Agenda packet — Kerman City Council, September 27, 2023

CITY COUNCIL REGULAR MEETING AGENDA
Wednesday, September 27, 2023 at 6:00 PM
Kerman City Hall, 850 S. Madera Avenue, Kerman, CA 93630

1. OPENING CEREMONIES
A. Welcome – Mayor
B. Call to Order
C. Roll Call
D. Invocation
At this time the Council wishes to provide anyone an opportunity to give a brief invocation or inspirational thought. In accordance with law, we would request this opportunity not be used to recruit converts, to advance anyone, or to disparage any other faith or belief. If no one steps forward, we will observe a moment of silence so that we may all focus our thoughts on how best to serve our community.

E. Pledge of Allegiance

2. AGENDA APPROVAL/ADDITIONS/DELETIONS
To accommodate members of the public or convenience in the order of presentation, items on the agenda may not be presented or acted upon in the order listed.

3. PRESENTATIONS/CEREMONIAL MATTERS
None

4. REQUEST TO ADDRESS COUNCIL
This portion of the meeting is reserved for members of the public to address the Council on items of interest that are not on the Agenda and are within the subject matter jurisdiction of the Council.

Speakers shall be limited to three minutes. It is requested that no comments be made during this period on items on the Agenda. Members of the public wishing to address the Council on items on the Agenda should notify the Mayor when that Agenda item is called, and the Mayor will recognize your discussion at that time. It should be noted that the Council is prohibited by law from taking any action on matters discussed that are not on the Agenda. Speakers are asked to please use the microphone, and provide their name and address.
1 5. CONSENT CALENDAR
Matters listed under the Consent Calendar are considered routine and will be enacted by one motion and one vote. There will be no separate discussion of these items. If discussion is desired, a member of the audience or a Council Member may request an item be removed from the Consent Calendar and it will be considered separately.

A. SUBJECT: Minutes - September 13, 2023 (MR)
RECOMMENDATION: Council approve minutes as presented.

B. SUBJECT: Payroll (JA)
08/20/23 - 09/02/23: $174,899.13; Retro Pay & Other: $2,614.18; Overtime: $9,309.27; Standby: $1,478.23; Comp Time Earned: 62.13
RECOMMENDATION: Council approve payroll as presented.

C. SUBJECT: Warrants (JA)

1. Nos. 27562-27655 $763.987.04 ACH $50,315.66
RECOMMENDATION: Council approves warrants and electronic bank transfers as presented. (Pursuant to Government Code 37208)
D. SUBJECT: Approving Sale of Additional Surplus Vehicles and Equipment (JA) RECOMMENDATION: Council by motion adopt resolution approving the sale of additional surplus equipment and vehicles.

E. SUBJECT: Donation of Surplus Police Vehicle to Kerman Unified School District (MB) RECOMMENDATION: Council adopt resolution approving the donation of a surplus police vehicle to the Kerman Unified School District.

F. SUBJECT: Approval of Contract No. 23-0121ARP Title III C1 Congregate Nutrition Site Management with the Fresno- Madera Area Agency on Aging (TJ) RECOMMENDATION: Council by motion adopt resolution approving Contract No: 23-0121ARP Title III C1 Congregate Nutrition Site Management with the Fresno- Madera Area Agency on Aging and authorizing City Manager to execute contract. 2 G. SUBJECT: Revised Authorization of Purchase of Real Property, APN’s 023-204-14SU, 023-204- 16SU and 023-204-09 relating to new Public Safety Center (JAJ) RECOMMENDATION: Council by motion adopt resolution approving Revised Purchase of Sale Agreement and Joint Escrow Instructions for Real Property known as the land, building and improvements, identified as APN 023-204-14SU and 023-204-16SU (“Annex”) and an unimproved lot compromised of approximately 6,000 square feet, identified as APN 023-204- 09 (“Lot”) from the Barcus Family Limited Partnership, a California limited partnership (“Barcus FLP”) and S&K Moran Family Limited Partnership, a California limited partnership in the amount of $2,945,740.00 and Superseding the Approval of Agreement Referenced in Resolution No. 23-

76. H. SUBJECT: Amendment to Agreement with Muniservices, LLC (JA) RECOMMENDATION: Council by motion adopt Resolution Approving Amendment No. 2 to Consultant Services Agreement with Muniservices, LLC and authorize the City Manager to sign.

6. PUBLIC HEARINGS
None.

7. DEPARTMENT REPORTS
A. SUBJECT: Ordinance Relating to City of Kerman Boards and Commissions (MR) RECOMMENDATIONS: Staff recommends the City Council:

1. Waive full reading and introduce Ordinance Adding Chapter 2.26 to Title 2 of the Kerman Municipal Code Relating to City Boards and Commissions, repealing Chapters 2.28 and

2.32, and Adding New Chapters 2.28, 2.32, and 2.34 related to Planning Commission; Parks, Recreation, and Community Services Commission; and Sales Tax Oversight Committee.

2. Repeal Resolution Nos. 19-16 and 22-61 relating to the Sales Tax Oversight Committee.

8. CITY MANAGER/STAFF COMMUNICATIONS

9. MAYOR/COUNCIL REPORTS/ANNOUNCEMENTS/FUTURE AGENDA ITEMS This portion of the meeting is reserved for the Mayor and Councilmembers (i) to make brief reports on boards, committees, and other public agencies, and at public events, (ii) to request updates, (iii) to initiate future agenda items at the request of any one Council Member, and (iv) to take action on matters initiated under this section of the agenda. (Under this section the Council may take action only on items specifically agendized and which meet other requirements for action.)

10. CLOSED SESSION
None

11. ADJOURNMENT
3 NOTICE OF AVAILABILITY OF AGENDA MATERIALS: Any writings or documents provided to a majority of the City Council within 72 hours of the meeting regarding any item on this agenda will be made available for public inspection at the City Clerk’s Office located at 850 S. Madera Ave., Kerman, CA 93630 and on the City website at www.cityofkerman.net.

ADA Compliance and Reasonable Accommodation. The Council has adopted a Reasonable Accommodation Policy, which is available on the City website at www.cityofkerman.net or upon request by emailing the City Clerk at [email protected] or calling (559) 846-9380. The Policy provides a procedure for receiving and resolving requests for accommodation to participate in this meeting. If you need assistance in order to attend this Council meeting or require auxiliary aids or services, e.g., hearing aids or signing services to make a presentation to the Council, please contact the City Clerk at (559) 846-9380 or email at [email protected] so such aids or services can be arranged. Accommodations should be requested as early as possible as additional time may be required in order to provide the requested accommodation. The meeting room is accessible to persons with physical disabilities.

AGENDA POSTING CERTIFICATION
I, Marci Reyes, City Clerk for the City of Kerman, do hereby declare under penalty of perjury that I caused the above agenda to be posted at City of Kerman Council Chambers at 850 S. Madera Ave., Kerman, CA 93630 and on the City website at www.cityofkerman.net.

Date: September 22, 2023 /s/ Marci Reyes, City Clerk
4 CITY COUNCIL REGULAR MEETING MINUTES
Wednesday, September 13, 2023 at 6:00 PM
Kerman City Hall, 850 S. Madera Avenue, Kerman, CA 93630

1. OPENING CEREMONIES
A. Welcome – Mayor
B. Call to Order – 6:02 p.m.

C. Roll Call
PRESENT: Mayor Maria Pacheco, Mayor Pro Tem Bill Nijjer, Council Member Jennifer Coleman, Council Member Ismael Herrera
ABSENT: Council Member Gary Yep
D. Invocation - Chaplain Ray Iniquez
E. Pledge of Allegiance - Performed

2. AGENDA APPROVAL/ADDITIONS/DELETIONS
Motion made by Council Member Coleman, Seconded by Mayor Pro Tem Nijjer. Voting Yea: Mayor Pacheco Council Member Coleman, Council Member Herrera, Mayor Pro Tem Nijjer

3. PRESENTATIONS/CEREMONIAL MATTERS
A. Swearing In of Steve Wilkins, Chief of Police - Performed B. National Hispanic Heritage Month - September 15 - October 15, 2023 – Presented

4. REQUEST TO ADDRESS COUNCIL

5. CONSENT CALENDAR
Motion made by Council Member Coleman, Seconded by Council Member Herrera. Voting Yea:

Mayor Pacheco, Mayor Pro Tem Nijjer, Council Member Coleman, Council Member Herrera A. SUBJECT: Minutes - August 23, 2023 (MR)
RECOMMENDATION: Council approve minutes as presented
5 Section 5, Item A.

B. SUBJECT: Payroll (JA)
07/23/23 - 08/05/23; $185,462.24; Retro Pay & Other: $1,362.42; Overtime: $11,351.15; Holiday Pay: -$90.10; Standby: $1,703.08; Comp Time Earned: 40.75 08/06/2023 - 08/19/2023: $184,015.25; Retro Pay & Other: $0.00; Overtime: $12,858.96; Standby: $809.76; Comp Time Earned: 101.50
RECOMMENDATION: Council approve payroll as presented.

C. SUBJECT: Warrants (JA)

1. Nos. 27469-27561 $407,938.51 ACH $54,116.00
RECOMMENDATION: Council approves warrants and electronic bank transfers as presented. (Pursuant to Government Code 37208)
D. SUBJECT: Monthly Investment Report (JA)
RECOMMENDATION: Council accept monthly investment report as presented.

E. SUBJECT: Award of Contract for Fiscal Year 22/23 Street Rehabilitation Project to AJ Excavation, Inc. (JJ)
RECOMMENDATION: Council by motion adopt resolution awarding contract for Fiscal Year 22/23 Street Rehabilitation Project to AJ Excavation, Inc. in the amount of $1,039,350.00 and authorize the City Manager to sign the contract. Res 23-71 F. SUBJECT: Award of Contract for Fiscal Year 22/23 Street Sealing Project to VSS International, Inc. (JJ)
RECOMMENDATION: Council by motion adopt resolution awarding contract for Fiscal Year 22/23 Street Sealing Project to VSS International, Inc. in the amount of $1,030,120.00 and authorize the City Manager to sign contract. Res 23-72
G. SUBJECT: Award of Contract for the Lions Park Recharge Project to DG Construction Inc. (JJ) RECOMMENDATION: Council by motion adopt resolution awarding contract for the Lions Park Recharge Project to DG Construction Inc. in the amount of $222,770.00 and authorize the City Manager to sign the contract. Res 23-73
6 Section 5, Item A.

H. SUBJECT: Resolution Accepting Improvements and Authorizing Filing of the Notice of Completion for Tract No. 6236 Neighborhood Park (JJ)
RECOMMENDATION: Council by motion adopt resolution accepting improvements for Tract No. 6236 Neighborhood Park and authorizing the City Engineer to record the Notice of Completion. Res 23-74

6. PUBLIC HEARINGS - None

7. DEPARTMENT REPORTS
A. SUBJECT: Approving Application to the California Strategic Growth Council’s Community Resilience Centers Grant Program (TJ)
RECOMMENDATION: Council by motion adopt resolution approving application for grant funds to the Strategic Growth Council Community Resilience Centers Grant Program Motion made by Mayor Pro Tem Nijjer, Seconded by Council Member Coleman. Voting Yea:

Mayor Pacheco, Mayor Pro Tem Nijjer, Council Member Coleman, Council Member Herrera Res 23-75
B. SUBJECT: Authorization for Purchase of Real Property APNs 023-204-14SU, 023-204-16SU and 023-20409 for new Community Public Safety Center (JAJ)
RECOMMENDATION: Council by motion adopt resolution approving the Purchase and Sale Agreement and Joint Escrow instruction for real property known as the land, building and improvements, identified as APN 023-204-14SU, 023-204-16SU Annex) and an unimproved lot compromised of approximately 6,000 square feet, identified as APN 023-204-06 (Lot) from the Barcus Family Limited Partnership, a California limited partnership (Barcus FLP) and S & K Moran Family Limited Partnership, a California limited partnership in the amount of $2,945,740.00 subject to Planning Commission’s finding of conformity with the General Plan.

Motion made by Mayor Pro Tem Nijjer, Seconded by Council Member Coleman. Voting Yea:

Mayor Pacheco, Mayor Pro Tem Nijjer, Council Member Coleman, Council Member Herrera Res 23-76
C. SUBJECT: Overview of Reedley Lab (JAJ)
RECOMMENDATION: Council review materials regarding the Reedley Lab situation and provide any direction to Staff and City Attorney regarding bio-labs and hazardous materials. Presented

8. CITY MANAGER/STAFF COMMUNICATIONS
7 Section 5, Item A.

9. MAYOR/COUNCIL REPORTS/ANNOUNCEMENTS/FUTURE AGENDA ITEMS

10. CLOSED SESSION - None

11. ADJOURNMENT - 7:26 p.m.

MINUTES CERTIFICATION
I, MARCI REYES, City Clerk for the City of Kerman, do hereby declare under penalty of perjury that the above Minutes are a true depiction of all actions taken at the City Council meeting held on the first date above written at Kerman City Hall, 850 S. Madera Ave, Kerman, CA.

Date: September 14, 2023
__________________________
Marci Reyes
City Clerk
8 Section 5, Item A.

CITY OF KERMAN

PAYROLL REPORT

RETRO PAY GROSS COMP TIME
EMPLOYEE SALARY & Other HOURS AMOUNT HOURS AMOUNT HOURS AMOUNT SALARY EARNED

ADMINISTRATION
Alvarez, Josefina $ 3,748.31 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 3,748.31 0.00 Camacho, Josie $ 2,576.92 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 2,576.92 3.38 Cheema, Akayla $ 2,663.08 $ 594.20 5.60 $ 277.96 0.00 $ - 0.00 $ - $ 3,535.24 0.00 Gonzalez, Diana $ 3,641.16 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 3,641.16 0.00 Jansons, John $ 7,012.54 $1,168.76 0.00 $ - 0.00 $ - 0.00 $ - $ 8,181.30 0.00 Linares, Vanessa $ 1,793.69 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,793.69 1.50 Lopez, Jacqueline $ 2,386.77 $ - 0.00 $ 29.21 0.00 $ - 0.00 $ - $ 2,415.98 0.00 Mendoza Hernandez, Ariana $ 1,972.77 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,972.77 0.00 Mendoza, Gabriela $ 2,169.85 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 2,169.85 0.00 Reyes, Marcia $ 3,853.38 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 3,853.38 0.00 Sandoval, Veronica $ 1,604.00 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,604.00 0.00 TOTAL $ 33,422.47 $1,762.96 5.60 $ 307.17 0.00 $ - 0.00 $ - $ 35,492.60 4.88 $ -

REC/SOCIAL
Acosta, Marco $ - $ - 0.00 $ - 0.00 $ - 0.00 $ - $ - 0.00 Acosta-Parra, Melany $ 46.50 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 46.50 0.00 Aguilar, Corina $ - $ - 0.00 $ - 0.00 $ - 0.00 $ - $ - 0.00 Argumedo-Vargas, Frank $ - $ - 0.00 $ - 0.00 $ - 0.00 $ - $ - 0.00 Arredondo, Raquel $ - $ - 0.00 $ - 0.00 $ - 0.00 $ - $ - 0.00 Barrett, Shannon $ 1,720.15 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,720.15 5.25 Beltran, Isabelle $ - $ - 0.00 $ - 0.00 $ - 0.00 $ - $ - 0.00 Brar, Manreet $ - $ - 0.00 $ - 0.00 $ - 0.00 $ - $ - 0.00 Burdine-Slaven, Jeanna $ 2,304.92 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 2,304.92 0.00 Campos, Isaiah $ - $ - 0.00 $ - 0.00 $ - 0.00 $ - $ - 0.00 Chouhan, Arnoop $ - $ - 0.00 $ - 0.00 $ - 0.00 $ - $ - 1.00 Chouhan, Gurnoor $ - $ - 0.00 $ - 0.00 $ - 0.00 $ - $ - 2.00 Cruz Paramo, Xitlali $ - $ - 0.00 $ - 0.00 $ - 0.00 $ - $ - 3.00 Diaz, Keren $ - $ - 0.00 $ - 0.00 $ - 0.00 $ - $ - 0.00 Escamilla, Paloma $ - $ - 0.00 $ - 0.00 $ - 0.00 $ - $ - 0.00 Flores, Haley $ 1,806.00 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,806.00 0.00 Garcia, Anthony $ 1,475.08 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,475.08 0.00 Gonzalez Corrales, Aleena $ 81.38 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 81.38 0.00 Hurlbert, Ronald $ 453.38 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 453.38 0.00 Jauriqui, Jose $ 594.00 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 594.00 0.00 Johnson, Theresa $ 3,343.54 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 3,343.54 0.00 Kobzeff, Julia $ - $ - 0.00 $ - 0.00 $ - 0.00 $ - $ - 0.00 Lemm, Brent $ - $ - 0.00 $ - 0.00 $ - 0.00 $ - $ - 0.00 Lemm, Kylie $ - $ - 0.00 $ - 0.00 $ - 0.00 $ - $ - 1.00 Lopez, Robert $ - $ - 0.00 $ - 0.00 $ - 0.00 $ - $ - 0.00 Lua, Daniela $ - $ - 0.00 $ - 0.00 $ - 0.00 $ - $ - 0.00 Lua, Joshua $ - $ - 0.00 $ - 0.00 $ - 0.00 $ - $ - 0.00 Lua, Miguelangel $ - $ - 0.00 $ - 0.00 $ - 0.00 $ - $ - 0.00 Lujan, Vanessa $ 501.50 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 501.50 0.00 Marquez, Nicolas $ - $ - 0.00 $ - 0.00 $ - 0.00 $ - $ - 0.00 Martinez, Aylah $ 635.25 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 635.25 0.00 Martinez, Jeness $ 89.13 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 89.13 0.00 Naranjo, Alexander $ - $ - 0.00 $ - 0.00 $ - 0.00 $ - $ - 0.00 Nazaroff, Rebekah $ - $ - 0.00 $ - 0.00 $ - 0.00 $ - $ - 0.00 Negrete, Dean $ 1,626.00 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,626.00 0.00 Neuwirth, Steven $ - $ - 0.00 $ - 0.00 $ - 0.00 $ - $ - 0.00 Pena, Alexis $ - $ - 0.00 $ - 0.00 $ - 0.00 $ - $ - 0.00 Pena, Mercedes $ - $ - 0.00 $ - 0.00 $ - 0.00 $ - $ - 0.00 Ruiz, Rosalba $ 627.00 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 627.00 0.00 Salvador, Mark $ 2,995.89 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 2,995.89 0.00 Sidhu, Nirmal $ 2,106.14 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 2,106.14 0.00 Silva, Jessica $ 341.00 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 341.00 0.00 Torres, Samantha $ - $ - 0.00 $ - 0.00 $ - 0.00 $ - $ - 0.00 Tovar, Jessica $ - $ - 0.00 $ - 0.00 $ - 0.00 $ - $ - 0.00 Villarreal, Arlene $ 2,236.62 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 2,236.62 0.00 TOTAL $ 22,983.46 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 22,983.46 12.25 $ - POLICE
OVERTIME HOLIDAY at 1/2 TIME STANDBY
PAY PERIOD: August 20, 2023 - September 02, 2023

Page 1 of 3 ends

Section 5, Item B.

CITY OF KERMAN

PAYROLL REPORT

RETRO PAY GROSS COMP TIME
EMPLOYEE SALARY & Other HOURS AMOUNT HOURS AMOUNT HOURS AMOUNT SALARY EARNED OVERTIME HOLIDAY at 1/2 TIME STANDBY
PAY PERIOD: August 20, 2023 - September 02, 2023
Antuna, Miguel $ 2,781.91 $ - 22.50 $1,117.73 0.00 $ - 0.00 $ - $ 3,899.65 0.00 Arciga, Jose $ 2,878.88 $ - 4.00 $ 203.85 0.00 $ - 0.00 $ - $ 3,082.73 0.00 Barbosa, Isaias $ 3,000.10 $ 326.46 4.00 $ 212.51 0.00 $ - 0.00 $ - $ 3,539.07 0.00 Barcoma, Wilbert $ 5,051.59 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 5,051.59 0.00 Barra, Brenden $ 2,277.26 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 2,277.26 0.00 Belding, Jeff $ 3,789.47 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 3,789.47 9.00 Castro, Jaclynn $ 2,181.88 $ - 23.00 $ 870.46 0.00 $ - 0.00 $ - $ 3,052.35 0.00 Chapman, Tom $ 3,692.44 $ - 7.00 $ 453.74 0.00 $ - 0.00 $ - $ 4,146.19 0.00 Clark, Patrick $ 2,511.53 $ - 3.00 $ 134.55 0.00 $ - 0.00 $ - $ 2,646.08 0.00 Coronado, Krystal $ 2,068.77 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 2,068.77 0.00 Corrales, Edith $ 1,560.00 $ - 1.00 $ 29.25 0.00 $ - 0.00 $ - $ 1,589.25 0.00 Cubillos, Theresa $ 2,833.43 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 2,833.43 0.00 Garcia, Andrew $ 2,119.38 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 2,119.38 0.00 Gempis, Danzel $ 1,922.31 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,922.31 0.00 Gutierrez, Gloria $ 25.00 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 25.00 0.00 Inthasone, Bryant $ 2,018.31 $ - 28.96 $1,032.22 0.00 $ - 0.00 $ - $ 3,050.53 0.00 Irazoqui, Mario $ 1,102.18 $ 524.76 0.00 $ - 0.00 $ - 0.00 $ - $ 1,626.94 0.00 Lopez, Matt $ 956.25 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 956.25 0.00 Lozano, Daniel $ 1,598.82 $ - 1.00 $ 30.72 0.00 $ - 0.00 $ - $ 1,629.54 0.00 Lozano, Patricia $ 1,353.23 $ - 1.25 $ 31.72 0.00 $ - 0.00 $ - $ 1,384.95 0.00 Mendoza, Sandra $ 3,160.64 $ - 2.00 $ 111.99 0.00 $ - 0.00 $ - $ 3,272.62 0.00 Molina, Jesus $ 2,478.12 $ - 5.00 $ 219.03 0.00 $ - 0.00 $ - $ 2,697.15 0.00 Roth, Adriana $ 2,131.27 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 2,131.27 21.00 Ruiz, Jose $ 2,131.27 $ - 45.50 $1,680.87 0.00 $ - 0.00 $ - $ 3,812.14 0.00 Vasquez, Francisco $ 1,995.37 $ - 25.00 $ 879.63 0.00 $ - 0.00 $ - $ 2,875.00 8.25 Velez, Bernice $ 1,686.52 $ - 2.00 $ 63.24 0.00 $ - 0.00 $ - $ 1,749.77 0.00 TOTAL: $ 59,305.93 $ 851.22 175.21 $7,071.51 0.00 $ - 0.00 $ - $ 67,228.66 38.25 $ -

PUBLIC WORKS
Arrellano, Antonio $ 1,843.08 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,843.08 0.00 Barajas, Michael $ 3,583.56 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 3,583.56 0.00 Camacho, Armando $ 1,843.08 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,843.08 0.00 Castro, Joseph $ 3,033.21 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 3,033.21 0.00 Cervantes, Pedro $ 1,525.08 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,525.08 0.00 Garcia, Destiny $ 1,757.23 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,757.23 0.00 Garcia, Guadalupe $ 1,795.18 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,795.18 0.00 Gastelum, Humberto $ 2,995.89 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 2,995.89 0.00 Gutierrez Olivarez, Norberto $ 1,548.92 $ - 8.06 $ 175.42 0.00 $ - 0.00 $ - $ 1,724.34 0.00 Hernandez, Julian $ 1,843.08 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,843.08 0.00 Isaak, Denise $ 2,236.62 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 2,236.62 0.00 Jimenez, Gabriela $ 1,598.92 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,598.92 0.00 Kaur, Harmeen $ 2,174.00 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 2,174.00 0.00 Lopez, Josue $ 1,837.54 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,837.54 0.00 Morales, Andres $ 1,757.69 $ - 21.00 $ 736.44 0.00 $ - 32.00 $ 683.08 $ 3,177.21 0.00 Ortiz, Carlos $ 1,960.31 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,960.31 0.00 Perez, Ruben Lopez $ 1,819.38 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,819.38 0.00 Ramirez, Manuel $ 2,707.51 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 2,707.51 0.00 Rivera, Hector $ 945.98 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 945.98 0.00 Sanchez, Daniel $ 2,694.55 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 2,694.55 6.75 Soto, Samuel $ 2,058.62 $ - 23.50 $ 972.53 0.00 $ - 32.00 $ 795.16 $ 3,826.30 0.00 Tinoco, Alfonso $ 2,514.62 $ - 1.00 $ 46.21 0.00 $ - 0.00 $ - $ 2,560.83 0.00 Valdivia, Blanco $ 1,676.00 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,676.00 0.00 TOTAL $ 47,750.04 $ - 53.56 $1,930.60 0.00 $ - 64.00 $ 1,478.23 $ 51,158.87 6.75 $ -

PLANNING
Belmonte, Ruth $ 2,464.77 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 2,464.77 0.00 Campos, Manuel $ 1,802.46 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,802.46 0.00 Meza, Isela $ 848.00 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 848.00 0.00 Orozco, Jesus $ 3,763.92 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 3,763.92 0.00 Padilla, Ruth $ 2,183.08 $ - 0.00 $ - 0.00 $ - 1.00 $ - $ 2,183.08 0.00

Page 2 of 3 ends

Section 5, Item B.

CITY OF KERMAN

PAYROLL REPORT

PLANNING COUNCIL
Bandy, R $ - Yep, G $ 125.00
Molloy, Cory $ - Herrera, I $ 125.00
Nehring, K $ - Nijjer, B $ -
Nunez, M $ - Coleman, J $ -
Felker, R $ - Pacheco, M $ 125.00
Bishop, S $ -
Villar, V $ -
Total $ - Total $ 375.00
GRAND TOTAL: $174,899.13 $2,614.18 234.37 $9,309.27 0.00 $0.00 65.00 $1,478.23 $ 188,300.82 62.13

Page 3 of 3 ends

Section 5, Item B.

Accounts Payable
User:

Printed:

Gmendoza
9/20/2023 10:55 AM
Checks by Date - Detail by Check Date
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
27562 10574 AGRONATURAL 09/06/2023
5327 LLD- JUMP & IRON PLEX FERTILIZER 200.16
Total for Check Number 27562: 200.16
27563 11355 BADGER METER 09/06/2023
80135767 FIN- BEACON HOSTING SERV UNIT- AUGUST 2023 116.49 80135767 FIN- BEACON HOSTING SERV UNIT- AUGUST 2023 116.49 Total for Check Number 27563: 232.98
27564 12162 BRIGHTVIEW LANDSCAPE SERVICES INC09/06/2023 23491551 PARK TREE TRMG- TREE PRUNING- AT SR CTR 4,000.00 8584068 TREE TRMG- EMERGENCY TREE REMOVAL- 180 WEST OF SISKIYOU 1,400.00 Total for Check Number 27564: 5,400.00
27565 11633 FAVIOLA CARDENAS 09/06/2023
035314 CC-COUNCIL MEETING SUPPLIES- AUG 60.00
Total for Check Number 27565: 60.00
27566 11259 CIVIC PLUS INC 09/06/2023
263312 CLRK- ANNUAL AGENDA MANAGEMENT SYSTEM 5,000.00
Total for Check Number 27566: 5,000.00
27567 10103 COLONIAL LIFE 09/06/2023
34202050901399 HR- ROUNDING ADJ -0.03
34202050901399 HR- AUGUST EMPLOYEE CONTRIBUTION 604.12
Total for Check Number 27567: 604.09
27568 10107 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 09/06/2023 2574-1051595 STRTS- THERMAL GLOVES FUSES FUSE HOLDER FOR STREET LIGHT REPAIRS 527.51 Total for Check Number 27568: 527.51
27569 11874 CSG CONSULTANTS INC 09/06/2023
52901 BPO- PROFESSIONAL SERVICES- BLDG INSPECTOR 69.50 HRS 7,089.00 52901 BPO- PROFESSIONAL SERVICES- PLAN CHECKS 5.50 HRS 561.00 Total for Check Number 27569: 7,650.00
27570 10129 DEPARTMENT OF PESTICIDE REG 09/06/2023
090523 LLD- QAC- DANIEL SANCHEZ 46.67
090523 PARKS- QAC- DANIEL SANCHEZ 46.66
090523 STRTS- QAC- DANIEL SANCHEZ 46.67
Total for Check Number 27570: 140.00
27572 10710 HACH COMPANY 09/06/2023
AP Checks by Date - Detail by Check Date (9/20/2023 10:55 AM) Page 1 12 Section 5, Item C.

Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
13710397 WTR- WATER TESTING SUPPLIES 723.60
Total for Check Number 27572: 723.60
27573 10217 JACK'S BUTANE SERVICE 09/06/2023
224882 SWR- PROPANE FOR WEED BURNER 254.13
Total for Check Number 27573: 254.13
27574 10239 KERWEST INC 09/06/2023
24162 FIN- SURPLUS PROPERTY SALE NEWSPAPER AD 396.00
Total for Check Number 27574: 396.00
27575 10335 MADERA FORD 09/06/2023
53068 VE REP- THERMOSTAT HOUSING #1402 113.42
Total for Check Number 27575: 113.42
27576 12058 NAVIA CLIENT PAY LOCKBOX 09/06/2023
10749652 HR- AUGUST PARTICIPANT FEE 145.00
10749652A HR- AUGUST - SEC 125 EMPLOYEE CONT 2,987.44
Total for Check Number 27576: 3,132.44
27577 10289 P.G.& E. 09/06/2023
5741309690-0 PARKS- MONTHLY SERVICE 07/17/23-08/14/23 408.41 Total for Check Number 27577: 408.41
27578 11756 POSITIVE PROMOTIONS INC 09/06/2023
29049666 PD- 350 SQUEEZE BOTTLES WITH LOGO (SRO SUPPLY) SET UP FEE-DEL 529.40 Total for Check Number 27578: 529.40
27579 11907 SPRINGBROOK HOLDING COMPANY LLC09/06/2023
INV-006782 FIN- CLOUD MIGRATION FIXED FEE 279.88
INV-006782 FIN- CLOUD MIGRATION FIXED FEE 2,675.64
INV-006782 FIN- CLOUD MIGRATION FIXED FEE 699.70
INV-006782 FIN- CLOUD MIGRATION FIXED FEE 62.20
INV-006782 FIN- CLOUD MIGRATION FIXED FEE 62.19
INV-006782 FIN- CLOUD MIGRATION FIXED FEE 62.19
INV-006782 FIN- CLOUD MIGRATION FIXED FEE 310.98
INV-006782 FIN- CLOUD MIGRATION FIXED FEE 758.18
INV-006782 FIN- CLOUD MIGRATION FIXED FEE 967.40
INV-006782 FIN- CLOUD MIGRATION FIXED FEE 124.39
INV-006782 FIN- CLOUD MIGRATION FIXED FEE 699.70
INV-006782 FIN- CLOUD MIGRATION FIXED FEE 758.18
INV-006782 FIN- CLOUD MIGRATION FIXED FEE 279.88
INV-006782 FIN- CLOUD MIGRATION FIXED FEE 62.19
INV-006782 FIN- CLOUD MIGRATION FIXED FEE 1,430.51
INV-006782 FIN- CLOUD MIGRATION FIXED FEE 758.18
INV-006782 FIN- CLOUD MIGRATION FIXED FEE 155.49
INV-006782 FIN- CLOUD MIGRATION FIXED FEE 4,540.71
INV-006782 FIN- CLOUD MIGRATION FIXED FEE 124.39
INV-006782 FIN- CLOUD MIGRATION FIXED FEE 316.07
INV-006782 FIN- CLOUD MIGRATION FIXED FEE 621.95
Total for Check Number 27579: 15,750.00
27580 11460 SUPERIOR POOL PRODUCTS LLC 09/06/2023
Q2024345 WTR-180 GAL BULK CHLORINE WELL 9A 668.34
AP Checks by Date - Detail by Check Date (9/20/2023 10:55 AM) Page 2 13 Section 5, Item C.

Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Q2024346 WTR-180 GAL BULK CHLORINE WELL 15 668.34
Q2024347 WTR-140 GAL BULK CHLORINE WELL 17 524.06
Total for Check Number 27580: 1,860.74
27581 10357 TAYLOR MADE IRRIGATION 09/06/2023
27770 LLD- IRRIGATION SUPPLIES 61.33
27773 LLD- IRRIGATION SUPPLIES 55.89
27808 PARKS- IRRIGATION SUPPLIES 57.81
Total for Check Number 27581: 175.03
27582 10015 THE ADVANCE GROUP INC 09/06/2023
81468 WTR- PERFORATED PAPER FOR UB BILLING 800.60
81468 SW- PERFORATED PAPER FOR UB BILLING 233.50
81468 SWR- PERFORATED PAPER FOR UB BILLING 633.81
81498 CC- BUS CARDS REORDER NIJJER YEP 199.79
Total for Check Number 27582: 1,867.70
27583 10168 UNITY IT 09/06/2023
365636 SCADA SUPPORT AUGUST 2023 42.50
365636 SCADA SUPPORT AUGUST 2023 42.50
365636 TECH- MONTHLY TECHNOLOGY SUPPORT SERVICES AUGUST 2023 4,900.15 365636 SD RAM- M. REYES 88.86
365636 SD RAM- V LINARES 94.19
365636 SWITCH & NETWORK CABLES 86.05
Total for Check Number 27583: 5,254.25
27584 BP-CENT CENTURY COMMUNITIES 09/06/2023
Refund Check 015223-237, 164 S 16TH ST 4.79
Refund Check 015223-215, 146 S 16TH ST 9.99
Refund Check 015223-238, 154 S 16TH ST 30.83
Refund Check 015223-215, 146 S 16TH ST 0.12
Refund Check 015223-208, 108 S 16TH ST 0.12
Refund Check 015223-238, 154 S 16TH ST 18.55
Refund Check 015223-208, 108 S 16TH ST 4.91
Total for Check Number 27584: 69.31
27585 UB*01732 ASHLEY CUBILLOS 09/06/2023
Refund Check 008598-000, 15798 ORCHARD WAY 0.07
Refund Check 008598-000, 15798 ORCHARD WAY 0.78
Refund Check 008598-000, 15798 ORCHARD WAY 146.21
Refund Check 008598-000, 15798 ORCHARD WAY 1.13
Refund Check 008598-000, 15798 ORCHARD WAY 1.14
Refund Check 008598-000, 15798 ORCHARD WAY 0.63
Refund Check 008598-000, 15798 ORCHARD WAY 0.04
Total for Check Number 27585: 150.00
27586 UB*01726 TRINA GARCIA 09/06/2023
Refund Check 006917-000, 561 S 9TH ST 38.24
Total for Check Number 27586: 38.24
27587 UB*01724 JARNAIL GILL 09/06/2023
Refund Check 018948-000, 14038 W TAYLOR ST 145.62
Total for Check Number 27587: 145.62
AP Checks by Date - Detail by Check Date (9/20/2023 10:55 AM) Page 3 14 Section 5, Item C.

Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
27588 UB*01719 RAJVIR KAUR 09/06/2023
Refund Check 017820-000, 14191 W MONTEREY AVE 23.81
Refund Check 017820-000, 14191 W MONTEREY AVE 29.32
Refund Check 017820-000, 14191 W MONTEREY AVE 2.45
Refund Check 017820-000, 14191 W MONTEREY AVE 0.77
Refund Check 017820-000, 14191 W MONTEREY AVE 65.64
Refund Check 017820-000, 14191 W MONTEREY AVE 1.53
Refund Check 017820-000, 14191 W MONTEREY AVE 42.87
Total for Check Number 27588: 166.39
27589 UB*01723 LITZY QUINTERO 09/06/2023
Refund Check 018038-000, 14167 W G ST 1.55
Refund Check 018038-000, 14167 W G ST 130.16
Refund Check 018038-000, 14167 W G ST 27.03
Refund Check 018038-000, 14167 W G ST 0.97
Refund Check 018038-000, 14167 W G ST 15.01
Refund Check 018038-000, 14167 W G ST 26.75
Refund Check 018038-000, 14167 W G ST 18.48
Total for Check Number 27589: 219.95
27590 UB*01727 GURKAMALJIT RAKKAR 09/06/2023
Refund Check 019698-000, 14013 W KEARNEY BLVD 25.16
Refund Check 019698-000, 14013 W KEARNEY BLVD 0.45
Refund Check 019698-000, 14013 W KEARNEY BLVD 17.21
Refund Check 019698-000, 14013 W KEARNEY BLVD 13.98
Refund Check 019698-000, 14013 W KEARNEY BLVD 0.90
Refund Check 019698-000, 14013 W KEARNEY BLVD 1.44
Refund Check 019698-000, 14013 W KEARNEY BLVD 38.53
Total for Check Number 27590: 97.67
27591 UB*01728 SAMANTHA RIVERA 09/06/2023
Refund Check 018770-000, 813 S PARK AVE 4.55
Total for Check Number 27591: 4.55
27592 UB*01730 JAGDEEP SINGH SIDHU 09/06/2023
Refund Check 017226-000, 720 BURGUNDY ST 8.30
Refund Check 017226-000, 720 BURGUNDY ST 5.74
Refund Check 017226-000, 720 BURGUNDY ST 0.30
Refund Check 017226-000, 720 BURGUNDY ST 4.66
Refund Check 017226-000, 720 BURGUNDY ST 0.48
Refund Check 017226-000, 720 BURGUNDY ST 8.39
Refund Check 017226-000, 720 BURGUNDY ST 141.26
Total for Check Number 27592: 169.13
27593 UB*01721 T&M MANUFACTURING INC 09/06/2023
Refund Check 018651-000, 15859 W EL MAR AVE 127.14
Total for Check Number 27593: 127.14
27594 UB*01722 T&M MANUFACTURING INC 09/06/2023
Refund Check 018651-001, 265 S LUM AVE 0.93
Refund Check 018651-001, 265 S LUM AVE 0.64
Refund Check 018651-001, 265 S LUM AVE 0.92
Refund Check 018651-001, 265 S LUM AVE 0.03
Refund Check 018651-001, 265 S LUM AVE 0.52
Refund Check 018651-001, 265 S LUM AVE 115.73
AP Checks by Date - Detail by Check Date (9/20/2023 10:55 AM) Page 4 15 Section 5, Item C.

Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Refund Check 018651-001, 265 S LUM AVE 0.05
Total for Check Number 27594: 118.82
27595 11874 CSG CONSULTANTS INC 09/06/2023
52261 BPO- PROFESSIONAL SERVICES- BUILDING INSPECTOR 99.50 HRS 9,751.00 52261 BPO- PROFESSIONAL SERVICES- BUILDING OFFICIAL SERVICES 1.50 HRS 261.00 52261 BPO- PROFESSIONAL SERVICES- PLAN CHECKS PLAN REVIEWS 16.25 HRS 1,592.50 52261 BPO- PROFESSIONAL SERVICES- PERMIT TECHNICIAN 8.00 HRS 560.00 Total for Check Number 27595: 12,164.50
27596 10731 EMMETT VALLEY CONTRUCTION INC 09/06/2023
2023-562 PPR 01 CAP- KEARNEY BLVD REHAB PPR 1 210,021.66 2023-562 PPR 01 CAP- KEARNEY BLVD REHAB PPR 1 132,926.84 Total for Check Number 27596: 342,948.50
Total for 9/6/2023: 406,699.68
27597 BP-CENT1 CENTURY COMMUNITIES 09/07/2023
BPO-Monument Dust Control & Street Sweeping Deposit Refund 7,000.00 Total for Check Number 27597: 7,000.00
Total for 9/7/2023: 7,000.00
27598 10014 ADMINISTRATIVE SOLUTIONS INC 09/14/2023
080423 HR- AUGUST EMPLOYER FLEX PLAN 12,000.00
090623 HR- SEPTEMBER EMPLOYER FLEX PLAN 11,700.00
A1032020 HR- SEPTEMBER BLUE SHIELD PLAN ADMIN 885.00
Total for Check Number 27598: 24,585.00
27599 11387 LUISA AGUIRRE 09/14/2023
090623 REC- INSTRUCTOR FEE-ZUMBA AUGUST 2023 644.00
Total for Check Number 27599: 644.00
27600 12257 AMERITAS LIFE INSURANCE CORP 09/14/2023
082923 HR- CLAIMS FUNDING ENDING 08/26/23 1,964.05
Total for Check Number 27600: 1,964.05
27601 10040 AT&T MOBILITY 09/14/2023
287293504071X09 VAR- MONTHLY CELLULAR SERVICE- 08/01/23-08/31/23 130.86 287293504071X09 VAR- MONTHLY CELLULAR SERVICE- 08/01/23-08/31/23 45.31 287293504071X09 VAR- MONTHLY CELLULAR SERVICE- 08/01/23-08/31/23 138.12 287293504071X09 VAR- MONTHLY CELLULAR SERVICE- 08/01/23-08/31/23 45.31 287293504071X09 VAR- MONTHLY CELLULAR SERVICE- 08/01/23-08/31/23 161.96 287293504071X09 VAR- MONTHLY CELLULAR SERVICE- 08/01/23-08/31/23 12.55 287293504071X09 VAR- MONTHLY CELLULAR SERVICE- 08/01/23-08/31/23 139.26 287293504071X09 VAR- MONTHLY CELLULAR SERVICE- 08/01/23-08/31/23 22.65 287293504071X09 VAR- MONTHLY CELLULAR SERVICE- 08/01/23-08/31/23 12.55 287293504071X09 VAR- MONTHLY CELLULAR SERVICE- 08/01/23-08/31/23 47.51 287293504071X09 VAR- MONTHLY CELLULAR SERVICE- 08/01/23-08/31/23 22.66 287293504071X09 VAR- MONTHLY CELLULAR SERVICE- 08/01/23-08/31/23 139.26 287293504071X09 VAR- MONTHLY CELLULAR SERVICE- 08/01/23-08/31/23 6.96 287293504071X09 VAR- MONTHLY CELLULAR SERVICE- 08/01/23-08/31/23 161.96 AP Checks by Date - Detail by Check Date (9/20/2023 10:55 AM) Page 5 16 Section 5, Item C.

Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
287293504071X09 VAR- MONTHLY CELLULAR SERVICE- 08/01/23-08/31/23 192.87 287293504071X09 VAR- MONTHLY CELLULAR SERVICE- 08/01/23-08/31/23 40.24 287293504071X09 VAR- MONTHLY CELLULAR SERVICE- 08/01/23-08/31/23 45.31 287293504071X09 VAR- MONTHLY CELLULAR SERVICE- 08/01/23-08/31/23 52.54 287293504071X09 VAR- MONTHLY CELLULAR SERVICE- 08/01/23-08/31/23 22.66 287293504071X09 VAR- MONTHLY CELLULAR SERVICE- 08/01/23-08/31/23 27.85 287293504071X09 VAR- MONTHLY CELLULAR SERVICE- 08/01/23-08/31/23 12.55 287293504071X09 VAR- MONTHLY CELLULAR SERVICE- 08/01/23-08/31/23 10.44 287293504071X09 VAR- MONTHLY CELLULAR SERVICE- 08/01/23-08/31/23 12.55 287293504071X09 VAR- MONTHLY CELLULAR SERVICE- 08/01/23-08/31/23 22.65 287293504071X09 VAR- MONTHLY CELLULAR SERVICE- 08/01/23-08/31/23 45.31 Total for Check Number 27601: 1,571.89
27602 10504 AUTOZONE 09/14/2023
5324373142 VE REP- RUNNING BOARDS #1527 283.32
5324373143 VE REP- STEERING WHEEL & SEAT COVERS 100.24
5324380388 VE CAP- RUNNING BOARDS NEW SILVERADO (PART OF UPFIT) 285.50 Total for Check Number 27602: 669.06
27603 10777 BIG VALLEY GARAGE DOOR 09/14/2023
7791 CS- REPAIR ROLL UP DOORS- KERCKHOFF PARK 195.00
Total for Check Number 27603: 195.00
27604 12348 BRADY INDUSTRIES 09/14/2023
8284766 CS- JANITORIAL SUPPLIES- AUG 23 421.88
Total for Check Number 27604: 421.88
27605 12075 RHONDA BREWER 09/14/2023
090623 REC- INSTRUCTOR FEE-HIIT FITNESS AUGUST 2023 122.50 Total for Check Number 27605: 122.50
27606 12464 BURROWS BROS TRUCKING AND SPREADING 09/14/2023 15028 SWR- PUSHING PONDS 700.00
Total for Check Number 27606: 700.00
27607 10617 C A REDING CO INC 09/14/2023
681139 SWR 50%- LANIER MPC4504 07/31/23-08/03/23 53.60
681139 WTR 50%- LANIER MPC4504 07/31/23-08/03/23 53.60
681461 CS- SC-LANIER MPC4504 AUG 23- REC ADMIN 95.20
681461 CS- SC-LANIER MPC4504 AUG 23- SR CTR 20.00
681461 CS- SC-LANIER MPC4504 AUG 23- KERMAN FARMERS MARKET/KWH 20.00 681461 CS- SC-LANIER MPC4504 AUG 23- GENERAL 89.28
Total for Check Number 27607: 331.68
27608 12470 SANTOS CAMACHO 09/14/2023
00347350 CTC- SH DEPOSIT 09/09/23 150.00
Total for Check Number 27608: 150.00
27609 10086 CELLEBRITE USA INC 09/14/2023
INVUS25766 PD- CELLEBRITE YEARLY SUBSCRIPTION (PHYSICAL EXTRACTION) 6,647.47 Total for Check Number 27609: 6,647.47
27610 12471 RAMON CHAVEZ 09/14/2023
AP Checks by Date - Detail by Check Date (9/20/2023 10:55 AM) Page 6 17 Section 5, Item C.

Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
00329612 CTC- CTC DEPOSIT 09/09/23 400.00
Total for Check Number 27610: 400.00
27611 10100 CLOVIS POLYCON INC 09/14/2023
090723 SWR- GATE VALVE & FITTINGS - POND #1 208.00
55261 SWR- GATE VALVE & FITTINGS - POND #1 200.00
55261 SWR- GATE VALVE & FITTINGS - POND #1 1,719.31
55261 SWR- GATE VALVE & FITTINGS - POND #1 749.00
55261 SWR- GATE VALVE & FITTINGS - POND #1 1,800.00
55261 SWR- GATE VALVE & FITTINGS - POND #1 525.16
55261 SWR- GATE VALVE & FITTINGS - POND #1 3,695.25
Total for Check Number 27611: 8,896.72
27612 10106 CON EDISON CLEAN ENERGY 09/14/2023
105146 VAR 3%- SOLAR RESBCT 0801-083123 21.27
105146 VAR 3%- SOLAR RESBCT 0801-083123 21.28
105146 VAR 3%- SOLAR RESBCT 0801-083123 28.37
105146 SWR- SOLAR ARRAY 2 0801-083123 4,839.84
105146 CTC 7%- SOLAR RESBCT 0801-083123 794.34
105146 REC 6%- SOLAR RESBCT 0801-083123 680.86
105146 VAR 3%- SOLAR RESBCT 0801-083123 21.27
105146 VAR 3%- SOLAR RESBCT 0801-083123 85.11
105146 SWR- SOLAR ORIGINAL 0801-083123 9,609.86
105146 PLAN REC 1%- SOLAR RESBCT 0801-083123 113.48
105146 SC 2%- SOLAR RESBCT 0801-083123 226.95
105146 PARKS 1%- SOLAR RESBCT 0801-083123 113.48
105146 VAR 3%- SOLAR RESBCT 0801-083123 28.37
105146 VAR 3%- SOLAR RESBCT 0801-083123 85.11
105146 PD 5%- SOLAR RESBCT 0801-083123 567.38
105146 VAR 3%- SOLAR RESBCT 0801-083123 28.36
105146 VE 3%- SOLAR RESBCT 0801-083123 340.43
105146 VAR 3%- SOLAR RESBCT 0801-083123 21.28
105146 WTR 71%- SOLAR RESBCT 0801-083123 8,056.84
105146 SWR 1%- SOLAR RESBCT 0801-083123 113.48
Total for Check Number 27612: 25,797.36
27613 10108 COOKS COMMUNICATIONS CORP 09/14/2023
155004 VE CAP- 7 DOCKING STATIONS PATROL VEHICLES 9,270.71 155004 PD-SRO- 2 DOCKING STATIONS SRO VEHICLES 2,648.78 Total for Check Number 27613: 11,919.49
27614 10826 CROWN SERVICES CORPORATION 09/14/2023
2741327 REC- PORT A POTTY HANDWASH STATION 08/16/23- FARMERS MARKET 312.69 Total for Check Number 27614: 312.69
27615 11999 DOG WASTE DEPOT 09/14/2023
569084 CS- DOG WASTE STATION (3)- PARKS 915.36
Total for Check Number 27615: 915.36
27616 10144 ELBERT DISTRIBUTING INC 09/14/2023
PI0054079 VE REP- POWER STEERING KITS 85.13
Total for Check Number 27616: 85.13
27617 10157 FERGUSON ENTERPRISES INC 09/14/2023
1806645 WTR- 2 FIRE HYDRANTS & FITTINGS 57.03
AP Checks by Date - Detail by Check Date (9/20/2023 10:55 AM) Page 7 18 Section 5, Item C.

Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
1806645 WTR- 2 FIRE HYDRANTS & FITTINGS 7,590.00
1806645 WTR- 2 FIRE HYDRANTS & FITTINGS 1,702.59
1806645 WTR- 2 FIRE HYDRANTS & FITTINGS 139.08
1806645-1 WTR- 3 FIRE HYDRANTS & FITTINGS 11,100.00
Total for Check Number 27617: 20,588.70
27618 11550 FRESNO COUNTY SHERIFFS OFFICE - CIVIL UNIT 09/14/2023 #2022-5723 C FTB- WAGE GARNISHMENT- 09/08/23 137.00
Total for Check Number 27618: 137.00
27619 12469 JACQUELINE FUENTES 09/14/2023
00341691 CTC- SH DEPOSIT 09/02/23 100.00
Total for Check Number 27619: 100.00
27620 12472 GUADALUPE GARCIA 09/14/2023
091223 WTR- MEALS PER DIEM 09/20 21 & 22/2023- WQI WATER DISTRIBUTION 95.00 Total for Check Number 27620: 95.00
27621 11358 GREAT AMERICA FINANCIAL SERVICES09/14/2023
34757599 VE- LANIER MPC307- FLEET SHOP 07/20/23-08/19/23 129.89 34843648 BPO- EQUIPMENT RENTAL- PLANNING BUILDING CODE ENFORCEMENT 87.58 34843648 BPO- EQUIPMENT RENTAL- PLANNING BUILDING CODE ENFORCEMENT 87.58 34843648 BPO- EQUIPMENT RENTAL- PLANNING BUILDING CODE ENFORCEMENT 87.57 Total for Check Number 27621: 392.62
27622 10514 ICAD INC 09/14/2023
17359 WTR- 23578-7/31/23-REPAIR BOOSTERS WELL 15 650.00 17359 WTR- 23633-08/08/23-REPAIR VFD WELL 14 1,047.50
17372 WTR- WELL 9 14 17 PLC/HMI UPGRADES PMT 1 OF 3- 35% 20,169.45 Total for Check Number 27622: 21,866.95
27623 12211 IHEARTMEDIA 09/14/2023
8820460825 CS- FARMERS MARKET RADIO ADS 07/31/23-08/27/23 1,200.00 Total for Check Number 27623: 1,200.00
27624 10222 JERRY'S AUTOMOTIVE 09/14/2023
990764 VE REP- TRANSMISSION REPAIR #1444 995.00
Total for Check Number 27624: 995.00
27625 10239 KERWEST INC 09/14/2023
24166 BPO- PUBLIC NOTICES-ADVERTISING CUP 2023- 10 & 11 PLANNING COMM 330.00 24168 BPO- PROOF OF PUBLICATION: ORDINANCE SUMMARIES CITY COUNCIL 280.00 Total for Check Number 27625: 610.00
27626 11445 LECHOWICZ + TSENG MUNICIPAL CONSULTANTS 09/14/2023 2 FIN- WATER WASTEWATER & STORM DRAIN RATE STUDY PMT #2- AUG 2023 705.00 2 FIN- WATER WASTEWATER & STORM DRAIN RATE STUDY PMT #2- AUG 2023 3,172.50 2 FIN- WATER WASTEWATER & STORM DRAIN RATE STUDY PMT #2- AUG 2023 3,172.50 Total for Check Number 27626: 7,050.00
27627 10251 LIGHTHOUSE ELECTRIC INC 09/14/2023
3207 WTR- 7491-7/11/23- WELL 10 ELECTRICAL PARTS 1,345.34 AP Checks by Date - Detail by Check Date (9/20/2023 10:55 AM) Page 8 19 Section 5, Item C.

Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
3207 WTR- 7449-7/24/23-WELL 14 ELECTRICAL TROUBLESHOOTING 823.75 Total for Check Number 27627: 2,169.09
27628 12465 GRISELDA MARTINEZ 09/14/2023
00343203 CTC- SH DEPOSIT 08/26/23 100.00
Total for Check Number 27628: 100.00
27629 10261 MID VALLEY DISPOSAL INC 09/14/2023
083123 SWA-ROLL OFF/FRANCHISE FEES -1,947.14
083123 SWA-AUGUST 2023 SW CHARGES 182,954.03
083123 SWA-CITY PORTION FOR AUGUST 2023 -36,590.81
Total for Check Number 27629: 144,416.08
27630 11965 MISSION UNIFORM SERVICE 09/14/2023
083123 VAR-UNIFORMS, MATS, SUPPLIES-BLDG/PARKS OPERATIONS 1,479.20 083123 PARKS- NITRILE GLOVES 87.19
083123 VAR-UNIFORMS, MATS, SUPPLIES-BLDG MAINT 38.01
083123 VAR-UNIFORMS, MATS, SUPPLIES-SOLID WASTE 11.25
083123 VAR-UNIFORMS, MATS, SUPPLIES-WATER OPERATIONS 231.69 083123 LLD- NITRILE GLOVES 87.18
083123 VAR-UNIFORMS, MATS, SUPPLIES-STREETS-ARTICLE VIII 224.27 083123 VE- NITRILE GLOVES 87.18
083123 VAR-UNIFORMS, MATS, SUPPLIES-STREET FLEX-MEASURE C 31.91 083123 VAR-UNIFORMS, MATS, SUPPLIES-STORM DRAIN 16.52
083123 SD- NITRILE GLOVES 87.18
083123 VAR-UNIFORMS, MATS, SUPPLIES-SEWER OPERATIONS 226.56 083123 VAR-UNIFORMS, MATS, SUPPLIES-STREETS 26.35
083123 VAR-UNIFORMS, MATS, SUPPLIES-LANDSCAPE & LIGHTING 152.86 083123 VAR-UNIFORMS, MATS, SUPPLIES-UNIFORMS 18.88
083123 STRTS- NITRILE GLOVES 87.18
083123 VAR-UNIFORMS, MATS, SUPPLIES-VEHICLES 46.37
Total for Check Number 27630: 2,939.78
27631 12316 ANGELICA MONTEJO 09/14/2023
00349468 CTC- SH DEPOSIT 10/28/23 150.00
Total for Check Number 27631: 150.00
27632 10269 MOUNTAIN VALLEY PEST CONTROL 09/14/2023
090623 CS- PEST CONTROL SPRAY- HARVEST FESTIVAL 125.00
Total for Check Number 27632: 125.00
27633 12467 JESSICA NEGRETE 09/14/2023
00337598 CTC- CTC DEPOSIT 09/02/23 400.00
Total for Check Number 27633: 400.00
27634 10286 O'REILLY AUTOMOTIVE INC 09/14/2023
080423 VE REP- SUPPLIES- 4 INV <$50 64.57
080823 WTR- SUPPLIES- 2 INV <$50 38.27
413986 WTR- BATTERIES FOR GENERATORS AT WELLS 305.34
414012 PD REP- DISC PADS & ROTORS #1494 464.79
414705 WTR- BATTERIES FOR GENERATORS AT WELLS 215.18
414942 VE REP- WINDOW REGULATOR #1403 63.19
415046 VE REP- BRAKE DRUM #1451 131.86
415047 VE SUPP- NITRILE GLOVES 124.19
415983 WTR- AIR FILTERS FOR GENERATORS AT WELL 89.17
AP Checks by Date - Detail by Check Date (9/20/2023 10:55 AM) Page 9 20 Section 5, Item C.

Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
416482 EQUIPS- BELTS FOR FLAIL MOWER 62.97
416746 VE REP- BATTERY #1395 174.81
416747 VE REP- CORE RETURN BATTERY #1395 -22.00
416762 WTR- BATTERY FOR GENERATOR AT WELL 223.70
418340 VE SUPP- SUPPLIES- 1 INV <$50 45.64
41867D VE SUPP- DISCOUNT ALLOWED -5.64
41867E VE MAINT- AT FILLERS 41.72
41867E VE SUPP- DISCOUNT ALLOWED -44.63
419384 PD REP- TECH TRAY RETAINER CUPS 146.27
419610 VE REP- BATTERY STOCK 189.32
419671 PD REP- BATTERY STOCK 213.31
419877 PD MAINT- SUPPLIES- 1 INV <$50 43.19
419962 PD REP- SUPPLIES- 1 INV <$50 41.87
420171 VE MAINT- OIL & AIR FILTERS #1446 25.30
420171 VE REP- BATTERY #1446 189.12
420380 VE MAINT- CABIN AIR & OIL FILTERS WIPERS #1508 108.63 420435 VE MAINT- SUPPLIES- 1 INV <$50 31.65
420502 PD REP- RETURN-ORIG INV 420380 -28.28
420502 VE MAINT- RETURN-ORIG INV 420380 -3.66
421193 PD MAINT- CABIN AIR & OIL FILTERS 76.33
Total for Check Number 27634: 3,006.18
27635 10289 P.G.& E. 09/14/2023
4055166878-9 LLD- MONTHLY SERVICE- 07/28/23-08/28/23 2,675.93 4939626163-5 VE- MONTHLY SERVICE- 07/19/23-08/16/23 1,658.50 9081203718-3 CS- KATEYS PARK- AUG 2023 107.34
Total for Check Number 27635: 4,441.77
27636 10319 RENO'S HARDWARE 09/14/2023
080423 BLDG- SUPPLIES- 2 INV <$50 24.68
080423 BLDG- SUPPLIES- 3 INV <$50 31.43
081523 PARKS- SUPPLIES- 2 INV <$50 40.80
Total for Check Number 27636: 96.91
27637 11714 ROD CARSEY 09/14/2023
23-09 BPO- PLAN CHECK FEES: SERVICES FOR AUGUST FISCAL YEAR 23-24 5,729.08 Total for Check Number 27637: 5,729.08
27638 11506 SCA OF CA LLC 09/14/2023
2023-070167 STRT- SPECIAL SWEEP-HYD SPILL-14451 W CHARDONAY AVE 500.00 2023-070167 STRT- STREET SWEEPING AUG 2023 9,115.00
Total for Check Number 27638: 9,615.00
27639 10331 SEBASTIAN 09/14/2023
34276 BLDG- REPLACE MOTION DETECTOR PW-OFFICE 54.61
Total for Check Number 27639: 54.61
27640 10332 SEBASTIAN 09/14/2023
00064822-8 VAR- MONTHLY PHONE SERVICE- 08/21/23-09/20/23 20.37 00064822-8 VAR- MONTHLY PHONE SERVICE- 08/21/23-09/20/23 49.30 00064822-8 VAR- MONTHLY PHONE SERVICE- 08/21/23-09/20/23 151.51 00064822-8 VAR- MONTHLY PHONE SERVICE- 08/21/23-09/20/23 104.40 00064822-8 VAR- MONTHLY PHONE SERVICE- 08/21/23-09/20/23 13.78 00064822-8 VAR- MONTHLY PHONE SERVICE- 08/21/23-09/20/23 206.22 00064822-8 VAR- SERVICES FOR CAMERAS PROJECT (PD) 12.50 AP Checks by Date - Detail by Check Date (9/20/2023 10:55 AM) Page 10 21 Section 5, Item C.

Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
00064822-8 VAR- MONTHLY PHONE SERVICE- 08/21/23-09/20/23 338.46 00064822-8 VAR- MONTHLY PHONE SERVICE- 08/21/23-09/20/23 20.37 00064822-8 VAR- MONTHLY PHONE SERVICE- 08/21/23-09/20/23 252.60 00064822-8 VAR- SERVICES FOR CAMERAS PROJECT (PD) 1.96
00064822-8 VAR- MONTHLY PHONE SERVICE- 08/21/23-09/20/23 86.00 00064822-8 VAR- MONTHLY PHONE SERVICE- 08/21/23-09/20/23 197.40 00064822-8 VAR- MONTHLY PHONE SERVICE- 08/21/23-09/20/23 338.46 00064822-8 VAR- MONTHLY PHONE SERVICE- 08/21/23-09/20/23 70.46 00064822-8 VAR- MONTHLY PHONE SERVICE- 08/21/23-09/20/23 543.54 00064822-8 VAR- MONTHLY PHONE SERVICE- 08/21/23-09/20/23 20.37 00064822-8 VAR- MONTHLY PHONE SERVICE- 08/21/23-09/20/23 71.78 00064822-8 VAR- MONTHLY PHONE SERVICE- 08/21/23-09/20/23 359.86 00064822-8 VAR- MONTHLY PHONE SERVICE- 08/21/23-09/20/23 21.59 00064822-8 VAR- MONTHLY PHONE SERVICE- 08/21/23-09/20/23 28.64 00064822-8 VAR- MONTHLY PHONE SERVICE- 08/21/23-09/20/23 114.90 00064822-8 VAR- MONTHLY PHONE SERVICE- 08/21/23-09/20/23 49.30 00064822-8 VAR- SERVICES FOR CAMERAS PROJECT (PD) 76.05 Total for Check Number 27640: 3,149.82
27641 10862 SIGNMAX 09/14/2023
0044750-IN ST SIGN REPL- SPEED LIMIT & SLOW SIGNS 86.68 0044761-IN VE CAP- DECALS FOR NEW SILVERADO TRUCKS 277.38 Total for Check Number 27641: 364.06
27642 11650 SITEONE LANDSCAPE SUPPLY COMPANY09/14/2023
133510291-001 PARKS- 8 STATION CONTROLLER 298.66
133589711-001 PARKS- PUMP SUPPLIES & REPAIR (LIONS) 606.79 133790314-001 LLD- IRRIGATION SUPPLIES 645.03
134008551-001 PARKS- 8 STATION CONTROLLERS & EXPANSION MODULE 636.07 134008551-001 PARKS- 8 STATION CONTROLLERS & EXPANSION MODULE 667.62 134016508-001 MEDIANS- FERTILIZER 326.71
27458 MEDIANS- UNAPPLIED CREDIT -250.94
Total for Check Number 27642: 2,929.94
27643 10337 SLUMBERGER LUMBER 09/14/2023
ACCT 3115 VE SUPP- SUPPLIES- 1 INV <$50 7.78
ACCT 3115 PARKS- SUPPLIES- 2 INV <$50 66.06
ACCT 3115 PARKS- TACK PULLER PLIERS CONCRETE 109.70
ACCT 3115 SWR- POWER SNAKE 105.70
ACCT 3115 WTR- TEE HINGES 69.70
ACCT 3115 PARKS- SUPPLIES- 1 INV <$50 17.59
ACCT 3115 STRTS- SUPPLIES- 3 INV <$50 94.07
ACCT 3115 LLD- SUPPLIES- 1 INV <$50 17.58
ACCT 3115 MEDIANS- SUPPLIES- 1 INV <$50 11.37
ACCT 3115 LLD- SUPPLIES- 1 INV <$50 14.41
ACCT 3115 SWR- KITTIE LITTER 60.98
ACCT 3115 SWR- POWER SNAKE 105.70
ACCT 3115 PARKS- SUPPLIES- 1 INV <$50 14.42
ACCT 3115 VE SUPP- HITCH BALL DRAWBAR 86.07
ACCT 3115 WTR- SUPPLIES- 3 INV <$50 53.10
ACCT 3115 STRTS- SUPPLIES- 1 INV <$50 14.42
ACCT 3116 CS- BUILDING MAINT- GENERAL SUPPLY 64.36
ACCT 3116 CS- COMM CTR-MAINT/REPAIR SUPPLIES 22.08
ACCT 3116 CS- JANITORIAL 7.07
ACCT 3116 CS- PARKS-MAINT/REPAIR SUPPLIES 33.77
ACCT 3116 CS- BUILDINGS-MAINT/REPAIR SUPPLIES 716.90
ACCT 3305 SWR- SUPPLIES- 1 INV <$50 40.30
AP Checks by Date - Detail by Check Date (9/20/2023 10:55 AM) Page 11 22 Section 5, Item C.

Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
ACCT 3305 WTR- SUPPLIES- 1 INV <$50 21.31
ACCT 3305 WTR- CONCRETE FOR WATER REPAIR AT TEMPLE- F ST/BURGUNDY 147.11 Total for Check Number 27643: 1,901.55
27644 11907 SPRINGBROOK HOLDING COMPANY LLC09/14/2023
INV-014405 FIN- MONTHLY WEB PAYMENTS AUGUST 2023 195.51 INV-014405 FIN- MONTHLY WEB PAYMENTS AUGUST 2023 706.68 INV-014405 FIN- MONTHLY WEB PAYMENTS AUGUST 2023 561.81 Total for Check Number 27644: 1,464.00
27645 10754 THE HOME DEPOT PRO-SUPPLY WORKS09/14/2023
764190419 CS- JANITORIAL SUPPLIES SEPT 23 933.99
Total for Check Number 27645: 933.99
27646 10378 ULINE INC 09/14/2023
167658771 WTR- 6 EMERGENCY EYE WASH STATIONS FOR WATER WELLS 3,501.29 Total for Check Number 27646: 3,501.29
27647 10382 UNITED RENTALS NORTH AMERICA INC09/14/2023
223837739-001 SDWLK REP- CONCRETE PLANNER RENTAL 324.81 Total for Check Number 27647: 324.81
27648 10377 US POST OFFICE 09/14/2023
090823 VAR- ADVANCE PMNT/UB PERMIT 2 2,611.94
090823 VAR- ADVANCE PMNT/UB PERMIT 2 1,368.16
090823 VAR- ADVANCE PMNT/UB PERMIT 2 895.52
090823 VAR- ADVANCE PMNT/UB PERMIT 2 124.38
Total for Check Number 27648: 5,000.00
27649 12333 SYLVIA VALDEZ 09/14/2023
00324172 CTC- SH DEPOSIT 12/31/23 100.00
00324177 CTC- SH DEPOSIT 12/16/23 100.00
Total for Check Number 27649: 200.00
27650 12466 CARLEE VALENCIA 09/14/2023
00342264 CTC- SH DEPOSIT 09/03/23 100.00
Total for Check Number 27650: 100.00
27651 12468 ALICIA VENTURA 09/14/2023
00320118 CTC- CTC DEPOSIT 10/21/23 400.00
Total for Check Number 27651: 400.00
27652 12473 VORTEX INDUSTRIES LLC 09/14/2023
42-1692568 CS- REPAIR ROLLUP DOOR CONCESSION- ROTARY PARK 6,031.95 Total for Check Number 27652: 6,031.95
27653 10406 WEST HILLS OIL INC 09/14/2023
195708 VE FUEL- MOTOR OIL BULK 2,610.89
256816 VE- DIESEL FUEL 285 GALLONS 1,676.59
77903 VE- ACT PROGRAM PD 292.60
77903 VE- FUEL AUG 1-15 6,552.82
AP Checks by Date - Detail by Check Date (9/20/2023 10:55 AM) Page 12 23 Section 5, Item C.

Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Total for Check Number 27653: 11,132.90
27654 12267 IRENE ZAMORA 09/14/2023
00345598 CTC- SH DEPOSIT 09/10/23 150.00
Total for Check Number 27654: 150.00
Total for 9/14/2023: 350,192.36
27655 12472 GUADALUPE GARCIA 09/20/2023
091223 WTR- MEALS PER DIEM 09/20 21 & 22 2023 95.00
Total for Check Number 27655: 95.00
Total for 9/20/2023: 95.00
Report Total (93 checks): 763,987.04
AP Checks by Date - Detail by Check Date (9/20/2023 10:55 AM) Page 13 24 Section 5, Item C.

Accounts Payable
User:

Printed:

Gmendoza
9/20/2023 10:54 AM
Checks by Date - Detail by Check Date
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
ACH 10147 EMPLOYMENT DEVELOPMENT DEPARTMENT 09/08/2023
090823 C PR TAX DEPOSIT- 09/08/23- SDI PAYABLE= SDI AMOUNT 1,604.81 090823 C PR TAX DEPOSIT- 09/08/23- SIT PAYABLE= PIT AMOUNT 4,302.98 Total for this ACH Check for Vendor 10147: 5,907.79
ACH 10517 FEDERAL TAXES PAYROLL 09/08/2023
090823 C PAYROLL TAX DEPOSIT- 09/08/23- FICA PAYABLE= SOCIAL SECURITY 23,751.60 090823 C PAYROLL TAX DEPOSIT- 09/08/23- FICA MED PAYABLE= MEDICARE 5,554.64 090823 C PAYROLL TAX DEPOSIT- 09/08/23- FIT PAYABLE= TAX WITHHOLDING 12,700.98 Total for this ACH Check for Vendor 10517: 42,007.22
ACH 10518 KERMAN POLICE OFFICERS ASSN 09/08/2023
090823 C MEMBERSHIP DUES- 09/08/23 681.25
Total for this ACH Check for Vendor 10518: 681.25
ACH 10519 KERMAN MUNICIPAL EMPLOYEES ASSN09/08/2023
090823 C MEMBERSHIP DUES- 09/08/23 195.00
Total for this ACH Check for Vendor 10519: 195.00
ACH 10520 ICMA-RC 09/08/2023
090823 C DEFERRED COMP- 9/08/23 1,524.40
Total for this ACH Check for Vendor 10520: 1,524.40
Total for 9/8/2023: 50,315.66
Report Total (5 checks): 50,315.66
AP Checks by Date - Detail by Check Date (9/20/2023 10:54 AM) Page 1 25 Section 5, Item C.

STAFF REPORT
MEETING DATE: September 27, 2023
PRESENTER: Josefina Alvarez, Finance Director
SUBJECT: Approving Sale of Additional Surplus Vehicles and Equipment (JA) RECOMMENDATION: Council by motion adopt resolution approving the sale of additional surplus equipment and vehicles.

EXECUTIVE SUMMARY:

On August 9, 2023, Council adopted Res 23-65 approving the sale of surplus property.

Since the approval of the surplus items in August, the City has received newly purchased vehicles; with the arrival of the new vehicles, staff has identified additional equipment and vehicles as surplus.

Approval of the additional items will allow staff to include vehicles and equipment in the publicized surplus sale.

The vehicles and equipment surplus sale dates are set for October 30, 2023 through November 3, 2023, and will be published according to the guidelines set forth in the Purchasing Policy.

If sale items do not receive bids or offers to purchase, the Purchasing Officer will proceed with the appropriate method of disposition listed as “Donation” in Section D. 5 of the Purchasing Policy.

FISCAL IMPACT:

Increase to General and Vehicle Funds.

ATTACHMENTS:

A. Resolution w/Exhibit
26 Section 5, Item D.

Attachment ‘A’
RESOLUTION NO. 23-___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN

APPROVING THE SALE OF ADDITIONAL SURPLUS PROPERTY
WHEREAS, the City Council has adopted Resolution No. 08-57 approving a Policy and Procedure for Sale of Surplus Property (“Surplus Policy”); and WHEREAS, the Surplus Policy provides that a sale of City-owned property will not be final until presented and approved by the City Council at a regular meeting; and WHEREAS, On August 9, 2023, Council adopted Res 23-65 approving the sale of surplus property; and
WHEREAS, additional inventory has been identified as surplus; and WHEREAS, the City Council has reviewed the staff report and the list of additional surplus items.

NOW, THEREFORE, the City Council of the City of Kerman does resolve as follows:

Section 1. The foregoing recitals are incorporated by reference.

Section 2. City Council approves the sale of surplus property as listed on Exhibit ‘A’ in accordance with the Surplus Policy.

Section 3. This resolution is effective upon adoption.

The foregoing resolution was approved by the City Council of the City of Kerman at a regular meeting held on the 27th day of September 2023, and passed at said meeting by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

The foregoing resolution is hereby approved.
_________________________
Maria Pacheco
ATTEST: Mayor
___________________________
Marci Reyes
City Clerk
27 Section 5, Item D.

CITY OF KERMAN SURPLUS SALE LIST
ITEM #

EQUIPMENT
NUMBER ITEM DESCRIPTION Year MAKE/MODEL VIN/ID NUMBER MILEAGE CONDITION QUANTITY

ESTIMATED
PRICE
19 1392 PARKS AND RECREATION 2004 CHEVY COLORADO 1GCCS148048182514 80,545 POOR $500 20 1395 PUBLIC WORKS 2005 CHEVY COLORADO 1GCCS148758272406 86,161 POOR $500 21 1440 PUBLIC WORKS 2008

JOHN DEERE REERE
MOWER TC2653T020414 269.4 HRS POOR $500
22 1412 PUBLIC WORKS 1988 FORD SUPER DUTY 2FDLF47G6JCB37584 169,404 POOR $500 23 1214 PUBLIC WORKS

WALK BEHIND TORO
MOWER 30159-795185 POOR $100
24 1215 PUBLIC WORKS

WALK BEHIND TORO
MOWER 30254-210010045 POOR $100
DEPARTMENT: Public Works/Parks and Recreation
Exhibit 'A'
28 Section 5, Item D.

STAFF REPORT
MEETING DATE: September 27, 2023
PRESENTER: Michael Barajas, Public Works Director
SUBJECT: Donation of Surplus Police Vehicle to Kerman Unified School District (MB) RECOMMENDATION: Council adopt resolution approving the donation of a surplus police vehicle to the Kerman Unified School District.

EXECUTIVE SUMMARY:

The Kerman Unified School District’s Public Safety Pathway Program submitted a letter of request for a donation. The letter expresses an interest in acquiring a retired police vehicle, (Crown Victoria) for the use of enhancing their Public Safety Pathway Program.

The City conducted an inventory of surplus vehicles and equipment in preparation of a surplus sale and identified a vehicle available for donation.

The City does not currently have a policy for addressing requests for donations such as that received from KUSD. The City adopted a new Purchasing Ordinance in 2021 and part of that approval included adopting a resolution, which repealed the former City of Kerman Purchasing Policy. That repealed policy included language authorizing the City to donate surplus property under the conditions described in "Methods of Disposition" Section D.

Disposal: Item 5. Donation" which stated as follows:

5. Donation: The Purchasing Officer with the approval of the City Council may donate surplus property to public bodies, charitable, civic or non-profit organizations and may include property which has no commercial value or for which the estimated cost of continued care, handling, maintenance or storage would exceed the estimated proceeds of sale.

Staff requests Council utilize the foregoing authorization. For the future, staff will be preparing an updated Surplus Policy that addresses donations.

FISCAL IMPACT:

There will minimal impact in donating the vehicle as opposed to selling it as surplus. However, there are public benefits by donating it to KUSD.

ATTACHMENTS:

A. Request Letter
B. Resolution
29 Section 5, Item E.

Attachment 'B'
RESOLUTION NO. 23-__

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN

APPROVING THE DONATION OF SURPLUS POLICE VEHICLE TO

KERMAN UNIFIED SCHOOL DISTRICT
WHEREAS, a request was made by Kerman Unified School District for a retired surplus police vehicle for use in their Public Safety Pathway Program, and WHEREAS, the City conducted an inventory of surplus vehicles and equipment in preparation of a surplus sale and identified a vehicle available for donation; and WHEREAS, the donation of the surplus property will benefit Kerman Unified School District and the City of Kerman; and
WHEREAS, staff recommends a donation to Kerman Unified School District.

NOW THEREFORE BE IT RESOLVED by the Kerman City Council as follows:

1. The foregoing recitals are incorporated by reference.

2. The City Council approves the donation of one (1) 2010 Ford Crown Victoria, Vin No. 2FABP78V1AX132389 to the Kerman Unified School District.

The foregoing resolution was approved by the City Council of the City of Kerman at a regular meeting held on the 27
th day of September 2023, and passed at said meeting by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

The foregoing resolution is hereby approved.
________________________
Maria Pacheco
Mayor
ATTEST:
_______________________
Marci Reyes
City Clerk
30 Section 5, Item E.

Attachment '
A'
31 Section 5, Item E.

Attachment 'B'
RESOLUTION NO. 23-__

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN

APPROVING THE DONATION OF SURPLUS POLICE VEHICLE TO

NOW THEREFORE BE IT RESOLVED by the Kerman City Council as follows:

1. The foregoing recitals are incorporated by reference.

2. The City Council approves the donation of one (1) 2010 Ford Crown Victoria, Vin No. 2FABP78V1AX132389 to the Kerman Unified School District.

The foregoing resolution was approved by the City Council of the City of Kerman at a regular meeting held on the 27
th day of September 2023, and passed at said meeting by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

The foregoing resolution is hereby approved.
________________________
Maria Pacheco
Mayor
ATTEST:
_______________________
Marci Reyes
City Clerk
32 Section 5, Item E.

STAFF REPORT
MEETING DATE: September 27, 2023
PRESENTER: Theresa Johnson, Community Services Director SUBJECT: Approval of Contract No. 23-0121ARP Title III C1 Congregate Nutrition Site Management with the Fresno- Madera Area Agency on Aging (TJ) RECOMMENDATION: Council by motion adopt resolution approving Contract No: 23- 0121ARP Title III C1 Congregate Nutrition Site Management with the Fresno- Madera Area Agency on Aging and authorizing City Manager to execute contract.

EXECUTIVE SUMMARY:

The City of Kerman has received grant funds from the Fresno- Madera Area Agency on Aging (FMAAA) for senior service programs since 1981. The funding is made available to on an annual basis and City must reapply each year for the funds. This grant is from the U.S. Department of Health and Human Services passed through grantor FMAAA, Older Americans Act Title III C1 Congregate Nutrition, Federal CDFA No. 93.045. This resolution is an update to reaffirm annual execution of FMAAA Nutrition program contract.

The $23,250 FMAAA grant funds are used solely for in-center meals for those seniors who are in the most need of a nutritious meal. The amount offsets labor expenditures of the full-time Senior Services Coordinator who manages the program on a daily basis, funds also help cover nutrition site supplies and other related expenses. While this amount has fluctuated over the years, the funds still supplement the operational costs to assure that senior residents of Kerman have a nutritionally balanced meal.

FISCAL IMPACT:

Annual FMAAA funds are essential in continuing the nutrition program at the Kerman Senior Center. The grant funding helps to provide supplies and offset staffing expenses.

ATTACHMENTS:

A. FMAAA YR 23-24 Award Letter
B. Resolution w/Exhibit
33 Section 5, Item F.

Agency on Aging
June 27, 2023 Change The Way You Age
Jeanna Burdine-Slaven, Senior Services Coordinator
City of Kerman
850 S. Madera Ave.

Kerman, CA 93630
Ms. Jeanna Burdine-Slaven,
The Fresno-Madera Area Agency on Aging's Governing Board has approved has approved an award of American Rescue Plan (ARP) funds to the City of Kerman as follows:

Contract no. 23-0121ARP, Title Ill Cl Congregate Nutrition, Site Management Kerman Senior Center $23,250 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 Stated Government or the Budget Acts of the appropriate fiscal years for the purpose of these programs.

Two set of contract documents are enclosed. Page i, Documents Required to Execute Contract, is included as a guide for contract completion. We will provide contract components that are available in electronic format via e-mail. Please provide two complete and signed sets of the contract documents to our office at your earliest convenience.

Pending finalization of the fiscal year 2022-2023 contract, this letter will serve as your authority to provide the Title Ill Cl Congregate Nutrition Site Management Program with the City of Kerman under contract no. 23-0121ARP as of July 1, 2023. The authority contained herein expires September 30, 2023, or when the contract is fully executed, whichever comes first.

Please contact me at 559-319-0863 with any questions.

Sincerely, �e�
Program Director
Fresno-Madera Area Agency on Aging
Mailing Address: 2037 W. Bullard Avenue, #512 • Fresno, CA 93711 Phone 559.214.0299 • Fax 559.243.5651 • Email [email protected] Attachment 'A'
34 Section 5, Item F.

Attachment ‘B’
RESOLUTION NO. 23-__

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN
APPROVING CONTRACT NO: 23-0121 APR TITLE III C1 CONGREGATE NUTRITION

SITE MANAGEMENT WITH THE FRESNO-MADERA AREA AGENCY ON AGING

AND AUTHORIZING CITY MANAGER TO EXECUTE
WHEREAS, the City of Kerman Parks, Recreation, and Community Services Department provides senior services to older adult citizens age 60 years and older at congregate meal site program known as the Kerman Senior Center; and
WHEREAS, the Fresno-Madera Area Agency on Aging (FMAAA) provides Title III of the Federally Funded Older Americans Act program funding that supports these activities: and WHEREAS, the FMAAA annually prepares a contract (Exhibit ‘A’) with the City that delineates the responsibilities of each party as they pertain to Site Management of Senior Services; and
WHEREAS, the City Council of the City of Kerman wishes to enter a new agreement with the Fresno-Madera Area Agency on Aging.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KERMAN HEREBY RESOLVES as follows:

1. The foregoing recitals are true and correct and incorporated by reference.

2. The Council approves Contract No: 23-0121 Apr Title III C1 Congregate Nutrition Site Management with the Fresno-Madera Area Agency on Aging (FMAAA) and authorizes the City Manager to execute the agreement and all necessary supporting documents.

3. This resolution is effective upon adoption.

The foregoing resolution was introduced at a regular meeting held on the 27th day of September 2023, and passed at said meeting by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

The foregoing resolution is hereby approved.
_________________________
Maria Pacheco
ATTEST: Mayor
__________________________
Marci Reyes
City Clerk
35 Section 5, Item F.

American Rescue Plan Act Grant Award 3 FY 2023-2024
Terms and Conditions Declaration

FRESNO-MADERA AREA AGENCY ON AGING

AMERICAN RESCUE PLAN ACT GRANT AWARD

TERMS AND CONDITIONS DECLARATION
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. This Agreement incorporates the terms and conditions which support an award of American Rescue Plan Act Funds.

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 American Rescue Plan Act Agreement; American Rescue Plan Act 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. “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.

E. “CCR” means California Code of Regulations.

F. “CFR” means Code of Federal Regulations.

G. “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 §200.1 and 45 CFR §75.2) Exhibit 'A'
36 Section 5, Item F.

American Rescue Plan Act Grant Award 4 FY 2023-2024
Terms and Conditions Declaration
H. “In-Kind Contributions” means the value of non-cash contributions donated to support the project or program (e.g. property, service, etc.).

I. “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.

J. “OAA” means Older Americans Act.

K. “OMB” means the federal Office of Management and Budget.

L. “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 contractsupported activities.

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

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

N. “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 §200.1 and 45 CFR §75.2).

O. “Recoverable cost” means the questioned cost identified from an audit.

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

R. “Subcontract” means any form of legal agreement between the Contractor and the Subcontractor, including an agreement that the Contractor or 37 Section 5, Item F.

American Rescue Plan Act Grant Award 5 FY 2023-2024
Terms and Conditions Declaration
Subcontractor would consider to be a contract, including vendor type Agreements for providing goods or services under this Agreement.

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

T. “USC” means United States Code.

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

V. 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. The Older Americans Act of 1965 and Amendments of 2020 (OAA as amended) and other applicable federal statutes and their implementing regulations.

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

3. Contract Agreement, including American Rescue Plan Act Grant Award Terms and Conditions Declaration, all Appendices, all Exhibits, and any amendments thereto.

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

5. Program memos and other guidance issued by the California Department of Aging, including those specific to American Rescue Plan Act funding.

W. American Rescue Plan Act means the American Rescue Plan Act of 2021 (P.L. 117-2) signed into federal law on March 11, 2021.

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. 38 Section 5, Item F.

American Rescue Plan Act Grant Award 6 FY 2023-2024
Terms and Conditions Declaration
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 fortyfive (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 FresnoMadera 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, 2023, through June 30, 2024, 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 one additional one-year period subject to annual renegotiation and availability of American Rescue Plan Act funding.

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

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

ARTICLE V. ASSURANCES
39 Section 5, Item F.

American Rescue Plan Act Grant Award 7 FY 2023-2024
Terms and Conditions Declaration
A. Agreement Authorization

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

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

B. Administration

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

2. The Contractor shall ensure that any subcontractors providing services under this Agreement shall be of sound financial status.

Any subcontracting private entity or JPA shall be in good standing with the Secretary of State of California and shall maintain that status throughout the term of the Agreement.

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

4. This Agreement is not assignable by the Contractor, either in whole or in part, without the written consent of the Agency on Aging in the form of a formal written amendment.
40 Section 5, Item F.

American Rescue Plan Act Grant Award 8 FY 2023-2024
Terms and Conditions Declaration

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.
41 Section 5, Item F.

American Rescue Plan Act Grant Award 9 FY 2023-2024
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 The Contractor agrees to administer this Agreement and require any subcontractors to administer their subcontracts in accordance with this Agreement, and with all applicable local, State, and federal laws and regulations including, but not limited to, discrimination, wages and hours of employment, occupational safety, and to fire, safety, health, and sanitation regulations, directives, guidelines, and/or manuals related to this Agreement and resolve all issues using good administrative practices and sound judgment. The Contractor and its subcontractors shall keep in effect all licenses, permits, notices, and certificates that are required by law.

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

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

2. The Contractor shall make every effort to meet the goals and objectives stipulated in this Agreement. Performance shall not be unilaterally reduced or otherwise changed without prior consultation with, and written approval of, the Agency on Aging. A service unit reduction that impacts the Agency’s ability to provide service levels defined in its Area Plan or Area Plan Update service unit objectives requires:
a. Written approval from the California Department of Aging to the Agency on Aging if such reduction is greater than ten percent (10%).
b. An Amendment to the Agency on Aging’s Area Plan if such reduction is greater than twenty percent (20%), including a public hearing; approval by the Agency’s Governing Board and Advisory Council chairpersons and the Agency’s Executive 42 Section 5, Item F.

American Rescue Plan Act Grant Award 10 FY 2023-2024
Terms and Conditions Declaration
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]
43 Section 5, Item F.

American Rescue Plan Act Grant Award 11 FY 2023-2024
Terms and Conditions Declaration

3. California Civil Rights Laws (Public Contract Code §2010) a. For contracts of $100,000 or more, executed or renewed after January 1, 2017, the Contractor certifies compliance with the Unruh Civil Rights Act (Section 51 of the Civil Code) and the Fair Employment and Housing Act (Section 12960 of the
Government Code).
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 Integrity and Security

1. Information Assets
The Contractor, and its Subcontractors/Vendors, shall have in place operational policies, procedures, and practices to protect Agency on Aging information assets, including those assets used to store or access Personal Health Information (PHI), Personal Information (PI) and any information protected under the Health Insurance Portability and Accountability Act (HIPAA), (i.e., public, confidential, sensitive and/or personal identifying information) herein referred to as Personal, Sensitive and Confidential Information (PSCI) as specified in the State Administrative Manual, 5300 to 5365.3; Cal. Gov. Code §11019.9, DGS Management Memo 06-12; DOF Budget Letter 06- 34; CDA Program Memorandum 07-18, Protection of Information Assets; and the Statewide Health Information Policy Manual.

Information assets include, but are not limited to:
44 Section 5, Item F.

American Rescue Plan Act Grant Award 12 FY 2023-2024
Terms and Conditions Declaration
a. Information collected and/or accessed in the administration of Agency on Aging programs and services.
b. Information Assets may be in hard copy or electronic format and may include, but are not limited to:
1) Reports;
2) Notes;
3) Forms;
4) Computers, laptops, cellphones, printers, scanners;
5) Networks (LAN, WAN, WIFI), servers, switches, routers; 6) Storage media, hard drives, flash drives, cloud storage; 7) Data, applications, databases.

2. Encryption of Computing Devices
The Contractor, and its subcontractors/Vendors, are required to use 128-Bit encryption for PSCI data that is collected and stored on all computing devices (including but not limited to, workstations, servers, laptops, personal digital assistants, notebook computers and backup media) and/or portable electronic storage media (including but not limited to, discs, thumb/flash drives, portable hard drives, and backup media).
a. Use of portable electronic storage media (including, but not limited to jump drives, thumb drives, and flash drives; portable hard drives; and CDs, DVDs, and other discs) is not allowed under this Agreement.

3. Disclosure
a. The Contractor, and its Subcontractors/Vendors, shall ensure that all PSCI is protected from inappropriate or unauthorized access or disclosure in accordance with applicable laws, regulations, and State and Agency on Aging policies. The requirement to protect information shall remain in force until superseded by laws, regulations, and State and Agency on Aging policies.
b. The Contractor, and its Subcontractors/Vendors, shall protect from unauthorized disclosure, PSCI such as names and other 45 Section 5, Item F.

American Rescue Plan Act Grant Award 13 FY 2023-2024
Terms and Conditions Declaration
identifying information concerning persons receiving services pursuant to this Agreement, except for statistical information not identifying any participant.
c. “Personal Identifying Information” shall include, but not be limited to: Name; identifying number; social security number; State driver’s license or State identification number; financial account numbers; and symbol or other identifying characteristic assigned to the individual, such as finger or voice print or a photograph.
d. The Contractor, and its Subcontractors/Vendors, shall not use PSCI above for any purpose other than carrying out the
Contractor’s obligations under this Agreement. The Contractor and its Subcontractors are authorized to disclose and access identifying information for this purpose as required by the Older Americans Act.
e. The Contractor, and its Subcontractors/Vendors, shall not, except as otherwise specifically authorized by law or required by this Agreement or court order, disclose any identifying information obtained under the terms of this Agreement to anyone other than the Agency on Aging without prior written authorization from the Agency on Aging. The Contractor may be authorized, in writing, by a participant to disclose identifying information specific to the authorizing participant.
f. The Contractor, and its Subcontractors/Vendors, may allow a participant to authorize the release of information to specific entities, but shall not request or encourage any participant to give a blanket authorization or sign a blank release, nor shall the Contractor accept such blanket authorization from any
participant.

4. Privacy and Information Security Awareness Training
a. The Contractor’s employees, Subcontractors/Vendors, and volunteers handling PSCI must complete the required Privacy and Information Security Awareness Training module available on the CDA Web site under Providers and Partners, Information Security and Privacy, at the following URL:
https://www.aging.ca.gov/Information_security
b. Privacy and Information Security Awareness Training must be completed within thirty (30) days of the start date of the 46 Section 5, Item F.

American Rescue Plan Act Grant Award 14 FY 2023-2024
Terms and Conditions Declaration
Contract/Agreement; within thirty (30) days of the start date of any new employee, Subcontractor, Vendor, or volunteer’s employment; and annually thereafter.
c. The Contractor must maintain certificates of completion on file and provide them to the Agency on Aging and the California Department of Aging upon request.

5. Health Insurance Portability and Accountability Act (HIPAA) The Contractor agrees to comply with the privacy and security requirements of the Health Insurance Portability and Accountability Act (HIPAA) and ensure that Subcontractors/ Vendors comply with the privacy and security requirements of HIPAA.

6. Information Integrity and Security Statement
The Contractor shall sign and return to the Agency on Aging the Information Integrity and Security Statement (Appendix C of this agreement), which is hereby incorporated by reference, and shall comply with all statutes and laws contained in the statement. This is to ensure that the Contractor is aware of, and agrees to comply with, their obligations to protect CDA and Agency on Aging information assets, including PSCI, from unauthorized access and disclosure.

7. Security Incident Reporting
A security incident occurs when CDA and/or Agency on Aging information assets are or reasonably believed to have been accessed, modified, destroyed, or disclosed without proper authorization, or are lost or stolen. The Contractor and its Subcontractors/Vendors must report all security incidents to the Agency on Aging immediately upon detection. A Security Incident Report form (CDA 1025) must be submitted to the CDA Information Security Officer, via the Agency on Aging, within five (5) business days of the date the incident was detected. The Security Incident Report form (CDA 1025) is available on the CDA Web site at the following URL:
https://www.aging.ca.gov/Information_security

8. Security Breach Notifications
Notice must be given by the Contractor, and/or its Subcontractors/ Vendors, to anyone whose PSCI could have been breached in 47 Section 5, Item F.

American Rescue Plan Act Grant Award 15 FY 2023-2024
Terms and Conditions Declaration
accordance with HIPAA, the Information Practices Act of 1977, and State policy.

9. Software Maintenance
The Contractor shall apply security patches and upgrades and keep anti-virus software up-to-date on all systems on which State and/or Agency on Aging data may be used.

10. Electronic Backups
The Contractor, and its Subcontractors/Vendors, shall ensure that all electronic information is protected by performing regular backups of automated files and databases, and ensure the availability of information assets for continued business. The Contractor, and its Subcontractors/Vendors, shall ensure that all data, files, and backup files are encrypted.

11. Provisions of Information Integrity and Security
The provisions contained in Article V, Section H, Information Integrity and Security, shall be included in all contracts of both the Contractor and its Subcontractors/Vendors.

I. Copyrights

1. If any material funded by this Agreement 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 Section J of this Article.

2. The Contractor may request permission to copyright material by writing to the Executive Director of the Agency on Aging. The Executive Director shall forward such request to the State and shall relay the State’s response to the Contractor within sixty (60) days from the date of receipt of the State’s decision.

3. If the material is copyrighted with the consent of the State, 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 the author.

4. The Contractor certifies that it has appropriate systems and controls in place to ensure that funds provided under this Agreement will not be used in the performance of this Agreement for the acquisition, 48 Section 5, Item F.

American Rescue Plan Act Grant Award 16 FY 2023-2024
Terms and Conditions Declaration
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 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 clientspecific.

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.

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.

4. Materials published or transferred by the Contractor and financed with funds under this Agreement shall: (a) state “The materials or product were a result of a project funded by an Agreement with the Fresno-Madera Area Agency on Aging and the California
Department of Aging;” (b) give the name of the entity, the address, and telephone number at which the supporting data is available; and (c) include the following statement: “The conclusions and opinions expressed may not be those of the Agency on Aging and/or the California Department of Aging and this publication may not be based upon or inclusive of all raw data.”
49 Section 5, Item F.

American Rescue Plan Act Grant Award 17 FY 2023-2024
Terms and Conditions Declaration

5. The Contractor agrees to acknowledge the receipt of all funding support from the Agency on Aging in news releases (radio, television, and newspaper); printed materials such as brochures, pamphlets, newsletters; the Contractor’s Web site; and any other printed documents. Such acknowledgement shall make accurate reference to the service for which funding is provided, in whole or in part, by the Agency on Aging.

6. The Contractor shall forward a copy of all products and material developed in whole or in part with Agreement funds to the Agency on Aging for file.

K. Contracts in Excess of $100,000
If all funding provided herein exceeds $100,000, the Contractor shall comply with all applicable orders or requirements issued under the following laws:

1. Clean Air Act, as amended. [42 USC §7401]

2. Federal Water Pollution Control Act, as amended. [33 USC §1251 et seq.]

3. Environmental Protection Agency Regulations. [40 CFR §29] [Executive Order 11738]

4. State Contract Act. [California Public Contract Code §10295 et seq.]

5. Unruh Civil Rights Act. [California Public Contract Code §2010] L. 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 50 Section 5, Item F.

American Rescue Plan Act Grant Award 18 FY 2023-2024
Terms and Conditions Declaration
an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with this federal Agreement, grant, loan or cooperative agreement, the Contractor shall complete and submit Standard Form LLL, Disclosure Form to Report Lobbying, in accordance with its instructions.

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

M. 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.

N. 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.
51 Section 5, Item F.

American Rescue Plan Act Grant Award 19 FY 2023-2024
Terms and Conditions Declaration

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.

O. Facility Construction or Repair

1. This section applies only to Title III funds and not to other funds allocated to other Titles under the Older Americans Act. a. When applicable for purposes of construction or repair of facilities, the Contractor shall comply with the provisions contained in the following and shall include such provisions in any applicable agreements with subcontractors:
i) Copeland “Anti-Kickback” Act [18 USC §874,
40 USC §3145] [29 CFR §3];
ii) Davis-Bacon Act [40 USC §3141 et seq.] [29 CFR §5]; iii) Contract Work Hours and Safety Standards Act [40 USC §3701 et seq.] [29 CFR §5, 6, 7, 8]; and
iv) Executive Order 11246 of September 14, 1965, entitled “Equal Employment Opportunity” as amended by Executive
Order 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.

P. If this Agreement includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code, in accordance with Article 3.9 (commencing with Section 11349) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code.

Q. Grievance Process
52 Section 5, Item F.

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

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

3. Complaints may involve, but not be limited to, any or all of the following:
a. Amount or duration of a service.
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. 53 Section 5, Item F.

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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.

R. 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.

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

ARTICLE VI. FUNDS
A. Expenditure of Funds

1. The Contractor shall expend all funds received hereunder in accordance with this Agreement.

2. The Contractor shall comply with the standards and guidelines for procurement of supplies, equipment, and services as set forth in 45 CFR §92.36.
54 Section 5, Item F.

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3. The Contractor and its Subcontractor/Vendors shall comply with California Governor’s Executive Order 2-18-2011, which bans expenditures on promotional and marketing items colloquially known as “S.W.A.G.” or “Stuff We All Get.”

4. Travel Reimbursement
a. Any reimbursement by Contractor from funds provided under this Agreement for authorized travel and per diem shall be at rates not to exceed those paid by the State in accordance with the California Department of Human Resources (CalHR) rules and regulations.

In State:
 Mileage/Per Diem (meals and incidentals)/Lodging
https://www.calhr.ca.gov/employees/pages/travelreimbursements.aspx Out of State:
http://hrmanual.calhr.ca.gov/Home/ManualItem/1/2201
b. This is not to be construed as limiting the Contractor from paying any differences in costs, from funds other than those provided by this Agreement, 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 Agency on Aging and the State. [SCM 3.17.2.A(4)]

5. The Agency on Aging reserves the right to refuse payment to the Contractor or later disallow costs for any expenditure, as determined by the Agency on Aging to be noncompliant with this Agreement, unrelated or inappropriate to Agreement activities, or when inadequate supporting documentation is presented, or where prior approval was required but was not requested or not granted.

B. Accountability for Funds

1. The Contractor shall maintain accounting records for funds received under the terms and conditions of this Agreement. These records shall be separate from those for any other funds administered by the Contractor, and shall be maintained in accordance with Generally Accepted Accounting Principles and Procedures and the Office of Management and Budget’s Uniform Administrative Requirements, 55 Section 5, Item F.

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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 American Rescue Plan 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.

4. 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:
a. Financial Reporting.
b. Accounting Records.
c. Complete Disclosure.
d. Source Documentation.
e. Internal Control.
f. Budgetary Control.
g. Cash Management (written procedures).
h. Allowable Costs (written procedures).

C. Unexpended Funds

1. No later than January 1, 2024, the Contractor shall report to the Agency on Aging if any funds awarded through this Agreement will remain unexpended at the ending date of this Agreement.

2. The Agency on Aging shall request and receive from the Contractor release of funds awarded through this Agreement for an amount mutually agreed upon by both parties, not to exceed the estimated amount of unexpended funds. The Agency on Aging shall be 56 Section 5, Item F.

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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.

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.

D. 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.

3. 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.

4. If funding for any State or Agency on Aging fiscal year is reduced or deleted by the State, Legislature, or Congress for the purposes of this program, 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
57 Section 5, Item F.

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b. Offer a contract amendment to the Contractor to reflect the reduced funding for this Agreement.

5. The Agency on Aging reserves the right to increase and/or decrease funds available under this Agreement to reflect any restrictions, limitations, or conditions.

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

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

C. Indirect Costs

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

2. Contractors requesting reimbursement for indirect costs shall retain on file an approved indirect cost rate accepted by all federal awarding agencies or an allocation plan documenting the methodology used to determine the indirect costs.

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

4. For major Institutes of Higher Education and major nonprofit organizations, indirect costs must be classified within two broad categories: “Facilities” and “Administration.” “Facilities” is defined as depreciation on buildings, equipment and capital improvement, interest on debt associated with certain buildings, equipment and capital improvements, and operations and maintenance expenses. “Administration” is defined as general administration and general expenses such as the director’s office, accounting, personnel and all 58 Section 5, Item F.

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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 programs, Program Income must be spent before contract funds (except as noted in Section D.1.d of this Article) and may reduce the total amount of contract funds payable to the Contractor.
d. For American Rescue Plan Act Title III grant awards only, Program Income may 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.

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

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

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

F. Matching Contributions
59 Section 5, Item F.

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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 American Rescue Plan Act funded grants awarded by the Fresno-Madera Area Agency on Aging are determined as follows:
a. Title III B Supportive Services, Long-Term Care Ombudsman Program, Title III C1 Congregate Nutrition, C-1 Site
Management, and Title III C2 Home-Delivered Meals is twentyfive percent (25%). b. Title III E Family Caregiver Support Program is thirty percent (30%).
c. Title VII Elder Abuse Prevention; and Title III D Health Promotion – Evidence-Based: No match required.

3. Minimum matching requirements are calculated based on grant award amount, multiplied by the minimum matching contribution percentage set forth in the Terms and Conditions, Article VII, Section F, Subsection 2. For example, if the grant award was for $20,000, the minimum matching contribution was at 30 percent, then the matching requirement amount would be $6,000.

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.
60 Section 5, Item F.

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

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

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

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

G. Closeout

1. Contractor is required to submit the Financial Closeout Report for this Agreement and Fixed Assets Acquired through Grants with the Fresno-Madera Area Agency on Aging (FMAAA 32) to the Agency on Aging by July 15, 2024. If Agreement is terminated or cancelled prior to June 30, 2024, the Financial Closeout Report and FMAAA 32 shall be submitted to the Agency on Aging within fifteen (15) days of termination or cancellation of the Agreement.

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

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

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

C. The Contractor shall have no authority to contract for, or on behalf of, or incur obligations on behalf of the State of California or the Agency on Aging.
61 Section 5, Item F.

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D. The Contractor shall maintain on file copies of subcontracts, memorandums, and/or Letters of Understanding which shall be made available for review at the request of the Agency on Aging.

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

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

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

H. The Contractor shall ensure that the subcontractor will complete all reporting and expenditure documents requested by the Agency on Aging.

These reporting and expenditure documents shall be sent to the Contractor in a timely manner and at intervals as determined by the Agency on Aging.

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

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

ARTICLE X. RECORDS AND REPORTS
62 Section 5, Item F.

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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, 2023 through June 30, 2024 period of expenditures has occurred and an audit resolution has been issued or unless otherwise authorized in writing by the Agency on Aging or the California Department of Aging’s Audit and Risk Management Branch;
b. For such longer period, if any, as is required by applicable statute, by any other clause of this Agreement, or by Sections 3 and 4 of this Article; and
c. For such longer period as the Agency on Aging or the State deems necessary.

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

4. In the event of any litigation, claim, negotiation, audit exception, or other action involving the records, such records shall be maintained and kept available until every action has been cleared to the satisfaction of the Agency on Aging and the State and so stated in writing to the Contractor.
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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. After the authorized period has expired, confidential records shall be destroyed by shredding 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 fiscal and program data submitted to the Agency on Aging are timely, complete, accurate, and verifiable.

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

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

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

ARTICLE XI. PROPERTY
A. Unless otherwise provided for in this Article, property refers to all assets used in operation of this Agreement. Property includes land, buildings, improvements, machinery, vehicles, furniture, tools, intangibles, etc.

Property does not include consumable office supplies such as paper, pencils, toner cartridges, file folders, etc.
64 Section 5, Item F.

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

1. Has a normal useful life of at least one (1) year and has a unit acquisition cost of at least $500 (a desktop or laptop setup is considered a unit, if purchased as a unit).

2. All computing devices, regardless of cost (including, but not limited to, workstations, servers, laptops, personal digital assistants, notebook computers, tablets, smartphones, and cellphones). a. Purchase and use of portable electronic storage media (including, but not limited to jump drives, thumb drives, and flash drives; portable hard drives; and CDs, DVDs, and other discs) is not allowed under this Agreement.

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. The Contractor must submit a detailed listing of planned Equipment/Property purchases in its budget to the Agency on Aging (Schedule of Program/Site Supplies and Equipment Purchases, page 4 of Exhibit B, Budget). Please note an approved budget is not approval for equipment purchases. The Agency on Aging will notify the Contractor when the California Department of Aging has rendered an approval decision.

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

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

2. Title III E: On the Title III E Monthly Report of Expenditures (for the Family Caregiver Support Program) for the month in which the property was acquired.
65 Section 5, Item F.

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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 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.
66 Section 5, Item F.

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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 CDA.

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.

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 Agency on Aging or the CDA. 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. 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.
67 Section 5, Item F.

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

Q. 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.

R. 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. 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.

B. 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.

C. 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.

D. 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 68 Section 5, Item F.

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occurred and an audit resolution has been issued or unless otherwise authorized in writing by CDA or the Agency on Aging.

ARTICLE XIV. AUDIT REQUIREMENTS
A. General

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

2. Contractor shall make available all reasonable information necessary to substantiate that expenditures under this agreement are allowable and allocable, including, but not limited to accounting records, vendor invoices, bank statements, cancelled checks, bank/credit card statements, contracts and agreements, employee time sheets, purchase orders, indirect cost allocation plans.

Contractor shall agree to make such information available to the federal government, the State, the Agency on Aging, or any of their duly authorized representatives, including representatives of the entity selected by State to perform inspections, for examination, copying, or mechanical reproduction, on or off the premises of the appropriate entity upon a reasonable request.

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

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

B. CDA Fiscal and Compliance Audits

1. The CDA Audits and Risk Management Branch shall perform fiscal and compliance audits of Contractors in accordance with Generally Accepted Government Auditing Standards (GAGAS) to ensure 69 Section 5, Item F.

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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 $750,000 or more in federal funds shall arrange for an audit to be performed as required by the Single Audit Act of 1984, Public Law 98-502; the Single Audit Act Amendments of 1996, Public Law 104-156; 2 CFR §200.501 to 200.521; and 45 CFR §75.501 to 75.521. A copy shall be submitted to the Agency on Aging’s mailing address:

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

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

3. For purposes of reporting, the Contractor shall ensure that Statefunded expenditures are displayed discretely along with the related federal expenditures in the single audit report’s “Schedule of Expenditures of Federal Awards” (SEFA) under the appropriate Catalog of Federal Domestic Assistance (CFDA) number as referenced in Section L of this Article.
70 Section 5, Item F.

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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 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.).
71 Section 5, Item F.

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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 and 45 CFR §75.305.

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] 72 Section 5, Item F.

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

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

J. Requirements identified in this Article shall be included in Contractor’s contracts with Subcontractors. Further, the Contractor shall be required to include in its contract with the independent auditor that the auditor will comply with all applicable audit requirements/standards.

K. 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 agreedupon-procedures engagements are conducted in accordance with Generally Accepted Government Auditing Standards
(GAGAS) attestation standards, paid for and arranged by the pass-through entity, and limited in scope to one or more of the following types of compliance requirements: Activities allowed or 73 Section 5, Item F.

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not allowed; allowable costs/cost principles; eligibility; and reporting.

L. 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.

93.042 American Rescue Plan, 2021, Long-Term Care Ombudsman Older Americans Act Title VII Ombudsman

93.043 American Rescue Plan, 2021, Preventative Health Older Americans Act Title III-D

93.044 American Rescue Plan, 2021, Supportive Services Older Americans Act Title III-B

93.045 American Rescue Plan, 2021, Congregate Meals Older Americans Act Title III-C1

93.045 American Rescue Plan, 2021, Home Delivered Meals Older Americans Act Title III-C2

93.052 American Rescue Plan, 2021, Family Caregivers Older Americans Act Title III-E
“Cluster of programs” means a grouping of closely related programs that share common compliance requirements. The types of clusters of programs are research and development, student financial aid, and other clusters. “Other clusters” are defined by the consolidated CFR in the Compliance Supplement or as designated by a state for federal awards provided to its subcontractors that meet the definition of “cluster of programs.” When designating an “other cluster,” a state shall identify the federal awards included in the cluster and advise the subcontractors of compliance requirements applicable to the cluster. A “cluster of programs” shall be considered as one program for determining major programs, as described in 45 CFR §75.525(a), whether a program-specific audit may be elected. (Federal Office of Management and Budget, [45 CFR §75 Requirements], Audits of States, Local Governments [45 CFR §75 74 Section 5, Item F.

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Appendix V to Part 75 F.1], and Non-Profit Organizations [45 CFR §75 Appendix IV to Part 75 C.2.a])
M. The Contractor shall 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, 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 errors and omissions.

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 Department of General Services.

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.
75 Section 5, Item F.

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E. Insurance obtained through commercial carriers shall meet the following requirements:

1. The Certificate of Insurance shall include the Contract Number listed on page 1 of this Agreement and provide the statement:
“The Fresno-Madera Area Agency on Aging, its officers,
agents, employees, and servants are included as
additional insureds, with respect to work performed for the Fresno-Madera Area Agency on Aging under this
Agreement.”
Professional Liability coverage is exempt from this requirement.

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

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

G. A copy of each appropriate Certificate of Insurance, or letter of selfinsurance, 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 Labor Code and Contractor affirms to comply with such provisions before commencing the performance of the work of this Agreement. [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 FresnoMadera Area Agency on Aging, State of California, their officers, agents, and employees from any and all claims and losses occurring or resulting 76 Section 5, Item F.

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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 Contractor in the performance of this Agreement.

ARTICLE XVI. VOLUNTARY CONTRIBUTIONS
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. Voluntary Contribution letters sent to clients shall stipulate that contributions are voluntary and not required to receive service. Voluntary Contribution 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.
77 Section 5, Item F.

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

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. 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. 78 Section 5, Item F.

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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 Agency on Aging 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 45 CFR §92.12 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 79 Section 5, Item F.

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termination for cause, the termination shall take effect thirty (30) days subsequent to written notice to the Contractor.

3. In the event of termination for cause, the Agency on Aging may proceed with the work in any manner deemed proper by the State.

All costs to the Agency on Aging shall be deducted from any sum due the Contractor under this agreement and the balance, if any, shall be paid to the Contractor upon demand.

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

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

The Contractor shall:
a. Stop work as specified in the Notice of Termination; b. Place no further subcontracts for materials, or services, except as necessary to complete the continued portion of the contract; c. Terminate all subcontracts to the extent they relate to the work terminated;
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.

E. This contract will automatically terminate at the end of the one year contract award term, subject however, to an extension otherwise agreed to in writing, or to earlier termination or cancellation as herein provided. 80 Section 5, Item F.

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

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

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

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

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

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

B. Should either party during the term of this Agreement desire a revision, waiver or modification in this Agreement, such revision, waiver or modification shall be proposed in writing to the other party. The other party shall accept or reject the proposal within thirty (30) days of receipt of request. Once accepted, such revision may require an amendment through the Agency on Aging’s contract process to provide for the change mutually agreed to by the parties.

C. The Agency on Aging reserves the right to revise, waive, or modify the Agreement to reflect any restrictions, limitations, or conditions enacted by 81 Section 5, Item F.

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Congress or the Legislature or as directed by the Executive Branch of State Government.

D. 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 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.

ARTICLE XX. NOTICES
A. Any notice to be given hereunder by either party to the other may be effected by one of the following methods, provided Contractor retains receipt, and shall be communicated as of actual receipt: 1) Registered or certified mail, postage prepaid and return receipt requested; or 2) Overnight mail.

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

C. Each party may change its address originally provided in this Agreement by written notice to the other party in accordance with this Article. 82 Section 5, Item F.

Appendices Cover Page
• Type entries in highlighted boxes as indicated.
• Appendices are set up for two-sided printing. Blank pages have been inserted where needed to accommodate twosided printing. • Print two two-sided sets after typing entries, and obtain original signatures and dates on both sets where indicated. 83 Section 5, Item F.

APPENDIX A

RESOLUTION OF AUTHORIZATION TO CONTRACT
Resolution of Appendix A Revised June 2023
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 time period of this contract commencing July 1, 2023, and ending June 30, 2024, including any subsequent amendments and all necessary supporting documents.

Name of Chair (Please Print)
Governing Board
Signature of Chair
Governing Board
Date
City of Kerman
John Jansons, City Manager
Maria Pacheco
September 27, 2023
84 Section 5, Item F.

APPENDIX B

CONTRACTOR CERTIFICATION CLAUSES
Contractor Certification Appendix B – Page 1 Revised June 2023 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
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 City of Kerman 94-6000351
9/28/2023
John Jansons, City Manager
85 Section 5, Item F.

APPENDIX B

CONTRACTOR CERTIFICATION CLAUSES
Contractor Certification Appendix B – Page 2 Revised June 2023 Clauses
future State and Fresno-Madera Area Agency on Aging agreements if the department determines that any of the following has occurred: the Contractor has made false certification, or violated the certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et seq.)

3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against Contractor within the immediately preceding two-year period because of Contractor's failure to comply with an order of a Federal court, which orders Contractor to comply with an order of the National Labor Relations Board. (Pub. Contract Code §10296) (Not applicable to public entities.)

4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO REQUIREMENT:

Contractor hereby certifies that Contractor will comply with the requirements of Section 6072 of the Business and Professions Code, effective January 1, 2003.

Contractor agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services during each year of the contract equal to the lessor of 30 multiplied by the number of full time attorneys in the firm’s offices in the State, with the number of hours prorated on an actual day basis for any contract period of less than a full year or 10% of its contract with the State.

Failure to make a good faith effort may be cause for non-renewal of a state contract for legal services, and may be taken into account when determining the award of future contracts with the State 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 86 Section 5, Item F.

APPENDIX B

CONTRACTOR CERTIFICATION CLAUSES
Contractor Certification Appendix B – Page 3 Revised June 2023 Clauses
authorized officials of the contracting agency, the Department of Industrial Relations, or the Department of Justice to determine the contractor’s compliance with the requirements under paragraph (a).

7. DOMESTIC PARTNERS: For contracts of $100,000 or more, Contractor certifies that Contractor is in compliance with Public Contract Code section 10295.3.

8. GENDER IDENTITY: For contracts of $100,000 or more, Contractor certifies that Contractor is in compliance with Public Contract Code section 10295.35.

DOING BUSINESS WITH THE STATE OF CALIFORNIA
The following laws apply to persons or entities doing business with the State of California.

1. CONFLICT OF INTEREST: Contractor needs to be aware of the following provisions regarding current or former state employees. If Contractor has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification.

Current State Employees (Pub. Contract Code §10410):
1) No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment.
2) No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services.

Former State Employees (Pub. Contract Code §10411):
1) For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency. 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)) 87 Section 5, Item F.

APPENDIX B

CONTRACTOR CERTIFICATION CLAUSES
Contractor Certification Appendix B – Page 4 Revised June 2023 Clauses

2. LABOR CODE/WORKERS' COMPENSATION: Contractor needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Contractor affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700)

3. AMERICANS WITH DISABILITIES ACT: Contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)

4. CONTRACTOR NAME CHANGE: An amendment is required to change the Contractor's name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment.

5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:
a. When agreements are to be performed in the state by corporations, the contracting agencies will be verifying that the contractor is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled. b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will a corporate contractor performing within the state not be subject to the franchise tax.
c. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California. Agencies will determine whether a corporation is in good standing 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. 88 Section 5, Item F.

APPENDIX C

INFORMATION INTEGRITY AND SECURITY STATEMENT
Information Integrity and Appendix C – Page 1 Revised June 2023 Security Statement

CERTIFICATION
I hereby certify that I have reviewed this Confidentiality Statement and will comply with the Statements below.

Contractor/Vendor Name (Typed) Contract Number
Authorized Signature Date
Name and Title of Person Signing (Typed)
In compliance with California Government Code Section 11019.9, California Civil Code Section 1798 et seq., Management Memo 06-12, and Statewide Information Management Manual (SIMM) 5300, the California Department of Aging (CDA) hereby requires the Contractor/Vendor to:

ACKNOWLEDGE:
 Any wrongful access, inspection, use, or disclosure of Personal, Confidential or Sensitive Information (PSCI) is a crime and is prohibited under state and federal laws, including but not limited to California Penal Code Section 502, California Government Code Section 15619, California Civil Code Sections 1798.53 and 1798.55, and the Health Insurance Portability and Accountability Act.  Any wrongful access, inspection, use, disclosure, or modification of PSCI information may result in termination of this Agreement.

MEET THE FOLLOWING REQUIREMENTS:
 PSCI information shall be protected from disclosure in accordance with all applicable laws, regulations, and policies.
 PSCI data be protected by authorized access using the principles of least privilege.
 Any occurrence that actually or potentially jeopardizes the confidentiality, integrity, or availability of an information system or the information the system processes, stores, or transmits or that constitutes a violation or imminent threat of violation of security policies, security procedures or acceptable use policies will immediately be reported to the Fresno-Madera Area Agency on Aging and a City of Kerman 23-0101ARP
9/28/2023
John Jansons, City Manager
89 Section 5, Item F.

APPENDIX C

INFORMATION INTEGRITY AND SECURITY STATEMENT
Information Integrity and Appendix C – Page 2 Revised June 2023 Security Statement
Security Incident Report form (CDA 1025A and 1025B) must be submitted to the CDA Information Security Officer, via the Agency on Aging, within five (5) business days of the date the incident was detected.
 All access codes which allow access to confidential information will be properly safeguarded.
 Obligations to protect PSCI information obtained under this Agreement will continue after termination of the Agreement with the Fresno-Madera Area Agency on Aging.
 All employees/subcontractors of the Contractor/Vendor will complete the required Privacy and Information Security Awareness Training module within 30 days of the start date of the Agreement or within 30 days of the start date of any new employee or subcontractor. This training must be completed annually. The training is located online at https://aging.ca.gov/Information_security.  All employees/subcontractors of the Contractor/Vendor must comply with CDA’s confidentiality and data security requirements as outlined in Article V, Section H, Information Integrity and Security, of this Agreement.
 All employees/subcontractors of the Contract/Vendor must comply with the encryption and self-certification requirements as outlined in Article V, Section H, Information Integrity and Security, of this Agreement.

CERTIFY
To protect PSCI information by:
 Accessing, inspecting, using, disclosing or modifying PSCI information only for the purpose of performing official duties.
 Never accessing, inspecting, using, disclosing, or modifying PSCI information for curiosity, personal gain, or any non-business-related reason.  Securing PSCI information in approved locations.
 Never removing PSCI information from the work site without authorization.  Meets the encryption requirements in Article V, Section H, Information Integrity and Security, of this Agreement.
 Is in full compliance with the 128 Encryption requirements.  Is not in compliance with the 128 Encryption requirements and will achieve compliance by the following date: _________ __, ____.
✔
90 Section 5, Item F.

APPENDIX D

METHOD OF PROVIDING AUDIT COMPLIANCE
Method of Providing Appendix D Revised June 2023
Audit Compliance
The service provider shall indicate which method of providing audit compliance to the Fresno-Madera Area Agency on Aging (Agency on Aging) will be in force during this Agreement.
• Review Article XIV of this Agreement (Audit Requirements). • Place a check mark in the appropriate box below:

An independent audit shall be performed in accordance with the requirements of 2 CFR §200, Subpart F - Audit Requirements, and 45 CFR §75, Subpart F - Audit Requirements, and a copy submitted to the Agency on Aging.

An independent audit shall be performed and a copy submitted to the Agency on Aging.

All supporting documentation shall be submitted to the Agency on Aging for review along with any request for reimbursement.

Enter Fiscal Year Ending Date
Month Day Year
✔
June 30 2024
91 Section 5, Item F.

APPENDIX E

REQUIRED REPORTS AND DUE DATES
Required Reports & Due Dates Appendix E – Page 1 Revised June 2023 Fiscal Reports
*Expenditure Reports by Program
Title III B, Title III C, Title III D, and Title VII Programs Due 15th of each month  Monthly Report of Expenditures and
Donations Revenue
Title III E Family Caregiver Support Program Due 15th of each month  Title III E Monthly Report of Expenditures
Health Insurance Counseling and Advocacy Program Due 15th of each month  HICAP Monthly Report of Expenditure/Request for Funds (CDA 245) Long-Term Care Ombudsman Program Due 15th of each month  Budget Summary/Monthly Expenditure Report & Request for Funds, Special Deposit Fund & Skilled Nursing Facility Quality and Accountability Fund (CDA-OMB-300) * Payments are made by the last day of the month for accurate expenditure reports received by the due date. Late or inaccurate expenditure report submissions will result in delay of payments until reporting requirements have been met.

Additional Fiscal Reports – All Programs
• Final Budget Revisions
o Due by March 15, 2024
• Annual Financial Close Out Report and FMAAA 32, Fixed Assets Acquired through Grants with the Fresno-Madera Area Agency on Aging
o Due by July 15th with exception of HICAP
 1
st HICAP Financial Closeout Report for federal funds from July 1-March 31 due by April 30th
 2
nd HICAP Financial Closeout Report for State funds from July 1-June 30 and Federal funds from April 1-June 30 due by July 30th
• Copy of Audit, as required by contract
o Due within 30 days after receipt of auditor’s report, or nine months after end of audit period, whichever is earliest
• Request to Dispose of Property (FMAAA 248)
o Due within 5 days of the loss, destruction, or theft of property, or if the property will no longer be used for the contracted program
92 Section 5, Item F.

APPENDIX E

REQUIRED REPORTS AND DUE DATES
Required Reports & Due Dates Appendix E – Page 2 Revised June 2023 Program Reports
Monthly Service Unit Report (Form 186M)
Due 7th working day of month:
 Title III B Adult Day Care
o Attach Q Monthly Service Roster, associated Client Intake Forms, and Client Deactivation Request
 Title III B Legal Assistance
 Title III B Transportation
 Title III D Health Promotion
 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
*Monthly Title III C and ARP Grant Elderly Nutrition Program Reports Due 7th working day of month:
 Q Monthly Service Roster with client signatures and a “1” entered for each meal  Daily Sign-In Sheets with initials entered by client for each meal  Associated Client Intake Forms (originals; must be completed July 1, 2021 or later)  Client Deactivation Request
 Nutrition Volunteer Summary Report
 Food Preparation Center Food Service Check Sheet
*See Policy and Procedure Manual, provided to Site Coordinator, for full instructions Quarterly Reports
Due 15th of month following reporting period:
 Title III B California Legal Services Quarterly Aggregate Report (CDA 1022) through 4Q FY 21-22.
 Title VII (b) Elder Abuse Prevention Quarterly Activity Report (CDA 1037) 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 93 Section 5, Item F.

APPENDIX F

FRESNO-MADERA AREA AGENCY ON AGING SANCTION POLICY
Sanction Policy Appendix F – Page 1 Revised June 2023
I. At-Risk Designation
Title 45 of the Code of Federal Regulations (45 CFR), sections 74.14 and 92.12, defines factors that determine if an Agreement with a Contractor is at risk. In accordance with 45 CFR, the Fresno-Madera Area Agency on Aging (Agency on Aging) may consider an Agreement with a Contractor to be at-risk if the Agency on Aging determines that the Contractor:

A. Has a history of unsatisfactory performance, for which examples include, but are not limited to:

1. Grant funds are not obligated properly, are not disbursed, or are not spent for the contracted purpose;

2. Financial reports do not include program income and the required match of funds;

3. The quantity of service units provided is less than 95% of 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;
94 Section 5, Item F.

Sanction Policy Appendix F – Page 2 Revised June 2023

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:
95 Section 5, Item F.

Sanction Policy Appendix F – Page 3 Revised June 2023
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).
96 Section 5, Item F.

APPENDIX G

FRESNO-MADERA AREA AGENCY ON AGING

APPEAL PROCEDURE FOR SERVICE PROVIDERS
Appeal Procedure Appendix G – Page 1 Revised June 2023
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 termination 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. Method of Notification
A. The 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, or by personal delivery in writing.

B. Notices to the Agency on Aging shall be addressed to the Fresno-Madera Area Agency on Aging, 2037 W. Bullard Ave., #512, Fresno, CA 93711. 97 Section 5, Item F.

Appeal Procedure Appendix G – Page 2 Revised June 2023
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. The 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. Process
A. The 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. The 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. If 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. The 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. Review 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 98 Section 5, Item F.

Appeal Procedure Appendix G – Page 3 Revised June 2023
for Service Providers

3. Provide written notification of its determination to the service provider.

E. If 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 the Agency on Aging Governing Board does not accept and implement the Executive Committee’s recommendation to grant the service provider’s appeal:

1. The 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. Upon 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. The hearing before the Agency on Aging Governing Board shall consist of:
a) Receipt 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
99 Section 5, Item F.

Appeal Procedure Appendix G – Page 4 Revised June 2023
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. At the conclusion of the hearing, the Agency on Aging Governing Board shall vote to accept or deny the service provider’s appeal. a) If 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.
100
Section 5, Item F.

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
Fresno-Madera Area Agency on Aging Appendix H Revised June 2023 Contact List for Service Providers
Jamie Sharma – Ext. 500
Executive Director
Email : [email protected]
Fax : (559) 243-5918
Paul Bustamante – Ext. 501
Director of Finance
Email: [email protected]
Fax: (559) 243-5918
Vacant– Ext. 401
Finance Manager
Email: Fax: (559)
243-5918
Hillaree Bennett- Ext. 102
Program Director
Email:
[email protected]
Fax: (559) 243-5918
Stephanie Jenkins – Ext. 203
Nutrition Program Manager
Email: [email protected]
Fax: (559) 243-5918
101
Section 5, Item F.

APPENDIX I

FRESNO-MADERA AREA AGENCY ON AGING

EMERGENCY CONTACT INFORMATION
Fresno-Madera Area Agency on Aging Appendix I Revised June 2023 Emergency Contact Information
Information and Assistance: (559) 214-0299
(800) 510-2020
Executive Director,
Emergency Coordinator,
and Public Relations Officer
Virtual Office Mailing
Address:

Office Phone:

Jamie Sharma
2037 W. Bullard Ave. #512
Fresno, CA 93711
(559) 214-0299
Program Director,
Alternate Emergency
Coordinator
Virtual Office Mailing
Address:

Office Phone:

After Hours Phone:

Hillaree Bennett
2037 W. Bullard Ave. #512
Fresno, CA 93711
(559)319-0863
(559) 308-6267
102
Section 5, Item F.

APPENDIX K

REQUEST FOR TAXPAYER IDENTIFICATION NUMBER AND CERTIFICATION Request for Taxpayer Identification Appendix K Revised June 2023 Number and Certification (IRS Form W-9)
Please complete and sign Internal Revenue Service Form W-9, which is provided on the next page.

Please return only the signature page (page 1). Pages 2-6 are provided for your information only.
103
Section 5, Item F.

Elderly Nutrition Program Exhibit A – Page 1 FY 23-24
Site Management

EXHIBIT A

TITLE III PROGRAM EXHIBIT
Title III C1 – Elderly Nutrition Program Site Management I. Definitions Specific to Title III Programs:

A. Program Requirements is defined as Title III program requirements found in the Older Americans Act (OAA) [42 USC §3001-3058]; the Code of Federal Regulations (CFR) [45 CFR §1321]; the California Code of Regulations (CCR) [22 CCR §7000 et seq.]; California Department of Aging Program Memoranda; and California Retail Food Code (CRFC).

B. Title III C1 Congregate Nutrition Services is defined as nutrition services for older individuals in a congregate setting. Services include meals, nutrition and health promotion education, health promotion programs, nutrition risk screening, and opportunities for socialization.

Each meal shall provide one-third (1/3) of the Dietary Reference Intakes (DRI), and comply with the most current Dietary Guidelines for Americans.

To be an eligible Title III C1 congregate nutrition site, the site must meet all of the following criteria [22 CCR §7638.7(a)]:

1. Be open to the public [45 CFR §1321.53(b)(3)].

2. Not means test [OAA §315(b)(3)].

3. Provide participants the opportunity to make voluntary contributions and not deny service for not contributing to the cost of the service [OAA §315(b)(4), 22 CCR §7638.9].

4. Not receive funds from another source for the cost of the same meal, equipment, or services [2 CFR §200.403(f), 45 CFR §75.403(f)].

C. Title III C2 Home-Delivered Nutrition Services is defined as nutrition services provided to frail, homebound, or isolated older individuals including meals, nutrition and health promotion education, and nutrition risk screening. Each meal shall provide one-third (1/3) of the Dietary Reference Intakes (DRI), and comply with the most current Dietary Guidelines for Americans. [22 CCR §7135, 22 CCR §7638.7(c)]. 104
Section 5, Item F.

Elderly Nutrition Program Exhibit A – Page 2 FY 23-24
Site Management
D. Eligible Service Population is defined as individuals 60 years of age or older, with emphasis on those in economic and social need with particular attention to low income minority individuals, individuals with limited English proficiency, and older individuals residing in rural areas. [OAA §305(a)(2)(E); 22 CCR §§7125, 7127, 7130, 7135].

E. Site Management is defined as 1) oversight and responsibility for the dayto-day operations of an Elderly Nutrition Program nutrition site with respect to meals; 2) oversight of and responsibility for Elderly Nutrition Program staff and volunteers, including provision of required program training; 3) collection of required Elderly Nutrition Program data from program participants; 4) keeping records and preparing reports concerning meals ordered and served, nutrition volunteer hours, and donations; and 5) ensuring the Elderly Nutrition Program nutrition site meets all federal, state, and local regulations, including applicable licensing laws and ordinances related to food service operations and sanitation.

F. CRFC means the California Retail Food Code, which is a uniform statewide health and sanitation standard for food facilities, found in Section 113700 et seq., California Health and Safety Code.

G. Urban, for purposes of this Agreement, is defined as: 1) urbanized areas (a central place and its adjacent densely settled territories with a combined minimum population of 50,000; and 2) and incorporated place or a census designated place with 20,000 or more inhabitants. A rural area is any area that is not defined as urban.

H. Eligible Participant is defined as:

1. Congregate Meals: Individuals eligible to receive a meal at a congregate nutrition site are:
a. Any older individual (sixty (60) years of age or older). b. The spouse of any older individual.
c. A person with a disability, under age sixty (60) who resides in housing facilities occupied primarily by older individuals at which congregate nutrition services are provided.
d. A disabled individual who resides at home with and
accompanies an older individual who participates in the program.

[22 CCR §7638.7(a)(1)-(4)]
105
Section 5, Item F.

Elderly Nutrition Program Exhibit A – Page 3 FY 23-24
Site Management

2. Volunteer Meals
a. The Contractor may offer a meal to a volunteer under age sixty (60), if doing so will not deprive an individual age sixty (60) or older of a meal. [22 CCR §7636.9(b)(3);
CCR §7638.7(b); and OAA §339(H)]
b. The Contractor shall develop and implement a written policy for providing and accounting for volunteer meals.
[22 CCR §7638.7(b)(2)]

3. Home-Delivered Meals: Individuals eligible to receive a homedelivered meal are:
a. Any individual 60 years of age or older who is frail, homebound, or isolated by reason of illness, disability, or isolation. [22 CCR §7638.7(c)(1)] These individuals shall be given priority in the delivery of services. [45 CFR
§1321.69(a)]
i. Frail means that an older individual is determined to be functionally impaired because the individual either:
1) Is unable to perform at least two activities of daily living, including bathing, toileting, dressing,
feeding, breathing, transferring, and mobility and
associated tasks, without substantial human
assistance, including verbal reminding, physical
cueing, or supervision; [22 CCR §7119(a)] or
2) Due to a cognitive or other mental impairment,
requires substantial supervision because the older
individual behaves in a manner that poses a
serious health or safety hazard to the individual or
to others. [22 CCR §7119(b)]
b. A spouse of an eligible individual as described in item H.3.a above, regardless of age or condition, if an assessment concludes that it is in the best interest of the homebound older individual. [22 CCR §7638.7(c)(2)]
c. An individual with a disability who resides at home with older individuals, if an assessment concludes that it is in the best interest of the homebound older individual who participates in the program. [22 CCR §7638.7(c)(3)]
106
Section 5, Item F.

Elderly Nutrition Program Exhibit A – Page 4 FY 23-24
Site Management
I. Current Meal Rate is defined as the current vendor meal rate plus an additional amount established by the Fresno-Madera Area Agency on Aging (Agency on Aging) to recover costs associated with this process.

J. Eligible Meal is defined as meals served to an eligible participant which provide one-third (1/3) of the Dietary Reference Intakes (DRI), and complies with the most current Dietary Guidelines for Americans.

K. Individual with a Disability is defined as an individual with a disability, as defined in Section 3 of the Americans with Disabilities Act of 1990 (42 USC §12102), who is not less than age 18 and not more than age 59. [OAA §372(a)(2)]
L. Volunteer means an individual who provides services without pay, but may receive reimbursement for expenses, and who has been provided with orientation and Agency on Aging mandated training in compliance with Title 22, CCR §7635.5.

II. Scope of Work
The service provider is charged with providing site management services to the “eligible service population” within the service provider’s area of influence as specified in Exhibit E, Item 2 of this Agreement.

A. Assurances

1. The service provider will comply with all the Program Requirements and those required under the California Retail Food Code (CRFC).

2. Meal Count Allocation
a. The service provider will be charged at the current
established meal rate for all meals ordered in excess of the number of eligible meals served to the Eligible Participants within the Title III C program. Participant eligibility is as defined in Title 22, CCR, Article 5, §7638.7.
b. The Agency on Aging reserves the right to allocate meal quantities for the Elderly Nutrition Program. The service provider may be held financially responsible, at the Current Meal Rate, for all meals ordered which exceed the site’s assigned allocation. The Agency on Aging has the option to increase or decrease the meal target allocations to individual sites in the event of changes in available funding, or
changes in average service levels at individual meal sites. 107
Section 5, Item F.

Elderly Nutrition Program Exhibit A – Page 5 FY 23-24
Site Management
c. Only those meals that are served to an eligible participant which provide one-third (1/3) of the Dietary Reference
Intakes (DRI), and comply with the most current Dietary Guidelines for Americans, are allowable and counted as
meals served.

3. Site Management Responsibilities
In compliance with Title 22, CCR, Article 5, and the Agency on Aging Nutrition Policies and Procedure Manual provided to the service provider’s site coordinator, the service provider will:
a. Assure accurate and timely completion of Client Intake forms, client rosters, daily meal sign-in sheets, Client Deactivation requests, and Nutrition Volunteer Summary reports for the Congregate and Home-Delivered Meals programs;
b. Verify and order meal counts for Congregate (C1) and Home-Delivered (C2) meals no later than 12:00 noon the
business day prior to the service day;
c. Monitor daily meal service numbers to maintain total monthly meals ordered near or at allocation levels (however, this is not to be construed that the service provider is precluded from serving above allocation levels assigned by the Agency on Aging by using donations or other sources of revenue to supplement the number of meals;
d. Comply with all Title III C Program and CRFC requirements for client eligibility, and meal service safety and sanitation practices;
e. Maintain separate and verifiable records of all program income and expenses for Congregate (C1) and HomeDelivered (C2) meals (all donations received from C1 clients must be expended on C1 costs, and all donations received from C2 clients must be expended on C2 costs);
f. Assess new and continuing home-delivered meal clients for program eligibility. Reassessments of home-delivered meal clients are to be completed quarterly, alternating two inhome visits per year with two telephone reassessments; g. Assess new and continuing Congregate Meals clients for program eligibility. Congregate Meals client reassessments are to be conducted at least once during each fiscal year. 108
Section 5, Item F.

Elderly Nutrition Program Exhibit A – Page 6 FY 23-24
Site Management
h. Ensure client records are available only to authorized service staff assisting the individual, and keep client records in a secure, locked file cabinet to protect client confidentiality. i. Recruit volunteers as needed to provide in-center services for the Congregate (C1) and Home-Delivered (C2) Meals
programs, and provide orientation, training, and supervision.

A minimum of four hours of training shall be provided
annually for all volunteer food service staff, to include, at a minimum:
i) Food safety, prevention of foodborne illness, and
Hazard Analysis and Critical Control Points (HACCP)
principles.
ii) Accident prevention, instruction on fire safety, first aid, choking, earthquake preparedness, and other
emergency procedures.
j. Identify and make known available services to eligible individuals through outreach efforts in their community; k. Attend Agency on Aging Site Management in-service training meetings as required;
l. Comply with all Agency on Aging monthly memos and other Agency on Aging correspondence;
m. Procure and maintain food service and cleaning supplies inventories;
n. Post menus in a location easily seen by participants at each congregate meal site; ensure menus are legible and easy to read in the language of the majority of the participants; and ensure menus are available in large print;
o. Not preclude the service of a congregate meal to a
participant who has failed to make a reservation, when food is available;
p. Have a paid staff member, or volunteer, designated to be responsible for the day-to-day activities at each congregate meal site, and physically be on-site during the time that Elderly Nutrition Program activities are taking place;
q. Have restrooms, lighting, and ventilation which meet the requirements of the CRFC;
109
Section 5, Item F.

Elderly Nutrition Program Exhibit A – Page 7 FY 23-24
Site Management
r. Include procedures for obtaining the views of Congregate Meals Program participants about the services received; s. Have equipment at congregate meal sites, including tables and chairs, that are sturdy and appropriate for older
individuals. Tables shall be arranged to assure ease of access and encourage socialization;
t. Provide a welcoming, pleasant dining environment for congregate meals that affords older adults an opportunity for socialization with their peers and enhancement of a healthy and enriching lifestyle; and
u. Observe any physical or emotional changes in participants’ conditions and report any cases of known or suspected elder abuse to local law enforcement.

B. Additional Assurances

1. Facilities shall be properly maintained by the service provider with regards to repairs and maintenance, cleanliness, accessibility, etc.

2. The service provider must submit the reports specific to this program as listed in Appendix E of this Agreement.

3. All reports required by the Agency on Aging must be submitted by the due dates listed in Appendix E of this Agreement.

4. The service provider shall have a plan to ensure accuracy of data from all levels. This plan shall include a method for the service provider to verify the accuracy of their data prior to submission to the Fresno-Madera Area Agency on Aging.

5. The service provider shall name Fresno-Madera Area Agency on Aging (FMAAA) in any promotional events and/or brochures when promoting the congregate senior nutrition program.
a. Example 1: “This program is partially funded by the
Fresno-Madera Area, Agency on Aging”
b. Example 2: Thank you to the Fresno-Madera Area
Agency on Aging for the partial funding of our
congregate senior nutrition program.
110
Section 5, Item F.

Elderly Nutrition Program Exhibit A – Page 8 FY 23-24
Site Management
IV. Approved Holidays for Nutrition Sites
There are a total of nine recognized holidays (ten days) in which food service will not be provided by central kitchens to congregate meal sites and sites are assumed to be closed:

Independence Day July 4
Labor Day First Monday in September
Veterans Day November 11
Thanksgiving Holiday Fourth Thursday in November
Christmas Holiday December 25
New Years Holiday January 1
Martin Luther King Jr. Day Third Monday in January
Presidents Day Third Monday in February
Memorial Day Final Monday in May
111
Section 5, Item F.

Exhibit B Instructions Page 1 of 10 Revised June 2023
American Rescue Plan (ARP)
Exhibit B
Please review all instructions before preparing the budget.

The budget forms provided with this contract consist of four pages:

Page 1 ends

Page 2 ends

Page 3 ends

Page 4 ends

These pages are a hard copy of an Excel workbook that the Agency on Aging e-mails to each contracting organization. The workbook contains four separate worksheets, one for each page of the budget.

The following rules apply to all budget pages.
• Please prepare ONE (OR TWO) budgets for the entire funding period. o One budget should be prepared for funds allocated for the 12-Month Funding Cycle.
o A second budget should be prepared for funds allocated as One-Time Start-Up Costs to be used within 60 days from receipt of fully executed contract. More information about One-Time Start-Up Costs is included on Page 3 of this document.

Start-up costs are awarded on Page-1 of the contract agreement. Not all sites will be granted a startt-up amount for FY 23-24. Please be sure to reference page 1 of grant award.
• (Please note that the maximum amount of grant funding that can be disbursed will be limited to the amounts and periods shown on page 1 of the contract.) • Please use the Excel workbook and prepare the budget worksheets in sequence so that formulas (cells in shaded areas) calculate across worksheets. • If your organization does not have access to Excel, please type all entries. Handwritten budgets are not acceptable.
• If using Excel, please do not make any entries in shaded areas of the budget forms, as they contain formulas.
• Please do not change pre-printed line-item descriptions. • The following heading must appear on all budget pages:
o Contracting Agency: The legal name of the contracting agency. o Contract No.: Enter the contract number shown on page 1 of this contract.

BUDGET

INSTRUCTIONS
112
Section 5, Item F.

Exhibit B Instructions Page 2 of 10 Revised June 2023
American Rescue Plan (ARP)
o Program: Funding Source (i.e., Title III C1) and Contracted Program (i.e., Nutrition Site Management) shown on page 1 of this contract.
o Revision No.: If providing a revision to a previously approved budget, please enter the revision number.

Definitions:

In-Kind consists of services and/or supplies provided free of charge to your organization from an outside source.

Matching Funds (cost-sharing) means the value of third-party in-kind contributions and that portion of the costs of a grant-supported project or program not borne by the federal government.1 Neither costs nor the values of third-party in-kind contributions may count towards satisfying a costsharing or matching requirement of a U.S. Department of Health and Human Services grant if they have been or will be counted towards satisfying a cost-sharing or matching requirement of another federal grant, a federal procurement contract, or any other award of federal funds.2 In other words, matching funds are your share of the program costs plus any in-kind program costs that are not otherwise dedicated to another federal funding source.

Program income cannot be used to meet matching requirements. Program income can only be used to fund the expenses for the respective program for which the program income was received and must be spent before grant funds.

Minimum matching contribution for ARP grants awarded by the Fresno-Madera Area Agency on Aging is 100%.

Any funds used for the contracted program that meet the definition of “matching funds” should be entered in budget fields that require entry of matching funds.

Non-Matching funds are other federal awards and/or cash or in-kind costs used to match other federal awards.

Deferred Program Income is unspent program income from the prior year contract that have been approved by the FMAAA to be carried forward to the current year contract. A letter must be on file with the FMAAA detailing the program income and requesting approval to carry them forward to the new contract.

Indirect costs are those: a) incurred for a common or joint purpose benefiting more than one cost objective; and b) not readily assignable to the cost objectives specifically benefited, without effort disproportionate to the results achieved. To facilitate equitable distribution of indirect expenses to the cost objectives served, it may be necessary to establish a number of pools of indirect costs within a governmental unit department or in other agencies providing services to a governmental unit department. Indirect cost pools should be distributed to benefited cost objectives on bases that will produce an equitable result in consideration of relative benefits derived.

If your organization has a federally approved Cost Allocation Plan, attach a copy of the plan to the budget. If your organization is charging the contracted program indirect costs based on an internal cost allocation plan (a plan other than a federally approved Cost Allocation Plan), provide a full disclosure of the method used that includes a listing of the types of services/supplies included in the cost allocation plan. This plan must have the prior approval from the FMAAA before being used. 1 Federal Grants Management Handbook Grants Management Advisory Service, February, 1992, Subpart G Ss 74.51. 2 Federal Grants Management Handbook Grants Management Advisory Service, February, 1992, Subpart G Ss 74.53. 113
Section 5, Item F.

Exhibit B Instructions Page 3 of 10 Revised June 2023
American Rescue Plan (ARP)
One-Time Start-Up Costs:

The budget for start-up costs must be accompanied with a written plan explaining how these funds are to be utilized along with description of the materials or supplies needed for preparing the site.

Examples of reimbursable costs to be included only as “Start-Up Costs” and needed for reopening the site are listed below. This list is not exhaustive. Please contact FMAAA staff with any questions about the costs associated with your particular start-up plan before submitting your budget.
• Special one-time pest control fumigation services.
• Special one-time janitorial services.
• Cleaning supplies needed for preparing the site for reopening. • Payroll costs for provider staff for cleaning and preparing for reopening the site. • Replacement of small kitchen utensils, storage containers. • Maintenance and repairs to equipment essential for and dedicated solely to the congregate meal program.

The fiscal reports for the expenditure of these funds must be accompanied with the supporting invoices.

The reimbursement of provider staff compensation must be supported with time sheets reflecting the hours spent preparing the site along with a brief description of the tasks performed.

The invoices for the services of outside vendors must identify what services were performed, the location of the service, what equipment was repaired (if applicable) and any other information necessary to readily identify how these services are connected with the preparation for reopening the site.
114
Section 5, Item F.

Exhibit B Instructions Page 4 of 10 Revised June 2023
American Rescue Plan (ARP)
Personnel Budget Detail (Budget Page 1 of 4)
Column
Label
Column
Title Instructions
A Position
Title
List all paid positions for the contracted program. These positions must agree with those listed under Staffing on page 4 of Exhibit E, Program Narrative. Use additional copies of page 1 if more than 10 positions. If there are multiple positions with the same title, list them separately and enter a distinguishing description, such as Driver-Route 1; Driver-Route 2, etc. Do not enter names of any of the individuals filling the positions.

B FTE % (40
Hrs=100%)
Full Time Equivalency (FTE) is a percentage of time each position works per week for your organization in total, based on a 40-hour work week (full time); if the individual works 40 hours per week, the FTE % is 100%. If a position works 25 hours per week, the FTE is

62.5% (25 hours divided by 40 hours).

C Full Annual
Salary
Full Annual Salary is the total salary your organization plans to pay this position for all work performed during the contract period. The Total Payroll Taxes (FICA, SUI, FUTA) and Total Benefits (including Workers’ Compensation Insurance) should only be listed at the bottom of Columns E through Column I (see page 5 of Instructions, Total Payroll Taxes and Total Benefits).

D % of Time
on Program
This is the percentage of time this position will work on the contracted program. For example, if a full-time position spends 10 hours per week on the contracted program, the percentage of time on program would be 25% (10 hours divided by 40 hours). If a position works 25 hours per week, and 10 hours of this week is spent on the contracted program, the percentage of time on program would be 40% (10 hours divided by 25 hours).

Note: Current 2 CFR 225 guidelines state that an organization receiving federal funds may budget by estimated percentage; however, the organization must keep adequate records indicating the actual time worked and reconcile cost allocations for personnel to actual time worked periodically during the grant period. This can be achieved by funding positions across differing cost objectives and keeping time logs. Time logs must be certified by the employee and at least one supervisor, and must be available during a fiscal monitoring.
115
Section 5, Item F.

Exhibit B Instructions Page 5 of 10 Revised June 2023
American Rescue Plan (ARP)
Personnel Budget Detail (Budget Page 1 of 4) - Continued Column
Label
Column
Title Instructions

E FMAAA
Grant
For each position listed, enter the amount of the grant for the contracted program that will be allocated for each position.

F DO NOT
USE

DO NOT USE - FOR FUTURE USE
G Program
Income
Enter any Program Income that will be applied to listed positions.

H Matching
Funds
Enter any matching funds that will be applied to listed positions.

I NonMatching
Funds
Enter any non-matching funds that will be applied for listed positions.

J Total
Personnel
Costs
Total of Columns E through I for each position listed; the result should equal Column C (Full Annual Salary) multiplied by Column D (% of Time on Program).
116
Section 5, Item F.

Exhibit B Instructions Page 6 of 10 Revised June 2023
American Rescue Plan (ARP)
Personnel Budget Detail (Budget Page 1 of 4) - Continued Row Label Instructions
Total Salaries Total of each column, Columns E through I. The total of all entries on this row is calculated for Column J.

Total Payroll
Taxes
Enter the total payroll taxes that are a cost of the contractor (FICA, SUI, FUTA) for all positions listed, distributed among Columns E through I. The total of all entries on this row is calculated for Column J.

Total Benefits Enter the total benefits costs that are a cost of the contractor, including retirement and Workers’ Compensation insurance, for all positions listed, distributed among Columns E through I. The total of all entries on this row is calculated for Column J.

Total Personnel
Costs
The amounts of the rows Total Salaries, Total Payroll Taxes, and Total Benefits are combined for this row. The total of all entries in the Total Personnel Costs row is calculated for Column J.

In-Kind Personnel Costs
Description of Work Performed Enter type(s) of work to be conducted by volunteers in support of the contracted program, i.e., “Assist with serving meals.”
Number of Volunteers Enter the number of volunteers that will conduct the type of work listed.

Hours per Volunteer Number of hours each volunteer performing the work described in the Description of Work Performed is
expected to work during the contract period.

Total Annual Hours The number of volunteers multiplied by the hours per volunteer.

Rate per Hour Indicate the rate per hour the volunteer would have been paid if this had been a paid position. The rate
should be reasonable, determined by the prevailing
rate per hour for the position in the service area.

Total In-Kind The Total Annual Hours multiplied by the Rate per Hour. The grand total of this column is carried forward to Page 2 of the budget (Line 1, Column G).
117
Section 5, Item F.

Exhibit B Instructions Page 7 of 10 Revised June 2023
American Rescue Plan (ARP)
Program Budget By Income Source (Budget Page 2 of 4)
General Instructions:

For Categories 1 through 7, enter the costs that are directly incurred by the contracted program.

Allocate the cost for each line item in Categories 1 through 7 to the appropriate column that indicates the revenue source that is expected to fund the cost.

Costs placed in Column G, In-Kind Match, consists of services and/or supplies provided free of charge to your organization from an outside source (see instructions, page 2, In-Kind).

Row
Label Row Title Instructions

1.a – 1.c Salaries & Benefits Entries carry over from page 1 (Total Salaries, Total Payroll Taxes, and Total Benefits for each revenue
source and Total In-Kind).

2.a Staff Travel Estimate the total number of miles to be reimbursed to personnel for the contracted program. Multiply this by
your organization’s approved reimbursement rate per
mile. Include any other costs for lodging, parking,
meals, etc.

2.b Volunteer Travel Estimate the total number of miles that will be reimbursed to volunteers for the contracted program.

Multiply this by your organization’s approved
reimbursement rate per mile. Include any other costs
for lodging, parking, meals, etc.

2.c Training Calculate the cost for any training seminars, conference fees, and staff development costs
expected to be incurred for the contracted program
during the contract period.
3 Equipment Purchase Enter the approximate cost of any equipment, including any networkable equipment, needed for the contracted
program during the contract period. Any single or
individual item with a cost in excess of $500, including sales tax, delivery, and installation or any computing
devices regardless of cost, will need to be listed on
Budget Pg 4 – Schedule of Program/Site Supplies and
Equipment Purchases. Any equipment purchase
request for the contracted program must be approved
by FMAAA and, if applicable, the State of California. In accordance with federal purchasing rules, FMAAA
recommends that contractors obtain three quotes for
each piece of equipment purchased that is expected to
cost in excess of $500.
118
Section 5, Item F.

Exhibit B Instructions Page 8 of 10 Revised June 2023
American Rescue Plan (ARP)
Program Budget By Income Source (Budget Page 2 of 4) - Continued Row
Label Row Title Instructions
4 Consultants Enter the cost of professional and consultant services to be rendered by persons or organizations that are
members of a particular profession or possess a
special skill, i.e., legal, audit, etc.
5 Meals This line item applies only to Title III C nutrition providers. This cost is only for meals purchased in
addition to those provided by the FMAAA that are to be
paid for by your organization
6 Program/Site
Supplies
This cost category includes small cost items necessary
to operate the program, and does not include office
supplies. Examples for nutrition providers: Small
kitchen utensils, napkins; condiments for nutrition
providers. Example for medication management
providers: Pill boxes.

Any single or individual item with a cost in excess of
$100 will need to be listed on Budget Pg 4 – Schedule
of Program/Site Supplies and Equipment Purchases.

7.a-7.m Other Costs These line items include any other “direct” costs attributable to the program.

7.n-7.o Other Costs Check with the FMAAA before making entries. These line items are typically used for costs not listed in lines

7.a.-7.m, such as Expendable Equipment. If lines 7.n7.o are used, enter a description of the costs in the Category column.
8 Indirect Costs Enter any indirect costs, and attach a narrative (see page 2 of Instructions, Indirect Costs.)
--- Total Costs The sum of Total Direct Costs and Total Costs. 119
Section 5, Item F.

Exhibit B Instructions Page 9 of 10 Revised June 2023
American Rescue Plan (ARP)
Schedule of Funding Sources (Budget Page 3 of 4)
Row
Label Row Title Instructions
1 FMAAA Grant The total amount of the FMAAA grant award for the contracted program from page 1 of the
contract. This should also equal the Total
Costs for Column A from page 2 of the
budget form.
2 DO NOT USE DO NOT USE – FOR FUTURE USE ONLY
3 Program Income:

Current Year Program Income
Enter Program Income that are expected to
be received during the current year.
3 Program Income: Deferred
Program Income
Enter any Program Income that the FMAAA
has approved for deferral (see page 2 of
instructions, Deferred Program Income).

4.a - 4.d Matching Funds - Cash and
In-Kind (List Source)
See page 2 of instructions, Matching Funds
and In-Kind. List all sources separately, i.e.,
City/County General Funds, United Way, etc.,
in appropriate column (Cash or In-Kind). If the
funding is from a source of mixed funds (e.g.
combination of both Federal and State funds),
please verify that no Federal funds are being
used. Any amounts shown in column C (InKind) that are not for volunteer services must have a full description of the formula used to
calculate the amount.

5.a – 5.d Non-Matching Funds [Federal
Funds/Other Program Match]
– (List Source)
List all Non-Matching fund sources separately
(see page 2 of instructions, Non-Matching
Funds).
6 Total Costs Totals for Column B, Cash, and Column C,
In-Kind.
-- Total from Exhibit B, Page 2,
Columns F and G
Total of Column B, Cash, must agree with the
Total of Column F on page 2 of the budget.

Total of Column C, In-Kind, must agree with
the Total of Column G on Page 2 of the
budget.
120
Section 5, Item F.

Exhibit B Instructions Page 10 of 10 Revised June 2023
American Rescue Plan (ARP)
Schedule of Program Supplies and Equipment Purchases (Budget Page 4 of 4) Row
Label Row Title Instructions
1 Purchases for Program/Site
Supplies exceeding $100 per
Individual or Single item.

List any single or individual item that intends
to be purchased with a cost in excess of $100
including any appropriate sales tax, shipping
and installation costs, etc. Total amount
should not exceed the budgeted amount(s)
on Budget Pg 2 – Line 6 Program/Site
Supplies.
2 Purchases for Equipment
Purchase exceeding $500 per
Individual or Single item.

List any single or individual item that intends
to be purchased with a cost in excess of $500
including any appropriate sales tax, shipping
and installation costs, etc. as well as any
computing devices regardless of cost. Total
amount must equal the budgeted amount(s)
on Budget Pg 2 – Line 3 Equipment
Purchase. Any equipment purchase request
for the contracted program must be approved
by FMAAA and, if applicable, the State of
California.
121
Section 5, Item F.

ARP Elderly Nutrition Program Exhibit C Revised June 2023 Site Management

EXHIBIT C
PROGRAM: Elderly Nutrition Program Site Management
SERVICE PROVIDER:

CONTRACT NUMBER:

SITE:

CONTRACT EFFECTIVE:

Date of FMAAA Executive Director Signature on Page
2 to June 30, 2024, or a signed LOA dated prior to

7.1.23 GOAL: The goal of the Elderly Nutrition Program is to reduce hunger and food insecurity; promote health and well-being; promote socialization; and delay adverse health conditions of older individuals.

DEFINITION: Site Management is defined as 1) oversight and responsibility for the dayto-day operations of an Elderly Nutrition Program nutrition site with respect to meals; 2) oversight of and responsibility for Elderly Nutrition Program staff and volunteers, including provision of required program training; 3) collection of required Elderly Nutrition Program data from program participants; 4) keeping records and preparing reports concerning meals ordered and served, nutrition volunteer hours, and donations; and 5) ensuring the Elderly Nutrition Program nutrition site meets all federal, state, and local regulations, including applicable licensing laws and ordinances related to food service operations and sanitation.

Meals are subject to allocation and reallocation at any time by the Agency on Aging based upon available funding and nutrition program participation. When allocations are imposed, any meals allocated but not served revert to the Agency on Aging for reallocation.

ANNUAL SUMMARY OF ACTIVITIES
City of Kerman
23-0121ARP
Kerman Senior Center
122
Section 5, Item F.

ARP Program Cost Efficiency Exhibit D Revised June 2023

EXHIBIT D

PROGRAM COST EFFICIENCY
Not Applicable –
Elderly Nutrition Program
Site Management
123
Section 5, Item F.

EXHIBIT E

PROGRAM NARRATIVE
Program Narrative Exhibit E – Page 1 Rev. June 2023
ARP Nutrition Site Management

1. AGENCY’S HISTORY OF SERVICE TO OLDER ADULTS
List programs/services your organization provides for older adults, and the number of years your organization has provided the program/service.

Program/Service # of
Years

2. SERVICE AREA
Where will the contracted program be provided?
Street Address City Zip Code
Organization Name Year
Established
Type of Organization (Check One)
City Government Non-Profit 501(c)(3)
County Government For-Profit
Joint Powers Authority (JPA) Other: ____________________ Kerman Senior Center 50
720 S. 8th Street Kerman 93630
City of Kerman 1946
✔
124
Section 5, Item F.

EXHIBIT E

PROGRAM NARRATIVE
Program Narrative Exhibit E – Page 2 Rev. June 2023
ARP Nutrition Site Management

3. LANGUAGE TRANSLATION NEEDS & PROVISIONS
Enter an “X” in the boxes below to indicate who
speaks the language listed to the left.

Program
Participants
Program
Staff
Program
Volunteers
English
Spanish
Hmong
Arabic
Armenian
Cantonese
Farsi (Persian)
Filipino (Pilipino/Tagalog)
Hindi
Japanese
Khmer (Cambodian)
Khmu
Korean
Lao
Mandarin (Putonghua)
Mien (Yao)
Mixteco
Portuguese
Punjabi
Russian
Thai
Ukrainian
Urdu
Vietnamese
Other:_________________
X X X
X X X
X X
125
Section 5, Item F.

EXHIBIT E

PROGRAM NARRATIVE
Program Narrative Exhibit E – Page 3 Rev. June 2023
ARP Nutrition Site Management
What resources does your organization use, or have available to use, when interpretation is needed for a program participant?
How does your organization provide the contracted service to individuals who speak a language that is not spoken by program staff or volunteers?

4. CONFIDENTIALITY PROCEDURES
How does your organization protect the confidentiality of the program participant during verbal discussions? (For example, asking the program participant for their date of birth, phone number, and any other information that identifies the individual and is needed to complete the client intake form) How does your organization protect confidential information obtained from program participants, such as client intake forms, from disclosure? The Kerman Senior Center has bilingual staff and volunteers available throughout the hours of operation. The Community Services Director is also bilingual in Spanish and English. Resource information is available in Spanish on subjects such as health, PG&E, and Senior Center activities. The Kerman Senior Center Activity Guide is printed in both English and Spanish, and has the capability of being translated into other requested languages. Seniors are also encouraged to invite bilingual friends and family members with them to participate in the Nutrition Program and Senior Center activities
The Kerman Senior Center has volunteer resources throughout the community who speak other languages and are available to help interpret.

In addition, those who are not bilingual are encouraged to have a family member or a friend accompany them to assist with interpretation.

Staff members have private offices available for client interviews, verbal discussion, and telephone conversations. Intake forms are to be completed by Kerman Senior staff.

Confidential records are kept in locked file cabinets to secure confidential information. Staff is professional and sensitive with confidential matters. 126
Section 5, Item F.

EXHIBIT E

PROGRAM NARRATIVE
Program Narrative Exhibit E – Page 4 Rev. June 2023
ARP Nutrition Site Management
Contracted Program: Title III C Nutrition Site Management

5. PROGRAM DESCRIPTION
Provide a brief description of how your organization provides the contracted program.

What was the primary accomplishment achieved by the contracted program in the most recent year services were provided?
Please describe another accomplishment achieved by the contracted program in the most recent year services were provided.

6. CASE STUDY
Briefly describe how the contracted program successfully met the needs of a program participant in the most recent year services were provided. Do not use real names.

The Kerman Senior Center conducts site management for the Title III C1 Congregate Nutrition Program. The goal of our Senior Nutrition Program is to support the independence and well-being of our seniors through nutritious, healthy, and tasty meals; and through education aimed at helping seniors make the best dietary choices for their health.

Through an increase in participation in community events, continuous circulation in the Kerman News, an increase in social media outreach, and door to door invitations, we have increased our public awareness in isolated rural areas of Kerman. We have new seniors who live independently coming on a regular basis to participate in our programs.

In 2022 Senior Center staff was successful in recruiting student volunteers from the Fresno State Kinesiology to begin a weekly exercise class. The instructor led class meets twice a week for 45 minutes. Class participation averages between 10 -15 per class. Participants will often sign-up to participate in the lunch program on the these days since they will be in the Center for class.

We recently had a senior participant come to tell us about the change she feels the Senior Center has had on her lifestyle. Before coming to the Senior Center, she had begun to notice a downward spiral.

She was beginning to be more sedimentary, staying home, watching a lot of TV, not eating healthily, and not having the energy to get out and socialize. She said she was missing that “connection” to people that gives her life joy. She began to participate in our Senior Nutrition Program, and soon after joined other senior activities such as Senior Exercise and Sewing Class. She has now been coming to the Kerman Senior Center for over a year now, is a continuous participant in our Nutrition Program, and says that she feels much healthier, has more energy and drive, and has made so many new friends and connections that inspire her to keep making her health a priority. 127
Section 5, Item F.

EXHIBIT E

PROGRAM NARRATIVE
Program Narrative Exhibit E – Page 5 Rev. June 2023
ARP Nutrition Site Management

7. STAFFING
Please provide the names and titles of all staff listed in the Personnel section of the contract budget (Exhibit B).

Name Title
*Please provide the name and contact information for the person who has primary, hands-on involvement and oversight of the day-to-day operations of the contracted program.

Name Title
Telephone Number E-mail Address
*Attach the following documents to the “Documents Required to Execute Contract” checklist:
 The job description for this position;
 The resume for the person occupying this position.

Jeanna Burdine-Slaven Senior Services Coordinator
Arlene Villarreal Community Services Secretary
Anthony Garcia Maintenance Worker I
Theresa Johnson Community Services Director
Josefina Alvarez Finance Director
Theresa Johnson, CPRP Community Services Direct
559-846-9328 [email protected]
128
Section 5, Item F.

EXHIBIT E

PROGRAM NARRATIVE
Program Narrative Exhibit E – Page 6 Rev. June 2023
ARP Nutrition Site Management

8. SERVICE PROVIDER TIME FRAME
What days and hours will the Nutrition Site Management program be available? (Please note that these are not necessarily the same hours your organization/facility is open.)
Location Days Open Start Time Close Time
Month Enter Dates of Holidays
& Other Planned Closures
Total Days Service
to be Provided
Total Days of Contracted Service to
be Provided under this Agreement:

Kerman Senior CenterM-T-W-Th-F7:30 am 4:30pm
July 2023 7/3, 7/4 19
August 2023 23
September 2023 9/5, 9/8 19
October 2023 10/31 21
November 202311/10, 11/17, 11/23, 11/24 18
December 2023 12/8,12/22, 12/25 18
January 2024 1/1, 1/15 21
February 2024 2/19 20
March 2024 3/8, 3/15, 3/29 18
April 2024 20
May 2024 5/3, 5/24, 5/27 20
June 2024 20
237
129
Section 5, Item F.

EXHIBIT E

PROGRAM NARRATIVE
Program Narrative Exhibit E – Page 7 Rev. June 2023
ARP Nutrition Site Management

9. PROGRAM EVALUATION/IMPROVEMENT
In reviewing the performance during the most recent year services were provided, identify areas that your organization could focus on for improvement of the contracted program.

How would participants of the contracted program benefit from these improvements? Describe the specific steps your organization will take to make these improvements during the current funding period.

Describe how you will know if your improvement efforts are successful, and how you will measure your achievements.

Continue networking with other nutrition sites to build a health and wellness resource network. Research local programs and neighboring senior/community centers that provide opportunities for seniors to participate in health related services – such as health fairs & seminars, farmers markets, exercise programs and food giveaway.

Identify which of these programs could be incorporated into the Kerman Senior Center activity schedule.

By incorporating new programs and activities our seniors will have more opportunities to live fuller, healthier, independent lives. Our program will benefit through the partnership of other nutrition sites and the sharing of healthy-living information and opportunities that encourage participation in nutrition based activities.

Contact local nutrition sites, senior centers, and community programs to collect information on successful programs, classes and health-related events/services.

Utilize this information to introduce similar programs and services at the Kerman Senior Center that will serve current participants and welcome new participants to the programs offered including the nutrition program.

Staff will utilize program registration software and lunch attendance rosters to track participation in the nutrition program and other activities offered by the Kerman Senior Center. Staff will establish goals and objectives for new programming and the return of the nutrition program. Successes and or areas of improvement will be evaluated on a quarterly basis by Senior Center staff and the Community Services Director.
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Section 5, Item F.

EXHIBIT E

PROGRAM NARRATIVE
Program Narrative Exhibit E – Page 8 Rev. June 2023
ARP Nutrition Site Management

10. OUTREACH ACTIVITIES/TARGETING PLAN (22 CCR § 7310, WIC § 9103) How does your organization reach older adults in greatest economic need (income level at or below the Federal Poverty Level) to inform them of the contracted program and welcome them to participate?
How does your organization reach older adults who are socially isolated (need caused by non-economic factors) to inform them of the contracted program and welcome them to participate?
How does your organization reach older adults who are of lesbian, gay, bisexual, or transgender orientation to inform them of the contracted program and welcome them to participate?
How does your organization reach older adults who are ethnic minorities, and particularly those with greatest economic and/or social need, to inform them of the contracted program and welcome them to participate?
Information on Congregate Meal Program is provided to older adults through nutrition flyers and monthly events calendars. The Kerman Senior Center Activity Guide is also handed out throughout the year at specialty events that focus on health and wellness. Program information articles will be periodically placed in the Kerman News informing residents of the Nutrition Program. Advertisements for activities and Nutrition program are posted on the Kerman Senior Center Facebook Page and City of Kerman website. Information is also given out at the Kerman Food Bank for those with greatest economic need.

Information on Congregate Meal Program is provided to older adults who reside at the two senior living communities in our community. The Kerman Senior Center Activity Guide is also handed out throughout the year to the senior living communities. Program information articles will be periodically placed in the Kerman News informing residents of the Nutrition Program.

Advertisements for activities and Nutrition program are posted on the Kerman Senior Center Facebook Page and City of Kerman website.

The Kerman Senior Center Activity Guide is written with inclusive language providing information on programs, services and resources for all members of the community.

The Kerman Senior Center Activity Guide, nutrition program information and monthly calendars are made available in English and Spanish, and capable of being translated into a requested language. Bilingual staff and volunteers are available to help with any communication difficulties. Seniors with limited English proficiency are also encouraged to bring along family or friends who can translate for them to the Nutrition Program and site activities. 131
Section 5, Item F.

EXHIBIT E

PROGRAM NARRATIVE
Program Narrative Exhibit E – Page 9 Rev. June 2023
ARP Nutrition Site Management
How does your organization reach older adults who are Native Americans to inform them of the contracted program and welcome them to participate? How does your organization reach older adults with limited English proficiency to inform them of the contracted program and welcome them to participate? How does your organization reach older adults who live in rural areas to inform them of the contracted program and welcome them to participate? How does your organization reach older adults with severe disabilities (severe, chronic physical and/or mental impairment that is likely to continue indefinitely & results in substantial functional limitation in 3 or more major life activities) to inform them of the contracted program and welcome them to participate?
How does your organization reach older adults with Alzheimer’s disease or related disorders with neurological & organic brain disfunction, and the caregivers of these individuals, to inform them of the contracted program and welcome these older adults to participate?
The Kerman Senior Center actively engages with outside organizations that represent older adults who are Native Americans in our area to promote programs and services available.

Information about public transportation and the Congregate Meal Program are provided to older adults through the Kerman Senior Center Activity Guide. This information is passed out at local events such as health fairs, farmers markets, and festivals.

The Kerman Senior Center promotes the utilization of local public transportation provided through MV Transportation a handicap-able transit-bus, free to seniors and disabled peoples, to encourage seniors and especially seniors with severe disabilities and or mental/physical impairment to participate in the Nutrition Program. MV Transportation services are available to citizens of Kerman in rural areas as well as further isolated areas outside of town. Information about public transportation and the Congregate Meal Program is provided to older adults through the Kerman Senior Center Activity Guide. Our programs specifically welcome family members, caregivers, or legal guardians of seniors with physical or mental handicaps, to participate in the senior Nutrition Program and activities with their dependents.

Information on Congregate Meal Program is provided to older adults through nutrition flyers and monthly events calendars. The Kerman Senior Center Activity Guide is also handed out throughout the year at specialty events that focus on health and wellness. Program information articles will be periodically placed in the Kerman News informing residents of the Nutrition Program. Advertisements for activities and Nutrition program are posted on the Kerman Senior Center Facebook Page and City of Kerman website.

Our programs specifically welcomes family members, caregivers, or legal guardians of seniors with physical or mental handicaps, to participate in the Senior Nutrition Programs and activities with their dependents.
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Section 5, Item F.

EXHIBIT F

SERVICE PROVIDER EMERGENCY RESOURCE INFORMATION
Service Provider Emergency Resource Information Exhibit F FY 2023-2024 Please complete for each location from which contracted services are offered.

Organization
Site Name
Street Address
City/ST/Zip
Name of Primary Contact:

Job Title Cell Phone Office Phone Email Address
Name of Secondary Contact:

Job Title Cell Phone Office Phone Email Address
Please check all emergency services that could be provided from this site:

Emergency Power/Generator CB or Ham Radio
Emergency First Aid Internet Access
Cooking Facilities Spanish Translation
Distribution Site for Food & Water Sign Language Translation Counseling Services Other Translation:

Yes No
Can this site provide temporary shelter space for 48 hours or more in the event of an emergency?
Is this site able to help with assessing the needs of older individuals in the neighborhood or community following a disaster?
Following a major disaster, can this site help transport older individuals to disaster services?
Does this site have a dedicated vehicle that is lift-equipped? Given the resources, can this site expand meal services following a disaster to meet needs in the community?
How many people can this facility provide emergency shelter for? How many days can this facility function using its back-up power source? How many gallons of water are stored on-site as an emergency supply? Please list any additional services your site can provide in the event of a disaster:

City of Kerman
Kerman Senior Center
720 S. 8th Street
Kerman, CA 93630
Theresa Johnson,
Community Services
Director
559-681-2750 559-846-9328 [email protected]
Jeanna
Burdine-Slaven
Senior Services
Coordinator
559-351-8233
(7:30am - 4:30pm
only)
559-846-9329 [email protected]
92 0
0 ✔
✔
✔
✔
✔
✔
✔
✔
133
Section 5, Item F.

SENIOR NUTRTION PROGRAM

REOPENING PLAN
September 2021
134
Section 5, Item F.
1 Reopening Plan for Kerman Senior Center
Nutrition Program
Authority and Responsibility 3
Identification and Evaluation of COVID-19 Hazards 3
Employee & volunteer participation 4
Employee and volunteer screening 4
Correction of COVID-19 Hazards 4
Control of COVID-19 Hazards 4
Physical Distancing 4
Face Coverings 5
Engineering controls 6
Cleaning and disinfecting 6
Shared tools, equipment and personal protective equipment (PPE) 6 Hand washing and hand sanitizing 7
Personal protective equipment (PPE) used to control employees’ exposure to COVID-19 7 Investigating and Responding to COVID-19 Cases 8
System for Communicating 9
Training and Instruction 9
Exclusion of COVID-19 Cases 10
Reporting, Recordkeeping, and Access 11
Return-to-Work Criteria 11
Programmatic Considerations 11
Vaccines 12
Temperature / Symptom Screenings 12
Liability Waivers 13
Managing Emotions 13
Program Flexibilities 13
Program Enrollment Transitions 13
Home Delivered Meals (HDM) In-Home Assessments 13
Other program considerations 14
Programmatic Communication Plan 14
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Section 5, Item F.
2 Appendix A: Identification of COVID-19 Hazards 15
Appendix B: COVID-19 Inspections 16
Appendix C: Investigating COVID-19 Cases 18
Appendix D: COVID-19 Training Roster 21
Additional Consideration #1: Multiple COVID-19 Infections and COVID-19 Outbreaks 22 COVID-19 testing 22
Additional steps 22
Investigation of workplace COVID-19 illness 23
COVID-19 investigation, review and hazard correction 23 Additional Consideration #3 - COVID-19 Prevention in Employer-Provided Transportation 24 Assignment of transportation 24
Face coverings 24
Screening 25
Cleaning and disinfecting 25
Ventilation 25
Hand hygiene 25
136
Section 5, Item F.
3 COVID-19 Prevention Program (CPP) for Kerman
Senior Center Nutrition Program
This CPP is designed to control exposures to the SARS-CoV-2 virus that may occur in our workplace.

Date: 9/2/2021
Authority and Responsibility
Kerman Senior Center Nutrition Coordinator has overall authority and responsibility for implementing the provisions of this CPP in our workplace. In addition, all managers and supervisors are responsible for implementing and maintaining the CPP in their assigned work areas and for ensuring employees receive answers to questions about the program in a language they understand.

All employees are responsible for using safe work practices, following all directives, policies and procedures, and assisting in maintaining a safe work environment. - The staffing at the Kerman Senior Center includes the Senior Services Coordinator, Nutrition Coordinator, and Administrative Assistant. All three staff are trained and well versed in COVID-19 Safe Work Practices, Policies and Procedures.
- The Kerman Senior Center Nutrition Program CPP with Senior Center Staff and Senior Advisory Board Members.

Identification and Evaluation of COVID-19 Hazards
We will implement the following in our workplace:
● Conduct workplace-specific evaluations using the Appendix A: Identification ofCOVID-19 Hazards form.
● Implement the following process for screening employees for and responding to employees with COVID-19 symptoms:
○ Employees must self-evaluate before reporting to work. Employees must report out sick and are required to stay home if they have any symptoms of illness, including COVID-19 symptoms.
● Evaluate employees’ potential workplace exposures to all persons at, or who may enter,our workplace.
● Review applicable orders and general and industry-specific guidance from the State of California, Cal/OSHA, and the local health department related to COVID-19 hazards and prevention.
● Evaluate existing COVID-19 prevention controls in our workplace and the need for different or additional controls.
● Conduct periodic inspections using the Appendix B: COVID-19 Inspections form as needed to identify unhealthy conditions, work practices, and work procedures related to COVID-19 and to ensure compliance with our COVID-19 policies and procedures. 137
Section 5, Item F.
4 ● Staff utilize COVID-19 screening form provided by the Human Resources Department to selfevaluate on a daily basis.

Employee & volunteer participation
Employees and their authorized employees’ representatives are encouraged to participate in the identification and evaluation of COVID-19 hazards by: Staff and program participants are required to report any changes in symptom status to the Senior Center Coordinator.

Employee and volunteer screening
We screen our employees and volunteers by: Pre-work Self-Screening according to the CDPH guidelines. Upon entrance employees and volunteers are screened for fever and mask usage by non-contact digital thermometer/mask identifier.

Correction of COVID-19 Hazards
Unsafe or unhealthy work conditions, practices or procedures will be documented on the Appendix B: COVID-19 Inspections form, and corrected in a timely manner based on the severity of the hazards, as follows: Staff will continually monitor the implementation of the CPP. Any hazards will be immediately corrected by designated staff and/or volunteers. Kerman Senior Center Coordinator will conduct a follow up inspection.

Control of COVID-19 Hazards
Physical Distancing
Where possible, we ensure at least six feet of physical distancing at all times in our workplace by:
● Reducing the number of persons in an area at one time, including visitors as per CDPH and FCDPH Guidelines
● Visual cues such as signs and floor markings to indicate where employees and others should be located or their direction and path oftravel
● Procedures are in place to assist with the phased reopening to restrict the capacity of inperson services ● Physical arrangements of entry or exit areas, furniture arrangements, kitchen & prep areas, etc. ● Maintaining distancing from clients when interacting withstaff ● Reduced group sizes at dining tables
● When necessary procedures for the restrictions of groupings to same households, people who request to be seated together,etc. will be implemented
● Pre-registration system, participants will resume placing a reservation for lunches at least 24hrs in advance
● Maximizing outside air flow - sometimes this may require some compromises to temperature settings
138
Section 5, Item F.
5 ● Plexiglas in reception and other face-to-face interactionareas ● Other mechanisms - see CDPH & Cal/OSHA's COVID-19 Industry Guidance - Restaurants CDPH/CalOSHA includes a section focused on PhysicalDistancing Individuals will be kept as far apart as possible when there are situations where six feet of physical distancing cannot be achieved.

Face Coverings
We provide clean, undamaged face coverings and ensure they are properly worn for those who are not vaccinated over the nose and mouth when indoors or in vehicles, including non-employees, and where required by orders from the California Department of Public Health (CDPH) or local health department. When face coverings are not required, employers shall provide face coverings to employees upon request, regardless of vaccination status. Single-Use Disposable Face Coverings are accessible in every room next to other PPE items. Staff members have PPE items available upon request of volunteers and non-employee participants. Training will be provided on how to communicate new safety and mask-wearing procedures to non-mask wearing participants.

The following are exceptions to the use of face coverings in our workplace:
● When an employee is alone in a room or vehicle.
● While eating or drinking at the workplace, provided employees are at least six feet apart and outside air supply to the area, if indoors, has been maximized to the extentfeasible. ● Employees who cannot wear face coverings due to a medical or mental health condition or disability, or who are hearing-impaired or communicating with a hearing-impaired person. Alternatives will be considered on a case-by-case basis. ● Specific tasks that cannot feasibly be performed with a face covering, where employees will be kept at least six feet apart.

Any employee not wearing a face covering and not wearing a non-restrictive alternative, shall be at least six feet apart from all other persons unless the unmasked employee is fully vaccinated or tested at least weekly for COVID-19.

Beyond the CCR, Title 8 requirements, above:
● All Non-Participant Visitors will be required to wear masks and use the non-contact digital thermometer/mask identifier upon entry. Signage will be posted at entries. ● Notifications on PPE Necessities/Covid-19 Procedures; Mask wearing and exemptions will be printed and available to employees, volunteers, and participants. Participants who are exempt from mask wearing, for example due to medical necessity, will be required to stay the full 6 feet apart from other participants at all times. Proof of exemption will be required. ● Participants in violation of the mask policy will be given one warning before being asked to leave the facility. Authorities will be contacted if a participant who has been asked to leave the facility refuses to do so. Seniors are instructed to have emergency transportation ready in case they are required to leave the facility.
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Section 5, Item F.
6 ● Seniors will be referred to their signed Code of Conduct Policy if they refuse to follow program and facility requirements.

Engineering controls
We implement the following measures for situations where we cannot maintain at least six feet between individuals: When 6feet distance is not possible, we limit the number of participants in the location.
● Restrooms only have enough room for 2 participants to safely use at a time, bilingual notifications are placed in easy-to-see locations by entry.

We maximize, to the extent feasible, the quantity of outside air for our buildings with mechanical or natural ventilation systems by:
● Ventilation system will be properly maintained and adjusted in accordance with maintenance and operation procedures.
● Where possible, we will increase filtration efficiency to the highest level compatible with the existing ventilation system.
● If circumstances arise, the amount of outside air may be minimized due to hazards, such as heat and wildfire smoke.

Cleaning and disinfecting
We implement the following cleaning and disinfection measures for frequently touched surfaces:
● Designated employees and volunteers will be instructed in Site Cleaning Protocols. This includes personal hygiene protocols, regularly-scheduled cleaning of facility (increasing cleanliness due to number of participants), and emergency cleaning procedures if a Covid-19 case is reported. ● Maintenance and Facility Staff will have adequate supplies and time for proper sanitation. ● Specific Cleaning/Sanitizing Protocols will be designated to locations such as; Dining Room, Kitchen, Nutrition Station, Coffee Station, Multi-activity Rooms, Offices, etc. ● Single-Use items will be implemented to reduce the need for continuous cleaning of multi-use items.

Should we have a COVID-19 case in our workplace, we will implement the following procedures: Staff members, volunteers, and participants will be asked to leave the facility until the hazard has been mitigated. Maintenance Staff, trained in Covid-19 cleaning protocols will disinfect the facility using:

QUAT #5 Disinfectant Cleaner and Ryobi Fogger with MaxClean Solution. Maintenance Staff are trained in CalOSHA approved workplace policies and procedures.

Shared tools, equipment and personal protective equipment (PPE) PPE must not be shared, e.g., gloves, goggles and face shields.

Items that employees come in regular physical contact with, such as phones, headsets, desks, 140
Section 5, Item F.
7 keyboards, writing materials, instruments and tools must also not be shared, to the extent feasible.

Where there must be sharing, the items will be disinfected between uses by; Employees trained in cleaning and sanitizing procedures using disinfectant wipes, sanitizing sprays, and foggers.

Sharing of vehicles will be minimized to the extent feasible, and high-touch points (for example, steering wheel, door handles, seat belt buckles, armrests, shifter, etc.) will be disinfected between users. ● Contribution box will be handled by designated staff only. Contributions will be placed in singleuse envelops before submitting into the box. ● Condiments and utensils will be pre-packaged single-use. ● Tables will not be pre-set, the use of table decorations, placemats, or table coverings will be eliminated.
● Single-use gloves will be used while clearing used items and handling trash.

Employees or volunteers performing dishwashing activities in the meal site kitchen will be provided equipment to protect the eyes, nose, and mouth from contaminant splash using a combination of face coverings, protective glasses, and/or face shields. Disposable aprons and gloves will also be used.

Hand washing and hand sanitizing
In order to implement effective hand sanitizing procedures, we:
● Encourage and allow time for employee and volunteerhandwashing. ● Provide an effective hand sanitizer - prohibiting hand sanitizers that contain methanol (i.e. methyl alcohol).
● All employees and volunteers are required to wash their hands for at least 20 seconds each time – frequency of handwashing will depend upon the type of activity – example activities include but are not limited to; food handling, managing frequently touched sign-in sheets, contribution box, or other activities that require touching multiple surfaces such as posting flyers. ● Hand sanitizer will be made available at each entrance, registration location, and at easily accessible locations in each activity room.

Personal protective equipment (PPE) used to control employees’ exposure to COVID-19
We evaluate the need and provide PPE (such as gloves, goggles, and face shields) as required by CCR Title 8, section 3380. When it comes to respiratory protection, we evaluate the need in accordance with CCR Title 8 section 5144 when the physical distancing requirements are not feasible or maintained. We provide and ensure use of eye protection and respiratory protection in accordance with section 5144 when employees are exposed to procedures that may aerosolize potentially infectious material such as saliva or respiratory tract fluids.

CDPH & Cal/OSHA's COVID-19 Industry Guidance - Restaurants CDPH/CalOSHA details on gloves, face coverings, and other personal protective equipment guidance relevant to our facility:
141
Section 5, Item F.
8 • Provide temperature and/or symptom screenings for all workers at the beginning of their shift and any vendors, contractors, or other workers entering the establishment. Make sure the temperature/symptom screener avoids close contact with workers to the extent possible. • If requiring self-screening at home, which is an appropriate alternative to providing it at the establishment, ensure that screening was performed prior to the worker leaving the home for their shift and follows CDC guidelines, as described in the Topics for Worker Training section above. • Encourage workers who are sick or exhibiting symptoms of COVID-19 to stay home. • Employers must provide and ensure workers use all required protective equipment, including face coverings and gloves where necessary.
• Employers should consider where disposable glove use may be helpful to supplement frequent handwashing or use of hand sanitizer; examples are for workers who are screening others for symptoms or handling commonly touched items. Workers should wear gloves when handling items contaminated by body fluids.
• Dishwashers should use equipment to protect the eyes, nose, and mouth from contaminant splash using protective glasses, goggles, or a face shield in addition to a face covering. Dishwashers must be provided impermeable aprons and change frequently. Reusable protective equipment, such as shields and glasses, should be properly disinfected between uses. • Employers must ensure workers maintain six feet of distance from others whenever possible.

When it is not possible, the length and frequency of interaction should be kept to a minimum. Where job duties require regular interaction (e.g. wait staff), employers should offer a secondary barrier (i.e. face shields or safety goggles) for use by workers who wish to use one and permit workers to use their own if they prefer.
• Employers must take reasonable measures, including public address announcements, posting signage in strategic and highly-visible locations, and in reservation confirmations, to remind the public that they must use face coverings whenever not eating or drinking (unless exempted per 8 the CDPH Face Covering Guidance), practice physical distancing, not touch their face, frequently wash their hands with soap and water for at least 20 seconds, and use hand sanitizer. • Remind guests in advance to bring a face covering and make them available to anyone who arrives without one, otherwise they should not be allowed to enter the premises (unless exempted per the CDPH Face Covering Guidance).
• Guests should be temperature and/or symptom screened upon arrival, asked to use hand sanitizer, and must bring and wear a face covering when not eating or drinking if not exempted per the CDPH Face Covering Guidance. Employers have the right to cancel reservations for individuals/parties with symptomatic guests and refuse entry.

Investigating and Responding to COVID-19 Cases
This will be accomplished by using the Appendix C: Investigating COVID-19 Cases form. Employees who had potential COVID-19 exposure in our workplace will be:
● Offered employees COVID-19 testing at no cost for a workplace exposure (with no symptoms) during their workinghours. If employees are at home on paid leave testing is not covered; employees can choose where to test on their own, or Huna Resource Department can set up an appointment if assistance is needed.
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Section 5, Item F.
9 ● The information on benefits described in Training and Instruction, and Exclusion of COVID-19 Cases, below, will be provided to them.

System for Communicating
Our goal is to ensure that we have effective two-way communication with our employees and volunteers in a form they can readily understand, and that it includes the following information:
● Employees and volunteers will report COVID-19 symptoms, possible hazards and close contact to their immediate supervisor
● That employees can report symptoms, hazards, and possible close contact without fear of reprisal.
● Our procedures or policies for employees with medical or other conditions that put them at increased risk of severe COVID-19 illness to request accommodations. ● When employees have a situation where testing is not required by employer, and employee is wanting testing, locations options will be provided for them. Testing is covered through employee health plan. If testing is not covered through employee plan or if they do not have coverage, free testing can be acquired through the use of federal programs, or free testing locations such as Rite-Aid. Rapid-Test locations can be provided for employees who desire/require one – these sites usually have a fee.
● In the event we are required to provide testing because of a workplace exposure or outbreak, we will communicate the plan for providing testing. Because of Assembly Bill 685 we have notices that we are required to use to notify employees of exposures and outbreaks and offer testing. ● Information about COVID-19 hazards employees (including other employers and individuals in contact with our workplace) may be exposed to, what is being done to control those hazards, and our COVID-19 policies and procedures.

See section below regarding the Programmatic Communication Plan.

Training and Instruction
We will provide effective training and instruction that includes:
● Our COVID-19 policies and procedures to protect employees from COVID-19 hazards, and how to participate in the identification and evaluation of COVID-19hazards. ● Information regarding COVID-19-related benefits to which the employee may be entitled under applicable federal, state, or local laws.
● The fact that:
○ COVID-19 is an infectious disease that can be spread through theair. ○ COVID-19 may be transmitted when a person touches a contaminated object and then touches their eyes, nose, or mouth.
○ An infectious person may have no symptoms.
● Methods of physical distancing of at least six feet and the importance of combining physical distancing with the wearing of face coverings.
● The fact that particles containing the virus can travel more than six feet, especially indoors, so 143
Section 5, Item F.
10 physical distancing must be combined with other controls, including face coverings and hand hygiene, to be effective.
● The importance of frequent hand washing with soap and water for at least 20 seconds and using hand sanitizer when employees do not have immediate access to a sink or hand washing facility, and that hand sanitizer does not work if the hands are soiled. ● Proper use of face coverings and the fact that face coverings are not respiratory protective equipment - face coverings are intended to primarily protect other individuals from the wearer of the face covering.
● The policy for providing respirators, and the right of employees who are not fully vaccinated to request a respirator for voluntary use.
● COVID-19 symptoms, and the importance of obtaining a COVID-19 test and not coming to work if the employee has COVID-19 symptoms (e.g. CDC Symptoms of COVID-19). ● How to access COVID-19 testing and vaccination; and the fact that vaccination is effective at preventing COVID-19, protecting against both transmission and serious illness ordeath. ● The conditions under which face coverings must be worn at the workplace and that face coverings are additionally recommended outdoors for people who are not fully vaccinated if six feet of distance between people cannot be maintained. Employees and volunteers can request face coverings from the employer at no cost to the employee and can wear them at work, regardless of vaccination status, without fear ofretaliation. ● The importance of informing program participants not to come to the meal site, if they have any COVID-19 symptoms or have been exposed to a person known to be positive for COVID-19.

Appendix D: COVID-19 Training Roster will be used to document this training.

Exclusion of COVID-19 Cases
Where we have a COVID-19 case in our workplace, we will limit transmission by:
● Ensuring that COVID-19 cases and employees or volunteers with close contact are excluded from the workplace until our return-to-work requirements aremet. ● Excluding employees with COVID-19 exposure from the workplace for 14 days after the last known COVID-19 exposure to a COVID-19 case.
● Continuing and maintaining an employee’s earnings, seniority, and all other employee rights and benefits whenever we’ve demonstrated that the COVID-19 exposure is work related. This will be accomplished by Supplemental Paid Sick Leave provided through Senate Bill (“SB”) 95 retroactive to January 1, 2021 and expires September 30, 2021.

Should employees use all 80 hours, they are given the option to use their accruals.

Should they run out of accruals, they can apply for payment from public sources. ● Providing employees at the time of exclusion with information on availablebenefits. ● See CC Title 8 section 9 for exceptions.
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Section 5, Item F.
11 Reporting, Recordkeeping, and Access
It is our policy to:
● Report information about COVID-19 cases and outbreaks at our workplace to the local health department whenever required by law, and provide any related information requested by the local health department.
● Report immediately to Cal/OSHA any COVID-19-related serious illnesses or death, as defined under CCR Title 8 section 330(h), of an employee occurring in our place of employment or in connection with any employment.
● Maintain records of the steps taken to implement our written COVID-19 Prevention Program in accordance with CCR Title 8 section 3203(b).
● Make our written COVID-19 Prevention Program available at the workplace to employees, authorized employee representatives, and to representatives of Cal/OSHA immediately upon request.
● Use the Appendix C: Investigating COVID-19 Cases form to keep a record of and track all COVID-19 cases. The information will be made available to employees, authorized employee representatives, or as otherwise required by law, with personal identifying information removed.

Return-to-Work Criteria
● COVID-19 cases with COVID-19 symptoms will not return to work until all the following have occurred:
○ At least 24 hours have passed since a fever of 100.4 degrees Fahrenheit or higher has resolved without the use of fever-reducing medications, and ○ COVID-19 symptoms have improved, and
○ At least 10 days have passed since COVID-19 symptoms firstappeared. ● COVID-19 cases who tested positive but never developed COVID-19 symptoms will not return to work until a minimum of 10 days have passed since the date of specimen collection of their first positive COVID-19 test.
● A negative COVID-19 test will not be required for an employee to return to work once the conditions above have been met.
● Persons who had a close contact and developed any COVID-19 symptom cannot return to work until the requirements above have been met, unless all of the following aretrue:
○ The person tested negative for COVID-19 using a polymerase chain reaction (PCR) COVID-19 test with specimen taken after the onset of symptoms; and ○ At least 10 days have passed since the last known close contact; and ○ The person has been symptom-free for at least 24 hours, without using fever reducing medications.
● If an order to isolate, quarantine, or exclude an employee is issued by a local or state health official, the employee will not return to work until the period of isolation or quarantine is completed or the order is lifted. If no period was specified, then the period will be 10 days 145
Section 5, Item F.
12 from the time the order to isolate was effective, or 14 days from the time the order to quarantine was effective.

Programmatic Considerations
Vaccines
Regarding COVID-19 vaccinations, the City of Kerman requires the following ● Staff is not required to be vaccinated.
● Employees are allowed to self-attest their status. All employees and visitors to City facilities, regardless of vaccination status are required to wear masks when indoors. ○ City of Kerman Employee Self-Attestation of COVID-19 Vaccination Status: The City of Kerman requests information about employee vaccination status for the following legitimate and non-discriminatory business purposes: To maintain a safe and healthy workplace as required under Labor Code section 6400, et seq.; To permit compliance with federal, state, and local laws and regulations related to COVID-19, including the Emergency Temporary Standards (Cal/OSHA COVID-19 Regulations) (See 8 C.C.R. §§ 3205-3205.4); and To ensure the continued safe operation of City of Kerman’s services.
○ It is not required to provide Information related to any health or medical conditions or any other confidential medical information while completing this form. If you provide any such information, the City of Kerman will return the form or information to you and require that you complete another attestation without such information.
● Employee Attestation as to Vaccination Status:
○ Employee attests to one of the following: **If employee becomes fully vaccinated at a later date or decides to disclose their status, a new form can be filled out and resubmitted.
○ If an employee is unvaccinated or chooses not to disclose vaccination status, that Cal/OSHA requires that employee wear face coverings when indoors or in a vehicle, and/or when required by CDPH. City of Kerman will provide face coverings that are clean and undamaged, and that supervisors can be contacted for replacements.

City of Kerman will provide a respirator if requested. It is the employee’s responsibility to wear it properly and ensure it has a proper seal while being worn. ● Should the masking policy change, policies may vary; those who are vaccinated will not be required to mask in the presence of others, those that chose to not disclose or are unvaccinated should mask while indoors or when in the vehicle with others and when social distancing is not possible.
● Employees interested in a list of vaccine locations will be directed to the City of Kerman website.
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Section 5, Item F.
13 Temperature / Symptom Screenings
Upon entering the Kerman Senior Center, employees, volunteers, and participants can voluntarily screen themselves for fever by non-contact digital thermometer/mask identifier. Staff utilize COVID19 screening form provided by the Human Resources Department to self-evaluate on a daily basis.

Liability Waivers
The City of Kerman utilizes an approved COVID-19 liability waiver for participation in programs and facility rental.

Managing Emotions
● Prior to reopening in June staff drafted a reopening plan which was reviewed by the Senior Advisory Board.
● Provide opportunities for open discussion with staff, volunteers, and participants.

Encourage staff to have a positive demeanor while engaging with participants. ● Phone call and flyer invitations were made to previous participants. Reopening plans were shared with the local newspaper, city website, and social media pages. Staff continues to participate in outreach events.
● Provide opportunity for open discussion and staff-led mediation to diffuse situations of conflict or ill-will. When situations arise, staff will refer to the Kerman Senior Center Code of Conduct.

Program Flexibilities
● When applicable, drive-through or virtual options will be made available. ● Program flexibilities will continue until no longer beneficial to participants. ● Continuous communication with staff, volunteers, and program participants on changes to program limitations.

Program Enrollment Transitions
● Continue to use the Congregate Meal Intake Form to enroll participants in the Nutrition Program. Seniors who are not able to return to the meal-site will be referred to the EOC Homebound Meal Program.
● Continue to provide information on program hours, transportation to and from the Kerman Senior Center and information on other supplemental food resources.

Home Delivered Meals (HDM) In-Home Assessments
● Pre-COIVD participants will be reassessed to determine continued eligibility of home delivered meals. New program participants will be assessed for eligibility following FMAAA guidelines and program availability. Assessments will continue based on FMAAA requirements, i.e. quarterly/annually.
○ Employee conducting home assessment will follow COVID-19 workplace policies, before, during, or after entry into client homes.
147
Section 5, Item F.
14 Other program considerations
● Continuing with only table service style meal service (no cafeteria style), including the use of hands-free coffee station with single use condiments.
● Allowing adequate time between programs for proper set up and sanitation. ● Current program considerations will not impact current staffing levels. ● The City of Kerman will backfill volunteer support with assigned *Welfare to Work* program participants.
● Staff will make as needed adjustments to programing and volunteer recruitment.

Programmatic Communication Plan
● Communicating with existing/previous clients, volunteers, staff, and the community at large about changes to program and facility policies and procedures. ● Onsite, how will you share information about protocols or policies? ○ Posting of clearly visible rules for employees (including host agency personnel), volunteers, and program participants at the meal site entrance that are to be a condition of entry. For example, instructions on the usage of hand sanitizer, how to maintain physical distance from others, avoiding unnecessary touching of dining site surfaces, contact information for the local health department, changes to meal service, etc.
○ Appropriate signage prominently displayed outlining proper face covering usage and current physical distancing practices
○ Verbal communication.
● How will you communicate about changes?
○ Staff will communicate new rules or protocols to participants, employeesand volunteers through updated bilingual signage, phone calls to participants, posting updates on City website and social media pages.
○ Informing participants to prepare for possible COVID case, exposure, or outbreak through bilingual signage posted in accessible areas.

Philip Gallegos, Parks and Recreation Director
Kerman Senior Center
720 S. 8th Street
Kerman, CA 93630
559-846-9328
[email protected]
X_______________________________________ ___________________________________ Parks and Recreation Director Date
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Section 5, Item F.
15 Appendix A: Identification of COVID-19 Hazards
All persons, regardless of symptoms or negative COVID-19 test results, will be considered potentially infectious. Particular attention will be paid to areas where people may congregate or come in contact with one another, regardless of whether employees are performing an assigned work task or not. For example: meetings, entrances, bathrooms, hallways, aisles, walkways, elevators, break or eating areas, cool-down areas, and waiting areas.

Evaluation of potential workplace exposure will be to all persons at the workplace or who may enter the workplace, including coworkers, employees of other entities, members of the public, customers or clients, and independent contractors. We will consider how employees and other persons enter, leave, and travel through the workplace, in addition to addressing fixed work locations.

Person conducting the evaluation: [enter name(s)]
Date: [enter date]
Name(s) of employee and authorized employee representative that participated: [enter name(s)] Interaction, area, activity,
work task, process, equipment
and material that potentially
exposes employees to COVID19 hazards
Places and times Potential for COVID-19
exposures and employees
affected, including members of
the public and employees of
other employers
Existing and/or additional
COVID-19 prevention
controls, including
barriers, partitions and
ventilation
149
Section 5, Item F.
16 Appendix B: COVID-19 Inspections
Date: [enter date]
Name of person conducting the inspection: [enter names] Work location evaluated: [enter information]
Exposure Controls Status Person Assigned
to Correct
Date
Corrected
Engineering
Barriers/partitions
Ventilation (amount of fresh air and
filtration maximized)
Additional room air filtration
Daily Facility Sanitation Fogging
[add any additional controls your workplace
is using]
Administrative
Physical distancing
150
Section 5, Item F.
17 Surface cleaning and disinfection
(frequently enough and adequate
supplies)
Hand washing facilities (adequate
numbers and supplies)
Disinfecting and hand sanitizing
solutions being used according to
manufacturer instructions
[add any additional controls
your workplace is using]
[add any additional controls
your workplace is using]
PPE (not shared, available and being worn)
Face coverings (cleaned sufficiently often)
Gloves
Face shields/goggles
Respiratory protection
[add any additional controls
your workplace is using]
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Section 5, Item F.
18 Appendix C: Investigating COVID-19 Cases
All personal identifying information of COVID-19 cases or symptoms will be kept confidential. All COVID19 testing or related medical services provided by us will be provided in a manner that ensures the confidentiality of employees, with the exception of unredacted information on COVID-19 cases that will be provided immediately upon request to the local health department, CDPH, Cal/OSHA, the National Institute for Occupational Safety and Health (NIOSH), or as otherwise required by law.

All employees’ medical records will also be kept confidential and not disclosed or reported without the employee’s express written consent to any person within or outside the workplace, unless disclosure is required or permitted by the law.

Date: [enter date]
Name of person conducting the investigation: [enter name(s)] Employee (or nonemployee*) name:Occupation (if nonemployee, why they were in the workplace):

Location where
employee worked (or
non-employee was
present in the
workplace):

Date investigation was
initiated:

Was COVID-19 test
offered?4
Name(s) of staff involved
in the investigation:

Date and time the
COVID-19 case was last
present in the
workplace:

Date of the positive or
negative test and/or
diagnosis:
4 Note that some exceptions apply. See CCR Title 8, Division 1, Chapter 4 for details. 152
Section 5, Item F.
19 Date the case first had
one or more COVID-19
symptoms:

Information received
regarding COVID-19 test
results and onset of
symptoms (attach
documentation):

Results of the evaluation
of the COVID-19 case
and all locations at the
workplace that may have
been visited by the
COVID-19 case during
the high-risk exposure
period, and who may
have been exposed
(attach additional
information):

Notice given (within one business day, in a way that does not reveal any personal identifying information of the COVID-19 case) of the potential COVID-19 exposure to:

All employees who may
have had COVID-19 close
contact and their
authorized
representatives.

Date:

Names of employees
that were notified:

Independent contractors
and other employers
Date:
153
Section 5, Item F.
20 present at the workplace
during the high-risk
exposure period.

Names of individuals
that were notified:

What were the workplace
conditions that could
have contributed to the
risk of COVID-19
exposure?
What could be done
to reduce exposure to
COVID-19?
Was local health
department notified? Date:
*Should an employer be made aware of a non-employee infection source COVID-19 status. 154
Section 5, Item F.
21 Appendix D: COVID-19 Training Roster
Date: [enter date]
Person that conducted the training: [enter name(s)]
Employee Name Signature
155
Section 5, Item F.
22 Additional Consideration #1: Multiple COVID-19 Infections and COVID19 Outbreaks This section of CPP will stay in effect until there are no new COVID-19 cases detected in the exposed group for a 14-day period.

COVID-19 testing
● We will make COVID-19 testing available at no cost to employees within the exposed group, during employees’ paid time.
● COVID-19 testing consists of the following:
○ All employees in the exposed group will be immediately tested and then tested again one week later. Negative COVID-19 test results of employees with COVID-19 exposure will not impact the duration of any quarantine period required by, or orders issued by, the local health department.
○ Immediately upon being covered by this section, testing shall be made available to all employees in the exposed group and then again one week later. Negative COVID-19 test results of employees with COVID-19 exposure shall not impact the duration of any quarantine, isolation, or exclusion period required by, or orders issued by, the local health department.
○ After the first two COVID-19 tests, we will continue to make COVID-19 testingavailable once a week at no cost, during paid time, to all employees in the exposed group who remain at the workplace, or more frequently if recommended by the local health department, until this section no longer applies pursuant to subsection(a)(2). ○ We will provide additional testing when deemed necessary byCal/OSHA.

Additional steps
● Employees in the exposed group shall wear face coverings when indoors, or when outdoors and less than six feet from another person, unless an allowable exceptionapplies. ● We will give notice to employees in the exposed group of their right to request a respirator for voluntary use, if they are not fully vaccinated.
● We will evaluate whether to implement physical distancing of at least six feet between persons or, where six feet of physical distancing is not feasible, the use of cleanable solid partitions of sufficient size to reduce COVID-19 transmission.
156
Section 5, Item F.
23 Investigation of workplace COVID-19 illness
We will immediately investigate and determine possible workplace-related factors that contributed to the COVID-19 outbreak in accordance with our CPP Investigating and Responding to COVID-19 Cases.

COVID-19 investigation, review and hazard correction
In addition to our CPP Identification and Evaluation of COVID-19 Hazards and Correction of COVID-19 Hazards, we will immediately perform a review of potentially relevant COVID-19 policies, procedures, and controls and implement changes as needed to prevent further spread of COVID-19.

The investigation and review will be documented and include:
● Investigation of new or unabated COVID-19 hazardsincluding:
○ Our leave policies and practices and whether employees are discouraged from remaining home when sick.
○ Our COVID-19 testing policies.
○ Insufficient outdoor air.
○ Insufficient air filtration.
○ Lack of physical distancing.
● Updating the review:
○ Every thirty days that the outbreak continues.
○ In response to new information or to new or previously unrecognized COVID-19hazards. ○ When otherwise necessary.
● Implementing changes to reduce the transmission of COVID-19 based on the investigation and review. We will consider:
○ Moving indoor tasks outdoors or having them performed remotely. ○ Increasing outdoor air supply when work is done indoors. ○ Improving air filtration.
○ Increasing physical distancing as much as possible.
○ Respiratory protection.
○ Suspension of programs and closing of facility as needed. ● In the Kerman Senior Center the filtration unit is currently compatible with MERV-8 filtration systems. Stand-Alone portable HEPA purifier filtration systems will be used as needed, depending on the square footage of the facility as needed.

Note that CDPH’s resources on Responding to COVID-19 in the Workplace for Employers has valuable additional information about preparing for a case or outbreak of COVID-19, including the topics below. 157
Section 5, Item F.
24 Make sure your plan includes specific details that address each of these aspects of preparing for an outbreak.
➔ Designating an infection prevention coordinator - perhaps even for each shift; ➔ Instructing workers when to stay home;
➔ When and how to communicating with relevant local health departments, unions, Cal/OSHA, and other stakeholders as may be required;
➔ Strategies for identifying any additional cases, such as identifying close contacts of an infected person and taking steps to isolate COVID-19 positive worker(s) and close contacts;
◆ Examples: grouping staff or volunteers in certain areas or shifts to reduce the number of people who could feasibly have extended contact, keeping track of which participants are in closer proximity, etc.
➔ Considerations for when to shut down operations;
➔ Notification protocols (e.g. employees, employers of subcontracted employees, others); ➔ Return to work criteria.

For additional information on employer responsibilities under AB 685 (Chapter 84, Statutes of 2020), refer to the Enhanced Enforcement and Employer Reporting Requirements from Cal/OSHA and the Employer Questions about AB 685 from CDPH.

Additional Consideration #3 - COVID-19 Prevention in EmployerProvided Transportation Assignment of transportation
To the extent feasible, we will reduce exposure to COVID-19 hazards by assigning employees sharing vehicles to distinct groups and ensuring that each group remains separate from other such groups during transportation, and during work activities. We will prioritize shared transportation assignments in the following order:
• Employees residing in the same housing unit will be transported in the samevehicle. • Employees working in the same crew or workplace will be transported in the same vehicle. • Employees who do not share the same household, work crew or workplace will be transported in the same vehicle only when no other transportation alternatives arefeasible.

Face coverings
We will ensure that the:
• Face covering requirements of our CPP Physical Distancing and Face Coverings are followed for employees waiting fortransportation.
• Vehicle operators and any passengers are separated by at least three feet in all directions during the operation of the vehicle, regardless of the vehicle’s normal capacity. 158
Section 5, Item F.
25 • Vehicle operators and any passengers who are unvaccinated are provided and wear a face covering in the vehicle as required by our CPP FaceCoverings.

Screening
We will develop, implement, and maintain effective procedures for screening and excluding drivers and riders with COVID-19 symptoms prior to boarding shared transportation.

Cleaning and disinfecting
We will ensure that:
• All high-contact surfaces (door handles, seat belt buckles, armrests, etc.) used by passengers are cleaned before each trip.
• All high-contact surfaces used by drivers, such as the steering wheel, armrests, seat belt buckles, door handles and shifter, are cleaned between differentdrivers. • All high-contact surfaces are disinfected after the use by a COVID-19 case during the high-risk exposure period, if the surface will be used by another employee within 24 hours of the COVID-19case. • We provide sanitizing materials, training on how to use them properly, and ensure they are kept in adequate supply.

Ventilation
We will ensure that vehicle windows are kept open, and the ventilation system set to maximize outdoor air and not set to recirculate air. Windows do not have to be kept open if one or more of the following conditions exist:
• The vehicle has functioning air conditioning in use and excessive outdoor heat would create a hazard to employees.
• The vehicle has functioning heating in use and excessive outdoor cold would create a hazard to employees.
• Protection is needed from weather conditions, such as rain orsnow. • The vehicle has a cabin air filter in use and the U.S. EPA Air Quality Index for any pollutant is greater than 100.

Hand hygiene
We will provide hand sanitizer in each vehicle and ensure that all drivers and riders sanitize their hands before entering and exiting the vehicle. Hand sanitizers with methyl alcohol are prohibited. 159
Section 5, Item F.

STAFF REPORT
MEETING DATE: September 27, 2023
PRESENTER: John Jansons, City Manager
SUBJECT: Revised Authorization of Purchase of Real Property, APN’s 023-204-14SU, 023-204- 16SU and 023-204-09 relating to new Public Safety Center (JAJ) RECOMMENDATION: Council by motion adopt resolution approving Revised Purchase of Sale Agreement and Joint Escrow Instructions for Real Property known as the land, building and improvements, identified as APN 023-204-14SU and 023-204-16SU (“Annex”) and an unimproved lot compromised of approximately 6,000 square feet, identified as APN 023-204- 09 (“Lot”) from the Barcus Family Limited Partnership, a California limited partnership (“Barcus FLP”) and S&K Moran Family Limited Partnership, a California limited partnership in the amount of $2,945,740.00 and Superseding the Approval of Agreement Referenced in Resolution No. 23-76.

DISCUSSION:

On September 13, 2023, City Council adopted Resolution No. 23-76, which approved a Purchase and Sale Agreement and Joint Escrow Instructions (the Agreement) for the purchase of Real Property, APNs 023-204-14SU, 023-204-16SU and 023-204-09 for a new Community Public Safety Center.

Since that approval, an issue has arisen that precludes the inclusion of the assignment of an existing lease as described in Section 3.7, B of the September 13, 2023 Agreement.

Staff now presents a Resolution, Attachment ‘A’ to amend the approved Agreement by removing language regarding, “Special Conditions - Existing Lease” in Section 3.7 B. The updated Agreement presented as Exhibit ‘A’, now has the following language removed:

3.7 Special Conditions. (b) Existing Lease. Seller is currently a party to that certain equipment lease for the lease of the cell tower affixed to the Annex (“Monopole Lease”) which has been disclosed to Buyer. As a condition of this Agreement, Seller shall assign, and Buyer shall assume, Seller’s rights, title, interest and obligations under the Monopole Lease, pursuant to that certain Assignment Agreement, attached hereto as Exhibit B and incorporated herein by reference (“Assignment”).

The future prospective lessee informed the seller that the cellular antenna they intended to install would not be compatible with the existing monopole. As a result, they have proposed installing it on the building rooftop. This has prevented the renewal of the lease and its intended assignment. It is now recommended that the buyer (City) work directly with Lessee, 160
Section 5, Item G.

T-Mobile to determine the proper placemen of the subject equipment. Since this is a material change to the original agreement, City Council approval is recommended to proceed with this priority property acquisition.

ATTACHMENTS:

A. Resolution w/Exhibit
161
Section 5, Item G.

Attachment ‘A’
RESOLUTION NO. 23-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN, CALIFORNIA APPROVING

REVISED PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS WITH BARCUS FAMILY LIMITED PARTNERSHIP, FOR APNS 023-204-14SU, 023-204-16SU AND 023- 204-09 FOR NEW COMMUNITY PUBLIC SAFETY CENTER AND SUPERSEDING THE APPROVAL OF THE AGREEMENT SET FORTH IN RESOLUTION 23-76 RECITALS
WHEREAS, on September 132, 2023, the City Council of the City of Kerman Approved a Resolution Authorizing a Purchase and Sale Agreement and Joint Escrow Instructions for the Purchase of Real Property with Barcus Family Limited Partnership, a California limited partnership and S&K Moran Family Limited Partnership, a California limited partnership in the amount of Two Million Nine Hundred Forty-Five Thousand Seven Hundred Forty and no/100 dollars ($2,945,740.00) for APNS 023-204-14su, 023-204-16su and 023-204-09 for new Community Public Safety Center; and
WHEREAS, the Agreement included provisions in Section 3.7, B that are now unattainable; and
WHEREAS, this condition has been removed, but was a material term of the Agreement; and
WHEREAS, a change of this significance warrants approval of the revised Agreement (Exhibit ‘A’) to this Resolution.

NOW, THEREFORE, the City Council of the City of Kerman, California resolves as follows:

Section 1. The above recitals are true and correct and incorporated herein by reference and the Council incorporates by reference the recitals in Resolution 23-76.

Section 2. The City Council approves the revised Purchase and Sale Agreement and Escrow Instructions attached as Exhibit A and incorporated herein by reference.

Section 3. The City Manager is authorized to implement the Agreement and to execute any necessary documents.

Section 4. Authorize and direct the Director of Finance to Deposit into Escrow Good Faith Down Payment of Thirty Thousand Dollars ($30,000).

Section 5. This Resolution is effective upon adoption.
162
Section 5, Item G.

The foregoing resolution was considered by the City Council to the City of Kerman at a regular meeting of said Council held on the 27th day of September 2023, and adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

The foregoing resolution is hereby approved.
________________________
Maria Pacheco
Mayor
ATTEST:
_________________________
Marci Reyes
City Clerk
163
Section 5, Item G.
13260.0008 05945689.000
1 Exhibit ‘A’

AGREEMENT FOR PURCHASE AND SALE

OF REAL PROPERTY AND JOINT ESCROW INSTRUCTIONS

THIS AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY AND JOINT ESCROW INSTRUCTIONS (“Agreement”) is made this ___ day of ____________, 2023, (“Agreement Date”) by and between the CITY OF KERMAN, a municipal corporation (“Buyer”), Barcus Family Limited Partnership, a California limited partnership (“Barcus FLP”) and S&K Moran Family Limited Partnership, a California limited partnership (“Moran FLP” and together with the Barcus FLP, collectively, “Seller”) with Chicago Title Company, Fresno California, as escrow holder (“Escrow Holder”). Seller and Buyer are collectively referenced as Parties.

R E C I T A L S
A. Seller owns that certain real property located in Fresno County, California and desires to sell said property in fee, more specifically identified as follows:
(i) an unimproved lot comprised of approximately 6,000 square feet, identified as APN 023-204-09 (“Lot”); and
(ii) the land, building and improvements, identified as 023-204-14SU and 023-204- 16SU (“Annex”).

The Lot and Annex are collectively referenced as “Property” and are more particularly described in Exhibit A and depicted in red and yellow on Exhibit A-1 which are attached and incorporated by reference.

B. Seller and Buyer wish to enter an agreement for the purchase and sale of the Property upon the terms and conditions more particularly set forth herein.

NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the Parties hereto agree as follows:

TERMS AND CONDITIONS

1. PURCHASE AND SALE OF PROPERTY. Pursuant to the terms and conditions of this Agreement, and for the consideration herein set forth, Buyer hereby agrees to purchase from Seller and Seller agrees to sell to Buyer, the Property in AS-IS condition. The parties agree that no personal property shall be included in this transaction.

2. OPENING OF ESCROW. Within five (5) days after the execution of this Agreement by both Buyer and Seller, the parties shall open an escrow (“Escrow”) with Chicago Title Company (“Title Company”) with an office located at 7330 N Palm Ave #101, Fresno, CA 93711, by causing an executed copy of this Agreement to be deposited with Escrow Holder together with Buyer’s Deposit (as defined in Section 3.2 below) (“Opening of Escrow”).

3. PURCHASE PRICE; DEPOSIT; PAYMENT OF PURCHASE PRICE.
164
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13260.0008 05945689.000
2 3.1 Purchase Price. The purchase price for the Property is Two Million Eight Hundred Sixty Thousand and No/100 Dollars ($2,860,000.00) for the Annex and Eighty-Five Thousand Seven Hundred Forty and No/100 Dollars ($85,740.00) for the Lot, for a total purchase price of Two Million Nine Hundred Forty-Five Thousand Seven Hundred Forty and No/100 Dollars ($2,945,740.00) (“Purchase Price”).

3.2 Deposit. Concurrently with Opening of Escrow, Buyer shall deposit with Escrow Holder the sum equal to Thirty Thousand and No/100 Dollars ($30,000.00) (“Deposit”) to be held by Escrow Holder for the benefit of the parties and applied against the Purchase Price at Closing (as defined in Section 5) or released, refunded or forfeited in accordance with the terms of this Agreement. The deposit shall be refundable to Buyer if Buyer exercises its option to terminate this Agreement on or before the last day of the Due Diligence Period (as defined below). If Buyer does not exercise its option to terminate this Agreement, the Deposit shall become nonrefundable and applicable to the Purchase Price. If escrow fails to close due to a material breach of this Agreement by Buyer, the Deposit shall be released from escrow to Seller as liquidated damages, and Seller agrees that this amount shall constitute Seller’s sole and exclusive remedy.

3.3 Payment of Purchase Price. On or before 1:00 p.m. on the business day preceding the Closing Date or such earlier time as required by Escrow Holder in order to close Escrow on the Closing Date, Buyer shall deposit into Escrow the balance of the Purchase Price in Good Funds (“Balance”).

3.4 Good Funds. Prior to Closing, all funds deposited in Escrow shall be in “Good Funds” which shall mean a wire transfer of funds from a financial institution located in the State of California.

3.5 Financing. Buyer has sufficient cash, available lines of credit, or other sources of immediately available funds to enable it to (a) deliver the amounts due at the Closing, (b) take such actions as may be required to consummate the contemplated transaction herein, and (c) timely pay and perform Buyer’s obligations under this Agreement. Buyer expressly acknowledges that the failure to have sufficient funds shall in no event be a condition to the performance of its obligations hereunder, and in no event shall the Buyer’s failure to perform its obligations hereunder be excused by failure to receive funds from any source.

3.6 1031 Exchange. Each party may engage in an Internal Revenue Code Section 1031 exchange with respect to the sale and purchase of the Real Property and will cooperate with the other Party (at no cost to the other Party) to the extent necessary to accomplish such exchange.

3.7 Special Conditions.
(a) Separation of Power. Seller owns the real property parcel located next to the Annex as depicted in green on Exhibit A-1. As a result, both parcels have been using the same power grid and meter provided by Pacific Gas and Electric Company (“PG&E”). Seller is in the process of separating the power systems between the two parcels, with the goal of installing a separate meter for the Annex. Buyer understands and acknowledges that the timeline for securing a separate meter for the Annex is conditioned on the approval and cooperation of PG&E, which is outside Seller’s control. Both parties understand and agree that completing the separation of power between to the two parcels may occur after the Closing of Escrow. Seller agrees to continue to share electrical service with the Annex for the benefit of Buyer, with Buyer to reimburse the monthly pro-rated share of its electrical usage following Close of Escrow and 165
Section 5, Item G.
13260.0008 05945689.000
3 during renovation of Property until such time that electrical service can be separated and each building can be served separately by PG&E with cost of such retrofit to be shared equally by Buyer and Seller.
(b) Records. Seller shall provide any records, documents service logs maintenance records, and warranties that pertain to the Annex its equipment or other pertinent documents including UST storage tank decommissioning records, if any. (c) Leaseback. As a material inducement to Seller entering into this Agreement, Buyer, as landlord, agrees to enter into a lease with an entity related to Seller, known as Kerman Telephone Co., a California corporation, as tenant, said lease to be negotiated during the Due Diligence Period (“Lease”). The Lease shall commence on the Closing Date and continue for a period of up to nine (9) months, and shall comprise approximately 3,660 square feet of the shop portion of the Annex, which shall be leased at a rate of $1.10 per square foot (“Leaseback Space”), as depicted on Exhibit B, attached hereto and incorporated herein by this reference. (d) Generator Removal. Seller has informed Buyer that there is a generator affixed to the Annex property that is currently being used by the Annex and Seller’s adjoining parcel. The Seller agrees to remove the generator before expiration of the Lease.

4. CLOSING FUNDS AND DOCUMENTS REQUIRED FROM BUYER AND SELLER.

4.1 Seller. Seller agrees that on or before 12:00 noon on the day preceding the Closing Date, Seller will deposit or cause to be deposited with Escrow Holder all of the following:
a. A grant deed in the form attached hereto as Exhibit C executed by Seller (“Grant Deed”).
b. A Non-Foreign Affidavit as required by federal law.
c. Such funds and other items and instruments as may be necessary in order for Escrow Holder or the Title Company to comply with this Agreement, including Seller’s Charges, defined below.
d. An executed copy of the Lease.

4.2 Buyer. Buyer agrees that on or before 12:00 noon on the day preceding the Closing Date, Buyer will deposit with Escrow Holder all additional funds, required under this Agreement, and all of the following:
a. A Preliminary Change of Ownership Statement completed in the manner required in Fresno County.
b. Such funds and other items and instruments as may be necessary in order for Escrow Holder or the Title Company to comply with this Agreement, including, but not limited to, the Deposit, the Balance, and Buyer’s Charges, defined below. c. An executed copy of the Lease.

4.3 Recordation, Completion and Distribution of Documents. Escrow Holder shall confirm that any documents signed in counterpart are matching documents and shall combine 166
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4 the signature pages thereof so as to create fully executed documents. Escrow Holder will date all the documents with the date of Close of Escrow. Escrow Holder will cause the Grant Deed to be recorded when it can issue the Owner’s Title Policy in accordance with Section 6.2, and holds for the account of Buyer and Seller, respectively, the funds and items described above to be delivered to Buyer and Seller, respectively, through Escrow, less costs, expenses and disbursements chargeable to the parties pursuant to this Agreement.

5. CLOSING DATE; OPTIONS TO EXTEND CLOSING; TIME IS OF ESSENCE.

5.1 Closing Date. Escrow shall close within sixty (60) days after Opening of Escrow (“Closing Date”).

5.2 Definition of Closing. The terms “Close of Escrow” and/or “Closing” mean the time Grant Deed is recorded in the Official Records of Fresno County.

5.3 Time is of Essence. The parties specifically agree that time is of the essence of this Agreement.

5.4 Possession. Subject to the terms and conditions of the Lease, upon the Close of Escrow, possession of the Property shall be delivered to Buyer.

6. TITLE POLICY.

6.1 Approval of Title.
(a) Promptly following execution of this Agreement but in no event later than ten (10) days following Opening of Escrow, a preliminary title report shall be issued by (“Title Company”), describing the state of title of the Property, together with legible copies of all exceptions and a map plotting all easements (“Preliminary Title Report”). Within twenty (20) business days after Buyer's receipt of the Preliminary Title Report, Buyer shall notify Seller in writing (“Buyer's Title Notice”) of Buyer's disapproval of any matters contained in the Preliminary Title Report (“Disapproved Exceptions”).
(b) In the event Buyer delivers Buyer's Title Notice within said period, Seller shall have a period of ten (10) days after receipt of Buyer's Title Notice in which to notify Buyer of Seller's election to either (i) agree to attempt to remove the Disapproved Exceptions prior to the Close of Escrow; or (ii) decline to remove any such Disapproved Exceptions (“Seller's Notice”).

If Seller notifies Buyer of its election to decline to remove the Disapproved Exceptions, or if Seller is unable to remove the Disapproved Exceptions (other than any obligations of Buyer under Section 7), Buyer may elect either to terminate this Agreement and the Escrow or to accept title to the Property subject to the Disapproved Exception(s). Buyer shall exercise such election by delivery of written notice to Seller and Escrow Holder within five (5) days following the earlier of (i) the date of written advice from Seller that such Disapproved Exception(s) cannot be removed; or (ii) the date Seller declines to remove such Disapproved Exception(s). (c) Upon the issuance of any amendment or supplement to the Preliminary Title Report which adds additional exceptions, the foregoing right of review and approval shall also apply to said amendment or supplement; provided, however, that Buyer's initial period of review and approval or disapproval of any such additional exceptions shall be limited to five (5) days following receipt of notice of such additional exceptions. 167
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5 (d) Nothing to the contrary herein withstanding, Buyer shall be deemed to have automatically objected to all leases, deeds of trust, mortgages, judgment liens, federal and state income tax liens, delinquent general and special real property taxes and assessments and similar monetary encumbrances affecting the Property (excluding any such items caused by Buyer), and Seller shall discharge any such non-permitted title matter of record prior to or concurrently with the Close of Escrow except as otherwise specifically provided in this Agreement.

6.2 Owner’s Title Policy. At the Close of Escrow, an ALTA owner's non-extended policy of title insurance shall be furnished to Buyer (“Owner’s Title Policy”) insuring title to the Property vested in Buyer, containing only (i) non-delinquent real property taxes and assessments and (ii) exceptions approved by Buyer in accordance with Section 6.1. The amount of the insurance coverage shall be in the amount of the Purchase Price. The cost of the Owner’s Title Policy shall be paid by Seller. If Buyer elects to obtain an extended ALTA owner’s policy, Buyer shall be responsible to secure a survey at its own cost and expense which shall be delivered to the Title Company not less than thirty (30) days prior to Closing and Buyer shall be responsible to pay for any additional premium. The Title Policy shall include extended coverage or endorsements that Buyer may request but at Buyer’s expense.

7. DUE DILIGENCE AND DUE DILIGENCE PERIOD. For a period of thirty (30) days following the Opening of Escrow (“Due Diligence Period”), Buyer shall have the right to perform any investigations, inspections, and review of documents as Buyer may reasonably determine in order to assess its willingness to purchase the Property pursuant to the terms of this Agreement.

7.1 Review and Approval of Documents and Materials. Within five (5) days of the Opening of Escrow, Seller shall deliver to Buyer any and all documents, reports, surveys, environmental assessments, engineering reports for the Property and other materials in Seller’s possession or under its control or that of its agents, respecting the Property, including any hazardous substance conditions report concerning the Property, any natural hazard zone disclosure report, (collectively, “Materials”). During the Due Diligence Period, Buyer may review and evaluate the Materials to determine whether the Property is appropriate for Buyer’s proposed use, in its sole discretion. Buyer is advised that there are no leases affecting the Property and there are no third parties in possession of the Property.

7.2 Buyer’s Due Diligence. During the Due Diligence Period, Buyer and its agents may, at Buyer’s sole expense, conduct tests and physical inspections of the Property, including building inspections and environmental site assessments desired by Buyer. Buyer shall also conduct such investigations with regard to zoning, building codes, and availability of permits and approvals for its intended construction and use of the Property, as it deems prudent in its sole discretion. Buyer shall provide evidence to Seller that Buyer has procured and paid premiums for an all-risk public liability insurance policy written on a per occurrence and not claims made basis in a combined single limit of not less than ONE MILLION DOLLARS ($1,000,000) which insurance names Seller as additional insured. Buyer shall keep the Property free and clear of all mechanic liens, lis pendens and other liens arising out of the entry and work performed under this paragraph and shall maintain or assure maintenance of workers' compensation insurance (or state approved self-insurance) on all persons entering the Property in the amounts required by the State of California. Buyer shall promptly restore the Property to the condition that it was in prior to those tests and inspections and shall indemnify, defend and hold Seller harmless from all damages, costs, loss, expense (including attorney fees) and liability resulting from Buyer’s activities, acts, and omissions on the Property, including, but not limited to, mechanic liens. 168
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6 Notwithstanding anything to the contrary contained in this Agreement, (i) the defense, indemnity, and hold harmless provision contained in this Section shall not apply to the extent such liabilities arise in connection with the sole negligence or willful misconduct of Seller, its employees, agents, contractors, licensees or invitees and (ii) provided further that Buyer shall have no liability to Seller or to its employees, agents, or contractors by reason of, nor shall Buyer have any duty to indemnify, defend, or hold any person or entity harmless from or against, any liabilities, including, without limitation, any claim for diminution in value of the Property or for environmental remediation or clean-up costs, resulting directly from Buyer having merely discovered and/or reported (to the extent required by applicable law) any adverse physical condition, title condition, environmental condition, or other defect with respect to the Property. The foregoing provisions shall survive the Closing or any termination of this Agreement. At Closing, Buyer shall take the Property subject to any title exceptions caused by Buyer exercising this license to enter the Property.

Copies of any final non-privileged, non-attorney-client work product reports including any survey prepared for Buyer this Agreement shall be delivered to Seller (at no cost to Seller) and, if the Closing does not occur, Seller shall be entitled to use without the consent of the preparer.

7.3 Buyer’s Termination Right. Buyer shall have the right at any time on or before the expiration of the Due Diligence Period to terminate this Agreement if, during the course of Buyer’s due diligence investigations of the Property, Buyer determines in its sole and absolute discretion that the Property is not acceptable to Buyer. Buyer may exercise its right to terminate by delivering written notice of termination to Seller and Escrow Agent (“Termination Notice”) on or before the expiration of the Due Diligence Period. Upon the timely delivery of such Termination Notice, (i) Escrow Agent shall immediately return the Deposit (less any cancellation charges) to Buyer without the need for further instruction or approval of the parties, and (ii) this Agreement shall automatically terminate and be of no further force or effect and neither party shall have any further rights or obligations hereunder. Notwithstanding anything contained herein to the contrary, if Buyer fails to provide a Termination Notice, then Buyer shall be conclusively deemed to have elected to approve its Due Diligence of the Property.

8. CONDITIONS PRECEDENT TO CLOSE OF ESCROW.

8.1 Conditions to Buyer's Obligations. The obligations of Buyer under this Agreement are subject to the satisfaction or written waiver, in whole or in part, by Buyer of each of the following conditions precedent (“Buyer’s Conditions Precedent”):
(a) Title Company will issue the Owner’s Title Policy as specified in Section

6.2. (b) Buyer has not issued a Termination Notice in accordance with Section 7.3. (c) Escrow Holder holds and will deliver to Buyer the instruments and funds, if any, accruing to Buyer pursuant to this Agreement.
(d) Seller is not in default of its obligations under this Agreement.

8.2 Conditions to Seller's Obligations. The obligations of Seller under this Agreement are subject to the satisfaction or written waiver, in whole or in part, by Seller of the following conditions precedent (“Seller’s Conditions Precedent”):
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7 (a) Escrow Holder holds and will deliver to Seller the instruments and funds accruing to Seller pursuant to this Agreement.
(b) Title Company will issue the Owner’s Title Policy as specified in Section

6.2. (c) Buyer is not in default of its obligations under this Agreement. (d) Buyer shall have performed each of the acts to be performed by it under this Agreement, including, without limitation, depositing the Purchase Price (as set forth in Section 3) and Buyer’s Charges (as defined below) into Escrow by the Closing Date.

9. DISCLAIMER OF WARRANTIES. Buyer specifically acknowledges, represents and warrants that, prior to Closing, Buyer and Buyer’s agents, consultants, contractors and representatives will have thoroughly inspected the Property and observed the physical characteristics and condition of the Property. Notwithstanding anything to the contrary contained in this Agreement, Buyer further acknowledges and agrees that Buyer is purchasing the Property subject to all applicable laws, rules, regulations, codes, ordinances and orders. Buyer further acknowledges and agrees that except for any representations and warranties expressly made by Seller in this Agreement, Seller did not make any representations, warranties or agreements of any kind whatsoever, whether oral or written, express or implied, statutory or otherwise, as to any matters concerning the Property, the condition of the Property, the size of the Property and/or the improvements thereon, the present use of the Property or the suitability of Buyer’s intended use of the Property. Buyer hereby acknowledges, agrees and represents that the Property is to be purchased, conveyed and accepted by Buyer in its present condition, “AS IS”, “WHERE IS” AND WITH ALL FAULTS. Buyer further acknowledges and agrees that any documents or information provided by Seller to Buyer are being made available to Buyer for informational purposes only, and, Seller is making no representations or warranties regarding such documents or other information, including the accuracy or completeness of any information contained therein. Buyer hereby represents and warrants to Seller that Buyer will, prior to expiration of the Due Diligence Period, perform an independent inspection and investigation of the Property and will also have investigated and have knowledge of operative or proposed governmental laws and regulations including land use laws and regulations to which the Property may be subject. Buyer further represents that, except for any representations (if any) expressly made by Seller in this Agreement, Buyer shall acquire the Property solely upon the basis of Buyer’s independent inspection and investigation of the Property. Without limiting the generality of the foregoing, Buyer expressly acknowledges and agrees that Buyer is not relying on any representation or warranty of Seller, whether implied, presumed or expressly provided at law or otherwise, arising by virtue of any statute, common law or other legally binding right or remedy in favor of Buyer, except as may be expressly provided in this Agreement.

Sellers’ Initials: _______ _______ Buyer’s Initials: _______

9.1 Release. To the maximum extent permitted by law, Seller, and its shareholder(s), partners, members, managers, directors, officers, employees, representatives, property managers, asset managers, agents, attorneys, affiliated and related entities, heirs, successors and assigns (collectively, the “Released Parties”) shall not be liable for any claim of any kind or character to any person or property arising from or caused by any of the condition of the Property.

Buyer on Buyer’s own behalf and on behalf of Buyer’s agents, members, partners, shareholders, employees, representatives, related and affiliated entities, successors and assigns (collectively, the “Buyer Parties”) hereby releases, waives, discharges, and covenants not to sue Seller or the 170
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8 Released Parties, and each of them, from and against any and all claims arising from, related to or caused by the condition of the Property. Buyer agrees that the above waiver and release extends to all claims of any nature and kind whatsoever, known or unknown, suspected or unsuspected, and Buyer, for itself and for the Buyer Parties, waives the benefits of California Civil Code Section 1542, which provides as follows:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR

RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT

THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD

HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
and all similar provisions or rules of law. Buyer elects to and does assume all risk for such claims against the Released Parties which may be brought by Buyer or Buyer Parties heretofore and hereafter arising, whether now known or unknown by Buyer. In connection therewith and to the greatest extent permitted by law, Buyer hereby agrees, represents and warrants that Buyer realizes and acknowledges that factual matters now unknown to Buyer may have given or may hereafter give rise to claims which are presently unknown, unanticipated and unsuspected, and Buyer further agrees, represents and warrants that the waivers and releases herein have been negotiated and agreed upon in light of that realization and that Buyer nevertheless hereby intends to release Seller from any such unknown claims which might in any way be included as a material portion of the consideration given to Seller by Buyer in exchange for Seller’s performance hereunder. Without limiting the foregoing, if Buyer has knowledge of (i) a default in any of the covenants, agreements or obligations to be performed by Seller under this Agreement and/or (ii) any breach or inaccuracy in any representation of Seller made in this Agreement, and Buyer nonetheless elects to proceed to Closing, then, upon the consummation of the Closing, Buyer shall be conclusively deemed to have waived any such default and/or breach or inaccuracy and shall have no claim against Seller or hereunder with respect thereto. Notwithstanding anything to the contrary herein, Seller shall not have any liability whatsoever to Buyer with respect to any matter disclosed to or discovered by Buyer or the Buyer Parties prior to the Closing Date.

Without limiting the generality of the foregoing, but subject to the immediately following paragraph, Buyer hereby expressly waives, releases and relinquishes any and all claims, rights and remedies Buyer may now or hereafter have against the Released Parties, whether known or unknown, under any environmental law(s), or common law, in equity or otherwise, with respect to (1) any past, present or future presence or existence of hazardous materials on, under or about the Property (including in the groundwater underlying the Property) or (2) any past, present or future violations of any environmental laws.

Notwithstanding anything in this Section to the contrary, the releases contained in this Section are not intended to and do not include (i) any claims arising from a breach of Seller’s express representations or warranties in this Agreement (subject to the limitations, disclaimers and other provisions of this Agreement), or (ii) any obligation or other covenant of Seller under this Agreement which by its express terms survives the Closing.

Seller has given Buyer material concessions regarding this transaction in exchange for Buyer agreeing to the provisions of this Section. Seller and Buyer have each initialed this Section to further indicate their awareness and acceptance of each and every provision hereof. The provisions of this Section shall survive the Closing.

Sellers’ Initials: _______ _______ Buyer’s Initials: _______ 171
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9 10. ESCROW PROVISIONS.

10.1 Escrow Instructions. Sections 1 through 6, inclusive; 8, 10, 13 and 14 constitute the escrow instructions to Escrow Holder. If required by Escrow Holder, Buyer and Seller agree to execute Escrow Holder's standard escrow instructions, provided that the same are consistent with and do not conflict with the provisions of this Agreement. In the event of any such conflict, the provisions of this Agreement shall prevail. The terms and conditions in sections of this Agreement not specifically referenced above are additional matters for information of Escrow Holder, but about which Escrow Holder need not be concerned. Buyer and Seller will receive Escrow Holder’s general provisions directly from Escrow Holder and will execute such provision upon Escrow Holder’s request. To the extent that the general provisions are inconsistent or conflict with this Agreement, the general provisions will control as to the duties and obligations of Escrow Holder only. Buyer and Seller agree to execute additional instructions, documents and forms provide by Escrow Holder that are reasonably necessary to close Escrow.

10.2 General Escrow Provisions. Escrow Holder shall deliver the Owner’s Title Policy to the Buyer and instruct the Fresno County Recorder to mail the Grant Deed to Buyer at the address set forth in Section 14 after recordation. All funds received in this Escrow shall be deposited in one or more general escrow accounts of the Escrow Holder with any bank doing business in Fresno County, California, and may be disbursed to any other general escrow account or accounts. All disbursements shall be according to that party's instructions.

10.3 Real Property Taxes. All general and special real property taxes and assessments shall be prorated to the Close of Escrow on the basis of a thirty (30) day month and a three hundred sixty-day (360) year.

10.4 Payment of Costs.
(a) Cost Allocation. Seller shall pay the costs for the Owner’s Title Policy, documentary transfer taxes and one-half (1/2) of the escrow costs (“Seller’s Charges”). Buyer shall pay one-half (1/2) of the escrow costs and be responsible for any recording charges (“Buyer’s Charges”). All other costs of Escrow not otherwise specifically allocated by this Agreement shall be apportioned between the parties in a manner consistent with the custom and usage of Escrow Holder for major commercial real estate transactions in the Fresno area. (b) Closing Statement. At least two (2) days prior to the Closing Date, Escrow Holder shall furnish Buyer and Seller with a preliminary escrow closing statement which shall include each party’s respective shares of costs. The preliminary closing statement shall be approved in writing by the parties. As soon as reasonably possible following the Close of Escrow, Escrow Holder shall deliver a copy of the final Escrow closing statement to the parties. (c) Prorations. Seller shall be responsible for any supplemental assessments or reassessments made to the extent attributable to any period prior to the Closing Date, and Buyer shall be responsible for all periods thereafter. Buyer shall pay any supplemental taxes assessed pursuant to the laws of the State of California resulting from the sale of the Property to Buyer. Escrow Holder shall prorate rents, interest, premiums on insurance acceptable to Buyer, and real and personal property taxes or assessments relating to the Property, including water district charges and assessments, if any, to the extent attributable to any period prior to the Closing Date to Seller, and to Buyer for all periods thereafter. 172
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10 10.5 Termination and Cancellation of Escrow. If Escrow fails to close as provided above, either party may elect to cancel this Escrow upon written notice to the other party and Escrow Holder. Cancellation of Escrow, as provided herein, shall be without prejudice to whatever legal rights Buyer or Seller may have against each other arising from the Escrow or this Agreement.

10.6 Information Report. Escrow Holder shall file and Buyer and Seller agree to cooperate with Escrow Holder and with each other in completing any report (“Information Report”) and/or other information required to be delivered to the Internal Revenue Service pursuant to Internal Revenue Code Section 6045(e) regarding the real estate sales transaction contemplated by this Agreement, including without limitation, Internal Revenue Service Form 1099-B as such may be hereinafter modified or amended by the Internal Revenue Service, or as may be required pursuant to any regulation now or hereinafter promulgated by the Treasury Department with respect thereto. Buyer and Seller also agree that Buyer and Seller, their respective employees and attorneys, and escrow Holder and its employees, may disclose to the Internal Revenue Service, whether pursuant to such Information Report or otherwise, any information regarding this Agreement or the transactions contemplated herein as such party reasonably deems to be required to be disclosed to the Internal Revenue Service by such party pursuant to Internal Revenue Code Section 6045(e), and further agree that neither Buyer nor Seller shall seek to hold any such party liable for the disclosure to the Internal Revenue Service of any such information.

10.7 No Withholding as Foreign Seller. Seller represents and warrants to Buyer that Seller is not, and as of the Close of Escrow will not be, a foreign person within the meaning of Internal Revenue Code Section 1445 or an out-of-state seller under California Revenue and Tax Code Section 18805 and that it will deliver to Buyer on or before the Close of Escrow a nonforeign affidavit on Escrow Holder's standard form pursuant to Internal Revenue Code Section 1445(b)(2) and the Regulations promulgated thereunder and a California Form 590-RE.

11. NON-COLLUSION. No official, officer, or employee of the Seller has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of the Seller participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interest found to be “remote” or “non-interest” pursuant to California Government Code Sections 1091 and 1091.5. Seller warrants and represents that (s)he/it has not paid or given, and will not pay or give, to any third party including, but not limited to, any official, officer, or employee of Buyer, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded this Agreement. Seller further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any official, officer, or employee of Buyer, as a result or consequence of obtaining or being awarded any agreement. Seller is aware of and understands that any such act(s), omission(s) or other conduct resulting in the payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

Sellers’ Initials: ________ ________

12. DEFAULT
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11 12.1. DEFAULT of BUYER; LIQUIDATED DAMAGES. IF BUYER SHOULD DEFAULT

UNDER THIS AGREEMENT, THEN BUYER AND SELLER AGREE THAT SELLER WILL INCUR

DAMAGES BY REASON OF SUCH DEFAULT BY BUYER OR FAILURE OF ESCROW TO

CLOSE ON OR BEFORE THE CLOSING DATE, WHICH DAMAGES SHALL BE IMPRACTICAL AND EXTREMELY DIFFICULT, IF NOT IMPOSSIBLE, TO ASCERTAIN. BUYER AND SELLER,

IN A REASONABLE EFFORT TO ASCERTAIN WHAT SELLER'S DAMAGES WOULD BE IN

THE EVENT OF SUCH DEFAULT BY BUYER HAVE AGREED BY PLACING THEIR INITIALS

BELOW THAT THE DEPOSIT SHALL BE DEEMED TO CONSTITUTE A REASONABLE ESTIMATE OF SELLER'S DAMAGES UNDER THE PROVISIONS OF SECTIONS 1671, 1676 and 1677 OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. IN THE EVENT OF AND FOR

SUCH DEFAULT BY BUYER, THE DEPOSIT SHALL BE SELLER'S SOLE MONETARY

REMEDY THEREFOR, UNLESS BUYER WRONGFULLY REFUSES TO CAUSE ESCROW

HOLDER TO CANCEL THE ESCROW, IN WHICH INSTANCE SELLER SHALL ALSO BE

ENTITLED TO ALL COSTS AND EXPENSES, INCLUDING ACTUAL ATTORNEYS' FEES

INCURRED BY SELLER WHICH MAY RESULT FROM BUYER'S WRONGFUL FAILURE TO CANCEL THE ESCROW AND THIS AGREEMENT. FURTHERMORE, THE FOREGOING

LIMITATION OF DAMAGES SHALL NOT APPLY TO ANY INDEMNIFICATION OBLIGATIONS OF BUYER.

Sellers’ Initials: _______ ______ Buyer’s Initials: _______

12.2 Default by Seller. If all conditions precedent to Seller's obligations to sell the Property have occurred but Seller fails to Close under this Agreement for any reason other than the default by Buyer under this Agreement, Buyer shall have the right to terminate this Agreement and receive the return of the Deposit.

13. NOTICES. All notices required or permitted under this Agreement shall be in writing and shall be served on the parties at the addresses set forth below. Any such notices shall, unless otherwise provided herein, be given or served (i) by depositing the same in the United States mail, postage paid, certified and addressed to the party to be notified, with return receipt requested, (ii) by overnight delivery using a nationally recognized overnight courier, (iii) electronic mail, or (iv) by personal delivery. Notice deposited in the mail in the manner hereinabove described shall be effective upon receipt or rejection of such notice. Notice given in any other manner shall be effective only if and when received (or rejected) by the party to be notified between the hours of 8:00 a.m. and 5:00 p.m. California time of any business day with delivery made after such hours to be deemed received the following business day. A party’s address may be changed by written notice to the other party; however, no notice of a change of address shall be effective until actual receipt of such notice. Copies of notices are for informational purposes only, and a failure to give or receive copies of any notice shall not be deemed a failure to give notice.

To Seller:

With a copy to:

Barcus Family Limited Partnership and
S&K Moran Family Limited Partnership
Attn: William Barcus
7600 N. Palm Avenue
Suite 101
Fresno, CA 93711
Email: [email protected]
Anna Allen
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12 Whitney, Thompson & Jeffcoach, LLP
970 W. Alluvial Avenue
Fresno, CA 93711
Email: [email protected]
To Buyer: City of Kerman
850 S. Madera Avenue
Kerman, CA 93630
Attention: John Jansons, City Manager
Email:

To Escrow Holder: Chicago Title Company
Sue Meyer
7330 N Palm Ave #101
Fresno, CA 93711
Email: [email protected]

15. GENERAL PROVISIONS.

15.1 Assignment. Neither party shall have the right to assign this Agreement or any interest or right hereunder or under the Escrow without the prior written consent of the other party.

Notwithstanding the foregoing, this Agreement shall be binding upon and shall inure to the benefit of Buyer and Seller and their respective heirs, personal representatives, successors and assigns.

15.2 Attorney’s Fees. In any action between the parties hereto, seeking enforcement of any of the terms and provisions of this Agreement or the Escrow, or in connection with the Property, the prevailing party in such action shall be entitled, to have and to recover from the other party its reasonable attorneys' fees and other reasonable expenses in connection with such action or proceeding, in addition to its recoverable court costs.

15.3 Interpretation; Governing Law. This Agreement shall be construed according to its fair meaning and as if prepared by both parties hereto. This Agreement shall be construed in accordance with the laws of the State of California in effect at the time of the execution of this Agreement, (without giving effect to its choice of law principles). Titles and captions are for convenience only and shall not constitute a portion of this Agreement. As used in this Agreement, masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the others wherever and whenever the context so dictates.

15.4 No Waiver. No delay or omission by either party in exercising any right or power accruing upon the compliance or failure of performance by the other party under the provisions of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either party of a breach of any of the covenants, conditions or agreements hereof to be performed by the other party shall not be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions or conditions hereof.

15.5 Modifications. Any alteration, change or modification of or to this Agreement, in order to become effective, shall be made by written instrument or endorsement thereon and in each such instance executed on behalf of each party hereto. 175
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13 15.6 Severability. If any term, provision, condition or covenant of this Agreement or the application thereof to any party or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this instrument, or the application of such term, provisions, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.

15.7 Merger. This Agreement and other documents incorporated herein by reference contain the entire understanding between the parties relating to the transaction contemplated hereby and all prior to contemporaneous agreements, understandings, representations and statements (including letters of intent), oral or written, are merged herein and shall be of no further force or effect.

15.8 Execution of Documents. The parties agree to execute such instructions to Title Company and such other instruments and to do such further acts as may be reasonably necessary to carry out the provisions of this Agreement.

15.9 Inducement. The making, execution and delivery of this Agreement by the parties hereto have been induced by no representations, statements, warranties or agreements other than those expressly set forth herein.

15.10 Relationship of Parties. Notwithstanding anything to the contrary contained herein, this Agreement shall not be deemed or construed to make the parties hereto partners or joint venturers, or to render either party liable for any of the debts or obligations of the other, it being the intention of the parties to merely create the relationship of Seller and Buyer with respect to the Property to be conveyed as contemplated hereby.

15.11 Survival. Notwithstanding the Closing, delivery of instruments, conveyances of Property, and payment of consideration therefor, the parties agree that the respective representations, warranties, covenants, indemnities, and agreements made by each party pursuant to this Agreement, or any document delivered pursuant to this Agreement, shall survive the Closing.

15.12 Indemnification of Seller. Buyer shall indemnify, defend, and hold harmless Seller, and Seller's successors and permitted assigns, and each of them, against and in respect of any or all claims, demands, losses, costs, expenses, obligations, liabilities, and damages of every nature (including, without limitation, the investigation and/or defense thereof, and reasonable attorneys’, paralegals’, and other professionals’ fees and costs resulting from Seller’s or its Agent’s actions or inactions), that any of them shall incur or suffer that arise out of, in connection with, or are related to (i) any debts, liabilities, responsibilities or obligations relating to the Real Property arising or accruing after the Closing, or (ii) any threatened or actual breach of any representation, warranty or covenant under this Agreement by Buyer.

15.13 Indemnification of Buyer. Seller shall indemnify, defend, and hold harmless Buyer, and Buyer's successors and permitted assigns, and each of them, against and in respect of any or all claims, demands, losses, costs, expenses, obligations, liabilities, and damages of every nature (including, without limitation, the investigation and/or defense thereof, and reasonable attorneys’, paralegals’, and other professionals’ fees and costs, resulting from Buyer’s or its Agent’s actions or inactions), that any of them shall incur or suffer that arise out of, in connection with, or are related to (i) any debts, liabilities, responsibilities or obligations relating to 176
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14 the Real Property arising or accruing on or before the Closing, or (ii) any threatened or actual breach of any representation, warranty or covenant under this Agreement by Seller.

15.14 No Personal Liability. No member, official, employee, agent or contractor of Seller shall be personally liable to Buyer in the event of any default or breach by Seller or for any amount which may become due to Buyer or on any obligations under the terms of the Agreement.

15.15 Material Damage or Condemnation Prior to Close of Escrow. Seller will bear the risk of condemnation and of damage to the Property or any portion thereof from any and all causes whatsoever except any damage caused by Buyer or Buyer’s representatives, employees, independent contractors or agents, up to the Close of Escrow. Buyer shall have the option, in the event that damage to the Property is material, or a material portion of the Property is taken by condemnation prior to the Close of Escrow, to terminate this Agreement, and if Buyer exercises its option to terminate, the Deposit shall be disbursed by Escrow Holder to Buyer within fifteen (15) days after a written demand from Buyer to Escrow Holder. If Buyer does not elect to terminate or if such condemnation or damage is not material, this Agreement shall remain in full force and effect, Seller shall assign to Buyer, at the Close of Escrow, any and all such condemnation or insurance proceeds, and Buyer shall take title to said Property subject to such condemnation or damage.

15.16 Representation by Counsel. Each party hereto represents and agrees with each other that it has been represented by or had the opportunity to be represented by, independent counsel of its own choosing, and that it has had the full right and opportunity to consult with its respective attorney(s), that to the extent, if any, that it desired, it availed itself of this right and opportunity, that it or its authorized officers (as the case may be) have carefully read and fully understand this Agreement in its entirety and have had it fully explained to them by such party’s respective counsel, that each is fully aware of the contents thereof and its meaning, intent and legal effect, and that it or its authorized officer (as the case may be) is competent to execute this Agreement and has executed this Agreement free from coercion, duress or undue influence.

15.17 Execution in Counterparts. This Agreement may be executed in several counterparts, and all so executed shall constitute one agreement binding on all parties hereto, notwithstanding that all parties are not signatories to the original or the same counterpart.

15.18 Exhibits. Exhibits A, A-1, B, and C are attached hereto and incorporated herein by reference.

15.19 Brokers. Buyer and Seller each represent and warrant to and for the benefit of the other that such party has not caused any liability for payment of any broker’s commission or finder’s fee to be incurred with respect to the transaction which is the subject of this Agreement, and both Buyer and Seller agree to indemnify and save the other party harmless from and against any liability for such commission or fee.

15.20 Authority. Buyer and Seller each represent and warrant to and for the benefit of the other that such party is a duly organized and validly existing corporation formed under the laws of the State of California, duly qualified to transact business in the State of California, and all of its obligations in connection herewith have been duly and validly authorized by all necessary action(s). Buyer and Seller further represent and warrant that each has the authority to sell or purchase the Property, and pay the Purchase Price, as the case may be, and to carry out the terms of this Agreement as set forth herein. Each party further warrants and represents that 177
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13260.0008 05945689.000
15 execution of this Agreement and performance of each party’s obligations under this Agreement will not violate any agreement, option, covenant, condition, obligation, or undertaking of said party.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement for Purchase and Sale of Real Property and Joint Escrow Instructions as of the Agreement Date.

Note: Sections 9, 11, and 12 need to be separately initialed by the parties.

SELLER BUYER

BARCUS FAMILY LIMITED
PARTNERSHIP, a California limited
partnership
By: ________________________
Ruth Barcus, General Partner
Date: ______________________

S&K FAMILY LIMITED PARTNERSHIP,
a California limited partnership
By: ________________________
Susan Moran, General Partner
Date: ______________________

CITY OF KERMAN,
a municipal corporation
By: ________________________
John Jansons, City Manager
Date: ______________________
ATTEST:
___________________________
Marci Reyes, City Clerk
APPROVED AS TO FORM:

MONTOY LAW CORPORATION
By: ________________________________
Hilda Cantu Montoy, City Attorney
Date: ______________________
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Section 5, Item G.
13260.0008 05945689.000
1 EXHIBIT A

LEGAL DESCRIPTION OF THE PROPERTY

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF FRESNO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

ANNEX BUILDING
Lots 1, 2, 3, and 4 in Block 13 of the Town of Kerman, in the City of Kerman, County of Fresno, State of California, as per map recorded March 27, 1906, in Book 3, Page 31 of Record of Surveys, Fresno County Records.

APN 023-204-14SU
Lots 5 and 6 in Block 13 of the Town, (now City), of Kerman, according to the map thereof recorded in Book 3 Page 31 of Record of Surveys, Fresno County Records.

EXCEPTING THEREFROM all oil, gas, other hydrocarbon substances and minerals of any kind or character, in, on, or thereunder, as reserved in Deeds of record.

APN 023-204-16SU
LOT
Lots 8 and 9 in Block 13 of the Town of Kerman, in the City of Kerman, County of Fresno, State of California, according to the map thereof recorded in Book 3, Page 31 of Record of Surveys, Fresno County Records.

APN 023-204-09
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13260.0008 05945689.000
1 EXHIBIT A-1

DEPICTION OF PROPERTY
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13260.0008 05945689.000
1 EXHIBIT B

DEPICTION OF LEASEBACK SPACE
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2 EXHIBIT C

GRANT DEED

GRANT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged and subject to the covenants set forth below the Barcus Family Limited Partnership, a California limited partnership and S&K Moran Family Limited Partnership, a California limited partnership (“Grantors”) grant to CITY OF KERMAN, a municipal corporation (“Grantee”), that certain improved real property in the City of Kerman, County of Fresno, State of California, as more particularly described in Exhibit A attached hereto and incorporated by this reference (“Property”), together with Seller’s right, title and interest in and to any and all privileges, easements, rights of way and other rights and appurtenances solely related to the ownership of the Property.

IN WITNESS WHEREOF, Grantor has caused this Grant Deed to be executed on its behalf as of the date written below.

BARCUS FAMILY LIMITED PARTNERSHIP,
a California limited partnership
By:__________________________
Ruther Barcus, General Partner
_________________, 2023

S&K MORAN FAMILY LIMITED
PARTNERSHIP, a California limited
partnership
By: ____________________
Susan Moran, General Partner
_________________, 2023
APN. 023-204-14SU; 023-204-16SU; 023-204-09 (Space Above This Line for Recorder’s Office Use Only) THE UNDERSIGNED GRANTOR DECLARES that the
documentary transfer tax (computer on full value) is
$______________.
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13260.0008 05945689.000
1 EXHIBIT A TO GRANT DEED

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF FRESNO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

APN 023-204-14SU
Lots 5 and 6 in Block 13 of the Town, (now City), of Kerman, according to the map thereof recorded in Book 3 Page 31 of Record of Surveys, Fresno County Records.

EXCEPTING THEREFROM all oil, gas, other hydrocarbon substances and minerals of any kind or character, in, on, or thereunder, as reserved in Deeds of record.

APN 023-204-09
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13260.0008 05945689.000
2 STATE OF CALIFORNIA )
) ss.

COUNTY OF FRESNO )
On _________________, 20__ before me, ___________________________, a notary public, personally appeared _______________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
_________________________________________
Notary Public
SEAL:

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
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Section 5, Item G.

STAFF REPORT
MEETING DATE: September 27, 2023
PRESENTER: Josefina Alvarez, Finance Director
SUBJECT: Amendment to Agreement with Muniservices, LLC (JA) RECOMMENDATION: Council by motion adopt Resolution Approving Amendment No. 2 to Consultant Services Agreement with Muniservices, LLC and authorize the City Manager to sign.

EXECUTIVE SUMMARY:

The City of Kerman signed an agreement with Muniservices, LLC in 1996, for consultant services for sales tax information and audit services (STARS). On January 2, 2019, the City entered Amendment Number 1, which included Measure M Sales Tax.

The resolution approving Amendment No. 2 to the agreement adds annual price adjustment language to reflect the increased costs of goods and services will be added. The City was currently paying $2,000 for a full year. Muniservices, LLC services would increase to $2,100 or $525 per quarter or 5%. Starting October 2, 2023, all fees and expenses associated with the Administration Services of the Agreement would increase five percent (5%) annually. The amendment would also extend the term of the agreement for an additional one-year period through October 1, 2024, and the agreement would expire unless extended by both parties via a written agreement.

All other terms of the agreement remain the same.

FISCAL IMPACT:

Increase of $100 to Professional Services.

ATTACHMENTS:

A. Resolution w/Exhibit
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Section 5, Item H.

Attachment ‘A’
RESOLUTION NO. 23-___
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN APPROVING AMENDMENT NO. 2 TO CONSULTANT SERVICES AGREEMENT BETWEEN CITY OF KERMAN AND MUNISERVICES, LLC
WHEREAS, the City and Muniservices, LLC entered into a Consultant Services Agreement (“Agreement”) on October 2, 1996 to perform, among other things, Sales and Use Tax Audit Services; and
WHEREAS, on January 16, 2019, the City and Muniservices, LLC approved Amendment No. 1 to the Agreement which included Measure M Sales Tax; and WHEREAS, the parties wish to make further amendments to the Agreement.

NOW THEREFORE, the City Council of the City of Kerman resolves as follows:

1. The foregoing recitals are true and correct and are incorporated by reference.

2. The City Council approves Amendment No. 2 to Consultant Services Agreement with Muniservices, LLC as set forth in Exhibit A which is incorporated by reference.

3. The City Manager is authorized to sign Amendment No. 2.

4. This resolution is effective upon adoption.

The foregoing resolution was adopted at a regular meeting of the City Council of the City of Kerman held on the 27th day of September 2023, and passed at said meeting by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

The foregoing resolution is hereby approved.
______________________
Maria Pacheco
Mayor
ATTEST:
__________________
Marci Reyes
City Clerk
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Section 5, Item H.

Exhibit ‘A’

CONSULTANT SERVICES AGREEMENT
AMENDMENT NO. 2
This second amendment to Consultant Services Agreement (“Amendment No. 2”) is made by and between Muniservices, LLC, a Delaware limited liability company (“CONSULTANT”), and the City of Kerman, a municipal corporation (“CITY”) collectively the Parties.

RECITALS
WHEREAS on or about October 1, 1996, CITY and Muniservices, LLC entered into a Consultant Services Agreement (“Agreement”) for Sales Tax Information & Audit Services (STARS); and WHEREAS, the Parties entered Amendment No. 1 to Agreement on January 2, 2019; and WHEREAS, an amendment and Novation Agreement substituting the Assigning Party (Avenu Insights & Analytics, LLC) for the Assuming Party (Muniservices, LLC) was entered effective June 23, 2021; and
WHEREAS, the Parties desire to extend the term of the Agreement for an additional one-year period through October 1, 2024; and
WHEREAS, Exhibit C, Section 5, Compensation, of the Agreement currently does not include annual Price Adjustment language to reflect the increased costs of goods and services; and WHEREAS, the Parties now seek to amend the Terms and Conditions of the Agreement to add Price Adjustment language.

AGREEMENT
NOW, THEREFORE, CONSULTANT and CITY (each individually a “party” and collectively, the “parties”) agree as follows:

SECTION 1. The foregoing recitals are true and correct and are incorporated by this reference.

SECTION 2. This Amendment No. 2 is effective on October 2, 2023 (“Amendment Effective Date”).

SECTION 3. The Term of the Agreement is renewed for an additional one (1) year through October 1, 2024, and the Agreement will expire on that date unless extended by the parties by mutual written agreement.
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Section 5, Item H.

SECTION 4. Exhibit C, Section 5, Compensation of the Agreement is amended to read as follows:

Consultant shall provide the Sales Tax Analysis and Reporting Service for Five Hundred Twenty-Five Dollars ($525) per quarter or for Two-Thousand One Hundred Dollars ($2,100) for the full year.

Price Adjustment
Commencing on October 2, 2023, all fees and expenses associated with the Administration Services of this Agreement are adjusted annually at the beginning of each Term Year of the Agreement by five percent (5%).

SECTION 5. All other terms and conditions of the Agreement, except as modified by this Amendment No. 2, shall remain in full force and effect.

CONSULTANT CITY
Muniservices, LLC, a California limited
partnership
By: ________________________
Date: ______________________

CITY OF KERMAN,
a municipal corporation
By: ___________________________
John Jansons, City Manager
Date: ______________________
ATTEST:
______________________________
Marci Reyes, City Clerk
APPROVED AS TO FORM:

MONTOY LAW CORPORATION
By: ____________________________
Hilda Cantu Montoy, City Attorney
Date: _____________________
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Section 5, Item H.

STAFF REPORT
MEETING DATE: September 27, 2023
PRESENTERS: Marci Reyes, City Clerk
Jesus R. Orozco, Community Development Director
Theresa Johnson, Community Services Director
Hilda Cantu Montoy, City Attorney
SUBJECT: Ordinance Relating to City of Kerman Boards and Commissions (MR)

RECOMMENDATIONS
Staff recommends the City Council:

1. Waive full reading and introduce Ordinance Adding Chapter 2.26 to Title 2 of the Kerman Municipal Code Relating to City Boards and Commissions, repealing Chapters

2.28 and 2.32, and Adding New Chapters 2.28, 2.32, and 2.34 related to Planning Commission; Parks, Recreation, and Community Services Commission; and Sales Tax Oversight Committee.

2. Repeal Resolution Nos. 19-16 and 22-61 relating to the Sales Tax Oversight Committee EXECUTIVE SUMMARY:

The proposed ordinance updates the process for establishment of boards and commissions in the City of Kerman that conforms with state law changes over time and to current circumstances. The proposed ordinance establishes Chapter 2.26 in the Municipal Code for City Boards and Commissions which includes the appointment process, terms, qualifications, eligibility, Brown Act requirements, and vacancies. This will ensure that staff and members of the public alike have the information needed. This chapter applies to current and future boards and commissions. The proposed ordinance also updates Chapter 2.28 and 2.32 relating to the Planning Commission and Parks, Recreation, and Community Services Commission, and adds a new Chapter 2.34 relating to the Sales Tax Oversight Committee.

DISCUSSION:

The proposed ordinance was prepared collectively by the City Clerk who is responsible for maintaining the roster for boards and commissions, the Directors who sit with the Planning Commission and Parks, Recreation, and Community Services, and the City Attorney. The purpose is to update procedures with current circumstances and to comply with two state laws.

First, Government Code Section 40605 requires that in cities with elected mayors, the Mayor makes appointments to boards and commissions and the City Council approves the 189
Section 7, Item A.
appointments. Second Government Code Section 54972 provides for the Local Appointment List for all boards and commissions. The City Clerk is responsible for maintaining the list.

The process for appointment under proposed Chapter 2.26 will be similar in that the City Clerk will advertise for positions. Thereafter, the Mayor alone or with another Councilmember may interview the applicants. The Mayor then makes the appointments subject to Council approval.

The Council considers the appointments and determines whether to approve or reject the Mayor’s appointments. If the Council rejects the appointment(s), the Mayor may make another appointment(s) subject to the Council’s approval. The California Attorney General has described this as follows: “the Legislature intended to create a system of checks and balances by placing the appointment authority in the hands of the elected mayor, while giving the city council the right to reject mayoral appointments.” (81 Ops. Cal. Atty. Gen. 75) Chapter 2.26 clarifies issues that have come up from time to time. The following is a summary:
 All appointees would be required to be at least 18 years old and a City resident at the time their application is submitted and during their incumbency.  Each board and commission shall have five members.
 Employees of City shall not be eligible to serve as board members.  A person may not serve on more than one board or commission at a time.  Terms shall be for three years.
 Current board or commission members will continue to serve until their current term expires.
 Commencing in January 1, 2024, after serving two consecutive terms, a one year period must elapse before board members can be reappointed to the same board or commission.
 Members of the City Council who serve as a liaison to a city board or commission are not voting members, shall not try to influence boards or commission, and should provide periodic reports to the Council.
 If a member misses three consecutive meetings or is convicted of a felony, that member’s position on a board or commission will be deemed vacant.  A majority of the Council may remove a member of a board or commission.  Clarifies that all meetings are subject to the Brown Act.

The chapters establishing the Planning Commission; Parks, Recreation, and Community Services Commission and Sales Tax Oversight Committee address their establishment, meetings and organization, powers and duties, and staffing and administration. Revisions to said chapters take into account issues with lack of quorum due to the seven- and nine-member requirement of the Commissions. Additionally, term limits and residency requirements under Chapter 2.26, provides new and future City residents with an opportunity to serve on a board or commission.
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Section 7, Item A.

ENVIRONMENTAL REVIEW:

A preliminary environmental assessment has been performed for this project pursuant to the California Environmental and Quality Act (CEQA). There are findings to determine with certainty that, pursuant to CEQA Guidelines Section 15061(b)(3), there is no possibility that this project may have a significant, adverse, impact on the environment. This is because this project involves purely procedural policies with no impacts on the environment. Therefore, this project is not subject to CEQA.

FISCAL IMPACT:

The streamlining of the procedures will create savings in advertising for positions and staff time.

ATTACHMENTS:

A. Ordinance
B. Resolution Repealing Sales Tax Oversight Committee
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Section 7, Item A.

Attachment ‘A’
ORDINANCE NO. 23-__

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF KERMAN ADDING CHAPTER 2.26 TO TITLE 2 OF THE KERMAN MUNICIPAL CODE RELATING TO CITY BOARDS AND COMMISSIONS, REPEALING CHAPTERS 2.28 AND 2.32, AND ADDING NEW CHAPTERS 2.28, 2.32, AND 2.34 RELATING TO THE PLANNING COMMISSION; PARKS, RECREATION, AND COMMUNITY SERVICES COMMISSION;

AND SALES TAX OVERSIGHT COMMITTEE
The City Council of the City of Kerman does ordain as follows:

SECTION 1. Title 2 “Administration and Personnel” of the Kerman Municipal Code is amended by adding Chapter 2.26 relating to Boards and Commissions to read as follows:

Chapter 2.26

CITY BOARDS AND COMMISSIONS
Sections

2.26.010 General.

2.26.020 Appointments and Terms.

2.26.030 Qualifications and Eligibility

2.26.040 Terms, Removal, and Vacancies.

2.26.050 Boards and Commissions Subject to the Brown Act.

2.26.060 Compensation.

2.26.010 In General.

There shall be City boards and commissions as are established by the City Council. The Council may create by ordinance additional boards and commissions as in its judgment are required. The term “City boards and commissions” shall also apply to certain committees created by Council other than temporary committees to review an issue but it shall not apply to ad hoc committees of the City Council as authorized under the Brown Act.

2.26.020 Appointments.

A. Unless otherwise specifically provided by state law, appointmentsto boards and commissions established by the City Council shall be made by in accordance with this chapter. This chapter shall not apply to appointments made pursuant to joint powers agreements.

B. The Mayor is authorized pursuant to Government Code Section 40605 to make appointments to City boards and commissions subject to approval by the City Council. 192
Section 7, Item A.
2 1. The City Clerk shall be responsible for advertising positions on boards and commissions annually in accordance with Government Code Section 54974 (the Maddy Act) and when vacancies occur per Section 2.26.030. In the event no applications are received, the City Clerk will re-advertise for the position(s).

2. The Mayor shall review the applications and make appointments to respective positions.

In the event no applications are received, after issuance and re-issuance, the Mayor may make the appointment(s) and submit to City Council for approval.

3. The appointments will be submitted to the City Council for approval at a duly noticed public meeting.

4. The Council may appoint a member of the City Council to serve as a liaison to City boards and commissions. The liaison (i) shall not sit with the board or be a voting member; (ii) may answer questions of the board but shall not try to influence the board; and (iii) should provide periodic reports to the City Council as deemed necessary.

2.26.030 Qualifications and Eligibility.

A. Unless otherwise provided by superseding law or ordinance, all members of any City board or commission shall be at least 18 years old and residents of the City at the time an application for the position is filed and during their incumbencies.

B. Employees of City shall not be eligible to serve on a City board and commission. Employees of City may serve as staff to City Boards and commissions.

C. Applicants to City boards and commissions should have knowledge, appreciation, and a basic understanding of public issues and concerns related to the City.

D. Any person who has served two full consecutive terms shall not be reappointed to the same board or commission until a one-year period has elapsed. This provision regarding two consecutive terms shall not apply to a person whose term commenced prior to January 1, 2024.

E. A person shall not be eligible to serve on two different City boards or commissions at same time.

2.26.040 Terms, Removal, and Vacancies.

A. Terms on City boards and commissions shall be for a period of three years and until their successors are appointed.

B. The respective terms of office of all members of City boards and commissions in existence on December 1, 2023, shall continue until they expire. Thereafter, vacancies shall be filled in accordance with this chapter.
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Section 7, Item A.
3 C. A member’s office on a board or commission shall become vacant if that member (i) is absent from three consecutive regular meetings for boards and commissions that have regular monthly meetings and two consecutive meetings for boards and commissions that do not meet monthly; (ii) is convicted of a felony; or (iii) dies while in office; (iv) resigns; or (v) ceases to be a City resident. Boards or commissions may provide language in their rules and regulations for exceptions to absences such as for military duty or medical conditions. The staff person serving as secretary to a board or commission shall contact the Mayor and City Clerk so that the position may be filled in accordance with this chapter.

D. Members of City boards and commissions may be removed by a majority vote of the full City Council.

E. In accordance with the Maddy Act, a notice of all unscheduled vacancies shall be posted in the office of the City Clerk and the City’s website, not earlier than 20 days before or not later than 20 days after the vacancy occurs. Final appointment to a board or commission shall not be made for at least 10 working days after the posting of the notice in the City Clerk's office.

2.26.050 Boards and Commissions Subject to the Brown Act.

City boards and commissions established under Title 2 of this Code are subject to the Ralph M.

Brown Act (“Brown Act”; Government Code Sections 54950 et seq.). Agendas shall contain sufficient information as required by the Brown Act and be posted as required. All meetings of City boards and commissions shall be conducted in accordance with the Brown Act.

2.26.060 Compensation.

Members of City boards and commissions shall serve without compensation for their service unless otherwise provided by resolution of the City Council. Members may receive reimbursement for necessary traveling and other expenses incurred on official duty or training when such expenditures have received authorization in the City budget.

SECTION 2. Title 2 “Administration and Personnel” of the Kerman Municipal Code is amended by repealing Chapter 2.28 and adding new Chapter 2.28 related to the Planning Commission to read as follows:

Chapter 2.28

PLANNING COMMISSION
Sections:

2.28.010 Establishment.

2.28.020 Meetings and Organization.
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Section 7, Item A.
4 2.28.030 Powers and Duties

2.28.040 Staffing and Administration.

2.28.010 Establishment.

There shall be a Planning Commission in the City of Kerman as authorized under the State Planning and Zoning Law (Government Code Sections 65100 et seq.). The Planning Commission shall consist of five members appointed as required under Chapter 2.26 of this Title.

2.28.020 Meetings and Organization.

The Planning Commission, by resolution, shall establish rules and regulations consistent with the policies and ordinances of the city. Said rules and regulations may be updated by the Planning Commission as it may be deemed necessary.

A. The Commission may adopt rules and regulations to govern proceedings and shall set a time for regular meetings.

B. The Commssion shall elect a chairperson and vice-chairperson. Their respective duties shall be as are usually carried out by such officers. Officers shall hold office for one year and until their successors are elected.

C. A majority of the members of the Commssion shall constitute a quorum for the transaction of business.

D. Commission meetings are subject to all open-meeting laws, and must be noticed and open to the public. Commission minutes and reports are a matter of public record and must be made available to the public in the manner provided by law.

2.28.030 Powers and Duties.

A. The Planning Commission shall have the general powers and duties specified for the planning commission by city ordinance.

B. The Planning Commission shall perform the functions assigned to a city planning commission by State Planning and Zoning Law and other statutes of the state relating to planning and zoning.

C. The planning commission cannot, under any circumstances, incur any indebtedness against the City, or any of the funds of the City.

2.28.040 Staffing and Administration
The Community Development Director or designee shall serve as the secretary to the Planning Commission and is authorized to sign necessary resolutions for the commission upon authority of said Commission in each instance. The Community Development Director shall perform those duties set forth in Titles 16 and 17 of this Code. The City Manager may appoint, as needed, other City employees or contracted consultants to serve as technical advisors thereto. 195
Section 7, Item A.
5 SECTION 3. Title 2 “Administration and Personnel” of the Kerman Municipal Code is amended by repealing Chapter 2.32 and adding new Chapter 2.32 relating to the Parks, Recreation, and Community Services Commission to read as follows:

Chapter 2.32
Parks, Recreation, and Community Services Commission
Sections:

2.32.010 Establishment.

2.32.020 Meetings and Organization.

2.32.030 Powers and Duties

2.32.040 Staffing and Administration.

2.32.010 Establishment
There shall be a Parks, Recreation, and Community Services Commission in the City of Kerman which may also be referenced as the “Parks and Recreation Commission.” The Parks, Recreation, and Community Services Commission shall consist of five members appointed as required under Chapter 2.26 of this Title.

2.32.020 Meetings and Organization
The Parks, Recreation, and Community Services Commission, by resolution, shall adopt rules and regulations consistent with the policies and ordinances of the city. Said rules and regulations may be updated by the Commission as it may be deem necessary.

A. The Commission may adopt rules and regulations to govern proceedings and shall set a time for regular meetings.

B. The Commission shall elect a chairperson and vice-chairperson. Their respective duties shall be as are usually carried out by such officers. Officers shall hold office for one year and until their successors are elected.

C. A majority of the members of the Commission shall constitute a quorum for the transaction of business.

2.32.030 Powers and Duties
The Commission shall have the following powers and duties:

A. Provide advice and recommendations to the Community Services Director and the City Council on the operation and maintenance of City parks, the Kerman Community Center, and other City public or recreation facilities.
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Section 7, Item A.
6 B. Provide advice and recommendations on the acquisition, development and operation of public park facilities and other City recreation facilities.

C. Perform other functions assigned by the City Council or as required by City policy or the Kerman Municipal Code.

2.32.040 Staffing and Administration
The Community Services Director or designee shall serve as the secretary to the Commission and is authorized to sign necessary resolutions for the Commission upon authoirty of said Commission in each instance.

SECTION 4. Title 2 “Administration and Personnel” of the Kerman Municipal Code is amended by adding new Chapter 2.34 related to the Citizens Oversight Committee to read as follows:

Chapter 2.34
Sales Tax Oversight Committee
Sections:

2.34.010 Establishment.

2.34.020 Meetings and Organization.

2.34.030 Powers and Duties

2.34.040 Staffing and Administration.

2.34.010 Establishment.

A Sales Tax Oversight Committee is hereby established in accordance with Section 3.16A.050 C of the Kerman Municipal Code.The Sales Tax Oversight Committee shall consist of five members.

2.34.020 Meetings and Organization.

The Oversight Committee, by resolution, shall adopt rules and regulations consistent with the policies and ordinances of the city. Said rules and regulations may be updated by the Committee as it may be deem necessary.

A. The Committee may adopt rules and regulations to govern proceedings and shall set a time for regular meetings.

B. The Committee shall elect a chairperson and vice-chairperson. Their respective duties shall be as are usually carried out by such officers. Officers shall hold office for three years and until their successors are elected.

C. A majority of the members of the Committee shall constitute a quorum for the transaction of business.
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Section 7, Item A.
7 D. Committee meetings are subject to all open-meeting laws, and must be noticed and open to the public. Committee minutes and reports are a matter of public record and must be made available to the public in the manner provided by law.

2.34.030 Powers and Duties.

A. The Sales Tax Oversight Committee shall review the City’s Annual Review Report regarding the Sales Tax Ordinance established under Chapter 3.16A of the Kerman Municipal Code.

B. The Sales Tax Oversight Committee may provide advisory input to the City Council regarding sales tax revenues and expenditures under Chapter 3.16A of the Code.

2.34.040 Staffing and Administration
The City Clerk or designee shall serve as the secretary to the Sales Tax Oversight Committee. and is authorized to sign necessary resolutions for the Committe upon authority of said Committee.

SECTION 5. CEQA. A preliminary environmental assessment has been performed for this project pursuant the California Environmental and Quality Act (CEQA). The City Council finds and determines with certainty that, pursuant to CEQA Guidelines Section 15061(b)(3), there is no possibility that this project may have a significant, adverse, impact on the environment. This is because this project involves purely procedural policies with no impacts on the environment.

Therefore, this project is not subject to CEQA.

SECTION 6. Severability. If any section, subsection, phrase, or clause of this ordinance is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Ordinance.

SECTION 7. Publication. This ordinance shall be published in accordance with the provisions of Government Code Section 36933.

SECTION 8. Effective Date. This ordinance shall become effective thirty (30) days after the date of adoption.

The foregoing ordinance was introduced at a regular meeting of the City Council of the City of Kerman on the 27th day of September, 2023 and was passed and adopted at a regular meeting of the City Council of the City of Kerman on the __ day of ___________, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
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Section 7, Item A.
8 The foregoing ordinance is hereby approved.
__________________________
Maria Pacheco
Mayor
ATTEST:
________________________
Marci Reyes
City Clerk
199
Section 7, Item A.

Attachment ‘B’
RESOLUTION NO. 23-__

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN RESCINDING RESOLUTIONS 19-16 AND 22-62 RELATING TO KERMAN SALES TAX OVERSIGHT COMMITTEE WHEREAS, the City Council adopted Resolution 19-16 establishing the Sales Tax Oversight Committee in accordance with Section 3.16A.050C of the Kerman Municipal Code; WHEREAS, the City Council adopted Resolution 22-61 approving bylaws for the Kerman Sales Tax Oversight; and
WHEREAS, the City Council has determined to adopt an ordinance relating to City boards and commissions including the Sales Tax Oversight Committee.

NOW THEREFORE, the City Council of the City of Kerman, does resolve as follows:

Section 1. The foregoing recitals are true and correct and incorporated by reference.

Section 2. Resolution 19-16 and 22-61 are rescinded.

Section 3. This resolution shall be effective upon the effective date of Ordinance Adding Chapter 2.26 to Title 2 of the Kerman Municipal Code Relating to City Boards and Commissions, Repealing Chapters 2.28 and 2.32, and Adding New Chapters 2.28, 2.32, And 2.34 Relating to the Planning Commission; Parks, Recreation, and Community Services Commission; and Sales Tax Oversight Committee.

The foregoing resolution was introduced at a regular meeting held on the 27th day of September 2023, and passed at said meeting by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

The foregoing resolution is hereby approved.
_______________________
Maria Pacheco
ATTEST: Mayor
_______________________
Marci Reyes
City Clerk
200
Section 7, Item A.

Kerman City CouncilSeptember 27, 2023

Kerman City Council
September 27, 2023