Agenda packet — Kerman City Council, August 12, 2026 (part 1 of 2)

CITY COUNCIL REGULAR MEETING AGENDA
Wednesday, August 12, 2026 at 6:00 PM
City Hall, 850 S. Madera Avenue, Kerman, CA 93630
Zoom: Kerman City Council Meeting
Telephone Number: (669) 900-6833
Meeting ID: 832 7703 1207
Passcode: 93630
If prompted for participant ID press #
Dial *9 to raise hand. Once called upon, dial *6 to unmute.

LEVINE ACT CONTRIBUTION PROHIBITIONS AND MANDATORY DISCLOSURE. The Political Reform Act in Govt Code Section 84308 restricts campaign contributions over $500 to a decision-making public official from a party or participant or their agent in a proceeding involving a contract, license, permit or entitlement for use. The Act requires disclosure of the contribution and recusal where a decision-maker has received $500 or more from a party or participant to a proceeding in the prior 12 months. Participants and agents are required to make this disclosure as well.

A Council Member’s disclosure should be made when the agenda item is called and must include the name of the party, participant, or agent, and any other person making the contribution, the name of the recipient, the amount of the contribution, and the date the contribution was made.

CONFLICT OF INTEREST DISCLOSURES AND RECUSAL. City Council Members with a conflict of interest under the Political Reform Act are required to make disclosure when the item is called and recuse themselves.

1. OPENING CEREMONIES
A. Call to Order
B. Roll Call
C. Invocation
D. Flag Salute

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
1 4. PUBLIC FORUM (for matters not on agenda)
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. Participants on Zoom who wish to address the Council raise your digital hand now or dial *9 to indicate you wish to speak. Once called upon, dial *6.

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 - July 8, 2026
RECOMMENDATION: Council approve minutes as presented.

B. SUBJECT: Warrants (JA)

1. Nos. 35125-35247 $135,666.21 ACH $912,976.99.

2. Nos. 35248-35473 $1,169,004.57 ACH $192,081.52.

RECOMMENDATION: Council approve warrants and electronic bank transfers as presented. (Pursuant to Government Code 37208)
C. SUBJECT: Payroll (JA)
6/21/26 to 7/4/25: $284,834.84; Retro Pay & Other: $2,572.44; Overtime: $13,265.72; Holiday: $2,779.56; Standby: $2,459.92; Comp Time Earned: 61.02 7/5/26 to 7/18/26: $284,899.67; Retro Pay & Other: $3,971.66; Overtime: $12,554.40; Holiday: $0.00; Standby: $1,919.35; Comp Time Earned: 95 RECOMMENDATION: Council approve payroll as presented.

D. SUBJECT: Monthly Investment Report
RECOMMENDATION: Council accept monthly investment report as presented.

E. SUBJECT: Resolution Concerning Local Transportation Purposes Funds (Measure “C”) (JA) 2 RECOMMENDATION: Council by motion adopt resolution approving submittal of Local Transportation Purposes Certification and Claim for Fiscal Year 2026/2027 (Measure “C”).

F. SUBJECT: Agreement with CivicPlus for the Transition of Agenda Meeting Management Essential to Agenda Meeting Management Select (DSZ)
RECOMMENDATION: Council adopt resolution approving Statement of Work and related Master Services Agreement with CivicPlus for the transition of Agenda Management Essential to Agenda Management Select and authorizing the City Manager to sign.

G. SUBJECT: Third Amendment to Agreement with CSG Consultants, Inc. for Building and Safety Services (JAJ)
RECOMMENDATION: Council adopt resolution approving Amendment No. 3 to the Agreement with CSG Consultants, Inc for Building and Safety Services.

H. SUBJECT: Approval of Contract No. 27-0121 Title III C1 Congregate Nutrition Site Management with the Fresno- Madera Area Agency on Aging (TJ)
RECOMMENDATION: Council adopt a resolution approving Contract No. 27-0121 Title III C1 Congregate Nutrition Site Management with the Fresno-Madera Area Agency on Aging and authorizing the City Manager to execute the contract.

I. SUBJECT: Pacific Gas and Electric Joint Use Agreement for the Vineland Avenue Widening Project from Whitesbridge Road to 660’ to the South (JG) RECOMMENDATION: Council adopt a resolution approving an agreement with Pacific Gas and Electric (PG&E) for joint use of public street right-of-way for the Vineland Avenue Widening Project from Whitesbridge Road to 660’ to the South.

J. SUBJECT: Consider Resolution Delegating Authority to the City Clerk to Execute Certificates of Acceptance of Deeds Conveying Property Interests to the City (JAJ & JG) RECOMMENDATION: Council adopt resolution delegating authority to the City Clerk to execute Certificates of acceptance of deeds conveying property interests to the City.

K. SUBJECT: Three Year contract with NEOGOV human resource online platform services from September 1, 2026 to June 30, 2029 (JAJ)
RECOMMENDATION: Council adopt resolution approving Order Form contract with NEOGOV and related Sourcewell Master Agreement #030425 for human resource online platform services from September 1, 2026 to June 30, 2029, and authorize the City Manager to sign the contract.

6. PUBLIC HEARINGS
These hearings are scheduled at the time stated and will be heard by the Council as close to the time stated as possible.
3 A. SUBJECT: Public Hearing and Adoption of the City of Kerman’s 2025 Urban Water Management Plan and 2025 Water Shortage Contingency Plan (MB) (AH) RECOMMENDATION: Council conduct a public hearing regarding the Draft 2025 Urban Water Management Plan (UWMP) and 2025 Water Shortage Contingency Plan (WSCP), adopt (i) Resolution Adopting The 2025 Urban Water Management Plan and (ii) Resolution Adopting the WSCP.

7. DEPARTMENT REPORTS
A. SUBJECT: Consideration of Street Naming Request In Recognition of Jay Gill (JAJ) RECOMMENDATION: Council consider the street naming request, determine whether to approve the request regarding part or all of Isabella Avenue, and provide direction to Staff on development of a Street Naming Policy.

B. SUBJECT: Award of Contract for the Fiscal Year 25/26 Street Sealing Project to VSS International, Inc. (JG)
RECOMMENDATION: Council adopt the resolution:

1. Awarding the FY 25/26 Street Sealing Project to VSS International, Inc. in the amount of $369,211.00; and

2. Authorizing a 10% construction contingency in the amount of $36,900.00; and

3. Authorizing the City Manager to sign the construction contract on behalf of the City; and

4. Authorizing the City Manager to sign change orders, up to the additional contingency amount, on behalf of the City.

C. SUBJECT: Consideration of Opportunity Zone 2.0 Recommendation for Eligible Census Tract in the City of Kerman (FP)
RECOMMENDATION: Adopt a resolution authorizing the City Manager, or designee, to submit a Local Authority Recommendation to the Governor’s Office of Business and Economic Development (GO-Biz) requesting that the following eligible census tracts be considered for Opportunity Zone 2.0 designation: 40.05 (06019004005), 40.06 (06019004006)

8. CITY MANAGER/STAFF COMMUNICATIONS

9. MAYOR/COUNCIL REPORTS/ANNOUNCEMENTS/FUTURE AGENDA ITEMS (This portion of the meeting is reserved for the Mayor and Council Members (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 a Council Member, and (iv) to take action on matters initiated under this section of the agenda items. Under this section the Council may take action only on items specifically agendized and which meet other requirements for action.) 4 10. CLOSED SESSION
If desired, members of the public may comment on Closed Session items. Members of the public wishing to address Council on Closed Session items should notify the Mayor when that item is called, and the Mayor will recognize your discussion at that time. It should be noted that Council is prohibited from discussing or addressing comments on Closed Session items.

A. Public Employee Performance Evaluation pursuant to Government Code Section 54957 Title: City Manager
B. Conference with Labor Negotiators pursuant to Government Code Section 54957.6 City Designated Representatives: Mayor Pacheco and Mayor Pro Tem Yep Unrepresented Employee: City Manager

11. ADJOURNMENT
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.gov.

ADA Compliance and Reasonable Accommodation. The Council has adopted a Reasonable Accommodation Policy, which is available on the City website at www.cityofkerman.gov or upon request by emailing the City Clerk at [email protected] or calling (559) 550-1510. 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) 550-1510 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, Dalia Santana-Zamudio, 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.gov.

Date: August 7, 2026 /s/ Dalia Santana-Zamudio, City Clerk 5 CITY COUNCIL REGULAR MEETING MINUTES
Wednesday, July 08, 2026 at 6:00 PM
City Hall, 850 S. Madera Avenue, Kerman, CA 93630

1. OPENING CEREMONIES
A. Call to Order – 6:01 p.m.

B. Roll Call – All present.

C. Invocation – Performed by Mayor Pacheco.

D. Flag Salute – Performed.

2. AGENDA APPROVAL/ADDITIONS/DELETIONS
Motion made to pull item 5.E by Mayor Pro Tem Yep, Seconded by Councilmember Hall.

Ayes: Yep, Hall, Dhaliwal, Herrera, Pacheco
Noes: None
Abstain: None

Absent: None
Motion passes 5-0-0-0.

3. PRESENTATIONS/CEREMONIAL MATTERS
A. Honoring and Recognizing Kerman's 80th Anniversary of Incorporation Field Representatives Luis Martinez and Oneida Escobar presented a Joint Resolution from Senator Anna M. Caballero & Assemblywoman Esmeralda Soria’s office. Mark Benjamin presented a Certificate of Recognition from Supervisor Brian Pacheco’s Office, and India Buenrostro, field representative for Congressman Adam C. Gray, presented a Congressional Board.

B. Proclamation - July as Park and Recreation Month (TJ) - Presentation by Recreation Coordinators, Shannon Barrett and Lucus Ortega.

4. PUBLIC FORUM
Public Comment from Casey Cornell.
6 Section 5, Item A.

5. CONSENT CALENDAR
A. SUBJECT: Minutes - June 24, 2026
RECOMMENDATION: Council approve minutes as presented.

B. SUBJECT: Warrants (JA)

1.Nos. 35036-35124 $1,016,643.33 ACH $215,749.25.

RECOMMENDATION: Council approve warrants and electronic bank transfers as presented. (Pursuant to Government Code 37208)
C. SUBJECT: Payroll (JA)
06/07/26 TO 06/20/26: $270,007.47; Retro Pay & Other: $5,209.44; Overtime: $17,956.61; Holiday: $0.00; Standby: $2,537.78; Comp Time Earned: 66.01 RECOMMENDATION: Council approve payroll as presented.

D. SUBJECT: Contract Agreement with General Code, LLC for the Continuation of Codification Services from June 1, 2026 to May 31, 2027 (DSZ)
RECOMMENDATION: Council adopt resolution approving new agreement with General Code, LLC for the continuation of codification services and authorizing the City Manager to sign the agreement. – Res. 26-51
E. SUBJECT: Third Amendment to Agreement with CSG Consultants, Inc. for Building and Safety Services (JJ)
RECOMMENDATION: Council by motion adopt a resolution approving Amendment No. 3 to the Agreement with CSG Consultants, Inc for Building and Safety Services. – Item removed.

Motion made to accept the consent calendar as amended by Councilmember Herrera, Seconded by Councilmember Hall.

Ayes: Herrera, Hall, Dhaliwal, Yep, Pacheco
Noes: None
Abstain: None

Absent: None
Motion passes 5-0-0-0.

6. PUBLIC HEARINGS
A. SUBJECT: Public Hearing and Approval of Resolution Confirming Diagram and Assessments for the Annual Levy, 2026-2027, for Landscaping and Lighting District No. 1 (JG) RECOMMENDATION: Council conduct a public hearing, receive public testimony, and adopt resolution confirming the diagram and assessments for Landscaping and Lighting District No. 1 7 Section 5, Item A.
for the 2026-2027 annual levy in the amounts specified and authorize the City Clerk to record the diagram and assessment with the Fresno County Auditor-Controller. – Res. 26-52 Opened Public Hearing: 6:50 p.m.

No public comments.

Closed Public Hearing: 6:56 p.m.

Motion made by Councilmember Herrera, Seconded by Mayor Pro Tem Yep.

Ayes: Herrera, Yep, Hall, Dhaliwal, Pacheco
Noes: None
Abstain: None

Absent: None
Motion passes 5-0-0-0.

B. SUBJECT: Public Hearing and Approval of Resolution Confirming and Ordering Tract 6572 Annexation into Kerman Landscaping and Lighting District No. 1, Area 17, and Establishing a Levy of Assessments for the Annexed Territory (JG)
RECOMMENDATION: Council conduct a public hearing, receive public testimony, and adopt resolution confirming and ordering Tract 6572 annexation into Kerman Landscaping and Lighting District No. 1, Area 17, and establishing a levy of assessments for the annexed territory (JG) – Res.26-53
Opened Public Hearing: 6:56 p.m.

City Clerk declares no written protests were received.

No public comments.

Closed Public Hearing: 7:00 p.m.

Motion made by Councilmember Herrera, Seconded by Councilmember Hall.

Ayes: Herrera, Hall, Dhaliwal, Yep, Pacheco
Noes: None
Abstain: None

Absent: None
Motion passes 5-0-0-0.

C. SUBJECT: Public Hearing and Approval of Resolution Confirming and Ordering Tract 6473 Annexation into Kerman Landscaping and Lighting District No. 1, Area 18, and Establishing a Levy of Assessments for the Annexed Territory (JG)
RECOMMENDATION: Council conduct a public hearing, receive public testimony, and adopt resolution confirming and ordering Tract 6473 annexation into Kerman Landscaping and Lighting District No. 1, Area 18, and establishing a levy of assessments for the annexed territory (JG) – Res.26-54
Opened Public Hearing: 7:02 p.m.

City Clerk declares no written protests were received.
8 Section 5, Item A.

No public comments.

Closed Public Hearing: 7:06 p.m.

Motion made by Councilmember Herrera, Seconded by Councilmember Dhaliwal.

Ayes: Herrera, Dhaliwal, Hall, Yep, Pacheco
Noes: None
Abstain: None

Absent: None
Motion passes 5-0-0-0.

7. DEPARTMENT REPORTS
A. SUBJECT: Award of Contract for the California Avenue Sidewalk Project from 9th Street to Approximately 280 Feet to the East Federal Project No. CML-5291-(035) (JG) RECOMMENDATION: Council adopt the resolution:

1. Awarding the California Avenue Sidewalk Project from 9th Street to Approximately 280 Feet to the East to Witbro Inc., doing business as Seal Rite Paving in the amount of $181,261.46; and

2. Authorizing a 10% construction contingency in the amount of $18,100.00; and

3. Authorizing the City Manager to sign the construction contract on behalf of the City; and

4. Authorizing the City Manager to sign change orders, up to the additional contingency amount, on behalf of the City. -Res. 26-55
Public Comment from Theodore Furnish
Motion made by Councilmember Herrera, Seconded by Mayor Pro Tem Yep.

Ayes: Herrera, Yep, Dhaliwal, Hall, Pacheco
Noes: None
Abstain: None

Absent: None
Motion passes 5-0-0-0.

B. SUBJECT: Resolution Approving Construction Contract Change Order No. 7 for the Hart Ranch Community Park Project (JG)
RECOMMENDATION: Council adopt the resolution:

1. Approving Construction Contract Change Order No. 7 for the Hart Ranch Community Park Project to Avison Construction, Inc. in the amount of $200,721.10; and

2. Authorizing the City Manager to sign Construction Contract Change Order No. 7 on behalf of the City; and

3. Authorizing an additional construction contingency in the amount of $50,000; and 9 Section 5, Item A.

4. Authorizing the City Manager to sign future change orders up to $72,999.20, the remaining balance of the overall construction contingency, on behalf of the City. -Res. 26-56 Motion made by Mayor Pro Tem Yep, Seconded by Councilmember Herrera.

Ayes: Yep, Herrera, Dhaliwal, Hall, Pacheco
Noes: None
Abstain: None

Absent: None
Motion passes 5-0-0-0.

8. CITY MANAGER/STAFF COMMUNICATIONS

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

10. CLOSED SESSION – None.

11. ADJOURNMENT – 7:27 p.m.

MINUTES CERTIFICATION
I, Dalia Santana-Zamudio, 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 City Hall, 850 S. Madera Ave, Kerman, CA.

Date: July 9, 2026 /s/ Dalia Santana-Zamudio, City Clerk 10 Section 5, Item A.

Accounts Payable
User:

Printed:

VSandoval
7/17/2026 12:09 PM
Checks by Date - Summary by Check Date
Check No Vendor No Vendor Name Check Date Check Amount
ACH 10522 CALPERS 06/30/2026 45,880.60
35125 11493 24 / 7 PET VETS 06/30/2026 257.40
35126 13018 MARIA AMARAL 06/30/2026 60.00
35127 13014 CHERI ARCHER 06/30/2026 30.00
35128 13013 ELVERA AVILES 06/30/2026 60.00
35129 11355 BADGER METER 06/30/2026 573.90
35130 13020 PAWAN BAGARI 06/30/2026 45.00
35131 13022 RAJ BRAR 06/30/2026 75.00
35132 10617 C A REDING CO INC 06/30/2026 674.06
35133 10064 CAL VALLEY PRINTING 06/30/2026 328.00
35134 10078 CALIFORNIA STATE DISBURSEMENT 06/30/2026 969.23 35135 12844 CALIFORNIA STATE DISBURSEMENT CALIFORNIA STATE DISBURSEMENT 06/30/2026 161.53 35136 12862 MARIA CAMARGO 06/30/2026 60.00
35137 10564 CITY OF KERMAN 06/30/2026 1,500.75
35138 10103 COLONIAL LIFE 06/30/2026 1,521.17
35139 10104 COMCAST 06/30/2026 498.48
35140 11382 DATA TICKET INC 06/30/2026 44.99
35141 10120 DAVID WELLHOUSE & ASSOCIATES 06/30/2026 3,400.00 35142 11999 DOG WASTE DEPOT 06/30/2026 621.12
35143 12986 ANNAMARIE FLYNN 06/30/2026 30.00
35144 11550 FRESNO COUNTY SHERIFFS OFFICE - CIVIL UNIT 06/30/2026 137.00 35145 10169 FRESNO PET CEMETERY 06/30/2026 193.00
35146 13005 H.CO COMPUTER PRODUCTS 06/30/2026 10,384.92 35147 13023 MANDIP KAUR 06/30/2026 45.00
35148 13015 JENNIFER KERBER 06/30/2026 30.00
35149 10238 KERMAN UNIFIED SCHOOL DIST 06/30/2026 106.41 35150 12597 KERMAN UNIFIED SCHOOL DISTRICT 06/30/2026 10,000.00 35151 13016 SUE MIGUEL 06/30/2026 30.00
35152 11965 MISSION UNIFORM SERVICE 06/30/2026 312.06
35153 13012 ROSEMARY MORALES 06/30/2026 60.00
35154 13011 GLORIA NINO 06/30/2026 30.00
35155 10282 OFFICE DEPOT 06/30/2026 620.78
35156 12237 PRISCILLA ORTIZ 06/30/2026 150.00
35157 10289 P.G.& E. 06/30/2026 266.32
35158 12888 JOAN PAINE 06/30/2026 29.18
35159 12523 PAMOIST PET HOSPITAL 06/30/2026 286.00
35160 13019 DOLORES PEDROZA 06/30/2026 30.00
35161 12524 R&S ERECTION TRI-COUNTY INC 06/30/2026 1,100.00 35162 13010 GUADALUPE RIVERA 06/30/2026 150.00
35163 13021 HILDA RUIZ 06/30/2026 45.00
35164 12581 TATES TSHIRT DESIGNS AND PRINTS, LLC06/30/2026 414.11 35165 10754 THE HOME DEPOT PRO-SUPPLY WORKS06/30/2026 1,381.46 35166 13017 NORMA ZAPATA 06/30/2026 30.00
Total for 6/30/2026: 82,622.47
35167 12257 AMERITAS LIFE INSURANCE CORP- VISION FEES 07/01/2026 1,011.48 AP Checks by Date - Summary by Check Date (7/17/2026 12:09 PM) Page 1 11 Section 5, Item B.

Check No Vendor No Vendor Name Check Date Check Amount
35168 11355 BADGER METER 07/01/2026 1,408.00
35169 10054 BLUE SHIELD OF CALIFORNIA 07/01/2026 70,051.00 35170 10109 AUDITOR CONTROLLER/TREASURER-TAX COLLECTOR COUNTY OF FRESNO 07/01/2026 4,949.75 35171 12521 EDIS 07/01/2026 1,550.50
35172 10250 LIEBERT CASSIDY WHITMORE 07/01/2026 2,685.00 35173 10143 MCCI, LLC 07/01/2026 4,259.68
35174 10272 MUTUAL OF OMAHA 07/01/2026 3,380.33
35175 UB*02128 JASMINE ANAYA 07/01/2026 39.67
35176 UB*02120 SELENA CURIEL 07/01/2026 160.29
35177 UB*02119 DOVE COVE 07/01/2026 121.88
35178 UB*02138 EMERY ELLIOTT 07/01/2026 402.20
35179 UB*02127 BRITTANY & RICHARD ESPINOZA 07/01/2026 9.27 35180 UB*02122 GURMINDER GREWAL 07/01/2026 22.24
35181 BP-JOSE1 JOSEPH CROWN CONSTRUCTION 07/01/2026 355.03 35182 UB*02125 SHARANDEEP KAUR 07/01/2026 167.69
35183 UB*02124 FELIX MADRIGAL 07/01/2026 75.49
35184 UB*02118 EMILY NEGRETE 07/01/2026 18.87
35185 UB*02116 ALONDRA PEREZ 07/01/2026 175.25
35186 UB*02117 MARIA PINEDA CUELLAR 07/01/2026 103.33
35187 UB*02140 STEVE & SHERYL RAMER 07/01/2026 14.62
35188 UB*02123 JESUS RIVERA M 07/01/2026 26.98
35189 UB*02129 EVELYN VELEZ 07/01/2026 104.09
35190 UB*02133 DAVID VILLARREAL 07/01/2026 33.59
Total for 7/1/2026: 91,126.23
35191 11761 JOHN JANSONS 07/08/2026 1,742.00
35192 13000 AMERICAN LEAK DETECTION INC 07/08/2026 822.50 35193 12537 AMERITAS GROUP INSURANCE CORP- DENTAL CLAIMS 07/08/2026 1,807.40 35194 10035 AQUA NATURAL SOLUTIONS 07/08/2026 1,436.35
35195 10042 BACKFLOW INDEPENDENT TESTING 07/08/2026 4,705.75 35196 12768 BRENDEN BARRA 07/08/2026 80.26
35197 12348 BRADY INDUSTRIES 07/08/2026 410.14
35198 10617 C A REDING CO INC 07/08/2026 152.78
35199 10064 CAL VALLEY PRINTING 07/08/2026 128.88
35200 11722 CALED 07/08/2026 500.00
35201 10086 CELLEBRITE USA INC 07/08/2026 10,080.19
35202 12101 CENTRAL VALLEY SALINITY COALITION INC 07/08/2026 1,400.25 35203 11259 CIVIC PLUS INC 07/08/2026 16,314.03
35204 10109 AUDITOR CONTROLLER/TREASURER-TAX COLLECTOR COUNTY OF FRESNO 07/08/2026 177.00 35205 11342 CREATIVE SERVICES OF NEW ENGLAND07/08/2026 887.95 35206 10114 CROWN SHORT LOAD CONCRETE 07/08/2026 2,172.96 35207 10115 CSJVRMA 07/08/2026 621,462.00
35208 12557 DENCO WELDING 07/08/2026 633.76
35209 10128 DEPARTMENT OF JUSTICE 07/08/2026 210.00
35210 12521 EDIS 07/08/2026 2,034.06
35211 10157 FERGUSON ENTERPRISES INC 07/08/2026 345.56
35212 12379 GILL CHEVROLET 07/08/2026 36.05
35213 11358 GREAT AMERICA FINANCIAL SERVICES07/08/2026 652.54 35214 12836 SERGIO HERRERA 07/08/2026 90.00
35215 10201 HORIZON 07/08/2026 86.92
35216 10219 JENSEN & PILEGARD INC 07/08/2026 791.77
35217 10655 JIM BRISCO ENTERPRISES INC 07/08/2026 11,669.23 35218 10768 KERMAN HISTORICAL SOCIETY 07/08/2026 100.00 35219 11459 LAWSON PRODUCTS INC 07/08/2026 368.23
35220 13026 DORINA LOPEZ 07/08/2026 395.00
35221 10260 METRO UNIFORM & ACCESSORIES 07/08/2026 1,084.03 AP Checks by Date - Summary by Check Date (7/17/2026 12:09 PM) Page 2 12 Section 5, Item B.

Check No Vendor No Vendor Name Check Date Check Amount
35222 10261 MID VALLEY DISPOSAL INC 07/08/2026 12,992.00 35223 11965 MISSION UNIFORM SERVICE 07/08/2026 423.56
35224 11181 NORTH KINGS GROUNDWATER SUSTAINABILITY AGENCY 07/08/2026 13,457.12 35225 10282 OFFICE DEPOT 07/08/2026 842.22
35226 13025 JAIDYN OUELLETTE 07/08/2026 450.00
35227 10289 P.G.& E. 07/08/2026 11,361.95
35228 10309 PROFORCE LAW ENFORCEMENT 07/08/2026 174.66
35229 10596 RED WING BUSINESS ADVANTAGE ACCOUNT 07/08/2026 437.43 35230 11714 ROD CARSEY 07/08/2026 547.33
35231 12923 RWE CLEAN ENERGY DCE OPERATIONS LLC 07/08/2026 29,949.93 35232 12475 SAN JOAQUIN PEST CONTROL 07/08/2026 758.00
35233 10332 SEBASTIAN 07/08/2026 2,102.31
35234 10862 SIGNMAX 07/08/2026 77.97
35235 11650 SITEONE LANDSCAPE SUPPLY, LLC 07/08/2026 112.93 35236 10337 SLUMBERGER LUMBER 07/08/2026 321.87
35237 12368 SPECIALTY HOSE EXPRESS LLC 07/08/2026 117.65 35238 11907 SPRINGBROOK HOLDING COMPANY LLC07/08/2026 1,929.00 35239 12917 SURF THRU INC 07/08/2026 739.50
35240 10357 TAYLOR MADE IRRIGATION 07/08/2026 99.29
35241 10360 TERRY JOHNSON TRUCKING 07/08/2026 2,765.97
35242 10754 THE HOME DEPOT PRO-SUPPLY WORKS07/08/2026 1,005.29 35243 10378 ULINE INC 07/08/2026 1,437.45
35244 10377 US POST OFFICE 07/08/2026 5,000.00
35245 11542 DOLORES VIRAMONTEZ 07/08/2026 550.00
35246 10406 WEST HILLS OIL INC 07/08/2026 8,863.89
35247 10419 ZIM INDUSTRIES INC 07/08/2026 5,813.98
Total for 7/8/2026: 785,108.89
ACH 10147 EMPLOYMENT DEVELOPMENT DEPARTMENT 07/10/2026 11,979.25 ACH 10517 FEDERAL TAXES PAYROLL 07/10/2026 71,842.55
ACH 10518 KERMAN POLICE OFFICERS ASSN 07/10/2026 1,016.75 ACH 10519 KERMAN MUNICIPAL EMPLOYEES ASSN07/10/2026 277.50 ACH 10520 ICMA-RC 07/10/2026 4,669.56
Total for 7/10/2026: 89,785.61
Report Total (129 checks): 1,048,643.20
AP Checks by Date - Summary by Check Date (7/17/2026 12:09 PM) Page 3 13 Section 5, Item B.

Accounts Payable
User:

Printed:

VSandoval
7/31/2026 3:56 PM
Checks by Date - Summary by Check Date
Check No Vendor No Vendor Name Check Date Check Amount
ACH 10522 CALPERS 07/14/2026 48,610.07
Total for 7/14/2026: 48,610.07
35248 11387 LUISA AGUIRRE 07/15/2026 724.00
35249 10021 ALERT O LITE 07/15/2026 58.05
35250 13031 MARIA AMAVISCA 07/15/2026 150.00
35251 12530 APOLLO HEALTH INC 07/15/2026 600.00
35252 10035 AQUA NATURAL SOLUTIONS 07/15/2026 478.78
35253 13028 ARKANCE USA LLC 07/15/2026 710.00
35254 10037 ASCAP 07/15/2026 454.50
35255 10040 AT&T MOBILITY 07/15/2026 4,603.76
35256 10504 AUTOZONE 07/15/2026 211.92
35257 10056 BOGIE'S PUMP SYSTEMS 07/15/2026 14,917.33
35258 12659 ELIZABETH BRANDON 07/15/2026 150.00
35259 10061 BSK ASSOCIATES 07/15/2026 235.00
35260 10067 CALIFORNIA BUILDING STANDARDS 07/15/2026 510.30 35261 10076 CALIFORNIA POLICE CHIEFS ASSOC 07/15/2026 559.00 35262 10078 CALIFORNIA STATE DISBURSEMENT 07/15/2026 969.23 35263 12844 CALIFORNIA STATE DISBURSEMENT CALIFORNIA STATE DISBURSEMENT 07/15/2026 161.53 35264 11916 CEDAR VETERINARY HOSPITAL INC 07/15/2026 365.00 35265 10452 CITY OF FRESNO WMD 07/15/2026 489.00
35266 10105 COMMUNITY HOSPITALS OF CENTRAL CALIFORNIA 07/15/2026 525.00 35267 10826 CROWN SERVICES CORPORATION 07/15/2026 680.00 35268 10126 DEPARTMENT OF CONSERVATION 07/15/2026 1,836.89 35269 10128 DEPARTMENT OF JUSTICE 07/15/2026 907.00
35270 10136 DIVISION OF THE STATE ARCHITECT 07/15/2026 60.00 35271 10144 ELBERT DISTRIBUTING INC 07/15/2026 259.48
35272 12927 ERMA 07/15/2026 5,911.50
35273 10149 ESRI INC 07/15/2026 1,525.00
35274 10439 FAMILY HEALING CENTER 07/15/2026 1,000.00
35275 11398 FASTSIGNS 07/15/2026 56.17
35276 11550 FRESNO COUNTY SHERIFFS OFFICE - CIVIL UNIT 07/15/2026 137.00 35277 10162 FRESNO COUNTY TREASURER 07/15/2026 295.36
35278 10163 FRESNO DISTRIBUTING CO 07/15/2026 711.35
35279 11188 FUTURE FORD 07/15/2026 778.15
35280 13029 PAULA MARIA GONZALEZ 07/15/2026 125.00
35281 10185 GRAINGER 07/15/2026 1,078.97
35282 11468 GREEN HILLS NURSERY INC 07/15/2026 225.37
35283 10193 HAVENS SECURITY INC 07/15/2026 774.18
35284 10201 HORIZON 07/15/2026 999.70
35285 10219 JENSEN & PILEGARD INC 07/15/2026 576.43
35286 BP-JOSE JOSEPH CROWN CONSTRUCTION AND DEVELOPMENT INC 07/15/2026 7,000.00 35287 10485 JP AIR CONDITIONING & HEATING 07/15/2026 246.28 35288 10230 KENT M KAWAGOE PHD 07/15/2026 1,475.00
35289 10678 MAC'S EQUIPMENT INC 07/15/2026 406.40
35290 12576 MAINTAIN X 07/15/2026 4,116.00
AP Checks by Date - Summary by Check Date (7/31/2026 3:56 PM) Page 1 14 Section 5, Item B.

Check No Vendor No Vendor Name Check Date Check Amount
35291 12492 CIRENE MENDOZA 07/15/2026 150.00
35292 10260 METRO UNIFORM & ACCESSORIES 07/15/2026 2,128.45 35293 12881 MINERAL KING PUBLISHING INC 07/15/2026 1,914.75 35294 11965 MISSION UNIFORM SERVICE 07/15/2026 1,469.36 35295 12356 NOTORIOUS GRAFIX 07/15/2026 455.07
35296 10282 OFFICE DEPOT 07/15/2026 232.86
35297 10286 O'REILLY AUTOMOTIVE INC 07/15/2026 3,812.55 35298 10289 P.G.& E. 07/15/2026 5,445.14
35299 12523 PAMOIST PET HOSPITAL 07/15/2026 360.00
35300 12026 PRECISION CIVIL ENGINEERING INC 07/15/2026 3,674.95 35301 12842 PRIMO BRANDS 07/15/2026 150.91
35302 10319 RENO'S HARDWARE 07/15/2026 581.62
35303 10327 SAFETY KLEEN SYSTEMS INC 07/15/2026 350.46
35304 12813 SERVPRO 07/15/2026 633.28
35305 10337 SLUMBERGER LUMBER 07/15/2026 1,417.52
35306 11460 SUPERIOR POOL PRODUCTS LLC 07/15/2026 2,150.91 35307 13024 SWIFT SIGNZ 07/15/2026 107.81
35308 10015 THE ADVANCE GROUP INC 07/15/2026 1,569.27
35309 10754 THE HOME DEPOT PRO-SUPPLY WORKS07/15/2026 178.46 35310 10168 UNITY IT 07/15/2026 9,002.44
35311 10387 USA BLUE BOOK 07/15/2026 1,259.72
35312 12178 VALLEY ANIMAL CENTER SPAY & NEUTER CLINIC 07/15/2026 165.00 35313 10391 VALLEY FARM SUPPLY STORES 07/15/2026 2,505.11 35314 12290 VERIZON 07/15/2026 625.35
35315 10406 WEST HILLS OIL INC 07/15/2026 8,285.62
35316 12267 IRENE ZAMORA 07/15/2026 150.00
Total for 7/15/2026: 106,830.24
ACH 10644 US BANK EQUIPMENT FINANCE 07/21/2026 710.78
Total for 7/21/2026: 710.78
35317 11493 24 / 7 PET VETS 07/22/2026 257.40
35318 10017 ADVANCED FLOW MEASUREMENT 07/22/2026 450.00 35319 13056 VANESSA AGUILAR 07/22/2026 45.00
35320 13057 WALTER AGUILAR 07/22/2026 45.00
35321 12537 AMERITAS GROUP INSURANCE CORP- DENTAL CLAIMS 07/22/2026 1,081.90 35322 12538 AMERITAS GROUP INSURANCE CORP- DENTAL FEES 07/22/2026 455.00 35323 10035 AQUA NATURAL SOLUTIONS 07/22/2026 957.57
35324 13038 MARIA BAIRES 07/22/2026 45.00
35325 13047 AURORA BARBOSA 07/22/2026 45.00
35326 13070 MELINDA BARRERRA 07/22/2026 90.00
35327 11917 BLAIS & ASSOCIATES LLC 07/22/2026 11,468.00 35328 13033 ELIDA BOYDEN 07/22/2026 45.00
35329 13055 CASSANDRA BRESETT 07/22/2026 45.00
35330 10061 BSK ASSOCIATES 07/22/2026 2,190.00
35331 10617 C A REDING CO INC 07/22/2026 25.31
35332 11215 CALIFORNIA INDUSTRIAL RUBBER COMPANY 07/22/2026 70.04 35333 12658 CALIFORNIA POLICE TRAINING MANAGERS ASSOCIATION 07/22/2026 250.00 35334 10077 CALIFORNIA RURAL WATER ASSOC 07/22/2026 1,745.00 35335 13060 GRISELDA CASTRO 07/22/2026 45.00
35336 13045 ALEXIS CEJA-GARCIA 07/22/2026 45.00
35337 10092 CENTRAL VALLEY TOXICOLOGY INC 07/22/2026 923.00 35338 13034 MIKAYLA CERVANTES 07/22/2026 45.00
35339 13006 CHASE BENNETT-SHEFFIELD 07/22/2026 2,650.00 35340 11259 CIVIC PLUS INC 07/22/2026 6,300.00
AP Checks by Date - Summary by Check Date (7/31/2026 3:56 PM) Page 2 15 Section 5, Item B.

Check No Vendor No Vendor Name Check Date Check Amount
35341 11498 COMCAST CABLE COMMUNICATIONS MANAGEMENT LLC 07/22/2026 752.75 35342 10108 COOKS COMMUNICATIONS CORP 07/22/2026 201.60 35343 13073 VERONICA CORNELL 07/22/2026 45.00
35344 10114 CROWN SHORT LOAD CONCRETE 07/22/2026 1,853.66 35345 13079 CRPOA 07/22/2026 750.00
35346 11874 CSG CONSULTANTS INC 07/22/2026 10,007.50
35347 11382 DATA TICKET INC 07/22/2026 23.56
35348 13074 KRISTAL DEPUE 07/22/2026 75.00
35349 13077 DESIREE ECHEVERRIA 07/22/2026 37.50
35350 13068 JOHANNNA ELVIRA 07/22/2026 45.00
35351 13072 JENNIFER FLYNN 07/22/2026 45.00
35352 13064 CYNTHIA GALINDO 07/22/2026 45.00
35353 13037 FABIOLA GARZA 07/22/2026 90.00
35354 13078 GENERAL CODE 07/22/2026 710.85
35355 10178 GLENN RUDOLPH'S AUTO BODY & PAINT07/22/2026 5,438.84 35356 13046 JULIE GOMEZ 07/22/2026 45.00
35357 10183 GRAFIX SHOPPE 07/22/2026 660.45
35358 11358 GREAT AMERICA FINANCIAL SERVICES07/22/2026 534.25 35359 13053 GUSTAVO GUZMAN 07/22/2026 45.00
35360 13062 IDALIA HERNANDEZ 07/22/2026 45.00
35361 12363 JULIAN HERNANDEZ 07/22/2026 45.00
35362 13043 MARCEL HERNANDEZ 07/22/2026 45.00
35363 10201 HORIZON 07/22/2026 1,834.40
35364 12959 HYPHEN, A DIVISION OF TWO Q INC 07/22/2026 21,649.60 35365 12018 ICMA MEMBERSHIP RENEWALS 07/22/2026 1,200.00 35366 10222 JERRY'S AUTOMOTIVE 07/22/2026 380.00
35367 12128 JS TOWING 07/22/2026 280.00
35368 13042 KIRANDEEP KAUR 07/22/2026 90.00
35369 13023 MANDIP KAUR 07/22/2026 45.00
35370 13075 ASHLEE LOPEZ 07/22/2026 90.00
35371 12928 MALLORY SAFETY AND SUPPLY LLC 07/22/2026 619.46 35372 13039 JOANNA MARQUEZ 07/22/2026 45.00
35373 13040 JANNELL MARTINEZ 07/22/2026 45.00
35374 12087 GAGANJOAT MATTU 07/22/2026 45.00
35375 10261 MID VALLEY DISPOSAL INC 07/22/2026 156,666.27 35376 10265 MONTOY LAW CORPORATION 07/22/2026 19,157.00 35377 13059 MARIA MORENO 07/22/2026 45.00
35378 13069 LIZBET NAVARRO 07/22/2026 45.00
35379 13044 YVETTE NUNEZ 07/22/2026 45.00
35380 12080 OMNI LAND DEVELOPMENT 07/22/2026 42,218.24
35381 10289 P.G.& E. 07/22/2026 14,114.43
35382 13065 JUDITH PEREIRA 07/22/2026 45.00
35383 13052 JAZMIN PEREZ 07/22/2026 45.00
35384 12082 PERFORMANCE AUTOMATION CO INC 07/22/2026 680.00 35385 10301 PETTY CASH 07/22/2026 219.25
35386 12026 PRECISION CIVIL ENGINEERING INC 07/22/2026 3,990.75 35387 13066 KATRINA PULLEN 07/22/2026 45.00
35388 12808 QUADIENT FINANCE USA INC 07/22/2026 950.95
35389 10316 R G EQUIPMENT OF FRESNO INC 07/22/2026 4,151.13 35390 11060 R MITCH COVINGTON 07/22/2026 199,724.56
35391 13050 MERCEDES RANGEL 07/22/2026 90.00
35392 13058 ANGIE REA 07/22/2026 45.00
35393 13076 BEATRIZ REA 07/22/2026 90.00
35394 13035 DANIELA REYES 07/22/2026 45.00
35395 13067 MARTHA REYNOSO 07/22/2026 45.00
35396 13051 ELIZABETH RODRIGUEZ 07/22/2026 45.00
35397 12667 ADRIANA ROTH 07/22/2026 103.53
AP Checks by Date - Summary by Check Date (7/31/2026 3:56 PM) Page 3 16 Section 5, Item B.

Check No Vendor No Vendor Name Check Date Check Amount
35398 10329 SAN JOAQUIN VALLEY AIR POLL 07/22/2026 314.00 35399 13061 ESMERALDA SANDOVAL 07/22/2026 45.00
35400 12873 ROSANNA SANGHA 07/22/2026 233.25
35401 13063 DEIRA SARKISIAN 07/22/2026 45.00
35402 11650 SITEONE LANDSCAPE SUPPLY, LLC 07/22/2026 2,701.17 35403 11787 SNAP ON INC 07/22/2026 1,017.45
35404 12368 SPECIALTY HOSE EXPRESS LLC 07/22/2026 228.27 35405 13054 KULDEEP SRAN 07/22/2026 45.00
35406 11460 SUPERIOR POOL PRODUCTS LLC 07/22/2026 1,706.87 35407 12115 TAPCO 07/22/2026 1,945.20
35408 10357 TAYLOR MADE IRRIGATION 07/22/2026 263.16
35409 13032 RAMAN THANDI 07/22/2026 45.00
35410 10015 THE ADVANCE GROUP INC 07/22/2026 8,531.12
35411 11502 TIREHUB LLC 07/22/2026 1,497.21
35412 13049 AREANNA TORRES 07/22/2026 90.00
35413 10379 UNDERGROUND SERVICE ALERT OF 07/22/2026 1,302.73 35414 12290 VERIZON 07/22/2026 974.25
35415 10401 WALLYS TIRE AND WHEEL 07/22/2026 616.49
35416 11061 WALMART REAL ESTATE BUSINESS TRUST 07/22/2026 196,878.47 35417 13041 TIFFANEY WONG 07/22/2026 45.00
35418 10413 YAMABE & HORN ENGINEERING INC 07/22/2026 178,331.97 Total for 7/22/2026: 916,645.36
ACH 10147 EMPLOYMENT DEVELOPMENT DEPARTMENT 07/24/2026 12,548.30 ACH 10517 FEDERAL TAXES PAYROLL 07/24/2026 72,903.53
ACH 10518 KERMAN POLICE OFFICERS ASSN 07/24/2026 968.25 ACH 10519 KERMAN MUNICIPAL EMPLOYEES ASSN07/24/2026 277.50 ACH 10520 ICMA-RC 07/24/2026 7,084.92
Total for 7/24/2026: 93,782.50
ACH 10522 CALPERS 07/28/2026 48,978.17
35419 12048 UNITED STATES TREASURY 07/28/2026 253.44
Total for 7/28/2026: 49,231.61
35420 12537 AMERITAS GROUP INSURANCE CORP- DENTAL CLAIMS 07/30/2026 1,311.20 35421 12257 AMERITAS LIFE INSURANCE CORP- VISION FEES 07/30/2026 1,046.04 35422 10035 AQUA NATURAL SOLUTIONS 07/30/2026 957.57
35423 10054 BLUE SHIELD OF CALIFORNIA 07/30/2026 73,880.03 35424 12348 BRADY INDUSTRIES 07/30/2026 194.20
35425 10617 C A REDING CO INC 07/30/2026 162.54
35426 10064 CAL VALLEY PRINTING 07/30/2026 444.91
35427 10078 CALIFORNIA STATE DISBURSEMENT 07/30/2026 969.23 35428 12844 CALIFORNIA STATE DISBURSEMENT CALIFORNIA STATE DISBURSEMENT 07/30/2026 161.53 35429 12972 CASHIER-CDFA CERTIFIED FARMERS MARKET PROGRAM 414 07/30/2026 78.00 35430 10564 CITY OF KERMAN 07/30/2026 2,514.12
35431 10103 COLONIAL LIFE 07/30/2026 1,495.49
35432 10105 COMMUNITY HOSPITALS OF CENTRAL CALIFORNIA 07/30/2026 175.00 35433 10125 DEPARTMENT OF AGRICULTURE 07/30/2026 858.13 35434 10133 DEPARTMENT OF TRANSPORTATION 07/30/2026 2,915.82 35435 13087 JENNIFER DONAVAN 07/30/2026 450.00
35436 10157 FERGUSON ENTERPRISES INC 07/30/2026 773.31
35437 10159 FRESNO COUNCIL OF GOVERNMENTS 07/30/2026 672.00 35438 11550 FRESNO COUNTY SHERIFFS OFFICE - CIVIL UNIT 07/30/2026 137.00 AP Checks by Date - Summary by Check Date (7/31/2026 3:56 PM) Page 4 17 Section 5, Item B.

Check No Vendor No Vendor Name Check Date Check Amount
35439 10162 FRESNO COUNTY TREASURER 07/30/2026 26,375.57 35440 13085 TONY FUENTES 07/30/2026 500.00
35441 10178 GLENN RUDOLPH'S AUTO BODY & PAINT07/30/2026 615.05 35442 11358 GREAT AMERICA FINANCIAL SERVICES07/30/2026 134.53 35443 10193 HAVENS SECURITY INC 07/30/2026 604.19
35444 12980 HOLY GROUND MINISTRY 07/30/2026 150.00
35445 10201 HORIZON 07/30/2026 28.68
35446 11923 JOE A GONSALVES & SON 07/30/2026 1,250.00
35447 12522 HARMEEN KAUR 07/30/2026 324.00
35448 10238 KERMAN UNIFIED SCHOOL DIST 07/30/2026 1,287.65 35449 12574 KRC SAFETY CO INC 07/30/2026 550.00
35450 13084 KELLY MEJIA 07/30/2026 500.00
35451 11965 MISSION UNIFORM SERVICE 07/30/2026 168.60
35452 13080 MMC ELECTRIC INC 07/30/2026 300.00
35453 10272 MUTUAL OF OMAHA 07/30/2026 3,365.57
35454 10309 PROFORCE LAW ENFORCEMENT 07/30/2026 993.85
35455 12762 QUADIENT LEASING USA INC 07/30/2026 2,204.92 35456 13083 CONNIE RAMIREZ 07/30/2026 150.00
35457 10596 RED WING BUSINESS ADVANTAGE ACCOUNT 07/30/2026 290.09 35458 13086 JURLEY ROMERO 07/30/2026 450.00
35459 13082 MICHAEL SALINAS 07/30/2026 150.00
35460 12475 SAN JOAQUIN PEST CONTROL 07/30/2026 405.00
35461 10862 SIGNMAX 07/30/2026 407.67
35462 11650 SITEONE LANDSCAPE SUPPLY, LLC 07/30/2026 2,579.89 35463 12368 SPECIALTY HOSE EXPRESS LLC 07/30/2026 88.25 35464 11460 SUPERIOR POOL PRODUCTS LLC 07/30/2026 1,061.23 35465 13024 SWIFT SIGNZ 07/30/2026 107.81
35466 12581 TATES TSHIRT DESIGNS AND PRINTS, LLC07/30/2026 61.03 35467 10357 TAYLOR MADE IRRIGATION 07/30/2026 38.74
35468 10015 THE ADVANCE GROUP INC 07/30/2026 415.37
35469 10754 THE HOME DEPOT PRO-SUPPLY WORKS07/30/2026 1,606.42 35470 10387 USA BLUE BOOK 07/30/2026 58.99
35471 12178 VALLEY ANIMAL CENTER SPAY & NEUTER CLINIC 07/30/2026 165.00 35472 13081 KARIME VERDUGO 07/30/2026 150.00
35473 10406 WEST HILLS OIL INC 07/30/2026 8,541.31
Total for 7/30/2026: 145,275.53
Report Total (234 checks): 1,361,086.09
AP Checks by Date - Summary by Check Date (7/31/2026 3:56 PM) Page 5 18 Section 5, Item B.

CITY OF KERMAN PAYROLL REPORT

RETRO PAY GROSS COMP TIME
& OTHER Hours Amount Hours Amount Hours Amount SALARY EARNED Grand Total $ 284,834.84 $ 2,572.44 492.30 $ 13,265.72 143.00 $ 2,779.56 80.00 $ 2,459.92 $ 305,912.48 61.02 PAY PERIOD: June 28, 2026 - July 04, 2026
OVERTIME HOLIDAY at 1/2 TIME STANDBY Salary

Page 1 ends

19 Section 5, Item C.

CITY OF KERMAN PAYROLL REPORT

RETRO PAY GROSS COMP TIME
& OTHER Hours Amount Hours Amount Hours Amount SALARY EARNED Grand Total $ 284,899.67 $ 3,971.66 244.78 $ 12,554.40 - $ - 80.00 $ 1,919.35 $ 303,345.08 95.00 PAY PERIOD: July 05, 2026 - July 18, 2026
OVERTIME HOLIDAY at 1/2 TIME STANDBY Salary

Page 1 ends

20 Section 5, Item C.

Pacific Member Bank Irvine 615-030525-245 5.00% 3/15/24 9/15/25 243,000.00 (243,000.00) - - 6,124.93 Discover Bank Greenwood 615-030525-245 3.55% 9/20/22 9/22/25 245,000.00 (245,000.00) - - 4,432.15 BMW Bank North Amer Salt Lake 615-030525-245 0.50% 9/25/20 9/25/25 249,000.00 (249,000.00) - - 627.62 Bank of Hapoalim B M New York 615-030525-245 5.05% 4/24/24 10/29/25 200,000.00 (200,000.00) - - 5,063.84 Flagstar Bank National Association 615-030525-245 5.20% 6/11/24 1/13/26 243,000.00 (243,000.00) - - 7,408.50 US Government Bonds
Federal Home Loan Bank 615-030525-245 5.00% 10/29/24 10/30/29 500,000.00 (500,000.00) - - 6,250.00 Federal Home Loan Bank 615-030525-245 4.80% 5/28/25 5/15/28 500,000.00 (500,000.00) - - 5,133.33 Federal Home Loan Bank 615-030525-245 4.50% 6/30/25 6/23/28 280,000.00 (280,000.00) - - 2,905.00 Federal Home Loan Bank 615-030525-245 4.50% 3/24/25 3/24/28 251,000.00 (251,000.00) - - 5,647.50 Federal Home Loan Bank 615-030525-245 4.75% 10/30/24 10/30/29 500,000.00 (500,000.00) - - 11,875.00 Federal Home Loan Bank 615-030525-245 4.50% 1/30/25 7/30/27 500,000.00 (500,000.00) - - 16,875.00 Federal Home Loan Bank 615-030525-245 4.52% 5/7/25 11/7/28 503,000.00 (503,000.00) - - 11,367.80 Federal Home Loan Bank 615-030525-245 5.00% 5/28/25 5/14/30 500,000.00 (500,000.00) - - 11,527.78 Federal Home Loan Bank 615-030525-245 4.55% 8/19/25 8/19/30 - - - 7,899.31 Federal Home Loan Bank 615-030525-245 4.50% 7/30/25 7/28/28 - - - 11,125.00 Federal Home Loan Bank 615-030525-245 4.00% 10/30/25 10/30/28 - - - 6,000.00 Federal Home Loan Bank 615-030525-245 4.20% 9/24/25 9/13/30 750,000.00 750,000.00 746,842.50 14,787.50 Federal Home Loan Bank 615-030525-245 4.00% 10/15/25 10/15/29 535,000.00 535,000.00 529,018.70 10,700.00 Federal Home Loan Bank 615-030525-245 4.00% 4/22/26 10/22/29 600,000.00 600,000.00 595,728.00 11,466.67 Federal Home Loan Bank 615-030525-245 4.00% 2/27/26 2/27/30 600,000.00 600,000.00 593,940.00 - Federal Home Loan Bank 615-030525-245 4.20% 11/26/25 11/26/29 525,000.00 525,000.00 519,151.50 11,025.00 Federal Home Loan Bank 615-030525-245 4.15% 11/28/25 5/28/30 525,000.00 525,000.00 518,873.25 10,893.75 Federal Home Loan Bank 615-030525-245 4.15% 1/28/26 1/28/31 750,000.00 750,000.00 741,442.50 - Federal Home Loan Bank 615-030525-245 4.10% 12/30/25 12/30/30 500,000.00 500,000.00 492,570.00 10,250.00 United Security Bank CD
United Security Bank 1317802 4.75% 2/2/24 2/2/26 250,000.00 250,000.00 250,000.00 - United Security Bank 1317802 4.75% 6/27/24 6/27/26 250,000.00 250,000.00 250,000.00 - Average Rate 4.23%
Total CD's 5,214,000.00 71,000.00 - 5,285,000.00 5,237,566.45 189,806.98 21 Section 5, Item D.

CITY OF KERMAN
CD/Securities Portfolio
As of June 30, 2026 6/30/2025 6/30/2026 FY to Date
Interest Rate/ Opening Maturity Book Additions/ Book Interest Institution Account Number Trans. Date Date Date Balance (Deletions) Cashed In Balance Fair Value Paid Securities America Sweep Program
Beginning Balance 67.00 67.00
Transfers In/(Out) 7/1-7/31/25 19,482.01 19,482.01
8/1-8/31/25 (19,549.01) (19,549.01)
9/16-9/30/25 537,687.20 537,687.20
10/1-10/31/25 -512413.89 (512,413.89)
11/1-11/28/25 -24114.73 (24,114.73)
12/15-12/30/25 -1154.46 (1,154.46)
1/1-1/30/26 11174.2 11,174.20
2/2-2/27/26 84.74 84.74
3/13-3/27/26 -11263.06 (11,263.06)
4/16-4/29/26 0 -
5/27-5/28/26 0 -
6/1-6/30/26 0 -

67.00 (67.00) - 0.00 0.00 -
Local Agency Investment Fund
Beginning Balance 98-10-400 18,458,212.85 18,458,212.85 - Interest 4.40% 7/15/25 202,228.94 202,228.94 202,228.94

4.34% 10/15/25 203,843.34 203,843.34

4.20% 1/15/26 199,464.05 199,464.05

3.98% 4/15/26 186,816.86 186,816.86
Transfers In/(Out) -
Total - LAIF 4.23% 18,458,212.85 792,353.19 - 19,250,566.04 19,250,566.04 202,228.94 Central Valley Money Market Acct 015030960
Beginning Balance 3,649,281.76 3,649,281.76
Interest 7/31/25 247.95 247.95 247.95
8/31/25 231.97 231.97
9/30/25 255.98 255.98
10/31/25 208.55 208.55
11/30/25 162.64 162.64
12/31/25 158.82 158.82
1/31/26 75.65 75.65
2/28/26 70.61 70.61
3/31/26 80.71 80.71
4/30/26 75.67 75.67
5/31/26 73.15 73.15
6/30/26 80.72 80.72
Transfers In/(Out) -
10/14/25 (1,000,000.00) (1,000,000.00)
12/22/25 (1,500,000.00) (1,500,000.00)
-

0.08% -
3,649,281.76 (2,498,277.58) - 1,151,004.18 1,151,004.18 247.95 Subtotal All City Investments 2.85% 27,321,494.61 (1,634,924.39) - 25,686,570.22 25,639,136.67 392,283.87 27,321,561.61 (1,634,991.39) - 25,686,570.22 25,639,136.67 392,283.87 Market Value Adjustment (47,433.55)
(1,634,991.39)
(1,634,991.39)
-
Total Investments
22 Section 5, Item D.

CITY OF KERMAN
CD/Securities Portfolio
As of July 31, 2026 6/30/2026 6/30/2027 FY to Date
Interest Rate/ Opening Maturity Book Additions/ Book Interest Institution Account Number Trans. Date Date Date Balance (Deletions) Cashed In Balance Fair Value Paid CD's:

US Government Bonds
Federal Home Loan Bank 615-030525-245 4.20% 9/24/25 9/13/30 750,000.00 750,000.00 744,067.50 - Federal Home Loan Bank 615-030525-245 4.00% 10/15/25 10/15/29 535,000.00 535,000.00 526,862.65 - Federal Home Loan Bank 615-030525-245 4.00% 4/22/26 10/22/29 600,000.00 600,000.00 593,634.00 - Federal Home Loan Bank 615-030525-245 4.00% 2/27/26 2/27/30 600,000.00 600,000.00 591,336.00 - Federal Home Loan Bank 615-030525-245 4.20% 11/26/25 11/26/29 525,000.00 525,000.00 517,125.00 - Federal Home Loan Bank 615-030525-245 4.15% 11/28/25 5/28/30 525,000.00 525,000.00 516,264.00 - Federal Home Loan Bank 615-030525-245 4.15% 1/28/26 1/28/31 750,000.00 750,000.00 741,165.00 15,562.50 Federal Home Loan Bank 615-030525-245 4.10% 12/30/25 12/30/30 500,000.00 500,000.00 489,485.00 - United Security Bank CD
United Security Bank 1317802 4.75% 2/2/24 2/2/26 250,000.00 250,000.00 250,000.00 - United Security Bank 1317802 4.75% 6/27/24 6/27/26 250,000.00 250,000.00 250,000.00 - Average Rate 4.23%
Total CD's 500,000.00 4,785,000.00 - 5,285,000.00 5,219,939.15 15,562.50 Securities America Sweep Program
Beginning Balance - -
Transfers In/(Out) 7/1-7/31/26 - -
- - - - - -
Local Agency Investment Fund
Beginning Balance 98-10-400 19,250,566.04 19,250,566.04 - Interest 3.92% 7/15/26 187,919.23 187,919.23 187,919.23 - -
Transfers In/(Out) -
Total - LAIF 3.92% 19,250,566.04 187,919.23 - 19,438,485.27 19,438,485.27 187,919.23 Central Valley Money Market Acct 015030960
Beginning Balance 1,151,004.18 1,151,004.18
Interest 7/31/26 78.21 78.21 78.21
- -
Transfers In/(Out) -
-

0.08% -
1,151,004.18 78.21 - 1,151,082.39 1,151,082.39 78.21
Subtotal All City Investments 2.74% 20,901,570.22 4,972,997.44 - 25,874,567.66 25,809,506.81 203,559.94 20,901,570.22 4,972,997.44 - 25,874,567.66 25,809,506.81 203,559.94 Market Value Adjustment (65,060.85)
4,972,997.44
4,972,997.44
-
Total Investments
23 Section 5, Item D.

STAFF REPORT
MEETING DATE: August 12, 2026
PRESENTER: Josefina Alvarez, Finance Director
SUBJECT: Resolution Concerning Local Transportation Purposes Funds (Measure “C”) (JA) RECOMMENDATION: Council by motion adopt resolution approving submittal of Local Transportation Purposes Certification and Claim for Fiscal Year 2026/2027 (Measure “C”).

EXECUTIVE SUMMARY:

Each year, the Fresno County Transportation Authority (FCTA) provides the City of Kerman with information regarding Measure “C” funding allocations that will be made available to the City throughout the new fiscal year. The City is required to approve and claim these allocation amounts by way of resolution before such funds can be disbursed to the City.

DISCUSSION:

In November of 2006, the voters of Fresno County approved an extension of the one-half cent sales tax increase known as Measure “C” to fund regional and local transportation projects. The Fresno County Transportation Authority (FCTA) is the administering agency for these funds. The FCTA, on an annual basis, determines the allocation of Measure “C” funds to all cities and the County of Fresno based on population and road miles.

For Fiscal Year 2026/2027 the FCTA is projecting $39,106,552 in Measure “C” funds. The FCTA allocates these funds in the following categories:

Category Amount
Street Maintenance $17,292,782
ADA Compliance $605,249
Flexible Funding $17,281,604
Ped/Trails Urban $2,430,031
Ped/Trails Rural $597,410
Bicycle Facilities $899,476
Total $39,106,552
24 Section 5, Item E.

The allocations for the City of Kerman are:

Category Amount
Street Maintenance $288,948
ADA Compliance $10,113
Flexible Funding $354,189
Total $653,249
These allocations are based on Kerman’s 2026 population of 17,498 and 47.2 road miles. These revenues are a critical funding source to help the City maintain streets, sidewalks and infrastructure.

The City Council must adopt a resolution claiming Fiscal Year 2026/2027 Measure “C” funds and agreeing to spend the funds for local transportation related purposes, to separately account for the funds and to report prior fiscal years funding claims by August 25, 2026.

FISCAL IMPACT:

The City of Kerman will receive a total of $653,249 in Measure “C” funds in Fiscal Year 2026/2027, according to the Fresno County Transportation Authority.

ATTACHMENTS:

A. Resolution w/Exhibit
25 Section 5, Item E.

Attachment ‘A’
RESOLUTION NO. 26-__

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN APPROVING SUBMITTAL OF LOCAL TRANSPORTATION PURPOSES CERTIFICATION AND CLAIM FOR FISCAL YEAR 2026/2027 (MEASURE “C”)
WHEREAS, the City of Kerman is an eligible claimant of funds for Local Transportation Purposes pursuant to California Public Utilities Code Section 142257; and WHEREAS, the Fresno County Transportation Authority has adopted a Resolution of Apportionment for Fiscal Year 2026/2027 setting the City of Kerman’s percentage at 1.67% which shall be the proportionate share of local Transportation Purposes monies to which the City shall be entitled within the Fiscal Year.

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

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

2. The City of Kerman hereby submits its Local Transportation Purposes Certification and Claim for Fiscal Year 2026/2027 attached as Exhibit ‘A’ and incorporated by reference.

3. The City of Kerman hereby requests the release of funds to the City on a monthly payment basis, consistent with the adopted apportionment and proportionate to the receipts.

4. The City Council of the City of Kerman certifies:
a. Local Transportation Purposes Funds will not be used to substitute for property tax funds which the City of Kerman had previously used for Local Transportation Purposes; and
b. City of Kerman has and will segregate property tax revenues from the City’s other general funds revenues used to support Local Transportation so that verification of non-substitution can be proved through audit; and
c. City of Kerman shall separately account for Local Transportation Purposes Funds received, pursuant to California Public Utilities Code Section 142257. The City shall maintain records in accordance with generally accepted accounting principles and shall separately record expenditures for each type of eligible purpose. The City shall make such records available to the Authority for inspection or audit at any time; and
d. City shall complete the prior fiscal years reporting requirements and claims forms no later than August 25, 2026. Reports not filed with the Authority by August 25, 26 Section 5, Item E.
2026 will result in a stoppage of allocations until a completed report is filed for each program and sub-program.

5. The City of Kerman understands that should a financial or compliance audit reveal that the City of Kerman violated any of the requirements set forth in paragraph 3 (a), (b), (c) or (d), the Fresno County Transportation Authority may seek to take immediate steps to resolve the violation in accordance with its adopted procedures.

6. The City hereby requests the Authority to allocate all funds that become available from the Local Transportation Purpose Funds to the City for Fiscal Year 2026/2027, as identified in the attached claim forms and indicated below, in accordance with the adopted “Procedures for Administration of Funds for Local Transportation Purposes”:

Category Amount
Street Maintenance $288,948
ADA Compliance $10,113
Flexible Funding $354,189
Total $653,249

7. This resolution is effective upon adoption.

The foregoing resolution was adopted by the City Council of the City of Kerman at a regular meeting held on the 12th day of August 2026 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

The foregoing resolution is hereby approved.
____________________________
Maria Pacheco
Mayor
ATTEST:
_____________________________
Dalia Santana-Zamudio
City Clerk
27 Section 5, Item E.

Exhibit ‘A’
28 Section 5, Item E.
29 Section 5, Item E.
30 Section 5, Item E.

STAFF REPORT
MEETING DATE: August 12, 2026
PRESENTER: Dalia Santana-Zamudio, City Clerk
SUBJECT: Agreement with CivicPlus for the Transition of Agenda Meeting Management Essential to Agenda Meeting Management Select (DSZ)
RECOMMENDATION: Council adopt resolution approving Statement of Work and related Master Services Agreement with CivicPlus for the transition of Agenda Management Essential to Agenda Management Select and authorizing the City Manager to sign.

EXECUTIVE SUMMARY:

The City entered into a contract agreement with CivicPlus for online meeting and agenda management services on April 18, 2022. CivicPlus’s Agenda and Meeting Management Essential product will reach an end-of-life effective June 30, 2027, and will transition to Agenda and Meeting Management Select at which time the current agreement will expire. The parties have negotiated a new agreement with an initial term to commence on July 1, 2026.

The new quote from CivicPlus has an annual renewal amount of $7,500 with a 5% increase in year 2. The new rate would be a $2,500 increase from the existing contract. The new agreement is embodied in a Statement of Work and Master Services Agreement.

FISCAL IMPACT:

Increase of $2,500 to funds already incorporated in the budget 2026/2027.

ATTACHMENTS:

A. Resolution w/Exhibits
31 Section 5, Item F.

Attachment ‘A’
RESOLUTION NO. 26-___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN APPROVING STATEMENT OF

WORK AND RELATED MASTER SERVICES AGREEMENT WITH CIVICPLUS FOR THE TRANSITION

OF AGENDA MANAGEMENT ESSENTIAL TO AGENDA MANAGEMENT SELECT AND

AUTHORIZING THE CITY MANAGER TO SIGN THE AGREEMENT
WHEREAS, the City signed a contract agreement with CivicPlus for online meeting and agenda management services on April 18, 2022, and
WHEREAS, the Agenda and Meeting Management Essential product will reach an end-oflife effective June 30, 2027, and will transition to Agenda and Meeting Management Select at which time the current agreement will expire, and the parties have negotiated a new agreement; and
WHEREAS, the CivicPlus Agenda and Meeting Management Solution is a valuable tool that provides public information, resources, and notifications, and WHEREAS, the new annual amount would be $7,500 with an annual 5% increase in year 2, and
WHEREAS, the City desires to accept the new agreement with Civic Plus for online meeting and agenda management services.

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

1. The foregoing recitals are true and correct.

2. The City Council hereby approves the Statement of Work (SOW) and related Master Services with Civic Plus attached hereto and incorporated by reference as Exhibits ‘A’ and ‘B’ and authorizes the City Manager to execute same.

3. The SOW and Master Agreement supersede any and all prior agreements with CivicPlus. Staff will ensure that all notices required for termination of current agreement are effected.

4. This resolution shall be effective immediately upon adoption. (certification on following page)
32 Section 5, Item F.

The foregoing resolution was adopted by the City Council of the City of Kerman at a regular meeting held on the 12th day of August 2026, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

The foregoing resolution is hereby approved.
____________________________
Maria Pacheco
Mayor
ATTEST:
_____________________________
Dalia Santana-Zamudio
City Clerk
33 Section 5, Item F.

CivicPlus
302 South 4th St. Suite 500
Manhattan, KS 66502
US
Statement of Work
Quote #: Q-123779-1
CivicPlus Pricing
Approval Date:

Expires On: 8/31/2026
Client:

City of Kerman, CA
Bill To:

KERMAN CITY, CALIFORNIA
SALESPERSON Phone EMAIL DELIVERY METHOD PAYMENT METHOD
Armel Kouassi [email protected] Net 30
One-time(s)

QTY PRODUCT NAME DESCRIPTION

1.00 AMM Select: Conversion Pro
Premium Implementation
AMM Select: Conversion Pro Premium Implementation
Recurring Service(s)

QTY PRODUCT NAME DESCRIPTION

1.00 AMM Select: AI Editing
Assistant
AMM Select: AI Editing Assistant

1.00 AMM Select: Pro Annual Fee AMM Select: Pro Annual Fee

QTY PRODUCT NAME DESCRIPTION

1.00 Conversion Pro Premium
Package
Conversion Pro Premium Package
Total Investment - Initial Term USD 7,500.00
Annual Recurring Services (Subject to Uplift) USD 7,500.00 Initial Term 7/1/2026 - 6/30/2027, Renewal Term 7/1 each calendar year Initial Term Invoice Schedule 100% Invoiced on Initial Term Start Date

Page 1 of 3 ends

Exhibit 'A'
34 Section 5, Item F.

Renewal Procedure Automatic 1 year renewal term, unless 60 days notice provided prior to renewal date
Annual Uplift 5% to be applied in year 2
This Statement of Work ("SOW") shall be subject to the terms and conditions of the CivicPlus Master Services Agreement and the applicable Solution and Services terms and conditions located at https:// www.civicplus.help/hc/en-us/p/legal-stuff (collectively, the "Binding Terms"). By signing this SOW, Client expressly agrees to the terms and conditions of the Binding Terms throughout the term of this SOW.

Please note that this document is a SOW and not an invoice. Upon signing and submitting this SOW, Client will receive the applicable invoice according to the terms of the invoicing schedule outlined herein.

Client may issue purchase orders for its internal, administrative use only, and not to impose any contractual terms. Any terms contained in any such purchase orders issued by the Client are considered null and will not alter the Binding Terms, the Agreement or this SOW.

Page 2 of 3 ends

35 Section 5, Item F.

Acceptance of Quote # Q-123779-1
The undersigned acknowledges having read, understood, and agreed to be bound by the binding terms and conditions incorporated into this SOW. This SOW shall become effective as of the date of the last signature below (“Effective Date”).

For CivicPlus Billing Information, please visit https://www.civicplus.com/verify/ Authorized Client Signature CivicPlus
___________________________________
By (please sign):
___________________________________
By (please sign):
___________________________________
Printed Name:
___________________________________
Printed Name:
___________________________________
Title:
___________________________________
Title:
___________________________________
Date:
___________________________________
Date:
___________________________________
Organization Legal Name:
___________________________________
Billing Contact:
___________________________________
Title:
___________________________________
Billing Phone Number:
___________________________________
Billing Email:
___________________________________
Billing Address:
___________________________________
Mailing Address: (If different from above)
___________________________________
PO Number: (Info needed on Invoice (PO or Job#) if
required)

Page 3 of 3 ends

36 Section 5, Item F.
civicplus.com | 302 South 4th Street, Suite 500 | Manhattan, KS 66502 | 888-228-2233 Exhibit ‘B’
CivicPlus Master Services Agreement
This Master Services Agreement (this “Agreement”) governs all Statements of Work (“SOW”) entered into by and between CivicPlus, LLC (“CivicPlus”) and the customer entity identified on the SOW (“Customer”). This Agreement governs the use and provision of any Services purchased by Customer, as described in any signed SOW, and the effective date of this Agreement shall commence on the date of signature of the SOW (“Effective Date”). If a SOW has not been executed, then the Effective Date shall be determined as the start date of implementation of any software solution by CivicPlus for Customer. CivicPlus and Customer referred to herein individually as “Party” and jointly as “Parties”.

Recitals
I. WHEREAS, CivicPlus is engaged in the business of developing and providing access to proprietary community engagement and government content, workflow, and general management software solutions, platforms and associated services (the “Services”); and
II. WHEREAS, Customer wishes to engage CivicPlus for the procurement of the Services and/or receive a license subscription for the ongoing use of the Services, as set forth in the SOW; NOW, THEREFORE, Customer and CivicPlus agree as follows:

Agreement
Term & Termination

1. This Agreement shall commence on the Effective Date and shall remain in full force and effect for as long as any SOW is in effect between CivicPlus and Customer, or Services are being provided by CivicPlus to Customer, unless terminated in accordance with this §1 or as otherwise provided in this Agreement (the “Term”). Either Party may terminate this Agreement or any SOW as set forth in such SOW, or at its discretion, effective immediately upon written notice to the other Party, if the other Party materially breaches any provision of this Agreement and does not substantially cure the breach within thirty (30) days after receiving notice of such breach. A delinquent Customer account remaining past due for longer than 90 days is a material breach by Customer and is grounds for CivicPlus termination. CivicPlus reserves the right to withhold, remove and/or discard Customer Data without notice for any breach, including, without limitation, Customer’s non-payment. Upon termination for Customer’s breach, Customer’s right to access or use Customer Data immediately ceases, and CivicPlus shall have no obligation to maintain or forward any Customer Data.

2. Upon termination of this Agreement or any SOW for any reason, (a) the licenses granted for such relevant SOW by §11 below will terminate and Customer shall cease all use of the CivicPlus Property and Services associated with the terminated SOW and (b) any amounts owed to CivicPlus for work performed prior to termination shall immediately become due in full and payable. If Customer has paid in advance for the Services, and this Agreement terminates due to material breach of this Agreement by CivicPlus, CivicPlus shall refund Customer a prorated amount of any amount already paid. Upon termination by Customer for convenience or due to material breach by Customer, in addition to any remedy provided in this Agreement or provided in law or equity, CivicPlus shall be entitled to retain any amounts already paid. 37 Section 5, Item F.
civicplus.com | 302 South 4th Street, Suite 500 | Manhattan, KS 66502 | 888-228-2233 Sections 7, 8, 10, 14, 15, 18, 32 -34, 40, and 42 will survive any expiration or termination of this Agreement.

3. At any time during the Term, CivicPlus may, immediately upon notice to Customer, suspend Customer and any of its Users access to any Service due to a threat to the technical security or technical integrity of the Services.

Invoicing & Payment Terms

4. Customer will pay the amounts owed to CivicPlus for the development and implementation of the Customer’s Services, as defined in the SOW (“Project Development”), subscription and licensing, and annual hosting, support and maintenance services (“Annual Recurring Services”) in accordance with the payment schedule set forth on the applicable SOW. Invoices shall be sent electronically to the individual/entity designated in the SOW’s contact sheet that is required to be filled out and submitted by Customer (the “Contact Sheet”). Customer shall provide accurate, current and complete information of Customer’s legal business name, address, email address, and phone number in the Contact Sheet upon submission of a signed SOW. Customer will maintain and promptly update the Contact Sheet information if it should change. Upon Customer’s request, CivicPlus will mail hard-copy invoices for a $5.00 convenience fee to be added to the mailed invoice.

5. Each SOW will state the amount of days from date of invoice payment is due. Unless otherwise limited by law, a finance charge of 1.5 percent (%) per month or the maximum rate permitted by applicable law, whichever is less, will be added to past due accounts from due date until paid. Payments received will be applied first to finance charges, then to the oldest outstanding invoice(s). If the Customer's account exceeds 60 days past due, support will be discontinued until the Customer's account is made current. If the Customer's account exceeds 90 days past due, CivicPlus may suspend in progress Project Development and Annual Recurring Services will be discontinued, and the Customer will no longer have access to the Services until the Customer's account is made current. Customer will be given 15 days’ notice prior to discontinuation of Services for non-payment.

6. During the performance of Project Development, if Customer requests a change that requires repeated efforts to previously approved work product and such change causes CivicPlus to incur additional expenses (i.e. airline change fees, resource hours, consultant fees, Customer does not show up for scheduled meetings or trainings), Customer agrees to reimburse CivicPlus for such additional expenses. CivicPlus shall notify Customer prior to incurring such expenses and shall only incur those expenses which are approved by Customer.

Ownership & Content Responsibility

7. Upon full and complete payment of amounts owed for Project Development under the applicable SOW, Customer will own any website graphic designs, Services content, module content, importable/exportable data, and archived information (“Customer Content”) created by CivicPlus on behalf of Customer pursuant to this Agreement. “Customer Content” also includes, without limitation, any elements of text, graphics, images, photos, audio, video, designs, artworks, logos, trademarks, services marks, and other materials or content which Customer provides to CivicPlus for processing, transmission, storage, or inputs into any website, software or module in connection with any Services. Customer Content excludes any content in the public domain and any content owned or licensed by CivicPlus, whether in connection with providing Services or otherwise.

8. Upon completion of the Project Development, Customer will take over the management and control of the Services and Customer will assume full responsibility for Customer Content maintenance and administration. Customer, not CivicPlus, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Content. Customer hereby grants CivicPlus a worldwide, non-exclusive right and license to reproduce, distribute and display the Customer Content as necessary to provide the 38 Section 5, Item F.
civicplus.com | 302 South 4th Street, Suite 500 | Manhattan, KS 66502 | 888-228-2233 Services. Customer represents and warrants that Customer owns all Customer Content or that Customer has permission from the rightful owner to use each of the elements of Customer Content and that Customer has all rights necessary for CivicPlus to use the Customer Content in connection with providing the Services. Customer agrees that CivicPlus shall not be responsible or liable for the content of messages created by Customer or by Customer’s Users or end-users who access Service. Notwithstanding the foregoing, CivicPlus retains the right, but not the obligation, to remove any Customer Content that is libelous, harassing, abusive, fraudulent, defamatory, excessively profane, obscene, abusive, hate related, violent, harmful to minors, that advocates racial or ethnic intolerance, intended to advocate or advance computer hacking or cracking, or other material, products or services that violate or encourage conduct that would violate any laws or thirdparty rights.

9. At any time during the term of the applicable SOW, Customer will have the ability to download the Customer Content and export the data that is processed through the Services (“Customer Data”). Customer may request CivicPlus to perform the export of Customer Data and provide the Customer Data to Customer in a commonly used format, at any time, for a fee to be quoted at time of request and approved by Customer. Upon termination of the applicable SOW for any reason, whether or not Customer has retrieved or requested the Customer Data, CivicPlus reserves the right to permanently and definitively delete the Customer Content and Customer Data held in the Services thirty (30) days following termination of the applicable SOW. During the thirty (30) day period following termination of the SOW, regardless of the reason for its termination, Customer will not have access to the Services.

10. Intellectual Property in the software or other original works created by or licensed to CivicPlus, including all software source code, documents, and materials used in performing the Services (“CivicPlus Property”) will remain the property of CivicPlus. CivicPlus Property specifically excludes Customer Content. Customer shall not (i) license, sublicense, sell, resell, reproduce, transfer, assign, distribute or otherwise commercially exploit or make available to any third party any CivicPlus Property in any way, except as specifically provided in the applicable SOW; (ii) adapt, alter, modify or make derivative works based upon any CivicPlus Property; (iii) create internet “links” to the CivicPlus Property software or “frame” or “mirror” any CivicPlus Property administrative access on any other server or wireless or internet-based device that may allow third party entities, other than Customer, to use the Services; (iv) reverse engineer, decompile, disassemble or otherwise attempt to obtain the software source code to all or any portion of the Services; (v) make any attempt to gain unauthorized access to the Services and/or any of CivicPlus’ systems or networks; or (vi) access any CivicPlus Property in order to: (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of any CivicPlus Property, or (c) copy any ideas, features, functions or graphics of any CivicPlus Property. The CivicPlus name, the CivicPlus logo, and the product and module names associated with any CivicPlus Property are trademarks of CivicPlus, and no right or license is granted to use them outside of the licenses set forth in this Agreement.

11. Provided Customer complies with the terms and conditions herein, the relevant SOW, and license restrictions set forth in §10, CivicPlus hereby grants Customer a limited, nontransferable, nonexclusive, non-assignable license to access and use the CivicPlus Property associated with any valid and effective SOW, for the term of the respective SOW. The license set forth herein, shall only apply to the extent that Customer is using the Services for legitimate business use as intended by the purpose of the Services and not for the purpose of comparing the Services to a competitor or similar product of CivicPlus. Customer hereby warrants and affirms its purpose in accessing or otherwise using the Services is for their intended purpose only and understands and agrees that any other use shall be considered fraud.

12. All CivicPlus helpful information and user’s guides for the Services (“Documentation”) are maintained and updated electronically by CivicPlus and can be accessed through the CivicPlus “Help Center”. CivicPlus does not provide paper copies of its Documentation. Customer and its Users are granted a limited license to access Documentation as needed.

Customer shall not copy, download, distribute, or make derivatives of the Documentation.

13. Customer acknowledges that CivicPlus may continually develop, alter, deliver, and provide to the Customer ongoing innovation to the Services, in the form of new features and functionalities. CivicPlus reserves the right to modify the Services from time to time. Any modifications or improvements to the Services listed on the SOW will be provided to the 39 Section 5, Item F.
civicplus.com | 302 South 4th Street, Suite 500 | Manhattan, KS 66502 | 888-228-2233 Customer at no additional charge. In the event that CivicPlus creates new products or significant enhancements to the Services (“New Services”), and Customer desires these New Services, then Customer will have to pay CivicPlus the appropriate fee for the access to and use of the New Services. CivicPlus shall use its reasonable best efforts to provide workarounds in the event any modification to the Services causes Customer to lose substantial functionality of the Services.

14. CivicPlus in its sole discretion, may utilize all comments and suggestions, whether written or oral, furnished by Customer to CivicPlus in connection with its access to and use of the Services (all reports, comments and suggestions provided by Customer hereunder constitute, collectively, the “Feedback”). Customer hereby grants to CivicPlus a worldwide, non-exclusive, irrevocable, perpetual, royalty-free right and license to incorporate the Feedback in the CivicPlus products and services.

Indemnification

15. CivicPlus will defend at its expense or settle any third-party claim against Customer alleging that the Services provided under this Agreement infringe intellectual property rights. CivicPlus will pay infringement claim defense costs, CivicPlus–negotiated settlement amounts, and damages finally awarded by a court. CivicPlus has no obligation for any claim of infringement arising from Customer's use of the Services for purposes not contemplated by this Agreement.

CivicPlus’s indemnification obligations under this Section 15 are conditioned upon the Customer (i) promptly notifying the CivicPlus of any claim in writing; (ii) cooperating with CivicPlus in the defense of the claim; and (iii) granting CivicPlus sole control of the defense or settlement of the claim. The indemnification obligations of CivicPlus herein shall not apply to any claims of intellectual property infringement related to Customer Content.

Responsibilities of the Parties

16. CivicPlus will not be liable for any act, omission of act, negligence or defect in the quality of service of any underlying carrier, licensor or other third-party service provider whose facilities or services are used in furnishing any portion of the Service received by the Customer.

17. CivicPlus will not be liable for any failure of performance that is caused by or the result of any act or omission by Customer or any entity employed/contracted on the Customer’s behalf. During Project Development, Customer will be responsive and cooperative with CivicPlus to ensure the Project Development is completed in a timely manner.

18. Customer agrees that it is solely responsible for the end-user’s personal data that Customer decides to solicit, collect, store, or otherwise use in connection with any Service provided by CivicPlus. Customer understands and agrees that CivicPlus provides certain solutions with increased security measures for the solicitation and storage of any sensitive data, and it is Customer’s responsibility to determine whether the data it solicits and collects should be stored in such solutions.

Customer understands and agrees that CivicPlus does not have knowledge or control over what type of data Customer solicits therefore CivicPlus has no responsibility for the use or storage of end-users’ personal data in connection with the Services or the consequences of the solicitation, collection, storage, or other use by Customer or by any third party of any personal data. Customer has the sole control and responsibility over the determination of which data and information shall be included in the content that is to be transmitted and stored by CivicPlus. Customer shall not provide to CivicPlus or allow to be provided to CivicPlus any content that (a) infringes or violates any 3rd party’s intellectual property rights, rights of publicity or rights of privacy, (b) contains any defamatory material, or (c) violates any federal, state, local, or foreign laws, regulations, or statutes.

19. Customer is responsible for all activity that occurs under Customer's accounts by or on behalf of Customer. Customer agrees to (a) be solely responsible for all designated and authorized individuals chosen by Customer (“User”) activity, 40 Section 5, Item F.
civicplus.com | 302 South 4th Street, Suite 500 | Manhattan, KS 66502 | 888-228-2233 which must be in accordance with this Agreement and the CivicPlus Terms of Use; (b) be solely responsible for Customer Data; (c) obtain and maintain during the term all necessary consents, agreements and approvals from end-users, individuals or any other third parties for all actual or intended uses of information, data or other content Customer will use in connection with the Services; (d) use commercially reasonable efforts to prevent unauthorized access to, or use of, any User’s log-in information and the Services, and notify CivicPlus promptly of any known unauthorized access or use of the foregoing; (e) use commercially reasonable efforts to prevent unauthorized access to or use of the Services and CivicPlus Property and shall promptly notify CivicPlus of any unauthorized access or use of the Services and/or CivicPlus Property and any loss or theft or unauthorized use of any n User's password or username and/or personal information; and (f) use the Services only in accordance with applicable laws and regulations.

20. The Parties shall comply with all applicable local, state, and federal laws, treaties, regulations, and conventions in connection with its use and provision of any of the Services or CivicPlus Property.

21. CivicPlus shall not be responsible for any act or omission of any third-party vendor or service provider that Customer has selected to integrate any of its Services with.

22. Customer understands that CivicPlus must fastidiously allocate resources across all of its customers and specifically reserves necessary resources for Customer’s Project Development. If any professional services, such as consulting or training, purchased by Customer are not used during the Project Development phase solely due to the inaction or unresponsiveness of Customer, then these services shall expire 30 days after completion of Project Development. The Customer may re-schedule any unused professional services during this 30-day period as mutually agreed upon by the Parties. Any professional services that have not been used or rescheduled shall be marked as complete and closed upon the expiration of the 30-day period.

Data Security

23. CivicPlus shall, at all times, comply with the terms and conditions of its Privacy Policy. CivicPlus will maintain commercially reasonable administrative, physical, and technical safeguards designed to protect the security and confidentiality of Customer Data. CivicPlus will not modify Customer Data or disclose Customer Data, except (a) in order to provide the Services; (b) to prevent or address service or technical problems in connection with support matters; (c) as specifically directed or expressly permitted in writing by Customer, (d) in compliance with our Privacy Policy; or (f) if compelled by law. Notwithstanding the foregoing, CivicPlus reserves the right to delete, suspend, or block known malicious accounts without Customer authorization. Customer understands that CivicPlus has no obligation to provide the Services or maintain the Customer Data, information or other material if Customer’s accounts are past due and unpaid as set forth in this Agreement.

24. Customer acknowledges and agrees that CivicPlus utilizes third-party service providers to host and provide the Services and store Customer Data and the protection of such data will be in accordance with such third party’s safeguards for the protection and the security and confidentiality of Customer’s Data. Notwithstanding anything to the contrary, CivicPlus shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning Customer Data and data derived therefrom), and CivicPlus will be free (during and after the term hereof) to use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other CivicPlus offerings.

25. CivicPlus may offer Customer the ability to use third-party applications in combination with the Services. Any such third-party application will be subject to acceptance by Customer. In connection with any such third-party application agreed to by Customer, Customer acknowledges and agrees that CivicPlus may allow the third-party providers access to Customer Data asrequired for the interoperation of such third-party application with the Services. The use of a third-party 41 Section 5, Item F.
civicplus.com | 302 South 4th Street, Suite 500 | Manhattan, KS 66502 | 888-228-2233 application with the Services may also require Customer to agree to a separate agreement or terms and conditions with the provider of the third-party application, which will govern Customer's use of such third-party application.

26. In the event of a security breach due to the sole negligence, malicious actions, omissions, or misconduct of CivicPlus, CivicPlus, as the data custodian, will comply will all remediation efforts as required by applicable federal and state law.

CivicPlus Support

27. CivicPlus will use commercially reasonable efforts to perform the Services in a manner consistent with applicable industry standards, including maintaining Services availability 24 hours a day, 7 days a week with 99.9% uptime. Customer will have 24/7 access to the online CivicPlus Help Center (civicplus.help) to review use articles, software best practices, receive maintenance release notes, as well as submit and monitor omni-channel support tickets and access solution specific support contact methods (https://www.civicplus.help/hc/en-us/requests/new).

28. CivicPlus provides live support engineers based in the domestic United States to respond to basic questions concerning use and configuration, to diagnose software code-related errors, and proactively identify potential systems issues. CivicPlus support engineers serve a preliminary function in the agile development process and escalate defects to software developers or architects for remediation. For security purposes, CivicPlus support engineers are not permitted to modify user accounts, and permissions nor distribute access outside of accounts established by means of a support interaction for testing. Customer delegated Users may receive tutorials and guidance on account modifications but will perform the action themselves.

29. CivicPlus support hours span between the hours of 7 am to 7 pm CST, but may vary by product. Customer may access the CivicPlus Help Center (civicplus.help) to obtain each product’s support hours. After hours support is available by toll- free phone call only. Non-emergency support requested outside of support hours will be subject to additional fees, such fees will be quoted to Customer at the time of the request and will be subject to Customer acceptance and invoiced the next business day following the non-emergency support. CivicPlus shall have the sole discretion to determine in good faith whether support requests qualify as an emergency, exceed reasonable use or are outside the scope of services outlined in any SOW.

30. If a reported problem cannot be solved during the firstsupport interaction, Customer will be provided a ticket number that will be used as communication method throughout ticket escalation until a solution is provided. Support service does not include support for errors caused by third party products or applications for which CivicPlus is not responsible.

Marketing

31. Customer hereby authorizes CivicPlus to include CivicPlus’s name and logo inconspicuously within the Customer’s instance of the Services. Customer may publicly refer to itself as a customer of the CivicPlus Services, including on Customer's website and in sales presentations. Notwithstanding the foregoing, each Party hereby grants the other a limited, worldwide, license to use the other’s logo in conformance with such Party’s trademark usage guidelines and solely for the purposes of providing the Services. In no event will either Party issue a press release publicly announcing this relationship without the approval of the other Party, such approval not to be unreasonably withheld. 42 Section 5, Item F.
civicplus.com | 302 South 4th Street, Suite 500 | Manhattan, KS 66502 | 888-228-2233 Limitation of Liability

32. CivicPlus’ liability arising out of or related to this Agreement, or any associated SOW, will not exceed the amounts paid by Customer for the Annual Recurring Services in the year prior to such claim of liability.

33. In no event will CivicPlus be liable to Customer for any consequential, indirect, special, incidental, or punitive damages arising out of or related to this Agreement.

34. The liabilities limited by Section 32 and 33 apply: (a) to liability for negligence; (b) regardless of the form of action, whether in contract, tort, strict product liability, or otherwise; (c) even if Customer is advised in advance of the possibility of the damages in question and even if such damages were foreseeable; and (d) even if Customer’s remedies fail of their essential purposes. If applicable law limits the application of the provisions of this Limitation of Liability section, CivicPlus’ liability will be limited to the maximum extent permissible.

Warranties and Disclaimer

35. Each person signing the SOW, or otherwise agreeing to the terms of this Agreement, represents and warrants that he or she is duly authorized and has legal capacity to execute and bind the respective Party to the terms and conditions of the SOW and this Agreement. Each Party represents and warrants to the other that the execution and delivery of the SOW and the performance of such Party’s obligations thereunder have been duly authorized and that this Agreement is a valid and legal agreement binding on such Party and enforceable in accordance with its terms. Customer represents and warrants that Customer has not provided any false information to gain access to the Service and that Customer’s billing information provided on the Contact Sheet is correct; and it has all necessary rights in the Customer Content to permit Customer’s use of the Service and to grant the licenses contained in this Agreement without infringing the intellectual property or other rights of any third parties, violating any applicable laws, or violating the terms of any license or agreement to which it is bound.

36. CivicPlus warrants that the Services will perform substantially in accordance with documentation and marketing proposals, and free of any material defect. CivicPlus warrants to the Customer that, upon notice given to CivicPlus of any defect in design or fault or improper workmanship, CivicPlus will remedy any such defect. CivicPlus makes no warranty regarding, and will have no responsibility for, any claim arising out of: (i) a modification of the Services made by anyone other than CivicPlus, even in a situation where CivicPlus approves of such modification in writing; or (ii) use of the Services in combination with a third-party service, web hosting service, or server not authorized by CivicPlus.

37. The Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by CivicPlus or by third-party providers, or because of other causes beyond CivicPlus's reasonable control, but CivicPlus shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. HOWEVER, SERVICE PROVIDER DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES.EXCEPT FOR THE EXPRESS WARRANTIES IN THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS AND CIVICPLUS HEREBY DISCLAIMS ALL

WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED

WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A PRIOR COURSE OF DEALING.

38. EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY,

DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY

CIVICPLUS TO CUSTOMER AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN 43 Section 5, Item F.
civicplus.com | 302 South 4th Street, Suite 500 | Manhattan, KS 66502 | 888-228-2233 THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT.

Force Majeure

39. No party shall have any liability to the other hereunder by reason of any delay or failure to perform any obligation or covenant if the delay or failure to perform is occasioned by force majeure, meaning any act of God, storm, pandemic, fire, casualty, unanticipated work stoppage, strike, lockout, labor dispute, civil disturbance, riot, war, national emergency, act of public enemy, internet service provider failure or delay, third party application failure, denial of service attack, or other cause of similar or dissimilar nature beyond its control.

Taxes

40. The amounts owed for the Services exclude, and Customer will be responsible for, all sales, use, excise, withholding and any other similar taxes, duties and charges of any kind imposed by any federal, state or local governmental entity in connection with the Services (excluding taxes based solely on CivicPlus’s income). If the Customer is tax-exempt, the Customer must provide CivicPlus proof of their tax-exempt status, within fifteen (15) days of contract signing, and the fees owed by Customer under this Agreement will not be taxed. If such exemption certificate is challenged or held invalid by a taxing authority then Customer agrees to pay for all resulting fines, penalties and expenses.

Other Documents

41. This Agreement, including all exhibits, amendments, and addenda hereto and all SOWs, constitutes the entire agreement between the Parties and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of this Agreement or any SOW will be effective unless in writing and signed by each Party. However, to the extent of any conflict or inconsistency between the provision in the body of this Agreement and any exhibit, amendment, or addenda hereto or any SOW, the terms of such exhibit, amendment, addenda or SOW will prevail. Notwithstanding any language to the contrary therein, no terms or conditions stated in a Customer purchase order or other order documentation (excluding SOWs) will be incorporated into or form any part of this Agreement, all such terms or conditions will be null and void, unless such term is to refer and agree to this Agreement.

Interlocal Purchasing Consent/ Cooperative Purchasing

42. With the prior approval of CivicPlus, which may be withheld for any or no reason within CivicPlus’s sole discretion, this Agreement and any SOW may be extended to any public entity in Customer’s home-state to purchase at the SOW prices and specifications in accordance with the terms stated herein.

43. To the extent permitted by law, the terms of this Agreement and set forth in one or more SOW(s) may be extended for use by other local government entities upon execution of a separate agreement, SOW, or other duly signed writing by and between CivicPlus and such entity, setting forth all of the terms and conditions for such use, including applicable fees and billing terms.
44 Section 5, Item F.
civicplus.com | 302 South 4th Street, Suite 500 | Manhattan, KS 66502 | 888-228-2233 Miscellaneous Provisions

44. The invalidity or unenforceability, in whole or in part, of any provision of this Agreement shall not void, affect the validity or enforceability of any other provision of this Agreement.

45. The Parties negotiated this Agreement with the opportunity to receive the aid of counsel and, accordingly, intend this Agreement to be construed fairly, according to its terms, in plain English, without constructive presumptions against the drafting Party. The headings of Sections of this Agreement are for convenience and are not to be used in interpreting this Agreement. As used in this Agreement, the word “including” means “including but not limited to.”

46. The Parties will use reasonable, good faith efforts to resolve any dispute between them in good faith prior to initiating legal action.

47. This Agreement and any SOW, to the extent signed and delivered by means of a facsimile machine or electronic mail, shall be treated in all manner and respects as an original agreement or instrument and shall be considered to have the same binding legal effect as if it were the original signed version thereof delivered in person. The Parties agree that an electronic signature is the legal equivalent of its manual signature on this Agreement and any SOW. The Parties agree that no certification authority or other third party verification is necessary to validate its electronic signature and that the lack of such certification of third party verification will not in any way affect the enforceability of the Parties’ electronic signature or any resulting agreement between CivicPlus and Customer.

48. Due to the rapidly changing nature of software as a service and digital communications, CivicPlus may unilaterally update this Agreement from time to time. In the event CivicPlus believes such change is a material alteration of the terms herein, CivicPlus will provide Customer with written notice describing such change via email or through its website.

Customer’s continued use of the Services following such updates constitutes Customer’s acceptance of the same. In the event Customer rejects the update to the terms herein, Customer must notify CivicPlus of its objection within ten (10) days receipt of notice of such update.
45 Section 5, Item F.

STAFF REPORT
MEETING DATE: August 12, 2026
PRESENTER: John Jansons, City Manager
SUBJECT: Third Amendment to Agreement with CSG Consultants, Inc. for Building and Safety Services (JAJ)
RECOMMENDATION: Council adopt resolution approving Amendment No. 3 to the Agreement with CSG Consultants, Inc for Building and Safety Services.

EXECUTIVE SUMMARY:

On March 25, 2020, City Council approved a professional services agreement with CSG Consulting, Inc. (Consultant) to provide building and safety services including certified Building Official, Building Inspector, and Plan Review services for the City. Amendments No. 1 and 2 were approved on November 10, 2021, and August 9, 2023. Council approved a first amendment to the agreement extending consultant services to June 30, 2023, including an adjustment to service rates.

City staff has been satisfied with the services delivered by the Consultant under the current Agreement. CSG staff works diligently in concurrence with City staff, City Engineer, Fire Marshal, and other County and State agencies to ensure public safety as it relates to construction activities within the City. Staff is recommending approval of an amendment to the Agreement with changes to the compensation and term of agreement necessary to meet the Department’s needs. This third amendment to the Agreement will consider the Consultant’s market rate adjustments necessary to provide the City with undisrupted building and safety services.

The Agreement will be subject to the terms listed below and as further defined in the third amendment to the Agreement attached as Exhibit ‘A’ of Attachment ‘A’.

1. Term. Three years ending on June 30, 2029, subject to any earlier termination in accordance with the Agreement.

2. Compensation. Per the fee schedule included in Exhibit ‘A’ to Attachment ‘A’.

Consultant will be entitled to a rate increase based on the change in the Consumer Proce Index for the region on July 1st of each year.

FISCAL IMPACT:

Building and safety services are accounted for in the annual City Budget. Building and safety services are largely driven by construction and development activities, which generate revenues collected as part of permit fees.

ATTACHMENTS:

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

Attachment ‘A’
RESOLUTION NO. 26-__
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN APPROVING AMENDMENT NO. 3 TO THE AGREEMENT WITH CSG CONSULTANTS, INC. FOR BUILDING AND SAFETY SERVICES WHEREAS, the City of Kerman requires professional support services; and WHEREAS, on March 25, 2020, the City of Kerman (City) entered into an agreement with CSG Consultants, Inc. (Consultant) for building and safety services; and WHEREAS, a First Amendment to the Agreement was approved and expired on June 30, 2023, yet, funds were allocated in the FY 23/24 City budget to continue the services provided by Consultant; and
WHEREAS, on August 9, 2023, the City Council approved a Second Amendment to continue CSG services through June 30, 2026, and
WHEREAS, City and Consultant now desire to further extend the term of the Agreement through June 30, 2029, and adopt new service rates.

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

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

SECTION 2. The Council approves Amendment No. 3 to the Agreement with CSG Consultants Inc. for Building and Safety Services and the updated Rate and Fee Schedule (Exhibit ‘A’), effective July 1, 2026.

SECTION 3. The City Manager or his/her designee is authorized to execute Amendment No. 3.

SECTION 4. This resolution is effective upon adoption.

The foregoing resolution was adopted by the City Council of the City of Kerman at a regularly scheduled meeting held on the 12th day of August 2026, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
47 Section 5, Item G.

The foregoing resolution is hereby approved.
__________________________
Maria Pacheco
Mayor
ATTEST:
____________________________
Dalia Santana-Zamudio
City Clerk
48 Section 5, Item G.

Exhibit ‘A’
AMENDMENT NO. 3 TO THE AGREEMENT BETWEEN THE CITY OF KERMAN AND CSG CONSULTANTS, INC. FOR BUILDING AND SAFETY SERVICES
This Third Amendment to Agreement with CSG Consultants, Inc. for Building and Safety Services is entered between the City of Kerman, a California municipal corporation, (hereinafter referred to as “CITY”) and CSG Consultants, Inc. (hereinafter referred to as “CONSULTANT”).

RECITALS
WHEREAS, the City of Kerman requires professional support services; and WHEREAS, on March 25, 2020, the City of Kerman (City) entered into an agreement with CSG Consultants, Inc. (Consultant) for building and safety services; and WHEREAS, a First Amendment to the Agreement was approved and expired on June 30, 2023, and
WHEREAS, a Second Amendment was approved on August 9, 2023, through June 30 2026, and
WHEREAS, City and Consultant now desire to extend the term of the Agreement through June 30, 2029, and adopt new service rates.

NOW, THEREFORE, the parties hereby agree as follows:

1. Section 2 titled “Term of Agreement” is amended to read as follows:

Term of Agreement. This Agreement shall be effective from July 1, 2026 to June 30, 2029, subject to any earlier termination in accordance with this Agreement.

2. Section 3 titled “Compensation” is amended to read as follows:

Compensation. Effective July 8, 2026, CONSULTANT’S sole compensation for satisfactory performance of all services required or rendered pursuant to this Agreement shall be at the rate and schedules attached hereto as Exhibit ‘A – 1’, referred to as “Third Amendment To Fee Schedule”, which includes flat rate, cost recovery, and hourly charges.

3. Except as amended by this Third Amendment, all other terms and conditions of the Agreement shall remain in full force and effect.
(Signatures on Following Page)
49 Section 5, Item G.

IN WITNESS HEREOF, the Parties have caused this Third Amendment to the Agreement to be executed by their duly authorized representatives as set forth below.

CITY OF KERMAN, A municipal corporation
_________________________________
John Jansons, City Manager
Date: _______________________, 2026
CSG CONSULTANTS, INC.
_________________________________
Cyrus Kianpour, President
Date: _______________________, 2026
ATTEST:
_________________________________
Dalia Santana-Zamudio, City Clerk
Date: _______________________, 2026
APPROVED AS TO FORM:
_________________________________
Hilda Cantú Montoy, City Attorney
Date: _______________________, 2026
50 Section 5, Item G.

Exhibit 'A'
Fee Schedule
Effective July 01, 2026
CSG Consultants’ fee schedule for proposed services is provided below.

PERSONNEL / REVIEW TYPE ALL INCLUSIVE FEE / HOURLY RATE Building Plan Review by Percentage
Full Building Plan Review by Percentage 65% of Agency’s Building Plan Check Fees Structural Only Plan Review by Percentage 50% of Agency’s Building Plan Check Fees Expedited Plan Review by Percentage 95% of Agency’s Building Plan Check Fees Minimum Plan Review Fee Per Project (See Exclusions) $250 Building Plan Review Hourly Rates (Minimum 1-Hour Per Submittal) Building Plan Review $143
Building Plan Review - Professional Engineer $180
Structural Only Plan Review $210
CASp Plan Review/Consultation $200
Expedited Plan Review (Hourly) 1.5 x Hourly Rate
Building Department Services
Permit Technician $85
Senior Permit Technician $95
CASp Inspection $200
Building Inspector $120
Senior Building Inspector $150
Building Official $198
Administration/Plan Processing $100

T E R M S
• Plan reviews based on a percentage of the agency’s plan check fees include the initial plan review and two subsequent reviews. Additional reviews, deferred submittals, revisions, and RFIs will be charged at the appropriate hourly rate. • The minimum plan review fee per project for percentage-based reviews excludes solar, energy storage system (ESS), and electric vehicle charging station (EVCS) reviews.
• RFIs for large developments will be performed at an hourly rate, and turnaround times will be agreed upon in advance with the agency.
• Depending on project size and scope, CSG’s percentage-based expedited plan review rate may be adjusted if mutually agreed upon between the agency and CSG.
• All hourly rates include overhead costs including but not limited to salaries, benefits, workers’ compensation insurance, local travel, and miscellaneous office expenses.
• Should the scope of work change or circumstances develop which necessitate special handling, CSG will notify the agency prior to proceeding.
• Overtime services and services provided outside of normal business hours will be billed at 1.5x the applicable hourly rate. • Hourly rates for publicly funded projects will be based on current prevailing wage rates. • On July 1st or anniversary of the contract start date, CSG will initiate a rate increase based on the change in CPI for the applicable region.
• CSG will mail/email an invoice every month for services rendered during the previous month. Unless otherwise agreed, 51 Section 5, Item G.
payment terms are 30 days from receipt of invoice.
• This fee proposal is valid for a period of 90 days from date of submittal. • If plans are not submitted electronically, CSG will coordinate the pickup and return of all plans to CSG via CSG staff or a licensed courier service.
• Administration/Plan Processing fees are incurred for specific additional services requested by the agency beyond the normally provided CSG administrative services which typically include coordinating the pick-up and return of plans; performing scanning, collating, and tracking; and providing plan review status updates to the agency. Cost for additional services will be negotiated based on the type of request with a minimum fee based on 0.5 hours of service per project. • Building Department Special Projects may include developing and establishing the following: building department workflows and relationships with other internal agency departments, building permit code requirements, inspector and permit technician responsibilities, criteria for over-the-counter plan review and out-to-plan check projects, transmittals and routing processes, Building Department handouts for different project types; and may include other duties as assigned by the agency.
• When requested, Building Grading Plan Review is limited to on-site general grading within the boundary of the proposed site and the disturbed area. The review is within the scope of the building permit and excludes any off-site reviews or analysis outside of the area covered by the building permit and the plan check submittal. Review will include compliance with CBC Appendix J (if the jurisdiction has adopted it), CBC Chapter 18, and applicable jurisdictional ordinances and requirements. If the agency requests a review beyond the requirements in CBC Chapter 18, Appendix J, and City Ordinances, fees will be charged according to CSG’s hourly rates for Land Development and Engineering services.. • For hourly projects only, performance of plan review services utilizing the agency’s adopted plan review software (e.g., ProjectDox or Bluebeam Studios) to, for example, markup plans with corrections and redlines and/or coordinate with other internal agencies, may involve additional time being added to the plan review time at the associated plan review rate.
52 Section 5, Item G.

STAFF REPORT
MEETING DATE: August 12, 2026
PRESENTER: Theresa Johnson, Community Services Director SUBJECT: Approval of Contract No. 27-0121 Title III C1 Congregate Nutrition Site Management with the Fresno- Madera Area Agency on Aging (TJ)
RECOMMENDATION: Council adopt a resolution approving Contract No. 27-0121 Title III C1 Congregate Nutrition Site Management with the Fresno-Madera Area Agency on Aging and authorizing the City Manager to execute the 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 annually, and the City must reapply each year for the funds. This grant is from the U.S. Department of Health and Human Services, passed through the grantor FMAAA, under the Older Americans Act Title III C1 Congregate Nutrition, Federal CDFA No. 93.045. This resolution serves as an update to reaffirm the annual execution of the FMAAA Nutrition Program contract.

The $25,500 FMAAA grant funds are used solely for in-center meals for seniors who most need a nutritious meal. The amount offsets the labor expenditures of the full-time Senior Services Coordinator, who manages the program daily, and helps cover nutrition site supplies and other related expenses. While this amount has fluctuated over the years, the funds continue to supplement operational costs, ensuring that senior residents of Kerman receive a nutritionally balanced meal.

FISCAL IMPACT:

Annual FMAAA funds are crucial for sustaining the nutrition program at the Kerman Senior Center. The grant funding helps to provide supplies and offset staffing expenses.

ATTACHMENTS:

A. FMAAA YR 26-27 Award Letter
B. Resolution w/Exhibit
53 Section 5, Item H.

Fresno-Madera Area Agency on Aging
Phone: (559) 214-0299 Toll-Free: (800) 510-2020 Email: [email protected] Web: www.fmaaa.org Address: 2520 W Shaw Lane, Suite 101A, Fresno, CA 93711 June 30, 2026
John Jansons, City Manager
City of Kerman
850 S. Madera Ave.

Kerman, CA 93630
City Manager Jansons,
The Fresno-Madera Area Agency on Aging’s Governing Board has approved an award of Older American Act (OAA) funds to the City of Kerman as follows:

Contract no: 27-0121, Title III C1 Congregate Nutrition Site Management:

Kerman Senior Center $25,500 Maximum expenditure
Please note, grant awards are contingent on sufficient funds made available from the State of California to the Agency on Aging and/or by the United States Government or the Budget Acts of the appropriate fiscal years for the purpose of these programs.

We will send the contract documents for completion and signature via DocuSign. Page i, Documents Required to Execute Contract, serves as a guide. All components will be provided electronically, and no physical copies are required. Exhibit B – Budget (Excel template) and Exhibit E – Program Narrative (Fillable PDF), included with this letter, are to be completed electronically and uploaded to DocuSign. DocuSign recipients were selected based on the 2026 Contract Contacts Update. Please contact [email protected] if signature permissions need to be changed.

Pending finalization of the Fiscal Year 2025–2026 Agreement, this letter serves as your authority to provide Title III C1 Congregate Nutrition Site Management under Contract No. 27-0121 effective July 1, 2026. This authorization remains in effect through August 31, 2026, or until the Agreement is fully executed, whichever occurs first.

The completed Agreement must be finalized and returned to FMAAA by Friday, August 14, 2026, forty-five (45) days from the date of this letter (Terms and Conditions Declaration, Article II. Agreement). If additional time is required (e.g., for governing board or city council approval), written notice must be provided to FMAAA prior to the expiration of the forty-five (45) day period.

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

Sincerely,
Hillaree Bennett
Program Director
[email protected]
Docusign Envelope ID: 127D5F88-4CEA-8219-83C6-650635A0F337 Attachment 'A' 54 Section 5, Item H.

Attachment ‘B’
RESOLUTION NO. 26-__

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN
APPROVING CONTRACT NO: 27-0121 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 a 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; 27-0121, 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 adopted by the City Council of the City of Kerman at a regular meeting held on the 12th day of August 2026, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
55 Section 5, Item H.

The foregoing resolution is hereby approved.
____________________________
Maria Pacheco
Mayor
ATTEST:
_____________________________
Dalia Santana-Zamudio
City Clerk
56 Section 5, Item H.

Kerman, CA 93630
City Manager Jansons,
The Fresno-Madera Area Agency on Aging’s Governing Board has approved an award of Older American Act (OAA) funds to the City of Kerman as follows:

Contract no: 27-0121, Title III C1 Congregate Nutrition Site Management:

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

Sincerely,
Hillaree Bennett
Program Director
[email protected]
Docusign Envelope ID: 127D5F88-4CEA-8219-83C6-650635A0F337 Docusign Envelope ID: F4DEB999-372A-88A3-8213-C3AAFAF9EC78 Exhibit 'A' 57 Section 5, Item H.

Documents Required to Execute Contract
Health Insurance Counseling and Advocacy Program
i FY 2026-2027
Documents Required To Execute Contract
FMAAA requires all contract documents to be completed and submitted electronically through DocuSign within forty-five (45) days of the contract’s Initial Letter date (Article II. Agreement). Providers must ensure all assigned sections and required signatures are properly completed as designated. Signature permissions are assigned based on the 2026 Contract Contacts Update. For questions, assistance, technical issues, or updates to signature permissions, please contact Miles Robinson at [email protected].

The following contract documents require signatures and/or typed entries via DocuSign. ☐ Page 2, Area Plan Grant Award Contract Signature Page • Must include signature of individual named in Exhibit E as having primary, hands-on involvement & oversight of day-to-day operations; and signature of individual authorized by governing board to execute the contract (see Appendix A). ☐ Appendix A, Resolution of Authorization to Contract
• Must contain the signature of the Chair of the service provider’s governing board. Appendix A is required and may be uploaded separately in DocuSign along with any additional board resolution documentation required by the provider’s governing board.
☐ Appendix B, Contractor Certification Clauses
• Must contain signature of individual authorized by governing board to execute the contract (see Appendix A). ☐ Appendix C, Information Integrity and Security Statement • Must contain the signature of the individual authorized by the governing board to execute the contract (see Appendix A).

Also check appropriate box under “Certify” at bottom of page 2 to indicate 128-bit Encryption compliance status. ☐ Appendix D, Method of Providing Audit Compliance
☐ Exhibit F, Service Provider Emergency Resource Information The following documents must be completed outside of DocuSign and then uploaded to DocuSign for submission. ☐ Appendix K, Request for Taxpayer Identification Number and Certification (W-9) • Part II, Certification, must contain signature of individual authorized by governing board to execute the contract (see Appendix A). Only page 1, signature page required (do not submit pages 2-6). ☐ Exhibit B, Budget
• Email Excel version to [email protected] and [email protected]; and attach to the Documents Upload Page at the end of the contact file.
☐ Exhibit E, Program Narrative
• Complete editable pdf version sent via email and attach to the Documents Upload Page at the end of the contact file.

Please attach the following to the Docusign Documents Upload Page at the end of the contract file. ☐ List of all proposed subcontractors for this Agreement (if any), • Following review of Agency on Aging contract, copy of proposed contract template to be used for subcontractors. ☐ Certificate(s) of Insurance
• Please review Article XV of Agreement prior to arranging for certificate to ensure all contractual requirements for insurance certificate are met and specific contract language included on certificate. ☐ IRS Determination Letter of Tax-Exempt Status
• Only if a non-governmental organization
☐ Organizational chart, including names and position titles for contracted program ☐ Job Description and Resume
• For the individual named on Exhibit E, page 5, who has primary, hands-on involvement and oversight of the day-to-day operations of the contracted program
☐ List of Governing Board members
☐ List of Advisory Council or Advisory Committee members (if applicable) ☐ Current documents (i.e. flyers, brochures) used to promote the contracted program ☐ CDA Privacy and Information Security Awareness Training Certificates Docusign Envelope ID: F4DEB999-372A-88A3-8213-C3AAFAF9EC78 58 Section 5, Item H.

Programs: Area Plan Programs
Contract Term: July 1, 2026 through June 30, 2027
Fresno-Madera Area Agency on Aging

CONTRACT SUMMARY OF CHANGES
Section Current Language in
Existing Contract New/Amended Language in New Contract
Reason for
Change
Article I.

Definitions
And
Resolutions of
Language
Conflicts,
Section X
“Subcontract” means any
form of legal agreement
between the Contractor and
the Subcontractor, including
an agreement that the
Contractor or Subcontractor
would consider to be a
contract, including vendor
type Agreements for
providing goods or services
under this Agreement.
“Subcontract” Any form of legal agreement between the
Contractor and the subcontractor, including an
agreement that the Contractor or subcontractor would
consider to be a contract, including vendor type
Agreements for providing goods or services for the
subcontractor to carry out part of a federal award
received by the Contractor under this Agreement. It does not include payments to a contractor or payments to an
individual that is a beneficiary of a federal program.

Clarification
Article V.

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

1. In 2011, Governor Jerry Brown issued an
executive memo that has banned state agencies
and departments from spending taxpayer money
on promotional items, which he named
“S.W.A.G”.

S.W.A.G. stands for “Stuff We All Get.” The
executive memo has not been overturned and is
still in effect; accordingly, all entities that receive state funds must adhere to the executive memo.

SPECIFIC EXAMPLES OF S.W.A.G.

In the executive memo, Governor Brown
named specific items that constitute S.W.A.G.,
which he defined as “free giveaway and gift
items,” including key chains, squeeze toys,
pens, hats, trinkets, shirts, cups, flashlights,
ashtrays, and other “unnecessary” items. This
Clarification
Docusign Envelope ID: F4DEB999-372A-88A3-8213-C3AAFAF9EC78 59 Section 5, Item H.

Programs: Area Plan Programs
Contract Term: July 1, 2026 through June 30, 2027
Fresno-Madera Area Agency on Aging

CONTRACT SUMMARY OF CHANGES
is not an exhaustive list.

Ultimately, there is no specific case law
defining SW.A.G.; each case is unique. AAAs
and their contractors must assess whether an
item is either S.W.A.G., or an allowable
expense. The decision to proceed with the
purchase at issue as an allowable expense
requires the AAA or contractor to maintain a
record and keep a written justification
regarding the purchase in its procurement file,
as discussed below.

2. KEEPING WRITTEN JUSTIFICATION FOR

PROCUREMENT
If the AAA or contractor determines that it is
moving forward with the purchase of a
promotional item, it should comply with the
procedures outlined in SCM Vol 2. Chapter 400,
section 401:

Promotional Materials-401
Prior to conducting a purchase for promotional
materials, written justification must be kept in
the procurement file supporting how the
purchase of promotional materials meets the
departmental mission and the AAA’s [or
contractor’s] business needs. Written
justifications should include a description of
Docusign Envelope ID: F4DEB999-372A-88A3-8213-C3AAFAF9EC78 60 Section 5, Item H.

Programs: Area Plan Programs
Contract Term: July 1, 2026 through June 30, 2027
Fresno-Madera Area Agency on Aging

CONTRACT SUMMARY OF CHANGES
the type of event(s) and how the promotional
material(s) will be used.
[See:https://www.dgs.ca.gov/PD/Resources/S
CM/TOC/2/2-8, All expenditures of public
funds must support the Department's function,
purpose, and benefit the state.]

3. FUNCTIONALITY AS AN ASSESSMENT
FACTOR
In conducting its analysis on whether a
promotional item constitutes S.W.A.G. or should
be deemed an allowable expense, the AAA or
contractor may consider:
• The functionality of the item,
• Whether the item is given to a targeted group
of people vs. to the general public,
• Whether the items are to be used for
promotional purposes in support of the
departmental mission and the AAA’s or
contractor’s business needs.

4. AAAs and their contractors should work with their
counsel to determine whether a promotional item
may constitute S.W.A.G. If the AAA or their
contractor deems the item an allowable expense,
this will trigger the requirement to maintain written
justification in its procurement files.

Article VII.

Budget and
New Modified Total Direct Cost (MTDC) means all direct
salaries and wages, applicable fringe benefits, materials Clarity in
definition of
Docusign Envelope ID: F4DEB999-372A-88A3-8213-C3AAFAF9EC78 61 Section 5, Item H.

Programs: Area Plan Programs
Contract Term: July 1, 2026 through June 30, 2027
Fresno-Madera Area Agency on Aging

CONTRACT SUMMARY OF CHANGES
Budget
Revisions ,
Section C,
Item 1
and supplies, services, travel, and up to the first $50,000 of each subaward (regardless of the period of
performance of the award). MTDC excludes in-kind
contributions, equipment, capital expenditures, charges for patient care, rental costs, tuition remission,
scholarships and fellowships, participant support costs and the portion of each award in excess of $50,000.

Other items may only be excluded when necessary to
avoid a serious inequity in the distribution of indirect costs, and with the approval of the cognizant agency for indirect costs. [45 CFR 75.2]
Modified
Total Direct
Cost
(MTDC)
Article VIII.

Payment,
Sections C, D,
and E
New C. The Agency on Aging shall process and approve
reported expenditures that are based upon actual, not
estimated expenditures. The Agency on Aging shall
notify the Contractor of any disputed expenditures.

D. The Contractor shall submit timely expenditures to the Agency on Aging. Late expenditures may lead to a delay
in payment until the following month.

E. Upon written request by the Agency on Aging, the
Contractor must submit additional documentation or
justification to support the reported expenditures.

Clarification
Article XIV.

Audit
Requirements,
Section C,
Item 1
Contractors that expend
$750,000 or more in federal
funds shall arrange for an
audit to be performed as
required by the Single Audit
Act of 1984, Public Law 98-
502; the Single Audit Act
Amendments of 1996, Public
Contractors that expend $1,000,000 or more in federal
funds shall arrange for an audit to be performed as
required by the Single Audit Act of 1984, Public Law 98- 502; the Single Audit Act Amendments of 1996, Public
Law 104-156; 2 CFR §200.501 to 200.521; and 45 CFR
§75.501 to 75.521. A copy shall be submitted to the
Agency on Aging’s physical address:

Clarification
Docusign Envelope ID: F4DEB999-372A-88A3-8213-C3AAFAF9EC78 62 Section 5, Item H.

Programs: Area Plan Programs
Contract Term: July 1, 2026 through June 30, 2027
Fresno-Madera Area Agency on Aging

CONTRACT SUMMARY OF CHANGES
Law 104-156; 2 CFR
§200.501 to 200.521; and 45
CFR §75.501 to 75.521. A
copy shall be submitted to the
Agency on Aging’s physical
address:

Article XIV.

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

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

Clarification
Article I.

Definitions
And
Resolutions
Of Language
Conflicts.

Section EE.

New “Wait List” means a list of individuals eligible for an OAA service, established and maintained by the service
provider, when the service provider has reached
capacity and is unable to provide the OAA service to all eligible individuals who request the service.

Clarification
Docusign Envelope ID: F4DEB999-372A-88A3-8213-C3AAFAF9EC78 63 Section 5, Item H.

Area Plan Grant Award ii FY 2026-2027
Table of Contents
Area Plan Grant Award
Table of Contents
Documents Required to Execute Contract ................................................................... i CONTRACT .................................................................................................................1 AREA PLAN GRANT AWARD TERMS AND CONDITIONS DECLARATION.........3 Article I. Definitions and Resolutions of Language Conflicts .....................3 Article II. Agreement...................................................................................6 Article III. Term of Agreement......................................................................6 Article IV. Reasonableness of Compensation..............................................7 Article V. Assurances..................................................................................7 Article VI. Funds ........................................................................................33 Article VII. Budget and Budget Revision .....................................................37 Article VIII. Payment ....................................................................................41 Article IX. Subcontracts .............................................................................42 Article X. Records and Reports.................................................................45 Article XI. Property.....................................................................................47 Article XII. Access.......................................................................................51 Article XIII. Monitoring and Evaluation .........................................................51 Article XIV. Audit Requirements...................................................................52 Article XV. Insurance...................................................................................58 Article XVI. Donations ..................................................................................60 Article XVII. Termination ...............................................................................61 Article XVIII. Remedies and Appeal Process .................................................64 Article XIX. Amendments, Revisions or Modifications..................................64 Article XX. Notices ......................................................................................65 Docusign Envelope ID: F4DEB999-372A-88A3-8213-C3AAFAF9EC78 64 Section 5, Item H.

Area Plan Grant Award iii FY 2026-2027
Table of Contents
Area Plan Grant Award
Table of Contents (Continued)

APPENDICES
Resolution of Authorization to Contract ......................................................Appendix A Contractor Certification Clauses..................................................................Appendix B Information Integrity and Security Statement ............................................. Appendix C Method of Providing Audit Compliance ...................................................... Appendix D Required Reports and Due Dates ...............................................................Appendix E Sanction Policy............................................................................................Appendix F Appeal Procedure for Service Providers .................................................... Appendix G Fresno-Madera Area Agency on Aging Contact List for Service Providers .....Appendix H Fresno-Madera Area Agency on Aging Emergency Contact Information..........Appendix I Community Focal Points List....................................................................... Appendix J Request for Taxpayer Identification Number and Certification ....................Appendix K

EXHIBITS
Program Exhibit...............................................................................................Exhibit A Budget ............................................................................................................Exhibit B Annual Summary of Activities..........................................................................Exhibit C Program Cost Efficiency..................................................................................Exhibit D Program Narrative...........................................................................................Exhibit E Service Provider Emergency Resource Information........................................Exhibit F

ADDITIONAL DOCUMENTS
CDA Privacy and Information Security Awareness Training Requirement ....................

DocuSign Documents Upload Page .............................................................................

Docusign Envelope ID: F4DEB999-372A-88A3-8213-C3AAFAF9EC78 65 Section 5, Item H.

Area Plan Grant Award Contract 1 FY 2026-2027

CONTRACT BETWEEN CITY OF
KERMAN

AS SERVICE PROVIDER AND

FRESNO-MADERA AREA AGENCY ON AGING (HEREINAFTER

REFERRED TO AS AGENCY ON AGING)
2520 WEST SHAW LANE, SUITE 101A, FRESNO, CA 97311
MAILING ADDRESS: 2037 WEST BULLARD AVENUE, #512, FRESNO, CA 93711 A. Name and principal address of service contractor (hereinafter referred to as service provider):

City of Kerman 720
South 8th Street
Kerman, CA 93630
B. The starting date of this Agreement shall not precede the date the Agreement is signed by both parties hereto. The term of this Agreement is from July 1, 2026 to June 30, 2027, subject, however, to earlier termination as provided herein.

C. No expenditure or obligation for the funding allocation for the July 1, 2026 through June 30, 2027 period may be incurred after June 30, 2027.

D. Maximum funds available forthe following program, contingent upon sufficient funds made available from the State of California to the Agency on Aging and/or by the U.S. Government or the Budget Acts of the appropriate fiscal years for the purposes of this program:

Approved by Fresno-Madera Area Agency on Aging Governing Board on May 13, 2026.

Federal Granter: U.S. Department of Health and Human Services Pass Through Granter: Fresno-Madera Area Agency on Aging Older Americans Act Title: Title Ill C1 Congregate Nutrition, Federal CFDA No. 93.045 Contract No.: 27-0121 IService: I Site Management
Site: 12-Month Funding Cycle Contract Period Grant Amount Kerman Senior Center July, 1 2026 to June 30, 2027 $25,500 Maximum Expenditure 1st Qtr. Maximum $5,100
E. This document together with any attached program exhibits, assurances, budgets, and narratives is a firm agreement to provide services for older Americans in Fresno and/or Madera counties (including cities contained therein) as specified in a manner consistent with the intent of, and regulations applicable to,service programs under Title Ill/VII of the Older Americans Act as amended.

F. The provisions of the Area Plan Grant Award Terms and Conditions Declaration {Articles I through XX) attached thereto, plus all enclosures listed, herein, constitute a part of this contract.

Docusign Envelope ID: F4DEB999-372A-88A3-8213-C3AAFAF9EC78 66 Section 5, Item H.

Area Plan Grant Award Contract 2 FY 2026-2027
FOR SERVICE PROVIDER:

Signature of individual named in Exhibit E, as having primary, hands-on involvement and oversight of the day-to-day
operations of the contracted program.

Date
Type Name Title
Signature of Authorized Contracting Official
(Refer to Appendix A)
Date
Type Name Title
Contractor Federal Employer I.D. Number: Contractor Unique Entity ID:

FOR FRESNO-MADERA AREA AGENCY ON AGING:

Signature Date
Jamie Sharma Executive Director
Type Name Title
Docusign Envelope ID: F4DEB999-372A-88A3-8213-C3AAFAF9EC78 John Jansons City Manager
6/30/2026
Theresa Johnson
94-60000351
Community Services Director
NA
67 Section 5, Item H.

Area Plan Grant Award 3 FY 2026-2027
Terms and Conditions Declaration

FRESNO-MADERA AREA AGENCY ON AGING

AREA PLAN GRANT AWARD

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

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

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

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

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

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

I. “CFR” means Code of Federal Regulations.

Docusign Envelope ID: F4DEB999-372A-88A3-8213-C3AAFAF9EC78 68 Section 5, Item H.

Area Plan Grant Award 4 FY 2026-2027
Terms and Conditions Declaration
J.

O.
“Disallowed costs” means those charges determined to be unallowable, in accordance with the applicable Federal statutes, regulations, or the terms and conditions of the Federal award. (2 CFR 200.31 and 45 CFR 75.2) HHS: Means United States Department of Health and Human Services OAA: Means Older Americans Act
OCA: means Welfare and Institutions Code §9541 of the Mello-Granlund Older Californians Act
OMB: Means Federal Office of Management and Budget
P. “In-Kind Contributions” means the value of non-cash contributions donated to support the project or program (e.g. property, service, etc.).

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

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

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

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

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

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

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

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

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

Docusign Envelope ID: F4DEB999-372A-88A3-8213-C3AAFAF9EC78 69 Section 5, Item H.

Area Plan Grant Award 5 FY 2026-2027
Terms and Conditions Declaration
V. “Reimbursable item” also means “allowable cost” and “compensable item.” W. “State” and “Department” means the State of California and the California Department of Aging (CDA) interchangeably.

X. “Subcontract” Any form of legal agreement between the Contractor and the subcontractor, including an agreement that the Contractor or subcontractor would consider to be a contract, including vendor type Agreements for providing goods or services for the subcontractor to carry out part of a federal award received by the Contractor under this Agreement. It does not include payments to a contractor or payments to an individual that is a beneficiary of a federal program.

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

Z. “USC” means United States Code.

AA. “Vendor” means an entity selling goods or services to the Contractor or Subcontractor during the Contractor or Subcontractor’s performance of this Agreement.

BB. “W&I” means California Welfare and Institutions Code.

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

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

1. 2.

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

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

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

5. 6.

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

Any other documents incorporated herein by reference, including, if applicable, the federal Health and Human Services (HHS) terms and conditions found in Part II of the HHS Grant Policy Statement. The HHS Grant Policy Statement is Docusign Envelope ID: F4DEB999-372A-88A3-8213-C3AAFAF9EC78 70 Section 5, Item H.

Area Plan Grant Award 6 FY 2026-2027
Terms and Conditions Declaration
available under the HHS Policy Requirements Topic at:
https://www.hhs.gov/grants.grants.grants-policies-regulations/index/html EE. “Wait List” means a list of individuals eligible for an OAA service, established and maintained by the service provider, when the service provider has reached capacity and is unable to provide the OAA service to all eligible individuals who request the service.

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

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

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

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

B. The term of this Agreement is from July 1, 2026, through June 30, 2027, at which time the Agreement expires, subject however, to earlier termination or cancellation as herein provided. Contract awards are limited to a one-year period; however, at the discretion of the Agency on Aging, contracts may be renegotiated up to a maximum of three additional one-year periods subject to annual renegotiation and availability of federal, State, and local funding. Renegotiation shall consider service provider expenditures, service units, and cost standards during renegotiation.

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

Docusign Envelope ID: F4DEB999-372A-88A3-8213-C3AAFAF9EC78 71 Section 5, Item H.

Area Plan Grant Award 7 FY 2026-2027
Terms and Conditions Declaration
ARTICLE IV. REASONABLENESS OF COMPENSATION
Compensation for work or services performed under this Agreement shall be reasonable and based on an analysis of job requirements and comparability with similar work or services in the local labor market.

ARTICLE V. ASSURANCES
A. Agreement Authorization

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

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

B. Administration

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

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

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

Docusign Envelope ID: F4DEB999-372A-88A3-8213-C3AAFAF9EC78 72 Section 5, Item H.

Area Plan Grant Award 8 FY 2026-2027
Terms and Conditions Declaration

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

5. The Contractor, and the agents and employees of the Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State or the Agency on Aging.

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

C. Debarment, Suspension, and Other Responsibility Matters

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

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

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3. The Contractor agrees to timely execute any and all amendments to this Agreement or other required documentation relating to the Subcontractor’s debarment/suspension status.

4. The Contractor shall notify the Agency on Aging immediately of any intention to discontinue existence of the entity or to bring an action for dissolution.

D. Law, Policy and Procedure, Licenses, and Certificates

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

2. The Contractor shall ensure compliance with the following federal regulations:
a. Clean Air Act, as amended. (42 USC § 7401)
b. Federal Water Pollution Control Act, as amended. (33 USC § 1251et seq.)
c. Environmental Protection Agency Regulations (40 CFR 29) (Executive Order 11738)
E. Provision of Services, Staffing, and Standards of Work

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

2. The Contractor shall make every effort to meet the goals and objectives stipulated in this Agreement. Performance shall not be unilaterally reduced or otherwise changed without prior consultation with, and written approval of, the Agency on Aging. A service unit reduction that impacts the Agency’s ability to provide service levels defined in its Area Plan or Area Plan Update service unit objectives requires:
a. Written approval from the California Department of Aging to the Agency on Aging if such reduction is greater than ten percent (10%).

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b. An Amendment to the Agency on Aging’s Area Plan if such reduction is greater than twenty percent (20%), including a public hearing; approval by the Agency’s Governing Board and Advisory Council chairpersons and the Agency’s Executive Director; and approval by the California Department of Aging. [22 CCR §7306(a)]

3. The Contractor agrees that the performance of work and services pursuant to the requirements of this Agreement shall conform to accepted professional standards.

4. The Contractor shall maintain adequate staff to meet the Contractor’s obligations under this Agreement.

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

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

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

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

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

3. California Civil Rights Laws (Public Contract Code §2010) Docusign Envelope ID: F4DEB999-372A-88A3-8213-C3AAFAF9EC78 75 Section 5, Item H.

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

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

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

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

H. Information Confidentiality and Security:

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

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

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2. Definitions
a. Breach:
i. The unauthorized acquisition, access, use or disclosure of California Department of Aging and the Agency on Aging PSCI in a manner in which compromises the security, confidentiality, or integrity of the information; or
ii. The same definition of “breach of the security system” set forth in California Civil Code section 1798.29 subdivision (f): or iii. The same as the definition of “breach” set forth in the Health Insurance Portability and Accountability Act Privacy Rule, 45 Code of Federal Regulations 164.402.
b. Confidential Information: Information that is exempt from disclosure under the provisions of the California Public Records Act (Government Code section 7920.000 Et seq.).
c. Disclosure: the release, transfer, provision of, access to, or divulging in any manner of information outside the entity holding the information
d. PSCI: “personal information”, “sensitive information”, and “confidential information” (as these terms are defined herein)/. e. Personal Information: Information that identifies or describes an individual, including, but not limited to, their name, social security number, physical description, home address, home telephone number, education, financial matters, and medical or employment history. It is CDA’s policy to consider all information about individuals private unless such information is determined to be a public record. Personal Information also includes the following:
i. Notice-Triggering Personal Information: Specific items of personal information (name plus Social Security number, driver license/California identification card number, or financial account number) that may trigger a requirement to notify individuals if it is acquired by an unauthorized person. For purposes of this provision, identity shall include, but not be limited to name, identifying number, symbol, or other identifying information assigned to the individual, such as finger or voice print or a photograph. See Civil Code section 1798.29.

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ii. Protected Health Information (PHI): The term “PHI” refers to and includes both “PHI” as defined at 45 CFR section 160.103 and Personal Information (PI) as defined in the Information Practices Act at California Civil Code section 1798.3(a). PHI includes information in any form, including paper, oral, and electronic.
f. Public Information: Information that is not exempt from disclosure under the provisions of the California Public Records Act (Government Code sections 7920.000 Et seq.).
g. Security Incident:
i. A breach or attempted breach; or
ii. The attempted or successful unauthorized access, disclosure, modification, or destruction of Agency on Aging or CDA PSCI, in violation of any state or federal low or in a manner not permitted under this agreement; or
iii. The attempted or successful modification or destruction of, or interference with, the contractor’s system operations in an information technology system, that negatively impacts the confidentiality, availability, or integrity of Agency on Aging PSCI; or
iv. Any event that is reasonably believed to have compromised the confidentiality, integrity, or availability of an information asset, system, process, data storage, or transmission. Furthermore, an information security incident may also include an event that constitutes a violation or imminent threat of violation of information security policies or procedures, including
acceptable use policies.
h. Sensitive Information: Information that requires special precautions to protect from unauthorized use, access, disclosure, modification, loss, or deletion. Sensitive Information may be either Public Information or Confidential Information. It is information that requires a higher-than-normal assurance of accuracy and completeness. Thus, the key factor for Sensitive Information is that of integrity. Typically, Sensitive Information includes records of agency financial transactions and regulatory actions.

3. Disclosure Restrictions
The contractor shall protect Agency on Aging PSCI from unauthorized disclosure. The contractor shall not disclose, except as otherwise specifically permitted by this agreement, any Agency on Aging PSCI to Docusign Envelope ID: F4DEB999-372A-88A3-8213-C3AAFAF9EC78 78 Section 5, Item H.

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anyone other than Agency on Aging personnel or programs without prior written authorization from the Agency on Aging or the California Department of Aging.
a. The contractor and the Agency on Aging mutually agree that the creation, receipt, maintenance, transmittal, and disclosure of data from the Agency on Aging containing Personal Health Information (PHI) shall be subject to the Health Insurance Portability and Accountability Act of 1996 and its implementing privacy and security regulations at 45 CFR Parts 160 and 164 (collectively and as used in this agreement, HIPPA). The contractor agrees to provide the same, or greater, level of protection to Agency on Aging data that would be required if the contractor were a Business Associate under HIPPA, regardless of whether the contractor is or is not a Business Associate.
b. To the extent that other state and/or federal laws provide additional, stricter and/or more protective (collectively, more protective) privacy and/or security protections to Agency on Aging PSCI covered under this agreement beyond those provided through HIPPA, the contractor agrees:
i. To comply with the more protective of the privacy and security standards set forth in applicable state or federal laws to the extent such standards provide a greater degree of protection and security than HIPPA or are otherwise more favorable to the individuals whose information is concerned; and
ii. To treat any violation of such additional and/or more protective standards as a breach or security incident, as appropriate. iii. Examples of laws that provide additional and/or stricter privacy protections to certain types of Agency on Aging PSCI as defined above in Section H definitions of this agreement, include but are not limited to the Information Practices Act, California Civil Code sections 1798-1798.78, Confidentiality of Alcohol and Drug Abuse Patient Records, 42 CFR Part 2, Welfare and Institutions Code Section 5328, and California Health and Safety Code section 11845.5.
iv. If the Contractor is a Qualified Service Organization (QCS) as defined in 42 CFR section 2.11, the contractor agrees to be bound by and comply with subdivisions (2)(i) and (2) (ii) of that section.

4. Use Restrictions
The contractor shall not use any Agency on Aging or California Docusign Envelope ID: F4DEB999-372A-88A3-8213-C3AAFAF9EC78 79 Section 5, Item H.

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Department of Aging PSCI for any purpose other than performing the contractor’s obligations under this agreement.

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

The Contractor shall, at a minimum, utilize a National Institute of Standards and Technology Special Publication (NIST SP) 800-53 compliant security framework when selecting and implementing its security controls and shall maintain continuous compliance with NIST SP 800-53 as it may be updated from time to time. The current version of NIST SP 800-53, Revision 5, is available online at https://csrc.nist.gov/pubs/sp/800/53/r5/upd1/final; updates will be available online at https://csrc.nist.gov/publications/sp800. b. Removeable Media Devices
All electronic files that contain Agency on Aging PSCI data must be encrypted when stored on any removeable media or portable device (i.e., USB thumb drives, floppies, CD/DVD, smart devices, tapes, etc.). PSCI must be encrypted, at a minimum, using FIPS 140-2 certified algorithm or successor standards, such as Advanced Encryption Standard (AES), with a 128bit key or higher. c. Patch Management
The Contractor shall apply security patches and upgrades and keep virus software up to date on all systems which PHI and other confidential information may be used.
d. Transmission and Storage of PSCI:

All persons that will be working with Agency on Aging PSCI shall employ with FIPS 140-3 compliant encryption of PHI, at rest and in motion, unless it has been determined that such encryption is Docusign Envelope ID: F4DEB999-372A-88A3-8213-C3AAFAF9EC78 80 Section 5, Item H.

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unreasonable and inappropriate based upon a risk assessment and equivalent alternative measures are in place and documented as such
e. Minimum Necessary:

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

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

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

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

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

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

The Contractor shall mitigate, to the extent practicable, any harmful Docusign Envelope ID: F4DEB999-372A-88A3-8213-C3AAFAF9EC78 81 Section 5, Item H.

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effect that is known to the contractor of a use or disclosure of PSCI and other confidential information in violation of the requirements of this Agreement.
k. Access to, and Accounting For, Disclosure of PSCI:

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

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

7. Employee Discipline:

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

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

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

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10. Breaches and Security Incidents
The contractor shall implement reasonable systems for the discovery and prompt reporting of any breach or security incident, and take the following steps:
a. Notice to the Agency on Aging
The Contractor shall notify the Agency on Aging immediately by email or telephone of the discovery of:
i. Unsecured Agency on Aging PSCI if the Agency on Aging PSCI is reasonably believed to have been accessed or acquired by an unauthorized person.
ii. Any suspected security incident which risks unauthorized access to Agency on Aging PSCI and/or other confidential information. iii. Any intrusion or unauthorized access, use, or disclosure of Agency on Aging PSCI in violation of this agreement: or iv. Potential loss of confidential data affecting this agreement v. Notice via email shall be made using the current CDA 1025 “Information Security Incident Report: form and shall include all information known at the time the incident is reported. The forms are available online at: https://aging.ca.gov/Information_security/ vi. Upon discovery of a breach or suspected security incident, intrusion, or unauthorized access, use or disclosure of Agency on Aging PSCI, the Contractor shall:
a. Prompt corrective action to mitigate any risks or damages involved with the security incident or breach: and
b. Any action pertaining to such unauthorized disclosure is required by applicable Federal and State Laws and
regulations.
b. Investigation of Security Incident Breach
The contractor shall immediately investigate such security incident, breach, or unauthorized use or disclosure of Agency on Aging PSCI. c. Complete Report
The contractor shall provide a complete report of the investigation to Agency on Aging within (10) working days of the discovery of the Docusign Envelope ID: F4DEB999-372A-88A3-8213-C3AAFAF9EC78 83 Section 5, Item H.

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breach or unauthorized use or disclosure. The complete report must include an assessment of all known factors relevant to a determination of whether a breach occurred under applicable federal and state laws. The report shall include a full, detailed corrective action plan including information on measures that were taken to halt and/or contain improper use or disclosure. If the Agency on Aging requests information in addition to this report, the contractor shall make reasonable efforts to provide the Agency on Aging with such information. Agency on Aging will review and approve or disapprove the contractor’s determination of whether a breach occurred, whether the security incident or breach is reportable to the appropriate entities, if individual notifications are required, and the contractor’s corrective action plan.
i. If the Contractor does not submit a complete report within the ten (10) working day time frame, the contractor shall request approval from the Agency on Aging within the ten (10) working timeframe for the complete report.
d. Notification of Individuals
If the cause of a breach is attributable to the contractor or its agents, the contractor shall notify individuals accordingly and shall pay all costs of such notifications as well as any costs associated with the breach. The notifications shall comply with applicable federal and state law. The Agency on Aging shall approve the time, manner, and content of any such notifications and their review and approval must be obtained before the notifications are made.
e. Responsibility for Reporting Breaches to Entities other than the Agency on Aging
If the cause of a breach of Agency on Aging PSCI is attributable to the contractor or its subcontractors, the contractor is responsible for all required reporting of the breach as required by applicable federal and state law.
f. Submission of Sample Notification to Attorney General:

If notification to more than 500 individuals is required pursuant to California Civil Code section 1798.29, regardless of whether the contractor is considered only a custodian and/or non-owner of the Agency on Aging PSCI, the contractor shall, at its sole expense and at the sole election of the Agency on Aging, either:
i. Electronically submit a single sample copy of the security breach notification, excluding any personally identifiable information, to Docusign Envelope ID: F4DEB999-372A-88A3-8213-C3AAFAF9EC78 84 Section 5, Item H.

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the Attorney General pursuant to the format, content, and timeliness provisions of Section 1798.29, subdivision (e). The contractor shall inform the Agency on Aging Privacy Officer:

Hillaree Bennett, of the time, manner, and content of any such submissions prior to the transmission of such submissions to the Attorney General; or
ii. Cooperate with and assist the Agency on Aging in is submission of a sample copy of the notification to the Attorney General.

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

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

Fresno-Madera Area Agency on Aging
2520 W. Shaw Ln. #101 A
Fresno, CA 93711
Attn: Program Director, Hillaree Bennett
Email: [email protected]
Telephone: 559-319-0863
Fresno-Madera Area Agency on Aging
2520 W. Shaw Ln. #101 A
Fresno, CA 93711
Attn: Executive Director, Jamie Sharma
Email: [email protected]
Telephone: 559-214-0299 ext. 500

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

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

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b. Notification to Agency on Aging in Event the Contractor is Subject to Other Audit:

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

15. Miscellaneous Provisions
a. Disclaimer:

Agency on Aging makes no warranty or representation that compliance by the contractor with this agreement will satisfy the contractor’s business needs or compliance obligations. The contractor is solely responsible for all decisions made by the contractor regarding the safeguarding of Agency on Aging PSCI and other confidential information
b. Amendment:
i. Any provision of this agreement which conflicts with current or future applicable federal or state laws is hereby amended to conform to the provisions of those laws. Such amendment of this agreement hall be effective on the effective date of the laws necessitating it and shall be binding on the parties even though such amendment may not have been reduced to writing and formally agreed upon and executed by the parties.
ii. Failure by the contractor to take necessary actions required by amendments to this agreement shall constitute a material violation
c. Assistance in Litigation or Administrative Proceedings The contractor shall make itself, its employees, and agents available to the Agency on Aging at no cost to Agency on Aging to testify as witnesses in the event of litigation or administrative proceedings being commenced against Agency on Aging, its director, officers, or employees based upon claimed violation of laws relating to security and privacy, and which involves inactions or actions by the contractor (except where the contractor or its subcontractor, workforce employee, or agent is a named adverse party). d. No Third-Party Beneficiaries
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Nothing in this agreement is intended to or shall confer upon any third person, any rights, or remedies whatsoever.
e. Interpretation
The terms and conditions in this agreement shall be interpreted as broadly as necessary to implement and comply with regulations and applicable laws. The parties agree that any ambiguity in the terms and conditions of this agreement shall be resolved in favor of a meaning that complies and is consistent with federal and state laws and regulations.
f. No Waiver of Obligations
No change, waiver, or discharge of any liability or obligation hereunder on any one or more occasions shall be deemed a waiver of performance of any continuing or other obligation or shall prohibit enforcement of any obligation on any other occasion.
g. Return or Destruction of Agency on Aging PSCI on Expiration or Termination
At expiration or termination of the contract, if feasible, the contractor shall return or destroy all Agency on Aging PSCI that the contractor still maintains in any form and retain no copies of such information. If return or destruction is not feasible, Agency on Aging and the contractor shall determine the terms and conditions under which the contractor may retain the PSCI.
h. Data Sanitization
All Agency on Aging PSCI must be sanitized using NIST Special Publication 800-88 standard methods for data sanitization when the Agency on Aging PSCI is no longer needed.
i. Survival
If return or destruction of Agency on Aging PSCI is not feasible upon the completion or termination of the contract, the respective rights, and obligations of the contractor under this Section shall survive the completion or termination of the contract between the contractor and the Agency on Aging. The contractor shall also limit further uses and disclosures of Agency on Aging PSCI to those purposes that make the return or destruction of the information infeasible.

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I. Copyrights

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

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

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

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

J. Rights in Data

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

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

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

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

K. Public Education and Information
(Please note: This differs from the IIIB service categories within the data dictionary that have the same names)
Public Education and Information (PE&I) falls into two categories:

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

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

The Contractor shall assure that publications, press releases, paid and earned advertisements, outreach and media, media and kick-off events, educational materials and public notice conditions are met by ensuring that:

Materials published or transferred by the Contractor and financed with funds under this agreement shall include the following funding disclaimer:
“The materials or product were a result of a project funded by a contract with the California Department of Aging”.

Contractors and subcontractors that produce educational materials that mention the CDA name (outside of the funding disclaimer) or use the CDA logo must receive approval from the CDA Office of Communications prior to production. Subrecipients that produce PE&I materials must receive written approval from the CDA Office of Communications if the CDA is mentioned anywhere other than within the funding disclaimer, or if the CDA logo is used. Subrecipients should allow a minimum of ten (10) business days for approval; they should contact the CDA Office of Communications for assistance ([email protected]).

Contractors should also advise vendors that all materials used in the production of public outreach materials paid for with grant funds are the property of the Contractor, AAA, and the CDA (i.e., data, plates, digital files, camera-ready artwork, designs, concepts, photographs, video and Docusign Envelope ID: F4DEB999-372A-88A3-8213-C3AAFAF9EC78 89 Section 5, Item H.

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audio). The Agency on Aging reserves the right to use materials developed by the Contractor, and/or subcontractor.

Questions regarding the inclusion, size or placement of the CDA logo should be directed to the CDA Office of Communications.

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

L. S.W.A.G Ban

1. In 2011, Governor Jerry Brown issued an executive memo that has banned state agencies and departments from spending taxpayer money on promotional items, which he named “S.W.A.G”.

S.W.A.G. stands for “Stuff We All Get.” The executive memo has not been overturned and is still in effect; accordingly, all entities that receive state funds must adhere to the executive memo.

SPECIFIC EXAMPLES OF S.W.A.G.

In the executive memo, Governor Brown named specific items that constitute S.W.A.G., which he defined as “free giveaway and gift items,” including key chains, squeeze toys, pens, hats, trinkets, shirts, cups, flashlights, ashtrays, and other “unnecessary” items. This is not an exhaustive list.

Ultimately, there is no specific case law defining SW.A.G.; each case is unique. AAAs and their contractors must assess whether an item is either S.W.A.G., or an allowable expense. The decision to proceed with the purchase at issue as an allowable expense requires the AAA or contractor to maintain a record and keep a written justification regarding the purchase in its procurement file, as discussed below.

2. KEEPING WRITTEN JUSTIFICATION FOR PROCUREMENT
If the AAA or contractor determines that it is moving forward with the purchase of a promotional item, it should comply with the procedures outlined in SCM Vol 2. Chapter 400, section 401:

Promotional Materials-401
Prior to conducting a purchase for promotional materials, written justification must be kept in the procurement file supporting how the purchase of promotional materials meets the departmental mission and the AAA’s [or contractor’s] business needs. Written justifications should include a description of the type of event(s) and how the promotional material(s) will be used.

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[See: https://www.dgs.ca.gov/PD/Resources/SCM/TOC/2/2-8, All expenditures of public funds must support the Department's function, purpose, and benefit the state.]

3. FUNCTIONALITY AS AN ASSESSMENT FACTOR
In conducting its analysis on whether a promotional item constitutes S.W.A.G. or should be deemed an allowable expense, the AAA or contractor may consider:
• The functionality of the item,
• Whether the item is given to a targeted group of people vs. to the general public,
• Whether the items are to be used for promotional purposes in support of the departmental mission and the AAA’s or
contractor’s business needs.

4. AAAs and their contractors should work with their counsel to determine whether a promotional item may constitute S.W.A.G. If the AAA or their contractor deems the item an allowable expense, this will trigger the requirement to maintain written justification in its procurement files.

M. Advertising and Public Relations
The contractor shall assure that publications, press releases, paid and earned advertisements, outreach and media, media and kick-off events, educational materials and public notice conditions are met by ensuring that:

Materials published or transferred by the contractor and financed with funds under this agreement shall include the following funding disclaimer:
“The materials or product were a result of a project funded by a contract with the California Department of Aging”.

Any materials that utilize the CDA logo or name (outside of the funding disclaimer), require approval by the CDA Office of Communications prior to publication and dissemination. The use of CDA logo and CDA mention outside of the funding disclaimer is at the discretion of the contractor. If the CDA logo or CDA mention is used, the contractor shall email the draft language and materials a minimum of ten (10) business days in advance of publication and dissemination to [email protected] and the appropriate CDA Program staff point of contact.

Language and materials submitted will be assessed in batches on the first and fifteenth of each month, with a minimum of ten (10) business days approval Docusign Envelope ID: F4DEB999-372A-88A3-8213-C3AAFAF9EC78 91 Section 5, Item H.

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period.

N. Approval Requirements for Advertising and Public Relations This section further clarifies the approval requirements as outlined in ARTICLE V.K and V.M.

Approval Required:

Materials that use the CDA logo, including:
• Paid advertising
• Earned advertising
• Outreach materials
• Educational materials
• Media events
• Public notices
No Approval Required:
• Materials that only mention CDA in the funding disclaimer “The materials were funding by a contract with the California Department of Aging.” Without using the CDA logo.
• Materials that do not mention the CDA name or use the CDA logo.

Social Media Posts
Approval Required:
• Social media posts that mention the CDA name or use the CDA logo.

No Approval Required:
• Social media posts that do not mention the CDA name or use the CDA logo, even if CDA funds are involved.
• Tagging @calaging on X, Facebook, or LinkedIn is optional but encouraged to keep CDA informed about your organization’s activities.

Specific Scenarios and Examples
• Paid advertisement in local newspaper - No approval is needed if the promotion includes the funding disclaimer without the CDA logo or mentioning CDA.
• Public Notices - No approval is needed for public notices about Area Plan updates or RFPs that use template language but do not use CDA logo.
• Examples of materials requiring approval: Press releases, brochures, websites, flyers, invitations, presentations, and reports that mention the CDA name beyond the funding disclaimer language or use the CDA logo with or without other logos.

Submission Process
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Submit language and materials needing approval to
[email protected].
• Review timeline: Typically, within ten (10) business days • Review dates: First and fifteenth of each month
• Urgent requests: Notify Office of Communications if expedited approval is needed.

Questions
• For questions about approval requirements email
[email protected].

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

1. The copyright/trademark in any work developed under a grant, sub grant or contract under a grant or sub grant.

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

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

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

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

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

Q. Conflict of Interest

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

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

R. Covenant Against Contingent Fees

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

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

S. Facility Construction or Repair

1. This section applies only to Title III funds and not to other funds allocated to other Titles under the Older Americans Act.

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

T. Grievance Process

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

2. The Contractor shall notify older individuals of the grievance process available to them by:
a. Posting notification of the process in visible and accessible areas, such as the bulletin boards in multipurpose senior centers. For areas Docusign Envelope ID: F4DEB999-372A-88A3-8213-C3AAFAF9EC78 95 Section 5, Item H.

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in which a substantial number of older individuals are non-English speaking, the notification shall also be posted in the primary language of a significant number of older individuals.
b. Advising homebound older individuals of the process either orally or in writing upon the Contractor’s contact with the individuals.

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

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

U. Disaster Plan

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

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

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

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

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

ARTICLE VI. FUNDS
A. Expenditure of Funds

1. The Contractor shall expend all funds received to perform services outlined within agreement.

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

3. In State:

Mileage/Per Diem (meals and incidentals)/Lodging
https://www.calhr.ca.gov/employees/pages/travel-reimbursements.aspx Out of State: http://hrmanual.calhr.ca.gov/Home/ManualItem/1/2201 This is not to be construed as limiting the contractor from paying any differences in costs, from funds other than those provided by the Agency on Aging, between the CalHR rates and any rates the contractor is obligated to pay under other contractual agreements. No travel outside the state of California shall be reimbursed unless prior written authorization is obtained from the State. [SCM 3.17.2.A(4)] The contractor agrees to include these requirements in all subcontracts it enters into with subcontractors to provide services pursuance to this agreement.

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

B. Accountability for Funds

1. The Contractor shall maintain accounting records for funds received under the terms and conditions of this Agreement. These records shall be separate from those for any other funds administered by the Contractor, and shall be maintained in accordance with Generally Accepted Docusign Envelope ID: F4DEB999-372A-88A3-8213-C3AAFAF9EC78 97 Section 5, Item H.

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Accounting Principles and Procedures and the Office of Management and Budget’s Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. [2 CFR §200] [45 CFR §75]

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

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

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

1. Financial Reporting.

2. Accounting Records.

3. Complete Disclosure.

4. Source Documentation.

5. Internal Control.

6. Budgetary Control.

7. Cash Management (written procedures).

8. Allowable Costs (written procedures).

D. Unexpended Funds

1. No later than December 23 of the Agreement year, the Contractor shall report to the Agency on Aging if any Older Americans Act funds will remain unexpended at the ending date of this Agreement.

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

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

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4. Upon termination, cancellation, or expiration of this Agreement, or dissolution of the entity, the Contractor shall return to the Agency on Aging immediately upon written demand, any funds provided under this Agreement, which are not payable for goods or services delivered prior to the termination, cancellation, or expiration of this Agreement, or the dissolution of the entity.

E. Funding Contingencies

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

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

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

G. Funding Reduction

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

2. In the event the Agency on Aging elects to offer a revised budget display(s), it shall be mutually understood by both parties that:

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a. The Agency on Aging reserves the right to determine which programs, if any, shall be reduced.
b. Some programs may be reduced by a greater amount than others, and
c. The Agency on Aging shall determine at its sole discretion the amount that any or all of the programs shall be reduced for the applicable fiscal years.

H. Fiscal Provisions

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

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

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

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

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

B. The final date to submit a budget revision to the Agency on Aging for this Agreement is April 30, 2027.

C. Indirect Costs

1. The maximum reimbursement amount allowable for indirect costs is fifteen percent (15%) of the Contractor’s Modified Total Direct Costs (MTDC), excluding in-kind contributions and nonexpendable equipment.

Indirect costs shall not exceed fifteen percent (15%) of the Contractor’s MTDC per funding category.

Modified Total Direct Cost (MTDC) means all direct salaries and wages, applicable fringe benefits, materials and supplies, services, travel, and up to the first $50,000 of each subaward (regardless of the period of performance of the award). MTDC excludes in-kind contributions, Docusign Envelope ID: F4DEB999-372A-88A3-8213-C3AAFAF9EC78 100
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equipment, capital expenditures, charges for patient care, rental costs, tuition remission, scholarships and fellowships, participant support costs and the portion of each award in excess of $50,000. Other items may only be excluded when necessary to avoid a serious inequity in the distribution of indirect costs, and with the approval of the cognizant agency for indirect costs. [45 CFR 75.2]

2. The contractor requesting reimbursement for indirect costs exceeding the maximum fifteen percent (15%) shall retain on file an approved negotiated indirect cost rate or cost allocation plan.

3. Indirect costs exceeding the fifteen percent (15%) maximum may be budgeted as in-kind for purposes of meeting matching requirements in Title III and Title VII programs only. Contractors must receive prior approval from the federal awarding agency, through the Agency on Aging with approval from the California Department of Aging, prior to budgeting the excess indirect costs as in-kind.

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

1. Program Income
a. Program Income must be reported and expended under the same terms and conditions as the program funds from which it is generated.
b. Program Income must be used to pay for current allowable costs of the program in the same fiscal year that the income was earned (except as noted in Section D.1.d of this Article).
c. For Title III B, III C, III D, III E, VII Ombudsman, and VII Elder Abuse Prevention, Ombudsman Citation Penalties Account, Licensing and Certification Program Funds, Skilled Nursing Facility Quality and Accountability Funds, CARES Act, Elder Justice Act, and Older Californians Act. Program Income must be spent before contract funds (except as noted in Section D.1.d of this Article) and may reduce the total amount of contract funds payable to the Contractor.

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d. Program Income may not be used to meet the matching
requirements of this Agreement.
e. Program Income must be used to expand baseline services. f. If as a result of advanced funds, the project earns interest on funds awarded by the Agency on Aging, that interest shall be identified as income to the program and used for program expenditures, with full documentation on file for all programs.

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

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

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

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

2. The Contractor shall maintain a written record of all budget changes and clearly document line item budget changes. The record shall include the Docusign Envelope ID: F4DEB999-372A-88A3-8213-C3AAFAF9EC78 102
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date, amount, and purpose of the transfer. This record shall be available to the Agency on Aging upon request and shall be maintained in the same manner as all other financial records.

F. Matching Contributions

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

2. Minimum matching contributions for Older Americans Act funded grants awarded by the Fresno-Madera Area Agency on Aging are determined as follows:
a. Title III B Supportive Services (not including Ombudsman), Title III C1 Congregate Nutrition, and Title III C2 Home-Delivered Nutrition is forty percent (40%).
b. Title III E Family Caregiver Support Program is thirty percent (30%). c. Long-Term Care Ombudsman Program; Title VII Elder Abuse Prevention; Title III D Health Promotion-Evidence Based: No Match Required

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

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

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

B. The Agency on Aging shall review the Contractor’s report to ensure compliance with the approved Agreement budget.

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C. The Agency on Aging shall process and approve reported expenditures that are based upon actual, not estimated expenditures. The Agency on Aging shall notify the Contractor of any disputed expenditures.

D. The Contractor shall submit timely expenditures to the Agency on Aging. Late expenditures may lead to a delay in payment until the following month.

E. Upon written request by the Agency on Aging, the Contractor must submit additional documentation or justification to support the reported expenditures.

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

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

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

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

J. Closeout

1. Contractor is required to submit the Financial Closeout Report for this Agreement and Fixed Assets Acquired through Grants with the FresnoMadera Area Agency on Aging (FMAAA 32) to the Agency on Aging by July 15, 2027. All contractors are required to submit Program Property Inventory Certification annually, at the time of closeouts, to [email protected] or as instructed by FMAAA. If Agreement is terminated or cancelled prior to June 30, 2027, the Financial Closeout Report and FMAAA 32 shall be submitted to the Agency on Aging within fifteen (15) days of termination or cancellation of the Agreement.

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

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

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

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

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

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

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

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

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

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

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K. In the case of small contracts, not over $100,000 in the aggregate, the contractor may need only obtain price or rate quotations from a number of qualified sources and informally select the source with which to contract or obtain the purchase. [22 CCR 7352(g).] Although a competitive process is not required, a Pre-Award Review is required for small contracts with for-profit entities, as follows:

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

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

3. The AAA shall maintain all of the following for a period of three years after final payments are made and all other pending matters are closed:
1) Copies of all approved bids or proposals and any amendments or changes thereto.
2) A statement of the criteria used to approve awards.
3) Copies of the award documents and contracts entered into pursuant to Section 7364.
4) Other information as requested by 45 CFR 92.36(b), [CCR Title II, Section 7352(h) as well as CDA’s determination letter.

4. Because “requirements” under a particular contract likely have distinct and itemized values, considering these distinct values together likely provides the most reasonable way of viewing the meaning of “aggregate” for purposes of determining whether the small contract procurement procedures may be used for a particular contract under 22 CCR 7352 (g).

As such, aggregate likely means the combined total estimated value of each requirement for a particular contract. This would require the contractor to assess its known contract requirements in the planning phase and estimate the value of each requirement. If those requirements Docusign Envelope ID: F4DEB999-372A-88A3-8213-C3AAFAF9EC78 106
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in the aggregate are not more than $100,000, the small contract procedures may be used.

L. Contracts over $100,000 in the aggregate for any entity must follow an open and competitive process [22 CCR 7352].

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

1. The Request for Proposal (RFP) or Invitation for Bid. [22 CCR 7362(a)(1)].

2. All bid proposals received. [22 CCR 7362(a)(2)].

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

4. Description and documentation of dissemination of
information concerning the RFP to elicit adequate
competition. [22 CCR7356].

M. The Agency on Aging will provide a determination letter within fifteen (15) days of receipt of all required documentation confirming that the Contractor has satisfied the requirements of a competitive award to a for-profit entity or will provide details as to the requirement(s) that have not been met. The Contractor must maintain all documentation on file that supports a competitive award to a for-profit entity, as well as the Agency on Aging’s determination letter. Where a program may be contracted to a for-profit organization, the Contractor should include in its contract with the for-profit entity, a requirement for performance of a program specific audit of the contracted program by an independent audit firm.

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

O. The Contractor shall utilize procurement procedures as follows:

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

2. For goods and services purchased with Title III or Title VII funds, the Docusign Envelope ID: F4DEB999-372A-88A3-8213-C3AAFAF9EC78 107
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procurement procedures must include, at a minimum, the requirements set forth in 22 CCR 7352. The only exceptions are contained in 22 CCR 7360(a) and 22 CCR 7360(d). The Contractor issuing a noncompetitive award must comply with 22 CCR 73600 (b)-(d).

ARTICLE X. RECORDS AND REPORTS
A. Records

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

2. All such records, including confidential records, must be maintained and made available by the Contractor as follows:
a. Until an audit of the July 1, 2026 through June 30, 2027 period of expenditures has occurred and an audit resolution has been issued or unless otherwise authorized in writing by the Agency on Aging or the California Department of Aging’s Audit and Risk Management Branch;
b. For such longer period, if any, as is required by applicable statute, by any other clause of this Agreement, or by Sections 3 and 4 of this Article; and
c. For such longer period as the Agency on Aging or the State deems necessary.

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

4. In the event of any litigation, claim, negotiation, audit exception, or other action involving the records, such records shall be maintained and kept Docusign Envelope ID: F4DEB999-372A-88A3-8213-C3AAFAF9EC78 108
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available until every action has been cleared to the satisfaction of the Agency on Aging and the State and so stated in writing to the Contractor.

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

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

B. Reports

1. The Contractor shall prepare and submit fiscal and performance reports as designated in Appendix E, Required Reports and Due Dates. Reports shall be submitted on forms in a format approved by the Agency on Aging.

2. The Contractor shall assure that all financial and program data submitted to the Agency on Aging are timely, complete, accurate, and verifiable.

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

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

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

6. Upon request, the Contractor will provide information and supporting documentation on any activities funded in-part or in-whole with the supplement funding.

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

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

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

B. Property acquired under this Agreement, which meets any of the following criteria, is subject to the reporting requirements (SAM 8610.5):

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

2. 3.

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

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

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

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

D. Equipment/Property with per unit cost over $500 or any computing devices, regardless of cost, requires justification from the Contractor and approval from the California Department of Aging and the Agency on Aging. The Contractor must submit a detailed listing of planned Equipment/Property purchases in its budget to the Agency on Aging (Schedule of Program/Site Supplies and Equipment Purchases, page 4 of Exhibit B, Budget). Please note an approved budget is not approval for equipment purchases. The Agency on Aging will notify the Contractor when the California Department of Aging has rendered an approval decision.

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

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

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

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

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

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

H. The Contractor shall affix the Asset Tag provided by the Agency on Aging to tangible property upon receipt of the asset tag from the agency, which identifies the property as State of California property. The Contractor shall enter the Asset Tag number on the cumulative inventory records maintained by the Contractor for this Agreement.

I. The Contractor shall conduct an annual physical inventory of all property furnished or purchased by the Contractor with funds awarded under the terms of this Agreement or any predecessor agreement for the same purpose, and submit Fixed Assets Acquired through Grants with the Fresno-Madera Area Agency on Aging (FMAAA 32) with the annual Financial Closeout Report to the Agency on Aging. Corresponding reconciliation must be kept on file and available for review by the Agency on Aging.

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

Disposition, which includes sale, trade-in, discarding, or transfer to another agency, may not occur until approval is provided by the California Department of Aging and the Agency on Aging notifies the Contractor of the State’s instructions for disposition of property (CDA 248) to [email protected] Docusign Envelope ID: F4DEB999-372A-88A3-8213-C3AAFAF9EC78 111
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Once property has been disposed as per the State’s authorization and instructions, the item(s) shall be removed from the Contractor’s inventory report. Property is not to be disposed of until both the CDA 248 and STD 152 have been approved by CDA. Contractor will be liable for repayment of purchase price of equipment if Contractor disposes of equipment without prior approval from Agency on Aging and CDA.

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

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

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

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

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

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

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

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

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

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

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

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

The Agency on Aging conduct onsite/remote monitoring visits to ensure that the contractor(s) are in compliance with all federal and State laws, regulations, policies, contracts or grant agreements (Administrative); Performance goals are achieved (Program); and Federal awards are used for authorized purposes (Fiscal). Comprehensive onsite/remote assessments are conducted at a minimum once every two years as resources permit.

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

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

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

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

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

ARTICLE XIV. AUDIT REQUIREMENTS
A. General

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

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

3. All agreements entered into by Contractor and subcontractors with audit firms for purposes of conducting independent audits under this Docusign Envelope ID: F4DEB999-372A-88A3-8213-C3AAFAF9EC78 114
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Agreement shall contain a clause permitting any duly authorized representative of the federal or State government and the Agency on Aging access to the supporting documentation of said audit firm(s).

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

B. CDA Fiscal and Compliance Audits

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

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

C. Contractor Single Audit Reporting Requirements

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

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

Fresno-Madera Area Agency on Aging
2520 West Shaw Lane, Suite 101A
Fresno, CA 93711

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

3. For purposes of reporting, the Contractor shall ensure that State-funded expenditures are displayed discretely along with the related federal Docusign Envelope ID: F4DEB999-372A-88A3-8213-C3AAFAF9EC78 115
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expenditures in the single audit report’s “Schedule of Expenditures of Federal Awards” (SEFA) under the appropriate Catalog of Federal Domestic Assistance (CFDA) number as referenced in Section L of this Article.

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

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

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

G. Contract resolution includes:

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

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

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

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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.

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

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

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

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

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

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

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

4. All inclusive: Includes an opinion (or disclaimer of opinion) of the financial statements; a report on internal control related to the financial statements and major programs; an opinion (or disclaimer of opinion) on compliance with laws, regulations, and the provisions of contracts; and the schedule of findings and questioned costs. [2 CFR §200.515 and 45 CFR §75.515] Docusign Envelope ID: F4DEB999-372A-88A3-8213-C3AAFAF9EC78 117
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5. Performed in accordance with provisions applicable to this program as identified in 2 CFR §200, and 45 CFR §75, Subpart F-Audit Requirements.

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

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

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

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

2. Any costs of auditing a non-federal entity that is exempted from having an audit conducted under the Single Audit Act, 2 CFR §200 and 45 CFR §75, Subparts F – Audit Requirements because its expenditures under federal awards are less than $750,000 during the non-federal entity’s fiscal year. a. The costs of a financial statement audit of a non-federal entity that does not currently have a federal award may be included in the indirect cost pool for a cost allocation plan or indirect cost proposal. b. Pass-through entities may charge federal awards for the cost of agreed-upon-procedures engagements to monitor subcontractors who are exempted from the requirements of the Single Audit Act, 2 CFR §200 and 45 CFR §75, Subparts F – Audit Requirements. This cost is allowable only if the agreed-upon-procedures engagements are conducted in accordance with Generally Accepted Government Auditing Standards (GAGAS) attestation standards, paid for and arranged by the pass-through entity, and limited in scope to one or more of the following types of compliance requirements: Activities Docusign Envelope ID: F4DEB999-372A-88A3-8213-C3AAFAF9EC78 118
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allowed or not allowed; allowable costs/cost principles; eligibility; and reporting. [2 CFR 200.425]
M. This Section B applies only to Title III and Title VII.

The following closely related programs identified by CFDA number are to be considered as an “other cluster” for purposes of determining major programs or whether a program-specific audit may be elected. The Contractor shall identify the CFDA titles and numbers to the independent auditor conducting the organization’s single audit along with each of its subcontractors. The funding source (Federal Grantor) for the following programs is the U.S.

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

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

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

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

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

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

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

93.053 Nutrition Services Incentive Program (NSIP)
“Cluster of programs” means a grouping of closely related programs that share common compliance requirements. The types of clusters of programs are research and development, student financial aid, and other clusters. “Other clusters” are defined by the consolidated CFR in the Compliance Supplement or as designated by a state for federal awards provided to its subcontractors that meet the definition of “cluster of programs.” When designating an “other cluster,” a state shall identify the federal awards included in the cluster and advise the subcontractors of compliance requirements applicable to the cluster. A “cluster of programs” shall be considered as one program for determining major programs, as described in 45 CFR §75.525(a), whether a program-specific audit may be elected. (Federal Office of Management and Budget, [45 CFR §75 Requirements], Audits of States, Local Governments [45 Docusign Envelope ID: F4DEB999-372A-88A3-8213-C3AAFAF9EC78 119
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Terms and Conditions Declaration
CFR §75 Appendix V to Part 75 F.1], and Non-Profit Organizations [45 CFR §75 Appendix IV to Part 75 C.2.a])
N. The Contractor must indicate which method of providing audit compliance will be in force during this Agreement (Appendix D, Method of Providing Audit Compliance).

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

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

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

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

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

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

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

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

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

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Area Plan Grant Award 56 FY 2026-2027
Terms and Conditions Declaration

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

2. The Fresno-Madera Area Agency on Aging shall be named as the certificate holder and its physical address (2520 West Shaw Lane, Suite 101A, Fresno, CA 93711) must be listed on the certificate.

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

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

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

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

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Area Plan Grant Award 57 FY 2026-2027
Terms and Conditions Declaration
ARTICLE XVI. DONATIONS
A. The Contractor assures that voluntary contributions shall be allowed and may be solicited in accordance with the following requirements [OAA §315(b)]:

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

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

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

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

ARTICLE XVII. TERMINATION
A. Termination Without Cause

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

The Agency on Aging may, at its discretion, decline to negotiate additional one-year Agreement periods with the Contractor beyond the initial one-year contract award term, or, as a result of the Request for Docusign Envelope ID: F4DEB999-372A-88A3-8213-C3AAFAF9EC78 122
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Terms and Conditions Declaration
Proposal process, reject the Contractor’s proposal for provision of service beyond the term of this Agreement; in such cases, the Agency on Aging shall provide a minimum of thirty (30) days written notice to the Contractor of non-renewal or non-award of the contract, effective on the last day of the term of this Agreement.

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

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

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

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

B. Termination for Cause

1. The Agency on Aging may terminate, in whole or in part, for cause the performance of work under this Agreement. Agency on Aging mat terminate this agreement upon thirty (30) days written notice to the Contractor. The Notice of Termination shall be effective thirty (30) days from the delivery of the Notice of Termination unless the grounds for termination are due to threat to life, health or safety of the public and in that case, the termination shall take effect immediately. The Contractor shall submit to the Agency on Aging a Transition Plan as specified in this agreement. The grounds for termination for cause shall include, but are not limited to, the following:
a. In case of threat of life, health, or safety to the public, termination of the agreement shall be effective immediately.

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Terms and Conditions Declaration
b. A violation of the law or failure to comply with any condition of this Agreement.
c. Inadequate performance or failure to make progress so as to endanger performance of this Agreement.
d. Failure to comply with reporting requirements.
e. Evidence that the Contractor is in an unsatisfactory financial condition as determined by an audit of the Contractor or evidence of a financial condition that endangers performance of this Agreement and/or the loss of other funding sources.
f. Delinquency in payment of taxes or payment of costs for performance of this Agreement in the ordinary course of business. g. Appointment of a trustee, receiver, or liquidator for all or a substantial part of the Contractor’s property, or institution of bankruptcy, reorganization or the arrangement of liquidation proceedings by or against the Contractor.
h. Service of any writ of attachment, levy of execution, or commencement of garnishment proceedings against the
Contractor’s assets or income.
i. The commission of an act of bankruptcy.
j. Finding of debarment or suspension.
k. The Contractor’s organizational structure has materially changed. l. The Agency on Aging determines that the Contractor may be considered a “high risk” agency as described in 2 CFR 200.205 AND 45 CFR 75.205. If such a determination is made, the Contractor may be subject to special conditions or restrictions, as described in Appendix F, Sanction Policy.
m. Program operations have been suspended for more than three (3) consecutive months in any budget year, unless a longer period is granted in writing by the Agency on Aging.

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

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Area Plan Grant Award 60 FY 2026-2027
Terms and Conditions Declaration

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

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

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

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

ARTICLE XVIII. REMEDIES AND APPEAL PROCESS
A. The Contractor agrees that any remedy provided in this Agreement is in addition to and not in derogation of any other legal or equitable remedy available to the Agency on Aging as a result of a breach of this Agreement by the Contractor, whether such breach occurs before or after completion of the project. Specifically, the Agency on Aging reserves the right to pursue all remedies allowed to it under the Older Americans Act, and all regulations Docusign Envelope ID: F4DEB999-372A-88A3-8213-C3AAFAF9EC78 125
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Area Plan Grant Award 61 FY 2026-2027
Terms and Conditions Declaration
adopted pursuant to the Act or implementing the Act, regarding the expenditure of federal funds.

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

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

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

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

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

B. Any provision of this Agreement which conflicts with current or future applicable federal or state laws is hereby amended to conform to the provisions of those laws. Such amendment of this Agreement shall be effective on the effective date of the laws necessitating it and shall be binding on the parties even though such amendment may not have been reduced in writing and formally agreed upon and executed by the parties.

C. Failure by the contractor to take necessary actions required by amendments to this agreement shall constitute a material violation. An amendment is required to change the Contractor’s name as listed on this Agreement. Any notice given to the Agency on Aging for a Contractor’s change of legal name, main address, or name of Director shall be addressed to the Fresno-Madera Agency on Aging’s Executive Director and/or Program Director on the Contractor’s letterhead. Upon receipt of legal documentation of the name change, the Agency on Aging will process the amendment. Invoices presented by the Contractor with the Contractor’s new name cannot be paid prior to the Agency on Aging’s approval of said amendment.

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

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Area Plan Grant Award 62 FY 2026-2027
Terms and Conditions Declaration
ARTICLE XX. NOTICES
A. Any notice to be given hereunder by either party to the other may be affected by personal delivery in writing or by registered or certified mail, overnight mail, postage prepaid, return receipt requested, provided the Contractor retains receipt, and shall be communicated of actual receipt.

B. Notices to the Agency on Aging shall be addressed to the Fresno-Madera Area Agency on Aging at its current physical address, 2520 West Shaw Lane, Suite 101A, Fresno, CA 93711, and notices to the Contractor shall be addressed to the Contractor’s address as indicated on page 1 of this Agreement, unless otherwise requested in writing.

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

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APPENDIX A

RESOLUTION OF AUTHORIZATION TO CONTRACT
Resolution of Appendix A FY 2026-2027
Authorization to Contract
The governing board of
(Service Provider)
hereby authorizes
(Name and Title)
to execute the contract(s) listed on Page 1 of this Agreement with the FresnoMadera Area Agency on Aging for the fiscal year beginning July 1, 2026, to June 30, 2027, including any subsequent amendments and all necessary supporting documents.

Name of Chair (Please Print)
Governing Board
Signature of Chair
Governing Board
Date
the City of Kerman
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APPENDIX B

CONTRACTOR CERTIFICATION CLAUSES
Contractor Certification Appendix B – Page 1 FY 2026-2027 Clauses

CERTIFICATION
I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective Contractor to the clause(s) listed below. This certification is made under the laws of the State of California.

Contractor/Vendor Name (Typed) Federal ID Number Contractor Unique Entity ID
Authorized Signature Date Executed
Name and Title of Person Signing (Typed)
CONTRACTOR CERTIFICATION CLAUSES Source: State of California CCC 04/2017

1. STATEMENT OF COMPLIANCE: Contractor has, unless exempted, complied with the nondiscrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section 11102) (Not applicable to public entities.)

2. DRUG-FREE WORKPLACE REQUIREMENTS: Contractor will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
1) the dangers of drug abuse in the workplace;
2) the person's or organization's policy of maintaining a drug-free workplace; 3) any available counseling, rehabilitation and employee assistance programs; and, 4) penalties that may be imposed upon employees for drug abuse violations. c. Every employee who works on the proposed Agreement will:
1) receive a copy of the company's drug-free workplace policy statement; and, 2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement.

Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Contractor may be ineligible for award of any future State and Fresno-Madera Area Agency on Aging agreements if the department The City of Kerman
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6/30/2026
94-60000351 NA
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APPENDIX B

CONTRACTOR CERTIFICATION CLAUSES
Contractor Certification Appendix B – Page 2 FY 2026-2027 Clauses
determines that any of the following has occurred: the Contractor has made false certification, or violated the certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et seq.)

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

4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO REQUIREMENT: Contractor hereby certifies that Contractor will comply with the requirements of Section 6072 of the Business and Professions Code, effective January 1, 2003.

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

Failure to make a good faith effort may be cause for non-renewal of a state contract for legal services, and may be taken into account when determining the award of future contracts with the State and the Fresno-Madera Area Agency on Aging for legal services.

5. EXPATRIATE CORPORATIONS: Contractor hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the State of California.

6. SWEATFREE CODE OF CONDUCT:
a. All Contractors contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The contractor further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108.
b. The contractor agrees to cooperate fully in providing reasonable access to the contractor’s records, documents, agents or employees, or premises if reasonably required by authorized officials of the contracting agency, the Department of Docusign Envelope ID: F4DEB999-372A-88A3-8213-C3AAFAF9EC78 130
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APPENDIX B

CONTRACTOR CERTIFICATION CLAUSES
Contractor Certification Appendix B – Page 3 FY 2026-2027 Clauses
Industrial Relations, or the Department of Justice to determine the contractor’s compliance with the requirements under paragraph (a).

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

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

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

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

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

Former State Employees (Pub. Contract Code §10411):
1) For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency.
2) For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service.

If Contractor violates any provisions of above paragraphs, such action by Contractor shall render this Agreement void. (Pub. Contract Code §10420) Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub. Contract Code §10430 (e))

2. LABOR CODE/WORKERS' COMPENSATION: Contractor needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Docusign Envelope ID: F4DEB999-372A-88A3-8213-C3AAFAF9EC78 131
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APPENDIX B

CONTRACTOR CERTIFICATION CLAUSES
Contractor Certification Appendix B – Page 4 FY 2026-2027 Clauses
Contractor affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700)

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

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

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

Agencies will determine whether a corporation is in good standing by calling the Office of the Secretary of State.

6. RESOLUTION: A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement.

7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Contractor shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.

8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all contractors that are not another state agency or other governmental entity.

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APPENDIX C

INFORMATION INTEGRITY AND SECURITY STATEMENT
Information Integrity and Appendix C – Page 1 FY 2026-2027 Security Statement
In compliance with California Government Code Section 11019.9, California Civil Code Section 1798 et seq., Department of General Services Management Memo 06- 12, and Statewide Information Management Manual (SIMM) 5300 the California Department of Aging (CDA) hereby requires the Contractor/Vendor/Provider to:

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

MEET THE FOLLOWING REQUIREMENTS:
• PSCI information shall be protected from disclosure in accordance with all applicable laws, regulations, and policies.
• PSCI data be protected by authorized access using the principles of least privilege. • Any occurrence that actually or potentially jeopardizes the confidentiality, integrity, or availability of an information system or the information the system processes, stores, or transmits or that constitutes a violation or imminent threat of violation of security policies, security procedures or acceptable use policies will immediately be reported to CDA by completing a Security Incident Report CDA (1025A and 1025B). • All access codes which allow access to confidential information will be properly safeguarded.
• Obligations to protect PSCI information obtained under this Contract/Agreement will continue after termination of the Contract/Agreement with CDA. • All employees/subcontractors of the Contractor/Vendor/Provider will complete the required Security Awareness Training module located at
https://aging.ca.gov/Information_security/ within 30 days of the start date of the Contract/Agreement or within 30 days of the start date of any new employee or subcontractor. This training must be completed annually. • All employees/subcontractors of the Contractor/Vendor/Provider must comply with CDA’s confidentiality and data security requirements as outlined in the Contract/Agreement.

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Section 5, Item H.

APPENDIX C

INFORMATION INTEGRITY AND SECURITY STATEMENT
Information Integrity and Appendix C – Page 2 FY 2026-2027 Security Statement
• All employees/subcontractors of the Contract/Vendor/Provider must comply with the Area Plan Terms and Conditions Agreement, Article V, Section H, Information Confidentiality and Security requirements as outlined in the contract.

CERTIFY:

To protect PSCI information by:
• Accessing, inspecting, using, disclosing or modifying PSCI information only for the purpose of performing official duties.
• Never accessing, inspecting, using, disclosing, or modifying PSCI information for curiosity, personal gain, or any non-business-related reason. • Securing PSCI information in approved locations.
• Never removing PSCI information from the work site without authorization.

Meets the encryption requirements in Article V, Section H of the Area Plan Terms and Conditions Agreement:
________ Is in full compliance with the 128 Encryption requirements ________ Is not in compliance with the 128 Encryption requirements and will achieve compliance by ____________________
I hereby certify that I have reviewed this Confidentiality Statement and will comply with the above statements.

Provider Printed Name and Title
Provider Signature Date
Program Name Contract Number
Title III C1 - Elderly Nutrition Site Management 27-0121 - City of Kerman Docusign Envelope ID: F4DEB999-372A-88A3-8213-C3AAFAF9EC78 6/30/2026
City Manager
X
John Jansons
134
Section 5, Item H.

APPENDIX D

METHOD OF PROVIDING AUDIT COMPLIANCE
Method of Providing Appendix D FY 2026-2027
Audit Compliance
The service provider shall indicate which method of providing audit compliance to the Fresno-Madera Area Agency on Aging (Agency on Aging) will be in force during this Agreement.

1. Review Article XIV of this Agreement (Audit Requirements).

2. Place an X in the appropriate box below:

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

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

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

Enter Fiscal Year Ending Date
Month
June
Day
30 Year
2027
Docusign Envelope ID: F4DEB999-372A-88A3-8213-C3AAFAF9EC78 X
135
Section 5, Item H.

APPENDIX E

REQUIRED REPORTS AND DUE DATES
Required Reports & Due Dates Appendix E – Page 1 FY 2026-2027 Fiscal Reports
*Expenditure Reports by Program
Title III B, Title III C, Title III D, and Title VII Programs Due 15th of each month • Monthly Report of Expenditures and
Donations Revenue
Title III E Family Caregiver Support Program Due 15th of each month • Title III E Monthly Report of Expenditures
Health Insurance Counseling and Advocacy Program Due 15th of each month • HICAP Monthly Report of Expenditure/Request for Funds (CDA 245) Long-Term Care Ombudsman Program Due 15th of each month • Budget Summary/Monthly Expenditure Report & Request for Funds, Special Deposit Fund & Skilled Nursing Facility Quality and Accountability Fund (CDA-OMB-300) * Payments are made by the last day of the month for accurate expenditure reports received by the due date. Late or inaccurate expenditure report submissions will result in delay of payments until reporting requirements have been met.

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

APPENDIX E

REQUIRED REPORTS AND DUE DATES
Required Reports & Due Dates Appendix E – Page 2 FY 2026-2027 Program Reports
Monthly Service Unit Report (Form 186M)
Due 7th working day of month:
• Title III D Health Promotion – Evidence-Based
• Title III E Family Caregiver Support Program
• Title VII (b) Elder Abuse Prevention, Education, & Training Due 15th of each month:
• Health Insurance Counseling and Advocacy Program (HICAP) o Attach final version of HICAP Performance Measures and Benchmark Report generated from SHARP system for reporting month
Due 17th of month:
• Title III B Legal Assistance
*Monthly Title III C Elderly Nutrition Program Reports
Due 7th working day of month:
• Q Monthly Service Roster with client signatures and a “1” entered for in date column for each meal served
• Daily Sign-In Sheets with initials entered by client for each meal • Associated Client Intake Forms (originals; must be completed each new fiscal year) • Client Deactivation Request
• Nutrition Volunteer Summary Report
• Food Preparation Center Food Service Check Sheet
*See Policy and Procedure Manual, provided to Site Coordinator, for full instructions.

Quarterly Reports
Due 15th of month following reporting period:
• Title VII (b) Elder Abuse Prevention Quarterly Activity Report (CDA 1037) • Due 17th of month following reporting period:
• Title III B California Legal Services Quarterly Client and Case Data Export Excel Files Due 30th of month following reporting period:
• Long-Term Care Ombudsman Program
o Copy of completed Quarterly Ombudsman Reporting Form (OSLTCO S301) as submitted to the California Department of Aging
 Attach program performance data from the Ombudsman Data Integration Network for July 1st through last day of reporting quarter.

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Section 5, Item H.

APPENDIX F

FRESNO-MADERA AREA AGENCY ON AGING SANCTION POLICY
Sanction Policy Appendix F – Page 1 FY 2026-2027
I. At-Risk Designation
Title 45 of the Code of Federal Regulations (45 CFR), sections 75.205 and

92.12, defines factors that determine if an Agreement with a Contractor is at risk. In accordance with 45 CFR, the 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;
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Section 5, Item H.

Sanction Policy Appendix F – Page 2 FY 2026-2027

5. Failure to respond to telephone or written communications from the Agency on Aging in a timely manner; or

6. A violation of the law or failure to comply with any condition of this Agreement.

II. Sanctions
The Agency on Aging may impose sanctions (special conditions and/or restrictions) on the Contractor that correspond to the at-risk condition. Such sanctions may include:

A. Withholding of funds;
B. Requiring additional, more detailed, and/or more frequent financial and/or program reports;
C. Requiring preparation and implementation of an acceptable corrective action plan;
D. Additional contract monitoring;
E. Requiring the Contractor to obtain technical or management assistance; F. Establishing additional prior approvals; and/or
G. Withholding authority to continue provision of service within a given funding period.

Sanctions may be imposed upon approval by the Executive Director of the Agency on Aging, with the exception of Item II.G above, which requires approval by the Agency on Aging Governing Board.

For sanctions identified in Items II.A through II.F above, the Agency on Aging will promptly remove sanctions once the conditions that prompted them have been corrected.

For the sanction identified in Item II.G above, the sanction will be removed when the Contractor takes corrective action satisfactory to the Agency on Aging and/or the Contractor has been restored to satisfactory status in accordance with the terms and conditions of this Agreement.

III. Notification to Provider
The Agency on Aging will provide written notification to the Contractor of any sanctions imposed via certified or overnight mail, return receipt requested. Such notification will include:

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Section 5, Item H.

Sanction Policy Appendix F – Page 3 FY 2026-2027
A. The nature of the sanctions;
B. The reason(s) for imposing them;
C. The effective date of the sanctions;
D. The legal or contractual citation upon which the sanction is based; E. The corrective actions which must be taken before they will be removed and the time allowed for completing the corrective actions; and F. The Agency on Aging’s appeal procedure for service providers.

IV. Unresolved At-Risk Condition(s)
Should the at-risk condition(s) remain unresolved following the imposition of sanctions, the Agency on Aging may proceed to terminate the Agreement with the Contractor, in accordance with the Termination section of this Agreement (Article XVII, Title III and Title VI Area Plan Contracts; Article XVI, Health Insurance Counseling and Advocacy Program Contract).

Docusign Envelope ID: F4DEB999-372A-88A3-8213-C3AAFAF9EC78 140
Section 5, Item H.

APPENDIX G

FRESNO-MADERA AREA AGENCY ON AGING

APPEAL PROCEDURE FOR SERVICE PROVIDERS
Appeal Procedure Appendix G – Page 1 FY 2026-2027
for Service Providers
I. Actions Subject to Appeal
A. A contracted or potential provider of service (service provider) has the right to appeal an adverse determination made by the Fresno-Madera Area Agency on Aging (Agency on Aging). The actions below shall be considered adverse determinations that are subject to appeal [Title 22 CCR §7704 (c)(1) – (c)(3)(C)]:

1. A reduction in the level of funding to an existing Contractor during an Agreement period; however, a reduction directly attributable to a reduction in the funding to the Area Agency on Aging by the State or federal government shall not be considered an adverse determination.

2. A cancellation or 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.

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.

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Section 5, Item H.

Appeal Procedure Appendix G – Page 2 FY 2026-2027
for Service Providers
C. The Agency on Aging shall transmit notification to the address listed on the service provider’s appeal; if this address differs from the address listed on page 1 of the service provider’s Agreement with the Agency on Aging, the Agency on Aging shall transmit a copy of the notification to the address contained on page 1 of the Agreement.

D. 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 Docusign Envelope ID: F4DEB999-372A-88A3-8213-C3AAFAF9EC78 142
Section 5, Item H.

Appeal Procedure Appendix G – Page 3 FY 2026-2027
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
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Section 5, Item H.

Appeal Procedure Appendix G – Page 4 FY 2026-2027
for Service Providers
d) An oral presentation by the Agency on Aging Executive Director and/or Agency on Aging staff, not to exceed thirty (30) minutes.

2. 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.

Docusign Envelope ID: F4DEB999-372A-88A3-8213-C3AAFAF9EC78 144
Section 5, Item H.

APPENDIX H

FRESNO-MADERA AREA AGENCY ON AGING
2520 WEST SHAW LANE, SUITE 101A, FRESNO CA 93711
MAILING ADDRESS: 2037 WEST BULLARD AVENUE, #512, FRESNO, CA 93711

PROGRAM CONTACT LIST FOR SERVICE PROVIDERS
Telephone Number for All Contacts: (559) 214-0299
Fax Number for All Contacts: (559) 243-5918
Fresno-Madera Area Agency on Aging Appendix H FY 2026-2027 Contact List for Service Providers
Jamie Sharma – Ext. 500
Executive Director
Email: [email protected]
Paul Bustamante – Ext. 501
Director of Finance
Email: [email protected]
Hillaree Bennett – Ext. 102
Program Director
Email: [email protected]
Miles Robinson – Ext. 401
Administrative Manager
Email: [email protected]
Patricia Contreras – Ext. 503
Finance Manager
Email: [email protected]
Sarah Santoyo – Ext. 201
Nutrition Program Manager
Email: [email protected]
Sarah Carl – Ext. 502
Clinical Manager
Email: [email protected]
Docusign Envelope ID: F4DEB999-372A-88A3-8213-C3AAFAF9EC78 145
Section 5, Item H.

APPENDIX I

FRESNO-MADERA AREA AGENCY ON AGING

EMERGENCY CONTACT INFORMATION
Fresno-Madera Area Agency on Aging Appendix I FY 2026-2027 Emergency Contact Information
Information and Assistance: (559) 214-0299
(800) 510-2020
Executive Director,
Emergency Coordinator,
and Public Relations Officer
Jamie Sharma
Office Address: 2520 W. Shaw Lane #101A
Fresno, CA 93711
Mailing Address: 2037 W. Bullard Ave. #512
Fresno, CA 93711
Office Phone: (559) 214-0299 Ext. 500
Program Director,
Alternate Emergency
Coordinator
Hillaree Bennett
Office Address: 2520 W. Shaw Lane #101A
Fresno, CA 93711
Mailing Address: 2037 W. Bullard Ave. #512
Fresno, CA 93711
Office Phone: (559) 319-0863
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Section 5, Item H.

APPENDIX J

COMMUNITY FOCAL POINTS LIST
Community Focal Points Appendix J FY 2026-2027
CCR Title 22, Article 3, Section 7302(a)(14), 45 CFR Section 1321.53(c), OAA 2006 306(a) Definition of Focal Point: A facility established to encourage the maximum collocation and coordination of services for older individuals. (42 USC Section 3002 (21)) Planning and Service Area 14 - Designated Community Focal Points Fresno County
Fresno-Madera Area Agency on Aging 2520 W. Shaw Ln. #101A Fresno, CA 93711 Clovis Senior Center 753 3RD St. Clovis, CA 93612
Coalinga Senior Center 220 E. Forest Ave. Coalinga, CA 93210 Del Rey Senior Citizen's Center 10661 Morro Ave Del Rey, CA 93616 Firebaugh Senior Center 1601 Thomas Conboy Ave. Firebaugh, CA 93622 Huron Senior Center 16900 5th St. Huron, CA 93234
Inspiration Park 5770 W Gettysburg Ave Fresno, CA 93722 Kerman Senior Center 720 S. 8th St. Kerman, CA 93630
Kingsburg Senior Center 1450 Ellis St. Kingsburg, CA 93631 Mary Ella Brown Community Center 1350 E. Annadale Ave. Fresno, CA 93706 Mendota Senior Center 415 Sorenson Ave. Mendota, CA 93640 Mosqueda Community Center 3670 E. Butler Ave. Fresno, CA 93702 Orange Cove Senior Center 699 6th St. Orange Cove, CA 93646 Oasis Adult Day Program 5363 N. Fresno St. Fresno, CA 93710 Parlier Senior Center 690 S Newmark Ave Parlier, CA 93648 Pinedale Community Center 7170 N. San Pablo Ave. Pinedale, CA 93650 Reedley Senior Center 100 N. East Ave. Reedley, CA 93654 Sanger Senior Center 730 Recreation Ave. Sanger, CA 93657 Selma Senior Center 2301 Selma St Selma, CA 93662
Sierra Oaks Senior and Community Center 33276 Lodge Rd. Tollhouse, CA 93667 Ted C. Wills Community Center 770 N. San Pablo Ave. Fresno, CA 93728 Madera County
Chowchilla Senior Center 820 Robertson Blvd. Chowchilla, CA 93610 Frank A. Bergon Senior Center 238 S. D St. Madera, CA 93637 Pan-American Community Center 703 E. Sherwood Way Madera, CA 93638 Ranchos/Hills Senior Center 37330 Berkshire Dr. Madera Ranchos, CA 93636 Sierra Senior Center 49111 Cinder Ln. Oakhurst, CA 93644 Coarsegold Community Center 35610 CA-41 Coarsegold, CA 93614 North Fork Scout Center 33507 Rd. 230 North Fork, CA 93643 Docusign Envelope ID: F4DEB999-372A-88A3-8213-C3AAFAF9EC78 147
Section 5, Item H.

FormW-9
(Rev. March 2024)
Department of the Treasury
Internal Revenue Service
Request for Taxpayer
Identification Number and Certification
Go to www.irs.gov/FormW9 for instructions and the latest information.

Give form to the
requester. Do not
send to the IRS.

Before you begin. For guidance related to the purpose of Form W-9, see Purpose of Form, below. 1 Name of entity/individual. An entry is required. (For a sole proprietor or disregarded entity, enter the owner’s name on line 1, and enter the business/disregarded entity’s name on line 2.)
2 Business name/disregarded entity name, if different from above. 3a Check the appropriate box for federal tax classification of the entity/individual whose name is entered on line 1. Check only one of the following seven boxes.

Individual/sole proprietor C corporation S corporation Partnership Trust/estate LLC. Enter the tax classification (C = C corporation, S = S corporation, P = Partnership) . . . .

Note: Check the “LLC” box above and, in the entry space, enter the appropriate code (C, S, or P) for the tax classification of the LLC, unless it is a disregarded entity. A disregarded entity should instead check the appropriate box for the tax classification of its owner.

Other (see instructions)
3b If on line 3a you checked “Partnership” or “Trust/estate,” or checked “LLC” and entered “P” as its tax classification, and you are providing this form to a partnership, trust, or estate in which you have an ownership interest, check this box if you have any foreign partners, owners, or beneficiaries. See instructions . . . . . . . . . 4 Exemptions (codes apply only to
certain entities, not individuals;
see instructions on page 3):

Exempt payee code (if any)
Exemption from Foreign Account Tax
Compliance Act (FATCA) reporting
code (if any)
(Applies to accounts maintained
outside the United States.)
5 Address (number, street, and apt. or suite no.). See instructions. Requester’s name and address (optional) 6 City, state, and ZIP code
7 List account number(s) here (optional)
Part I Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later.

Note: If the account is in more than one name, see the instructions for line 1. See also What Name and Number To Give the Requester for guidelines on whose number to enter.

Social security number
– –
or
Part II Certification
Under penalties of perjury, I certify that:

1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and

2. I am not subject to backup withholding because (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and

3. I am a U.S. citizen or other U.S. person (defined below); and

4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.

Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and, generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later.

General Instructions
Section references are to the Internal Revenue Code unless otherwise noted.

Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9.

What’s New
Line 3a has been modified to clarify how a disregarded entity completes this line. An LLC that is a disregarded entity should check the appropriate box for the tax classification of its owner. Otherwise, it should check the “LLC” box and enter its appropriate tax classification.

New line 3b has been added to this form. A flow-through entity is required to complete this line to indicate that it has direct or indirect foreign partners, owners, or beneficiaries when it provides the Form W-9 to another flow-through entity in which it has an ownership interest. This change is intended to provide a flow-through entity with information regarding the status of its indirect foreign partners, owners, or beneficiaries, so that it can satisfy any applicable reporting requirements. For example, a partnership that has any indirect foreign partners may be required to complete Schedules K-2 and K-3. See the Partnership Instructions for Schedules K-2 and K-3 (Form 1065).

Purpose of Form
An individual or entity (Form W-9 requester) who is required to file an information return with the IRS is giving you this form because they Cat. No. 10231X Form W-9 (Rev. 3-2024)
Employer identification number
Sign Signature of
Here U.S. person
–
Print or type.

See Specific Instructions on page 3.

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Section 5, Item H.

Form W-9 (Rev. 3-2024) Page 2
must obtain your correct taxpayer identification number (TIN), which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following.
• Form 1099-INT (interest earned or paid).
• Form 1099-DIV (dividends, including those from stocks or mutual funds).
• Form 1099-MISC (various types of income, prizes, awards, or gross proceeds).
• Form 1099-NEC (nonemployee compensation).
• Form 1099-B (stock or mutual fund sales and certain other transactions by brokers).
• Form 1099-S (proceeds from real estate transactions). • Form 1099-K (merchant card and third-party network transactions). • Form 1098 (home mortgage interest), 1098-E (student loan interest), and 1098-T (tuition).
• Form 1099-C (canceled debt).
• Form 1099-A (acquisition or abandonment of secured property).

Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN.

Caution: If you don’t return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later.

By signing the filled-out form, you:

1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued);

2. Certify that you are not subject to backup withholding; or

3. Claim exemption from backup withholding if you are a U.S. exempt payee; and

4. Certify to your non-foreign status for purposes of withholding under chapter 3 or 4 of the Code (if applicable); and

5. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting is correct. See What Is FATCA Reporting, later, for further information.

Note: If you are a U.S. person and a requester gives you a form other than Form W-9 to request your TIN, you must use the requester’s form if it is substantially similar to this Form W-9.

Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are:
• An individual who is a U.S. citizen or U.S. resident alien; • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States; • An estate (other than a foreign estate); or
• A domestic trust (as defined in Regulations section 301.7701-7).

Establishing U.S. status for purposes of chapter 3 and chapter 4 withholding. Payments made to foreign persons, including certain distributions, allocations of income, or transfers of sales proceeds, may be subject to withholding under chapter 3 or chapter 4 of the Code (sections 1441–1474). Under those rules, if a Form W-9 or other certification of non-foreign status has not been received, a withholding agent, transferee, or partnership (payor) generally applies presumption rules that may require the payor to withhold applicable tax from the recipient, owner, transferor, or partner (payee). See Pub. 515, Withholding of Tax on Nonresident Aliens and Foreign Entities.

The following persons must provide Form W-9 to the payor for purposes of establishing its non-foreign status.
• In the case of a disregarded entity with a U.S. owner, the U.S. owner of the disregarded entity and not the disregarded entity. • In the case of a grantor trust with a U.S. grantor or other U.S. owner, generally, the U.S. grantor or other U.S. owner of the grantor trust and not the grantor trust.
• In the case of a U.S. trust (other than a grantor trust), the U.S. trust and not the beneficiaries of the trust.

See Pub. 515 for more information on providing a Form W-9 or a certification of non-foreign status to avoid withholding.

Foreign person. If you are a foreign person or the U.S. branch of a foreign bank that has elected to be treated as a U.S. person (under Regulations section 1.1441-1(b)(2)(iv) or other applicable section for chapter 3 or 4 purposes), do not use Form W-9. Instead, use the appropriate Form W-8 or Form 8233 (see Pub. 515). If you are a qualified foreign pension fund under Regulations section 1.897(l)-1(d), or a partnership that is wholly owned by qualified foreign pension funds, that is treated as a non-foreign person for purposes of section 1445 withholding, do not use Form W-9. Instead, use Form W-8EXP (or other certification of non-foreign status).

Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a saving clause. Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the payee has otherwise become a U.S. resident alien for tax purposes.

If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement to Form W-9 that specifies the following five items.

1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien.

2. The treaty article addressing the income.

3. The article number (or location) in the tax treaty that contains the saving clause and its exceptions.

4. The type and amount of income that qualifies for the exemption from tax.

5. Sufficient facts to justify the exemption from tax under the terms of the treaty article.

Example. Article 20 of the U.S.-China income tax treaty allows an exemption from tax for scholarship income received by a Chinese student temporarily present in the United States. Under U.S. law, this student will become a resident alien for tax purposes if their stay in the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States. A Chinese student who qualifies for this exception (under paragraph 2 of the first Protocol) and is relying on this exception to claim an exemption from tax on their scholarship or fellowship income would attach to Form W-9 a statement that includes the information described above to support that exemption.

If you are a nonresident alien or a foreign entity, give the requester the appropriate completed Form W-8 or Form 8233.

Backup Withholding
What is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS 24% of such payments. This is called “backup withholding.” Payments that may be subject to backup withholding include, but are not limited to, interest, tax-exempt interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, payments made in settlement of payment card and third-party network transactions, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding.

You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and dividends on your tax return.

Payments you receive will be subject to backup withholding if:

1. You do not furnish your TIN to the requester;

2. You do not certify your TIN when required (see the instructions for Part II for details);

3. The IRS tells the requester that you furnished an incorrect TIN;

4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only); or

5. You do not certify to the requester that you are not subject to backup withholding, as described in item 4 under “By signing the filledout form” above (for reportable interest and dividend accounts opened after 1983 only).

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Certain payees and payments are exempt from backup withholding.

See Exempt payee code, later, and the separate Instructions for the Requester of Form W-9 for more information.

See also Establishing U.S. status for purposes of chapter 3 and chapter 4 withholding, earlier.

What Is FATCA Reporting?
The Foreign Account Tax Compliance Act (FATCA) requires a participating foreign financial institution to report all U.S. account holders that are specified U.S. persons. Certain payees are exempt from FATCA reporting. See Exemption from FATCA reporting code, later, and the Instructions for the Requester of Form W-9 for more information.

Updating Your Information
You must provide updated information to any person to whom you claimed to be an exempt payee if you are no longer an exempt payee and anticipate receiving reportable payments in the future from this person. For example, you may need to provide updated information if you are a C corporation that elects to be an S corporation, or if you are no longer tax exempt. In addition, you must furnish a new Form W-9 if the name or TIN changes for the account, for example, if the grantor of a grantor trust dies.

Penalties
Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect.

Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty.

Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment.

Misuse of TINs. If the requester discloses or uses TINs in violation of federal law, the requester may be subject to civil and criminal penalties.

Specific Instructions
Line 1
You must enter one of the following on this line; do not leave this line blank. The name should match the name on your tax return.

If this Form W-9 is for a joint account (other than an account maintained by a foreign financial institution (FFI)), list first, and then circle, the name of the person or entity whose number you entered in Part I of Form W-9. If you are providing Form W-9 to an FFI to document a joint account, each holder of the account that is a U.S. person must provide a Form W-9.
• Individual. Generally, enter the name shown on your tax return. If you have changed your last name without informing the Social Security Administration (SSA) of the name change, enter your first name, the last name as shown on your social security card, and your new last name.

Note for ITIN applicant: Enter your individual name as it was entered on your Form W-7 application, line 1a. This should also be the same as the name you entered on the Form 1040 you filed with your application. • Sole proprietor. Enter your individual name as shown on your Form 1040 on line 1. Enter your business, trade, or “doing business as” (DBA) name on line 2.
• Partnership, C corporation, S corporation, or LLC, other than a disregarded entity. Enter the entity’s name as shown on the entity’s tax return on line 1 and any business, trade, or DBA name on line 2. • Other entities. Enter your name as shown on required U.S. federal tax documents on line 1. This name should match the name shown on the charter or other legal document creating the entity. Enter any business, trade, or DBA name on line 2.
• Disregarded entity. In general, a business entity that has a single owner, including an LLC, and is not a corporation, is disregarded as an entity separate from its owner (a disregarded entity). See Regulations section 301.7701-2(c)(2). A disregarded entity should check the appropriate box for the tax classification of its owner. Enter the owner’s name on line 1. The name of the owner entered on line 1 should never be a disregarded entity. The name on line 1 should be the name shown on the income tax return on which the income should be reported. For example, if a foreign LLC that is treated as a disregarded entity for U.S. federal tax purposes has a single owner that is a U.S. person, the U.S. owner’s name is required to be provided on line 1. If the direct owner of the entity is also a disregarded entity, enter the first owner that is not disregarded for federal tax purposes. Enter the disregarded entity’s name on line 2. If the owner of the disregarded entity is a foreign person, the owner must complete an appropriate Form W-8 instead of a Form W-9. This is the case even if the foreign person has a U.S. TIN.

Line 2
If you have a business name, trade name, DBA name, or disregarded entity name, enter it on line 2.

Line 3a
Check the appropriate box on line 3a for the U.S. federal tax classification of the person whose name is entered on line 1. Check only one box on line 3a.

IF the entity/individual on line 1
is a(n) . . .

THEN check the box for . . .
• Corporation Corporation.
• Individual or
• Sole proprietorship
Individual/sole proprietor.
• LLC classified as a partnership
for U.S. federal tax purposes or
• LLC that has filed Form 8832 or
2553 electing to be taxed as a
corporation
Limited liability company and
enter the appropriate tax
classification:

P = Partnership,
C = C corporation, or
S = S corporation.
• Partnership Partnership.
• Trust/estate Trust/estate.

Line 3b
Check this box if you are a partnership (including an LLC classified as a partnership for U.S. federal tax purposes), trust, or estate that has any foreign partners, owners, or beneficiaries, and you are providing this form to a partnership, trust, or estate, in which you have an ownership interest. You must check the box on line 3b if you receive a Form W-8 (or documentary evidence) from any partner, owner, or beneficiary establishing foreign status or if you receive a Form W-9 from any partner, owner, or beneficiary that has checked the box on line 3b.

Note: A partnership that provides a Form W-9 and checks box 3b may be required to complete Schedules K-2 and K-3 (Form 1065). For more information, see the Partnership Instructions for Schedules K-2 and K-3 (Form 1065).

If you are required to complete line 3b but fail to do so, you may not receive the information necessary to file a correct information return with the IRS or furnish a correct payee statement to your partners or beneficiaries. See, for example, sections 6698, 6722, and 6724 for penalties that may apply.

Line 4 Exemptions
If you are exempt from backup withholding and/or FATCA reporting, enter in the appropriate space on line 4 any code(s) that may apply to you.

Exempt payee code.
• Generally, individuals (including sole proprietors) are not exempt from backup withholding.
• Except as provided below, corporations are exempt from backup withholding for certain payments, including interest and dividends. • Corporations are not exempt from backup withholding for payments made in settlement of payment card or third-party network transactions. • Corporations are not exempt from backup withholding with respect to attorneys’ fees or gross proceeds paid to attorneys, and corporations that provide medical or health care services are not exempt with respect to payments reportable on Form 1099-MISC.

The following codes identify payees that are exempt from backup withholding. Enter the appropriate code in the space on line 4. 1—An organization exempt from tax under section 501(a), any IRA, or a custodial account under section 403(b)(7) if the account satisfies the requirements of section 401(f)(2).

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2—The United States or any of its agencies or instrumentalities. 3—A state, the District of Columbia, a U.S. commonwealth or territory, or any of their political subdivisions or instrumentalities. 4—A foreign government or any of its political subdivisions, agencies, or instrumentalities.
5—A corporation.
6—A dealer in securities or commodities required to register in the United States, the District of Columbia, or a U.S. commonwealth or territory.
7—A futures commission merchant registered with the Commodity Futures Trading Commission.
8—A real estate investment trust.
9—An entity registered at all times during the tax year under the Investment Company Act of 1940.
10—A common trust fund operated by a bank under section 584(a). 11—A financial institution as defined under section 581. 12—A middleman known in the investment community as a nominee or custodian.
13—A trust exempt from tax under section 664 or described in section 4947.

The following chart shows types of payments that may be exempt from backup withholding. The chart applies to the exempt payees listed above, 1 through 13.

IF the payment is for . . . THEN the payment is exempt
for . . .
• Interest and dividend payments All exempt payees except for 7.
• Broker transactions Exempt payees 1 through 4 and 6
through 11 and all C corporations.

S corporations must not enter an
exempt payee code because they
are exempt only for sales of
noncovered securities acquired
prior to 2012.
• Barter exchange transactions
and patronage dividends
Exempt payees 1 through 4.
• Payments over $600 required to
be reported and direct sales over
$5,0001
Generally, exempt payees
1 through 5.2
• Payments made in settlement of
payment card or third-party
network transactions
Exempt payees 1 through 4.
1See Form 1099-MISC, Miscellaneous Information, and its instructions. 2 However, the following payments made to a corporation and reportable on Form 1099-MISC are not exempt from backup withholding: medical and health care payments, attorneys’ fees, gross proceeds paid to an attorney reportable under section 6045(f), and payments for services paid by a federal executive agency.

Exemption from FATCA reporting code. The following codes identify payees that are exempt from reporting under FATCA. These codes apply to persons submitting this form for accounts maintained outside of the United States by certain foreign financial institutions. Therefore, if you are only submitting this form for an account you hold in the United States, you may leave this field blank. Consult with the person requesting this form if you are uncertain if the financial institution is subject to these requirements. A requester may indicate that a code is not required by providing you with a Form W-9 with “Not Applicable” (or any similar indication) entered on the line for a FATCA exemption code.

A—An organization exempt from tax under section 501(a) or any individual retirement plan as defined in section 7701(a)(37).

B—The United States or any of its agencies or instrumentalities.

C—A state, the District of Columbia, a U.S. commonwealth or territory, or any of their political subdivisions or instrumentalities.

D—A corporation the stock of which is regularly traded on one or more established securities markets, as described in Regulations section 1.1472-1(c)(1)(i).

E—A corporation that is a member of the same expanded affiliated group as a corporation described in Regulations section 1.1472-1(c)(1)(i).

F—A dealer in securities, commodities, or derivative financial instruments (including notional principal contracts, futures, forwards, and options) that is registered as such under the laws of the United States or any state.

G—A real estate investment trust.

H—A regulated investment company as defined in section 851 or an entity registered at all times during the tax year under the Investment Company Act of 1940.

I—A common trust fund as defined in section 584(a). J—
A bank as defined in section 581.

K—A broker.

L—A trust exempt from tax under section 664 or described in section 4947(a)(1).

M—A tax-exempt trust under a section 403(b) plan or section 457(g) plan.

Note: You may wish to consult with the financial institution requesting this form to determine whether the FATCA code and/or exempt payee code should be completed.

Line 5
Enter your address (number, street, and apartment or suite number).

This is where the requester of this Form W-9 will mail your information returns. If this address differs from the one the requester already has on file, enter “NEW” at the top. If a new address is provided, there is still a chance the old address will be used until the payor changes your address in their records.

Line 6
Enter your city, state, and ZIP code.

Part I. Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. If you are a resident alien and you do not have, and are not eligible to get, an SSN, your TIN is your IRS ITIN. Enter it in the entry space for the Social security number. If you do not have an ITIN, see How to get a TIN below.

If you are a sole proprietor and you have an EIN, you may enter either your SSN or EIN.

If you are a single-member LLC that is disregarded as an entity separate from its owner, enter the owner’s SSN (or EIN, if the owner has one). If the LLC is classified as a corporation or partnership, enter the entity’s EIN.

Note: See What Name and Number To Give the Requester, later, for further clarification of name and TIN combinations.

How to get a TIN. If you do not have a TIN, apply for one immediately.

To apply for an SSN, get Form SS-5, Application for a Social Security Card, from your local SSA office or get this form online at www.SSA.gov. You may also get this form by calling 800-772-1213. Use Form W-7, Application for IRS Individual Taxpayer Identification Number, to apply for an ITIN, or Form SS-4, Application for Employer Identification Number, to apply for an EIN. You can apply for an EIN online by accessing the IRS website at www.irs.gov/EIN. Go to www.irs.gov/Forms to view, download, or print Form W-7 and/or Form SS-4. Or, you can go to www.irs.gov/OrderForms to place an order and have Form W-7 and/or Form SS-4 mailed to you within 15 business days.

If you are asked to complete Form W-9 but do not have a TIN, apply for a TIN and enter “Applied For” in the space for the TIN, sign and date the form, and give it to the requester. For interest and dividend payments, and certain payments made with respect to readily tradable instruments, you will generally have 60 days to get a TIN and give it to the requester before you are subject to backup withholding on payments. The 60-day rule does not apply to other types of payments.

You will be subject to backup withholding on all such payments until you provide your TIN to the requester.

Note: Entering “Applied For” means that you have already applied for a TIN or that you intend to apply for one soon. See also Establishing U.S. status for purposes of chapter 3 and chapter 4 withholding, earlier, for when you may instead be subject to withholding under chapter 3 or 4 of the Code.

Caution: A disregarded U.S. entity that has a foreign owner must use the appropriate Form W-8.

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Part II. Certification
To establish to the withholding agent that you are a U.S. person, or resident alien, sign Form W-9. You may be requested to sign by the withholding agent even if item 1, 4, or 5 below indicates otherwise.

For a joint account, only the person whose TIN is shown in Part I should sign (when required). In the case of a disregarded entity, the person identified on line 1 must sign. Exempt payees, see Exempt payee code, earlier.

Signature requirements. Complete the certification as indicated in items 1 through 5 below.

1. Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1983.

You must give your correct TIN, but you do not have to sign the certification.

2. Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered inactive during 1983. You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must cross out item 2 in the certification before signing the form.

3. Real estate transactions. You must sign the certification. You may cross out item 2 of the certification.

4. Other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an incorrect TIN. “Other payments” include payments made in the course of the requester’s trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services (including payments to corporations), payments to a nonemployee for services, payments made in settlement of payment card and third-party network transactions, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (including payments to corporations).

5. Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 529), ABLE accounts (under section 529A), IRA, Coverdell ESA, Archer MSA or HSA contributions or
distributions, and pension distributions. You must give your correct TIN, but you do not have to sign the certification.

What Name and Number To Give the Requester
For this type of account: Give name and SSN of:

1. Individual The individual

2. Two or more individuals (joint account)
other than an account maintained by
an FFI
The actual owner of the account or,
if combined funds, the first individual
on the account1

3. Two or more U.S. persons
(joint account maintained by an FFI)
Each holder of the account

4. Custodial account of a minor
(Uniform Gift to Minors Act)
The minor2

5. a. The usual revocable savings trust
(grantor is also trustee)
The grantor-trustee1
b. So-called trust account that is not
a legal or valid trust under state law
The actual owner1

6. Sole proprietorship or disregarded
entity owned by an individual
The owner3

7. Grantor trust filing under Optional
Filing Method 1 (see Regulations
section 1.671-4(b)(2)(i)(A))**
The grantor*
For this type of account: Give name and EIN of:

8. Disregarded entity not owned by an
individual
The owner

9. A valid trust, estate, or pension trust Legal entity4

10. Corporation or LLC electing corporate
status on Form 8832 or Form 2553
The corporation

11. Association, club, religious, charitable,
educational, or other tax-exempt
organization
The organization

12. Partnership or multi-member LLC The partnership

13. A broker or registered nominee The broker or nominee

14. Account with the Department of
Agriculture in the name of a public
entity (such as a state or local
government, school district, or prison)
that receives agricultural program
payments
The public entity

15. Grantor trust filing Form 1041 or
under the Optional Filing Method 2,
requiring Form 1099 (see Regulations
section 1.671-4(b)(2)(i)(B))**
The trust
1 List first and circle the name of the person whose number you furnish.

If only one person on a joint account has an SSN, that person’s number must be furnished.
2Circle the minor’s name and furnish the minor’s SSN.
3You must show your individual name on line 1, and enter your business or DBA name, if any, on line 2. You may use either your SSN or EIN (if you have one), but the IRS encourages you to use your SSN. 4 List first and circle the name of the trust, estate, or pension trust. (Do not furnish the TIN of the personal representative or trustee unless the legal entity itself is not designated in the account title.) * Note: The grantor must also provide a Form W-9 to the trustee of the trust.
** For more information on optional filing methods for grantor trusts, see the Instructions for Form 1041.

Note: If no name is circled when more than one name is listed, the number will be considered to be that of the first name listed.

Secure Your Tax Records From Identity Theft
Identity theft occurs when someone uses your personal information, such as your name, SSN, or other identifying information, without your permission to commit fraud or other crimes. An identity thief may use your SSN to get a job or may file a tax return using your SSN to receive a refund.

To reduce your risk:
• Protect your SSN,
• Ensure your employer is protecting your SSN, and
• Be careful when choosing a tax return preparer.

If your tax records are affected by identity theft and you receive a notice from the IRS, respond right away to the name and phone number printed on the IRS notice or letter.

If your tax records are not currently affected by identity theft but you think you are at risk due to a lost or stolen purse or wallet, questionable credit card activity, or a questionable credit report, contact the IRS Identity Theft Hotline at 800-908-4490 or submit Form 14039.

For more information, see Pub. 5027, Identity Theft Information for Taxpayers.

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Victims of identity theft who are experiencing economic harm or a systemic problem, or are seeking help in resolving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service (TAS) assistance. You can reach TAS by calling the TAS toll-free case intake line at 877-777-4778 or TTY/TDD 800-829-4059.

Protect yourself from suspicious emails or phishing schemes.

Phishing is the creation and use of email and websites designed to mimic legitimate business emails and websites. The most common act is sending an email to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user into surrendering private information that will be used for identity theft.

The IRS does not initiate contacts with taxpayers via emails. Also, the IRS does not request personal detailed information through email or ask taxpayers for the PIN numbers, passwords, or similar secret access information for their credit card, bank, or other financial accounts.

If you receive an unsolicited email claiming to be from the IRS, forward this message to [email protected]. You may also report misuse of the IRS name, logo, or other IRS property to the Treasury Inspector General for Tax Administration (TIGTA) at 800-366-4484. You can forward suspicious emails to the Federal Trade Commission at [email protected] or report them at www.ftc.gov/complaint. You can contact the FTC at www.ftc.gov/idtheft or 877-IDTHEFT (877-438-4338).

If you have been the victim of identity theft, see www.IdentityTheft.gov and Pub. 5027.

Go to www.irs.gov/IdentityTheft to learn more about identity theft and how to reduce your risk.

Privacy Act Notice
Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons (including federal agencies) who are required to file information returns with the IRS to report interest, dividends, or certain other income paid to you; mortgage interest you paid; the acquisition or abandonment of secured property; the cancellation of debt; or contributions you made to an IRA, Archer MSA, or HSA. The person collecting this form uses the information on the form to file information returns with the IRS, reporting the above information.

Routine uses of this information include giving it to the Department of Justice for civil and criminal litigation and to cities, states, the District of Columbia, and U.S. commonwealths and territories for use in administering their laws. The information may also be disclosed to other countries under a treaty, to federal and state agencies to enforce civil and criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to file a tax return. Under section 3406, payors must generally withhold a percentage of taxable interest, dividends, and certain other payments to a payee who does not give a TIN to the payor.

Certain penalties may also apply for providing false or fraudulent information.

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Elderly Nutrition Program Exhibit A – Page 1 FY 2026-2027 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 OAA [42 USC 3001-3058]; [45 CFR 1321]; the California Code of Regulations [22 CCR 7000 et seq.]; and CDA Program Memoranda, and California Retail Food Code (CRFC). Comply with all provisions in CCR 7630- 7638.13 Elderly Nutrition Program found here:
https://www.law.cornell.edu/regulations/california/title-22/division-1.8/chapter4/article-5 B. Title III C1 Congregate Nutrition Services Nutrition services provided to older individuals in an in-person or virtual congregate setting. Services include meals, nutrition education, 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 (DGA). 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 nutrition services provided to frail, homebound, or isolated older individuals via home delivery or pickedup and consumed at their place of residence or otherwise outside of inperson or virtual congregating. Services include meals, nutrition education, and nutrition risk screening.

Each meal shall provide one-third (1/3) of the DRI and comply with the most current Dietary Guidelines for Americans. [22 CCR 7135, 22 CCR 7638.7(c)] D. Eligible Service Population: is defined as individuals sixty (60) years of age Docusign Envelope ID: F4DEB999-372A-88A3-8213-C3AAFAF9EC78 154
Section 5, Item H.

Elderly Nutrition Program Exhibit A – Page 2 FY 2026-2027 Site Management
or older, with emphasis on those in greatest economic and social need with particular attention to low-income minority older individuals, older individuals with LEP, and older individuals residing in rural areas. . [OAA § 305 (a)(2)(E); 22 CCR 7125, 7127, 7130, 7135]
a. Individuals eligible to receive a meal at a congregate nutrition site are:
i. Any older individual
ii. The spouse of any older individual
iii. A person with a disability, under age sixty (60) who resides in house facilities occupied primarily by older individuals as which congregate nutrition services are
provided.
iv. A disabled individual who resides at home with an
accompanies an older individual who participates in the program.
v. A volunteer under age sixty (60), if doing so will not deprive an older individual age sixty (60) or older of a meal. [CCR 7636.9(b)(3); CCR 7638.7(b); and OAA
339(H)]
b. Individuals eligible to receive a home-delivered meal are individuals who are:
i. Frail as defined by 22 CCR 7119, homebound by reason of illness or disability, or otherwise isolated. (These individuals shall be given priority in the delivery of
services.) [45 Code of Federal Regulations (CFR)
1321.69(a)].
ii. A spouse of a person defined in 22 CCR 7638.7(c)(2), regardless of age or condition, if an assessment
concludes that is in the best interest of the homebound older individual.
iii. An individual with 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.

E. Site Management is defined as 1) oversight and responsibility for the day-today 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 Docusign Envelope ID: F4DEB999-372A-88A3-8213-C3AAFAF9EC78 155
Section 5, Item H.

Elderly Nutrition Program Exhibit A – Page 3 FY 2026-2027 Site Management
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 facilities, found in Section 113700 et seq., California Health and Safety Code.

G. Urban, all territory, population, and housing units in urban areas, which include urbanized areas and urban clusters. An urban area generally consists of a large central place and adjacent densely settled census blocks that together have a total population of at least 2,500 for urban clusters, or at least 50,000 for urbanized areas. Urban classification cuts across other hierarchies and can be in metropolitan or non-metropolitan areas.

H. Rural: All territory, population ad housing units not classified as urban. The rural classification cuts across other hierarchies and can be in metropolitan or non-metropolitan areas.

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 a condition attributable to mental or physical impairment, or a combination of mental and physical impairments, that results in substantial functional limitations in one (1) or more of the following areas of major life activity: (1) Self-Care, (2) Receptive and expressive language, (3) Learning, (4) Mobility, (5) Self-Direction, (6) Capacity for independent living, (7) Economic self-sufficiency (8) Cognitive functioning (9) Emotional Adjustment. Title 22 CCR 7630 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 Docusign Envelope ID: F4DEB999-372A-88A3-8213-C3AAFAF9EC78 156
Section 5, Item H.

Elderly Nutrition Program Exhibit A – Page 4 FY 2026-2027 Site Management
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.
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 HomeDelivered (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;
Docusign Envelope ID: F4DEB999-372A-88A3-8213-C3AAFAF9EC78 157
Section 5, Item H.

Elderly Nutrition Program Exhibit A – Page 5 FY 2026-2027 Site Management
e. Maintain separate and verifiable records of all program income and expenses for Congregate (C1) and Home-Delivered (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 in-home 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.
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 and paid staff, as needed to provide incenter 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;
Docusign Envelope ID: F4DEB999-372A-88A3-8213-C3AAFAF9EC78 158
Section 5, Item H.

Elderly Nutrition Program Exhibit A – Page 6 FY 2026-2027 Site Management
o. Not preclude the service of a congregate meal to a participant who has failed to make a reservation, when food is available; p. There shall be, at a minimum, a manger, and a paid staff or volunteer, designated to be responsible for the day-to-day activities at each congregate meal site, and physically be onsite during the time that Elderly Nutrition Program activities are taking place;
q. Have restrooms, lighting, and ventilation which meet the requirements of the CURFFL;
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.
v. Ensure that an eligible individual who receives a meal is given the opportunity to voluntarily contribute to the cost of the meal. w. Post-signage indicating the suggested contribution for eligible individuals, and the guest fee for non-eligible individuals near the contribution container at each congregate meal site. The guest fee shall cover all meal costs.

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 Docusign Envelope ID: F4DEB999-372A-88A3-8213-C3AAFAF9EC78 159
Section 5, Item H.

Elderly Nutrition Program Exhibit A – Page 7 FY 2026-2027 Site Management
verify the accuracy of their data prior to submission to the FresnoMadera Area Agency on Aging.

5. Ensure that recognition on menus, brochures, letters and other forms of promotion state that the Elderly Nutrition Program is supported through funds of the Fresno-Madera Area Agency on Aging.

III. 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 and
Friday after Thanksgiving
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
Docusign Envelope ID: F4DEB999-372A-88A3-8213-C3AAFAF9EC78 160
Section 5, Item H.

Exhibit B Instructions Page 1 of 10 FY 2026-2027
Exhibit B
Instructions
Please review all instructions before preparing the budget.

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

Page 1 ends

Kerman City CouncilAugust 12, 2026

Kerman City Council
August 12, 2026