Agenda — Kingsburg City Council, January 18, 2023 (part 2 of 2)

BXHIBIT D

INSURANCE REQUIREMENTS
GRANTEE must provide and maintain insurance for the duration of this Agreement against claims for injuries to persons and damage to property which may arise from, or in connection with, perfonnance of the Agreement by the GRANTEE, its agents, representatives, employees or subcontractors, if applicable.

A. Minimum Scope & Limits of Insurance
l. Coverage at least as broad as Commercial General Liability Insurance of one million dollars ($1,000,000) combined single limit per occurrence. If the annual agglegate applies it must be no less than two million dollars ($2,000,000).

2. Comprehensive Automobile Liability Insurance (if applicable) of $ 1,000,000 per occurrence.

3. Workers' Compensation and Employer's Liability Insurance as required by law.

4. Professional Errors and Omissions Insurance of $1,000,000 (unless expressly waived by DISTRICT's Risk Manager).

5. Work and Materials Insurance (if applicable).
a. For up to twenty-five thousand dollars ($25,000) for any loss on contfacts for remodeling, renovation, alterations or maintenance of existing buildings.
b. For 1007o of the contract value for all bridge construction and new construction up to two hundred thousand dollars ($250,000).

See District Manager for construction over $250,000.

B. Specific Provisions of the Certificate
l. The Certificate of Insurance for General Liability, Comprehensive Automobile Liability Insurance and Professional Errors and Omissions Insurance must satisfy the following requirements:
a. Name the DISTRICT, its officers, agents, employees and volunteers, individually and collectively, as additional insuredsApproved by Board of Directors l2llll20l9

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b. State that such Insurance for additional insureds shall apply as primary insurance and any other insurance maintained by DISTRICT shall be excess.
c. Provide that coverage shall not be suspended, voided, canceled, reduced in coverage, or otherwise materially changed except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the DISTRICT.

2. The Certificate of Insurance for Workers Compensation, must include the following waiver of subrogation:
a. Waiver of Subrogation: "[GRANTEE] waives all rights
against the DISTRICT and its agents, officers, and employees for recovery of damages to the extent such damages are covered by the workers' compensation and employer's liability insurance.'o C. Deductibles and Self-Insured Retentions
The DISTRICT's District Manager must approve in writing any deductible or self-insured retention that exceeds one hundred thousand dollars ($100,000).

D. Acceptability of Insurance
Insurance must be placed with insurers with a current rating given by A.M.

Best and Company of no less than A (-) from a company admitted to do business in California, any waiver of these standards are subject to approval by the DISTRICT or its District Manager or designee.

E. Verification of Coverage
Prior to approval of the agreement for this Project by the DISTRICT, the GRANTEE shall file with the Board Secretary, certificates of insurance with original endorsements effecting coverage in a form acceptable to the DISTRICT.

The DISTRICT reserves the right to require certified copies of all required insurance policies at any time.

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KINGSBURG TRI.COUNTY HEALTH CARE DTSTRICT

GRANT POLICY, PROCEDURBS, GUIDELINES AND FORMS

1. Scope and Apolication
These materials constitute the Kingsburg Tri-County Health Care District's ("District" or "KTHCD") grant policy, procedures, guidelines and mandated fbrms (the "Policy") tbr grant applications and grant awards, except in awards involving less than an aggregate of $10,000 if the District's governing Board of Directors ("Board") expressly finds, based upon substantial evidence, good cause to waive to any degree the requirements and/or procedures found herein without substantially compromising the objectives and goals of this Policy. The Board shall not regularly waive the requirements and procedures of this Policy, particularly where full compliance is reasonably achievable in the absence of extraordinary circumstances. This Policy is intended to apply prospectively only to all new grant awards and shall not apply to grant awards which were previously approved by the Board, even if any such prior grants award has not been fully disbursed.

Grant awards shall be for any purpose allowed by state law, including to provide assistance in the operation of free clinics, diagnostic and testing centers, health education programs, wellness and prevention programs, rehabilitation, aftercare and any other health care services provider, groups and organizations, which are necessary for the maintenance of good physical and mental health in the communities served by the District. This also includes providing assistance in the operation of, one or more health lacilities or health services, including, but not limited to: outpatient programs, services, and facilities; retirement programs, services and facilities; chemical dependency programs, services and facilities; or other health care programs, services and facilities and activities at any location within or outside of the District, for the benefit of the District and the people served by the District. For purposes of this Policy, t'health services and programstt refers to these and all other services and programs which can lawfully be tunded by the District.

The amount of each grant awarded will, in part, be based upon the amount of funds available to the District for such purposes at the time of the grant award. The District shall not disburse any grant funds without a written grant agreement having been duly approved and signed by both the grantee and the District. The District may at any time withdraw any grant award without cause before a written grant agreement is signed by the grantee and the District.

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2. Policv Review and Apnroval
This Policy, adopted by Board of Directors resolution, will be reviewed biennially by the Board of Directors or designated committee to ensure it remains current and complies with all applicable laws. It is the intention of the Board that any modifications to this Policy will be reviewed and approved by the Board, unless otherwise directed by the Board in writing. Any and all modifications to this Policy must be adopted by Board resolution.

3. Obiectives and Goals
This Policy is intended to comply with section 32139 of the California Health and Safety Code and to accomplish each of the following objectives:

A. Improve access to health services and programs, enhance the health of the community and improve health knowledge and education of residents of the District at little, no or reduced cost to them.

B. Attracting highly qualified grant applicants.

C. Ensuring a sufficient nexus between the allocation of grant funding and the health care mission of the District, which is to foster quality health services and programs which benefit the residents of the District.

D. Implementation of a sufficient process to ensure awarded grant funding is spent consistently with the grant application and the health care mission of the District.

E. Build sufficient capacity in local organizations which are effective in responding to the health needs within the District.

F. Ensure compliance with all applicable federal and state laws.

4. Overview of Grant Application and Award Process
Unless another deadline is set by action of the Board, each year in January the Board shall approve a list of needed health services and programs which grant applicants can focus upon in applying for grant funding. Additionally, or alternatively, the Board may at any time solicit proposals tbr any specific health Approved by Board of Directors l2llll20l9

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services and programs by issuing a Request For Proposals with additional and/or different requirements than those specified within this Policy. In approving a list of needed health services and programs, the Board shall consider all oral and written input received from the District's residents prior to and during the meeting at which the list is approved, including any District survey results, if any, advisory committee recommendations and publicly available information and statistics.

Each year, or May I or, if that date occurs on a weekend or legal holiday, the first business day thereafter, shall be the deadline for the District to actually receive grant applications for the health services and programs identified by the Board, if any, or other health services and programs which the applicant desires to have funded. This shall also be the deadline for the District to receive all proposals in response to any Request For Proposals issued and posted at least thirty (30) days prior to the deadline, if no deadline is specified. Responses to each Request For Proposals must also be accompanied by, or be submitted in the form of, a formal grant application, unless otherwise indicated within the Request For Proposals. For any Request For Proposals issued less than thirty (30) days before lhe grant application deadline, if no deadline is specified, then the deadline for the District's actual receipt of an applicant's proposal and grant application shall be the later of the deadline subsequently set by the District (if any) or thirty (30) days after issuance or, if that deadline date occurs on a weekend or legal holiday, the first business day thereafter. Applications received aller the deadline shall be discarded or returned unless the Board in its sole and absolute discretion waives the untimeliness.

The Board shall act on grant applications within June of each year, unless the Board takes action to set a different schedule or to extend the time within which to act on applications. The Board may at any time, fbr all or any particular grant application(s), require or waive an oral and/or in*person presentation to the Board by the grant applicant, as a prerequisite to acting upon their grant application.

Pursuant to Health and Safety Code $ 32139(c)(5), all applicants are prohibited from meeting individually with a District Board member, officer or staff member regarding their future or pending grant application, other than to inquire about the District's grant program and grant process in general and related deadlines. That restriction shall not apply to any District staff member designated by the Board to provide technical assistance on the grant application process. Each grant awarded shall be for one or more fiscal years, which shall coincide with the District's fiscal year which begins each July l.

Notification of grant awards shall be made by both U.S. mail and either email or facsimile. Notification by email or facsimile shall be deemed received by the grantee on the first business day afler successful transmission. No later than ten Approved by Board of Directors l2llll20l9

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(10) business days after receipt of written notification of an award of grant funds, the grantee must agree to the terms of, and duly sign, the District's grant agreement in the form attached to this Policy as APPENDIX B. If the grantee does not timely agree to the terms of the grant agreement within APPENDIX B, the grantee shall be deemed to have waived their grant award, the District shall not be authorized to distribute any gfant funds to that grantee and may reconsider any other grant application for a grant award. Any written request by a grantee to renegotiate any of the terms of APPENDIX B shall be deemed an immediate voluntary waiver of the grantee's grant award, unless the District's Board expressly grants relief from such waiver.

The Board is the final authority in determining the amount of funding to be provided and therefore the amount of grant funding awarded may be more or less than that requested in any application.

5. Selection Criteria and Process
The Board is the final authority in accepting the eligibility of applicants for grant assistance. Grant applications will be reviewed by the Board or its designee, which may include a Board committee and/or consultant, who shall initially consider: the amount of funding as it relates to the scope of the health service or program proposed; the most cost-effective use of District resources; and the probable impact of the proposed health service or program. This initial review shall be undertaken for the purpose of making recommendations to the Board who shall make a final decision in its sole and absolute discretion based upon these and other relevant criteria. The additional criteria which must be considered both in fbrmulating initial recommendations to the Board and by the Board in making a final decision shall include but is not limited to:

A. Competence and Commitment: Whether the applicant has demonstrated a record of sufficient competence and capacity to address identified health needs, including a strong commitment of service to the residenls of the District.

B. Scope of Service or Program: The anticipated number of individuals to be served and volume of services to be provided, including the degree to which the health service or program will focus on underserved populations, address health disparities and achieve particular types of health needs identified by the District during the present grant cycle, if any.

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C. Measurability of Results: Whether the service or program includes elements which document metrics and other information which can be utilized to evaluate the service or program, including use of evaluative tools such as surveys, case management forms and registriesD. Budget: Whether the applicant included detailed and realislic budget based upon known costs, including actual quotes from third-party providers of goods, services and facilities.

E. Matching Funds: The amount of matching funds the applicant will commit for the health service or program proposed.

F. Applicant's Financial Need and Other Sources of Funding: Whether the applicant can demonstrate a financial need or hardship and has identified all other sources of funding (e.g. grant and operational) available for the health service or program proposed.

G. Sustainment of Service or Program: S/hether the applicant has or can develop reliable sources of future revenues in order to sustain the health service or program proposed on an ongoing basis and with less or no further funding from the District. Except in particular cases where the Board has otherwise approved a specific resolution to the contrary, the District does not provide long-term, permanent, annual or recurring grant funding for any health service or program. Therefore, grant applicants who have the financial and organizational potential to sustain a project after the District's funding has ended will tend to have a greater chance of being awarded grant funding.

H, Corporate Status: Whether the grant applicant is a governmental entity, non-profit corporation or for-profit organization, and whether the grant applicant can demonstrate the degree to which it meets the needs of underserved individuals and communities. Grant funds shall not be awarded to foreign governments, corporations, individuals and unincorporated or unregistered associations or entities. Entity status must be in good standing with state and local governments. For-profit organizations shall not qualify for grant funding unless they are a sole-source for a particular health service or program which is in significant demand within the District or can clearly demonstrate that they can provide a desired health service or program at a significantly lower cost than their non-profit and government iompetitors. A grant application shall not be denied solely on the ground that the applicant is a government agency.

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I. Whether the applicant and/or the proposed health service or program is or will be integrated with a public or private provider network within the District.

J. Nature of Service or Program: Whether the grant will focus on direct health services, preventative care or proglams, wellness progfams or educational programs.

K. Sponsorships of Charitable Events: Whether the charitable event is anticipated to provide a benefit to the residents of the District, such as raising funding for one or more free or low-cost health services and programs for District residents, wellness activities or health education and training.

L. Grants to Prior Grant Recipients; The number of prior grants awarded to applicant, or a related entity of an applicant, shall be considered by the District but shall not be the sole disqualifying factor when the applicant seeks funding for a health service or program which is materially different from one which was previously funded through the applicant.

M. Whether the grant funding will be used to supplement or provide operating support for the provision of health services and programs, as opposed to use for capital improvement costs (of another governmental agency).

N. Other factors which may be raised by the public or other Board members prior to the Board reaching a decision on the grant application. Unless the Board meets and takes action to limit the total number of potential grant recipients in any given fiscal yeaf (based upon projected available revenues), the Board may award a grant to multiple grantees, not to exceed the total budgeted allocation of grant funds for that l-rscal year.

6. Frohibited Uses of Grant Funds
Grant funds awarded by the District must not be used for any of the following A. Capital Improvements: Non-profit and other private grantees shall not use any grant proceeds to fund construction of improvements to real property, including major fixtures. Only governmental entities who received a grant award may use grant funding for capital improvements provided that the tacilities are and remain publicly owned and the grantee agrees to record appropriate real property covenants, conditions and restrictions which Approved by Board of Directors l2llll20l9

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prohibit the sale or transfer of any interest in that real property to any private person or entity and restricts the use of the real property for purposes other than those identified within the grant application and award, for an appropriate period of time not less than twenty-five (25) years.

3. Matching Funds: Grant funds awarded by the District shall not be used as matching funds for other grants unless all of the funding from the other grant(s) shall be expended entirely within the boundaries of the District.

C. Administrative Costs: To pay fbr cost of administration of the grant, including any outside audit which might be required, exceeding ten percent (llVo) of the total grant award.

D. Supplanting Existing Funds From Any Source: The District prohibits recipients of District grant funds from replacing federal, state, local or their own t'unds with District grant funds. Existing funds for health services and programs and its activities must not be displaced by District grant funds and reallocated for other organizational expenses. However, supplementing, that is, adding District grant tunds to what is available in federal, state, local or grantee funds, is acceptable. The District reserves the right to expressly waive this restriction in its sole and absolute discretion.

E. Lobbying or other direct or indirect expenditure for activities which support, advocate or influence any election.

F. Awards to private or corporate grant-making foundations.

G. Awards to start or increase an endowment fund.

H. To satisfy or otherwise retire a previously incurred debt.

I Purely scientific or non-trial research
J. Grants for religious activities. This does not preclude organizations from applying for grant funding for qualifying non-religious health services and programs.

K. Other activities which the District specifies in a grant award letter or grant agreement.

7. Contents of Grant Annlications
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Each applicant for District grant funding must submit an application which includes but is not limited to the District's standard grant application form found in APPENDIX A to this Policy. All sections of the application form must be completed. Any attachments must be referenced or incorporated into the application form.

Each grant application shall be reviewed by the District to determine whether it provides the information and documentation required by this Policy. At a minimum, each grant application must include:

A. Basic Background: A brief description of the applicant's organization including a list of the members of its governing body, officers and an organization chart which shows all affiliates and the internal management structure of the applicant. An "affiliate" includes: (i) a corporation which directly (or indirectly through one or more intermediaries) controls, is controlled by or is under common control with the applicant (such as a subsidiary, parent or sister cotporation); and (ii) each partnership in which the applicant, or any atfiliate of the applicant, is a partner. For non-profits, a copy of the organization's formal tax-exemption determination letters from the Internal Revenue Service ("IRS") and the California Franchise Tax Board must be included.

B. Other Affiliations: A list of all affiliations with for-profit entities, if any. "Affiliation" means an association or working relationship between the applicant and any for-profit entity for the provision of services by, for or on behalf of the applicant. An affiliation under this Policy does not include donations and other voluntary contributions (whether monetary or in-kind) to the applicant, or the provision of routine support services, such as utilities, purchase of routine supplies, banking or financial services by commercial banks or lenders, accounting or legal services, or commercial leases of space or equipment"
C. Collaborator Statements: Letters of commitment fiom each and all other organizations which intend to collaborate on the proposed health services or program, including their statements of organizational, financial and/or staff commitments.

D. Amount Requested: The amount of grant funding requested.

E. Existing Services/Progranrs: A brief summary of the existing services and programs provided by the applicant.

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F. Proposed ServicelProgram: A description of the service or program proposed by the grant applicant, including its primary goals and objectives.

G. Past and Future Budgets and Financials: The total budgeted operational and capital cost^s for the health service of program for the three (3) preceding years, audited financial statements for the three (3) preceding year, a projected budget for the year which is in progress and a proposed budget for those portions of &e health service or program to be funded with any portion of an award of District grant funding. All operational and capital uses of grant funds must be identified.

H. Annual Audit Report: A copy of the applicant's most three (3) recent independent audit (including management letters) and, for non-profits, the most recent IRS Form 990.

I. Grant Period: Each grant application must have a proposed grant period within which grant funds would be expended, though the actual term of a grant award may vary from that period, including a timetable tbr the payment and use of grant proceeds which takes into account anticipated changes in the grant program, if any, during the grant period. For example, if the proposed service or program involves minor children who attend public schools which do not have summer sessions, the impact of that change should be anticipated.

J. Prior Debarment or Cancellation: Each grant application must disclose whether the grant applicant has ever excluded from applying for contracts and/or grants from any federal, State of local governmental entity, including: identity of the debarring agency; relevant dates of debarment; and an explanation of why each debarment occurred.

K. Governing Body Resolution: If the applicant is not an individual, a resolution from the applicant's governing body, authorizing the signing of the grant application and the signing of the standard grant agreement (see APPENDIX B), if a grant award is approved by the District, once it is finalized with the details of the grant.

L. Signature: Certification that the applicant has entirely read this Policy and the standard grant agreement attached as APPENDIX B, agrees to the terms and conditions in both and, if awarded a grant, will execute the standard grant agreement once it is t-rnalized with the details of the grant award.

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8. Grant Conditions
Each award of District grant funds is subject to the following conditions and any failure to satisfy any of them shall entitle the District to both withhold future disbursements of grant funding and the return of all grant funding already disbursed:

A. Non-Discrimination: Each applicant and grantee must not engage in any form of discrimination which inconsistent with its tax-exempt status (if applicable) or with federal, state and local civil rights laws and ordinances.

B. Corporate Status: Maintain in good standing the same tax-exempt, public agency or other cor?orate status which is noted in the grant application during the entire grant period.

C. Permits, Licensing and/or Registrations: Maintain all required govemmental registrations, licenses, permits and approvals for the grantee's organization, staff and health services or program during the grant application process and throughout the entire grant period.

D. Attribution: Each grantee must comply with the District's attribution requirements for grant funds, which is attached to the standard grant agreement attached as APPENDIX B.

E. Operations: Implement the grant funded health service or program in a manner designed to avoid or reduce duplication of effort and in the manner described by in the grant application and grant award.

F. Distribution of Grant Fundsl Unless the Board provides otherwise by resolution, the District's plan for distribution of grant funds shall be to include a schedule of payments within each grant agreement.

G. Other Conditions: Based upon the type of grantee, the nature of the health service or program funded or other relevant factors, the District may impose other and/or additional special written conditions upon any grant.

9. Renortins Requirements
Grantees must cooperate in efforts undertaken by District to evaluate grantee effectiveness and use of the grant funds, which in some cases may include a Approved by Board of Directors l2llll20l9
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grantee's participation in and compliance with on-site evaluation and grant monitoring procedures, including interviews of grantee's staff by the District, usually when grant funds are awarded for purposes other than to fund acquisition or upgrading of equipment.

Each grantee must submit to the District interim reports and a final report, including narrative information and full financial accounting of the expenditure of all of the grant funds, according to the report schedule set forth in the grant agreement within APPENDIX B. All grantee reports shall become the property of District.

A certification must be signed by the chief executive officer or chief operations officer of the grantee certifying compliance, during the reporting period, by the grantee with all of the terms of the grant agreement between the grantee and the District.

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APPENDIX A
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Kingsburg Tri- Counfy Health Care District Grant Application Please complete and return documentation and information required under the District Grant Policy, Procedures and Guidelines. ies
usinsa binder clin.

Provide the following information for the grant applicant, and well as for all partnering and/or subcontracting entities, if any. Use a separate page for each item listed on page 2 to fully describe required information.

Applicant Name
Type of Organization
Subject of Request
Legal status ofyour business [LLP, nonprofit, etc.

Total Amount Requested $- How many People Will Grant Serve? Is this intended as a one-time or ongoing
Project timeframe Lump sum or periodic disbursement?
How will grant be recognized by recipient?
Total Years in business
-#
of Employees
-
Federal Tax ID #
Business Licenses, Certifications or Registration #
Individual Accountable for Grant Funds:

Name Title
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E-Mail Phone Number
By signing below, the undersigned hereby certifies under penalty of perjury that [1) information contained within this application is true and correct to the best of my personal knowledge, information and reasonable belief; (2) the grant applicant has read and is familiar with all of the District's grant policies, procedures and guidelines; [3) the grant applicant hereby waives each and all claims and right[s), if any exist to, in any form, appeal or otherwise legally challenge each and all decisions of the Kingsburg Tri-County Health Care District pertaining to this grant application; and (4) the governing body of the grant applicant has duly authorized me to sign this grant application.

Signature DatePrint Name and
The following information is required in relation to the requested granL Please use seoarate pages for each numbered item. titlins and numberins each page as listed below. We require the following: l signed copy of the grant application, with items 1-8 (below) completed and attached, plus 8 additional hardcopies.

1. Proiect Overview: Include purpose of the grant request. Describe in detail how the funds will promote health and wellness and further the grant goal of fostering quality health services and programs which benefit the residents of the District.

2. Proiect Cost: Itemized budget with explanation of each itemized cost and the need for such, and supporting documentation, such as actual bids or formal estimates, if any.

3. Partner(s): List all partners (if any), and their financial contributions for this specific project.

4. Funding Sources: List all funding sources for the past 5 years.

5. Community Need: Describe specific needs of the District which your project will meet.

6. Legal Status: Please provide a copy of your W-9, business licenses and certificates, as well as IRS determination letter if you are a nonprofit.

7. Contributions: List previous and ongoing community contributions your organization has made within the past 5 years.

8. Plans; Provide drawings or pictures of the proposed project with footnotes for explanations.

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B
C

APPENDIX B

GRANT AGREEMENT
I.INTRODUCTION
THIS GRANT AGREEMENT ("Agreement"), is entered into between the KINGSBURG TRI-COUNTY HEALTH CARE DISTRICT, referred to as "DISTRICT," and the referred to as
"GRANTEE,''with reference to the following:

II.BE,QIIAE
A. WHEREAS, the DISTRICT is a California local health care district organized and existing pursuant to Health and Safety Code $$ 32000 et seq.; WHEREAS, the GRANTEE is corporation...;
WHEREAS, the GRANTEE operates a tull-time.. .;
D. WHEREAS, the DISTRICT and GRANTEE desire to and hereby incorporate the requirements, terms and conditions of the DISTRICT's grant policy and grant award into this Agreement;
E. WHEREAS, the DISTRICT's Board of Directors has determined that a grant of DISTRICT funds to GRANTEE for ("Program")
is necessary for the continuation of adequate emergency health services within the DISTRICT, and has approved a grant to the GRANTEE in the total amount of U.S. dollars ($-'00 USD) for the Program (the
"Grant" and "Grant Funds"); and
F. WHEREAS, the DISTRICT and the GRANTEE intend to now enter into this Agreement in order to provide the terms under which the DISTRICT will fund the GRANTEE's Program, which would provide health services or programs to the public, including residents of the DISTRICT.

ACCORDINGLY, IT IS AGREED:

III. SPECIFIC TERMS
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1. PURPOSE:

Grant Funds must be used solely for the Program, which is specified within EXHIBIT A. If the grant was awarded for equipment, then the GRANTEE must utilize and maintain said equipment in a reasonable manner and not intentionally abuse or damage it. Unless said equipment is no longer functioning, is beyond reasonable repair or is beyond its useful life expectancy, said equipment may not be gifted or sold for less than fair market value, unless traded-in, to a vendor/dealer of the same or similar equipment, in connection with the receipt of reasonable credited toward the purchase of new or upgraded replacement equipment. If said equipment is sold, transferred or destroyed within five (5) years or less after Grant Funds were expended on it, GRANTEE shall notify DISTRICT of such fact, in writing, within twenty (20) business days.

The Grant Funds received by GRANTEE must be used by GRANTEE strictly in accordance with the terms of this Agreement, including the grant purpose, project objectives and budget specified in this Agreement, if any. GRANTEE must maintain books and records which segregate and account fbr the Grant Funds separately. All expenditures made in furtherance of the purpose(s) of the Grant Funds provided under this Agreement must appear on those books and records.

CRANTEE must keep invoices, receipts, vouchers and other reliable records to substantiate all expenditures of Grant Funds.

No Grant Funds may in any way be used for the purpose of: (i) any other program or purpose by the GRANTEE or any capital improvements or other capital expenditures for the Program or the GRANTEE; (ii) influencing legislative or administrative decisions of any governmental body or for the support of any political campaign; or (iii) any activity or decision which constitutes a violation of any law or regulation applicable to the Program or the GRANTEE.

2. TERM: This Agreement shall become effective as of the date of the final party signature below and shall expire on
as provided in this Agreement.
unless otherwi se terminated

3. SCOPE OF GRANT SBRVICES, PROGRAM OR EQUTPMENT
FUNDED: See attached EXHIBIT A

4. PAYMENT OF GRANT FUNDS: Grant Fund payments will be made by the DISTRICT to GRANTEE according to the schedule set forth in attached EXHIBIT B.

5. LIMIT OF COMMITMBNT: Unless otherwise approved by the DISTRICT's Board, this Grant shall be a one-time grant by the DISTRICT, and is non-renewable. Nothing in this Agreement shall preclude GRANTEE from making application to the DISTRICT for any future grant funds which may become available from the DISTRICT. GRANTEE will not be entitled to priority Approved by Board of Directors l2llll20l9

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or special consideration by the DISTRICT in connection with future grant applications solely because of the fact that Grant Funds were awarded under this Agreement.

6. RETURN OF UNEXPENDED GRANT FUNDS: The parties agree that ownership of Grant Funds which are not expended within one hundred eighty days (180) after disbursement by the DISTRICT to the CRANTEE shall automatically revert back to the DISTRICT at that point and, while they remain in the custody of GRANTEE, they are held solely in trust by GRANTEE for the sole benefit of the DISTRICT. The parties further agree that said Grant Funds must be returned within twenty (20) business days after the expiration of the aforementioned expenditure deadline.

7. REDUCTION/REIMBURSEMENT OF GRANT FUNDS: The parties agree that the DISTRICT may reduce, suspend or terminate to any degree the payment or amount of the Grant Funds provided hereunder if the DISTRICT determines, in its sole and absolute discretion, that GRANTEE did not use, or is not using, the Grant Funds for the purpose(s) awarded hereunder nor satisfying the objectives of the Grant. GRANTEE hereby expressly waives any and all claims against the DISTRICT for damages which may arise from the termination, suspension or reduction of the Grant Funds awarded hereunder by the DISTRICT. GRANTEE f'urther agrees to immediately reimburse all Grant Funds received from DISTRICT if the DISTRICT determines that any such Grant Funds were not utilized by GRANTEE for their intended purpose.

8. OTHER FUNDING SOURCES: If requested by the DISTRICT, the GRANTEE must make information available to DISTRICT, within a reasonable period of time set by DISTRICT, pertaining to other funding sources or collaborators f'or the GRANTEE Program or services which receive any of the Grant Funds.

9. EVALUATION/OUTCOMES REPORTING :

GRANTEE must cooperate in efforts undertaken by DISTRICT to evaluate GRANTEE's effectiveness and use of the Grant Funds, which in some cases may include GRANTEE's participation in and compliance with on-site evaluation and grant monitoring procedures, including interviews of GRANTEE's staff by the DISTRICT, usually when Grant Funds are awarded for purposes other than to fund acquisition or upgrading of equipment.

GRANTEE must submit to DISTRICT interim repons and a linal report, including narrative information and full financial accounting of the expenditure of all of the Grant Funds, according to the report schedule set tbrth in this Agreement. All GRANTEE reports shall become the property of DISTRICT. Report forms and Approved by Board of Directors l2lltl20l9

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guidelines provided by the DISTRICT, if any, must be utilized by GRANTEE, otherwise the GRANTEE's report musq at a minimum, contain the following infbrmation (if applicable) :
(i) How the Grant Funds were used, with documentation of the expenditure of Grant Funds.
(ii) Pertinent data regarding:
(A) progress in achieving the objectives of the grant; and (B) attainment of the goals set forth in the timetable for the use of the Grant Funds.
(iii) The status of the Program to which Grant Funds were expended, including:
(A) the financial perfbrmance of the Program; and
(B) the availability of public and private funding or other assistance for'the long-term viability of the Program; and (C) the intended use of remaining Grant Funds, if any'
(iv) A signed certification from the chief administrator or chief operations officer of the GRANTEE, certifying lhe accuracy of the report and certilying the GRANTEE's compliance, during the reporting period, with the terms of this Agreement.

Any payments scheduled for release subsequent to the due date of a report shall be held by DISTRICT until the report has been submitted and approved. DISTRICT in its discretion may also require an audit of the program or project which utilized Grant Funds, which may include the review of programmatic as well as financial records. The expense of any such discretionary audit undertaken by DISTRICT will be borne by DISTRICT. Any other audit(s) which may be expressly required under this Agreement, if any, shall be at the expense of the GRANTEE.

10. WRITTBN RBPORT SCHEDULEI An interim and final reports must be made by GRANTEE to DISTRICT before the scheduled deadlines below. Failure to submit reports when due may be cause for immediate termination of this Agreement and thereupon any portion of the Grant Funds, which have been received by the GRANTEE, shall be returned to the DISTRICT upon the DISTRICT's request. Reports must be approved by the governing body of the GRANTEE and must include relevant activity and information, which has not already been reported to the DISTRICT, occurring since the signing of this Approved by Board of Directors l2llll20l9
Page l8 of32
Agreement or the last interim report, whichever is later. The deadlines for submitting interim and final reports shall be no later than:

Interim Report(s): Quarterly (Jan. l; Apr. l; Jul. l; and Oct. 1), required until the earlier of either the expenditure of all Grant Funds or the expiration of the deadline to expend all
Grant Funds as specified elsewhere within this Article
Final Report: Thirty (30) business days afier the earlier of ei&er the expenditure of all Grant Funds or the expiration of the deadline to expend all Grant Funds as specified
elsewhere within this Article.

11. ATTRIBUTION: GRANTEE agrees to comply with lhe DISTRICT's attribution requirements for the Grant Funds, which is attached hereto as EXHIBIT C.

12. GRANT ANNOUNCEMENTS AND PUBLICITY: Any written
announcement or other publicity related to the Grant, which is prepared by GRANTEE, shall be first submitted to the Chair of the DISTRICT's governing Board for review and approval and, if prepared by the DISTRICT, shall be first submitted to the chief administrator or chief operations officer of the GRANTEE for review and approval which shall be deemed to have been issued after five business days if no written response has been provided. Any announcemeilts and publicity must not indicate or otherwise imply in any way that the DISTRICT endorses the GRANTEE or its programs unless expressly approved by the governing body of the DISTRICT.

13. OTHER OBLIGATIONS: In authorizing the execution of this Agreement, the governing body of GRANTEE accepts legal responsibility to ensure that the Grant Funds provided by DISTRICT are allocated solely for the purpose for which the Grant was intended. GRANTEE agrees to become knowledgeable of the requirements of this Agreement and to be responsible for compliance with its terms. The parties agree that in no event shall DISTRICT be legally responsible or liable for GRANTEE's perf'ormance or failure to perform under the terms of this Agreement. GRANTEE agrees that DISTRICT may review, audit and/or inspect each GRANTEE Program which receives Grant Funds under this Agreement, for compliance with the terms of this Agreement.

IV. GENERAL TERMS

14. INDEPENDENT CONTRACTOR STATUS:

Approved by Board of Directors l2llll20l9

Page 19 ends

(a) This Agreement is entered into by both parties with the express understanding that GRANTEE will perform all activities or services required under this Agreement as an independent contractor. Nothing in this Agreement shall be construed to constitute the GRANTEE or any of its agents, employees or officers as an agent, employee or officer of DISTRICT.
(b) GRANTEE agrees to advise everyone it assigns or hires to perform any duty under this Agreement that they are not employees of DISTRICT. (c) Notwithstanding this independent contractor relationship, DISTRICT shall have the right to monitor and evaluate the performance of GRANTEE to assure compliance with this Agreement.
f5. COMPLIANCE WITH LAW: GRANTEE shall undertake all activity required hereunder in accordance with all applicable federal, state and local laws, regulations and directives including, without limitation, the Health Insurance Portability and Accountability Act ("HIPAA") and its implementing privacy and security regulations at 45 CFR Parts 160 and 164 (the "HIPAA regulations").

With respect to GRANTEE's employees, GRANTEE shall comply with all laws and regulations pertaining to wages and hours, state and federal income tax, unemployment insurance, Social Security, disability insurance, workers' compensation insurance and discrimination in employment. GRANTEE confirms to DISTRICT that the GRANTEE has fully complied with all applicable federal, state and local laws, regulations, rules and directives related to DISTRICT'S award of the Grant Funds to GRANTEE for use in the Program.

16. GOVERNING LAW: This Agreement shall be interpreted and governed under the laws of the State of California without reference to Califomia conllicts of law principles. The parties agree that this contract is made in and shall be performed in the City of Kingsburg, California.

17. RECORDS AND AUDIT: GRANTEE shall maintain complete and accurate records with respect to the activities, services rendered, if any, and the costs incurred under this Agreement. In addition, GRANTEE shall maintain complete and accurate records with respect to each and all payments to employees, contractors and vendors made with any Grant Funds. All such records shall be prepared in accordance with generally accepted accounting procedures, shall be clearly identified, and shall be kept readily accessible. Upon request, CRANTEE shall make such records available within the City of Kingsburg, California to DISTRICT's auditor and to the same's agents and representatives, for the put?ose of auditing and/or copying such records for a period of no less than five (5) years from the date of final payment under this Agreement. GRANTEE shall comply Approved by Board of Directors l2llll20l9

Page 20 of 32 ends

with all applicable laws and, if GRANTEE is a local public entity, shall comply with the most recent edition of the Local Government Records Management Guidelines of the Calitbrnia Secretary of State as applicable.

18. CONFLICT OF INTEREST:
(a) GRANTEE agrees to, at all times during the performance of this Agreement, comply with the law of the State of California regarding conflicts of interesls and appearance of conflicts of interests, including, but not limited to Government Code $$ 1090 et seq., and the Political Reform Act, Government Code $$ 31000 et seq. and regulations promulgated pursuant thereto by the Califomia Fair Political Practices Commission. The statutes, regulations and laws previously referenced include, but are not limited to, prohibitions against any public officer or employee, including GRANTEE for this purpose, from making any decision on behalf of DISTRICT in which such officer, employee or consultant/GRANTEE has a direct or indirect financial interest. A violation can occur if the public officer, employee or consultant/GRANTEE participates in or intluences any DISTRICT decision which has the potential to confer any pecuniary benefit on GRANTEE or any business firm in which GRANTEE has an interesL, with certain narrow exceptions.
(b) GRANTEE agrees that if any facts come to its attention which raise any questions as to the applicability of conflict-of-interest laws, it will immediately inform the DISTRICT designated representative and provide all information needed for resolution of this question.

19. INSURANCE: Prior to approval of this Agreement by DISTRICT, GRANTEE shall file with the Secretary of the DISTRICT evidence of the required insurance as set forth in EXHIBIT D attached.

20. INDEMNIFICATION: GRANTEE shall hold harmless, defend and indemnify DISTRICT, its agents, officers and employees from and against any liability, claims, actions, costs, damages or losses of any kind, including death or injury to any person and/or damage to property, arising in any way from, or in connection with, the performance by GRANTEE or its agents, officers and employees under this Agreement, GRANTEE'S use of any equipment funded in whole or in part under this Agreement and/or tor GRANTEE's receipt and use of Grant Funds from DISTRICT. This indemnification obligation shall continue beyond the term of this Agreement as to any acts or omissions occurring under this Agreement or any extension of this Agreement.

21. TERMINATION:
(a) Without Cause: DISTRICT will have the right to terminate this Agreement without cause by giving ten (10) business days of prior written notice Approved by Board of Directors l2llll20l9
Page2l of 32
of intention to tenninate pursuant to this provision, specifying the date of termination.
(b) With Cause: This Agreement may be terminated by DISTRICT should the GRANTEE:
(l) be adjudged a bankrupt, or
(2) become insolvent or have a receiver appointed, or
(3) make a general assignment tor the benefit of creditors, or (4) suffer any judgment which remains unsatisfied for 30 days, and which would substantively impair the ability of the judgment debtor to perform under this Agreement, or
(5) materially breach this Agreemento or
(6) material misrepresentation, either by GRANTEE or anyone acting on GRANTEE's behall as to any matter related in any way to DISTRICT's decision to provide Grant Funds to GRANTEE, or (7) other misconduct or circumstances which, in the discretion of the DISTRICT, either impairs the ability of GRANTEE to
competently perform the activities and/or services (if any) funded under this Agreement, or expose the DISTRICT to an unreasonable risk of liability, or;
(8) Upon any change of ownership of the GRANTEE which has not been approved by the DISTRICT, provided that such approval shall not be unreasonably withheld so long as the surviving entity agrees to satisfy the obligations of the GRANTEE under this Agreement. A "change of ownership" shall include any merger by the GRANTEE with any other person or entity, any acquisition of all or substantially all of the assets or operations of the GRANTEE or any conversion or other change in the corporate status of the GRANTEE.

Sanctions taken will be possible rejection of future proposals based on specific causes of non-perfornance.
(c) Effects of Termination: Expiration or termination of this Agreement shall not terminate any obligations to indemnify, to maintain and make available any records pertaining to the Agreement, to cooperate with any audit, to be subject Approved by Board of Directors l2llll20l9
PageZ? of 32
to offset, or to make any repofrs of pre-termination conract activities. Where GRANTEE's funding hereunder has been terminated by the DISTRICT, said termination will not affect any rights of the DISTRICT to recover damages against the GRANTEE.
(d) Suspension of Performance: Independent of any right to terminate this Agreement, the DISTRICT may immediately suspend performance by GRANTEE, in whole or in part, in response to health, safety or financial emergency, or a failure or refusal by GRANTEE to comply with the provisions of this Agreement, until such time as the cause for suspension is resolved, or a notice of termination becomes effective.

22. SUBJECT TO FUNDING: If funding for this Agreement is derived from any state or federal grant or funds, or property tax revenues, the DISTRICT reserves the right to reduce the level of funding hereunder to match reduced levels of state, federal or property funding to DISTRICT, or at the DISTRICT's option, DISTRICT may terminate this Agreement, should the funding source no longer be available or the amount be reduced.

23. NOTICES:
(a) Except as may be otherwise required by law, any notice to be given shall be written and shall be either personally delivered, sent by facsimile transmission or sent by first class mail, postage prepaid and addressed as follows:

DISTRICT: With A Copy To:

Board Chairman

KINGSBURG TRI-COUNTY HEALTH
CAR.E DISTRICT
1425 Marion Street
Kingsburg, California 9363 I
559-897-5841
559-897-8645 fax
Michael L. Farley, Districi Counsel

F'ARLEY LAW FIRM
108 West Center Avenue
Visalia, California 93291
s59-738-5975
559-732-2305 fax
GRANTEE: With a Copy To:
(b) Notice personally delivered is effective when delivered. Notice sent by facsimile transmission is deemed to be received upon successful transmission.

Notice sent by first class mail shall be deemed received on the fifth day after the Approved by Board of Directors l2llll20l9
Page23 of 32
date of mailing. Either party may change the above address by giving written notice pursuant to this paragraph.

24. ASSIGNMENT/SUBCONTRACTING: Unless otherwise provided in this Agreement, DISTRICT is relying on the personal skill, expertise, training and experience of GRANTEE and GRANTEE's employees and no part of this Agreement may be assigned or subcontracted by GRANTEE without the prior written consent of DISTRICT.

25. FURTHER ASSURANCES: Each pafty will execute any additional documents and perform any further acts which may be reasonably required to effect the purposes of this Agreement.

26. CONSTRUCTION: This Agreement reflects the contributions of all undersigned parties and accordingly the provisions of Civil Code $ 1654 shall not apply to address and interpret any alleged uncertainty or ambiguity.

27. HEADINGS: Section headings are provided for organizational purposes only and do not in any manner affect the scope, meaning or intent of the provisions under the headings.

28. NO THIRD-PARTY BENEFICIARIES INTENDED: Unless specifically set forth, the parties to this Agreement do not intend to provide any other person or entity, other than a party hereto, with any enforceable legal or equitable benefit, right or remedy.

29. WAMRS: The failure of DISTRICT to insist on strict compliance with any provision of this Agreement shall not be considered a waiver of any right to do so, whether for that breach or any subsequent breach. The acceptance by DISTRICT of either performance or return of grant funds in lieu thereof shall not be considered to be a waiver of any preceding breach of the Agreement by the other GRANTEE.

30. EXHIBITS AND RBCITALS: The recitals and the exhibits to this Agreement are fully incorporated into and are integral parts of this Agreement.

31. CONFLICT WITH LAWS OR REGULATIONS/SEVERABILITY: ThiS Agreement is subject to all applicable laws and regulations. If any provision of this Agreement is found by any court or other legal authority, or is agreed by the parties to be, in conflict with any code or regulation governing its subject matter, only the conflicting provision shall be considered null and void. If the effect of nullifying any conflicting provision is such that a material benefit of the Approved by Board of Directors l2llll20l9
Page?4 of 32
Agreement to either party is lost, the Agreement may be terminated at the option of the pafly whose material benefit(s) is adversely affected. In all other cases the remainder of the Agreement shall continue in full force and effect.

32. ENTIRE AGREEMENT REPR"ESENTED: This Agreement represents the entire agreement between the parties hereto as to its subject matter and no prior oral or written understanding shall be of any force or effect. No part of this Agreement may be modified without the written consent of both parties.

33. ASSURANCES OF NON-DISCRIMINATION: GRANTEE shall not discriminate in employment or in the provision of its services on the basis of any characteristic or condition upon which discrimination is prohibited by state or federal law or regulation.

34. ATTORNEYS' FEES: If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

THE PARTIES, having read and considered the above provisions, indicate their agreement by their authorized signatures below.
il
ll
ll
Approved by Board of Directors l2llll20l9

Page 25 of 32 ends

GRAITITEEr
APPROVED AS TO FORM:
, President (date) General Counsel or Deputy(date)
ATTEST:
, Board Clerk (date)
DISTRICT:

APPROVED AS TO FORM:

Adie Rogers, Board hesident (date) District General Counsel (date) ATTEST:

Judy Bibb, Board Secretary (date)
Approved by Board of Directors l2llll20l9
Page26 of32

EXHIBIT A

HEALTH SERVICE OR PROGRAM

EQUIPMENT TO BE GRANT FUNDED
The GRANTEE shall furnish the following services or program, or if the grant is for equipment, then GRANTEE shall either purchase or restore, rebuild or upgrade ("upgrade") the following equipment used for health services or programs:

Approved by Board of Directors l2llll20l9
Page?7 of32
I $

2. 3
4 5
6 7
8 9
IIEAI-'I'II SERVI(]E 0R PR( X;RAI\I.

UQtilP\IliN'l' ( irtclLrrlc tttukc. ttttttlc[. etc. )
u(rs I
Nol to [,rc.:ccl
[)z!l'[r

EXHIBIT B

SCHEDULE OF PAYMENTS
In accordance with the terms of this Agreement, the DISTRICT shall disburse the following payment(s) to the CRANTEE:

Approved by Board of Directors l2llll20l9

Page 28 of 32 ends

I
2 3
4 5
t),\'t'tt I'IIRI'()SI] ,,\ttollN'l'

EXHIBIT C

GRANT ATTRIBUTION REQUIREMENTS
l. Attribution Wording
Attribution for DISTRICT-funded programs or equipment shall be as follows:
"Made possible by funding from Kingsburg Tri-County Health Care District" or "Funded by Kingsburg Tri-County Health Care District".

2. Written References to Particular DISTRTCT-Funded Eouioment All written informational materials (excluding ordinary letters, emails, text messages and other similar correspondence), whether in hardcopy or in electronic format, such as brochures, workbooks, posters, videos, curricula, webpages or PowerPoint presentations, which depict or refer to any particular CRANTEE equipment which was acquired or upgraded with DISTRICT Grant Funds in excess of $4,999 must include the attribution wording.

3. Promotional Materials
District attribution must also be included on promotional items such as posters, flyers, banners and other types of signage which depict or refer to any particular GRANTEE equipment which was acquired or upgraded with DISTRICT Grant Funds in excess of $4,999.

4. Media Materials and Activities
Attribution to the District shall be included in any written informational materials distributed to the media for the purpose of publicizing a District-funded program or any particular GRANTEE equipment which was acquired or upgraded with DISTRICT Grant Funds in excess of $4,999. This information may include news releases and advisories, public service announcements (PSAs), television and radio advertisements and calendar/event listings.

Media and publicity activities, such as news conferences, story pitching, press interviews, editorial board meetings and promotional events shall include reference to the District's program suppofl. As a courtesy, the District would appreciate notification of these activities at least two (2) weeks in advance, whenever possible. Please send to the District copies of any press coverage of District-funded programs.

5. Loso Usase
Use of the DISTRICT's logo is permitted and encouraged. Logos can be provided in print and electronic formats. Logos will be provided by DISTRICT upon initial grant funding and at GRANTEE's request thereafter. Graphic standards for logos Approved by Board of Directors l2ll ll20l9
Page29 of 32
shall be adhered to as provided by DISTRICT. Requests for logo should be directed to the administration office of the DISTRICT.

6. Photoeraoh Consent
GRANTEE must permit photography of DISTRICT-funded programs or equipment to be taken by any DISTRICT-designated photographer at DISTRICT's expense, and consents to usage of such photographs on DISTRICT's website and other materials designed to inform and educate the public about the DISTRICT.

Approved by Board of Directors l2llll20l9

Page 30 ends

EXHIBIT D

INSURANCE REQUIRAMENTS
GRANTEE must provide and maintain insurance for the duration of this Agreement against claims for injuries to persons and damage to property which may arise from, or in conlection with, perfoffnance of the Agreement by the GRANTEE, its agents, representatives, employees or subcontractors, if applicable.

A. Minimum Scope & Limits of Insurance
l. Coverage at least as broad as Commercial General Liability Insurance of one million dollars ($1,000,000) combined single limit per occurrence. If the annual aggregate applies it must be no less than two million dollars ($2,000,000).

2. Comprehensive Automobile Liability Insurance (if applicable) of $ I,000,000 per occurrence.

3. Workers'Compensation and Employer's Liability Insurance as required by law.

4. Professional Errors and Omissions Insurance of $1,000,000 (unless expressly waived by DISTRICT's Risk Manager).

5. Work and Materials Insurance (if applicable)
a. For up to twenty-five thousand dollars ($25,000) for any loss on contracts for remodeling, renovation, alterations or maintenance of existing buildings.
b. For 1007o of the contract value for all bridge construction and new construction up to two hundred thousand dollars ($250,000).

See District Manager for construction over $250,000.

Approved by Board of Directors l2llll20l9

Page 3 ends

2. The Certificate of Insurance for Workers Compensation, must include the following waiver of subrogation:
a. Waiver of Subrogation: "[CRANTEE] waives all rights
against the DISTRICT and its agents, officers, and employees for recovery of damages to lhe extent such damages are covered by the workers' compensation and employer's liability insurance." C. Deductibles and Self-Insured Retentions
The DISTRICT's District Manager must approve in writing any deductible or self-insured retention that exceeds one hundred thousand dollars ($100,000).

D. Acceptability of Insurance
Insurance must be placed with insurers with a current rating given by A.M.

Best and Company of no less than A (-) from a company admitted to do business in California, any waiver of these standards are subject to approval by the DISTRICT or its District Manager or designee.

The DISTRICT reserves the right to require certified copies of all required insurance policies at any time.

Approved by Board of Directors l2llll20l9
Page3? of 32

CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor Palomar & City Council
REPORT FROM: Abigail Palsgaard, City Clerk REVIEWED BY: AH AGENDA ITEM: Roster of Council Appointments
ACTION REQUESTED: ____ Ordinance ___Resolution ___ Motion ____Receive/File

EXECUTIVE SUMMARY
At the meeting following the reorganization of Council, Council decides which member will sit on the different boards and committees. Attached to this staff report is the 2021 Council Appointments for historical reference.

RECOMMENDED ACTION BY CITY COUNCIL

1. Council can decide which council member will sit on the different boards and committees.

POLICY ALTERNATIVE(S)

1. None.

FINANCIAL INFORMATION

FINANCIAL SUMMARY
None related to the City budget.

ATTACHED INFORMATION

1. 2021 Council Appointments
Meeting Date: 01/18/2023
Agenda Item: 6.5
FISCAL IMPACT:

1. Is There A Fiscal Impact? No

2. Is it Currently Budgeted? N/A

3. If Budgeted, Which Line? N/A
1 CITY OF KINGSBURG

ROSTER OF

CITY COUNCIL APPOINTMENTS
01/20/2021
2 TABLE OF CONTENTS
I. ROSTERS
A. Citizen Committees – Standing Committees

1. Community Services Commission ......................................4

2. Public Safety Committee .....................................................5

3. Economic Development Committee ....................................6

4. Finance Committee ..............................................................7

5. Planning Commission ..........................................................8

6. Public Safety Tax Citizens Oversite Committee .................9

7. Kingsburg Downtown Business Improvement District
Advisory Board……………………………………………10
B. Inter-Governmental Agency Representatives

1. Consolidated Mosquito Abatement District.......................11

2. Five Cities Economic Development .................................11

3. Fresno County Council of Governments (COG) ...............11

4. Fresno County Rural Transit Agency (FCRTA) ................11

5. San Joaquin Valley Air Pollution Control ........................12

7. Selma-Kingsburg-Fowler County Sanitation District ........12

8. San Joaquin Valley Citizens for a Healthy Environment ..12

8. Southeast Regional Solid Waste JPA ...............................12

9. The Association for the Beautification of Highway 99. ....12

10. South Kings Groundwater Sustainability Agency JPA .....13 C. Liaisons to Community Organizations

1. Fresno County Office of Tourism ........................................8

2. Kingsburg Chamber of Commerce ......................................8

3. Kingsburg Senior Inc. ..........................................................8 II. SOURCE DOCUMENTS

1. Community Services Commission ..................................................9

2. Public Safety Committee ...............................................................13

3. Economic Development Committee ..............................................16

4. Finance Committee ........................................................................17

5. Planning Commission ....................................................................19

6. Consolidated Mosquito Abatement District...................................22

7. Five Cities Economic Development Authority ..............................24

8. Fresno County Council of Governments (COG) ..........................41

9. Fresno County Rural Transit Agency (FCRTA) ............................43

10. San Joaquin Valley – Air Pollution Control ..................................44

11. Selma-Kingsburg-Fowler County Sanitation District ....................47

12. San Joaquin Valley Citizens for a Healthy Environment ..............52

13. Southeast Regional Solid Waste JPA ...........................................68

14. The Association for the Beautification of Highway 99 ................73

15. Public Safety Tax Citizens Oversite Committee

16. BID Ordinance
III. OTHER AGENCIES WITH CITY REPRESENTATION…………………..
3 I

ROSTERS
For

CITIZENS COMMITTEES

INTER-GOVERNMENTAL AGENCY

REPRESENTATIVES

LIAISONS TO COMMUNITY ORGANIZATIONS
4 ROSTER
Committee: Community Services Commission
Appointed by: City Council
Source Documents: Ordinance No. 2007-03
Appointee Term Expires
Ed Moreno November 2022
Seth Brown November 2024

Diana Weston Johnson November 2023
Sarah Chambless November 2022
Jenn Guerra November 2022
Kelly Matsuoka November 2024
Cathleen Lawler November 2024
Staff Member- Adam Castaneda, Director of Community Services Council Liaison – Mayor Laura North
Alternate – Mayor Pro Tem Vince Palomar
*Meets the 4th Wednesday of the month at 6:30pm
5 ROSTER
Committee: Public Safety Committee
Appointed by: City Council
Source Documents: Resolution No. 2012-45

Chair – Mayor Pro Tem Vince Palomar
Police Dept. Representative – Lennis Scheline
Fire Dept. Representative – Wayne Osborne
Kingsburg High School Representative – Thom Sembritzki
Kingsburg Elementary School Representative – Shawn Marshall Kingsburg Chamber of Commerce Representative – _______
Resident of the City – Vincent Latham 2023

Resident of the City – Fred Ray 2021
Resident of the City – Jim McGuire 2023
Resident of the City – Alan Roberts 2024
Alternate- Council Member Jewel Hurtado
*Resolution written to meet quarterly, usually meets on Mondays at 4pm. 6 ROSTER
Committee: Economical Development Committee
Appointed by: City Council
Source Documents: Resolution 2002-26
Appointee
Steve Safarjian - Chair

Chamber Member

Kingsburg Economic Development Coordinator Jolene Polyack

Staff Member – City Manager Alex Henderson
Council Liaisons –
Mayor Laura North
Council Member Michelle Roman
*Meets as needed- usually during the workday.
7 ROSTER
Committee: Finance Committee
Appointed by: City Council
Source Documents: Resolution No. 2006-31
Committee Members
Mayor Laura North
Council Member Brandon Pursell, Jr. – Chairperson
City Manager Alex Henderson
Finance Director Alma Colado
*Meets as needed, usually on a Tuesday at 6pm

8 ROSTER
Commission: Planning Commission
Appointed by: City Council
Source Documents: Municipal Code - Title 2 – Chapter 2.28 City of Kingsburg Charter – Section 4.07
Appointee Term Expires
Paul Kruper – Chair November 2024
Bruce Blayney November 2023
CJ Brock November 2023
Ben Carlson November 2023
Briana Valdez November 2022
Robert Gonzales November 2024
Craig Ruch November 2024
Staff Member – Planning Consultant Greg Collins
Council Liaison – Mayor Laura North
Alternate – Council Member Jewel Hurtado
*Meets the second Thursday at 6pm
9 ROSTER
Committee: Public Safety Tax Citizens Oversight Committee (Measure E)
Appointed by: City Council
Source Documents: Resolution No. 2018-051
Committee Members
Staci Smith February 2023
John Matic February 2023
Porfirio Chavez February 2023
Jerry Avedikian February 2023
Bryan Cogburn February 2019

*Meets annually, usually in May
10 ROSTER
Committee: Kingsburg Downtown Business Improvement
District Advisory Board
Appointed by: City Council
Source Documents: Ordinance No. 2020-03
Committee Members
Leslie Carpenter November 2021
Lauren Cooper November 2021
June Hess November 2021
Briana Valdez November 2021
Steve Safarjian November 2021
Paula Coelho November 2021
Reggie Gierke November 2021
Council Liaison – Council Member Jewel Hurtado
Alternate – Mayor Laura North

11 INTER-GOVERNMENTAL AGENCY

REPRESENTATIVES
Committee: Consolidated Mosquito Abatement District
Representative Appointed by: City Council
Source Document: Senate Bill No. 1574
Appointee
Tokuo R. Fukuda (Appointed by Council)
Committee: Five Cities Economic Development
Representative Appointed by: City Council
Source Document: Joint Powers Agreement

Appointee
Members – Mayor Laura North
Alternate – Council Member Jewel Hurtado

Staff – City Manager
Committee: Fresno County Council of Governments (COG)
Representative Appointed by:City Council
Source Document: Letter from Acting Executive Director dated May 16, 1994

Appointee
Member – Council Member Michelle Roman
Alternate – Mayor Laura North
Committee: Fresno County Rural Transit Agency (FCRTA)
Representative Appointed by: City Council
Source Document: Joint Powers Agreement – July 17, 1980 Appointee
Member – Council Member Michelle Roman
Alternate – Mayor Laura North
12 INTER-GOVERNMENTAL AGENCY REPRESENTATIVES- CONT.

Committee: San Joaquin Valley Air Pollution Control – City Selection Committee
Representatives Appointed by: City Council
Source Document: Health and Safety Code Section 40600.5 Appointee
Member – Council Member Brandon Pursell, Jr.

Alternate – Mayor Pro Tem Vince Palomar
Committee: Selma-Kingsburg-Fowler County Sanitation Dist.

Representative Appointed by: City Council
Source Document: State Statute
Appointee
Member – Council Member Michelle Roman
Alternate – Council Member Brandon Pursell, Jr.

Committee: San Joaquin Valley Citizens for a Healthy Environment Representatives Appointed by: City Council
Appointee
Member –Bruce Blayney
Alternate - Council Member Michelle Roman
Committee: Southeast Regional Solid Waste Commission
Representative Appointed by: City Council
Source Document: Joint Powers Agreement
Appointee
Member – Mayor Pro Tem Vince Palomar
Alternate – Council Member Brandon Pursell, Jr.

Committee: The Association for the Beautification of Highway 99 Representative Appointed by: City Council
Source Document: Resolution No. 98-55
Appointee
Member – Council Member Jewel Hurtado
Alternate – Mayor Pro Tem Vince Palomar
13 INTER-GOVERNMENTAL AGENCY REPRESENTATIVES- CONT.

Community Organization: South Kings Groundwater Sustainability Agency JPA Appointed by: City Council
Source Document: No written source document

Appointee
Member – Council Member Jewel Hurtado
Alternate – Council Member Brandon Pursell, Jr.

14 LIAISONS TO COMMUNITY ORGANIZATIONS
Community Organization: Fresno County Office of Tourism Appointed by: City Council
Source Document: No written source document
Appointee
Liaison – Mayor Laura North
Alternate – Council Member Michelle Roman
Community Organization: Kingsburg Chamber of Commerce
Appointed by: City Council
Source Document: No written source document

Appointee
Liaison – Council Member Brandon Pursell, Jr.

Alternate – Mayor Laura North
Staff Member – City Manager Alex Henderson
Community Organization: Kingsburg Senior Inc.

Appointed by: City Council
Source Document: No written source document

Appointee
Staff Liaison – Director of Community Services Adam Castaneda

Staff Member – City Manager Alex Henderson
15 II
SOURCE

DOCUMENTS
16 III

LIST OF OTHER

AGENCIES

WITH CITY

REPRESENTATION
17 Other Agencies with City Representation
Joint Powers Authorities
Kings River Water Forum - City Manager
San Joaquin Valley Power Authority – City Manager
San Joaquin Valley Risk Management Authority (RMA) – City Manager Special Agencies
Selma-Kingsburg-Fowler County Sanitation District Technical Committee –Public Works Dir. Local Agency Formation Commission of Fresno County (LAFCo) – City Manager Fresno County Enterprise Zone – City Manager

CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor Palomar & City Council
REPORT FROM: Mike Noland, City Attorney REVIEWED BY: AH AGENDA ITEM: Senate Bill 1439 (Glazer) Information
ACTION REQUESTED: ____ Ordinance ___Resolution ___ Motion ____Receive/File

EXECUTIVE SUMMARY
The Levine Act (1982) (“Act”) prohibits “officers” of any state or local government agency from accepting, soliciting or directing a contribution of more than $250 from any party, participant, or a party or participant’s agent, while a proceeding involving a license, permit or other entitlement for use is pending before the agency and for 3 months following the date of a final decision is rendered in the proceeding, if the officer knows or has reasons to know the participant has a financial interest as defined in the Act. The Act also prohibits a party, participant or participant’s agent from making a contribution of more than $250 to an officer of an agency during the proceeding and 3 months following the date of a final decision is rendered. The Act defines “agency” for these purposes to mean any state or local government agency, except certain entities, including local government agencies whose members are directly elected by the voters (e.g. City Council Members).

On September 29, 2022, Governor Newsom signed SB 1439 (Glazer) SB 1439 which: (i) removes the exception for local governmental agencies, (e.g. City Councils) thereby subjecting the Kingsburg City Council to the prohibitions described above; (ii) extends the prohibition on contributions from 3 months to 12 months prior to and following the date of a final decision is rendered in the proceeding; (iii) permits an officer who does not willfully and knowingly accept, solicit or direct a prohibited contribution to cure the violation by returning it and (iv) requires the party to a proceeding to disclose whether the party or the party’s agent has made a contribution of more than $250 in the 12 months before the proceeding.

Prior to rendering any decision in a proceeding involving a license, permit or other entitlement for use, pending before the City Council, each City Council member who received a contribution within the proceeding 12 months in an amount of more than $250 from a party or from any participant with a financial interest in the decision shall disclose that fact on the record of the proceeding and recuse himself/herself from the decision.

SB 1439 will create significant and unanticipated issues for any person or entity with business before local elected bodies where the person or entity or others closely associated such persons, or entities such as their agents, employees, or any persons with a financial interest in a license, permit or other entitlement , have made or make campaign contributions in excess of $250 to local elected officials voting on the license, permit or other entitlement within 12 months of the vote or 12 months after the vote, regardless of how the local elected official votes.

The Legal Division of the state Fair Political Practices Commission (FPPC), which has authority to interpret and enforce the Levine Act, has advised that SB 1439’s changes to the Act, which took effect on January 1, 2023, apply retroactively. Meaning, if a any party, participant, or a party or participant’s agent who made a Meeting Date: 01/18/2023
Agenda Item: 6.6
campaign contribution of $250 or more in 2022 to a member of a city council, that city council member will be required to recuse herself or himself from matters involving any party, participant, or a party or participant’s agent has a financial interest in the license, permit or other entitlement for the 12 months following the contribution and 12 months after any City Council decision on any license, permit or other entitlement even if that contribution has already been made and was made before SB 1439 was signed into law.

This is an information only item, and City Attorney Mike Noland will provide a verbal update and be available for questions.

RECOMMENDED ACTION BY CITY COUNCIL

1. Informational only.

POLICY ALTERNATIVE(S)

1. N/A

FINANCIAL INFORMATION

FINANCIAL SUMMARY
None related to the City budget.

PRIOR ACTION/REVIEW
The Levine Act was adopted in 1982, in response to reports that several members of the California Coastal Commission had solicited and received large campaign contributions from individuals with applications pending before the Commission. The Act (see California Government Code Section 84308) generally prohibits a member of a nonelected body such as a city planning commission or the Coastal Commission from voting on an item if the member receives or solicits a contribution of $250 or more within the three (3) months preceding or following the vote, if the contribution is from a party (or from an associate of the party) that would financially benefit from the vote. The member is also required to recuse themselves from participating in the body’s consideration of the item during the same time period.

ATTACHED INFORMATION

1. SB 1439
FISCAL IMPACT:

1. Is There A Fiscal Impact? N/A

2. Is it Currently Budgeted? N/A

3. If Budgeted, Which Line? N/A
Senate Bill No. 1439
CHAPTER 848
An act to amend Section 84308 of the Government Code, relating to the Political Reform Act of 1974.
[Approved by Governor September 29, 2022. Filed with
Secretary of State September 29, 2022.]
legislative counsel’s digest
SB 1439, Glazer. Campaign contributions: agency officers.

The Political Reform Act of 1974 prohibits an officer of an agency from accepting, soliciting, or directing a contribution of more than $250 from any party, participant, or a party or participant’s agent, while a proceeding involving a license, permit, or other entitlement for use is pending before the agency and for 3 months following the date a final decision is rendered in the proceeding, if the officer knows or has reasons to know that the participant has a financial interest, as defined. The act also prohibits a party, participant, or participant’s agent from making a contribution of more than $250 to an officer of the agency during the proceeding and 3 months following the date a final decision is rendered. The act defines “agency” for these purposes to mean any state or local government agency, except certain entities, including local government agencies whose members are directly elected by the voters.

This bill would remove the exception for local government agencies, thereby subjecting them to the prohibition described above. The bill would extend the prohibition on contributions from 3 to 12 months following the date a final decision is rendered in the proceeding. The bill would permit an officer who does not willfully and knowingly accept, solicit, or direct a prohibited contribution to cure the violation by returning it. The bill would require the party to a proceeding to disclose whether the party or the party’s agent has made a contribution of more than $250 in the 12 months before the proceeding.

A violation of the act is punishable as a misdemeanor. By expanding the scope of restrictions on contributions, this bill would expand the scope of an existing crime, and therefore would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act’s purposes upon a 2⁄3

94 vote of each house of the Legislature and compliance with specified procedural requirements.

This bill would declare that it furthers the purposes of the act.

The people of the State of California do enact as follows:

SECTION 1. Section 84308 of the Government Code is amended to read:
84308. (a)  The definitions set forth in this subdivision shall govern the interpretation of this section.
(1)  “Party” means any person who files an application for, or is the subject of, a proceeding involving a license, permit, or other entitlement for use. (2)  “Participant” means any person who is not a party but who actively supports or opposes a particular decision in a proceeding involving a license, permit, or other entitlement for use and who has a financial interest in the decision, as described in Article 1 (commencing with Section 87100) of Chapter 7. A person actively supports or opposes a particular decision in a proceeding if that person lobbies in person the officers or employees of the agency, testifies in person before the agency, or otherwise acts to influence officers of the agency.
(3)  “Agency” means an agency as defined in Section 82003 except that it does not include the courts or any agency in the judicial branch of government, the Legislature, the Board of Equalization, or constitutional officers. However, this section applies to any person who is a member of an exempted agency but is acting as a voting member of another agency. (4)  “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency.
(5)  “License, permit, or other entitlement for use” means all business, professional, trade, and land use licenses and permits and all other entitlements for use, including all entitlements for land use, all contracts (other than competitively bid, labor, or personal employment contracts), and all franchises.
(6)  “Contribution” includes contributions to candidates and committees in federal, state, or local elections.
(b)  While a proceeding involving a license, permit, or other entitlement for use is pending, and for 12 months following the date a final decision is rendered in the proceeding, an officer of an agency shall not accept, solicit, or direct a contribution of more than two hundred fifty dollars ($250) from any party or a party’s agent, or from any participant or a participant’s agent if the officer knows or has reason to know that the participant has a financial interest, as that term is used in Article 1 (commencing with Section 87100) of Chapter 7. This prohibition shall apply regardless of whether the officer accepts, solicits, or directs the contribution on the officer’s own behalf, or on behalf of any other officer, or on behalf of any candidate for office or on behalf of any committee.
94 Ch. 848 — 2 —
(c)  Prior to rendering any decision in a proceeding involving a license, permit, or other entitlement for use pending before an agency, each officer of the agency who received a contribution within the preceding 12 months in an amount of more than two hundred fifty dollars ($250) from a party or from any participant shall disclose that fact on the record of the proceeding.

An officer of an agency shall not make, participate in making, or in any way attempt to use the officer’s official position to influence the decision in a proceeding involving a license, permit, or other entitlement for use pending before the agency if the officer has willfully or knowingly received a contribution in an amount of more than two hundred fifty dollars ($250) within the preceding 12 months from a party or a party’s agent, or from any participant or a participant’s agent if the officer knows or has reason to know that the participant has a financial interest in the decision, as that term is described with respect to public officials in Article 1 (commencing with Section 87100) of Chapter 7.
(d)  (1)  If an officer receives a contribution which would otherwise require disqualification under this section, and returns the contribution within 30 days from the time the officer knows, or should have known, about the contribution and the proceeding involving a license, permit, or other entitlement for use, the officer shall be permitted to participate in the proceeding.
(2)  (A)  Subject to subparagraph (B), if an officer accepts, solicits, or directs a contribution of more than two hundred fifty dollars ($250) during the 12 months after the date a final decision is rendered in the proceeding in violation of subdivision (b), the officer may cure the violation by returning the contribution, or the portion of the contribution in excess of two hundred fifty dollars ($250), within 14 days of accepting, soliciting, or directing the contribution, whichever comes latest.
(B)  An officer may cure a violation as specified in subparagraph (A) only if the officer did not knowingly and willfully accept, solicit, or direct the prohibited contribution.
(C)  An officer’s controlled committee, or the officer if no controlled committee exists, shall maintain records of curing any violation pursuant to this paragraph.
(e)  (1)  A party to a proceeding before an agency involving a license, permit, or other entitlement for use shall disclose on the record of the proceeding any contribution in an amount of more than two hundred fifty dollars ($250) made within the preceding 12 months by the party or the party’s agent.
(2)  A party, or agent to a party, to a proceeding involving a license, permit, or other entitlement for use pending before any agency or a participant, or agent to a participant, in the proceeding shall not make a contribution of more than two hundred fifty dollars ($250) to any officer of that agency during the proceeding and for 12 months following the date a final decision is rendered by the agency in the proceeding. (3)  When a closed corporation is a party to, or a participant in, a proceeding involving a license, permit, or other entitlement for use pending 94 — 3 — Ch. 848
before an agency, the majority shareholder is subject to the disclosure and prohibition requirements specified in this section.
(f)  This section shall not be construed to imply that any contribution subject to being reported under this title shall not be so reported.

SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

SEC. 3. The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code.

O
94 Ch. 848 — 4 —

Kingsburg City CouncilJanuary 18, 2023

Kingsburg City Council
January 18, 2023