLUTION 26-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS APPROVING AN
AGREEMENT FOR OLDER AMERICAN ACT FUNDING
WHEREAS, the City of Clovis is the direct sponsor of the Clovis Senior Services Program with partial funding from an Older Americans Act Grant from the Fresno Madera Area Agency on Aging; and
WHEREAS, the Clovis Community Services Division provides multi-purpose supportive services at the Clovis Senior Activity Center, which includes information and assistance, nutrition, consumer services, community services, education, and recreation services for the older adult population in Clovis; and
WHEREAS, the City of Clovis intends to apply for Older Americans Act funding for Title III C-1 (Nutrition services) to be administered through the Senior Services Program of the Clovis Community Services Division located at the Clovis Senior Activity Center.
NOW, THEREFORE, BE IT RESOLVED, that the City of Clovis proceeds as follows:
1. Intends to continue to be a direct sponsor of the Clovis Senior Services Program.
2. Authorizes the City Manager to execute the agreement for Older Americans Act funding, grant #27-0051 for FY 2026-2027 including any subsequent amendments and all necessary supporting documents.
* * * * *
The foregoing Resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on August 17, 2026, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN
DATED: August 17, 2026
______________________________ ______________________________ Mayor City Clerk
Fresno-Madera Area Agency on Aging
Phone: (559) 214-0299 Toll-Free: (800) 510-2020 Email: [email protected] Web: www.fmaaa.org Address: 2520 W Shaw Lane, Suite 101A, Fresno, CA 93711 June 29, 2026
Ashlee Winslow, Senior Services Supervisor
City of Clovis
1033 5th Street
Clovis, CA 93612
Ms. Winslow,
The Fresno-Madera Area Agency on Aging’s Governing Board has approved an award of Older American’s Act funds to the City of Clovis as follows:
Contract no: 27-0051, Title III C1 Congregate Nutrition Site Management:
Clovis Senior Center $51,000 Maximum expenditure
Please note, grant awards are contingent on sufficient funds made available from the State of California to the Agency on Aging and/or by the United States Government or the Budget Acts of the appropriate fiscal years for the purpose of these programs.
We will send the contract documents for completion and signature via DocuSign. Page i, Documents Required to Execute Contract, serves as a guide. All components will be provided electronically, and no physical copies are required. Exhibit B – Budget (Excel template) and Exhibit E – Program Narrative (Fillable PDF), included with this letter, are to be completed electronically and uploaded to DocuSign.
DocuSign recipients were selected based on the 2026 Contract Contacts Update. Please contact [email protected] if signature permissions need to be changed.
Pending finalization of the Fiscal Year 2025–2026 Agreement, this letter serves as your authority to provide the Title III C1 Congregate Nutrition Site Management under Contract No. 27-0051 effective July 1, 2026. This authorization remains in effect through August 31, 2026, or until the Agreement is fully executed, whichever occurs first.
The completed Agreement must be finalized and returned to FMAAA by Thursday, August 13, 2026, forty-five (45) days from the date of this letter (Terms and Conditions Declaration, Article II.
Agreement). If additional time is required (e.g., for governing board or city council approval), written notice must be provided to FMAAA prior to the expiration of the forty-five (45) day period.
Please contact me at 559-319-0863 with any questions.
Sincerely,
Hillaree Bennett
Program Director
[email protected]
Docusign Envelope ID: 127D5F88-4CEA-8219-83C6-650635A0F337 Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0 ATTACHMENT 2
Documents Required to Execute Contract
Health Insurance Counseling and Advocacy Program
i FY 2026-2027
Documents Required To Execute Contract
FMAAA requires all contract documents to be completed and submitted electronically through DocuSign within forty -five (45) days of the contract’s Initial Letter date (Article II. Agreement). Providers must ensure all assigned sections and required signatures are properly completed as designated. Signature permissions are assigned based on the 2026 Contract Contacts Update. For questions, assistance, technical issues, or updates to signature permissions, please contact Miles Robinson at [email protected] .
The following contract documents require signatures and/or typed entries via DocuSign. ☐ Page 2, Area Plan Grant Award Contract Signature Page • Must include signature of individual named in Exhibit E as having primary, hands-on involvement & oversight of day-to-day operations; and signature of individual authorized by governing board to execute the contract (see Appendix A). ☐ Appendix A, Resolution of Authorization to Contract
• Must contain the signature of the Chair of the service provider’s governing board. Appendix A is required and may be uploaded separately in DocuSign along with any additional board resolution documentation required by the provider’s governing board.
☐ Appendix B, Contractor Certification Clauses
• Must contain signature of individual authorized by governing board to execute the contract (see Appendix A). ☐ Appendix C, Information Integrity and Security Statement • Must contain the signature of the individual authorized by the governing board to execute the contract (see Appendix A).
Also check appropriate box under “Certify” at bottom of page 2 to indicate 128 -bit Encryption compliance status. ☐ Appendix D, Method of Providing Audit Compliance
☐ Exhibit F, Service Provider Emergency Resource Information The following documents must be completed outside of DocuSign and then uploaded to DocuSign for submission. ☐ Appendix K, Request for Taxpayer Identification Number and Certification (W-9) • Part II, Certification, must contain signature of individual authorized by governing board to execute the contract (see Appendix A). Only page 1, signature page required (do not submit pages 2 -6). ☐ Exhibit B, Budget
• Email Excel version to [email protected] and [email protected]; and attach to the Documents Upload Page at the end of the contact file.
☐ Exhibit E, Program Narrative
• Complete editable pdf version sent via email and attach to the Documents Upload Page at the end of the contact file.
Please attach the following to the Docusign Documents Upload Page at the end of the contract file. ☐ List of all proposed subcontractors for this Agreement (if any), • Following review of Agency on Aging contract, copy of proposed contract template to be used for subcontractors. ☐ Certificate(s) of Insurance
• Please review Article XV of Agreement prior to arranging for certificate to ensure all contractual requirements for insurance certificate are met and specific contract language included on certificate. ☐ IRS Determination Letter of Tax-Exempt Status
• Only if a non-governmental organization
☐ Organizational chart, including names and position titles for contracted program ☐ Job Description and Resume
• For the individual named on Exhibit E, page 5, who has primary, hands-on involvement and oversight of the day-to-day operations of the contracted program
☐ List of Governing Board members
☐ List of Advisory Council or Advisory Committee members (if applicable) ☐ Current documents (i.e. flyers, brochures) used to promote the contracted program ☐ CDA Privacy and Information Security Awareness Training Certificates Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
Programs: Area Plan Programs
Contract Term: July 1, 2026 through June 30, 2027
Fresno-Madera Area Agency on Aging
CONTRACT SUMMARY OF CHANGES
Section Current Language in
Existing Contract New/Amended Language in New Contract
Reason for
Change
Article I.
Definitions
And
Resolutions of
Language
Conflicts,
Section X
“Subcontract” means any
form of legal agreement
between the Contractor and
the Subcontractor, including
an agreement that the
Contractor or Subcontractor
would consider to be a
contract, including vendor
type Agreements for
providing goods or services
under this Agreement.
“Subcontract” Any form of legal agreement between the
Contractor and the subcontractor, including an
agreement that the Contractor or subcontractor would
consider to be a contract, including vendor type
Agreements for providing goods or services for the
subcontractor to carry out part of a federal award
received by the Contractor under this Agreement. It does not include payments to a contractor or payments to an
individual that is a beneficiary of a federal program.
Clarification
Article V.
Assurances,
Section L
The contractor and its
subcontractor shall comply
with the Governor’s
Executive Order B-06-11,
which bans expenditures on
promotional and marketing
items colloquially known as
“S.W.A.G.” or “Stuff We All
Get.”
1. In 2011, Governor Jerry Brown issued an
executive memo that has banned state agencies
and departments from spending taxpayer money
on promotional items, which he named
“S.W.A.G”.
S.W.A.G. stands for “Stuff We All Get.” The
executive memo has not been overturned and is
still in effect; accordingly, all entities that receive state funds must adhere to the executive memo.
SPECIFIC EXAMPLES OF S.W.A.G.
In the executive memo, Governor Brown
named specific items that constitute S.W.A.G.,
which he defined as “free giveaway and gift
items,” including key chains, squeeze toys,
pens, hats, trinkets, shirts, cups, flashlights,
ashtrays, and other “unnecessary” items. This
Clarification
Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
Programs: Area Plan Programs
Contract Term: July 1, 2026 through June 30, 2027
Fresno-Madera Area Agency on Aging
CONTRACT SUMMARY OF CHANGES
is not an exhaustive list.
Ultimately, there is no specific case law
defining SW.A.G.; each case is unique. AAAs
and their contractors must assess whether an
item is either S.W.A.G., or an allowable
expense. The decision to proceed with the
purchase at issue as an allowable expense
requires the AAA or contractor to maintain a
record and keep a written justification
regarding the purchase in its procurement file,
as discussed below.
2. KEEPING WRITTEN JUSTIFICATION FOR
PROCUREMENT
If the AAA or contractor determines that it is
moving forward with the purchase of a
promotional item, it should comply with the
procedures outlined in SCM Vol 2. Chapter 400,
section 401:
Promotional Materials-401
Prior to conducting a purchase for promotional
materials, written justification must be kept in
the procurement file supporting how the
purchase of promotional materials meets the
departmental mission and the AAA’s [or
contractor’s] business needs. Written
justifications should include a description of
Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
Programs: Area Plan Programs
Contract Term: July 1, 2026 through June 30, 2027
Fresno-Madera Area Agency on Aging
CONTRACT SUMMARY OF CHANGES
the type of event(s) and how the promotional
material(s) will be used.
[See:https://www.dgs.ca.gov/PD/Resources/S
CM/TOC/2/2-8, All expenditures of public
funds must support the Department's function,
purpose, and benefit the state.]
3. FUNCTIONALITY AS AN ASSESSMENT
FACTOR
In conducting its analysis on whether a
promotional item constitutes S.W.A.G. or should
be deemed an allowable expense, the AAA or
contractor may consider:
• The functionality of the item,
• Whether the item is given to a targeted group
of people vs. to the general public,
• Whether the items are to be used for
promotional purposes in support of the
departmental mission and the AAA’s or
contractor’s business needs.
4. AAAs and their contractors should work with their
counsel to determine whether a promotional item
may constitute S.W.A.G. If the AAA or their
contractor deems the item an allowable expense,
this will trigger the requirement to maintain written
justification in its procurement files.
Article VII.
Budget and
New Modified Total Direct Cost (MTDC) means all direct
salaries and wages, applicable fringe benefits, materials Clarity in
definition of
Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
Programs: Area Plan Programs
Contract Term: July 1, 2026 through June 30, 2027
Fresno-Madera Area Agency on Aging
CONTRACT SUMMARY OF CHANGES
Budget
Revisions ,
Section C,
Item 1
and supplies, services, travel, and up to the first $50,000 of each subaward (regardless of the period of
performance of the award). MTDC excludes in-kind
contributions, equipment, capital expenditures, charges for patient care, rental costs, tuition remission,
scholarships and fellowships, participant support costs and the portion of each award in excess of $50,000.
Other items may only be excluded when necessary to
avoid a serious inequity in the distribution of indirect costs, and with the approval of the cognizant agency for indirect costs. [45 CFR 75.2]
Modified
Total Direct
Cost
(MTDC)
Article VIII.
Payment,
Sections C, D,
and E
New C. The Agency on Aging shall process and approve
reported expenditures that are based upon actual, not
estimated expenditures. The Agency on Aging shall
notify the Contractor of any disputed expenditures.
D. The Contractor shall submit timely expenditures to the Agency on Aging. Late expenditures may lead to a delay
in payment until the following month.
E. Upon written request by the Agency on Aging, the
Contractor must submit additional documentation or
justification to support the reported expenditures.
Clarification
Article XIV.
Audit
Requirements,
Section C,
Item 1
Contractors that expend
$750,000 or more in federal
funds shall arrange for an
audit to be performed as
required by the Single Audit
Act of 1984, Public Law 98-
502; the Single Audit Act
Amendments of 1996, Public
Contractors that expend $1,000,000 or more in federal
funds shall arrange for an audit to be performed as
required by the Single Audit Act of 1984, Public Law 98- 502; the Single Audit Act Amendments of 1996, Public
Law 104-156; 2 CFR §200.501 to 200.521; and 45 CFR
§75.501 to 75.521. A copy shall be submitted to the
Agency on Aging’s physical address:
Clarification
Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
Programs: Area Plan Programs
Contract Term: July 1, 2026 through June 30, 2027
Fresno-Madera Area Agency on Aging
CONTRACT SUMMARY OF CHANGES
Law 104-156; 2 CFR
§200.501 to 200.521; and 45
CFR §75.501 to 75.521. A
copy shall be submitted to the
Agency on Aging’s physical
address:
Article XIV.
Audit
Requirements,
Section G,
Item 1
Ensuring that subcontractors
expending $750,000 or more
in federal awards during the
subcontractor’s fiscal year
have met the audit
requirements of 2 CFR
§200.501-200.521 and 45
CFR §75.501-75.521.
Ensuring that subcontractors expending $1,000,000 or
more in federal awards during the subcontractor’s fiscal year have met the audit requirements of 2 CFR
§200.501-200.521 and 45 CFR §75.501-75.521.
Clarification
Article I.
Definitions
And
Resolutions
Of Language
Conflicts.
Section EE.
New “Wait List” means a list of individuals eligible for an OAA service, established and maintained by the service
provider, when the service provider has reached
capacity and is unable to provide the OAA service to all eligible individuals who request the service.
Clarification
Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
Area Plan Grant Award ii FY 2026-2027
Table of Contents
Area Plan Grant Award
Table of Contents
Documents Required to Execute Contract ................................................................... i CONTRACT ................................................................................................................. 1 AREA PLAN GRANT AWARD TERMS AND CONDITIONS DECLARATION ......... 3 Article I. Definitions and Resolutions of Language Conflicts ..................... 3 Article II. Agreement ................................................................................... 6 Article III. Term of Agreement ...................................................................... 6 Article IV. Reasonableness of Compensation .............................................. 7 Article V. Assurances .................................................................................. 7 Article VI. Funds ........................................................................................ 33 Article VII. Budget and Budget Revision ..................................................... 37 Article VIII. Payment .................................................................................... 41 Article IX. Subcontracts ............................................................................. 42 Article X. Records and Reports ................................................................. 45 Article XI. Property ..................................................................................... 47 Article XII. Access ....................................................................................... 51 Article XIII. Monitoring and Evaluation ......................................................... 51 Article XIV. Audit Requirements ................................................................... 52 Article XV. Insurance ................................................................................... 58 Article XVI. Donations .................................................................................. 60 Article XVII. Termination ............................................................................... 61 Article XVIII. Remedies and Appeal Process ................................................. 64 Article XIX. Amendments, Revisions or Modifications .................................. 64 Article XX. Notices ...................................................................................... 65 Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
Area Plan Grant Award iii FY 2026-2027
Table of Contents
Area Plan Grant Award
Table of Contents (Continued)
APPENDICES
Resolution of Authorization to Contract ...................................................... Appendix A Contractor Certification Clauses .................................................................. Appendix B Information Integrity and Security Statement ............................................. Appendix C Method of Providing Audit Compliance ...................................................... Appendix D Required Reports and Due Dates ............................................................... Appendix E Sanction Policy ............................................................................................ Appendix F Appeal Procedure for Service Providers .................................................... Appendix G Fresno-Madera Area Agency on Aging Contact List for Service Providers ..... Appendix H Fresno-Madera Area Agency on Aging Emergency Contact Information .......... Appendix I Community Focal Points List ....................................................................... Appendix J Request for Taxpayer Identification Number and Certification .................... Appendix K
EXHIBITS
Program Exhibit ............................................................................................... Exhibit A Budget ............................................................................................................ Exhibit B Annual Summary of Activities .......................................................................... Exhibit C Program Cost Efficiency .................................................................................. Exhibit D Program Narrative ........................................................................................... Exhibit E Service Provider Emergency Resource Information ........................................ Exhibit F
ADDITIONAL DOCUMENTS
CDA Privacy and Information Security Awareness Training Requirement ....................
DocuSign Documents Upload Page .............................................................................
Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
CONTRACT BETWEEN
City of Clovis
AS SERVICE PROVIDER
AND
FRESNO-MADERA AREA AGENCY ON AGING
(HEREINAFTER REFERRED TO AS AGENCY ON AGING)
2520 WEST SHAW LANE, SUITE 101A, FRESNO, CA 97311
MAILING ADDRESS: 2037 WEST BULLARD AVENUE, #512, FRESNO, CA 93711 A. Name and principal address of service contractor (hereinafter referred to as service provider):
City of Clovis
1033 5th Street
Clovis, CA 93612
B. The starting date of this Agreement shall not precede the date the Agreement is signed by both parties hereto. The term of this Agreement is from the date of execution by the Fresno -Madera Area Agency on Aging to June 30, 2027, subject, however, to earlier termination as provided herein.
C. No expenditure or obligation for the funding allocation for the July 1, 2026 through June 30, 2027 period may be incurred after June 30, 2027.
D. Maximum funds available for the following program, contingent upon sufficient funds made available from the State of California to the Agency on Aging and/or by the U.S. Government or the Budget Acts of the appropriate fiscal years for the purposes of this program:
Approved by Fresno-Madera Area Agency on Aging Governing Board on May 13, 2026 Federal Grantor: U.S. Department of Health and Human Services Pass Through Grantor: Fresno-Madera Area Agency on Aging Older Americans Act Title: Title III C1 Congregate Nutrition, Federal CFDA No. 93.045 Contract No.: 27-0051 Service: Site Management
Site 12-Month Funding Cycle Contract Period
Grant Amount
Clovis Senior Center July 1, 2026 to June 30, 2027 $51,000 1st Qtr. Maximum $10,200
Total Term of Contract Grant Award: $51,000
E. This document together with any attached program exhibits, assurances, budgets, and narratives is a firm agreement to provide services for older Americans in Fresno and/or Madera counties (including cities contained therein) as specified in a manner consistent with the intent of, and regulations applicable to, service programs under Title III/VII of the Older Americans Act as amended.
F. The provisions of the Area Plan Grant Award Terms and Conditions Declaration (Articles I through XX) attached thereto, plus all enclosures listed, herein, constitute a part of this contract.
Area Plan Grant Award Contract Page 1 FY 2026-2027
Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
Area Plan Grant Award Contract Page 2 FY 2026-2027
FOR SERVICE PROVIDER:
Date
Type Name Title
Date
Type Name Title
Contractor Federal Employer I.D. Number: Contractor Unique Entity ID:
FOR FRESNO-MADERA AREA AGENCY ON AGING:
Signature Date
Jamie Sharma Executive Director
Type Name Title
Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0 Signature of individual named inn Exhibit E as having primary, hands- on involvement and oversight of the day-to-day operations of the contracted program.
Signature of Authorized Contracting Official
(Refer to Appendix A)
Area Plan Grant Award 3 FY 2026-2027
Terms and Conditions Declaration
FRESNO-MADERA AREA AGENCY ON AGING
AREA PLAN GRANT AWARD
TERMS AND CONDITIONS DECLARATION
This Agreement incorporates the terms and conditions which support an award of Area Plan Funds. Activities under this award shall be carried out in accordance with Title III and Title VII of the Older Americans Act of 1965, as amended (United States Code Title 42, Section 3001); the program regulations and policy directives relating thereto; federal and State laws; and the California Welfare and Institutions Code, Sections 9000-9023, all of which are, or may be, operative during the term of this sub-grant award.
ARTICLE I. DEFINITIONS AND RESOLUTIONS OF LANGUAGE CONFLICTS A. “Agency on Aging” and “FMAAA” means the Fresno-Madera Area Agency on Aging interchangeably.
B. “Agreement” or “Contract” shall mean the Fresno-Madera Area Agency on Aging Area Plan Agreement; Area Plan Grant Award Terms and Conditions Declaration (Articles I through XX); Appendices; Program Exhibits; Budget Display; Attachments; Amendments; and any other documents incorporated by reference, unless otherwise provided in this Article.
C. “Allocation” means the process of assigning a cost, or a group of costs, to one or more cost objective(s), in reasonable proportion to the benefit provided or other equitable relationship. The process may entail assigning a cost(s) directly to a final cost objective or through one or more intermediate cost objectives. (2 CFR §200.1 and 45 CFR §75.2)
D.
E.
F.
G.
“Contractor” or “Service Provider” means the legal entity awarded funds under this Agreement and which is accountable to the Agency on Aging, the State, and/or federal government for use of these funds and which is responsible for executing the provisions for services provided under this Agreement.
Cal. Civ. Code: California Civil Code (CIV)
Cal. Gov. Code: California Government Code (GC)
Cal. Pub. Con. Code: California Public Contract Code (PCC) H. “CCR” means California Code of Regulations.
I. “CFR” means Code of Federal Regulations.
Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
Area Plan Grant Award 4 FY 2026-2027
Terms and Conditions Declaration
J.
L.
M.
N.
O.
“Disallowed costs” means those charges determined to be unallowable, in accordance with the applicable Federal statutes, regulations, or the terms and conditions of the Federal award. (2 CFR 200.31 and 45 CFR 75.2) HHS: Means United States Department of Health and Human Services OAA: Means Older Americans Act
OCA: means Welfare and Institutions Code §9541 of the Mello-Granlund Older Californians Act
OMB: Means Federal Office of Management and Budget
P. “In-Kind Contributions” means the value of non-cash contributions donated to support the project or program (e.g. property, service, etc.).
Q. “Matching Contributions” means local cash and/or in-kind contributions made by the Contractor, a subcontractor, or other local resources that qualify as match for the contract funding.
R. “Program Income” means revenue generated by an Area Agency on Aging or Contractor from contract-supported activities. Program Income is:
1. Voluntary contributions received from a participant or responsible party for services received.
2. Income from usage or rental fees of real or personal property acquired with grant funds or funds provided under this Agreement.
3. Royalties received on patents and copyrights from contract-supported activities.
4. Proceeds from the sale of goods created under an Agency on Aging grant of funds.
S. “PSA 14” means the State Planning and Service Area comprised of Fresno and Madera Counties.
T. “Questioned Costs” means a cost that is questioned by the auditor because of an audit finding which resulted from a violation or possible violation of a statute, regulation, or the terms and conditions of a Federal award, including for funds used to match Federal funds; where the costs, at the time of the audit, are not supported by adequate documentation; or where the costs incurred appear unreasonable and do not reflect the actions a prudent person would take in the circumstances. (2 CFR 200.84 and 45 CFR 75.2).
U. “Recoverable cost” means the questioned cost identified from an audit.
Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
Area Plan Grant Award 5 FY 2026-2027
Terms and Conditions Declaration
V. “Reimbursable item” also means “allowable cost” and “compensable item.” W. “State” and “Department” means the State of California and the California Department of Aging (CDA) interchangeably.
X. “Subcontract” Any form of legal agreement between the Contractor and the subcontractor, including an agreement that the Contractor or subcontractor would consider to be a contract, including vendor type Agreements for providing goods or services for the subcontractor to carry out part of a federal award received by the Contractor under this Agreement. It does not include payments to a contractor or payments to an individual that is a beneficiary of a federal program.
Y. “Subcontractor” means the legal entity that receives funds from the Contractor to carry out any part of a federal award identified in this Agreement.
Z. “USC” means United States Code.
AA. “Vendor” means an entity selling goods or services to the Contractor or Subcontractor during the Contractor or Subcontractor’s performance of this Agreement.
BB. “W&I” means California Welfare and Institutions Code.
CC. As used throughout this Agreement, the term “shall” is mandatory; the term “may” is permissive.
DD. The terms and conditions of this grant award and other requirements have the following order of precedence if there is any conflict in what they require:
1. 2.
The Grant Terms and Conditions
The Older Americans Act and other applicable federal statutes and their implementing regulations.
3. If applicable, the Older Californians Act and other California State codes and regulations.
4. Contract Agreement, including Area Plan Grant Award Terms and Conditions Declaration, all Appendices, all Exhibits, and any amendments thereto.
5. 6.
Program Memos and other guidance issued by the California Department of Aging.
Any other documents incorporated herein by reference, including, if applicable, the federal Health and Human Services (HHS) terms and conditions found in Part II of the HHS Grant Policy Statement. The HHS Grant Policy Statement is Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
Area Plan Grant Award 6 FY 2026-2027
Terms and Conditions Declaration
available under the HHS Policy Requirements Topic at:
https://www.hhs.gov/grants.grants.grants-policies-regulations/index/html EE. “Wait List” means a list of individuals eligible for an OAA service, established and maintained by the service provider, when the service provider has reached capacity and is unable to provide the OAA service to all eligible individuals who request the service.
ARTICLE II. AGREEMENT
A. All elements of this Agreement, as defined in Article I, Section B, and as approved by the Agency on Aging in making this award, are hereby incorporated by reference, as if fully set forth herein.
B. Time is of the essence in this Agreement. All contracts must be signed and returned to the Fresno-Madera Area Agency on Aging within forty-five (45) days of the date on the contract cover letter. If the signed contract is not returned by the designated date and there has been no approval granted, then the funds may be reallocated by the Fresno-Madera Area Agency on Aging Governing Board. The Agency on Aging will send a Notice of Termination of Negotiations to the non-responsive Service Provider on the 46th day from the date of the contract cover letter by certified mail. A copy of the Fresno-Madera Area Agency on Aging Appeal Procedure will be sent with the letter.
C. A copy of this Agreement is on file and available for inspection at the Fresno- Madera Agency on Aging, 2520 West Shaw Lane, Suite 101A, Fresno, California, 93711.
ARTICLE III. TERM OF AGREEMENT
A. This Agreement is of no force or effect until signed by both parties hereto and approved by the Agency on Aging. The Contractor may not commence performance until such approval has been obtained, or until a signed Letter of Authority has been provided by the Agency on Aging.
B. The term of this Agreement is from July 1, 2026, through June 30, 2027, at which time the Agreement expires, subject however, to earlier termination or cancellation as herein provided. Contract awards are limited to a one-year period; however, at the discretion of the Agency on Aging, contracts may be renegotiated up to a maximum of three additional one-year periods subject to annual renegotiation and availability of federal, State, and local funding. Renegotiation shall consider service provider expenditures, service units, and cost standards during renegotiation.
C. Should the Contractor or subcontractor begin work in advance of receiving notice that the Agreement is approved, and before obtaining a signed Letter of Authority from the Agency on Aging, that work may be considered as having been performed at-risk as a volunteer and may not be reimbursed or compensated.
Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
Area Plan Grant Award 7 FY 2026-2027
Terms and Conditions Declaration
ARTICLE IV. REASONABLENESS OF COMPENSATION
Compensation for work or services performed under this Agreement shall be reasonable and based on an analysis of job requirements and comparability with similar work or services in the local labor market.
ARTICLE V. ASSURANCES
A. Agreement Authorization
1. If a public entity, the Contractor shall submit to the Agency on Aging a copy of the resolution, order, or motion referencing this Agreement number authorizing execution of this Agreement. If a private entity, the Contractor shall submit to the Agency on Aging an authorization by the Governing Board of the Contractor to execute this Agreement, referencing this Agreement number. These documents, including minute orders, must also identify the action taken.
2. Documentation in the form of a resolution, order, or motion by the Governing Board of the Contractor is required for the original and each subsequent amendment to this Agreement. This requirement may also be met by a single resolution from the Governing Board of the Contractor authorizing the designee to execute the original and all subsequent amendments to this Agreement.
B. Administration
1. The Contractor shall be a public entity, private nonprofit entity, or Joint Powers Authority (JPA). If a private nonprofit corporation or JPA, the Contractor shall be in good standing with the Secretary of State of California and shall maintain that status throughout the term of the Agreement.
a. Any grant awards to for-profit entities are subject to review and approval by the California Department of Aging prior to issuance of a contract by the Agency on Aging to the Contractor. [22 CCR §7362]
2. The Contractor shall ensure that any subcontractors providing services under this Agreement shall be of sound financial status. Any subcontracting private entity or JPA shall be in good standing with the Secretary of State of California and shall maintain that status throughout the term of the Agreement.
3. Failure to maintain good standing by the contracting entity shall result in suspension or termination of this Agreement with the Agency on Aging until satisfactory status is restored. Failure to maintain good standing by a subcontracting entity shall result in suspension or termination of the subcontract by the Contractor until satisfactory status is restored.
Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
Area Plan Grant Award 8 FY 2026-2027
Terms and Conditions Declaration
4. This Agreement is not assignable by the Contractor, either in whole or in part, without the written consent of the Agency on Aging in the form of a formal written amendment.
5. The Contractor, and the agents and employees of the Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State or the Agency on Aging.
6. In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have full force and effect and shall not be affected.
C. Debarment, Suspension, and Other Responsibility Matters
1. The Contractor certifies to the best of its knowledge and belief, that it and its subcontractors:
a. Are not presently debarred or suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency. [45 CFR §92.35]
b. Have not, within a three-year period preceding this Agreement, been convicted of, or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, State, or local) transaction or contract under a public transaction; violation of federal or State antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, State, or local) with commission of any of the offenses enumerated in Section C.1.b of this Article.
d. Have not, within a three-year period preceding this Agreement, had one or more public transactions (federal, State, or local) terminated for cause or default.
2. The Contractor shall report immediately to the Agency on Aging, in writing, any incidents of alleged fraud and/or abuse by either the Contractor or subcontractors. The Contractor shall maintain any records, documents, or other evidence of fraud and abuse until otherwise notified by the Agency on Aging.
Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
Area Plan Grant Award 9 FY 2026-2027
Terms and Conditions Declaration
3. The Contractor agrees to timely execute any and all amendments to this Agreement or other required documentation relating to the Subcontractor’s debarment/suspension status.
4. The Contractor shall notify the Agency on Aging immediately of any intention to discontinue existence of the entity or to bring an action for dissolution.
D. Law, Policy and Procedure, Licenses, and Certificates
1. The Contractor agrees to administer this Agreement and require any subcontractors to administer their subcontracts in accordance with this Agreement, and with all applicable local, State, and federal laws and regulations including, but not limited to, discrimination, wages and hours of employment, occupational safety, and to fire, safety, health, and sanitation regulations, directives, guidelines, and/or manuals related to this Agreement and resolve all issues using good administrative practices and sound judgment. The Contractor and its subcontractors shall keep in effect all licenses, permits, notices, and certificates that are required by law.
2. The Contractor shall ensure compliance with the following federal regulations:
a. Clean Air Act, as amended. (42 USC § 7401)
b. Federal Water Pollution Control Act, as amended. (33 USC § 1251et seq.)
c. Environmental Protection Agency Regulations (40 CFR 29) (Executive Order 11738)
E. Provision of Services, Staffing, and Standards of Work
1. The Contractor shall ensure the provision of services under this Agreement, as specified by the attached exhibits, which are hereby incorporated by reference. Inadequate performance or failure to make progress so as to endanger performance of this Agreement may result in imposition of sanctions as described in Appendix F, Sanction Policy, or termination of the Agreement as described in Article XVII, Termination.
2. The Contractor shall make every effort to meet the goals and objectives stipulated in this Agreement. Performance shall not be unilaterally reduced or otherwise changed without prior consultation with, and written approval of, the Agency on Aging. A service unit reduction that impacts the Agency’s ability to provide service levels defined in its Area Plan or Area Plan Update service unit objectives requires:
a. Written approval from the California Department of Aging to the Agency on Aging if such reduction is greater than ten percent (10%).
Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
Area Plan Grant Award 10 FY 2026-2027
Terms and Conditions Declaration
b. An Amendment to the Agency on Aging’s Area Plan if such reduction is greater than twenty percent (20%), including a public hearing; approval by the Agency’s Governing Board and Advisory Council chairpersons and the Agency’s Executive Director; and approval by the California Department of Aging. [22 CCR §7306(a)]
3. The Contractor agrees that the performance of work and services pursuant to the requirements of this Agreement shall conform to accepted professional standards.
4. The Contractor shall maintain adequate staff to meet the Contractor’s obligations under this Agreement.
5. The Contractor shall make staff available to the California Department of Aging and the Agency on Aging for training and meetings, which the California Department of Aging or the Agency on Aging may find necessary from time to time.
F. Payroll Taxes and Deductions
The Contractor shall promptly forward payroll taxes, insurances, and contributions, including State Disability Insurance, Unemployment Insurance, Old Age Survivors Disability Insurance, and federal and State income taxes withheld, to designated governmental agencies as required by law.
G. Nondiscrimination
The Contractor shall comply with all federal statutes relating to nondiscrimination. These include those statutes and laws contained in the Contractor Certification Clauses (Appendix B), which are hereby incorporated by reference. In addition, Contractor shall ensure compliance with the following:
1. Equal Access to Federally-Funded Benefits, Programs, and Activities Contractor shall ensure compliance with Title VI of the Civil Rights Act of 1964 (42 USC §2000d; 45 CFR §80), which prohibits recipients of federal financial assistance from discriminating against persons based on race, color, religion, or national origin.
2. Equal Access to State-Funded Benefits, Programs, and Activities Contractor shall, unless exempted, ensure compliance with the requirements of California Government Code §11135 et seq., and 22 CCR 11140 et seq., which prohibit recipients of State financial assistance from discriminating against persons based on race, national origin, ethnic group identification, religion, age, sex, sexual orientation, color, or disability. [22 CCR §98323]
3. California Civil Rights Laws (Public Contract Code §2010) Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
Area Plan Grant Award 11 FY 2026-2027
Terms and Conditions Declaration
a. For contracts of $100,000 or more, executed or renewed after January 1, 2017, the Contractor certifies compliance with the Unruh Civil Rights Act (Section 51 of the Civil Code) and the Fair Employment and Housing Act (Section 12960 of the Government Code).
b. For contracts of $100,000 or more, executed or renewed after January 1, 2017, if a Contractor has an internal policy against a sovereign nation or peoples recognized by the United States government, the Contractor certifies that such policies are not used in violation of the Unruh Civil Rights Act (Section 51 of the Civil Code) or the Fair Employment and Housing Act (Section 12960 of the Government Code).
4. Contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. [42 USC §12101 et seq.]
5. The Contractor shall not require proof of age, citizenship, or disability as a condition of receiving services.
6. Contractor agrees to include these requirements in all contracts it enters into with subcontractors to provide services pursuant to this Agreement.
H. Information Confidentiality and Security:
1. This Information Confidentiality and Security Requirements section sets forth the information privacy and security requirements the contractor is obligated to follow with respect to all personal, confidential, and sensitive information (as defined herein) disclosed to the contractor, or collected, created, maintained, stored, transmitted, or used by the contractor for or on behalf of the Agency on Aging pursuant to this agreement. (Such personal, confidential, and sensitive information is referred to here as PSCI.) Agency on Aging and the subcontractor desire to protect their privacy and provide for the security of Agency on Aging PSCI pursuant to this section of this agreement and in compliance with state and federal laws applicable to Agency on Aging and California Department of Aging PSCI.
The terms of this section shall apply to all contracts, subcontracts, and subawards made by the AAA in furtherance of this agreement and services provided in accordance with this agreement. The contractor shall require its agents, subcontractors, or independent consultants (collectively, agents) to conform to this section regarding California Department of Aging PSCI.
Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
Area Plan Grant Award 12 FY 2026-2027
Terms and Conditions Declaration
2. Definitions
a. Breach:
i. The unauthorized acquisition, access, use or disclosure of California Department of Aging and the Agency on Aging PSCI in a manner in which compromises the security, confidentiality, or integrity of the information; or
ii. The same definition of “breach of the security system” set forth in California Civil Code section 1798.29 subdivision (f): or iii. The same as the definition of “breach” set forth in the Health Insurance Portability and Accountability Act Privacy Rule, 45 Code of Federal Regulations 164.402.
b. Confidential Information: Information that is exempt from disclosure under the provisions of the California Public Records Act (Government Code section 7920.000 Et seq.).
c. Disclosure: the release, transfer, provision of, access to, or divulging in any manner of information outside the entity holding the information
d. PSCI: “personal information”, “sensitive information”, and “confidential information” (as these terms are defined herein)/. e. Personal Information: Information that identifies or describes an individual, including, but not limited to, their name, social security number, physical description, home address, home telephone number, education, financial matters, and medical or employment history. It is CDA’s policy to consider all information about individuals private unless such information is determined to be a public record. Personal Information also includes the following:
i. Notice-Triggering Personal Information: Specific items of personal information (name plus Social Security number, driver license/California identification card number, or financial account number) that may trigger a requirement to notify individuals if it is acquired by an unauthorized person. For purposes of this provision, identity shall include, but not be limited to name, identifying number, symbol, or other identifying information assigned to the individual, such as finger or voice print or a photograph. See Civil Code section 1798.29.
Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
Area Plan Grant Award 13 FY 2026-2027
Terms and Conditions Declaration
ii. Protected Health Information (PHI): The term “PHI” refers to and includes both “PHI” as defined at 45 CFR section 160.103 and Personal Information (PI) as defined in the Information Practices Act at California Civil Code section 1798.3(a). PHI includes information in any form, including paper, oral, and electronic.
f. Public Information: Information that is not exempt from disclosure under the provisions of the California Public Records Act (Government Code sections 7920.000 Et seq.).
g. Security Incident:
i. A breach or attempted breach; or
ii. The attempted or successful unauthorized access, disclosure, modification, or destruction of Agency on Aging or CDA PSCI, in violation of any state or federal low or in a manner not permitted under this agreement; or
iii. The attempted or successful modification or destruction of, or interference with, the contractor’s system operations in an information technology system, that negatively impacts the confidentiality, availability, or integrity of Agency on Aging PSCI; or
iv. Any event that is reasonably believed to have compromised the confidentiality, integrity, or availability of an information asset, system, process, data storage, or transmission. Furthermore, an information security incident may also include an event that constitutes a violation or imminent threat of violation of information security policies or procedures, including
acceptable use policies.
h. Sensitive Information: Information that requires special precautions to protect from unauthorized use, access, disclosure, modification, loss, or deletion. Sensitive Information may be either Public Information or Confidential Information. It is information that requires a higher-than-normal assurance of accuracy and completeness. Thus, the key factor for Sensitive Information is that of integrity. Typically, Sensitive Information includes records of agency financial transactions and regulatory actions.
3. Disclosure Restrictions
The contractor shall protect Agency on Aging PSCI from unauthorized disclosure. The contractor shall not disclose, except as otherwise specifically permitted by this agreement, any Agency on Aging PSCI to Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
Area Plan Grant Award 14 FY 2026-2027
Terms and Conditions Declaration
anyone other than Agency on Aging personnel or programs without prior written authorization from the Agency on Aging or the California Department of Aging.
a. The contractor and the Agency on Aging mutually agree that the creation, receipt, maintenance, transmittal, and disclosure of data from the Agency on Aging containing Personal Health Information (PHI) shall be subject to the Health Insurance Portability and Accountability Act of 1996 and its implementing privacy and security regulations at 45 CFR Parts 160 and 164 (collectively and as used in this agreement, HIPPA). The contractor agrees to provide the same, or greater, level of protection to Agency on Aging data that would be required if the contractor were a Business Associate under HIPPA, regardless of whether the contractor is or is not a Business Associate.
b. To the extent that other state and/or federal laws provide additional, stricter and/or more protective (collectively, more protective) privacy and/or security protections to Agency on Aging PSCI covered under this agreement beyond those provided through HIPPA, the contractor agrees:
i. To comply with the more protective of the privacy and security standards set forth in applicable state or federal laws to the extent such standards provide a greater degree of protection and security than HIPPA or are otherwise more favorable to the individuals whose information is concerned; and
ii. To treat any violation of such additional and/or more protective standards as a breach or security incident, as appropriate. iii. Examples of laws that provide additional and/or stricter privacy protections to certain types of Agency on Aging PSCI as defined above in Section H definitions of this agreement, include but are not limited to the Information Practices Act, California Civil Code sections 1798-1798.78, Confidentiality of Alcohol and Drug Abuse Patient Records, 42 CFR Part 2, Welfare and Institutions Code Section 5328, and California Health and Safety Code section 11845.5.
iv. If the Contractor is a Qualified Service Organization (QCS) as defined in 42 CFR section 2.11, the contractor agrees to be bound by and comply with subdivisions (2)(i) and (2) (ii) of that section.
4. Use Restrictions
The contractor shall not use any Agency on Aging or California Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
Area Plan Grant Award 15 FY 2026-2027
Terms and Conditions Declaration
Department of Aging PSCI for any purpose other than performing the contractor’s obligations under this agreement.
5. Safeguards and Security
The contractor shall implement administrative, physical and technical safeguards that reasonably and appropriately protect the confidentiality, integrity and availability of Agency on Aging PSCI including electronic Agency on Aging PSCI that it creates, receives, maintains, uses, or transmits on behalf of Agency on Aging. The contractor shall develop and maintain a written information privacy and security program that includes administrative, technical, and physical safeguards appropriate to the size and complexity of the contractor’s operations and the nature and scope of its activities. The contractor’s administrative, technical, and physical safeguards shall include, at a minimum:
a. Technical Security Controls:
The Contractor shall, at a minimum, utilize a National Institute of Standards and Technology Special Publication (NIST SP) 800-53 compliant security framework when selecting and implementing its security controls and shall maintain continuous compliance with NIST SP 800-53 as it may be updated from time to time. The current version of NIST SP 800-53, Revision 5, is available online at https://csrc.nist.gov/pubs/sp/800/53/r5/upd1/final; updates will be available online at https://csrc.nist.gov/publications/sp800. b. Removeable Media Devices
All electronic files that contain Agency on Aging PSCI data must be encrypted when stored on any removeable media or portable device (i.e., USB thumb drives, floppies, CD/DVD, smart devices, tapes, etc.). PSCI must be encrypted, at a minimum, using FIPS 140-2 certified algorithm or successor standards, such as Advanced Encryption Standard (AES), with a 128bit key or higher. c. Patch Management
The Contractor shall apply security patches and upgrades and keep virus software up to date on all systems which PHI and other confidential information may be used.
d. Transmission and Storage of PSCI:
All persons that will be working with Agency on Aging PSCI shall employ with FIPS 140-3 compliant encryption of PHI, at rest and in motion, unless it has been determined that such encryption is Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
Area Plan Grant Award 16 FY 2026-2027
Terms and Conditions Declaration
unreasonable and inappropriate based upon a risk assessment and equivalent alternative measures are in place and documented as such
e. Minimum Necessary:
Only the minimum necessary amount of Agency on Aging PSCI required to perform necessary business functions applicable to the terms of this Agreement may be used, disclosed, copied, downloaded, or exported.
f. Antivirus Software:
All workstations, laptops and other systems that process and/or store Agency on Aging PSCI must install and actively use a comprehensive anti-virus software solution with automatic updates scheduled at least daily.
g. Data Security:
Agency on Aging PSCI will be stored separately from other customers’ data. Data will be stored and processed within the continental United States, and remote access to data from outside the continental United States will be prohibited. Data will be encrypted such that unauthorized parties are unable to read the data within the database/data repositories or any backups.
h. Mailing:
Mailings of Agency on Aging PSCI shall be sealed and secured from damage or inappropriate viewing of PSCI to the extent possible.
Mailings which include 500 or more individually identifiable records of Agency on Aging PSCI in a single package shall be sent using a tracked mailing method which includes verification of delivery and receipt, unless the prior written permission of Agency on Aging to use another method is obtained.
i. Security Officer:
The contractor shall designate a Security Officer to oversee its data security program who will be responsible for carrying out its privacy and security programs and for communicating on security matters with Agency on Aging.
j. Mitigation of Harmful Effects:
The Contractor shall mitigate, to the extent practicable, any harmful Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
Area Plan Grant Award 17 FY 2026-2027
Terms and Conditions Declaration
effect that is known to the contractor of a use or disclosure of PSCI and other confidential information in violation of the requirements of this Agreement.
k. Access to, and Accounting For, Disclosure of PSCI:
The contractor shall document and make available to Agency on Aging or (at the direction of Agency on Aging) to an Individual such disclosures of Agency on Aging PSCI and information related to such disclosures necessary to respond to a proper request by the subject Individual for an accounting of disclosures of personal information as required by 45 CFR section 164.524 or any applicable state or federal law.
6. Employee Training
All persons who assist in the performance of functions or activities on behalf of the Agency on Aging, or access or disclose Agency on Aging PSCI, must complete information privacy and security training, located at https://aging.ca.gov/Information_security/ at least annually, at the contractor’s expense. Each person who receives information privacy and security training must sign a certification, indicating the member’s name and the date on which the training was completed. These certifications must be retained for a period of six (6) years following contract termination.
7. Employee Discipline:
Appropriate sanctions must be applied against persons who fail to comply with privacy policies and procedures or any provisions of these requirements, including termination of employment where appropriate.
8. Access to Practices, Books and Records
The Contractor shall make its internal practices, books, and records relating to the use and disclosure of PSCI on behalf of the Agency on Aging available to the Agency on Aging upon reasonable request.
9. Special Provision for SSA Data
In the Contractor receives data from or on behalf of Agency on Aging that was verified by or provided by the Social Security Administration (SSA Data) and is subject to an agreement between the Agency on Aging and SSA, the contractor shall provide, upon request by the Agency on Aging, a list of all employees and agents who have access to such data, including employees and agents of its agents, to Agency on Aging.
Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
Area Plan Grant Award 18 FY 2026-2027
Terms and Conditions Declaration
10. Breaches and Security Incidents
The contractor shall implement reasonable systems for the discovery and prompt reporting of any breach or security incident, and take the following steps:
a. Notice to the Agency on Aging
The Contractor shall notify the Agency on Aging immediately by email or telephone of the discovery of:
i. Unsecured Agency on Aging PSCI if the Agency on Aging PSCI is reasonably believed to have been accessed or acquired by an unauthorized person.
ii. Any suspected security incident which risks unauthorized access to Agency on Aging PSCI and/or other confidential information. iii. Any intrusion or unauthorized access, use, or disclosure of Agency on Aging PSCI in violation of this agreement: or iv. Potential loss of confidential data affecting this agreement v. Notice via email shall be made using the current CDA 1025 “Information Security Incident Report: form and shall include all information known at the time the incident is reported. The forms are available online at: https://aging.ca.gov/Information_security/ vi. Upon discovery of a breach or suspected security incident, intrusion, or unauthorized access, use or disclosure of Agency on Aging PSCI, the Contractor shall:
a. Prompt corrective action to mitigate any risks or damages involved with the security incident or breach: and
b. Any action pertaining to such unauthorized disclosure is required by applicable Federal and State Laws and
regulations.
b. Investigation of Security Incident Breach
The contractor shall immediately investigate such security incident, breach, or unauthorized use or disclosure of Agency on Aging PSCI. c. Complete Report
The contractor shall provide a complete report of the investigation to Agency on Aging within (10) working days of the discovery of the Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
Area Plan Grant Award 19 FY 2026-2027
Terms and Conditions Declaration
breach or unauthorized use or disclosure. The complete report must include an assessment of all known factors relevant to a determination of whether a breach occurred under applicable federal and state laws. The report shall include a full, detailed corrective action plan including information on measures that were taken to halt and/or contain improper use or disclosure. If the Agency on Aging requests information in addition to this report, the contractor shall make reasonable efforts to provide the Agency on Aging with such information. Agency on Aging will review and approve or disapprove the contractor’s determination of whether a breach occurred, whether the security incident or breach is reportable to the appropriate entities, if individual notifications are required, and the contractor’s corrective action plan.
i. If the Contractor does not submit a complete report within the ten (10) working day time frame, the contractor shall request approval from the Agency on Aging within the ten (10) working timeframe for the complete report.
d. Notification of Individuals
If the cause of a breach is attributable to the contractor or its agents, the contractor shall notify individuals accordingly and shall pay all costs of such notifications as well as any costs associated with the breach. The notifications shall comply with applicable federal and state law. The Agency on Aging shall approve the time, manner, and content of any such notifications and their review and approval must be obtained before the notifications are made.
e. Responsibility for Reporting Breaches to Entities other than the Agency on Aging
If the cause of a breach of Agency on Aging PSCI is attributable to the contractor or its subcontractors, the contractor is responsible for all required reporting of the breach as required by applicable federal and state law.
f. Submission of Sample Notification to Attorney General:
If notification to more than 500 individuals is required pursuant to California Civil Code section 1798.29, regardless of whether the contractor is considered only a custodian and/or non-owner of the Agency on Aging PSCI, the contractor shall, at its sole expense and at the sole election of the Agency on Aging, either:
i. Electronically submit a single sample copy of the security breach notification, excluding any personally identifiable information, to Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
Area Plan Grant Award 20 FY 2026-2027
Terms and Conditions Declaration
the Attorney General pursuant to the format, content, and timeliness provisions of Section 1798.29, subdivision (e). The contractor shall inform the Agency on Aging Privacy Officer:
Hillaree Bennett, of the time, manner, and content of any such submissions prior to the transmission of such submissions to the Attorney General; or
ii. Cooperate with and assist the Agency on Aging in is submission of a sample copy of the notification to the Attorney General.
11. Contact Information
To direct communications to the above referenced Agency on Aging staff, the contractor shall initiate contact as indicated herein. Agency on Aging reserves the right to make changes to the contact information below by giving written notice to the contractor.
Agency on Aging Privacy Officer: Agency on Aging Information Security Officer:
Fresno-Madera Area Agency on Aging
2520 W. Shaw Ln. #101 A
Fresno, CA 93711
Attn: Program Director, Hillaree Bennett
Email: [email protected]
Telephone: 559-319-0863
Fresno-Madera Area Agency on Aging
2520 W. Shaw Ln. #101 A
Fresno, CA 93711
Attn: Executive Director, Jamie Sharma
Email: [email protected]
Telephone: 559-214-0299 ext. 500
13. Responsibility of Agency on Aging
The Agency on Aging agrees to not request the contractor use or disclose PSCI in any manner that would not be permissible under HIPPA and/or other applicable federal and/or state law.
14. Audits, Inspections, and Enforcement
a. Agency on Aging Right to Inspect
From time to time, Agency on Aging may inspect the facilities, systems, books, and records of the contractor to monitor compliance with the safeguards required in the Information Confidentiality and Security Requirements (ICSR) section. The contractor shall promptly remedy any violation of any provision of this ICSR section. The fact that Agency on Aging inspects, or fails to inspect, or has the right to inspect, the contractor’s facilities, systems, and procedures does not relieve the contractor of its responsibility to comply with this ICSR section.
Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
Area Plan Grant Award 21 FY 2026-2027
Terms and Conditions Declaration
b. Notification to Agency on Aging in Event the Contractor is Subject to Other Audit:
If the contractor is the subject of an audit, compliance review, investigation, or any proceeding that is related to the performance of its obligations pursuant to this agreement or is the subject of any judicial or administrative proceeding alleging a violation of HIPAA, the contractor shall promptly notify the Agency on Aging unless it is legally prohibited from doing so.
15. Miscellaneous Provisions
a. Disclaimer:
Agency on Aging makes no warranty or representation that compliance by the contractor with this agreement will satisfy the contractor’s business needs or compliance obligations. The contractor is solely responsible for all decisions made by the contractor regarding the safeguarding of Agency on Aging PSCI and other confidential information
b. Amendment:
i. Any provision of this agreement which conflicts with current or future applicable federal or state laws is hereby amended to conform to the provisions of those laws. Such amendment of this agreement hall be effective on the effective date of the laws necessitating it and shall be binding on the parties even though such amendment may not have been reduced to writing and formally agreed upon and executed by the parties.
ii. Failure by the contractor to take necessary actions required by amendments to this agreement shall constitute a material violation
c. Assistance in Litigation or Administrative Proceedings The contractor shall make itself, its employees, and agents available to the Agency on Aging at no cost to Agency on Aging to testify as witnesses in the event of litigation or administrative proceedings being commenced against Agency on Aging, its director, officers, or employees based upon claimed violation of laws relating to security and privacy, and which involves inactions or actions by the contractor (except where the contractor or its subcontractor, workforce employee, or agent is a named adverse party). d. No Third-Party Beneficiaries
Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
Area Plan Grant Award 22 FY 2026-2027
Terms and Conditions Declaration
Nothing in this agreement is intended to or shall confer upon any third person, any rights, or remedies whatsoever.
e. Interpretation
The terms and conditions in this agreement shall be interpreted as broadly as necessary to implement and comply with regulations and applicable laws. The parties agree that any ambiguity in the terms and conditions of this agreement shall be resolved in favor of a meaning that complies and is consistent with federal and state laws and regulations.
f. No Waiver of Obligations
No change, waiver, or discharge of any liability or obligation hereunder on any one or more occasions shall be deemed a waiver of performance of any continuing or other obligation or shall prohibit enforcement of any obligation on any other occasion.
g. Return or Destruction of Agency on Aging PSCI on Expiration or Termination
At expiration or termination of the contract, if feasible, the contractor shall return or destroy all Agency on Aging PSCI that the contractor still maintains in any form and retain no copies of such information. If return or destruction is not feasible, Agency on Aging and the contractor shall determine the terms and conditions under which the contractor may retain the PSCI.
h. Data Sanitization
All Agency on Aging PSCI must be sanitized using NIST Special Publication 800-88 standard methods for data sanitization when the Agency on Aging PSCI is no longer needed.
i. Survival
If return or destruction of Agency on Aging PSCI is not feasible upon the completion or termination of the contract, the respective rights, and obligations of the contractor under this Section shall survive the completion or termination of the contract between the contractor and the Agency on Aging. The contractor shall also limit further uses and disclosures of Agency on Aging PSCI to those purposes that make the return or destruction of the information infeasible.
Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
Area Plan Grant Award 23 FY 2026-2027
Terms and Conditions Declaration
I. Copyrights
1. If any material funded by the Agency on Aging is subject to copyright, the State reserves the right to copyright such material and the contractor agrees not to copyright such material, except as set forth in Article V section I.2.
2. The contractor may request permission to copyright material by writing to the Director of Agency on Aging. The Director shall grant permission or give reason for denying permission to the contractor in writing within sixty (60) days of receipt of the request
3. If the material is copyrighted with the consent of Agency on Aging, the State reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, prepare derivative works, publish, distribute and use such materials, in whole or in part, and to authorize others to do so, provided written credit is given to the author.
4. The contractor certifies that it has appropriate systems and controls in place to ensure that State funds will not be used in the performance of work outlined within this agreement or the contract for the acquisition, operation, or maintenance of computer software in violation of copyright laws.
J. Rights in Data
1. The Contractor shall not publish or transfer any materials, as defined in Section J.2 of this Article, produced or resulting from activities supported by this Agreement without the express written consent of the Executive Director and/or Program Director of the Agency on Aging. That consent shall be given or the reasons for denial shall be given and any conditions under which it is given or denied within thirty (30) days after the written request is received by the Agency on Aging. The Agency on Aging may request a copy of the material for review prior to approval of the request.
This subsection is not intended to prohibit the Contractor from sharing identifying client information authorized by the participant or summary program information that is not client-specific.
2. As used in this Agreement, the term “subject data” means writings, sound recordings, pictorial reproductions, drawings, designs or graphic representations, procedural manuals, forms, diagrams, workflow charts, equipment descriptions, data files and data processing or computer programs, and works of any similar nature (whether or not copyrighted or copyrightable) which are first produced or developed under this Agreement. The term does not include financial reports, cost analyses, and similar information incidental to contract administration.
Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
Area Plan Grant Award 24 FY 2026-2027
Terms and Conditions Declaration
3. Subject only to the provisions of Article V, Section H, Information Integrity and Security, and Article V, Section I, Copyrights, of this Agreement, the State and the Agency on Aging may use, duplicate, or disclose in any manner, and have or permit others to do so subject to State and federal law all subject data delivered under this Agreement.
K. Public Education and Information
(Please note: This differs from the IIIB service categories within the data dictionary that have the same names)
Public Education and Information (PE&I) falls into two categories:
1. Educational – materials that educate and inform an audience such as activity books, coloring books, brochures, and posters.
2. Promotional – material that promotes, supports, or enhances efforts and directly relates to the project objective such as key chains, onboard signs, mugs, pencils, magnets, and litter bags. The State of California and CDA does NOT allow CDA funds to be used for this purpose.
The Contractor shall assure that publications, press releases, paid and earned advertisements, outreach and media, media and kick-off events, educational materials and public notice conditions are met by ensuring that:
Materials published or transferred by the Contractor and financed with funds under this agreement shall include the following funding disclaimer:
“The materials or product were a result of a project funded by a contract with the California Department of Aging”.
Contractors and subcontractors that produce educational materials that mention the CDA name (outside of the funding disclaimer) or use the CDA logo must receive approval from the CDA Office of Communications prior to production. Subrecipients that produce PE&I materials must receive written approval from the CDA Office of Communications if the CDA is mentioned anywhere other than within the funding disclaimer, or if the CDA logo is used. Subrecipients should allow a minimum of ten (10) business days for approval; they should contact the CDA Office of Communications for assistance ([email protected]).
Contractors should also advise vendors that all materials used in the production of public outreach materials paid for with grant funds are the property of the Contractor, AAA, and the CDA (i.e., data, plates, digital files, camera-ready artwork, designs, concepts, photographs, video and Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
Area Plan Grant Award 25 FY 2026-2027
Terms and Conditions Declaration
audio). The Agency on Aging reserves the right to use materials developed by the Contractor, and/or subcontractor.
Questions regarding the inclusion, size or placement of the CDA logo should be directed to the CDA Office of Communications.
All documents produced must comply with Federal Acquisition Regulation, Section 508 which governs document accessibility.
L. S.W.A.G Ban
1. In 2011, Governor Jerry Brown issued an executive memo that has banned state agencies and departments from spending taxpayer money on promotional items, which he named “S.W.A.G”.
S.W.A.G. stands for “Stuff We All Get.” The executive memo has not been overturned and is still in effect; accordingly, all entities that receive state funds must adhere to the executive memo.
SPECIFIC EXAMPLES OF S.W.A.G.
In the executive memo, Governor Brown named specific items that constitute S.W.A.G., which he defined as “free giveaway and gift items,” including key chains, squeeze toys, pens, hats, trinkets, shirts, cups, flashlights, ashtrays, and other “unnecessary” items. This is not an exhaustive list.
Ultimately, there is no specific case law defining SW.A.G.; each case is unique. AAAs and their contractors must assess whether an item is either S.W.A.G., or an allowable expense. The decision to proceed with the purchase at issue as an allowable expense requires the AAA or contractor to maintain a record and keep a written justification regarding the purchase in its procurement file, as discussed below.
2. KEEPING WRITTEN JUSTIFICATION FOR PROCUREMENT
If the AAA or contractor determines that it is moving forward with the purchase of a promotional item, it should comply with the procedures outlined in SCM Vol 2. Chapter 400, section 401:
Promotional Materials-401
Prior to conducting a purchase for promotional materials, written justification must be kept in the procurement file supporting how the purchase of promotional materials meets the departmental mission and the AAA’s [or contractor’s] business needs. Written justifications should include a description of the type of event(s) and how the promotional material(s) will be used.
Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
Area Plan Grant Award 26 FY 2026-2027
Terms and Conditions Declaration
[See: https://www.dgs.ca.gov/PD/Resources/SCM/TOC/2/2-8, All expenditures of public funds must support the Department's function, purpose, and benefit the state.]
3. FUNCTIONALITY AS AN ASSESSMENT FACTOR
In conducting its analysis on whether a promotional item constitutes S.W.A.G. or should be deemed an allowable expense, the AAA or contractor may consider:
• The functionality of the item,
• Whether the item is given to a targeted group of people vs. to the general public,
• Whether the items are to be used for promotional purposes in support of the departmental mission and the AAA’s or
contractor’s business needs.
4. AAAs and their contractors should work with their counsel to determine whether a promotional item may constitute S.W.A.G. If the AAA or their contractor deems the item an allowable expense, this will trigger the requirement to maintain written justification in its procurement files.
M. Advertising and Public Relations
The contractor shall assure that publications, press releases, paid and earned advertisements, outreach and media, media and kick-off events, educational materials and public notice conditions are met by ensuring that:
Materials published or transferred by the contractor and financed with funds under this agreement shall include the following funding disclaimer:
“The materials or product were a result of a project funded by a contract with the California Department of Aging”.
Any materials that utilize the CDA logo or name (outside of the funding disclaimer), require approval by the CDA Office of Communications prior to publication and dissemination. The use of CDA logo and CDA mention outside of the funding disclaimer is at the discretion of the contractor. If the CDA logo or CDA mention is used, the contractor shall email the draft language and materials a minimum of ten (10) business days in advance of publication and dissemination to [email protected] and the appropriate CDA Program staff point of contact.
Language and materials submitted will be assessed in batches on the first and fifteenth of each month, with a minimum of ten (10) business days approval Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
Area Plan Grant Award 27 FY 2026-2027
Terms and Conditions Declaration
period.
N. Approval Requirements for Advertising and Public Relations This section further clarifies the approval requirements as outlined in ARTICLE V.K and V.M.
Approval Required:
Materials that use the CDA logo, including:
• Paid advertising
• Earned advertising
• Outreach materials
• Educational materials
• Media events
• Public notices
No Approval Required:
• Materials that only mention CDA in the funding disclaimer “The materials were funding by a contract with the California Department of Aging.” Without using the CDA logo.
• Materials that do not mention the CDA name or use the CDA logo.
Social Media Posts
Approval Required:
• Social media posts that mention the CDA name or use the CDA logo.
No Approval Required:
• Social media posts that do not mention the CDA name or use the CDA logo, even if CDA funds are involved.
• Tagging @calaging on X, Facebook, or LinkedIn is optional but encouraged to keep CDA informed about your organization’s activities.
Specific Scenarios and Examples
• Paid advertisement in local newspaper - No approval is needed if the promotion includes the funding disclaimer without the CDA logo or mentioning CDA.
• Public Notices - No approval is needed for public notices about Area Plan updates or RFPs that use template language but do not use CDA logo.
• Examples of materials requiring approval: Press releases, brochures, websites, flyers, invitations, presentations, and reports that mention the CDA name beyond the funding disclaimer language or use the CDA logo with or without other logos.
Submission Process
Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
Area Plan Grant Award 28 FY 2026-2027
Terms and Conditions Declaration
Submit language and materials needing approval to
[email protected].
• Review timeline: Typically, within ten (10) business days • Review dates: First and fifteenth of each month
• Urgent requests: Notify Office of Communications if expedited approval is needed.
Questions
• For questions about approval requirements email
[email protected].
O. Copyrights/Trademarks
The CDA reserves a royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal or state government purposes the following:
1. The copyright/trademark in any work developed under a grant, sub grant or contract under a grant or sub grant.
2. Any right of copyright/trademark to which a contractor or subcontractor purchases ownership with grant funds.
P. Lobbying Certification
The Contractor, by signing this Agreement, hereby certifies to the best of his or her knowledge and belief, that:
1. No federally appropriated funds have been paid or will be paid, by or on behalf of the Contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
2. If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with this federal Agreement, grant, loan or cooperative agreement, the Contractor shall complete and submit Standard Form LLL, Disclosure Form to Report Lobbying, in accordance with its instructions.
Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
Area Plan Grant Award 29 FY 2026-2027
Terms and Conditions Declaration
3. The Contractor shall require that the language of this certification be included in the award documents for all subcontracts at all tiers (including contracts under grants, loans, and cooperative agreements which exceed $100,000) and that all subcontractors shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. This certification is a prerequisite for making or entering into this transaction imposed by 31 USC §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Q. Conflict of Interest
1. The Contractor shall prevent employees, consultants, or members of governing bodies from using their positions for purposes including, but not limited to, the selection of subcontractors, that are, or give the appearance of being, motivated by a desire for private gain for themselves or others, such as family, business, or other ties. In the event that the Agency on Aging determines that a conflict of interest exists, any increase in costs associated with the conflict of interest may be disallowed by the Agency on Aging, and such conflict may constitute grounds for termination of the Agreement.
2. This provision shall not be construed to prohibit employment of persons with whom the Contractor’s officers, agents, or employees have family, business, or other ties, so long as the employment of such persons does not result in a conflict of interest (real or apparent) or increased costs over those associated with the employment of any other equally qualified applicant, and such persons have successfully competed for employment with the other applicants on a merit basis.
R. Covenant Against Contingent Fees
1. The Contractor warrants that no person or selling agency has been employed or retained to solicit this Agreement. There has been no agreement to make commission payments in order to obtain this Agreement.
2. For breach or violation of this warranty, the Agency on Aging shall have the right to terminate this Agreement without liability or at its discretion to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingency fee.
S. Facility Construction or Repair
1. This section applies only to Title III funds and not to other funds allocated to other Titles under the Older Americans Act.
Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
Area Plan Grant Award 30 FY 2026-2027
Terms and Conditions Declaration
a. When applicable for purposes of construction or repair of facilities, the Contractor shall comply with the provisions contained in the following and shall include such provisions in any applicable agreements with subcontractors:
i. Copeland “Anti-Kickback” Act [18 USC §874, 40 USC §3145] [29 CFR §3];
ii. Davis-Bacon Act [40 USC §3141 et seq.] [29 CFR §5]; iii. Contract Work Hours and Safety Standards Act [40 USC §3701 et seq.] [29 CFR §5, 6, 7, 8]; and
iv. Executive Order 11246 of September 14, 1965, entitled “Equal Employment Opportunity” as amended by Executive
Order 11375 of October 13, 1967, as supplemented in
Department of Labor Regulations [41 CFR §60].
b. Payments are not permitted for construction, renovation, alteration, improvement, or repair of privately-owned property which would enhance the owner’s value of such property except where permitted by law and by the Agency on Aging.
c. When funding is provided for construction and non-construction activities, the Contractor must obtain prior written approval from the Agency on Aging before making any fund or budget transfers between construction and non-construction.
T. Grievance Process
1. The Contractor must establish a written grievance process for reviewing and attempting to resolve complaints of older individuals receiving services funded by this Agreement. At a minimum, the process shall include all of the following:
a. Time frames within which a complaint will be acted upon. b. Written notification to the complainant of the results of the review, including a statement that the complainant may appeal to the Fresno-Madera Area Agency on Aging if dissatisfied with the results of the Contractor’s review.
c. Confidentiality provisions to protect the complainant’s rights to privacy. Only information relevant to the complaint may be released to the responding party without the older individual’s consent.
2. The Contractor shall notify older individuals of the grievance process available to them by:
a. Posting notification of the process in visible and accessible areas, such as the bulletin boards in multipurpose senior centers. For areas Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
Area Plan Grant Award 31 FY 2026-2027
Terms and Conditions Declaration
in which a substantial number of older individuals are non-English speaking, the notification shall also be posted in the primary language of a significant number of older individuals.
b. Advising homebound older individuals of the process either orally or in writing upon the Contractor’s contact with the individuals.
3. Complaints may involve, but not be limited to, any or all of the following:
a. Amount or duration of a service.
b. Denial or discontinuance of a service.
c. Dissatisfaction with the service being provided or with the service provider. If the complaint involves an issue of professional conduct that is under the jurisdiction of another entity, such as the California Medical Board or the State Bar Association, the complainant shall be referred to the proper entity.
d. Failure of the service provider to comply with any of the requirements set forth in CDA regulations or in this Agreement.
4. Nothing in this Article shall be construed as prohibiting older individuals from seeking other available remedies, such as presenting their complaints at an open meeting of the Contractor’s governing board.
U. Disaster Plan
1. The Contractor shall prepare and maintain a disaster plan that ensures provision of critical services to meet the emergency needs of consumers they are charged to serve during medical or natural disasters, such as earthquakes or floods, and make such plan available to the Agency on Aging upon request.
2. The Contractor shall provide annual disaster response training and a current list of community resources for all employees and volunteers, and maintain documentation of such training.
3. The Contractor shall designate a primary and a secondary emergency contact. Following an emergency or disaster, the Contractor’s designated contact shall update the Agency on Aging with the Contractor’s operational status.
4. The Contractor shall complete Exhibit F, Service Provider Emergency Resource Information, included with this agreement, and advise the Agency on Aging whenever a change to this information occurs.
V. Community Focal Points
Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
Area Plan Grant Award 32 FY 2026-2027
Terms and Conditions Declaration
The Contractor acknowledges that the Agency on Aging has designated locations as Community Focal Points, as required by Title 22 CCR Article 3 §7302(a)(14), 45 CFR §1321.53(c), and OAA 2006 §306(a), which are attached as Appendix J, Community Focal Points List.
ARTICLE VI. FUNDS
A. Expenditure of Funds
1. The Contractor shall expend all funds received to perform services outlined within agreement.
2. Any reimbursement for authorized travel and per diem shall be at rates not to exceed those amounts paid by the State in accordance with the California Department of Human Resources’ (CalHR) rules and regulations.
3. In State:
Mileage/Per Diem (meals and incidentals)/Lodging
https://www.calhr.ca.gov/employees/pages/travel-reimbursements.aspx Out of State: http://hrmanual.calhr.ca.gov/Home/ManualItem/1/2201 This is not to be construed as limiting the contractor from paying any differences in costs, from funds other than those provided by the Agency on Aging, between the CalHR rates and any rates the contractor is obligated to pay under other contractual agreements. No travel outside the state of California shall be reimbursed unless prior written authorization is obtained from the State. [SCM 3.17.2.A(4)] The contractor agrees to include these requirements in all subcontracts it enters into with subcontractors to provide services pursuance to this agreement.
4. Agency on Aging reserves the right to refuse payment to the contractor or disallow costs for any expenditure, as determined by the Agency on Aging to be: out of compliance with this agreement, unrelated or inappropriate to contract activities, when adequate supporting documentation is not presented, or where prior approval was required, but was either not requested or not granted.
B. Accountability for Funds
1. The Contractor shall maintain accounting records for funds received under the terms and conditions of this Agreement. These records shall be separate from those for any other funds administered by the Contractor, and shall be maintained in accordance with Generally Accepted Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
Area Plan Grant Award 33 FY 2026-2027
Terms and Conditions Declaration
Accounting Principles and Procedures and the Office of Management and Budget’s Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. [2 CFR §200] [45 CFR §75]
2. The Contractor shall ensure that funding for services as outlined herein are managed and prorated monthly to ensure that adequate Older Americans Act funding is available to provide services through the ending date of this Agreement.
3. Funds made available under this Agreement shall supplement, and not supplant, any federal, State, or local funds expended by a State or unit of general purpose local government to provide Title III (excluding Title III E) and Title VII services.
C. Financial Management Systems
The Contractor shall meet the following standards for its financial management systems, as stipulated in 2 CFR §200.302 and 45 CFR §75.302:
1. Financial Reporting.
2. Accounting Records.
3. Complete Disclosure.
4. Source Documentation.
5. Internal Control.
6. Budgetary Control.
7. Cash Management (written procedures).
8. Allowable Costs (written procedures).
D. Unexpended Funds
1. No later than December 23 of the Agreement year, the Contractor shall report to the Agency on Aging if any Older Americans Act funds will remain unexpended at the ending date of this Agreement.
2. The Agency on Aging shall request and receive from the Contractor release of Older Americans Act funds for an amount mutually agreed upon by both parties, not to exceed the estimated amount of unexpended funds. The Agency on Aging shall be reasonable in its request for funds and the Contractor shall not unreasonably withhold permission for release of funds.
3. The Agency on Aging retains all rights to reallocate released funds into other programs, projects, or activities.
Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
Area Plan Grant Award 34 FY 2026-2027
Terms and Conditions Declaration
4. Upon termination, cancellation, or expiration of this Agreement, or dissolution of the entity, the Contractor shall return to the Agency on Aging immediately upon written demand, any funds provided under this Agreement, which are not payable for goods or services delivered prior to the termination, cancellation, or expiration of this Agreement, or the dissolution of the entity.
E. Funding Contingencies
1. It is understood between the parties that this Agreement may have been written before ascertaining the availability or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if this Agreement were executed after that determination was made.
2. This Agreement is valid and enforceable only if sufficient funds are made available to the State, and subsequently to the Agency on Aging, by the United States Government or the Budget Acts of the appropriate fiscal years for purposes of the contracted program(s). In addition, this Agreement is subject to any additional restrictions, limitations, or conditions enacted by the Congress or the Legislature that may affect the provisions, terms, or funding of this Agreement in any manner.
F. Limitation of State Liability
Payment for performance by the Contractor shall be dependent upon the availability of future appropriations by the Legislature or Congress for the purposes of this Agreement and approval of an itemized budget. No legal liability on the part of the State or the Agency on Aging for any payment may arise under this Contract until funds are made available; the itemized budget is approved by the State; and the Contractor has received an executed Agreement.
G. Funding Reduction
1. If funding for any State or Agency on Aging fiscal year is reduced or deleted by the Department of Finance, Legislature, or Congress for the purpose of the services outlined within this agreement, the Agency on Aging shall have the option to either:
a. Terminate the Agreement pursuant to Section A.1 of Article XVII, Termination, of this Agreement; or
b. Offer a revision to the Budget to reflect the reduced funding authorized by the authority of this agreement.
2. In the event the Agency on Aging elects to offer a revised budget display(s), it shall be mutually understood by both parties that:
Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
Area Plan Grant Award 35 FY 2026-2027
Terms and Conditions Declaration
a. The Agency on Aging reserves the right to determine which programs, if any, shall be reduced.
b. Some programs may be reduced by a greater amount than others, and
c. The Agency on Aging shall determine at its sole discretion the amount that any or all of the programs shall be reduced for the applicable fiscal years.
H. Fiscal Provisions
1. The agreement must be approved prior to release and disbursement of any program funding included within these terms via the budget displays.
2. Upon release of an original or revised budget display, a separate budget for all programs affected shall be submitted electronically to the Agency on Aging’s fiscal department, within 30 days of release.
3. Budgets must be approved by the Agency on Aging’s fiscal department prior to any disbursement of funding.
4. Agency on Aging cannot disburse funds until the contract agreement is fully executed.
ARTICLE VII. BUDGET AND BUDGET REVISION
A. The Contractor shall be reimbursed for expenses only as itemized in the approved budget with the exception of line item budget transfers as noted in Section E of this Article and shall not be entitled to reimbursement for these expenses until this Agreement is approved and executed by the Agency on Aging. The approved Contractor’s budget is hereby incorporated by reference into this Agreement as a part of Exhibit B.
B. The final date to submit a budget revision to the Agency on Aging for this Agreement is April 30, 2027.
C. Indirect Costs
1. The maximum reimbursement amount allowable for indirect costs is fifteen percent (15%) of the Contractor’s Modified Total Direct Costs (MTDC), excluding in-kind contributions and nonexpendable equipment.
Indirect costs shall not exceed fifteen percent (15%) of the Contractor’s MTDC per funding category.
Modified Total Direct Cost (MTDC) means all direct salaries and wages, applicable fringe benefits, materials and supplies, services, travel, and up to the first $50,000 of each subaward (regardless of the period of performance of the award). MTDC excludes in-kind contributions, Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
Area Plan Grant Award 36 FY 2026-2027
Terms and Conditions Declaration
equipment, capital expenditures, charges for patient care, rental costs, tuition remission, scholarships and fellowships, participant support costs and the portion of each award in excess of $50,000. Other items may only be excluded when necessary to avoid a serious inequity in the distribution of indirect costs, and with the approval of the cognizant agency for indirect costs. [45 CFR 75.2]
2. The contractor requesting reimbursement for indirect costs exceeding the maximum fifteen percent (15%) shall retain on file an approved negotiated indirect cost rate or cost allocation plan.
3. Indirect costs exceeding the fifteen percent (15%) maximum may be budgeted as in-kind for purposes of meeting matching requirements in Title III and Title VII programs only. Contractors must receive prior approval from the federal awarding agency, through the Agency on Aging with approval from the California Department of Aging, prior to budgeting the excess indirect costs as in-kind.
4. For major Institutes of Higher Education and major nonprofit organizations, indirect costs must be classified within two broad categories: “Facilities” and “Administration.” “Facilities” is defined as depreciation on buildings, equipment and capital improvement, interest on debt associated with certain buildings, equipment and capital improvements, and operations and maintenance expenses.
“Administration” is defined as general administration and general expenses such as the director’s office, accounting, personnel and all other types of expenditures not listed specifically under one of the subcategories of “Facilities” (including cross allocations from other pools, where applicable). [2 CFR 200.414(a)] [45 CFR §75.414(a)] D. Program Specific Funds
1. Program Income
a. Program Income must be reported and expended under the same terms and conditions as the program funds from which it is generated.
b. Program Income must be used to pay for current allowable costs of the program in the same fiscal year that the income was earned (except as noted in Section D.1.d of this Article).
c. For Title III B, III C, III D, III E, VII Ombudsman, and VII Elder Abuse Prevention, Ombudsman Citation Penalties Account, Licensing and Certification Program Funds, Skilled Nursing Facility Quality and Accountability Funds, CARES Act, Elder Justice Act, and Older Californians Act. Program Income must be spent before contract funds (except as noted in Section D.1.d of this Article) and may reduce the total amount of contract funds payable to the Contractor.
Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
Area Plan Grant Award 37 FY 2026-2027
Terms and Conditions Declaration
d. Program Income may not be used to meet the matching
requirements of this Agreement.
e. Program Income must be used to expand baseline services. f. If as a result of advanced funds, the project earns interest on funds awarded by the Agency on Aging, that interest shall be identified as income to the program and used for program expenditures, with full documentation on file for all programs.
2. One-Time-Only (OTO) Funds
a. OTO Funds, if any, are non-transferable between funding sources.
This means that OTO funds can only be used in the program in which they were accrued.
b. Titles III and VII federal program OTO funds shall only be used for the following purposes:
i. Home and community-based projects that are approved in advance by the California Department of Aging, and are
designed to address the unmet needs of the eligible service population identified in the Area Plan.
ii. Innovative pilot projects that are approved in advance by the California Department of Aging, and are designed for the development or enhancement of a comprehensive and
coordinated system of services as defined in 45 CFR
§1321.53(a)(b).
iii. OTO funds can be used to maintain or increase baseline services; however, the Contractor shall assure that services funded with OTO funds will not create an expectation of service delivery beyond the current Contract period. Expenditures for baseline services do not require advance approval from the California Department of Aging.
c. NSIP OTO funds shall only be used to purchase food used in the Elderly Nutrition Program.
E. Line Item Budget Transfers
The Contractor may transfer Agreement funds between line items under the following terms and conditions:
1. The Contractor shall obtain prior approval from the Agency on Aging for any line item transfer of funds that exceeds ten percent (10%) of the total budget for each funding source, and submit a revised budget to the Agency on Aging.
2. The Contractor shall maintain a written record of all budget changes and clearly document line item budget changes. The record shall include the Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
Area Plan Grant Award 38 FY 2026-2027
Terms and Conditions Declaration
date, amount, and purpose of the transfer. This record shall be available to the Agency on Aging upon request and shall be maintained in the same manner as all other financial records.
F. Matching Contributions
1. “Matching Contributions” is defined in Article I, Section H. a. Cash and/or in-kind contributions may count as match, if such contributions are used to meet program requirements.
b. Any matching contributions (cash or in-kind) must be verifiable from the records of the Contractor or subcontractor.
c. Matching contributions must be used for allowable costs in accordance with the Office of Management and Budget cost principles.
2. Minimum matching contributions for Older Americans Act funded grants awarded by the Fresno-Madera Area Agency on Aging are determined as follows:
a. Title III B Supportive Services (not including Ombudsman), Title III C1 Congregate Nutrition, and Title III C2 Home-Delivered Nutrition is forty percent (40%).
b. Title III E Family Caregiver Support Program is thirty percent (30%). c. Long-Term Care Ombudsman Program; Title VII Elder Abuse Prevention; Title III D Health Promotion-Evidence Based: No Match Required
3. Minimum matching requirements are calculated on net costs, which are total costs less program income, non-matching contributions, and State funds.
4. Matching contributions generated in excess of the minimum required are considered overmatch.
ARTICLE VIII. PAYMENT
A. The Contractor shall prepare and submit a monthly expenditure report, as indicated in Appendix E, Required Reports and Due Dates, by the 15th of each month to the Agency on Aging, unless otherwise specified by the Agency on Aging. The report shall include all costs and funding sources for the month prior.
B. The Agency on Aging shall review the Contractor’s report to ensure compliance with the approved Agreement budget.
Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
Area Plan Grant Award 39 FY 2026-2027
Terms and Conditions Declaration
C. The Agency on Aging shall process and approve reported expenditures that are based upon actual, not estimated expenditures. The Agency on Aging shall notify the Contractor of any disputed expenditures.
D. The Contractor shall submit timely expenditures to the Agency on Aging. Late expenditures may lead to a delay in payment until the following month.
E. Upon written request by the Agency on Aging, the Contractor must submit additional documentation or justification to support the reported expenditures.
F. Depending upon funding availability, the Agency on Aging shall make monthly reimbursement payments to the Contract as specified in Appendix E, Required Reports and Due Dates, of this Agreement. The Agency on Aging shall pay the Contractor a total not to exceed the amount shown on page one (1) of this Agreement.
G. The Agency on Aging may withhold payment if the Agency on Aging determines that the Agreement with the Contractor is at-risk, as described in Appendix F, Sanction Policy.
H. The Agency on Aging shall be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. Payments made after a decision to withhold funds or terminate the Agreement will be governed by Article XVII, Termination.
I. The Agency on Aging may require financial reports more frequently than indicated in Section A of this Article or more detail (or both), upon written notice to the Contractor, until such time as the Agency on Aging determines that the financial management standards are met.
J. Closeout
1. Contractor is required to submit the Financial Closeout Report for this Agreement and Fixed Assets Acquired through Grants with the Fresno- Madera Area Agency on Aging (FMAAA 32) to the Agency on Aging by July 15, 2027. All contractors are required to submit Program Property Inventory Certification annually, at the time of closeouts, to [email protected] or as instructed by FMAAA. If Agreement is terminated or cancelled prior to June 30, 2027, the Financial Closeout Report and FMAAA 32 shall be submitted to the Agency on Aging within fifteen (15) days of termination or cancellation of the Agreement.
ARTICLE IX. SUBCONTRACTS
A. The Contractor must obtain approval from the Agency on Aging prior to awarding any subcontracts for services contracted in this Agreement.
B. The Contractor shall not obligate funds for this Agreement in any subcontracts for service beyond the ending date of this Agreement.
Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
Area Plan Grant Award 40 FY 2026-2027
Terms and Conditions Declaration
C. The Contractor shall have no authority to contract for, or on behalf of, or incur obligations on behalf of the State of California or the Agency on Aging.
D. The Contractor shall maintain on file copies of subcontracts, memorandums, and/or Letters of Understanding which shall be made available for review at the request of the Agency on Aging.
E. The Contractor shall require language in all subcontracts to require all subcontractors to comply with all applicable State and federal laws.
F. The Contractor shall require its subcontractors under this Agreement, other than units of local government which are similarly self-insured, to maintain adequate insurance coverage for general liability, Workers Compensation liabilities, and if appropriate, automobile liability including non-owned automobile and professional liability, and further, the Contractor shall require all of its subcontractors to hold the Contractor harmless. The subcontractor’s Certificate of Insurance for general and automobile liability shall also name the Contractor, not the Agency on Aging, as the certificate holder and additional insured. The Contractor shall maintain Certificates of Insurance for all of its subcontractors.
G. The Contractor shall require language in all subcontracts to require all subcontractors to indemnify, defend, and save harmless the Agency on Aging, its officers, agents, and employees from any and all claims and losses accruing to or resulting from any contractors, subcontractors, suppliers, laborers, and any other person, firm, or corporation furnishing or supplying work services, materials, or supplies in connection with any activities performed for which funds from this Agreement were used and from any and all claims and losses accruing or resulting to any person, firm, or corporation who may be injured or damaged by the subcontractor(s) in the performance of this Agreement.
H. The Contractor shall ensure that the subcontractor will complete all reporting and expenditure documents requested by the Agency on Aging. These reporting and expenditure documents shall be sent to the Contractor in a timely manner and at intervals as determined by the Agency on Aging.
I. The Contractor shall require all subcontractors to maintain adequate staff to meet the subcontractor’s agreement with the Contractor. This staff shall be available to the California Department of Aging and the Agency on Aging for training and meetings, which the California Department of Aging or the Agency on Aging may find necessary from time to time.
J. If a private non-profit corporation, the subcontractor shall be in good standing with the Secretary of State of California and shall maintain that status throughout the term of the Agreement.
Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
Area Plan Grant Award 41 FY 2026-2027
Terms and Conditions Declaration
K. In the case of small contracts, not over $100,000 in the aggregate, the contractor may need only obtain price or rate quotations from a number of qualified sources and informally select the source with which to contract or obtain the purchase. [22 CCR 7352(g).] Although a competitive process is not required, a Pre-Award Review is required for small contracts with for-profit entities, as follows:
1. Pre-Award Review: Prior to informally selecting the for-profit entity with which to contract or obtain the purchase, the AAA shall submit the following to CDA for review and approval for small contracts (under $100,000 in the aggregate):
a. Documentation that the aggregate value of the contract with any entity is less than $100,000.
b. A completed CDA 2000 (Conflict of Interest Disclosure Form) that discloses whether a potential or actual conflict of interest exists. c. Copies of the price or rate quotations received from qualified sources on individual bidder letterhead.
2. The Agency on Aging will provide a determination letter within fifteen (15) days of receipt of all required documentation confirming that the contractor has satisfied the requirements of a noncompetitive award to a for-profit entity or will provide detail as to the requirement(s) that have not been met.
3. The AAA shall maintain all of the following for a period of three years after final payments are made and all other pending matters are closed:
1) Copies of all approved bids or proposals and any amendments or changes thereto.
2) A statement of the criteria used to approve awards.
3) Copies of the award documents and contracts entered into pursuant to Section 7364.
4) Other information as requested by 45 CFR 92.36(b), [CCR Title II, Section 7352(h) as well as CDA’s determination letter.
4. Because “requirements” under a particular contract likely have distinct and itemized values, considering these distinct values together likely provides the most reasonable way of viewing the meaning of “aggregate” for purposes of determining whether the small contract procurement procedures may be used for a particular contract under 22 CCR 7352 (g).
As such, aggregate likely means the combined total estimated value of each requirement for a particular contract. This would require the contractor to assess its known contract requirements in the planning phase and estimate the value of each requirement. If those requirements Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
Area Plan Grant Award 42 FY 2026-2027
Terms and Conditions Declaration
in the aggregate are not more than $100,000, the small contract procedures may be used.
L. Contracts over $100,000 in the aggregate for any entity must follow an open and competitive process [22 CCR 7352].
The Contractor shall, prior to the awarding of a subcontract to any for-profit entity, submit the following to Agency on Aging for review and approval:
1. The Request for Proposal (RFP) or Invitation for Bid. [22 CCR 7362(a)(1)].
2. All bid proposals received. [22 CCR 7362(a)(2)].
3. The proposal or bid evaluation documentation, along with the AAA’s rationale for awarding the contract to a for-profit entity. [22 CCR 7362(a)(3)].
4. Description and documentation of dissemination of
information concerning the RFP to elicit adequate
competition. [22 CCR7356].
M. The Agency on Aging will provide a determination letter within fifteen (15) days of receipt of all required documentation confirming that the Contractor has satisfied the requirements of a competitive award to a for-profit entity or will provide details as to the requirement(s) that have not been met. The Contractor must maintain all documentation on file that supports a competitive award to a for-profit entity, as well as the Agency on Aging’s determination letter. Where a program may be contracted to a for-profit organization, the Contractor should include in its contract with the for-profit entity, a requirement for performance of a program specific audit of the contracted program by an independent audit firm.
N. The contractor shall refer to 2 CFR 200.331, Subpart D-Subrecipient and Contractor Determinations and 45 CFR 75.351, Subpart D-Subrecipient and Contractors Determinations in making a determination if a subcontractor relationship exists. If such a relationship exists, then the contractor shall follow the procurement requirements in the applicable Office of Management and Budgets (OMB) Circular.
O. The Contractor shall utilize procurement procedures as follows:
1. The Contractor shall obtain goods and services through open and competitive awards. Each contractor shall have written policies and procedures, including application forms, for conducting an open and competitive process, and any protests resulting from the process.
2. For goods and services purchased with Title III or Title VII funds, the Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
Area Plan Grant Award 43 FY 2026-2027
Terms and Conditions Declaration
procurement procedures must include, at a minimum, the requirements set forth in 22 CCR 7352. The only exceptions are contained in 22 CCR 7360(a) and 22 CCR 7360(d). The Contractor issuing a noncompetitive award must comply with 22 CCR 73600 (b)-(d).
ARTICLE X. RECORDS AND REPORTS
A. Records
1. The Contractor shall maintain complete records which shall include, but not be limited to, accounting records, contracts, agreements, a reconciliation of the Financial Closeout Report to the audited financial statements, and a summary worksheet identifying the results of performing audit resolution of its subcontractors in accordance with Article XIV, Audit Requirements, of this Agreement. This includes the following: Letters of agreement, insurance documentation, Memorandums and/or Letters of Understanding, patient or client records, and electronic files of its activities and expenditures hereunder in a form satisfactory to the Agency on Aging. All records pertaining this Agreement must be made available for inspection and audit by the Agency on Aging or its duly authorized agents, at any time during normal business hours.
2. All such records, including confidential records, must be maintained and made available by the Contractor as follows:
a. Until an audit of the July 1, 2026 through June 30, 2027 period of expenditures has occurred and an audit resolution has been issued or unless otherwise authorized in writing by the Agency on Aging or the California Department of Aging’s Audit and Risk Management Branch;
b. For such longer period, if any, as is required by applicable statute, by any other clause of this Agreement, or by Sections 3 and 4 of this Article; and
c. For such longer period as the Agency on Aging or the State deems necessary.
3. If this Agreement is completely or partially terminated, the records relating to the work terminated shall be preserved and made available for the same periods as in Sections A.2.a through A.2.c of this Article. The Contractor shall ensure that any resource directories and all client records remain the property of the Agency on Aging upon termination of this Agreement, and are returned to the Agency on Aging or transferred to another contractor as instructed by the Agency on Aging.
4. In the event of any litigation, claim, negotiation, audit exception, or other action involving the records, such records shall be maintained and kept Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
Area Plan Grant Award 44 FY 2026-2027
Terms and Conditions Declaration
available until every action has been cleared to the satisfaction of the Agency on Aging and the State and so stated in writing to the Contractor.
5. Adequate source documentation of each transaction shall be maintained relative to the allowability of expenditures reimbursed by the Agency on Aging under this Agreement. Source documentation includes, but is not limited to: vendor invoices, bank statements, cancelled checks, bank/credit card statements, contracts and agreements, employee time sheets, purchase orders, indirect cost allocation plans.
6. All records containing confidential information shall be handled in a confidential manner in accordance with the requirements for information integrity and security, and in accordance with guidelines set forth in this section. After the authorized period has expired, confidential records shall be shredded and disposed of in a manner that will maintain confidentiality.
B. Reports
1. The Contractor shall prepare and submit fiscal and performance reports as designated in Appendix E, Required Reports and Due Dates. Reports shall be submitted on forms in a format approved by the Agency on Aging.
2. The Contractor shall assure that all financial and program data submitted to the Agency on Aging are timely, complete, accurate, and verifiable.
3. If supporting documentation is required as stated in Article XIV, Audit Requirements, all such documentation must accompany the monthly expenditure report.
4. All Program Income received by the Contractor shall be included on the monthly expenditure report, and expenditures supported by Program Income shall be stated in the appropriate column. Program Income shall be tracked on a “first in-first out” method. Unspent Program Income shall not exceed the equivalent of thirty (30) days average Program Income.
5. The Contractor shall cross-train staff on program data collection and reporting requirements in the event of planned or unplanned prolonged absences to ensure timely and accurate submission of data.
6. Upon request, the Contractor will provide information and supporting documentation on any activities funded in-part or in-whole with the supplement funding.
ARTICLE XI. PROPERTY
Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
Area Plan Grant Award 45 FY 2026-2027
Terms and Conditions Declaration
A. Unless otherwise provided for in this Article, property refers to all assets used in operation of this Agreement.
1. Property includes land, buildings, improvements, machinery, vehicles, furniture, tools, intangibles, etc.
2. Property does not include consumable office supplies such as paper, pencils, toner cartridges, file folders, etc.
B. Property acquired under this Agreement, which meets any of the following criteria, is subject to the reporting requirements (SAM 8610.5):
1. Has a normal useful life of at least one (1) year and has a unit acquisition cost of at least $500 (a desktop or laptop setup is considered a unit, if purchased as a unit).
2. 3.
All computing devices, regardless of cost (including, but not limited to, workstations, servers, laptops, personal digital assistants, notebook computers, tablets, smartphones, and cellphones).
All Portable electronic storage media, regardless of cost (including but not limited to, thumb/flash drives and portable hard drives).
C. Intangibles are property which lack physical substance but give valuable rights to the owner. Examples of intangible property include patents, copyrights, leases, and computer software. By contrast, hardware consists of tangible equipment (e.g., computer printer, terminal, etc.). Costs include all amounts incurred to acquire and to ready the intangible asset for its intended use.
Typical intangible property costs include the purchase price, legal fees, and other costs incurred to obtain title to the asset.
D. Equipment/Property with per unit cost over $500 or any computing devices, regardless of cost, requires justification from the Contractor and approval from the California Department of Aging and the Agency on Aging. The Contractor must submit a detailed listing of planned Equipment/Property purchases in its budget to the Agency on Aging (Schedule of Program/Site Supplies and Equipment Purchases, page 4 of Exhibit B, Budget). Please note an approved budget is not approval for equipment purchases. The Agency on Aging will notify the Contractor when the California Department of Aging has rendered an approval decision.
E. The Contractor shall report property acquired with funds provided under this Agreement to the Agency on Aging:
1. Title III B, Title III C, and Title VII (b): On the Monthly Report of Expenditures and Donations Revenue for the month in which the property was acquired.
Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
Area Plan Grant Award 46 FY 2026-2027
Terms and Conditions Declaration
2. Title III E: On the Title III E Monthly Report of Expenditures (for the Family Caregiver Support Program) for the month in which the property was acquired.
3. Long-Term Care Ombudsman Program: On the Budget
Summary/Monthly Expenditure Report and Request for Funds, Special Deposit Fund (SDF) & Skilled Nursing Facility Quality & Accountability Fund (SNFQAF) (CDA-OMB-300) for the month in which the property was acquired.
F. The Contractor shall attach receipts for the property and a list of the following information for each item of property acquired: Date acquired; complete description; model number; serial number (if applicable); cost or other basis of valuation; fund source; and specific location of the property.
G. The Contractor shall maintain a cumulative inventory, including the Asset Tag number and all information required by Section F of this Article, of all property furnished or purchased by the Contractor with funds awarded under the terms of this Agreement or any predecessor agreement for the same purpose.
H. The Contractor shall affix the Asset Tag provided by the Agency on Aging to tangible property upon receipt of the asset tag from the agency, which identifies the property as State of California property. The Contractor shall enter the Asset Tag number on the cumulative inventory records maintained by the Contractor for this Agreement.
I. The Contractor shall conduct an annual physical inventory of all property furnished or purchased by the Contractor with funds awarded under the terms of this Agreement or any predecessor agreement for the same purpose, and submit Fixed Assets Acquired through Grants with the Fresno-Madera Area Agency on Aging (FMAAA 32) with the annual Financial Closeout Report to the Agency on Aging. Corresponding reconciliation must be kept on file and available for review by the Agency on Aging.
J. Prior to disposal of any property purchased by the Contractor or subcontractor with funds from this Agreement or any predecessor Agreement, the Contractor must obtain approval from the California Department of Aging, through the Agency on Aging, for all reportable property as defined in Section B of this Article. The Contractor shall submit a Request to Dispose of Property (FMAAA 248) to the Agency on Aging to request disposal of property.
Disposition, which includes sale, trade-in, discarding, or transfer to another agency, may not occur until approval is provided by the California Department of Aging and the Agency on Aging notifies the Contractor of the State’s instructions for disposition of property (CDA 248) to [email protected] Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
Area Plan Grant Award 47 FY 2026-2027
Terms and Conditions Declaration
Once property has been disposed as per the State’s authorization and instructions, the item(s) shall be removed from the Contractor’s inventory report. Property is not to be disposed of until both the CDA 248 and STD 152 have been approved by CDA. Contractor will be liable for repayment of purchase price of equipment if Contractor disposes of equipment without prior approval from Agency on Aging and CDA.
K. The Contractor must sanitize property (remove all confidential, sensitive, or personal information) prior to disposal, including removal or destruction of data on computing devices with digital memory and storage capacity. This includes, but is not limited to, magnetic tapes, personal computers, personal digital assistants, cell or smart phones, multi-function printers, and laptops. The Contractor must attach documentation of sanitation of such devices to the Request to Dispose of Property (FMAAA 248) requesting property disposal.
L. Any loss, damage, or theft of equipment shall be investigated and fully documented, and the Contractor shall promptly notify the Agency on Aging and shall provide copies of investigative documentation and police reports as requested by the California Department of Aging. In addition, the Contractor shall complete a Request to Dispose of Property (FMAAA 248) and provide it to the Agency on Aging.
M. The State reserves title to all property purchased or financed with funds provided through the Agency on Aging that is not fully consumed in the performance of this Agreement, including property acquired with grant funds, matching funds, monetary donations, and in-kind donations as entered on the budget, budget revisions, and/or closeout report for this Agreement, unless otherwise required by federal law or regulations.
N. The Contractor shall exercise due care in the use, maintenance, protection, and preservation of such property during the period of the project, and shall assume responsibility for replacement or repair of such personal property during the period of the project and until the Contractor has complied with all written instructions from the Agency on Aging regarding the final disposition of the property.
O.
P.
In the event of the Contractor’s dissolution, or upon termination of this Agreement, the Contractor shall provide a final property inventory to the Agency on Aging. The Agency on Aging reserves the right to require the Contractor to transfer such property to another entity, or to the Agency on Aging.
To exercise the above right, no later than one hundred twenty (120) days after termination of this Agreement or notification of the Contractor’s dissolution, the AAA will issue specific written disposition instructions to the Contractor.
Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
Area Plan Grant Award 48 FY 2026-2027
Terms and Conditions Declaration
Q. The Contractor shall use the property for the purpose for which it was intended under this Agreement.
R.
S.
The Contractor shall not use equipment or supplies acquired under this Agreement with federal and/or State monies for personal gain or to usurp the competitive advantage of a privately-owned business entity.
If purchase of property is a reimbursable item, the property to be purchased will be specified on an approved Budget.
T. The Contractor shall include the provisions contained in this Article in all its subcontracts awarded under this Agreement.
ARTICLE XII. ACCESS
A. The Contractor shall provide access to the Agency on Aging, federal or State contracting agency, Bureau of State Audits, the Comptroller General of the United States, or any of their duly authorized federal or State representatives to any books, documents, papers, and records of the Contractor or subcontractor which are directly pertinent to this specific Agreement for the purpose of an audit, examination, excerpts, and transcriptions. The Contractor shall include this requirement in its subcontracts.
ARTICLE XIII. MONITORING AND EVALUATION
A. Welfare and Institution Code (WIC) (Division 8.5 Mello-Granlund Older Californians Act [9000 – 9757.5] Chapter 2. California Department of Aging [9100-9118.5] Article 1. General provisions [9100-9114] Section 9102 (a)) states that the State Unit of Aging shall administer all programs under the Older Americans Act of 1965, as amended, and this division, including providing ongoing oversight, monitoring, and service quality evaluation to ensure that service providers are meeting standards of service performance established by the department.
The Agency on Aging conduct onsite/remote monitoring visits to ensure that the contractor(s) are in compliance with all federal and State laws, regulations, policies, contracts or grant agreements (Administrative); Performance goals are achieved (Program); and Federal awards are used for authorized purposes (Fiscal). Comprehensive onsite/remote assessments are conducted at a minimum once every two years as resources permit.
B. Authorized State representatives and the Agency on Aging shall have the right to monitor and evaluate the Contractor’s administrative, fiscal and program performance pursuant to this Agreement. Said monitoring and evaluation may include, but is not limited to, administrative processes, fiscal, data and procurement components. This will include policies, procedures, procurement, audits, inspections of project premises, interviews of project staff and participants, and when applicable, inspection of food preparation sites.
Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
Area Plan Grant Award 49 FY 2026-2027
Terms and Conditions Declaration
C. The Contractor shall cooperate with the State and the Agency on Aging in the monitoring and evaluation processes, which include making any administrative, program and fiscal staff available during any scheduled process.
D. The Contractor shall monitor contracts and subcontracts to ensure compliance with laws, regulations, and the provisions of contracts that may have a direct and/or material effect on each of its Agency on Aging funded programs.
E. The Contractor is responsible for maintaining supporting documentation including financial and statistical records, contracts, subcontracts, monitoring reports, and all other pertinent records until an audit has occurred and an audit resolution has been issued or unless otherwise authorized in writing by CDA or the Agency on Aging.
F. Review, approve, and monitor its subcontractor budgets and expenditures and any subsequent amendments and revision to budgets, To the extent feasible, ensure that all budgeted funds are fully expended by the end of each fiscal year.
ARTICLE XIV. AUDIT REQUIREMENTS
A. General
1. Any duly authorized representative of the federal or State government, which includes but is not limited to the State Auditor, CDA Staff, the Agency on Aging, and any entity selected by the State to perform inspections, shall have the right to monitor and audit Contractor and all subcontractors providing services under this Agreement through on-site inspections, audits, and other applicable means the State determines necessary. In the event that CDA is informed of an audit by an outside federal or State government entity affecting the Contractor, CDA and/or the Agency on Aging will provide timely notice to the Contractor.
2. Contractor shall make available all reasonable information necessary to substantiate that expenditures under this agreement are allowable and allocable, including, but not limited to accounting records, vendor invoices, bank statements, cancelled checks, bank/credit card statements, contracts and agreements, employee time sheets, purchase orders, indirect cost allocation plans. Contractor shall agree to make such information available to the federal government, the State, the Agency on Aging, or any of their duly authorized representatives, including representatives of the entity selected by State to perform inspections, for examination, copying, or mechanical reproduction, on or off the premises of the appropriate entity upon a reasonable request.
3. All agreements entered into by Contractor and subcontractors with audit firms for purposes of conducting independent audits under this Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
Area Plan Grant Award 50 FY 2026-2027
Terms and Conditions Declaration
Agreement shall contain a clause permitting any duly authorized representative of the federal or State government and the Agency on Aging access to the supporting documentation of said audit firm(s).
4. The Contractor shall cooperate with and participate in any further audits which may be required by the State, including CDA and Agency on Aging fiscal and compliance audits.
B. CDA Fiscal and Compliance Audits
1. The CDA Audits and Risk Management Branch shall perform fiscal and compliance audits of Contractors in accordance with Generally Accepted Government Auditing Standards (GAGAS) to ensure compliance with applicable laws, regulations, grants, and contract requirements.
2. The CDA fiscal and compliance audits may include, but not be limited to, a review of:
a. Financial closeouts (2 CFR §200.1 and 45 CFR §75.2). b. Internal controls (2 CFR §200.303 and 45 CFR §75.303). c. Allocation of expenditures (2 CFR §200.1 and 45 CFR §75.2). d. Allowability of expenditures (2 CFR §200.403 and 45 CFR §75.403). e. Equipment expenditures and approvals, if required (2 CFR §200.439 and 45 CFR §75.439).
C. Contractor Single Audit Reporting Requirements
1. Contractors that expend $1,000,000 or more in federal funds shall arrange for an audit to be performed as required by the Single Audit Act of 1984, Public Law 98-502; the Single Audit Act Amendments of 1996, Public Law 104-156; 2 CFR §200.501 to 200.521; and 45 CFR §75.501 to
75.521. A copy shall be submitted to the Agency on Aging’s physical address:
Fresno-Madera Area Agency on Aging
2520 West Shaw Lane, Suite 101A
Fresno, CA 93711
2. The copy shall be submitted within thirty (30) days after receipt of the auditor’s report or nine (9) months after the end of the audit period, whichever occurs first, or unless a longer period is agreed to in advance by the cognizant or oversight agency.
3. For purposes of reporting, the Contractor shall ensure that State-funded expenditures are displayed discretely along with the related federal Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
Area Plan Grant Award 51 FY 2026-2027
Terms and Conditions Declaration
expenditures in the single audit report’s “Schedule of Expenditures of Federal Awards” (SEFA) under the appropriate Catalog of Federal Domestic Assistance (CFDA) number as referenced in Section L of this Article.
4. For State contracts that do not have CFDA numbers, the Contractor shall ensure that the State-funded expenditures are discretely identified in the “Schedule of Expenditures of Federal Awards” by the appropriate program name, identifying Agency on Aging grant/contract number, and as passed-through the California Department of Aging.
D. The Contractor shall perform a reconciliation of the “Financial Closeout Report” to the audited financial statements, single audit, and general ledgers. The reconciliation shall be maintained and made available for Agency on Aging and CDA review.
E. Contractor Resolution of Contractor’s Subrecipients
The Contractor shall have the responsibility for resolving its contracts with subcontractors to determine whether funds approved under this Agreement are expended in accordance with applicable laws, regulations, and provisions of contracts or agreements. The Contractor shall, at a minimum, perform Contract Resolution with fifteen (15) months of the “Financial Closeout Report.”
F. The Contractor shall ensure that subcontractor single audit reports meet 2 CFR §200 and 45 CFR §75, Subparts F-Audit Requirements.
G. Contract resolution includes:
1. Ensuring that subcontractors expending $750,000 or more in federal awards during the subcontractor’s fiscal year have met the audit requirements of 2 CFR §200.501-200.521 and 45 CFR §75.501-75.521.
2. Issuing a management decision on audit findings within six (6) months after receipt of the subcontractor’s single audit report and ensuring that the subcontractor takes appropriate and timely corrective action;
3. Reconciling expenditures reported to the Agency on Aging to the amounts identified in the single audit or other type of audit, if the Contractor was not subject to the single audit requirements. For a Contractor who was not required to obtain a single audit and did not obtain another type of audit, the reconciliation of expenditures reported to the Agency on Aging must be accomplished through performing alternative procedures (e.g., risk assessment [2 CFR §200.331 and 45 CFR §75.352]; documented review of financial statements; and documented expense verification, including match; etc.).
Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
Area Plan Grant Award 52 FY 2026-2027
Terms and Conditions Declaration
H. When alternative procedures are used, the Contractor shall perform financial management system testing which provides, in part, for the following:
1. Accurate, current, and complete disclosure of the financial results of each federal award or program.
2. Records that identify adequately the source and application of funds for each federally funded activity.
3. Effective control over, and accountability for, all funds, property, and other assets to ensure these items are used solely for authorized purposes.
4. Comparison of expenditures with budget amounts for each federal award.
5. Written procedures to implement the requirements of 2 CFR §200.305.
6. Written procedures for determining the allowability of costs in accordance with 2 CFR §200 and 45 CFR §75, Subparts E-Cost Principles. [2 CFR §200.302 and 45 CFR §75.302]
7. The Contractor shall document system and expense testing to show an acceptable level of reliability, including a review of actual source documents.
8. Determining whether the results of the reconciliations performed necessitate adjustment of the Contractor’s own records.
I. The Contractor shall ensure that subcontractor single audit reports meet 2 CFR §200 and 45 CFR §75, Subparts F – Audit Requirements:
1. Performed timely: Not less frequently than annually and a report submitted timely. The audit is required to be submitted within thirty (30) days after receipt of the auditor’s report or nine (9) months after the end of the audit period, whichever occurs first. [2 CFR §200.512 and 45 CFR §75.512]
2. Properly procured: Use procurement standards for auditor selection. [2 CFR §200.509 and 45 CFR §75.509]
3. Performed in accordance with Generally Accepted Government Auditing Standards. [2 CFR §200.514 and 45 CFR §75.514]
4. All inclusive: Includes an opinion (or disclaimer of opinion) of the financial statements; a report on internal control related to the financial statements and major programs; an opinion (or disclaimer of opinion) on compliance with laws, regulations, and the provisions of contracts; and the schedule of findings and questioned costs. [2 CFR §200.515 and 45 CFR §75.515] Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
Area Plan Grant Award 53 FY 2026-2027
Terms and Conditions Declaration
5. Performed in accordance with provisions applicable to this program as identified in 2 CFR §200, and 45 CFR §75, Subpart F-Audit Requirements.
J. Requirements identified in this Article shall be included in Contractor’s contracts with Subcontractors. Further, the Contractor shall be required to include in its contract with the independent auditor that the auditor will comply with all applicable audit requirements/standards; Agency on Aging shall have access to all audit reports and supporting work papers, and Agency on Aging has the option to perform additional work, as needed.
K. The Contractor shall prepare a summary worksheet of results from the contract resolutions performed of all subcontractors. The summary worksheet shall include, but not limited to contract amounts; amounts resolved; amounts of match verified, resolution of variances; recovered amounts; whether an audit was relied upon or the contractor performed an independent expense verification review (alternative procedures) of the Contractor/Subcontractor in making a determination; whether audit findings were issued; an if applicable, issuance date of the management letter; and any communication or follow-up performed to resolve the findings.
L. A reasonably proportionate share of the costs of audits required by, and performed in accordance with the Single Audit Act Amendments of 1996, as implemented by requirements of this part, are allowable. However, the following audit costs are unallowable:
1. Any costs when audits required by the Single Audit Act, 2 CFR §200 and 45 CFR §75, Subparts F – Audit Requirements have not been conducted or have been conducted but not in accordance therewith; and
2. Any costs of auditing a non-federal entity that is exempted from having an audit conducted under the Single Audit Act, 2 CFR §200 and 45 CFR §75, Subparts F – Audit Requirements because its expenditures under federal awards are less than $750,000 during the non-federal entity’s fiscal year. a. The costs of a financial statement audit of a non-federal entity that does not currently have a federal award may be included in the indirect cost pool for a cost allocation plan or indirect cost proposal. b. Pass-through entities may charge federal awards for the cost of agreed-upon-procedures engagements to monitor subcontractors who are exempted from the requirements of the Single Audit Act, 2 CFR §200 and 45 CFR §75, Subparts F – Audit Requirements. This cost is allowable only if the agreed-upon-procedures engagements are conducted in accordance with Generally Accepted Government Auditing Standards (GAGAS) attestation standards, paid for and arranged by the pass-through entity, and limited in scope to one or more of the following types of compliance requirements: Activities Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
Area Plan Grant Award 54 FY 2026-2027
Terms and Conditions Declaration
allowed or not allowed; allowable costs/cost principles; eligibility; and reporting. [2 CFR 200.425]
M. This Section B applies only to Title III and Title VII.
The following closely related programs identified by CFDA number are to be considered as an “other cluster” for purposes of determining major programs or whether a program-specific audit may be elected. The Contractor shall identify the CFDA titles and numbers to the independent auditor conducting the organization’s single audit along with each of its subcontractors. The funding source (Federal Grantor) for the following programs is the U.S.
Department of Health and Human Services, Administration for Community Living.
93.041 Special Programs for the Aging – Title VII-A, Chapter 3 – Programs for Prevention of Elder Abuse, Neglect, and Exploitation (Title VII-A, Chapter 3)
93.042 Special Programs for the Aging – VII-A, Chapter 2 – Long Term Care Ombudsman Services for Older Individuals Title VII-A, Chapter 2)
93.043 Special Programs for the Aging – Title III, Part D – Disease Prevention and Health Promotion Services (Title III D)
93.044 Special Programs for the Aging – Title III, Part B – Grants for Supportive Services and Senior Centers (Title III B)
93.045 Special Programs for the Aging – Title III, Part C – Nutrition Services (Title III C)
93.052 National Family Caregiver Support Program – Title III, Part E (Title III E)
93.053 Nutrition Services Incentive Program (NSIP)
“Cluster of programs” means a grouping of closely related programs that share common compliance requirements. The types of clusters of programs are research and development, student financial aid, and other clusters. “Other clusters” are defined by the consolidated CFR in the Compliance Supplement or as designated by a state for federal awards provided to its subcontractors that meet the definition of “cluster of programs.” When designating an “other cluster,” a state shall identify the federal awards included in the cluster and advise the subcontractors of compliance requirements applicable to the cluster. A “cluster of programs” shall be considered as one program for determining major programs, as described in 45 CFR §75.525(a), whether a program-specific audit may be elected. (Federal Office of Management and Budget, [45 CFR §75 Requirements], Audits of States, Local Governments [45 Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
Area Plan Grant Award 55 FY 2026-2027
Terms and Conditions Declaration
CFR §75 Appendix V to Part 75 F.1], and Non-Profit Organizations [45 CFR §75 Appendix IV to Part 75 C.2.a])
N. The Contractor must indicate which method of providing audit compliance will be in force during this Agreement (Appendix D, Method of Providing Audit Compliance).
ARTICLE XV. INSURANCE
A. Prior to commencement of any work under this Agreement, the Contractor shall provide for the term of this Agreement, the following insurance:
1. General Liability of not less than $1,000,000 per occurrence for bodily injury and property damage combined (higher limits may be required by the Agency on Aging in cases of higher than usual risks).
2. Automobile Liability, including non-owned automobile liability, of not less than $1,000,000 for volunteers and paid employees providing services supported by this Agreement.
If applicable, or unless otherwise amended by future regulation, the Contractor and subcontractors shall comply with the Public Utilities Commission General Order No. 115-G which requires higher levels of insurance for charter-party carriers of passengers and is based on seating capacity as follows:
• $ 750,000 if seating capacity is under 8.
• $1,500,000 if seating capacity is 8–15.
• $5,000,000 if seating capacity is over 15.
3. Professional Liability of not less than $1,000,000 as it appropriately relates to services rendered. Coverage shall include medical malpractice and/or errors and omissions. (All programs except Title V).
B.
The insurance will be obtained from an insurance company acceptable to the State Department of General Services, Office of Risk and Insurance Management, or be provided through partial or total self-insurance acceptable to the State Department of General Services (DGS).
C. Evidence of insurance shall be in a form and content acceptable to the State Department of General Services, Office of Risk and Insurance Management.
D The Contractor shall notify the Agency on Aging within five (5) business days of any cancellation, non-renewal, or material change that affects required insurance coverage.
E. Insurance obtained through commercial carriers shall meet the following requirements:
Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
Area Plan Grant Award 56 FY 2026-2027
Terms and Conditions Declaration
1. The Certificate of Insurance shall include the Contract Number listed on page 1 of this Agreement and provide the statement:
“The Fresno-Madera Area Agency on Aging, its officers, agents, employees, and servants are included as additional insureds, with respect to work performed for the Fresno-Madera Area Agency on Aging under this Agreement.”
Professional Liability coverage is exempt from this requirement.
2. The Fresno-Madera Area Agency on Aging shall be named as the certificate holder and its physical address (2520 West Shaw Lane, Suite 101A, Fresno, CA 93711) must be listed on the certificate.
F. The insurance provided herein shall be in effect at all times during the term of this Agreement. In the event the insurance coverage expires during the term of this Agreement, the Contractor agrees to provide the Agency on Aging, at least thirty (30) days prior to the expiration date, a new Certificate of Insurance evidencing insurance coverage as provided herein for a period not less than the remaining Agreement term or for a period not less than one (1) year. In the event the Contractor fails to keep in effect at all times said insurance coverage, the Agency on Aging may, in addition to any other remedies it may have, terminate this Agreement.
G. A copy of each appropriate Certificate of Insurance, or letter of self-insurance, referencing this Agreement number shall be submitted to the Agency on Aging with this Agreement.
H. The Contractor shall be insured against liability for Worker’s Compensation, or undertake self-insurance in accordance with the provisions of the California Labor Code and Contractor affirms to comply with such provisions before commencing the performance of the work of this Agreement. [Cal. Labor Code §3700]
I. The entity providing Ombudsman services must be insured or self-insured for professional liability covering all Ombudsman activities including, but not limited to, investigation of patient complaints.
J. Contractor agrees to indemnify, defend, and save harmless the Fresno- Madera Area Agency on Aging, State of California, their officers, agents, and employees from any and all claims and losses occurring or resulting to any and all contractors, subcontractors, material, laborers, and any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of this Agreement, and also from any and all claims and losses occurring or resulting in any person, firm or corporation, who may be injured or damaged by the Contractor in the performance of this Agreement.
Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
Area Plan Grant Award 57 FY 2026-2027
Terms and Conditions Declaration
ARTICLE XVI. DONATIONS
A. The Contractor assures that voluntary contributions shall be allowed and may be solicited in accordance with the following requirements [OAA §315(b)]:
1. The Contractor or any subcontractors for any Title III or Title VII-A services shall not use means tests.
2. Any Title III or Title VII-A client who does not contribute toward the cost of the services received shall not be denied services.
3. Methods used to solicit voluntary contributions for Title III and Title VII-A services shall be non-coercive. Donation letters sent to clients shall stipulate that contributions are voluntary and not required to receive service. Donation letters may not resemble a bill or statement.
4. Each Contractor will:
a. Provide each recipient with an opportunity to voluntarily contribute to the cost of the service;
b. Clearly inform each recipient that there is no obligation to contribute and that the contribution is purely voluntary;
c. Protect the privacy and confidentiality of each recipient with respect to the recipient’s contribution or lack of contribution; and d. Establish appropriate procedures to safeguard and account for all contributions.
e. Use all collected contributions to expand the services for which the contributions were given and to supplement (not supplant) funds received under this Agreement.
ARTICLE XVII. TERMINATION
A. Termination Without Cause
1. The Agency on Aging may terminate performance of work under this Agreement at any time during the Agreement term, without cause in whole or in part, if the Agency on Aging determines that a termination is in the Agency on Aging’s best interest, upon ninety (90) days written notice to the Contractor. The Notice of Termination shall specify the extent of the termination and shall be effective ninety (90) days from the delivery of the Notice.
The Agency on Aging may, at its discretion, decline to negotiate additional one-year Agreement periods with the Contractor beyond the initial one-year contract award term, or, as a result of the Request for Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
Area Plan Grant Award 58 FY 2026-2027
Terms and Conditions Declaration
Proposal process, reject the Contractor’s proposal for provision of service beyond the term of this Agreement; in such cases, the Agency on Aging shall provide a minimum of thirty (30) days written notice to the Contractor of non-renewal or non-award of the contract, effective on the last day of the term of this Agreement.
The parties agree that if the termination of the contract is due to a reduction or deletion of funding by the Department of Finance (DOF), Legislature, or Congress, the Notice of Termination shall be effective thirty (30) days from the delivery of the Notice from the State of California to the Agency on Aging.
The parties agree that for the terminated portion of the Agreement, the remainder of Agreement shall be deemed to remain in effect and is not void.
2. The Contractor may terminate this Agreement at any time during the Agreement term by giving the Agency on Aging ninety (90) days written notice. In the event of termination notice, the Agency on Aging will present written notice to the Contractor of any condition, such as, but not limited to, transfer of clients, care of clients, return of unspent funds, and disposition of property, which must be met prior to termination of the Agreement.
3. Contractor shall, at least ninety (90) days prior to the end of the term of this Agreement, give written notice to the Agency on Aging if it intends to discontinue provision of any programs or services included in this Agreement during the subsequent Agreement period. The purpose of this requirement is to provide sufficient planning and transition time during the course of this Agreement period to ensure continuity of services to clients.
B. Termination for Cause
1. The Agency on Aging may terminate, in whole or in part, for cause the performance of work under this Agreement. Agency on Aging mat terminate this agreement upon thirty (30) days written notice to the Contractor. The Notice of Termination shall be effective thirty (30) days from the delivery of the Notice of Termination unless the grounds for termination are due to threat to life, health or safety of the public and in that case, the termination shall take effect immediately. The Contractor shall submit to the Agency on Aging a Transition Plan as specified in this agreement. The grounds for termination for cause shall include, but are not limited to, the following:
a. In case of threat of life, health, or safety to the public, termination of the agreement shall be effective immediately.
Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
Area Plan Grant Award 59 FY 2026-2027
Terms and Conditions Declaration
b. A violation of the law or failure to comply with any condition of this Agreement.
c. Inadequate performance or failure to make progress so as to endanger performance of this Agreement.
d. Failure to comply with reporting requirements.
e. Evidence that the Contractor is in an unsatisfactory financial condition as determined by an audit of the Contractor or evidence of a financial condition that endangers performance of this Agreement and/or the loss of other funding sources.
f. Delinquency in payment of taxes or payment of costs for performance of this Agreement in the ordinary course of business. g. Appointment of a trustee, receiver, or liquidator for all or a substantial part of the Contractor’s property, or institution of bankruptcy, reorganization or the arrangement of liquidation proceedings by or against the Contractor.
h. Service of any writ of attachment, levy of execution, or commencement of garnishment proceedings against the
Contractor’s assets or income.
i. The commission of an act of bankruptcy.
j. Finding of debarment or suspension.
k. The Contractor’s organizational structure has materially changed. l. The Agency on Aging determines that the Contractor may be considered a “high risk” agency as described in 2 CFR 200.205 AND 45 CFR 75.205. If such a determination is made, the Contractor may be subject to special conditions or restrictions, as described in Appendix F, Sanction Policy.
m. Program operations have been suspended for more than three (3) consecutive months in any budget year, unless a longer period is granted in writing by the Agency on Aging.
2. Termination of this Agreement shall take effect immediately in the case of an emergency, such as threat to life, health, or safety of the public, or when program operations have been suspended for more than three (3) consecutive months in any budget year. In all other cases of termination for cause, the termination shall take effect thirty (30) days subsequent to written notice to the Contractor.
Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
Area Plan Grant Award 60 FY 2026-2027
Terms and Conditions Declaration
3. In the event of termination for cause, the Agency on Aging may proceed with the work in any manner deemed proper by the State. All costs to the Agency on Aging shall be deducted from any sum due the Contractor under this agreement and the balance, if any, shall be paid to the Contractor upon demand.
C. In the event of termination of this Agreement by the Agency on Aging, the Agency will present written notice to the Contractor describing the action being taken by the Agency on Aging, the reason for such action, and any conditions of the termination, including, but not limited to, the date of termination, transfer of clients, care of clients, return of unspent funds, and disposition of property, which must be met prior to termination. Said notice shall also inform the Contractor of its right to appeal such decision to the Agency on Aging and of the procedure for doing so. (Appendix G, Appeal Procedure for Service Providers)
D. Contractor’s Obligation After Notice of Termination
1. After receipt of a notice of termination, and except as directed by the Agency on Aging, the Contractor shall immediately proceed with the following obligations, as applicable, regardless of any delay in determining or adjusting any funds due under this clause.
The Contractor shall:
a. Stop work as specified in the Notice of Termination; b. Place no further subcontracts for materials, or services, except as necessary to complete the continued portion of the contract; c. Terminate all subcontracts to the extent they relate to the work terminated;
d. Settle all outstanding liabilities and termination settlement proposals arising from the termination of subcontracts (the approval or ratification of which will be final for purposes of this clause); and e. Comply with all additional terms of this Agreement pertaining to termination or cancellation of the Agreement.
ARTICLE XVIII. REMEDIES AND APPEAL PROCESS
A. The Contractor agrees that any remedy provided in this Agreement is in addition to and not in derogation of any other legal or equitable remedy available to the Agency on Aging as a result of a breach of this Agreement by the Contractor, whether such breach occurs before or after completion of the project. Specifically, the Agency on Aging reserves the right to pursue all remedies allowed to it under the Older Americans Act, and all regulations Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
Area Plan Grant Award 61 FY 2026-2027
Terms and Conditions Declaration
adopted pursuant to the Act or implementing the Act, regarding the expenditure of federal funds.
B. The Contractor may appeal an adverse determination by the Agency on Aging using the Appeal Procedure for Service Providers, which is set forth in Appendix G, for actions subject to appeal, as defined in Appendix G, Section I.A, Actions Subject to Appeal.
C. The Contractor may appeal the Agency on Aging’s final adverse determination once all administrative remedies contained in Appendix G, Appeal Procedure for Service Providers, have been exhausted, using the appeal process established in Title 22 CCR §7700 to 7710.
D. The Contractor shall continue with the responsibilities under this Agreement during any dispute.
E. Appeal costs or costs associated with any court review are not reimbursable.
ARTICLE XIX. AMENDMENTS, REVISIONS OR MODIFICATIONS
A. No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed, and approved by both parties; the Agency on Aging, and by a duly authorized representative of the Contractor. No oral understanding or agreement not incorporated in this Agreement is binding on any of the parties.
B. Any provision of this Agreement which conflicts with current or future applicable federal or state laws is hereby amended to conform to the provisions of those laws. Such amendment of this Agreement shall be effective on the effective date of the laws necessitating it and shall be binding on the parties even though such amendment may not have been reduced in writing and formally agreed upon and executed by the parties.
C. Failure by the contractor to take necessary actions required by amendments to this agreement shall constitute a material violation. An amendment is required to change the Contractor’s name as listed on this Agreement. Any notice given to the Agency on Aging for a Contractor’s change of legal name, main address, or name of Director shall be addressed to the Fresno-Madera Agency on Aging’s Executive Director and/or Program Director on the Contractor’s letterhead. Upon receipt of legal documentation of the name change, the Agency on Aging will process the amendment. Invoices presented by the Contractor with the Contractor’s new name cannot be paid prior to the Agency on Aging’s approval of said amendment.
D. The Agency on Aging reserves the right to revise, waive, or modify the Agreement to reflect any restrictions, limitations, or conditions enacted by Congress or the Legislature or as directed by the Executive Branch and State government.
Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
Area Plan Grant Award 62 FY 2026-2027
Terms and Conditions Declaration
ARTICLE XX. NOTICES
A. Any notice to be given hereunder by either party to the other may be affected by personal delivery in writing or by registered or certified mail, overnight mail, postage prepaid, return receipt requested, provided the Contractor retains receipt, and shall be communicated of actual receipt.
B. Notices to the Agency on Aging shall be addressed to the Fresno-Madera Area Agency on Aging at its current physical address, 2520 West Shaw Lane, Suite 101A, Fresno, CA 93711, and notices to the Contractor shall be addressed to the Contractor’s address as indicated on page 1 of this Agreement, unless otherwise requested in writing.
C. Each party may change its address originally provided in this Agreement by written notice to the other party in accordance with this Article.
Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
APPENDIX A
RESOLUTION OF AUTHORIZATION TO CONTRACT
Resolution of Appendix A FY 2026-2027
Authorization to Contract
The governing board of
(Service Provider)
hereby authorizes
(Name and Title)
to execute the contract(s) listed on Page 1 of this Agreement with the Fresno - Madera Area Agency on Aging for the fiscal year beginning July 1, 2026, to June 30, 2027, including any subsequent amendments and all necessary supporting documents.
Name of Chair (Please Print)
Governing Board
Signature of Chair
Governing Board
Date
Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
APPENDIX B
CONTRACTOR CERTIFICATION CLAUSES
Contractor Certification Appendix B – Page 1 FY 2026-2027 Clauses
CERTIFICATION
I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective Contractor to the clause(s) listed below. This certification is made under the laws of the State of California.
Contractor/Vendor Name (Typed) Federal ID Number Contractor Unique Entity ID
Authorized Signature Date Executed
Name and Title of Person Signing (Typed)
CONTRACTOR CERTIFICATION CLAUSES Source: State of California CCC 04/2017
1. STATEMENT OF COMPLIANCE: Contractor has, unless exempted, complied with the nondiscrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section 11102) (Not applicable to public entities.)
2. DRUG-FREE WORKPLACE REQUIREMENTS: Contractor will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
1) the dangers of drug abuse in the workplace;
2) the person's or organization's policy of maintaining a drug-free workplace; 3) any available counseling, rehabilitation and employee assistance programs; and, 4) penalties that may be imposed upon employees for drug abuse violations. c. Every employee who works on the proposed Agreement will:
1) receive a copy of the company's drug-free workplace policy statement; and, 2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement.
Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Contractor may be ineligible for award of any future State and Fresno-Madera Area Agency on Aging agreements if the department Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
APPENDIX B
CONTRACTOR CERTIFICATION CLAUSES
Contractor Certification Appendix B – Page 2 FY 2026-2027 Clauses
determines that any of the following has occurred: the Contractor has made false certification, or violated the certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et seq.)
3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against Contractor within the immediately preceding two-year period because of Contractor's failure to comply with an order of a Federal court, which orders Contractor to comply with an order of the National Labor Relations Board. (Pub. Contract Code §10296) (Not applicable to public entities.)
4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO REQUIREMENT: Contractor hereby certifies that Contractor will comply with the requirements of Section 6072 of the Business and Professions Code, effective January 1, 2003.
Contractor agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services during each year of the contract equal to the lessor of 30 multiplied by the number of full-time attorneys in the firm’s offices in the State, with the number of hours prorated on an actual day basis for any contract period of less than a full year or 10% of its contract with the State.
Failure to make a good faith effort may be cause for non-renewal of a state contract for legal services, and may be taken into account when determining the award of future contracts with the State and the Fresno-Madera Area Agency on Aging for legal services.
5. EXPATRIATE CORPORATIONS: Contractor hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the State of California.
6. SWEATFREE CODE OF CONDUCT:
a. All Contractors contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The contractor further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108.
b. The contractor agrees to cooperate fully in providing reasonable access to the contractor’s records, documents, agents or employees, or premises if reasonably required by authorized officials of the contracting agency, the Department of Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
APPENDIX B
CONTRACTOR CERTIFICATION CLAUSES
Contractor Certification Appendix B – Page 3 FY 2026-2027 Clauses
Industrial Relations, or the Department of Justice to determine the contractor’s compliance with the requirements under paragraph (a).
7. DOMESTIC PARTNERS: For contracts of $100,000 or more, Contractor certifies that Contractor is in compliance with Public Contract Code section 10295.3.
8. GENDER IDENTITY: For contracts of $100,000 or more, Contractor certifies that Contractor is in compliance with Public Contract Code section 10295.35.
DOING BUSINESS WITH THE STATE OF CALIFORNIA
The following laws apply to persons or entities doing business with the State of California.
1. CONFLICT OF INTEREST: Contractor needs to be aware of the following provisions regarding current or former state employees. If Contractor has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification.
Current State Employees (Pub. Contract Code §10410):
1) No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment. 2) No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services.
Former State Employees (Pub. Contract Code §10411):
1) For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency.
2) For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service.
If Contractor violates any provisions of above paragraphs, such action by Contractor shall render this Agreement void. (Pub. Contract Code §10420) Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub. Contract Code §10430 (e))
2. LABOR CODE/WORKERS' COMPENSATION: Contractor needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
APPENDIX B
CONTRACTOR CERTIFICATION CLAUSES
Contractor Certification Appendix B – Page 4 FY 2026-2027 Clauses
Contractor affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700)
3. AMERICANS WITH DISABILITIES ACT: Contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)
4. CONTRACTOR NAME CHANGE: An amendment is required to change the Contractor's name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment.
5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:
a. When agreements are to be performed in the state by corporations, the contracting agencies will be verifying that the contractor is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled. b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will a corporate contractor performing within the state not be subject to the franchise tax.
c. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California.
Agencies will determine whether a corporation is in good standing by calling the Office of the Secretary of State.
6. RESOLUTION: A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement.
7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Contractor shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.
8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all contractors that are not another state agency or other governmental entity.
Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
APPENDIX C
INFORMATION INTEGRITY AND SECURITY STATEMENT
Information Integrity and Appendi x C – Page 1 FY 2026-2027 Security Statement
In compliance with California Government Code Section 11019.9, California Civil Code Section 1798 et seq., Department of General Services Management Memo 06- 12, and Statewide Information Management Manual (SIMM) 5300 the California Department of Aging (CDA) hereby requires the Contractor/Vendor/Provider to:
ACKNOW
LEDGE:
• Any
wrongful access, inspection, use, or disclosure of Personal, Confidential or Sensitive Information (PSCI) is a crime and is prohibited under state and federal laws, including but not limited to California Penal Code Section 502, California Government Code Section 15619, California Civil Code Section 1798.53 and 1798.55, and the Health Insurance Portability and Accountability Act. Acknowledge. • Any wrongful access, inspection, use, disclosure, or modification of PSCI information may result in termination of this Contract/Agreement.
MEET
THE FOLLOWING REQUIREMENTS:
• PS
CI information shall be protected from disclosure in accordance with all applicable laws, regulations, and policies.
• PSCI data be protected by authorized access using the principles of least privilege. • Any occurrence that actually or potentially jeopardizes the confidentiality, integrity, or availability of an information system or the information the system processes, stores, or transmits or that constitutes a violation or imminent threat of violation of security policies, security procedures or acceptable use policies will immediately be reported to CDA by completing a Security Incident Report CDA (1025A and 1025B). • All access codes which allow access to confidential information will be properly safeguarded.
• Obligations to protect PSCI information obtained under this Contract/Agreement will continue after termination of the Contract/Agreement with CDA. • All employees/subcontractors of the Contractor/Vendor/Provider will complete the required Security Awareness Training module located at
https://aging.ca.gov/Information_security/ within 30 days of the start date of the Contract/Agreement or within 30 days of the start date of any new employee or subcontractor. This training must be completed annually. • All employees/subcontractors of the Contractor/Vendor/Provider must comply with CDA’s confidentiality and data security requirements as outlined in the Contract/Agreement.
Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
APPENDIX C
INFORMATION INTEGRITY AND SECURITY STATEMENT
Information Integrity and Appendix C – Page 2 FY 2026-2027 Security Statement
• All employees/subcontractors of the Contract/Vendor/Provider must comply with the Area Plan Terms and Conditions Agreement, Article V, Section H, Information Confidentiality and Security requirements as outlined in the contract.
CERTIFY:
To protect P
SCI information by:
• Accessi
ng, inspecting, using, disclosing or modifying PSCI information only for the purpose of performing official duties.
• Never accessing, inspecting, using, disclosing, or modifying PSCI information for curiosity, personal gain, or any non-business-related reason. • Securing PSCI information in approved locations.
• Never removing PSCI information from the work site without authorization.
Meets the encryption requirements in Article V, Section H of the Area Plan Terms and Conditions Agreement:
________ Is in full complianc e with the 128 Encryption requirements ________ Is not in compliance with the 128 Encryption requirements and will
achieve compliance by ____________________
I hereby certif
y that I have reviewed this Confidentiality Statement and will comply with the above statements.
Provider Printed Name and Title
Provider Signature Date
Program Name Contract Number
Title III C1 - Elderly Nutrition Site Management 27-0051 - City of Clovis Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
APPENDIX D
METHOD OF PROVIDING AUDIT COMPLIANCE
Method of Providing Appendix D FY 2026-2027
Audit Compliance
The ser
vice provider shall indicate which method of providing audit compliance to the Fresno-Madera Area Agency on Aging (Agency on Aging) will be in force during this Agreement.
1. Review Article XIV of this Agreement (Audit Requirements).
2. Place an X in the appropriate box below:
An independent audit shall be performed in accordance with the requirements of 2 CFR §200, Subpart F - Audit Requirements, and 45 CFR §75, Subpart F - Audit Requirements, and a copy submitted to the Agency on Aging.
An independent audit shall be performed and a copy submitted to the Agency on Aging.
All supporting documentation shall be submitted to the Agency on Aging for review along with any request for reimbursement.
Ent
er Fiscal Year Ending Date
Month
June
Day
30 Year
2027
Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
APPENDIX E
REQUIRED REPORTS AND DUE DATES
Required Reports & Due Dates Appendix E – Page 1 FY 2026-2027 Fiscal Reports
*Expenditure Reports by Program
T
itle III B, Title III C, Title III D, and Title VII Programs Due 15th of each month • Monthly Report of Expenditures and
Donations Revenue
Ti
tle III E Family Caregiver Support Program Due 15th of each month • Title III E Monthly Report of Expenditures
Health Insurance Counseling and Advocacy Program Due 15th of each month • HICAP Monthly Report of Expenditure/Request for Funds (CDA 245) Long
-Term Care Ombudsman Program Due 15th of each month
• Budget Summary/Monthly Expenditure Report & Request for Funds, Special Deposit Fund & Skilled Nursing Facility Quality and Accountability Fund (CDA-OMB-300) * P ayments are made by the last day of the month for accurate expenditure reports received by the due dat
e. Late or inaccurate expenditure report submissions will result in delay of payment s until reporting r
equirements have been met.
A
dditional Fiscal Reports – All Programs
• Fi
nal Budget Revisions
o Due by March 15th
• A
nnual Financial Close Out Report and FMAAA 32, Fixed Assets Acquired through Grants with the Fresno-Madera Area Agency on Aging
o Due by July 15th with exception of HICAP
HICAP Financial Closeout Report for federal and State funds from April 1- March 31 due by April 30th
• C
opy of Audit, as required by contract
o Due within 30 days after receipt of auditor’s report, or nine months after end of audit period, whichever is earliest
• Request to Dispose of Property (FMAAA 248)
o Due within 5 days of the loss, destruction, or theft of property, or if the property will no longer be used for the contracted program
Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
APPENDIX E
REQUIRED REPORTS AND DUE DATES
Required Reports & Due Dates Appendix E – Page 2 FY 2026-2027 Program Reports
Monthly Service Unit Report (Form 186M)
Due 7th working day of month:
• Title III D Health Promotion – Evidence-Based
• Title III E Family Caregiver Support Program
• Title VII (b) Elder Abuse Prevention, Education, & Training Due 15th of each month:
• Health Insurance Counseling and Advocacy Program (HICAP) o Attach final version of HICAP Performance Measures and Benchmark Report generated from SHARP system for reporting month
Due 17th of month:
• Title III B Legal Assistance
*Monthly Title III C Elderly Nutrition Program Reports
Due 7th working day of month:
• Q Monthly Service Roster with client signatures and a “1” entered for in date column for each meal served
• Daily Sign-In Sheets with initials entered by client for each meal • Associated Client Intake Forms (originals; must be completed each new fiscal year) • Client Deactivation Request
• Nutrition Volunteer Summary Report
• Food Preparation Center Food Service Check Sheet
*See Policy and Procedure Manual, provided to Site Coordinator, for full instructions.
Quarterly Reports
Due 15th of month following reporting period:
• Title VII (b) Elder Abuse Prevention Quarterly Activity Report (CDA 1037) • Due 17th of month following reporting period:
• Title III B California Legal Services Quarterly Client and Case Data Export Excel Files Due 30th of month following reporting period:
• Long-Term Care Ombudsman Program
o Copy of completed Quarterly Ombudsman Reporting Form (OSLTCO S301) as submitted to the California Department of Aging
Attach program performance data from the Ombudsman Data Integration Network for July 1st through last day of reporting quarter.
Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
APPENDIX F
FRESNO-MADERA AREA AGENCY ON AGING SANCTION POLICY
Sanction Policy Appendix F – Page 1 FY 2026-2027
I. At-Risk Designation
Title 45 of the Code of Federal Regulations (45 CFR), sections 75.205 and
92.12, defines factors that determine if an Agreement with a Contractor is at risk. In accordance with 45 CFR, the F resno-Madera Area Agency on Aging (Agency on Aging) may consider an Agreement with a Contractor to be at -risk if the Agency on Aging determines that the Contractor:
A. Has a history of unsatisfactory performance, for which examples include, but are not limited to:
1. Grant funds are not obligated properly, are not disbursed, or are not spent for the contracted purpose;
2. Financial reports do not include program income and the required match of funds;
3. The quantity of service units provided is less than 95% of the projected level at any time following the third month of the Agreement period;
4. The Targeting Plan is not implemented as described in the Program Narrative section of the Agreement;
5. Complaints received from clients, their caretakers, or the general public indicate that the Contractor is not providing the contracted service at a satisfactory level.
B. Is not financially stable;
C. Has a management system which does not meet the management standards set forth in Article VI, Section B, Accountability for Funds , of this Agreement;
D. Has not conformed to terms and conditions of previous awards; or E. Is otherwise not responsible, for which examples include, but are not limited, to:
1. Financial or program reports are late, incorrect, or incomplete;
2. Responses to corrective actions requested by the Agency on Aging are not provided by the due date;
3. Corrective action plans are not implemented by the due date;
4. Findings from a prior contract monitoring are repeated in a subsequent monitoring;
Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
Sanction Policy Appendix F – Page 2 FY 2026-2027
5. Failure to respond to telephone or written communications from the Agency on Aging in a timely manner; or
6. A violation of the law or failure to comply with any condition of this Agreement.
II. Sanctions
The Agency on Aging may impose sanctions (special conditions and/or restrictions) on the Contractor that correspond to the at -risk condition. Such sanctions may include:
A. Withholding of funds;
B. Requiring additional, more detailed, and/or more frequent financial and/or program reports;
C. Requiring preparation and implementation of an acceptable corrective action plan;
D. Additional contract monitoring;
E. Requiring the Contractor to obtain technical or management assistance; F. Establishing additional prior approvals; and/or
G. Withholding authority to continue provision of service within a given funding period.
Sanctions may be imposed upon approval by the Executive Director of the Agency on Aging, with the exception of Item II.G above, which requires approval by the Agency on Aging Governing Board.
For sanctions identified in Items II.A through II.F above, the Agency on Aging will promptly remove sanctions once the conditions that prompted them have been corrected.
For the sanction identified in Item II.G above, the sanction will be removed when the Contractor takes corrective action satisfactory to the Agency on Aging and/or the Contractor has been restored to satisfactory status in accordance with the terms and conditions of this Agreement.
III. Notification to Provider
The Agency on Aging will provide written notification to the Contractor of any sanctions imposed via certified or overnight mail, return receipt requested. Such notification will include:
Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
Sanction Policy Appendix F – Page 3 FY 2026-2027
A. The nature of the sanctions;
B. The reason(s) for imposing them;
C. The effective date of the sanctions;
D. The legal or contractual citation upon which the sanction is based; E. The corrective actions which must be taken before they will be removed and the time allowed for completing the corrective actions; and F. The Agency on Aging’s appeal procedure for service providers.
IV. Unresolved At-Risk Condition(s)
Should the at -risk condition(s) remain unresolved following the imposition of sanctions, the Agency on Aging may proceed to terminate the Agreement with the Contractor, in accordance with the Termination section of this Agreement (Article XVII , Title III and Title VI Area Plan Contracts; Article XVI, Health Insurance Counseling and Advocacy Program Contract).
Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
APPENDIX G
FRESNO-MADERA AREA AGENCY ON AGING
APPEAL PROCEDURE FOR SERVICE PROVIDERS
Appeal Procedure Appendix G – Page 1 FY 2026-2027
for Service Providers
I. Actions Subject to Appeal
A. A contracted or potential provider of service (service provider) has the right to appeal an adverse determination made by the Fresno- Madera Area Agency on Aging (Agency on Aging). The actions below shall be considered adverse determinations that are subject to appeal [Title 22 CCR §7704 (c)(1) – (c)(3)(C)]:
1. A
reduction in the level of funding to an existing Contractor during an Agreement period; however, a reduction directly attributable to a reduction in the funding to the Area Agency on Aging by the State or federal government shall not be considered an adverse determination.
2. A cancellation or t ermination of an existing Agreement with the Contractor prior to the Agreement’s expiration date.
3. Denial of an application to provide services when any of the following exist:
a) The presence of a conflict of interest, real or apparent, as specified in 45 CFR 92.36(b)(3);
b) The occurrence of a procedural error or omission, such as the failure of the Agency on Aging to include a federal mandate in its solicitation request;
c) The lack of substantial evidence to support the Agency on Aging’s action.
II. M
ethod of Notification
A. T
he service provider shall provide notification of appeals, and the Agency on Aging shall provide notification of subsequent appeals determinations, by certified or overnight mail, return receipt requested.
B. N
otices to the Agency on Aging shall be addressed to the Fresno- Madera Area Agency on Aging, 2037 W. Bullard Ave., #512, Fresno, CA 93711.
Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
Appeal Procedure Appendix G – Page 2 FY 2026-2027
for Service Providers
C. The Agency on Aging shall transmit notification to the address listed on the service provider’s appeal; if this address differs from the address listed on page 1 of the service provider’s Agreement with the Agency on Aging, the Agency on Aging shall transmit a copy of the notification to the address contained on page 1 of the Agreement.
D. T
he Agency on Aging shall include a copy of this Appeal Procedure for Service Providers with all notifications to service providers of adverse appeals determinations.
III. P
rocess
A. T
he service provider shall give notice of intent to appeal to the Executive Director of the Agency on Aging within ten (10) business days of the Agency on Aging’s notice of adverse determination. The notice of intent to appeal shall be in writing, must state the specific grounds upon which the action by the Agency on Aging is appealed, and must be accompanied by all supporting documents.
B. T
he Executive Director of the Agency on Aging shall investigate the appeal and issue a written determination to the service provider within fifteen (15) business days of receipt of the appeal. The determination shall set forth the Agency on Aging’s position and specify applicable sections of the service provider’s Agreement with the Agency on Aging, government regulations, government statutes, or other provisions relied upon.
C. I
f the service provider is dissatisfied with the Agency on Aging Executive Director’s determination, the service provider may appeal to the Executive Committee of the Agency on Aging Governing Board within ten (10) business days of the date of the Agency on Aging Executive Director’s written determination. The appeal shall be in writing, shall specify the grounds upon which the determination is appealed, and must be accompanied by all supporting documents.
D. T
he Executive Committee of the Agency on Aging Governing Board (Executive Committee) shall, within fifteen (15) business days of receipt of the service provider’s appeal:
1. R
eview the service provider’s appeal, considering any additional evidence or documentation provided by the Agency on Aging Executive Director;
2. Determine if the appeal should be denied, or if a recommendation should be made to the full Agency on Aging Governing Board at its next scheduled meeting to take action to grant the appeal; and Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
Appeal Procedure Appendix G – Page 3 FY 2026-2027
for Service Providers
3. Provide written notification of its determination to the service provider.
E. I
f the service provider is dissatisfied with the Executive Committee’s determination, the service provider may request a hearing before the full Agency on Aging Governing Board. The service provider must request the hearing within ten (10) business days of the Executive Committee’s written notification of determination. The hearing request shall be in writing, shall specify the grounds upon which the determination is appealed, and must be accompanied by all supporting documents.
F. If th
e Agency on Aging Governing Board does not accept and implement the Executive Committee’s recommendation to grant the service provider’s appeal:
1. T
he Agency on Aging shall provide written notification to the service provider of the Governing Board’s decision within two (2) business days following the decision;
2. The service provider may request a hearing before the Agency on Aging Governing Board. The service provider must request the hearing within ten (10) business days of the date of the notification of the Agency on Aging Governing Board’s decision . The hearing request shall be in writing, shall specify the grounds upon which the determination is appealed, and must be accompanied by all supporting documents.
G. U
pon receipt of the service provider’s request for a hearing before the Agency on Aging Governing Board, the Agency on Aging will place the hearing on the agenda of the next regularly scheduled meeting of the Agency on Aging Governing Board, and provide the service provider with a copy of the published agenda.
1. T
he hearing before the Agency on Aging Governing Board shall consist of:
a) R
eceipt and review of all previously submitted documents concerning the appeal;
b) Submission in writing by the service provider of any additional information or documentation supporting the
service provider’s position;
c) An oral presentation by the service provider, not to exceed thirty (30) minutes; and
Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
Appeal Procedure Appendix G – Page 4 FY 2026-2027
for Service Providers
d) An oral presentation by the Agency on Aging Executive Director and/or Agency on Aging staff, not to exceed thirty (30) minutes.
2. A
t the conclusion of the hearing, the Agency on Aging Governing Board shall vote to accept or deny the service provider’s appeal. a) I
f the appeal is denied, the Agency on Aging Governing
Board shall notify the service provider in writing of the reason(s) the appeal was denied, including a statement that all appeal procedures to the Agency on Aging and its
Governing Board have been exhausted, and of the service provider’s right to appeal the Governing Board’s decision to the California Department of Aging. Such notification shall include a copy of Sections 7700 through 7710 of Title 22 of the California Code of Regulations, which contains the
process for appealing the determination to the California Department of Aging.
Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
APPENDIX H
FRESNO-MADERA AREA AGENCY ON AGING
2520 WEST SHAW LANE, SUITE 101A, FRESNO CA 93711
MAILING ADDRESS: 2037 WEST BULLARD AVENUE, #512, FRESNO, CA 93711
PROGRAM CONTACT LIST FOR SERVICE PROVIDERS
Telephone Number for All Contacts: (559) 214-0299
Fax Number for All Contacts: (559) 243-5918
Fresno-Madera Area Agency on Aging Appendix H FY 2026-2027 Contact List for Service Providers
Jamie Sharma – Ext. 500
Executive Director
Email: [email protected]
Paul Bustamante – Ext. 501
Director of Finance
Email: [email protected]
Hillaree Bennett – Ext. 102
Program Director
Email: [email protected]
Miles Robinson – Ext. 401
Administrative Manager
Email: [email protected]
Patricia Contreras – Ext. 503
Finance Manager
Email: [email protected]
Sarah Santoyo – Ext. 201
Nutrition Program Manager
Email: [email protected]
Sarah Carl – Ext. 502
Clinical Manager
Email: [email protected]
Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
APPENDIX I
FRESNO-MADERA AREA AGENCY ON AGING
EMERGENCY CONTACT INFORMATION
Fresno-Madera Area Agency on Aging Appendix I FY 2026-2027 Emergency Contact Information
Information and Assistance: (559) 214-0299
(800) 510-2020
Executive Director,
Emergency Coordinator,
and Public Relations Officer
Jamie Sharma
Office Address: 2520 W. Shaw Lane #101A
Fresno, CA 93711
Mailing Address: 2037 W. Bullard Ave. #512
Fresno, CA 93711
Office Phone: (559) 214-0299 Ext. 500
Program Director,
Alternate Emergency
Coordinator
Hillaree Bennett
Office Address: 2520 W. Shaw Lane #101A
Fresno, CA 93711
Mailing Address: 2037 W. Bullard Ave. #512
Fresno, CA 93711
Office Phone: (559) 319-0863
Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
APPENDIX J
COMMUNITY FOCAL POINTS LIST
Community Focal Points Appendix J FY 2026-2027
CCR Title 22, Article 3, Section 7302(a)(14), 45 CFR Section 1321.53(c), OAA 2006 306(a) Definition of Focal Point: A facility established to encourage the maximum collocation and coordination of services for older individuals. (42 USC Section 3002 (21)) Planning and Service Area 14 - Designated Community Focal Points Fresno County
Fresno-Madera Area Agency on Aging 2520 W. Shaw Ln. #101A Fresno, CA 93711 Clovis Senior Center 753 3RD St. Clovis, CA 93612
Coalinga Senior Center 220 E. Forest Ave. Coalinga, CA 93210 Del Rey Senior Citizen's Center 10661 Morro Ave Del Rey, CA 93616 Firebaugh Senior Center 1601 Thomas Conboy Ave. Firebaugh, CA 93622 Huron Senior Center 16900 5th St. Huron, CA 93234
Inspiration Park 5770 W Gettysburg Ave Fresno, CA 93722 Kerman Senior Center 720 S. 8th St. Kerman, CA 93630
Kingsburg Senior Center 1450 Ellis St. Kingsburg, CA 93631 Mary Ella Brown Community Center 1350 E. Annadale Ave. Fresno, CA 93706 Mendota Senior Center 415 Sorenson Ave. Mendota, CA 93640 Mosqueda Community Center 3670 E. Butler Ave. Fresno, CA 93702 Orange Cove Senior Center 699 6th St. Orange Cove, CA 93646 Oasis Adult Day Program 5363 N. Fresno St. Fresno, CA 93710 Parlier Senior Center 690 S Newmark Ave Parlier, CA 93648 Pinedale Community Center 7170 N. San Pablo Ave. Pinedale, CA 93650 Reedley Senior Center 100 N. East Ave. Reedley, CA 93654 Sanger Senior Center 730 Recreation Ave. Sanger, CA 93657 Selma Senior Center 2301 Selma St Selma, CA 93662
Sierra Oaks Senior and Community Center 33276 Lodge Rd. Tollhouse, CA 93667 Ted C. Wills Community Center 770 N. San Pablo Ave. Fresno, CA 93728 Madera County
Chowchilla Senior Center 820 Robertson Blvd. Chowchilla, CA 93610 Frank A. Bergon Senior Center 238 S. D St. Madera, CA 93637 Pan-American Community Center 703 E. Sherwood Way Madera, CA 93638 Ranchos/Hills Senior Center 37330 Berkshire Dr. Madera Ranchos, CA 93636 Sierra Senior Center 49111 Cinder Ln. Oakhurst, CA 93644 Coarsegold Community Center 35610 CA-41 Coarsegold, CA 93614 North Fork Scout Center 33507 Rd. 230 North Fork, CA 93643 Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
Form W-9
(Rev. March 2024)
Department of the Treasury
Internal Revenue Service
Request for Taxpayer
Identification Number and Certification
Go to www.irs.gov/FormW9 for instructions and the latest information.
Give form to the
requester. Do not
send to the IRS.
Before you begin. For guidance related to the purpose of Form W-9, see Purpose of Form, below. 1 Name of entity/individual. An entry is required. (For a sole proprietor or disregarded entity, enter the owner’s name on line 1, and enter the business/disregarded entity’s name on line 2.)
2 Business name/disregarded entity name, if different from above. 3a Check the appropriate box for federal tax classification of the entity/individual whose name is entered on line 1. Check only one of the following seven boxes.
Individual/sole proprietor C corporation S corporation Partnership Trust/estate LLC. Enter the tax classification (C = C corporation, S = S corporation, P = Partnership) . . . .
Note: Check the “LLC” box above and, in the entry space, enter the appropriate code (C, S, o r P) for the tax classification of the LLC, unless it is a disregarded entity. A disregarded entity should instead check the appropriate box for the tax classification of its owner.
Other (see instructions)
3b If on line 3a you checked “Partnership” or “T rust/estate,” or checked “LLC” and entered “P” as its tax classification, and you are providing this form to a partnership, trust, or estate in which you have an ownership interest, check this box if you have any foreign partners, owners, or beneficiaries. See instructions . . . . . . . . . 4 Exemptions (codes apply only to
certain entities, not individuals;
see instructions on page 3):
Exempt payee code (if any)
Exemption from Foreign Account Tax
Compliance Act (FATCA) reporting
code (if any)
(Applies to accounts maintained
outside the United States.)
5 Address (number, street, and apt. or suite no.). See instructions. Requester’s name and address (optional) 6 City, state, and ZIP code
7 List account number(s) here (optional)
Part I Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later.
Note: If the account is in more than one name, see the instructions for line 1. See also What Name and Number To Give the Requester for guidelines on whose number to enter.
Social security number
– –
or
Part II Certification
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and
2. I am not subject to backup withholding because (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and
3. I am a U.S. citizen or other U.S. person (defined below); and
4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and, generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later.
General Instructions
Section references are to the Internal Revenue Code unless otherwise noted.
Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9.
What’s New
Line 3a has been modified to clarify how a disregarded entity completes this line. An LLC that is a disregarded entity should check the appropriate box for the tax classification of its owner. Otherwise, it should check the “LLC” box and enter its appropriate tax classification.
New line 3b has been added to this form. A flow-through entity is required to complete this line to indicate that it has direct or indirect foreign partners, owners, or beneficiaries when it provides the Form W-9 to another flow-through entity in which it has an ownership interest. This change is intended to provide a flow-through entity with information regarding the status of its indirect foreign partners, owners, or beneficiaries, so that it can satisfy any applicable reporting requirements. For example, a partnership that has any indirect foreign partners may be required to complete Schedules K-2 and K-3. See the Partnership Instructions for Schedules K-2 and K-3 (Form 1065).
Purpose of Form
An individual or entity (Form W-9 requester) who is required to file an information return with the IRS is giving you this form because they Cat. No. 10231X Form W-9 (Rev. 3-2024)
Employer identification number
Sign Signature of
Here U.S. person
–
Print or type.
See Specific Instructions on page 3.
Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
must obtain your correct taxpayer identification number (TIN), which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following.
• Form 1099-INT (interest earned or paid).
• Form 1099-DIV (dividends, including those from stocks or mutual funds).
• Form 1099-MISC (various types of income, prizes, awards, or gross proceeds).
• Form 1099-NEC (nonemployee compensation).
• Form 1099-B (stock or mutual fund sales and certain other transactions by brokers).
• Form 1099-S (proceeds from real estate transactions). • Form 1099-K (merchant card and third-party network transactions). • Form 1098 (home mortgage interest), 1098-E (student loan interest), and 1098-T (tuition).
• Form 1099-C (canceled debt).
• Form 1099-A (acquisition or abandonment of secured property).
Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN.
Caution: If you don’t return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later.
By signing the filled-out form, you:
1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued);
2. Certify that you are not subject to backup withholding; or
3. Claim exemption from backup withholding if you are a U.S. exempt payee; and
4. Certify to your non-foreign status for purposes of withholding under chapter 3 or 4 of the Code (if applicable); and
5. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting is correct. See What Is FATCA Reporting, later, for further information.
Note: If you are a U.S. person and a requester gives you a form other than Form W-9 to request your TIN, you must use the requester’s form if it is substantially similar to this Form W-9.
Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are:
• An individual who is a U.S. citizen or U.S. resident alien; • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States; • An estate (other than a foreign estate); or
• A domestic trust (as defined in Regulations section 301.7701-7).
Establishing U.S. status for purposes of chapter 3 and chapter 4 withholding. Payments made to foreign persons, including certain distributions, allocations of income, or transfers of sales proceeds, may be subject to withholding under chapter 3 or chapter 4 of the Code (sections 1441–1474). Under those rules, if a Form W-9 or other certification of non-foreign status has not been received, a withholding agent, transferee, or partnership (payor) generally applies presumption rules that may require the payor to withhold applicable tax from the recipient, owner, transferor, or partner (payee). See Pub. 515, Withholding of Tax on Nonresident Aliens and Foreign Entities.
The following persons must provide Form W-9 to the payor for purposes of establishing its non-foreign status.
• In the case of a disregarded entity with a U.S. owner, the U.S. owner of the disregarded entity and not the disregarded entity. • In the case of a grantor trust with a U.S. grantor or other U.S. owner, generally, the U.S. grantor or other U.S. owner of the grantor trust and not the grantor trust.
• In the case of a U.S. trust (other than a grantor trust), the U.S. trust and not the beneficiaries of the trust.
See Pub. 515 for more information on providing a Form W-9 or a certification of non-foreign status to avoid withholding.
Foreign person. If you are a foreign person or the U.S. branch of a foreign bank that has elected to be treated as a U.S. person (under Regulations section 1.1441-1(b)(2)(iv) or other applicable section for chapter 3 or 4 purposes), do not use Form W-9. Instead, use the appropriate Form W-8 or Form 8233 (see Pub. 515). If you are a qualified foreign pension fund under Regulations section 1.897(l)-1(d), or a partnership that is wholly owned by qualified foreign pension funds, that is treated as a non-foreign person for purposes of section 1445 withholding, do not use Form W-9. Instead, use Form W-8EXP (or other certification of non-foreign status).
Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a saving clause. Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the payee has otherwise become a U.S. resident alien for tax purposes.
If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement to Form W-9 that specifies the following five items.
1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien.
2. The treaty article addressing the income.
3. The article number (or location) in the tax treaty that contains the saving clause and its exceptions.
4. The type and amount of income that qualifies for the exemption from tax.
5. Sufficient facts to justify the exemption from tax under the terms of the treaty article.
Example. Article 20 of the U.S.-China income tax treaty allows an exemption from tax for scholarship income received by a Chinese student temporarily present in the United States. Under U.S. law, this student will become a resident alien for tax purposes if their stay in the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States. A Chinese student who qualifies for this exception (under paragraph 2 of the first Protocol) and is relying on this exception to claim an exemption from tax on their scholarship or fellowship income would attach to Form W-9 a statement that includes the information described above to support that exemption.
If you are a nonresident alien or a foreign entity, give the requester the appropriate completed Form W-8 or Form 8233.
Backup Withholding
What is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS 24% of such payments. This is called “backup withholding.” Payments that may be subject to backup withholding include, but are not limited to, interest, tax-exempt interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, payments made in settlement of payment card and third-party network transactions, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding.
You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and dividends on your tax return.
Payments you receive will be subject to backup withholding if:
1. You do not furnish your TIN to the requester;
2. You do not certify your TIN when required (see the instructions for Part II for details);
3. The IRS tells the requester that you furnished an incorrect TIN;
4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only); or
5. You do not certify to the requester that you are not subject to backup withholding, as described in item 4 under “By signing the filled- out form” above (for reportable interest and dividend accounts opened after 1983 only).
Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0
Certain payees and payments are exempt from backup withholding.
See Exempt payee code, later, and the separate Instructions for the Requester of Form W-9 for more information.
See also Establishing U.S. status for purposes of chapter 3 and chapter 4 withholding, earlier.
What Is FATCA Reporting?
The Foreign Account Tax Compliance Act (FATCA) requires a participating foreign financial institution to report all U.S. account holders that are specified U.S. persons. Certain payees are exempt from FATCA reporting. See Exemption from FATCA reporting code, later, and the Instructions for the Requester of Form W-9 for more information.
Updating Your Information
You must provide updated information to any person to whom you claimed to be an exempt payee if you are no longer an exempt payee and anticipate receiving reportable payments in the future from this person. For example, you may need to provide updated information if you are a C corporation that elects to be an S corporation, or if you are no longer tax exempt. In addition, you must furnish a new Form W-9 if the name or TIN changes for the account, for example, if the grantor of a grantor trust dies.
Penalties
Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect.
Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty.
Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment.
Misuse of TINs. If the requester discloses or uses TINs in violation of federal law, the requester may be subject to civil and criminal penalties.
Specific Instructions
Line 1
You must enter one of the following on this line; do not leave this line blank. The name should match the name on your tax return.
If this Form W-9 is for a joint account (other than an account maintained by a foreign financial institution (FFI)), list first, and then circle, the name of the person or entity whose number you entered in Part I of Form W-9. If you are providing Form W-9 to an FFI to document a joint account, each holder of the account that is a U.S. person must provide a Form W-9.
• Individual. Generally, enter the name shown on your tax return. If you have changed your last name without informing the Social Security Administration (SSA) of the name change, enter your first name, the last name as shown on your social security card, and your new last name.
Note for ITIN applicant: Enter your individual name as it was entered on your Form W-7 application, line 1a. This should also be the same as the name you entered on the Form 1040 you filed with your application. • Sole proprietor. Enter your individual name as shown on your Form 1040 on line 1. Enter your business, trade, or “doing business as” (DBA) name on line 2.
• Partnership, C corporation, S corporation, or LLC, other than a disregarded entity. Enter the entity’s name as shown on the entity’s tax return on line 1 and any business, trade, or DBA name on line 2. • Other entities. Enter your name as shown on required U.S. federal tax documents on line 1. This name should match the name shown on the charter or other legal document creating the entity. Enter any business, trade, or DBA name on line 2.
• Disregarded entity. In general, a business entity that has a single owner, including an LLC, and is not a corporation, is disregarded as an entity separate from its owner (a disregarded entity). See Regulations section 301.7701-2(c)(2). A disregarded entity should check the appropriate box for the tax classification of its owner. Enter the owner’s name on line 1. The name of the owner entered on line 1 should never be a disregarded entity. The name on line 1 should be the name shown on the income tax return on which the income should be reported. For example, if a foreign LLC that is treated as a disregarded entity for U.S. federal tax purposes has a single owner that is a U.S. person, the U.S. owner’s name is required to be provided on line 1. If the direct owner of the entity is also a disregarded entity, enter the first owner that is not disregarded for federal tax purposes. Enter the disregarded entity’s name on line 2. If the owner of the disregarded entity is a foreign person, the owner must complete an appropriate Form W-8 instead of a Form W-9. This is the case even if the foreign person has a U.S. TIN.
Line 2
If you have a business name, trade name, DBA name, or disregarded entity name, enter it on line 2.
Line 3a
Check the appropriate box on line 3a for the U.S. federal tax classification of the person whose name is entered on line 1. Check only one box on line 3a.
IF the entity/individual on line 1
is a(n) . . .
THEN check the box for . . .
• Corporation Corporation.
• Individual or
• Sole proprietorship
Individual/sole proprietor.
• LLC classified as a partnership
for U.S. federal tax purposes or
• LLC that has filed Form 8832 or
2553 electing to be taxed as a
corporation
Limited liability company and
enter the appropriate tax
classification:
P = Partnership,
C = C corporation, or
S = S corporation.
• Partnership Partnership.
• Trust/estate Trust/estate.
Line 3b
Check this box if you are a partnership (including an LLC classified as a partnership for U.S. federal tax purposes), trust, or estate that has any foreign partners, owners, or beneficiaries, and you are providing this form to a partnership, trust, or estate, in which you have an ownership interest. You must check the box on line 3b if you receive a Form W-8 (or documentary evidence) from any partner, owner, or beneficiary establishing foreign status or if you receive a Form W-9 from any partner, owner, or beneficiary that has checked the box on line 3b.
Note: A partnership that provides a Form W -9 and checks box 3b may be required to complete Schedules K-2 and K-3 (Form 1065). For more information, see the Partnership Instructions for Schedules K -2 and K-3 (Form 1065).
If you are required to complete line 3b but fail to do so, you may not receive the information necessary to file a correct information return with the IRS or furnish a correct payee statement to your partners or beneficiaries. See, for example, sections 6698, 6722, and 6724 for penalties that may apply.
Line 4 Exemptions
If you are exempt from backup withholding and/or FATCA reporting, enter in the appropriate space on line 4 any code(s) that may apply to you.
Exempt payee code.
• Generally, individuals (including sole proprietors) are not exempt from backup withholding.
• Except as provided below, corporations are exempt from backup withholding for certain payments, including interest and dividends. • Corporations are not exempt from backup withholding for payments made in settlement of payment card or third-party network transactions. • Corporations are not exempt from backup withholding with respect to attorneys’ fees or gross proceeds paid to attorneys, and corporations that provide medical or health care services are not exempt with respect to payments reportable on Form 1099-MISC.
The following codes identify payees that are exempt from backup withholding. Enter the appropriate code in the space on line 4. 1—An organization exempt from tax under section 501(a), any IRA, or a custodial account under section 403(b)(7) if the account satisfies the requirements of section 401(f)(2).
Docusign Envelope ID: 2A978788-2FA9-8890-83DE-322F38C9ACA0