Agenda — Kingsburg City Council, August 16, 2023 (part 2 of 3)

M E M O R A N D U M
To: Alexander Henderson, City Manager, City of Kingsburg From: Ben Goldeen, Federal Advocacy Manager, Townsend Public Affairs, Inc.

Andres Ramirez, Senior Associate, Townsend Public Affairs, Inc.

Christine Rose, Grants Coordinator, Townsend Public Affairs, Inc.

Nicolette Genovese, Associate, Townsend Public Affairs, Inc.

Date: August 4, 2023
Subject: Grants and Funding Monthly Report
Overview
The purpose of this memo is to provide a monthly outline of upcoming funding opportunities and grant programs that could potentially meet the City’s funding needs in the near future. This memo is not a comprehensive list of all grants that are currently available, but ones that you may be able to submit competitive applications for relevant priority projects.

Funding Priorities
TPA will regularly research and identify potential sources of funding that meet the City of Kingsburg’s funding priorities, including a new sports park, fire department equipment and new engine, police body-worn cameras, electric vehicles, police station remodel, City Hall upgrades, and more.

Future Opportunities
July was a relatively quiet month in the Legislature, with members gone for summer recess, prior to commencing the final month of the legislative session from August 14 to September 14. While the typical fast paced beat of Sacramento has slowed, negotiations on high-profile legislation, including various bond measures, have continued over summer recess. TPA has been advocating for the inclusion and retention of priority competitive grant programs in the various bond bills, including the climate bond bills (AB 1567, Garcia) and (SB 867, Allen).

When the Legislature returns in two weeks, the focus will be on quickly acting on bills in the Senate and Assembly Appropriations Committees – which weigh the fiscal merits of policy bills – followed by intensive floor hearings with significant policy debate, which can often go late into the night. The intensity during the last month of session is largely fueled by the constitutional deadline to send bills to the Governor by September 14 at midnight.

Page 2 of 10 ends

Grants Submitted, Pending Notice
Name Funds Requested Project Timeline
DOJ, Bureau of
Justice Assistance
Small, Rural, Tribal
Body-Worn Camera
Program
$56,000
Match: $56,000
Purchase of body-worn cameras
for every police officer.

Submitted
2/13/23
Award
announcement
delayed. TPA
continuing to
reach out for
updates.

Tri-County
Healthcare District
2023 Grant Cycle
$72,623.00 Public Health & Playground Safety
Updates
Submitted
4/28/23
Tri-County
Healthcare District
2023 Grant Cycle
$19,740.00 Public Service Vehicle & Officer
First Aid Kids
Submitted
4/28/23
Tri-County
Healthcare District
2023 Grant Cycle
$384,987.00 50% of 6 Full Time EMS Support Submitted
4/28/23
Tri-County
Healthcare District
2023 Grant Cycle
$180,000.00 Paramedic EKG/Heart Monitor
Upgrade
Submitted
4/28/23
California
Department of
Transportation
Clean California
Local Grant
Program
Grant Request:
$168,975
Match: 25%
Heritage Park Shade Structure and
PIP Surfacing
Submitted
5/10/23
Award
announcement
expected
August or
September
2023.

California
Department of
Justice
Tobacco Grant
Program
$416,413.00 Specialized detective in tobacco
related retail compliance checks
and decoy operations and
increased educational training
courses on underage tobacco use
Submitted
6/21/23
Award
announcement
expected
October 2023.

Page 3 of 10 ends

Board of State and
Community
Correction (BSCC)
Organized Retail
Theft Prevention
Program
$370,999.00 Combatting Crime Through
Enforcement and Education
Submitted
7/7/2023
Award
announcements
expected
September or
October 2023.

Grants in Progress
Name Awards & Match Description Timeline
None at this time
Looking Ahead: Grant Program Highlights
Transportation
Name Awards & Match Description Timeline
Department of
Transportation
Promoting Resilient
Operations for
Transformative,
Efficient, and CostSaving
Transportation
(PROTECT)
Program
Min Award:
$100,000
No Max Award
Match Required
The purpose of the PROTECT
program is to help local agencies
improve the resiliency of their onsystem transportation infrastructure. The program
provides federal funding to projects
to help communities address
vulnerabilities due to weather,
natural disasters, and climate
change. The program also
provides funds to plan
transportation improvements and
emergency response strategies to
address those vulnerabilities.

PROTECT grants include
resilience improvement grants,
community resilience and
evacuation route grants, and at-risk
coastal infrastructure grants.

August 18,
2023
Department of
Transportation
Multimodal Project
Discretionary Grant
Program
Mega Program:
$1.8 billion
available
The Mega program supports
large, complex projects that are
difficult to fund by other means and
are likely to generate national or
regional economic, mobility, or
safety benefits. Eligible projects
could include highway, bridge,
August 21,
2023

Page 4 of 10 ends

INFRA Program:
$3.1 billion
available
Rural Program:
$675 million
available
freight, port, passenger rail, and
public transportation projects of
national or regional significance.

The INFRA program awards
competitive grants to multimodal
freight and highway projects of
national or regional significance to
improve the safety, accessibility,
efficiency, and reliability of the
movement of freight and people in
and across rural and urban areas.

Eligible projects will improve
safety, generate economic
benefits, reduce congestion,
enhance resiliency, and hold the
greatest promise to eliminate
supply chain bottlenecks and
improve critical freight movements.

The Rural program supports
projects that improve and expand
our nation’s surface transportation
infrastructure in rural areas in order
to increase connectivity, improve
the safety and reliability of the
movement of people and freight,
and generate regional economic
growth and improve quality of life.

Eligible projects for Rural grants
include highway, bridge, and tunnel
projects that help improve freight,
safety, and provide or increase
access to agricultural, commercial,
energy, or transportation facilities
that support the economy of a rural
area.

California Air
Resources Board
Planning and
Capacity Building
(Planning), Clean
Mobility in Schools
(CMIS), and the
Sustainable
Transportation
Equity Project
(STEP)
Planning Grants:
$3,000,000
available
Max Award:
$500,000
CMIS Grants:
$14,800,000
available
STEP Grants:
$14,850,000
available
The overarching purpose of these
programs is to increase
transportation equity in
disadvantaged and low-income
communities throughout California.

Planning projects are intended to
increase transportation equity in
disadvantaged and low-income
communities by improving the local
understanding of residents’
transportation needs, helping
develop organizational and
Concept
Phase
applications
due September
8, 2023
Full Phase
applications
due November
3, 2023

Page 5 of 10 ends

community capacity building so
communities are ready to plan for
clean transportation solutions, and
preparing communities to
implement community-identified
projects that fill transportation gaps
and improve clean transportation
access.

CMIS is focused on supporting
public school communities by
funding innovative and holistic
projects with the potential to benefit
the student body, school staff,
parents, and nearby residents.

STEP is focused on supporting
projects that have the potential to
reduce passenger vehicle miles
traveled (VMT) and that prioritize
long-term mode shift toward
sustainable mobility and VMT
reduction.

Caltrans
Reconnecting
Communities:

Highways to
Boulevards Pilot
Program
Planning Grant
Range: $200,000–
$2,000,000
Construction Grant
Range:
$3,000,000–
$100,000,000
No Match Required
The goal of the RC:H2B Pilot
Program is to reconnect
communities harmed by
transportation infrastructure,
through community-supported
planning activities and capital
construction projects.

September 20,
2023
Public Safety
Name Awards & Match Description Timeline
Department of
Homeland Security
(DHS)
State and Local
Cybersecurity Grant
Program
Min Award:
$500,000
No Max Award
Match Required
The goal of SLCGP is to assist SLT
governments with managing and
reducing systemic cyber risk. For
Fiscal Year (FY) 2023, applicants
are required to address how the
following program objectives will be
met in their applications:
(1) Develop and establish
appropriate governance structures,
including developing,
TBD 2023

Page 6 of 10 ends

implementing, or revising
cybersecurity plans, to improve
capabilities to respond to
cybersecurity incidents and ensure
continuity of operations.
(2) Understand their current
cybersecurity posture and areas for
improvement based on
continuous testing, evaluation, and
structured assessments.
(3) Implement security protections
commensurate with risk.
(4) Ensure organization personnel
are appropriately trained in
cybersecurity, commensurate with
responsibility.

Note: Potential grant applicants are
encouraged to join in the CCTFCIPS subcommittee’s work.

Parks and Recreation
Name Awards & Match Description Timeline
Game Time
Community
Champions
Playground Grant
Apply for 100%
matching funds
towards a
playground system
GameTime is offering up to 100%
matching funds on playground
systems, helping your community
bring play to more children and
families. The playground grant
funds are available for the
purchase of new play systems
based on need and on a first-come,
first-served basis.

Applications
are due
October 20,
2023
Arts/Humanities
Name Awards & Match Description Timeline
National Endowment
for the Arts
Our Town
Min Award:
$25,000
Max Award:
$150,000
Minimum NonFederal Match
Our Town is the NEA’s creative
placemaking grants program.

Through project-based funding, the
program supports activities that
integrate arts, culture, and design
into local efforts that strengthen
communities over the long term.

Competitive projects are
Part 1
Grants.gov
submission due
August 3, 2023
Part 2
Applicant Portal
submission

Page 7 of 10 ends

Equal to Grant
Amount Required
responsive to unique local
conditions, authentically engage
communities, center equity,
advance artful lives, and lay the
groundwork for long-term systems
change. These projects have a
required partnership component.
open from
August 10–17,
2023
CalHumanities
Humanities for All
Quick Grant
Min Award:
$1,000
Max Award:
$5,000
No Match
Required
Quick Grants are awarded three
times a year to small-scale public
humanities programs and projects
which take place within one year
from the award date. Projects
should be grounded in the
humanities, show potential to
provide high quality humanities
learning experiences for
participants and audiences, and
demonstrate capacity for
successful implementation.

Open
September 1,
2023 to
October 2,
2023
Institute of Museum
and Library Services
National Leadership
Grants for Libraries
Laura Bush 21st
Century Librarian
Program
Planning Grants
$50,000–$150,000
No Match
Required
Forum Grants
$50,000–$150,000
No Match
Required
Implementation
Grants
$50,000–
$1,000,000
Requests of more
than $250,000+
require at least 1:1
non-federal match
Applied Research
Grants
$50,000–$750,000
No Match
Required
The National Leadership Grants
for Libraries Program (NLG-L)
supports projects that address
critical needs of the library and
archives fields and have the
potential to advance practice and
strengthen library and archival
services for the American public.

Successful proposals will generate
results such as new models, tools,
research findings, services,
practices, and/or alliances that can
be widely used, adapted, scaled, or
replicated to extend and leverage
the benefits of federal investment.

The Laura Bush 21st Century
Librarian Program (LB21)
supports the training and
professional development of library
and archives professionals;
developing faculty and information
leaders; and recruiting, educating,
and retaining the next generation of
library and archives professionals
in order to develop a diverse library
and archival workforce and meet
the information needs of their
communities.

Applications
due September
20, 2023

Page 8 of 10 ends

Community Development
Name Awards & Match Description Timeline
Environmental
Protection Agency
Solar for All
Max Award:
$400,000,000
Min Award:
$25,000,000
No Match
Required
The Solar for All competition is
designed to spur the deployment of
residential distributed solar energy
to lower energy bills for millions of
Americans and catalyze
transformation in markets serving
low-income and disadvantaged
communities. Grantees will use
funds to expand existing lowincome solar programs or design and deploy new Solar for All
programs nationwide. EPA will not
fund individual projects under this
competition.

NOI due August
14, 2023 for
municipalities
Applications
due September
26, 2023
California Governor’s
Office of Emergency
Services (Cal OES)
Building Resilient
Infrastructure and
Communities (BRIC)
2023 NOFO
forthcoming
BRIC will support states, local
communities, tribes, and territories
as they undertake hazard
mitigation projects, reducing the
risks they face from disasters and
natural hazards. For FY 2023 BRIC
is prioritizing the following types of
projects: infrastructure projects,
projects that benefit disadvantaged
communities as referenced in EO
14008, projects that incorporate
nature-based solutions including
those designed to reduce carbon
emissions, climate change
adaptation and resilience projects,
and projects proposed by
applicants who adopt and enforce
mandatory Tribal-, territory-, or
state-wide building codes based on
the latest published editions of
building codes.

Notice of
Interest due
August 18,
2023
Subapplication
due November
8, 2023
Strategic Growth
Council
Community
Resilience Centers
(CRC) Program
Three types of
grants available:

Planning
$100,000–
$500,000
Project
Development
SGC’s CRC program will fund
planning, development,
construction, and upgrades of
neighborhood-level Community
Resilience Centers to provide
shelter and resources during
climate and other emergencies,
such as extreme heat events and
poor air quality days. The program
Application PreProposals (for
Implementation
Grants only)
due August 25,
2023
Final
application due

Page 9 of 10 ends

$500,000–
$5,000,000
Implementation
$1,000,000–
$10,000,000
will also fund ongoing year-round
community services and programs,
such as food distribution and
workforce development training,
that build overall community
resilience.

September 5,
2023
Governor’s Office of
Planning and
Research
ICARP Regional
Resilience Planning
and Implementation
Grant Program
Planning Grants
Min Award:
$150,000
Max Award:
$650,000
Implementation
Grants
Min Award:
$650,000
Max Award:
$3,000,000
The RRGP will help address local,
regional, and tribal climate
resilience needs by supporting
climate-resilient planning and
implementation projects at the
regional scale.

Planning grants are intended for
applicants who wish to investigate,
research, and conduct community
engagement to determine what
solution is appropriate to the
climate risk(s) their region is facing.

Implementation grants are
intended to implement the solution
to the greatest climate risk(s) in
their region. An implementation
project may address and mitigate
the region’s greatest climate risk(s)
through physical interventions (i.e.,
capital projects) and/or nonphysical interventions (i.e., programs or processes).

Must submit
and Intent to
Apply Survey
Applications
due August 29,
2023
T-Mobile
Hometown Grant
Program
Max Award:
$50,000
No Match
Required
The Hometown Grants program
funds projects to build, rebuild, or
refresh community spaces that
help foster local connections in
your town. Projects should be
shovel-ready, physical builds or
improvements that can be
completed within 12 months of
receiving Hometown Grants
funding. Projects that add to a
sense of place or could lead to
further investment are of particular
interest.

Next quarterly
application is
open from July
2023 to
September
2023.

Page 10 of 10 ends

WalMart
Local Community
Grant Program
Min Award: $250
Max Award:
$5,000
The Local Community Grant
program funds projects in the
areas of Community/Economic
Development, Diversity/Inclusion,
Education, Environmental
Sustainability, Health and Human
Service, Hunger Relief, Public
Safety, Quality of Life.

Organizations may submit a total
number of 25 applications and/or
receive up to 25 grants within the
2023 grant cycle.

Ongoing

CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor Palomar & City Council
REPORT FROM: David Peters, City Engineer REVIEWED BY: AH AGENDA ITEM: Award Athwal Park Improvements Project
ACTION REQUESTED: ___Ordinance ___Resolution ____Motion ____Receive/File

EXECUTIVE SUMMARY
The City advertised the Athwal Park Improvements Project and requested bids on July 27, 2023. On August 8, 2023, the City received three responses from contractors for the project with bids ranging from $55,595.00 to $140,000.00.

The lowest bid was submitted by Power Design Electric of Kingsburg, California in the amount of $55,595.00. Power Design Electric possesses an active Class C-10, Electrical Contractor’s license in the State of California and the license is in good standing.

The work to be done consists, in general, includes clearing and grading, temporary power source and electrical service.

RECOMMENDED ACTION BY CITY COUNCIL

1. Staff recommends the award of Athwal Park Improvements Project to Power Design Electric in the amount of $55,595.00.

POLICY ALTERNATIVE(S)

1. Council could choose to reject all bids.

REASON FOR RECOMMENDATION/KEY METRIC

1. Power Design Electric was the lowest responsible bidder.

FINANCIAL INFORMATION

PRIOR ACTION/REVIEW
None
Meeting Date: 08/16/2023
Agenda Item: 5.8
FISCAL IMPACT:

1. Is There A Fiscal Impact? Yes

2. Is it Currently Budgeted? Yes

3. If Budgeted, Which Line?

Page 2 of 2 ends

BACKGROUND INFORMATION
The City advertised the Athwal Park Improvements Project and requested bids on July 27, 2023. The work to be done consists, in general, includes clearing and grading, temporary power source and electrical service.

On August 8, 2023, the City received three responses from contractors for the project with bids ranging from $55,595.00 to $140,000.00. The lowest bid was submitted by Power Design Electric of Kingsburg, California in the amount of $55,595.00. Power Design Electric possesses an active Class C-10, Electrical Contractor’s license in the State of California and the license is in good standing.

ATTACHED INFORMATION

1. Bid Summary
BID SUMMARY "August 8, 2023"

BASE BID SCHEDULE
Item No. Quantity Unit Item Description Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount 1 1 LS Mobilization ($5,000 Maximum) $5,000.00 $5,000.00 $2,225.00 $2,225.00 $4,390.00 $4,390.00 $5,000.00 $5,000.00 2 1 LS Clearing and Grubbing $5,000.00 $5,000.00 $100.00 $100.00 $4,387.50 $4,387.50 $30,000.00 $30,000.00 3 1 LS Temporary Power Source $40,000.00 $40,000.00 $42,270.00 $42,270.00 $32,280.50 $32,280.50 $75,000.00 $75,000.00 4 1 LS Miscellaneous Facilities and Operations $5,000.00 $5,000.00 $1,000.00 $1,000.00 $11,245.80 $11,245.80 $20,000.00 $20,000.00 5 1 LS Supplemental Work $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 TOTAL BASE BID $65,000.00 $55,595.00 $62,303.80 $140,000.00 Engineer's Estimate
CITY OF KINGSBURG - "Athwal Park Improvements"
#3
Caliber Contracting Services, Inc.
#2
Harris Development Corp.
#1
Power Design Electric
Senate Bill 231
Amended, June 16, 2023

SUMMARY
Senate Bill 231 requires the Department of
Water Resources (DWR) to adopt key
recommendations made by the independent
California State Auditor. These
recommendations stem from a recently released
audit which examined DWR’s management of
the state’s water supply. Specifically, SB 231
would require DWR to
 Establish a formal process to annually
evaluate the accuracy of its water supply
forecasts and establish plans to improve
those forecasts.
 Adopt a new water supply forecasting
model and implement procedures that
address the effects of climate change.
 Implement a formal policy and
procedures for documenting DWR’s
operational plans for the state’s water
supply. The Department of Water
Resources is also required to address the
rationale for its operating procedures.
 Develop a comprehensive, long-term
plan for mitigating and responding to the
effects of drought

PROBLEM
Due to the impacts of climate change, accuracy
in modeling is imperative to managing water
resources properly. During Water Year 2021,
DWR's modeling errors resulted in the excessive
release of around 700,000 acre-feet of water
from California reservoirs. Billions of gallons of
water were released into the Sacramento-San
Joaquin Delta without benefiting humans or
wildlife. This loss of water had severe
consequences for California due to the
significantly lower runoff than anticipated

BACKGROUND
In March 2022, former Assemblymember Gray
submitted a letter requesting an audit of the
Department of Water Resources investigating the
management and administration of surface
water. This audit included investigations into the
accuracy of data collection, predictive models,
and procedures used by the state. The findings of
the audit can help ensure forecast modeling
mistakes are avoided in future water years. In
addition, improved transparency by the DWR
may offer clarity and a better understanding of
the policies it implements.

SOLUTION
SB 231 requires DWR to update its policies and
procedures to better combat the impacts of
climate change. The bill also requires DWR to
document and address the decisions behind its
water operating decisions. Accurate water data
collection, planning, and accountability will
ensure water stays a vital resource for the public
for generations to come.

FOR MORE INFORMATION
Harrison Pardini, Legislative Aide
[email protected]
(916) 651-4016
Senate Bill 265
The Critical Infrastructure Cybersecurity Preparedness Act As Amended June 19, 2023

SUMMARY
SB 265 takes action to combat the growing issue of
cyber threats and cyberattacks by directing the
California Office of Emergency Services (Cal-OES)
and the California Cybersecurity Integration Center
(Cal-CSIC) to develop outreach and funding plans to
improve cybersecurity preparedness in California’s
critical infrastructure sectors.

PROBLEM
Recent reports regarding various cybersecurity
attacks in the education, health care, energy, and
financial sectors have demonstrated that California’s
critical infrastructure sectors are vulnerable to attack and suffer from a stark lack of cybersecurity
preparedness.

Research has shown an increase in the number of
cyberattacks targeting critical infrastructure sectors.

These cyberattacks are predominantly made up of
phishing attempts and ransomware.

In December 2022, the California Department of
Finance, itself, was hit by a cybersecurity threat that took several days to control. And, in September
2022, the Los Angeles Unified School District
experienced a cybersecurity attack where attackers
threatened to release highly confidential information.

This lack of preparedness threatens California’s
economy and the livelihood of those who rely on
these sectors. Unless at-risk companies and systems
begin to prioritize their cybersecurity, any cyber
threats they face will have the potential to harm not
only California’s economy, but also the well-being
of individual Californians.

BACKGROUND
In 2018, Governor Brown signed legislation which
defined and established the California Cybersecurity
Integration Center (Cal-CSIC). Cal-CSIC operates
under the Office of Emergency Services (Cal-OES),
and is responsible for planning California’s
cybersecurity strategy and coordinating with both
federal and state government entities to execute that
strategy. Cal-CSIC continues to build California’s
cybersecurity strategy, and work with individual
state departments to ensure individual infrastructure
sectors have cybersecurity policies and protocols.

In 2022, Governor Newsom signed similar
legislation which requires Cal-OES to direct the
California Cybersecurity Integration Center (CalCSIC) to prepare a multi-year outreach plan to assist the agriculture and water industries specifically in
efforts to improve cybersecurity, and options for
providing grants and other support to improve
cybersecurity preparedness.

SOLUTION
SB 265 expands on previous work by requiring CalOES and Cal-CSIC to develop cybersecurity preparedness plans for California’s critical
infrastructure sectors. The plans must include a
strategic, multiyear outreach strategy focusing on
methods for coordinating with other state and federal
agencies, nonprofit organizations, and associations
that provide cybersecurity services or resources in
the critical infrastructure sector, as well as plans
outlining the funding options necessary to achieve
this outreach.

SUPPORT
California Water Association
City of Dinuba
City of Lindsay
City of Porterville
County of Tulare
Cybersecurity Center at CSU, San Bernardino
Los Angeles County Sanitation Districts
OACYS Technology
Porterville Chamber of Commerce

FOR MORE INFORMATION
Juan Carlos Martir, Legislative Aide
Office of Senator Melissa Hurtado
[email protected]
(916) 651-4016
Senate Bill 577
State Fire Training Accessibility Act
Introduced, February 15, 2023

SUMMARY
SB 577 allows the State Fire Marshal to accept
additional funding sources for the California
Fire Service Training and Education Program.

The bill would make the same change relative
to the California Fire and Arson Training Act.

Permitting the State Fire Marshall to receive
additional funding sources for training
programs will help to mitigate rising fees for
those seeking fire training certification.

PROBLEM
California State Fire Training (SFT) provides
curriculum and certification to current fire
department, firefighters, and individuals
seeking a career in the fire service. These
courses meet or exceed National Fire
Protection Association and National Wildfire
Coordination Group standards. This training is
provided to over 23,000 paid and volunteer
firefighters every year.

When SFT was established, it only allowed for
user fees to recover the cost of staff, course
development and certification. Over the years
the fire service has become more professional
and certifications are now required for every
position in the fire service. To generate enough
revenue, fees needed to be raised by over
200% and in some cases 400%. This has
resulted in courses and certification becoming
unaffordable to volunteer firefighters and
individuals seeking entry level positions.

BACKGROUND
The California Fire Service Training and
Education) Division under the CAL FIRE – Office
of the State Fire Marshal provides an essential
need for a diverse California fire service. It is
responsible for rules and regulations, course
development, oversight of course delivery,
certification, instructor registration, evaluator
registration, and certification testing. This division
is vital to the fire service because it provides the
course curriculum for over 160 different courses
and 26 certification levels, including some
nationally accredited certifications.

In the era of climate change, the fire service is
regularly responding to mass conflagration
wildfires and the need for well-trained fire
personnel has never been greater. Central to
achieving this goal is making SFT courses both
accessible and affordable to all fire personnel,
especially the next generation of firefighters.

Historically, SFT has been able to provide these
services at a minimal cost to its users. However,
doing so in an increasingly complex and
expanding arena of fire protection has resulted in
funding shortfalls, requiring a significant increase
in their fees.

Solution
SB 577 allows the State Fire Marshal to accept
additional funding sources for the California Fire
Service Training and Education Program. The bill
would make the same change relative to the
California Fire and Arson Training Act. Given the
enormous risk of fire and other disasters that face
California, we must make SFT an affordable
solution for our paid and volunteer firefighters,

as well as students wishing to enter the fire
service. Permitting the State Fire Marshall to
receive additional funding sources for training
programs will help to mitigate rising fees for
those seeking fire training certification. The
financial obstacles the fee increases have
created for students and fire departments
demands a legislative solution.

FOR MORE INFORMATION
Harrison Pardini, Legislative Aide
Office of Senator Melissa Hurtado
[email protected]
(916) 651-4016

CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor Palomar & City Council
REPORT FROM: David Peters, City Engineer REVIEWED BY: AJH AGENDA ITEM: Golden State Boulevard (Simpson Street) Improvements Update ACTION REQUESTED: ___Ordinance ___Resolution ____Motion ____Receive/File

EXECUTIVE SUMMARY
The Fresno Council of Governments (Fresno COG), the County of Fresno, and Fresno County Transportation Authority been working collaboratively for several years to improve the Golden State Boulevard Corridor from American Avenue north of Fowler to Mission Street in the southern portion of Kingsburg. The project is majority funded through Measure C.

Preliminary design was initiated in 2009. The project includes three major components: construction of a pedestrian/bicycle trail, capacity and safety improvements to various intersections, and reconstruction of the mainline roadway including curbs, gutters, sidewalks and storm drainage improvements. The Union Pacific Railroad (UPRR) is directly adjacent to the corridor for the length of the project. There are a few at-grade crossings that are proposed by the design team to be significantly improved such as the Kamm/Bethel intersection, which includes travel lanes being raised to provide a more level intersection and installation of traffic signals, and the Stroud Ave intersection, which is being realigned to eliminate a significant skew and to align with the K-Corp access driveway and also includes the installation of traffic signals. The design team engaged the California Public Utilities Commission (CPUC), which is the agency that regulates the railroads, and UPRR during the initial stages of the design phase to coordinate permitting for the project. During initial meetings, UPRR determined that, because the project included a pedestrian/bicycle trail, additional pedestrian and bicycle traffic would be generated across all of the adjacent at-grade railroad crossings along the project corridor. Due to this increase in traffic, UPRR required significant modifications to most at-grade railroad crossings that are adjacent to intersections that proposed little to no modifications from existing conditions; and included those improvements as a condition of issuance of a permit for work within their right-of-way. As a result, the pedestrian/bicycle trail component was removed from the project.

After removal of the pedestrian/bicycle trail component, the design team again engaged with UPRR and the CPUC regarding proposed improvements and issuance of permits for work within the railroad right-of-way. UPRR continued to require significant modifications to at-grade railroad crossings that are adjacent to intersections that include little to no modifications from existing conditions. Due to these requirements from UPRR and CPUC, which are outside the original scope of the design and are imposing a significant budget burden on the project, and the need to comply with a funding requirement for the remaining portion of the project, the intersection work was removed from project and the work was split into two phases. Phase 1 includes the reconstruction of the mainline lanes and associated improvements such as curbs, gutter, and storm drainage facilities between intersections. Phase 2 includes the intersection improvements, including approximately 300 feet of mainline lane reconstruction on each of each intersection. An exhibit displaying the Phase 1 and Phase 2 improvements at the Kamm/Bethel intersection is attached.

Meeting Date: 08/16/2023
Agenda Item: 6.2

Page 2 of 2 ends

Phase 1 is currently under construction and a significant portion of the work has been completed. Currently, a start date for Phase 2 has not been determined, however, it is estimated that it would not begin until at least summer of 2024. City staff expressed concerns with splitting the project into two phases in August of 2022 due to the discontinuity of project construction and the uncertainty of the completion of Phase 2 but were told it was necessary to meet LPP funding deadlines and avoid losing $7M in project funding. For this reason, the City reluctantly agreed to the phased construction approach. City staff has been working with Fresno County and FCTA staff to construct temporary pavement improvements at both the Kamm/Bethel and Stroud intersections to enhance drivability and safety during the interim period between completion of Phase 1 and the start of Phase 2. Attached are exhibits of temporary paving that are proposed at both intersections. The County/FCTA has agreed to pay for and perform the temporary paving at the Kamm/Bethel in the amount of $41,210. The County/FCTA has denied the request for temporary paving at the Stroud Intersection in the amount of $56,104 because of the temporary nature of the work.

It is Staff’s understanding that there is still significant coordination that is required between the design team, UPRR and CPUC regarding completing design plans and permitting railroad work so that construction of Phase 2 can commence. This work includes receiving CPUC approval for the at-grade crossing improvements in the form of a signed GO-88 document, Construction and Maintenance Agreements with UPRR, as well as completion of design documents. Additionally, it is unknow if funding is available to complete Phase 2, particularly in Segment 1 (Kingsburg area) of the project. Completion of these tasks and securing necessary approvals will likely result in delaying the construction of Phase 2 until at least summer 2024.

RECOMMENDED ACTION BY CITY COUNCIL

1. Informational. Council may provide direction to staff as desired.

POLICY ALTERNATIVE(S)

1. N/A

REASON FOR RECOMMENDATION/KEY METRIC

1. Improve Community Communication

2. Improve Public Safety

3. Ensure Financial Stability

FINANCIAL INFORMATION

PRIOR ACTION/REVIEW

1. Staff has provided prior reports to Council on the project.

BACKGROUND INFORMATION
See Executive Summary.

ATTACHED INFORMATION

1. Kamm/Bethel Intersection Exhibit

2. Kamm / Bethel Temp Paving Exhibit

3. Stroud Temp Paving Exhibit
FISCAL IMPACT:

1. Is There A Fiscal Impact? Yes

2. Is it Currently Budgeted? No

3. If Budgeted, Which Line? TBD

\\cityhall-dc\CHUsers\Abigail Palsgaard\City Council\City Council Staff Reports\2023\2023.08.16 Council Staff Reports\8-10-23 report.doc Page 1 of 4

CAPITAL IMPROVEMENT PROJECTS
I. Downtown Parking Lots Rehabilitation
The project has been completed.

II. 18th & 12th Avenue Sidewalks
The design phase is complete and all right-of-way acquisitions are currently in escrow. The project will begin the construction phase after receipt of authorization from Caltrans (expected this fall).

III. Madsen Avenue Street Reconstruction

The design phase is complete. The project will begin the construction phase after receipt of authorization from Caltrans (expected this fall).

IV. 2023 Streets Project
The project includes rehabilitate pavements on the following streets:
• 18th Avenue – Earl Street to Kern Street
• 22nd Avenue – Sierra Street to Orange Ave
• 10th Avenue – Stroud Ave to Kamm Ave
The project is completed with the exception of pavement striping work in some locations.

V. Laurel Street Dog Park

The project will construct improvements to the Dog park including shade structures, turf, landscaping, and other amenities. Project is currently in the design phase and the conceptual design will reviewed by the Community Services Commission on August 23rd.

CITY OF KINGSBURG

ENGINEERING PROGRESS REPORT
August 10, 2023
\\cityhall-dc\CHUsers\Abigail Palsgaard\City Council\City Council Staff Reports\2023\2023.08.16 Council Staff Reports\8-10-23 report.doc Page 2 of 4
VI. Sierra Street RRFB Improvements
The project will install rectangular rapid flashing beacons at the Draper Street, 19th Avenue and 20th Avenue intersections along Sierra Street. The design phase is complete, and construction will commence upon receipt of the Caltrans encroachment permit (expected September 2023).

VII. Athwal Park Improvements
The project will install restrooms at Athwal Park. Initial pad and utility work has been performed and the building has been set. Water, sewer, electrical utility work as well as concrete hardscape needs be completed to place the restroom into services. Estimated completed date is October 2023.

VIII. Police Station Remodel
The project is complete with the exception of locker installation and final punch list work. It is expected that the project will be finalized in October 2023.

IX. TOD Phase 1
The project includes construction of curb extension at four intersections on Lewis Street and construction of bike lanes on Draper Street. Concept designs are currently being reviewed by staff and will be presented to Council this fall.

X. Senior Center Kitchen Remodel
The project includes remodel and upgrade of the Senior Center kitchen.

Preliminary design drawings have been completed. Construction is anticipated to commence in late fall 2023.

XI. Waterline Improvements
The project includes installation of waterline improvements to improve fire flows in 15th Avenue, 16th Avenue and Draper Street. The project is in early stages of the design phase.

XII. Mariposa Avenue Reconstruction
The project includes reconstruction of Mariposa Avenue between 6th Ave and 10th Avenue. The project is in early stages of the design phase. \\cityhall-dc\CHUsers\Abigail Palsgaard\City Council\City Council Staff Reports\2023\2023.08.16 Council Staff Reports\8-10-23 report.doc Page 3 of 4

PLANNING & DEVELOPMENT PROJECTS
XIII. Development Projects
The City Engineer is performing engineering review and/or inspection of the following entitlement projects:
a) TTM 6151 – The infrastructure is mostly complete.
b) TTM 6167 (Kings Estates Phase 3) – Infrastructure work is nearly complete.
c) Tract 6421 (Kings Estates Phase 4) - The Final Map and improvement plans are nearly completed.
d) Sinclair Gas Station – The City Engineer is reviewing design plans corresponding to the latest approved Site Plan Review.
e) Rafer Johnson Drive / Sierra Street Gas Station - The City Engineer is reviewing improvement plans related to on-site and off-site infrastructure improvements.
f) Proposed Truck Wash / Repair (Simpson/Bethel) - The City Engineer is reviewing a Site Plan Review application for redevelopment of the project located in the southwest quadrant of Simpson Street / Bethel Avenue. g) Sohol Apartments – The City Engineer is reviewing improvement plans related to on-site and off-site infrastructure improvements. h) KMF Phases 1, 2 & 3 – The City Engineer has completed plan review and permitting and is providing construction inspection for all three phases of the project.
i) Matoian Property – The City Engineer has developed preliminary designs and parcel layouts for future development of the parcel. j) Grace Church (Phase 1) – The City Engineer has completed plan review and permitting for frontage sidewalks and street lights associated with the project.

OTHER PROJECTS
XIV. PG&E Rule 20A Undergrounding Projects
The City Engineer is working with PGE to complete the 10th Avenue (Draper Street to Roosevelt Street) undergrounding project within the City of Kingsburg.

XV. Urban Water Management Plan Update
The City Engineer is updating the City’s Urban Water Management Plan. The State Water Board requires that the plan be updated every 5 years. \\cityhall-dc\CHUsers\Abigail Palsgaard\City Council\City Council Staff Reports\2023\2023.08.16 Council Staff Reports\8-10-23 report.doc Page 4 of 4
XVI. Local Road Safety Plan
The City Engineer is beginning preparation of a Local Road Safety Plan which is required to be eligible for grant application submission under the Highway Safety Improvement Program.

XVII. CMAQ/STBG/CRP Grant Applications
The City Engineer’s office is preparing the grant applications for these three transportation related grant programs.

CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor Palomar & City Council
REPORT FROM: David Peters, City Engineer REVIEWED BY: AJH AGENDA ITEM: 2023/24 CMAQ, STBG & CRP Project Applications ACTION REQUESTED: ___Ordinance ___Resolution ____Motion ____Receive/File

EXECUTIVE SUMMARY
The Fresno County Council of Governments is soliciting grant applications for the 2023-24 Congestion Mitigation Air Quality (CMAQ) Program/ Carbon Reduction Program (CRP) / Surface Transportation Block Grant (STBG) Program. Grant applications are due September 15, 2023, September 17, 2023, and October 6, 2023, respectively.

Staff has identified the following candidate projects corresponding to each of the programs as follows:

CMAQ – This program funds projects that reduce emissions and relieve congestion. Typical projects include intersection improvements, bike lanes, sidewalks, etc. Staff has identified the following candidate projects to be submitted for funding consideration:

1. Gilroy Ave / Mariposa Ave/ 18th Avenue Roundabout

2. 19th/20th Alley Paving from Sierra St to Mariposa Street

3. 18th / 19th Alley Paving from Sierra Street to Mariposa Street

4. Sierra Street (SR 201) / 18th Avenue Intersection Improvements

5. Sierra Street (SR 201) / Marion Street Roundabout
Staff recommends identifying one or two of the identified candidate CMAQ projects for inclusion in the application.

CRP – This program funds projects that will reduce carbon emissions. Typical projects include transit improvements, electric vehicle technology, and active transportation (non-motorized transportation facilities such as sidewalks, bike trails, etc.). Staff has identified the following candidate projects to be submitted for funding consideration:

1. Crossing Enhancements (RRFB replacing in-pavement warning lights) a. Sierra Street / Rafer Johnson Drive
b. 10th Avenue / Union Street
c. Kern Street (Ave 396) / 18th Avenue

2. Depot Parking Lot EV Charging Facilities
STBG – This program funds maintenance and safety projects on major collector and arterial roadways. Typical projects include roadway repaving, safety enhancements such as barriers and signing, landscaping, capacity improvements such as lane widening, etc. Staff has identified the following candidate projects to be submitted for funding consideration:

1. 18th Avenue Reconstruction – Earl Street to Sierra Street

2. Sierra Street Reconstruction – Rafer Johnson Drive to Bethel Avenue Guidelines for each of the three grant programs are attached.

Meeting Date: 08/16/2023
Agenda Item: 6.4

Page 2 of 2 ends

RECOMMENDED ACTION BY CITY COUNCIL

1. Provide staff direction

POLICY ALTERNATIVE(S)

1. Council could choose to not submit application(s).

REASON FOR RECOMMENDATION/KEY METRIC

1. Ensure Financial Stability

FINANCIAL INFORMATION

PRIOR ACTION/REVIEW

1. None.

BACKGROUND INFORMATION
See Executive Summary.

ATTACHED INFORMATION

1. CMAQ Program Guidelines

2. CRP Program Guidelines

3. STBG Program Guidelines
FISCAL IMPACT:

1. Is There A Fiscal Impact? Yes

2. Is it Currently Budgeted? No

3. If Budgeted, Which Line? TBD
2023- 2024
Congestion Mitigation & Air Quality
Improvement (CMAQ) Program

FINAL INTERIM PROGRAM

GUIDELINES
May 2023
2035 Tulare Street, Suite 201
Fresno, CA, 93721
559-233-4148
2 Table of Contents
CMAQ PROGRAM OVERVIEW ...........................................................................................................................3 PROGRAM FUNDING............................................................................................................................................5 PROJECT ELIGIBLITY CRITERIA ......................................................................................................................6 PROJECT CATEGORIES......................................................................................................................................8 COST-EFFECTIVENESS.................................................................................................................................... 10 REGIONAL BID PROJECT SELECTION PROCESS.................................................................................... 11 PROJECT DELIVERY AND OBLIGATION REQUIREMENTS.................................................................... 13 CMAQ SCORING CRITERIA RUBRIC............................................................................................................. 15 AIR QUALITY SCREENING CRITERIA........................................................................................................... 18 RESOLUTION SUPPORTING DELIVERY SCHEDULE ............................................................................... 20 SAMPLE COUNCIL/BOARD RESOLUTION .................................................................................................. 21 CONTACT INFORMATION ................................................................................................................................ 22 APPENDIX A: PROGRAM GUIDANCE UNDER MAP-21............................................................................ 23 APPENDIX B: FHWA FUNDING GUIDANCE................................................................................................. 23 APPENDIX C: REVISED GUIDANCE FOR OPERATING ASSSITANCE ................................................. 23 This document was funded in part through grant[s] from the Federal Highway Administration [and Federal Transit Administration], U.S. Department of Transportation. The views and opinions of the authors [or agency] expressed herein do not necessarily state or reflect those of the U.S. Department of Transportation.
3 CMAQ PROGRAM OVERVIEW

INTROUDCTION
The Congestion Mitigation and Air Quality Improvement (CMAQ) program funds transportation projects or programs that contribute to attainment or maintenance of the national ambient air quality standards (NAAQS), including those that reduce ozone precursor emissions (including nitrogen oxides (NOx), volatile organic compounds (VOC), carbon monoxide (CO), and particulate matter (PM) emissions or PM precursor (e.g. NOx) emissions from transportation.

In 1990, Congress amended the Clean Air Act (CAA) to accelerate NAAQS attainment. The amendments required further reductions in permissible tailpipe emissions, initiated more stringent control measures in nonattainment areas, and provided for a stronger link between transportation and air quality planning. In 1991, Congress adopted the Intermodal Surface Transportation Efficiency Act (ISTEA). This law authorized the CMAQ program to provide funding for surface transportation and related projects that contribute to air quality improvements and congestion mitigation. The CAA amendments, ISTEA, and the CMAQ program were intended to focus transportation planning toward a more inclusive, environmentally sensitive, and multimodal approach to addressing transportation problems. Congress has reaffirmed its commitment to air quality/transportation funding in each Surface Transportation Act reauthorization since 1991, and the program is authorized in Fixing America’s Surface Transportation Act (FAST Act).

Fresno COG, acting in its role as a Metropolitan Planning Organization (MPO), is programming the future federal transportation revenues that will come to the Fresno region. CMAQ funds are reimbursable federal aid funds, subject to the requirements of Title 23, United States Code. Eligible costs include preliminary engineering, right-of-way acquisition, capital costs, and constructions costs association with an eligible activity.

PROGRAM PURPOSE
The CMAQ program enables communities to build public awareness about the link between transportation and air quality, fund technological applications to improve transportation systems, or increase transit services, as a few examples. Most of the CMAQ project categories include a wide variety of measures to decrease vehicle emissions. Policy considerations exclude highway maintenance and reconstruction projects because these activities preserve existing levels of service and are unlikely to contribute to further improvements in air quality. Projects nominated for CMAQ funding must show positive air pollution emission reductions.

FUNDING ELIGIBILITY
Project applicants are either a public agency, i.e., city, county, special district, Caltrans, transit operator, transit authority or a non-profit agency with a public agency sponsorship. Successful project applicants, or their sponsors, must have executed a master agreement with Caltrans or be a Federal Transit Administration (FTA) eligible grant applicant, or have an agreement with such an eligible agency to sponsor the project.

Programming subcommittee convenes to review scoring criteria and call information April-May 2023
Guidelines, criteria, and application packet presented to TTC/PAC/Board for approval and initiation of Call-For-Projects June 2023 Application workshop for member agencies July 12, 2023
Regional bid project submittals due Sept. 15, 2023
CMAQ scoring committee convenes December 6, 2023
COG Policy Board approves recommended projects via resolution January 2024 Projects programed into 2023 FTIP March-April 2024
Submittal of FTIP to Caltrans and anticipated FHWA approval of 2023 FTIP/ Conformity Analysis Fall 2024
5 PROGRAM FUNDING

DISTRIBUTION
Fresno COG will use at least 95% of its CMAQ apportionment to fund a CMAQ regional bid competitive program. The remaining apportionment may be used for projects on the current contingency list, postprogramming adjustment requests, EPSP requests, or retain the funding for future programming cycles.

Fresno COG will manage the remaining apportionment based on project delivery of the current federal fiscal year to ensure funds are obligated in a timely manner and will follow Fresno COG’s adopted project delivery policy and procedures outlined in the associated document. 2023-24 AVAILABLE FUNDING
For the 2023-24 Cycle, Fresno COG estimates that a total $26,768,918 will be available in the regional bid funding pot. These numbers are subject to change.

As approved by the Fresno COG Policy Board, the proposed category targets* are as follows:
▪ Transit Improvements – 18.5%
▪ Cleaner Fuel Technology – 8%
▪ Traffic Flow Improvements – 22.5%
▪ PM2.5/10 Reducing – 25%**
▪ Active Transportation Projects*** (Formerly Bike/Ped) – 25% ▪ Miscellaneous – 1%
*Funding across all categories must meet the Fresno COG cost-effectiveness commitment **The MAP-21 Act requires PM2.5 nonattainment or maintenance areas, such as the San Joaquin Valley, use at least 25% of CMAQ funds for project that have a PM2.5 emission reduction ***Active transportation projects must follow CMAQ eligibility guidance which are detailed under the project category heading

FUNDING REQUIREMENTS
Matching Requirements: Most federal projects require a local match of 11.47%.

Authorization to Proceed and Reimbursement: Local agencies must follow Caltrans’ guidance and procedures for project authorization to proceed (Chapter 3) and invoicing (Chapter 5). All guidance and procedures can be found in the Local Assistance Procedures Manual located at the following link:
https://dot.ca.gov/programs/local-assistance/guidelines-and-procedures/local-assistance-proceduresmanual-lapm 6 PROJECT ELIGIBLITY CRITERIA
This guidance for project eligibility is based on FHWA’s Congestion Mitigation and Air Quality (CMAQ) Improvement Program guidance as described in the Bipartisan Infrastructure Law (BIL) fact sheet at https://www.fhwa.dot.gov/bipartisan-infrastructure-law/cmaq.cfm, as well as the Moving Ahead for Progress in the 21st Century (MAP-21) Act Interim Program Guidance dated Nov. 12, 2013. A link to that document is available in Appendix A..

All projects and programs eligible for CMAQ funds must come from a conforming Regional Transportation Plan (RTP) and Federal Transportation Improvement Program (FTIP) and be consistent with the transportation conformity provisions contained in section 176(C) of the Clean Air Act (CAA) and the Transportation Conformity Rule. Projects need to be included in FTIPs developed by MPOs or states respectively, under the metropolitan or statewide planning regulations. Projects also need to complete the National Environmental Policy Act (NEPA) requirements and meet basic eligibility requirements for funding under titles 23 and 49 of the United States Code. Projects must comply with Americans with Disabilities Act (ADA) requirements, and provisions for Buy America.

Project applicants are either a public agency, i.e. city, county, special district, Caltrans, transit operator, transit authority or a non-profit agency with a public agency sponsorship. Successful project applicants, or their sponsors, must have executed a master agreement with Caltrans or be a Federal Transit Administration (FTA) eligible grant applicant, or have an agreement with such an eligible agency to sponsor the project.

In cases where specific guidance is not provided, the following should guide CMAQ eligibility decisions.

CAPITAL INVESTMENT
CMAQ funds may be used to establish new or expanded transportation projects or programs that reduce emissions, including capital investments in transportation infrastructure, congestion relief efforts, diesel engine retrofits, or other capital projects. Please refer to Appendix C for the Revised Interim Guidance on CMAQ Operating Assistance under MAP-21, issued in July 2014.

MAP-21 PRIORITY SETASIDE FOR PM2.5 AREAS
Any state that has a PM2.5 nonattainment or maintenance area, including those with approved SIPs that identify on-road mobile sources as insignificant for regional transportation conformity, is required under MAP-21 to invest a portion of its CMAQ funding in projects that reduce PM2.5 directly or its precursors.

More specifically, 25 percent of the funds attributable to PM2.5 nonattainment in each of the affected states must be used for projects targeting PM2.5 reductions. In addition, the legislation highlights diesel retrofits as a primary example of such related projects. Fresno COG falls under this guidance and will ensure 25% of the regional bid project funding will target PM2.5 reductions through its category targets.

EMISSIONS REDUCTION REQUIRMENT
Air quality improvement is defined by several distinct terms in 23 U.S.C. §149. These terms include contribution to attainment, pollution reduction, air quality benefits, and others. For purposes of this guidance, emission reductions represent this group of terms. CMAQ-invested projects or programs must reduce CO, ozone precursor (NOx and VOCs), PM, or PM precursor (e.g., NOx) emissions from transportation. These reductions must contribute to the area’s overall clean air strategy and can be demonstrated by the assessment that is required under this guidance. States and MPOs also may consider the ancillary benefits of eligible projects, including greenhouse gas reductions, congestion relief, 7 safety, or other elements, when programming CMAQ funds, though such benefits do not alone establish eligibility.

PLANNING AND PROJECT DEVELOPMENT
Activities in support of eligible projects also may be appropriate for CMAQ investments. Studies that are part of the project development pipeline (e.g., preliminary engineering) under the National Environmental Policy Act (NEPA) are eligible for CMAQ support, as are FTA’s Alternatives Analyses. General studies that fall outside specific project development do not qualify for CMAQ funding. Examples of such efforts include major investment studies, commuter preference studies, modal market polls or surveys, transit master plans, and others. These activities are eligible for federal planning funds, not CMAQ funds.

PROJECTS NOT ELIGIBLE FOR CMAQ FUNDING
The following projects are ineligible for CMAQ funding:
▪ Light-duty vehicle scrappage programs.1
▪ Projects that add new capacity for single occupancy vehicles (SOVs) are ineligible for CMAQ funding unless construction is limited to high-occupancy vehicle (HOV) lanes. ▪ Routine maintenance and rehabilitation projects (e.g., replacement-in-kind of track or other equipment, reconstruction of bridges, stations, and other facilities, and repaving or repairing roads) Other funding sources, such as STP and FTA’s Section 5307 program, are available for such activities.
▪ Administrative costs may not be defrayed with program funds, e.g., support for a State’s “CMAQ Project Management Office” is not eligible.
▪ Projects that do not meet the specific eligibility requirements of titles 23 and 49 U.S.C. are ineligible.
▪ Stand-alone projects to purchase fuel.

More information is available in the Bipartisan Infrastructure Law (BIL) fact sheet at https://www.fhwa.dot.gov/bipartisan-infrastructure-law/cmaq.cfm. For complete information on project eligibility please see: The Congestion Mitigation and Air Quality (CMAQ) Improvement Program under the Moving Ahead for Progress in the 21st Century Act Interim Program Guidance November 12, 2013.

A copy of the guidance is available in Appendix A

BUY AMERICA
Buy America provisions ensure that transportation infrastructure projects are built with American-made products. That means that the Department of Transportation investments are able to support an entire supply chain of American companies and their employees. If your project is selected for CMAQ funding, and requires compliance with Buy America, you will need to work with Caltrans Local Assistance to ensure all provisions of Buy America are met.
1 23 U.S.C. §149(b)
8 PROJECT CATEGORIES
The CMAQ program funds transportation projects or programs that will contribute to improved air quality standards. Fresno COG continues to pursue funding a balanced program of transportation projects that will improve air quality in our region. Projects are compared, scored, and funded within the same category.

TRANSIT IMPROVEMENTS
▪ New transit facilities if they are associated with new or enhanced transit service. ▪ New transit vehicles (bus, rail, van) to expand the fleet. ▪ Existing fleet vehicles’ replacement or retrofits.
▪ Operating assistance to support new transit services
▪ Subsidies for regular transit fares, but only if the reduced or free fare is part of an overall program for preventing exceedances of an air quality standard during periods of high pollutant levels.

CLEANER FUEL TECHNOLOGY
▪ Alternative fuel vehicles (school buses, refuse vehicles, trucks, etc.). ▪ On-site fueling facilities and other infrastructure needed to fuel alternative-fuel vehicles. ▪ Diesel retrofits (non-transit)
Note: CMAQ funding for vehicles that serve general government operations (e.g., police and firefighting) is limited to the incremental cost difference between standard and alternative fuel vehicles. For public fleet alternative fuel vehicles that provide a dominant transportation function, the full vehicle is eligible for participation. Please see Appendix B for the April 6, 2011 FHWA memo and the May 1, 2012 FHWA clarification.

Note: Most projects funded under this category must comply with Buy America requirements.

TRAFFIC FLOW IMPROVEMENTS
▪ Projects to develop, establish, and implement the congestion management system for both highway and transit facilities.
▪ Traffic signal and/or intersection modernization, coordination, or synchronization projects designed to improve traffic flow within a corridor or throughout an area. ▪ New traffic signal or roundabout projects designed to improve traffic flow at a congested intersection within a corridor or throughout an area.
▪ Operating expenses that can be shown to: (1) have air quality benefits, (2) result from new or additional services, and (3) not displace previous funding mechanisms, such as fares or fees for services.

ACTIVE TRANSPORTATION
▪ Construction of active transportation infrastructure that connects key travel demand destinations. ▪ Complete streets projects that incorporate active transportation components. ▪ Non-construction projects related to safe bicycle use.

PARTICULATE MATTER (PM-2.5/10) REDUCING
▪ PM-2.5/10 efficient street sweepers.
▪ Paving/stabilizing unpaved roads and/or shoulders and other particulate matter reduction projects 9 MISCELLANEOUS
Projects that do not fit under the other category descriptions include, but are not limited to, the following:
▪ Travel demand management, including activities ranging from carpool and vanpool programs to parking management and road pricing measures.
▪ Outreach activities, such as public education on transportation and air quality, advertising transportation alternatives to SOV travel, and technical assistance to employers or other outreach activities relating to promoting non-SOV travel.
▪ Marketing programs to broaden transportation alternatives’ appeal to SOV travel and public education campaigns involving the link between transportation and air quality. ▪ Carpool and vanpool programs include computer matching of individuals seeking to carpool and employer outreach to establish rideshare programs and meet CAA requirements. ▪ New or expanded rideshare programs, such as new locations for matching services, upgrades for computer matching software, etc.
▪ Purchasing or leasing vehicles for vanpool activities (five-year maximum for operating costs). ▪ Planning, technical and feasibility studies, training, coordination, marketing and promotion of telecommuting are eligible activities under CMAQ.
▪ Intermodal freight facilities.
▪ Project development activities that lead to construction of facilities or new services and programs with air quality benefits, such as preliminary engineering or project planning studies.

More information is available in the Bipartisan Infrastructure Law (BIL) fact sheet at https://www.fhwa.dot.gov/bipartisan-infrastructure-law/cmaq.cfm. For complete information on project eligibility please see Appendix A: The Congestion Mitigation and Air Quality (CMAQ) Improvement Program under the Moving Ahead for Progress in the 21st Century Act Interim Program Guidance November 12, 2013

COST-EFFECTIVE
Cost-effective projects are those that meet the $63 per pound ($126,000 per ton) cost- effectiveness threshold. Project cost-effectiveness is determined by the California Air Resource Board’s (CARB) Air Quality Cost-Effectiveness Calculations Methodology or other method, dependent on project type.

Additional information and links are available in the next section. 10 COST-EFFECTIVENESS
POLICY
All eight of the San Joaquin Valley Metropolitan Planning Organizations (MPOs) adopted policies for distributing at least 20% of CMAQ funds to projects that meet a cost-effectiveness threshold for emission reductions beginning in FY 2011. To meet and exceed this commitment, Fresno COG will aim to use a minimum of 25% available funds for cost-effective projects.

Prior to allocating CMAQ funds with RTP/ FTIP updates, the SJV MPOs will develop the costeffectiveness threshold. The threshold is $63 per pound ($126,000 per ton). This threshold was updated in April of 2021 to account for the reduction in emission factors since 2016 and for inflation and Consumer Price Index changes since 2016. The threshold is routinely evaluated by Fresno COG’s air quality consultant, Trinity Consultants, during each FTIP and/or RTP development.

METHODOLOGY
The methodology for calculating cost-effectiveness is the California Air Resources Board’s (CARB) 2005 Methods to Find the Cost-Effectiveness of Funding Air Quality Projects. The CARB website has an automated Microsoft Access calculator tool and a written text of the methodology.

Cost-effectiveness for CMAQ projects should be expressed as dollars spent per pound of pollutant reduced (VOC + NOx + PM). CO emissions are not included in the formula due to CO being several orders of magnitude larger than ozone precursors which overwhelms cost-effectiveness ratios unless CO emission reductions are scaled back significantly, typically by a factor of seven. Furthermore, Fresno County is not currently under non-attainment or maintenance for CO.

As indicated in the policy, cost-effectiveness is based on CMAQ dollars only (vs. total project costs which include capital investments and operating costs).

The funding dollars are amortized over the expected project life using a discount rate. The amortization formula yields a capital recovery factor, which, when multiplied by the funding, gives the annual funding for the project over its expected lifetime. Cost-effectiveness is determined by dividing annualized funds by annual emission reductions (VOC+ NOx + PM).

The Capital Recovery Factor is found on the chart on page 2 of the 2005 ARB “Methods to Find the CostEffectiveness of Funding Air Quality Projects”.

Additionally, some projects use emission factors, which are published by CARB and most recently updated in November of 2021.

All information related to cost-effectiveness is available on the following Fresno COG webpage:
https://www.fresnocog.org/emission-calculation-guidelines/

EXAMPLE FORMULA
Cost-Effectiveness = (Capital Recovery Factor x CMAQ Funding) / (VOC + NOx + PM) dollars/pound 11 REGIONAL BID PROJECT SELECTION PROCESS
In administering a competitive selection process, Fresno COG will use a scoring committee to assist in evaluating project applications. The scoring committee will prioritize and rank all eligible, submitted applications based on the approved scoring criteria and category targets. The scoring committee’s project recommendations will be presented to Fresno COG’s TTC, PAC, and Policy Board for approval.

GENERAL PROGRAM INTENT
The CMAQ program provides funding for transportation projects or programs that will reduce transportation-related emissions and assist Fresno COG in meeting its local, state, and federal performance goals. The Fresno COG CMAQ program provides for a balanced program of transportation projects that will improve our air quality. Projects that reduce single occupancy vehicle trips, provide congestion relief measures, provide low- polluting transit vehicles and equipment, and promote improvements geared toward providing a more efficient and safer transportation system are emphasized.

In choosing to fund CMAQ projects, Fresno COG can improve air quality and progress toward attainment status and ensuring compliance with the Clean Air Act’s transportation conformity provisions. The overall CMAQ program is aimed to meet the performance of our long-term planning goals.

CMAQ SCORING COMMITTEE REPRESENTATION

1. Westside Cities

2. Eastside Cities

3. Fresno Council of Governments

4. Fresno-Clovis Metropolitan Area (rotates between Fresno and Clovis representatives)

5. Fresno County

6. Caltrans

7. San Joaquin Valley Air Pollution Control District

8. Fresno County Transit Providers (rotates between Fresno Area Express, Clovis Transit, and Fresno County Rural Transit Agency)
Note: City of Clovis and Clovis Transit will represent the two rotating positions in 2023.

GENERAL SCORING PROCESS
During the meeting of the Scoring Committee, scorers will discuss, score, and rank all projects within a category and against only projects from that category. Projects would then be funded to the target within the category. This process will repeat for all categories. The Scoring Committee reserves the right for flexibility around the targets, to account for circumstances including, but not limited to, project costs or submitted project variability or quality.

The scoring committee has discretion to recommend partial funding, scaled options, pre-construction funding, or over subscribing the program if apportionment funds are available.

STATE AND FEDERAL COMMITMENTS DURING THE SCORING PROCESS The eight San Joaquin Valley MPOs have a federal commitment to a minimum 20% cost-effectiveness to their CMAQ programs. Therefore, Fresno COG aims to achieve a minimum of 25% cost-effectiveness in its regional bid program, which equates to roughly 23.75% of total CMAQ apportionment. After the prioritization and recommendation of projects for each category by the Scoring Committee, staff will 12 ensure that cost-effectiveness commitments have been met. There will not be set targets for costeffectiveness within the individual categories.

The MAP-21 Act requires PM2.5 nonattainment or maintenance areas use at least 25% of CMAQ funds for project that have a PM2.5 emission reduction. Fresno COG, as a result, has adopted a 25% funding target for the PM2.5 reducing category. After the prioritization and recommendation of projects for each category by the Scoring Committee, staff will ensure that PM2.5 commitments have been met. Projects funded in other categories will be considered towards this goal if they reduce substantially reduce PM2.5.

ADDITIONAL RESTRICTIONS
Per approved Fresno COG policy, non-member agencies are limited to no more than a combined 15% of the regional bid amount.

PROJECT APPLICATION
The CMAQ project application will be available at: https://www.fresnocog.org/project/congestionmitigation-air-quality-cmaq-program/.

Agencies may submit a maximum of 10 projects for consideration in the CMAQ Regional Bid process.

CONTACT AND SUBMITTAL APPLICATION
Regional bid applications must be submitted by noon on Friday, September 15, 2023. If you are applying for Regional Bid funds, please send 10 hardcopies and one electronic copy of each application. All correspondence should be mailed to:

Fresno Council of Governments
Attention: Robert Phipps, Deputy Director
2035 Tulare Street, Suite 201
Fresno, CA 93721
For further information on eligible projects, submittals of applications, or other questions related to the CMAQ program, please contact Fresno COG at 559-233-4148 13 PROJECT DELIVERY AND OBLIGATION REQUIREMENTS

PROJECT DELIVERY
All CMAQ projects must follow Fresno COG’s project delivery policy and procedure document. https://fresnocog.wpenginepowered.com/wp-content/uploads/2023/03/Final-Draft-FCOG-ProjectDelivery-Policy-and-Procedures.pdf Regional bid projects must be delivered in the programmed year specified and within the programming years of the FTIP (covering federal fiscal years 2024/25, 2025/26, 2026/27, and 2027/28). Approval of AB 1012 requires that both State and Federal funds be used in a “timely” manner. In order to avoid losing any Federal or State funds to our Region, the “use it or lose it” requirements of AB 1012 place local governmental agencies in a position that they must be able to deliver their projects on time. That is, they must be able to meet their project delivery schedules as proposed and as programmed within the Federal Transportation Improvement Program (FTIP).

Because the issue of “project delivery is so important, the CMAQ Scoring Committee may take into consideration as a part of a project’s “subjective” evaluation score (10 points), the local agency’s ability to deliver projects in a timely manner (i.e., past performance/current ability to deliver projects rapidly).

Also included with each project application should be a Financial Plan and Project Submittal Checklist. A “Sample” Resolution has been prepared as a guide for helping prepare the required resolution(s) and the financial plan and project submittal checklist are included in the CMAQ application packet.

For awarded projects that received points in the Construction-Ready Projects and/or Expedited Project Delivery categories, the following project delivery rules will apply:
▪ Project must be obligated within the first two years of the programming cycle and must follow Fresno COG’s adopted project delivery policy and procedures guidelines. ▪ No extension requests will be awarded.
▪ If construction for this project cannot be obligated by the awarded programming year, regional bid funding will be de-obligated and replaced with local funds.

De-obligated funding will be added to the regional apportionment balance

CONTIGENCY PROJECT LIST
Fresno COG will adopt a list of projects for programming the regional bid program that is financially constrained with the amount of CMAQ funding available. In addition, Fresno COG will include a list of contingency projects, ranked in priority order based on the project’s evaluation score. Fresno COG intends to fund projects on the contingency list should there be cost savings or if a project is deleted from the program. Projects on the contingency list may also be funded using available apportionment to ensure project delivery and regional needs of the current FFY are met. This contingency list will be in effect only until the adoption of the next programming cycle.

OBLIGATION REQUIREMENTS
14 Federal requirements (FAST ACT) - STP, CMAQ, and Federal Transit Administration (FTA) funds (among other programs) must be obligated within 4 years of apportionment. Funds not obligated are lost to the state.

State requirements (AB-1012) - CMAQ and STBG (formerly RSTP) funds must be obligated within 3 years of apportionment. Funds not obligated are lost to the region.

Regional Requirements – Fresno COG requires regional deadline requirements, including obligation, award, and invoicing deadlines, to expedite project delivery and ensure funds are not lost to the region.

FTIP AMENDMENTS
Federal regulations require adherence to the projects and schedules contained within the adopted FTIP.

Amendments are used to make necessary changes to projects within the FTIP. Amendment procedures are available in Fresno COG’s FTIP document at https://www.fresnocog.org/project/federaltransportation-improvement-program-ftip/

SCOPE CHANGES
All projects selected under the regional bid process are selected based on the scope at time of submittal and the project sponsor will be held to fulfill the project with that scope. Fresno COG has limited options for accommodating minor scope changes, and larger scope changes of regional bid projects may face project cancellation and CMAQ fund revocation. Fresno COG staff strongly encourages all agencies to submit projects with the utmost confidence that the identified scope can be delivered.

PROJECT COST SAVINGS
Project savings will be returned to the overall program and will be made available in the unprogrammed apportionment balance.

A local agency may transfer any cost savings between phases within the same project but cannot exceed the awarded amount of the total project. Cost increases must follow the post-programming adjustment guidelines and requirements. Any savings at project completion must be returned to the program proportionally. An agency is still responsible to meet federal local match requirements for all phases of the project.

POST PROGRAMMING ADJUSTMENTS
Project sponsors are responsible for all cost increases and must maintain the project delivery schedule.

Some cost increases may be considered through a post programming adjustment request. Postprogramming adjustments may be requested for up to 15% of the programmed federal cost per phase but may not exceed $500,000. Cost increases will be considered based on the region’s apportionment availability and project delivery each FFY, and may be subject to scoring committee approval if the request exceeds the 15%/$500,000 threshold. Only projects that were funded through a competitive process will be eligible for a post-programming adjustment. 15 CMAQ SCORING CRITERIA RUBRIC
30-point
range
Cost-Effectiveness
Project cost-effectiveness is determined through various methods:
https://www.fresnocog.org/emission-calculation-guidelines/ Range
Factors
Projects will be evaluated on a relative basis (i.e., how they compare to each other).

Note: Cost-effective projects are those that meet the $63 per pound ($126,000 per ton) costeffectiveness threshold. During the scoring committee process, projects identified as cost- effective are scored and selected first.
20-point
range
Congestion Relief
Project has impact on congestion and increases service capacity and/or reliability Range
Factors
Transit:

HIGH Impact: Significantly reduces transit vehicle crowding; increases service capacity significantly; Transportation Control Measures; increases service reliability significantly; a major interconnect or fare coordination project; bus turnouts at major intersections; intermodal facility accommodating major transfers; travel time reduction.

MEDIUM Impact: Increases service reliability in a minor capacity; a minor interconnect or fare coordination project; general bus turnouts; intermodal facility accommodating major transfers.

LOW Impact: Increases passenger comfort or convenience, bike racks.

Range
Factors
Roads:

HIGH Impact: Transportation Control Measures, signal coordination of multiple (>3) signals, gap closure projects, traffic operations system, left turn pockets, other intersection improvements and traffic flow improvements.

MEDIUM Impact: HOV lanes signal coordination, park-and-ride lots.

LOW Impact: New signals where none currently exist and are warranted by volume or delay, ramp metering with HOV bypasses (when shown not to adversely affect surface streets).

Range
Factors
Bicycle/Pedestrian:

HIGH Impact: Transportation Control Measures, a facility that will primarily serve commuters and/or school sites, and sidewalks where none exist.

MEDIUM Impact: Public educational, promotional, and safety programs that promote non- motorized modes of transportation.

LOW Impact: Mixed use bicycle/pedestrian facility (recreation & commuter), usable sidewalk segments.
20-point
range
Air Pollutant Emissions Reduction
Project incorporates transportation control measures, reduces volatile organic compounds, nitrogen oxides, and/or particulate matter emissions.

Range
Factors
Projects will be evaluated on a relative basis; (i.e., how they compare to each other) based on the submitted air pollutant reductions of volatile organic compounds, oxides of nitrogen, and/or particulate matter.
16 10-point
range
Trip Reduction
Project reduces vehicle trips and/or vehicle miles traveled (VMT).

Range
Factors
HIGH Impact: Significantly reduces vehicle trips and VMT.

MEDIUM Impact: Moderately reduces vehicle trips and VMT.

No Impact: Does not reduce vehicle trips or VMT.

Projects will be evaluated on a relative basis, (i.e. how they compare to each other). The CMAQ Scoring Committee may take factors such as city population, project size/scale, project cost, and/or local impact into consideration when evaluating project impact.

Note: projects that increases vehicle trips and/or VMT will receive zero points. 10-point
range
Subjective Evaluation
The subjective evaluation category allows the scorer the flexibility to decide that some aspect of the project that was not already considered in prior criteria should, in fact, be given consideration. The items listed under the subjective category are examples only and the list is not meant to all-inclusive of what might be considered under subjective evaluation
Range
Factors
The scorer may consider other important factors including, but not limited to:
▪ The prioritization importance placed on the project by the project’s sponsor, support for multimodal access, and enhancing connectivity of transportation systems. ▪ Projects which minimize the loss of prime farmland, unique farmland, farmland of statewide importance, and farmland of local importance.
▪ Projects that increase safety, promote energy conservation, improves quality of life, leverages other funds, promotes system management such as supporting other modes of transportation; reduces greenhouse gas emissions, and supports Sustainable Communities Strategies.
▪ Since the issue of “timely project delivery” is so important, the CMAQ Scoring Committee may take into consideration, as a part of a project’s “subjective” evaluation score, the local agency’s ability to deliver projects on timely basis (i.e. past performance/current ability to deliver projects on schedule).
4-point
range
Construction-Ready Projects
Project is requesting construction funding only and is committed to the delivery requirements as described in the guidelines. Projects requesting points in this category will go through a Caltrans screening process.

Note: Projects requiring waivers or other independent agency approval are excluded from this category unless applicant can demonstrate absolute certainty in delivering project on an expedited schedule. 4 Points Project is requesting funds for construction only in the first year (2022/23) of the FTIP. PE and ROW documentation should be included in the application packet. 2 Points Project is requesting funds for construction only in the first year (2023/24) of the FTIP. PE and ROW documentation should be included in the application packet. 6 points
Expedited Project Delivery
Project applicant is committed to the expedited project delivery requirements as described in the guidelines.

Note: Projects requiring waivers or other independent agency approval are excluded from this category unless applicant can demonstrate absolute certainty in delivering project on an expedited schedule. 6 Points
Project is committed to the expedited project delivery schedule, programmed within the first two years of the FTIP, and its subsequent delivery requirements. No documentation is required. All phases of project may be programmed.
100 Total Points Available
17 Potential Point Reductions
-10 points Regional Transportation Plan (RTP)
-10 Points
If the project is not on the constrained project list in the Fresno COG 2018 RTP, or submitted for the upcoming 2022 RTP, it will receive a ten-point deduction in this category.

Note: Exceptions will be made for projects submitted by applicant agencies who do not formally submit projects to the RTP.
18 AIR QUALITY SCREENING CRITERIA

1.00 SAFETY PROGRAMS

1.01 Railroad/Highway Crossing

1.02 Hazard Elimination Program

1.03 Safer non-Federal-aid system roads

1.04 Shoulder improvements

1.05 Increasing sight distance

1.06 Safety Improvement Program

1.07 Traffic control devices and operating assistance other than signalization projects.

1.08 Railroad/highway crossing warning devices

1.09 Guardrail, median barriers, crash cushions

1.10 Pavement resurfacing and/or rehabilitation

1.11 Pavement marking demonstration

1.12 Emergency Relief (23 U.S.C. 125)

1.13 Fencing

1.14 Skid treatments

1.15 Safety roadside rest areas

1.16 Adding medians

1.17 Truck climbing lanes outside the urbanized area

1.18 Lighting improvements

1.19 Widening narrow pavements or reconstructing bridges (no additional travel lanes)

1.20 Emergency truck pullovers

2.00 MASS TRANSIT

2.01 Operating assistance to transit agencies

2.02 Purchase of support vehicles

2.03 Rehabilitation of transit vehicles

2.04 Purchase of office, shop, and operating equipment for existing facilities

2.05 Purchase of operating equipment for vehicles (e.g., radios, fareboxes, lifts, etc.)

2.06 Construction of renovation of power, signal, and communications systems

2.07 Construction of small passenger shelters and information kiosks

2.08 Reconstructions of renovation of transit buildings and structures

2.09 Rehabilitation or reconstruction of track structures, track, and trackbed in exiting right-of-way

2.10 Purchase of new buses and rail cars to replace existing vehicles or for minor expansion of fleet

2.11 Construction of new bus, rail storage/maintenance facilities categorically excluded (23 CFR 771)

3.00 SAFETY PROGRAMS

3.01 Continuation of ridesharing and van-pooling promotion activities at current levels

3.02 Bicycle and pedestrian facilities

4.00 LANDSCAPING/SIGNS

4.01 Specific activities which do not involve or lead directly to construction

4.05 Engineering to assess social, economical, and environmental effects of the proposed action or alternatives to that action

4.06 Noise attenuation

4.07 Emergency or hardship advance land acquisitions [23 CFR 712.204(d)]

4.08 Acquisition of scenic easements

4.09 Plantings, landscape, etc.

4.10 Sign Removal
19 4.11 Directional and informational signs

4.12 Transportation enhancement activities (except rehabilitation and operation of historic buildings, structures, or facilities)

4.13 Repair of damage caused by natural disasters, civil unrest, or terrorist acts, except projects involving substantial functional, locational, or capacity increase

5.00 OTHER

5.01 Intersection channelization projects

5.02 Intersection signalization projects at individual intersections

5.03 Changes in vertical and horizontal alignment

5.04 Interchange reconfiguration projects

5.05 Truck size and weight inspection stations

5.06 Bus terminals and transfer points

5.07 Traffic signal synchronization
20 RESOLUTION SUPPORTING DELIVERY SCHEDULE
Approval of AB 1012 requires that both State and Federal funds be used in a “timely” manner. In order to avoid losing any Federal or State funds to our Region, the “use it or lose it” requirements of AB 1012 place local governmental agencies in a position that they must be able to deliver their projects on time as proposed and as programmed within the Federal Transportation Improvement Program (FTIP).

Since the issue of “timely project delivery” is so important, the CMAQ Scoring Committee may take into consideration, as a part of a project’s “subjective” evaluation score (10 points), the local agency’s ability to deliver projects timely (i.e., past performance/current ability to deliver projects rapidly).

Each agency must be able to assure that their project(s) can be delivered timely. Therefore, each application must be accompanied by a formal Council/Board/District Resolution stating that each project will meet project delivery schedules and that staff be directed to ensure that projects are delivered timely. The attached “Sample” Resolution has been prepared as a guide for helping prepare the required resolution(s).
*Please Note: Each Council/Board/District Resolution needs to contain a list of the projects being submitted for potential CMAQ funding.
21 SAMPLE COUNCIL/BOARD RESOLUTION

BEFORE THE
(NAME OF CITY/COUNTY/DISTRICT COUNCIL/BOARD)
RESOLUTION NO. XXXX-____
In the Matter of:

Project Delivery Schedules RESOLUTION SUPPORTING
For Federal Transportation Project Selection AND IMPLEMENTING TIMELY Federal Transportation Act: IIJA/BIL USE OF FUNDING
WHERAS, AB 1012 has been enacted into State Law in part to provide for the “timely use” of State and Federal funding; and
WHEREAS, the (City/County/District) is able to apply for and receive Federal and State funding under the Federal Transportation Act;
WHEREAS, the (City/County/District) desires to ensure that its projects (as listed or attached) are delivered in a timely manner to preclude the Fresno Region from losing those funds for non-delivery; and WHEREAS, it is understood by the (City/County/District) that failure for not meeting project delivery dates for any phase of a project may jeopardize federal or state funding to the Region; and WHEREAS, the (City/County/District) must demonstrate dedicated and available local matching funds; and
NOW THEREFORE BE IT RESOLVED, that the (Council/Board) hereby agrees to ensure that all project delivery deadlines for all project phases will be met or exceeded.

BE IT FURTHER RESOLVED, that failure to meet project delivery deadlines may be deemed as sufficient cause for the Fresno Council of Governments Policy Board to terminate an agency’s project and reprogram Federal/State funds as deemed necessary.

BE IT FURTHER RESOLVED, that the (City/County/District) (Council/Board) does direct its management and engineering staffs to ensure all projects are carried out in a timely manner as per the requirements of AB 1012 and the directive of the (City/County/District) (Council/Board).

THE FOREGOING RESOLTION was passed and adopted by the (Council/Board) on Month, Day, and Year.

AYES: Signed:

NOES: Mayor, City of (-------------- )
ABSTAIN: Chair, Board of (-------------- )
ABSENT: Chair, (-------------- ) Board
ATTEST:

I hereby certify that the foregoing is a true copy of a resolution of the (Council/Board) duly adopted at a regular meeting thereof held on the day of (Month), (Year).
22 CONTACT INFORMATION
For further information on eligible projects, submittal of applications or other questions related to the CMAQ program, please contact Fresno COG at 559-233-4148 x 217 Please submit ten hard copies and an electronic copy for regional bid. Please print on two sides. One copy should be loose bound- no staples. Do not use ring binders. Covers are accepted.

Fresno Council of Governments
2035 Tulare Street, Suite 201
Fresno, CA 93721
Attention: [staff]
Please submit all CMAQ applications by noon Friday, Sept. 15, 2023. 23 APPENDIX A: PROGRAM GUIDANCE UNDER MAP-21
FHWA Program Guidance: The Congestion Mitigation and Air Quality (CMAQ) Improvement Program under the Moving Ahead for Progress in the 21st Century Act “Interim Program Guidance” November 12, 2013
Document can be accessed at the following link:
https://www.fhwa.dot.gov/environment/air_quality/cmaq/policy_and_guidance/2013_guidance/ FHWA CMAQ Program Homepage:
https://www.fhwa.dot.gov/environment/air_quality/cmaq/
APPENDIX B: FHWA FUNDING GUIDANCE
FHWA Memo: April 6, 2011: Federal Cost Principles and CMAQ Alternative Fuel Vehicles Projects
FHWA Letter: May 1, 2012: Clarification of the Eligible uses of Congestion Mitigation and Air Quality Improvement (CMAQ) Program Funds to Purchase Alternative Fueled Vehicles APPENDIX C: REVISED GUIDANCE FOR OPERATING ASSSITANCE
Revised Interim Guidance on CMAQ Operating Assistance under MAP-21. July 2014.

Revised language can be accessed at the following link:
https://www.fhwa.dot.gov/environment/air_quality/cmaq/policy_and_guidance/cmaq13ig.cfm 2023-2024
Carbon Reduction Program (CRP)

FINAL PROGRAM

GUIDELINES
May 2023
2035 Tulare Street, Suite 201
Fresno, CA, 93721
559-233-4148
2 Table of Contents
CRP PROGRAM OVERVIEW...............................................................................................................................3 Project Deadlines – Per Project Appropriation Year ..................................................................................4 PROGRAM FUNDING............................................................................................................................................4 PROJECT ELIGIBLITY CRITERIA ......................................................................................................................5 ELIGIBLE PROJECTS.......................................................................................................................................5 PROJECT SELECTION PROCESS.....................................................................................................................7 PROJECT DELIVERY AND OBLIGATION REQUIREMENTS.......................................................................8 CRP SCORING CRITERIA RUBRIC ................................................................................................................ 11 RESOLUTION SUPPORTING DELIVERY SCHEDULE ............................................................................... 13 SAMPLE COUNCIL/BOARD RESOLUTION .................................................................................................. 14 CONTACT INFORMATION ................................................................................................................................ 15 APPENDIX A: PROGRAM GUIDANCE UNDER IIJA ................................................................................... 16 This document was funded in part through grant[s] from the Federal Highway Administration [and Federal Transit Administration], U.S. Department of Transportation. The views and opinions of the authors [or agency] expressed herein do not necessarily state or reflect those of the U.S. Department of Transportation.
3 CRP PROGRAM OVERVIEW

INTRODUCTION
In November 2021, the Infrastructure Investment and Jobs Act (IIJA), also known as the Bipartisan Infrastructure Law (BIL), was passed into law, which included the Carbon Reduction Program (CRP). The CRP provides federal funding to projects that decrease transportation emissions, which are defined as the carbon dioxide (CO2) emissions that result from on-road, highway sources.

California receives annual apportionments of CRP over five years. The apportionments are split, with 65% as Local CRP and 35% as State CRP. Both Local and State CRP funds must be invested in alignment with the Carbon Reduction Strategy.

IIJA requires Caltrans, in partnership with the MPOs, to develop a Carbon Reduction Strategy and submit to the Federal Highway Administration for approval by November 2023. Caltrans’ Carbon Reduction Strategy is currently under development. The draft Carbon Reduction Strategy will be available for public comment in July and August. Updates on the Carbon Reduction Strategy will be added to this website as it is developed.

Although IIJA allows for a variety of projects to be funded through CRP, Caltrans’ Carbon Reduction Strategy directs Local and State CRP funds to be invested in projects that support bicycle and pedestrian, rail and transit, zero-emission vehicles and infrastructure, and conversions of existing lanes to priced managed lanes.

FUNDING ELIGIBILITY
Local CRP is apportioned by population throughout California based on 2020 US Census Urbanized Areas (UZA). Local CRP apportioned to UZAs within a Metropolitan Planning Organization (MPO) boundary must be programmed by the MPO and cannot be suballocated within the MPO boundary. The MPO must use a competitive, performance-driven process to select projects for CRP funds. While each MPO may set their own process and performance metrics, their process should select projects that support bicycle and pedestrian, rail and transit, zero-emission vehicles and infrastructure, and conversions of existing lanes to priced managed lanes, in alignment with Caltrans’ Carbon Reduction Strategy. MPOs manage CRP funds and select which CRP projects will be funded. Local agencies compete for CRP funds and selection of projects through their MPOs. Caltrans HQ Division of Local Assistance performs eligibility review of projects selected by MPOs.

PROGRAM SCHEDULE
Once projects have been approved by the Fresno COG Policy Board, they must be included in the Federal Transportation Improvement Program (FTIP) prior to reimbursement. The 2023-24 CRP CallFor-Projects will cover a four-year program of projects in the FTIP, covering federal fiscal years 2024/25, 2025/26, 2026-27 and 2027-28. The following tentative schedule lists the major milestones for the development and adoption of the 2023-24 CRP Call-For-Projects and related FTIP and Air Quality Conformity Determination processes:
4 Programming subcommittee convenes to review scoring criteria and call information April-May 2023
Guidelines, criteria, and application packet presented to TTC/PAC/Board for approval and initiation of Call-For-Projects June 2023 Application workshop for member agencies July 12, 2023
Regional bid project submittals due Sept. 17, 2023
CMAQ scoring committee convenes December 6, 2023
COG Policy Board approves recommended projects via resolution January 2024 Projects programed into 2023 FTIP March-April 2024
Submittal of FTIP to Caltrans and anticipated FHWA approval of 2023 FTIP/ Conformity Analysis Fall 2024
Project Deadlines – Per Project Appropriation Year
Federal Fiscal Year 2022 2023 2024 2025 2026
Obligation (E76) Deadline1 09/30/2025 9/30/2026 TBD TBD TBD Expenditure Deadline 9/30/2030 9/30/2031 TBD TBD TBD
1Deadline to obligate (E76) is three Federal Fiscal Years after the FFY the funds were apportioned. (REF: Carbon Reduction Program Implementation Guidance, FHWA, p. 10, April 2022.)

PROGRAM FUNDING

DISTRIBUTION
Fresno COG will use at least 95% of its CRP apportionment to fund a CRP competitive program. The remaining apportionment may be used for projects on the current contingency list, post-programming adjustment requests, EPSP requests, or retain the funding for future programming cycles. Fresno COG will manage the remaining apportionment based on project delivery of the current federal fiscal year to ensure funds are obligated in a timely manner and will follow Fresno COG’s adopted project delivery policy and procedures outlined in the associated document. 2023-24 AVAILABLE FUNDING
For the 2023-24 cycle, Fresno COG estimates that a total $3,500,000 will be available in the funding pot.

These numbers are subject to change.

As proposed to the Fresno COG Policy Board, the category targets* are as follows:
▪ Transit Improvements – TBD
▪ ZEV Technology – TBD
▪ CO2 Reducing – TBD
5 ▪ Active Transportation Projects (Formerly Bike/Ped) – TBD *Funding across all categories must meet the Fresno COG cost-effectiveness commitment

FUNDING REQUIREMENTS
Matching Requirements: CRP projects require a local match of 20%.

PROJECT ELIGIBLITY CRITERIA
This guidance for project eligibility is based on FHWA’s Carbon Reduction Program (CRP) guidance as described in the Bipartisan Infrastructure Law (BIL) fact sheet at https://www.fhwa.dot.gov/bipartisaninfrastructure-law/crp_fact_sheet.cfm.

All projects and programs eligible for CRP funds must come from a conforming Regional Transportation Plan (RTP) and Federal Transportation Improvement Program (FTIP) and be consistent with the transportation conformity provisions contained in section 176(C) of the Clean Air Act (CAA) and the Transportation Conformity Rule. Projects need to be included in FTIPs developed by MPOs or states respectively, under the metropolitan or statewide planning regulations. Projects also need to complete the National Environmental Policy Act (NEPA) requirements and meet basic eligibility requirements for funding under titles 23 and 49 of the United States Code. Projects must comply with Americans with Disabilities Act (ADA) requirements, and provisions for Buy America.

In cases where specific guidance is not provided, the following should guide CRP eligibility decisions.

ELIGIBLE PROJECTS
• CRP funds may be obligated for projects that support the reduction of transportation emissions, including, but not limited to– [except as noted, § 11403; 23 U.S.C. 175(c)(1)] o a project described in 23 U.S.C. 149(b)(4) to establish or operate a traffic monitoring, management, and control facility or program, including advanced truck stop electrification systems;
o a public transportation project eligible under 23 U.S.C. 142; o a transportation alternative (as defined under the Moving Ahead for Progress under the 21st Century Act [23 U.S.C. 101(a)(29), as in effect on July 5, 2012]), including, but not 6 limited to, the construction, planning, and design of on-road and off-road trail facilities for pedestrians, bicyclists, and other nonmotorized forms of transportation; o a project described in 23 U.S.C. 503(c)(4)(E) for advanced transportation and congestion management technologies;
o deployment of infrastructure-based intelligent transportation systems capital improvements and the installation of vehicle-to-infrastructure communications equipment;
o a project to replace street lighting and traffic control devices with energy-efficient alternatives;
o development of a carbon reduction strategy developed by a State per requirements in 23 U.S.C. 175(d);
o a project or strategy designed to support congestion pricing, shifting transportation demand to nonpeak hours or other transportation modes, increasing vehicle occupancy rates, or otherwise reducing demand for roads, including electronic toll collection, and travel demand management strategies and programs;
o efforts to reduce the environmental and community impacts of freight movement; o a project that supports deployment of alternative fuel vehicles, including– ▪ acquisition, installation, or operation of publicly accessible electric vehicle charging infrastructure or hydrogen, natural gas, or propane vehicle fueling infrastructure; and
▪ purchase or lease of zero-emission construction equipment and vehicles, including the acquisition, construction, or leasing of required supporting facilities; o a project described in 23 U.S.C. 149(b)(8) for a diesel engine retrofit; o certain types of projects to improve traffic flow that are eligible under the CMAQ program, and that do not involve construction of new capacity; [§ 11403; 23 U.S.C. 149(b)(5); and 175(c)(1)(L)]
o a project that reduces transportation emissions at port facilities, including through the advancement of port electrification; and
o any other STBG-eligible project, if the Secretary certifies that the State has demonstrated a reduction in transportation emissions, as estimated on a per capita and per unit of economic output basis. (Note: FHWA will issue guidance on how the Secretary will make such certifications.) [§ 11403; 23 U.S.C. 133(b) and 175(c)(2)]

EMISSIONS REDUCTION REQUIRMENT
Air quality improvement is defined by several distinct terms in 23 U.S.C. §149. These terms include contribution to attainment, pollution reduction, air quality benefits, and others. For purposes of this guidance, emission reductions represent this group of terms. CRP-invested projects or programs must reduce CO2 emissions from transportation. These reductions must contribute to the area’s overall clean air strategy and can be demonstrated by the assessment that is required under this guidance. States and MPOs also may consider the ancillary benefits of eligible projects, including congestion relief, safety, or other elements, when programming CRP funds, though such benefits do not alone establish eligibility.

More information is available in the Bipartisan Infrastructure Law (BIL) fact sheet at https://www.fhwa.dot.gov/bipartisan-infrastructure-law/crp_fact_sheet.cfm.

A copy of the guidance is available in Appendix A
7 BUY AMERICA
Buy America provisions ensure that transportation infrastructure projects are built with American-made products. That means that the Department of Transportation investments are able to support an entire supply chain of American companies and their employees. Sponsors whose projects are selected for CRP funding that require compliance with Buy America, will need to work with Caltrans Local Assistance to ensure all provisions of Buy America are met.

PROJECT SELECTION PROCESS
In administering a competitive selection process, Fresno COG will use a scoring committee to assist in evaluating project applications. The scoring committee will prioritize and rank all eligible, submitted applications based on the approved scoring criteria and category targets. The scoring committee’s project recommendations will be presented to Fresno COG’s TTC, PAC, and Policy Board for approval.

GENERAL PROGRAM INTENT
The CRP program provides funding for transportation projects or programs that will reduce transportation-related emissions and assist Fresno COG in meeting its local, state, and federal performance goals. The Fresno COG CRP program provides for a balanced program of transportation projects that will improve our air quality. Projects that reduce single occupancy vehicle trips, provide zero- or low-polluting transit vehicles and equipment, and promote improvements geared toward providing a more efficient and safer transportation system are emphasized. In choosing to fund CRP projects, Fresno COG can help reduce GHG. The overall CRP program is aimed to meet the performance of our long-term planning goals.

CRP SCORING COMMITTEE REPRESENTATION

1. Westside Cities

2. Eastside Cities

3. Fresno Council of Governments

4. Fresno-Clovis Metropolitan Area (rotates between Fresno and Clovis representatives)

5. Fresno County

6. Caltrans

7. San Joaquin Valley Air Pollution Control District

GENERAL SCORING PROCESS
During the meeting of the Scoring Committee, scorers will discuss, score, and rank all projects within a category and against only projects from that category. Projects would then be funded to the target within the category. This process will repeat for all categories. The Scoring Committee reserves the 8 right for flexibility around the targets, to account for circumstances including, but not limited to, project costs or submitted project variability or quality.

The scoring committee has discretion to recommend partial funding, scaled options, pre-construction funding, or over subscribing the program if apportionment funds are available.

ADDITIONAL RESTRICTIONS
Per approved Fresno COG policy, non-member agencies are limited to no more than a combined 15% of the competitive amount.

PROJECT APPLICATION
The CRP project application will be available at: https://www.fresnocog.org/carbon-reduction-programcrp/. Agencies may submit a maximum of two projects for consideration in the CRP competitive process.

CONTACT AND SUBMITTAL APPLICATION
Regional bid applications must be submitted by noon, Friday, Sept. 15, 2023. Applications for competitive CRP funds should include 10 hard copies and one electronic copy of each application. All correspondence should be mailed to:

Fresno Council of Governments
Attention: Robert Phipps, Deputy Director
2035 Tulare Street, Suite 201
Fresno, CA 93721
For further information on eligible projects, submittals of applications, or other questions related to the CRP program, please contact Fresno COG at 559-233-4148

PROJECT DELIVERY AND OBLIGATION REQUIREMENTS

PROJECT DELIVERY
All CRP projects must follow Fresno COG’s project delivery policy and procedure document. https://fresnocog.wpenginepowered.com/wp-content/uploads/2023/03/Final-Draft-FCOG-ProjectDelivery-Policy-and-Procedures.pdf Competitive projects must be delivered in the programmed year specified and within the programming years of the FTIP (covering federal fiscal years 2024/25, 2025/26, 2026/27, and 2027/28). Approval of AB 1012 requires that both State and Federal funds be used in a “timely” manner. To avoid losing any Federal or State funds to the Fresno County region, the “use it or lose it” requirements of AB 1012 place local governmental agencies in a position that they must be able to deliver their projects on time.

That is, they must be able to meet their project delivery schedules as proposed and as programmed within the Federal Transportation Improvement Program (FTIP). 9 Because the issue of “project delivery is so important, the CRP Scoring Committee may take into consideration as a part of a project’s “subjective” evaluation score (10 points), the local agency’s ability to deliver projects in a timely manner (i.e., past performance/current ability to deliver projects rapidly).

Each agency must be able to assure that their project(s) can be delivered timely. Therefore, each application must be accompanied by a formal Council/Board/District Resolution stating that each project will meet project delivery schedules and that staff be directed to ensure that projects are timely delivered. Also included with each project application should be a financial plan and project submittal checklist. A sample resolution is attached as a guide for helping prepare the required resolution(s) and the financial plan and project submittal checklist are included in the CRP application packet.

For awarded projects that received points in the Construction-Ready Projects and/or Expedited Project Delivery categories, the following project delivery rules will apply:
▪ Project must be obligated within the first two years of the programming cycle and must follow Fresno COG’s adopted project delivery policy and procedures guidelines. ▪ No extension requests will be awarded.
▪ If construction for this project cannot be obligated by the awarded programming year, competitive funding will be deobligated and replaced with local funds.

Deobligated funding will be added to the regional apportionment balance.

CONTIGENCY PROJECT LIST
Fresno COG will adopt a list of projects for programming the regional bid program that is financially constrained with the amount of CRP funding available. In addition, Fresno COG will include a list of contingency projects, ranked in priority order based on the project’s evaluation score. Fresno COG intends to fund projects on the contingency list should there be cost savings or if a project is deleted from the program. Projects on the contingency list may also be funded using available apportionment to ensure project delivery and regional needs of the current FFY are met. This contingency list will be in effect only until the adoption of the next programming cycle.

OBLIGATION REQUIREMENTS
Federal requirements (IIJA) – CRP, STP, CMAQ, and Federal Transit Administration (FTA) funds (among other programs) must be obligated within four years of apportionment. Funds not obligated are lost to the state.

State requirements (AB-1012) - CMAQ and STBG (formerly RSTP) funds must be obligated within three years of apportionment. Funds not obligated are lost to the region.

FTIP AMENDMENTS
Federal regulations require adherence to the projects and schedules contained within the adopted FTIP.

SCOPE CHANGES
10 All projects selected under the regional bid process are selected based on the scope at time of submittal and the project sponsor will be held to fulfill the project with that scope. Fresno COG has limited options for accommodating minor scope changes, and larger scope changes of regional bid projects may face project cancellation and CRP fund revocation. Fresno COG staff strongly encourages all agencies to submit projects with the utmost confidence that the identified scope can be delivered.

PROJECT COST SAVINGS
Project savings will be returned to the overall program and will be made available in the unprogrammed apportionment balance.

POST PROGRAMMING ADJUSTMENTS
Project sponsors are responsible for all cost increases and must maintain the project delivery schedule.

Range
Factors
Projects will be evaluated on a relative basis; (i.e., how they compare to each other) based on the submitted air pollutant reductions of carbon dioxide.
35-point
range
Trip Reduction
Project reduces vehicle trips and/or vehicle miles traveled (VMT).

Range
Factors
HIGH Impact: Significantly reduces vehicle trips and VMT.

MEDIUM Impact: Moderately reduces vehicle trips and VMT.

No Impact: Does not reduce vehicle trips or VMT.

Projects will be evaluated on a relative basis, (i.e. how they compare to each other). The Scoring Committee may take factors such as city population, project size/scale, project cost, and/or local impact into consideration when evaluating project impact.

Note: projects that increases vehicle trips and/or VMT will receive zero points. 15-point
range
Subjective Evaluation
The subjective evaluation category allows the scorer the flexibility to decide that some aspect of the project that was not already considered in prior criteria should, in fact, be given consideration. The items listed under the subjective category are examples only and the list is not meant to all-inclusive of what might be considered under subjective evaluation
Range
Factors
The scorer may consider other important factors including, but not limited to:
▪ The prioritization importance placed on the project by the project’s sponsor, support for multimodal access, and enhancing connectivity of transportation systems. ▪ Projects that minimize the loss of prime farmland, unique farmland, farmland of statewide importance, and farmland of local importance.
▪ Projects that increase safety, promote energy conservation, improves quality of life, leverages other funds, promotes system management such as supporting other modes of transportation; reduces greenhouse gas emissions, and supports Sustainable Communities Strategies.
▪ Projects designed to improve/achieve social equity and historical under-investment in disadvantaged communities.
▪ Since the issue of “timely project delivery” is so important, the CRP Scoring Committee may take into consideration, as a part of a project’s “subjective” evaluation score, the local agency’s ability to deliver projects on timely basis (i.e. past performance/current ability to deliver projects on schedule).
10-point
range
Construction-Ready Projects
Project is requesting construction funding only and is committed to the delivery requirements as described in the guidelines. Projects requesting points in this category will go through a Caltrans screening process.

Note: Projects requiring waivers or other independent agency approval are excluded from this category unless applicant can demonstrate absolute certainty in delivering project on an expedited schedule. 10 Points
Project is requesting funds for construction only in the first year (2024/25) of the FTIP. PE and ROW documentation should be included in the application packet. 5 Points Project is requesting funds for construction only in the second year (2025/26) of the FTIP. PE and ROW documentation should be included in the application packet. 12 5 points
Expedited Project Delivery
Project applicant is committed to the expedited project delivery requirements as described in the guidelines.

Note: Projects requiring waivers or other independent agency approval are excluded from this category unless applicant can demonstrate absolute certainty in delivering project on an expedited schedule. 5 Points
Project is committed to the expedited project delivery schedule, programmed within the first two years of the FTIP, and its subsequent delivery requirements. No documentation is required. PE and ROW phases of project may be programmed.
100 Total Points Available
13 RESOLUTION SUPPORTING DELIVERY SCHEDULE
Approval of AB 1012 requires that both State and Federal funds be used in a “timely” manner. In order to avoid losing any Federal or State funds to our Region, the “use it or lose it” requirements of AB 1012 place local governmental agencies in a position that they must be able to deliver their projects on time as proposed and as programmed within the Federal Transportation Improvement Program (FTIP).

Since the issue of “timely project delivery” is so important, the CRP Scoring Committee may take into consideration, as a part of a project’s “subjective” evaluation score (10 points), the local agency’s ability to deliver projects timely (i.e., past performance/current ability to deliver projects rapidly).

BEFORE THE
(NAME OF CITY/COUNTY/DISTRICT COUNCIL/BOARD)
RESOLUTION NO. XXXX-____
In the Matter of:

THE FOREGOING RESOLTION was passed and adopted by the (Council/Board) on Month, Day, and Year.

AYES: Signed:

NOES: Mayor, City of (-------------- )
ABSTAIN: Chair, Board of (-------------- )
ABSENT: Chair, (-------------- ) Board
ATTEST:

I hereby certify that the foregoing is a true copy of a resolution of the (Council/Board) duly adopted at a regular meeting thereof held on the day of (Month), (Year).
15 CONTACT INFORMATION
For further information on eligible projects, submittal of applications or other questions related to the CRP program, please contact Fresno COG at 559-233-4148 x 217 Please submit ten hard copies and an electronic copy for the competitive program. Please print on two sides. One copy should be loose bound- no staples. Do not use ring binders. Covers are accepted.

Fresno Council of Governments
2035 Tulare Street, Suite 201
Fresno, CA 93721
Attention: [staff]
Please submit all CRP Regional Bid applications by noon Friday, Sept. 15, 2023. 16 APPENDIX A: PROGRAM GUIDANCE UNDER IIJA
FHWA Program Guidance: The Carbon Reduction Program (CRP) under the Infrastructure Investment and Jobs Act (IIJA), otherwise known as the Bipartisan Infrastructure Law “Implementation Guidance” April 21, 2022.

Document can be accessed at the following link:
https://dot.ca.gov/-/media/dot-media/programs/local-assistance/documents/crp/2022/crp-guidance.pdf FHWA BIL CRP Program Fact Sheet:
https://www.fhwa.dot.gov/bipartisan-infrastructure-law/crp_fact_sheet.cfm 1 2023-2024
Surface Transportation
Block Grant (STBG) Program

FINAL PROGRAM

GUIDELINES
May 2023
2035 Tulare Street, Suite 201
Fresno, CA 93721
559-233-4148
559-233-9645 (Fax)
2 TABLE OF CONTENTS
OVERVIEW.............................................................................................................................................3 PROGRAM PURPOSE...........................................................................................................................3 PROGRAM SCHEDULE.........................................................................................................................3 FUNDING................................................................................................................................................3 ELIGIBILITY ...........................................................................................................................................4 ELIGIBLE STBG PROJECTS (Title 23 USC Section 133)...................................................................4 PROJECT SELECTION PROCESS.......................................................................................................8 STBG SCORING COMMITTEE REPRESENTATION............................................................................8 PROJECT APPLICATION......................................................................................................................8 CONTACT AND SUBMITTAL INFORMATION......................................................................................8 CONTINGENCY PROJECT LIST...........................................................................................................9 PROJECT DELIVERY............................................................................................................................9 FTIP AMENDMENTS .............................................................................................................................9 SCOPE CHANGES ..............................................................................................................................10 STBG SCORING CRITERIA ................................................................................................................10 3 OVERVIEW
The Infrastructure Investment and Jobs Act (IIJA) (Public Law 117-58, also known as the “Bipartisan Infrastructure Law”) provides $550 billion of new federal investment in infrastructure. The IIJA expands and continues the Surface Transportation Block Grant Program (STBG) from its predecessor FAST Act. STBG one of the cornerstones for transportation funds distributed to regions. Fresno Council of Governments (COG), acting in its role as a Metropolitan Planning Organization (MPO), is programming future federal transportation revenues that will come to the Fresno region. STBG funds are reimbursable federal aid funds, subject to the requirements of Title 23, United States code. Eligible costs include preliminary engineering, right-of-way acquisition, capital costs, and constructions costs associated with an eligible activity. These guidelines describe the policy, standards, criteria, and procedures developing, managing, and adopting of Fresno COG’s STBG program.

Once projects have been approved by the MPO, they must be included in the Federal Transportation Improvement Program (FTIP) prior to federal reimbursement.

PROGRAM PURPOSE
The STBG program provides flexible funding that localities may use for projects to preserve and improve conditions and performance on any Federal-aid highway, bridge and tunnel projects on any public road, pedestrian and bicycle infrastructure, and transit capital projects, including intercity bus terminals. STBG promotes flexibility in local transportation decisions and provides flexible funding to best address regional and local transportation needs.

PROGRAM SCHEDULE
Once the Fresno COG Policy Board approves projects, they must be included in the Federal Transportation Improvement Program (FTIP) prior to federal reimbursement. The 2023-24 STBG call for projects will cover a four-year program of projects in the FTIP (covering federal fiscal years 2024/25, 2025/26, 2026/27, and 2027/28). The following schedule lists the major milestones for developing and adopting the 2023/24 STBG call for projects and related FTIP and air quality conformity determination processes:

Programming subcommittee convenes to review scoring criteria and call information
April-May 2023
Guidelines, criteria and application packet to TTC/PAC for approval June 9, 2023 Guidelines, criteria and application packet to COG Policy Board for adoption/initiates call for projects
June 29, 2023
Call for Projects Workshop for member agencies July 12, 2023 Regional bid project submittals DUE Oct. 6, 2023
STBG scoring committee convenes Dec. 6, 2023
COG Policy Board approves recommended projects January 2024 FTIP amendments and submittal to Caltrans March–December 2024

FUNDING

DISTRIBUTION
At least 85% of the STBG apportionment will fund a STBG regional bid competitive program. The remaining apportionment may be used for projects on the current contingency list, post-programming adjustment requests (further defined later in this guidance), EPSPs, pavement management system updates, or retain the funding for future programming cycles. FCOG will manage the remaining apportionment based on project delivery of the current FFY to ensure funds are obligated in a timely manner and will follow FCOG’s adopted project delivery policy and procedures document.

MATCHING REQUIREMENTS
Most federal projects require a local match of 11.47%. Title 23 U.S.C allows toll credits to be included for federalaid highway projects, which provides local agencies up to 100% in federal reimbursement for participating work. 4 AUTHORIZATION TO PROCEED AND REIMBURSEMENT
Project applicants must comply with the provisions of Title 23 of the U.S.C., as well as with processes and procedures contained in the Caltrans Local Assistance Procedures Manual and the Master Fund Transfer Agreement with Caltrans. All guidance and procedures are available in the Local Assistance Procedures Manual at https://dot.ca.gov/programs/local-assistance/guidelines-and-procedures/local-assistance- proceduresmanual-lapm.

ELIGIBILITY
STBG funding is available to Fresno COG local agencies – cities within Fresno County and the County of Fresno.

ELIGIBLE STBG PROJECTS (Title 23 USC Section 133)

1. Eligible Projects and Activities:
• Location of Projects (23 U.S.C. 133(c)): STBG projects may not be undertaken on a road functionally classified as a local road or a rural minor collector unless the road was on a Federal-aid highway system on January 1, 1991, except-
(1) For a bridge or tunnel project (other than the construction of a new bridge or tunnel at a new location);
(2) For a project described in 23 U.S.C. 133(b)(4)-(11) and described below under"Eligible Activities" (b)(4) through (11);
(3) For transportation alternatives projects described in 23 U.S.C. 101(a)(29) before enactment of the FAST Act (these are described in 23 U.S.C. 133(h) and in separate TA Set-Aside guidance.); and
(4) For a bridge for the replacement of a low water crossing1; and (5) As approved by the Secretary.
• Eligible Activities (23 U.S.C. 133(b)): Subject to the location of projects requirements in paragraph (a), the following eligible activities are listed in 23 U.S.C. 133(b):
(1) Construction, as defined in 23 U.S.C. 101(a)(4) as amended by the BIL of the following:
i. Highways, bridges, and tunnels, including designated routes of the Appalachian development highway system and local access roads under 40 U.S.C. 14501; ii. Ferry boats and terminal facilities eligible under 23 U.S.C. 129(c); • That are eligible under 23 U.S.C. 129(c) as amended by the BIL, or • That are privately or majority-privately owned, that the Secretary determines provide a substantial public transportation benefit or otherwise meet the foremost needs of the surface transportation system described in 23 U.S.C. 101(b)(3)(D). This eligibility was added by BIL iii. transit capital projects eligible under chapter 53 of title 49, United States Code; iv. Infrastructure-based intelligent transportation systems capital improvements, including the installation of vehicle-to-infrastructure communication equipment; v. Truck parking facilities eligible under Section 1401 of MAP-21 (23 U.S.C. 137 note); and
1 The definition of low water crossing is contained in 23 CFR part 650, subpart D supplementary guidance at: https://www.fhwa.dot.gov/bridge/0650dsup.cfm (See paragraph 3.b. of the supplementary guidance).
5 vi. Border infrastructure projects eligible under Section 1303 of SAFETEA- LU (23 U.S.C. 101 note).
vii. Wildlife crossing structures. This eligibility was added by BIL. (2) Operational improvements and capital and operating costs for traffic monitoring, management, and control facilities and programs. Operational improvement is defined in 23 U.S.C. 101(a)(19).
(3) Environmental measures eligible under 23 U.S.C. 119(g), 148(a)(4)(B)(xvii), 328, and 329, and transportation control measures listed in Section 108(f)(1)(A) (other than clause (xvi) of that section) of the Clean Air Act (See 42 U.S.C. 7408(f)(1)(A)). (4) Highway and transit safety infrastructure improvements and programs, including projects eligible under 23 U.S.C. 130 and installation of safety barriers and nets on bridges. Not subject to the Location of Project requirement in 23 U.S.C. 133(c). (5) Fringe and corridor parking facilities and programs in accordance with 23 U.S.C. 137 and carpool projects in accordance with 23 U.S.C. 146. Carpool project is defined in 23 U.S.C. 101(a)(3). Not subject to the Location of Project requirement in 23 U.S.C. 133(c). (6) Recreational trails projects eligible under 23 U.S.C. 206, as amended by the BIL, including maintenance and restoration of existing recreational trails pedestrian and bicycle projects in accordance with 23 U.S.C. 217 (including modifications to comply with accessibility requirements under the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.)), and the Safe Routes to School Program under 23 U.S.C. 208 as amended by the BIL.
(7) Planning, design, or construction of boulevards and other roadways largely in the right-ofway of former Interstate System routes or other divided highways. Not subject to the Location of Project requirement in 23 U.S.C. 133(c).
(8) Development and implementation of a State asset management plan for the National Highway System (NHS) and a performance-based management program for other public roads. Not subject to the Location of Project requirement in 23 U.S.C. 133(c). (9) Protection (including painting, scour countermeasures, seismic retrofits, impact protection measures, security countermeasures, and protection against extreme events) for bridges (including approaches to bridges and other elevated structures) and tunnels on public roads, and inspection and evaluation of bridges and tunnels and other highway assets.

Not
subject to the Location of Project requirement in 23 U.S.C. 133(c). (10) Surface transportation planning programs, highway and transit research and development and technology transfer programs, and workforce development, training, and education under chapter 5 of title 23, United States Code. Not subject to the Location of Project requirement in 23 U.S.C. 133(c).
(11) Surface transportation infrastructure modifications to facilitate direct intermodal interchange, transfer, and access into and out of a port terminal. Not subject to the Location of Project requirement in 23 U.S.C. 133(c). (12) Projects and strategies designed to support congestion pricing, including electronic toll collection and travel demand management strategies and programs. Not subject to the Location of Project requirement in 23 U.S.C. 133(c).
6 (13) (14) Projects and strategies designed to reduce the number of wildlife-vehicle collisions, including project-related planning, design, construction, monitoring, and preventative maintenance. Preventive maintenance is defined in 23 U.S.C. 116(a). Not subject to the Location of Project requirement in 23 U.S.C. 133(c).

This eligibility was added by the BIL.
(14) The installation of electric vehicle charging infrastructure and vehicle-to-grid infrastructure. Not subject to the Location of Project requirement in 23 U.S.C. 133(c).

This eligibility was added by the BIL.
(15) The installation and deployment of current and emerging intelligent transportation technologies, including the ability of vehicles to communicate with infrastructure, buildings, and other road users. This eligibility was added by the BIL. (16) Planning and construction of projects that facilitate intermodal connections between emerging transportation technologies, such as magnetic levitation and hyperloop. This eligibility was added by the BIL.
(17) Protective features, including natural infrastructure, to enhance the resilience of a transportation facility otherwise eligible for assistance under STBG. Natural infrastructure is defined in 23 U.S.C. 101(a)(17). This eligibility was added by the BIL. (18) Measures to protect a transportation facility otherwise eligible for assistance under STBG from cybersecurity threats. This eligibility was added by the BIL. (19) Upon request of a State and subject to the approval of the Secretary, if Transportation Infrastructure Finance and Innovation Act (TIFIA) credit assistance is approved for an STBG- eligible project, then the State may use STBG funds to pay the subsidy and administrative costs associated with providing Federal credit assistance for the projects. (20) The creation and operation by a State of an office to assist in the design, implementation, and oversight, including conducting value for money analyses or similar comparative analyses, of public-private partnerships eligible to receive funding under title 23 and chapter 53 of title 49, United States Code, and the payment of a stipend to unsuccessful private bidders to offset their proposal development costs, if necessary to encourage robust competition in public-private partnership procurements. (21) Any type of project eligible under 23 U.S.C. 133 as in effect on the day before the FAST Act was enacted (i.e., in effect on December 3, 2015. Among these are:
a. Replacement of bridges with fill material;
b. Training of bridge and tunnel inspectors;
c. Application of calcium magnesium acetate, sodium acetate/formate, or other environmentally acceptable, minimally corrosive anti-icing and deicing compositions for bridges (and approaches to bridges and other elevated structures) and tunnels; d. Projects to accommodate other transportation modes continue to be eligible pursuant to 23 U.S.C. 142(c) if such accommodation does not adversely affect traffic safety; e. Transit capital projects eligible for assistance under chapter 53 of title 49, United States Code, including vehicles and facilities (publicly or privately owned) that are used to provide intercity passenger bus service;
f. Approach roadways to ferry terminals to accommodate other transportation modes and to provide access into and out of the ports;
g. Transportation alternatives previously described in 23 U.S.C. 101(a)(29) and described in 23 U.S.C. 213; (as in effect on the day before enactment of the FAST Act)
7 h. Projects relating to intersections having disproportionately high accident rates, high levels of congestion (as evidenced by interrupted traffic flow at the intersection and a level of service rating of "F" during peak travel hours, calculated in accordance with the Highway Capacity Manual), and are located on a Federal-aid highway; i. Construction and operational improvements for any minor collector if the minor collector and the project to be carried out are in the same corridor and in proximity to an NHS route; the construction or improvements will enhance the level of service on the NHS route and improve regional traffic flow; and the construction or improvements are more cost-effective, as determined by a benefit-cost analysis, than an improvement to the NHS route;
j. Workforce development, training, and education activities discussed in 23 U.S.C. 504(e);
k. Advanced truck stop electrification systems. Truck stop electrification system is defined in 23 U.S.C. 101(a)(34);
l. Installation of safety barriers and nets on bridges, hazard eliminations, projects to mitigate hazards caused by wildlife;
m. Electric vehicle and natural gas vehicle infrastructure in accordance with 23 U.S.C. 137;
n. Data collection, maintenance, and integration and the costs associated with obtaining, updating, and licensing software and equipment required for risk-based asset management and performance based management, and for similar activities related to the development and implementation of a performance based management program for other public roads;
o. Construction of any bridge in accordance with 23 U.S.C. 144(f) that replaces any low water crossing (regardless of the length of the low water crossing); any bridge that was destroyed prior to January 1, 1965; any ferry that was in existence on January 1, 1984; or any road bridge that is rendered obsolete as a result of a Corps of Engineers flood control or channelization project and is not rebuilt with funds from the Corps of Engineers. Not subject to the Location of Project requirement in 23 U.S.C. 133(c); and
p. Actions in accordance with the definition and conditions in 23 U.S.C. 144(g) to preserve or reduce the impact of a project on the historic integrity of a historic bridge if the load capacity and safety features of the historic bridge are adequate to serve the intended use for the life of the historic bridge. Not subject to the Location of Project requirement in 23 U.S.C. 133(c).
(22) Rural barge landing, dock, and waterfront infrastructure projects in accordance with 23 U.S.C. 133(j) (See Section K of this memorandum). Not subject to the Location of Project requirement in 23 U.S.C. 133(c). This eligibility was added by the BIL. (23) Projects to enhance travel and tourism. This eligibility was added by the BIL. The following activities are made eligible by other sections of 23 U.S.C.:
(24) Public transportation projects: (i) as described in 23 U.S.C. 142(a)(1), (a)(2), (a)(3), and (c); and (ii) meeting the requirements contained in 23 U.S.C. 142. (25) Initiatives to halt the evasion of payment of motor fuel taxes as provided for under 23 U.S.C. 143(b)(8), including expenditure limitations.
(26) Workforce development, training, and education activities under 23 U.S.C. 504(e).

2. Applicability of Planning Requirements (23 U.S.C. 133(d)(5)): Programming and expenditure of funds for projects shall be consistent with 23 U.S.C. 134 and 135, as amended by the BIL. Projects must be identified in the Statewide Transportation Improvement Program (STIP)/Transportation 8 Improvement Program (TIP) and be consistent with the Long-Range Statewide Transportation Plan and the Metropolitan Transportation Plan(s) (See 23 U.S.C. 133(d)(5)). When obligating suballocated funding discussed below), the State must coordinate with relevant metropolitan planning organizations (MPO) or rural planning organizations (See 23 U.S.C. 133(d)(3)).

STBG projects for eligible planning purposes must be reflected in the statewide SPR work program or Overall Work Program. Further, these projects must be in the FTIP unless the State DOT or MPO agree that they may be excluded. (23 CFR 420.119(e))

3. Applicability of 23 U.S.C. 217(i) for Bicycle Projects: 23 U.S.C. 217(i) requires that bicycle facilities be principally for transportation, rather than recreation, purposes. However, 23 U.S.C. 133(b)(7) and 133(h) list “recreational trails projects” as eligible activities under STBG. Therefore, the requirement in 23 U.S.C. 217(i) does not apply to recreational trails projects (including for bicycle use) using STBG funds. Section 217(i) continues to apply to bicycle facilities other than trail-related projects, and Section 217(i) continues to apply to bicycle facilities using other Federal-aid highway program funds (e.g., NHPP, Highway Safety Improvement Program, and Congestion Mitigation and Air Quality Improvement Program). The transportation requirement under Section 217(i) is applicable only to bicycle projects; it does not apply to any other trail use or transportation mode.

PROJECT SELECTION PROCESS
In administering a competitive selection process, FCOG will use a scoring committee to assist in evaluating project applications. The scoring committee will prioritize and rank all eligible, submitted applications based on the approved scoring criteria. The scoring committee has discretion to recommend partial funding, scaled options, pre-construction funding, or over subscribing the program if apportionment funds are available. The scoring committee’s project recommendations will be presented to Fresno COG’s TTC/PAC and Policy Board for approval.

STBG SCORING COMMITTEE REPRESENTATION

1. Westside Cities

2. Eastside Cities

3. Fresno Council of Governments

4. Fresno-Clovis Metropolitan Area (rotates between Clovis and Fresno representatives)

5. Fresno County

6. Caltrans

7. Transit (Rotates among Fresno Area Express, Clovis Transit and Fresno County Rural Transit Agency)

PROJECT APPLICATION
STBG project applications will be available at: https://www.fresnocog.org/project/regional-surfacetransportation-program/. Agencies may submit a maximum of 10 projects for consideration in the STBG Regional Bid process.

CONTACT AND SUBMITTAL INFORMATION
Please submit regional bid applications by noon, October 6, 2023. For regional bid funds, please send eight hard copies and one electronic copy of each application. All correspondence should be mailed to:

Fresno Council of Governments
Attention: Robert Phipps; STBG Call for Projects
2035 Tulare Street, Suite 201
Fresno, CA 93721
9 For further information on eligible projects, submittal of applications or other questions related to the STBG program, please contact Fresno COG Staff at (559) 233-4148.

CONTINGENCY PROJECT LIST
Fresno COG will adopt a list of projects that is financially constrained with the amount of STBG funding available for programming the regional bid program. In addition, Fresno COG will include a list of contingency projects, ranked in priority order based on the project’s evaluation score. Fresno COG intends to fund projects on the contingency list should there be cost savings or if a project is deleted from the program. Projects on the contingency list may also be funded using available apportionment to ensure project delivery and regional needs of the current FFY are met. This contingency list will be in effect only until the adoption of the next programming cycle.

PROJECT DELIVERY
All STBG projects must follow FCOG’s project delivery policy and procedures document. https://fresnocog.wpenginepowered.com/wp-content/uploads/2023/03/Final-Draft-FCOG-Project-DeliveryPolicy-and-Procedures.pdf 2023-24 STBG projects must be delivered in the programmed year specified and within the programming years of the 2024 FTIP (covering federal fiscal years 2024/25, 2025/26. 2026/27, and 2027/28). If regional bid projects are delayed due to unforeseen circumstances, projects, at any phase, may be pushed out. If the project is delayed more than two FTIP cycles, the project will be programmed based on financial capacity and at COG’s discretion. To avoid the region losing any Federal or State funds, the “use it or lose it” requirements of AB 1012 place local governmental agencies in a position that they must be able to deliver their projects on time; that is, they must be able to meet their project delivery schedules as proposed and as programmed within the Federal Transportation Improvement Program (FTIP). Initially, local funds will be programmed for construction until the right-of-way phase is either cleared or imminent.

Because project delivery is so important, the STBG Scoring Committee may take into consideration – as a part of a project’s “subjective” evaluation score – local agency’s ability to deliver projects in a timely manner (i.e., past performance/current ability to deliver projects rapidly).

Each agency must be able to assure that its project(s) can be delivered in a timely fashion. Therefore, each application must be accompanied by a formal council/board/district resolution stating that each project will meet project delivery schedules and that staff be directed to ensure that projects are promptly delivered. Also included with each project application should be a financial plan and project submittal checklist. A “sample” Resolution has been prepared to assist producing the required resolution(s) and the financial plan and project submittal checklist are included in the STBG application packet.

For awarded projects that received points in the construction ready and/or expedited project delivery categories, the following delivery rules apply:
• Projects must be obligated within the first two years of the programming cycle and must follow FCOG’s adopted project delivery policy and procedures guidelines. No extension requests will be considered;
• If construction cannot be obligated by the awarded programming year, regional bid funding will be deobligated and replaced with local funds;
• Deobligated funding will be added to the regional apportionment balance;

FTIP AMENDMENTS
Federal regulations require adherence to the projects and schedules contained within the adopted FTIP.

Amendments are used to make necessary changes to projects within the FTIP. Amendment procedures are available in Fresno COG’s FTIP document at https://fresnocog.wpenginepowered.com/wpcontent/uploads/2022/09/2023-FTIP-Update-FINAL-9_22.pdf

PROJECT COST SAVINGS
10 Project savings will be returned to the overall program and will be made available in the unprogrammed apportionment balance.

A local agency may transfer any cost savings between phases within the same project but cannot exceed the awarded amount of the total project. Any savings at project completion must be returned to the program proportionally. An agency is still responsible to meet federal local match requirements for all phases of the project.

POST PROGRAMMING ADJUSTMENTS
Project sponsors are responsible for all cost increases and must maintain the project delivery schedule.

SCOPE CHANGES
All projects selected under the regional bid process are selected based on the scope at time of submittal and will be held to fulfill the project with that scope. Fresno COG has limited options for accommodating minor scope changes, and larger scope changes of regional bid projects may face project cancellation and STBG fund revocation. Fresno COG staff strongly encourages all agencies to submit projects with the utmost confidence that the identified scope can be delivered.

STBG SCORING CRITERIA
General intent: Fresno COG’s STBG program shall be aimed toward approving projects that emphasize existing system preservation. Other factors set forth in the IIJA (BIL) guidelines that are important and are emphasized include: system integration and connectivity; safety and security; accessibility, mobility, and efficiency; energy conservation; environmental protection; and support for economic development activities. The overall STBG program is aimed to meet the performance of our long-term planning goals.

Max 40 Rehabilitation, Reconstruction and Replacement (Preservation) Applicant should explain how the project addresses preservation of existing infrastructure.

Describe current condition of roads/assets and how the project will improve current condition, including estimated lifespan, if applicable.

Range
Factors
Transit
High impact: Urgent asset replacement not the result of deferred maintenance; Assets are 20 percent above Federal Transit Administration’s mileage/age requirements, and cost- effective vehicle rehabilitation.

Medium impact: Normal asset replacement as provided for in the Short-Range Transit Plan; Examined case by case but on average:
• Bus 12 years
• Van 4 years
• Tools and Equipment 10 years
• Service vehicle 7 years
• Facility must be examined case by case
Low impact: Rehabilitation to prolong useful life. Federal Transit Administration will not allow rehabilitation that prolongs the life less than 40 percent which determines the minimum.
11 Range
Factors
Roads:

High impact: Poor/failed condition - based on pavement management analysis demonstrating a project on road to be failed or in poor condition; Pavement condition below 50, typically requires treatments that address structural adequacy and/or reconstruction.

Medium impact: At risk condition – based on pavement management analysis demonstrating a project on road to be in poor to fair condition; Pavement condition is between 50 and 70 to be considered at risk. Typically requires overlay treatments.

Low impact: Good to excellent condition – based on pavement management analysis demonstrating a project on a road to be in good to excellent condition with project to prolong useful life. Pavement condition is above 70. Typically requires treatment for preventative maintenance such as chip seals and slurry seals.

Range
Factors
Bicycle/Pedestrian:

High impact: Poor/failed condition – new or optimal project for bicycle/pedestrian facilities in very poor to poor condition.

Medium impact: At risk condition – facilities in poor to fair condition.

Low impact: Good to excellent condition – facilities in fair to good condition with project to prolong useful life.

Max 10 Safety/Security
Applicant should explain how the project addresses safety and/or security issues and demonstrate how the project improvements will remedy potential safety hazards. Include data to clearly demonstrate these issues.

Range
Factors
Transit
High impact: Passenger or employee safety/security, such as: lighting in high security area, handrails, equipment or assets safety/security project (such as projects which reduce violence threats on bus or at transfer points).

Medium impact: Lighting in low security area, bus turnouts, maintenance yard fences
Low impact: Projects such as revenue collection security project.

Range
Factors
Roads:

High impact: Projects such as high occupancy vehicle (HOV) enforcement areas, grade separations, median barrier when crossover median accidents are an issue, geometric improvements, shoulders, curve corrections, new signals, drainage improvements, sight & distance improvements, profile grade improvements.

Medium impact: Widenings, auxiliary lanes, left-turn pockets, minor shoulder widenings.

Low impact: Signage, restriping, intersection improvements.

Range
Factors
Bicycle/Pedestrian:

High impact: Commuter available bike paths/lanes, curb cuts, resolve conflict between modes, routes to school sites.

Medium impact: Recreational bike paths/lanes, general sidewalk improvements.

Low impact: Striping, signage.
12 Max 5 Air Quality
Applicant should explain how the project would have a positive benefit on air quality and incorporate transportation control measures (TCM).

Range
Factors
High impact: Reduces emissions. Incorporates highly effective transportation control measure (TCM) and/or significantly reduces emissions.

Medium impact: Air quality neutral. Incorporates moderately effective TCM and/or moderately reduces emissions.

Low impact: Project does not include a TCM and/or does not increase or reduce emissions and/or increases vehicle emissions.

Max 10 Congestion Relief / System Expansion
Applicant should explain how the project relieves congestions and/or expands the current infrastructure system without negatively effecting conformity requirements.

SYSTEM EXPANSION (All modes):

Range
Factors
Current needs: Meets a demonstrated high demand of current needs, (must be able to meet conformity requirements).

Future needs: Meets a projected demand of future needs, (must be able to meet conformity requirements).

Economic enhancement: Supports economic enhancement efforts or improves system continuity; enables multi-modal connections/transportation.

CONGESTION RELIEF:

Range
Factors
Transit
High impact: Significantly reduces transit vehicle crowding, increases service capacity significantly, transportation control deficiency plan measure, increases service reliability significantly. Interconnect or fare coordination project, bus turnouts at major intersections, intermodal facility accommodating major transfers, reduces travel time.

Medium impact: Increases service reliability in a minor capacity, interconnect or fare coordination project, general bus turnouts, and intermodal facility accommodating major transfers.

Low impact: Increases passenger comfort or convenience, bike racks.

Range
Factors
Roads:

High impact: Transportation control deficiency plan measure, signal coordination of multiple (>3) signals, gap closure projects, traffic operations system, left-turn pockets or other intersection improvements.

Medium impact: HOV lanes, auxiliary lanes, signalization.

Low impact: New signal where none currently exists and is warranted by volume or delay, ramp metering with HOV bypasses (when shown not to adversely affect surface streets).
13 Range
Factors
Bicycle/Pedestrian:

High impact: Transportation control deficiency plan measure, facility that will primarily serve commuters and/or school sites, sidewalks where none exist.

Medium impact: Mixed use bicycle/pedestrian facility (recreation & commuter), usable sidewalk segments including upgrades and new installations.

Low impact: Bicycle/pedestrian facility primarily for recreational use, signage.

Max 10 Cost Benefit Ratio
Please reference analysis guidance on application. Projects will be evaluated on a relative basis, i.e., how they compare to each other.

Range
Factors
Project annual safety, operational, and maintenance benefits divided by annualized project cost.

Max 5 Congestion Management Plan (CMP)
Please reference map to find CMP information.

Range
Factors
• One point for Congestion Management-Plan eligible projects. • Up to four additional points for congestion and collision rate levels.

COLLISION
• Two points for projects located on a roadway with a collision rate that is in the top 10 percent.
• One point for projects located on a roadway with a collision rate that is in the top 25 percent, but not the top 10 percent.

CONGESTION
Expressways
This project is located on a street where the Peak Hour Average Speed is:
(choose one)
☐ < 30 mph (2 pts)
☐ 30 – 40 mph (Arterials) (1 pt)
☐ > 40 mph (Arterials) (0 pts)
Arterials
This project is located on a street where the Peak Hour Average Speed is:
(choose one)
☐ < 25 mph (Arterials) (2 pts)
☐ 25 – 35 mph (Arterials) (1 pt)
☐ > 35 mph (Arterials) (0 pts)
Collectors
This project is located on a street where the Peak Hour Average Speed is:
(choose one)
☐ < 20 mph (Arterials) (2 pts)
☐ 20 - 30 mph (Arterials) (1 pt)
☐ > 30 mph (Arterials) (0 pts)
Max 10 Subjective Evaluation
The subjective evaluation category allows the scorer the flexibility to decide that some aspect of the project that was not considered in prior criteria should be given consideration. The items listed under the subjective category are examples only and the list is not meant to be allinclusive of what might be considered under subjective evaluation. 14 Range
Factors
The scorer may consider other important factors including but not limited to:
• Prioritization by the project’s sponsor, as assigned by the member agency. • Projects that minimize prime farmland losses, unique farmland, farmland of statewide importance and farmland of local importance.
• Projects that support sustainable communities strategies. • Projects that leverage other funds.
• Projects that address economic impacts such as connectivity, multimodal access, corridor concerns, freight/commodity movement and growth management.

Max 4 Construction-Ready Projects
Project is requesting construction funding only and is committed to the delivery requirements as described in the guidelines. Projects requesting points in this category will go through aCaltrans screening process.
4 points
Project requesting funds for construction only in the first year (2022/23) of the FTIP.

PE and ROW documentation should be included in application packet. 2 points
Project requesting funds for construction only in the second year (2023/24) of the FTIP. PE and ROW documentation should be included in application packet. 6 points Expedited Project Delivery
Project applicant is committed to the expedited project delivery requirements as described in the guidelines.
6 points Project is committed to the expedited project delivery schedule, programmed within the first two years of the FTIP, and its subsequent delivery requirements. No documentation is required. All phases of project may be programmed. 100 Total Points Available
Potential Point Reductions
-5 points Constrained in Regional Transportation Plan (RTP) Range
Factors
If the project is not on the constrained project list in the Fresno COG 2022 RTP, or submitted for the upcoming 2026 RTP, it will receive a five-point deduction in this category.

CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor Palomar & City Council
REPORT FROM: Daniel Galvez -Public Works Director REVIEWED BY: AP AGENDA ITEM: Water Consumption and Conservation
ACTION REQUESTED: ___Ordinance ___Resolution ____Motion ____Receive/File

EXECUTIVE SUMMARY
City Staff is providing an update on water usage for the first six months of 2023, as well as an update on the Turf replacement program and conservation efforts.

Over the last few months, the City of Kingsburg as well as the State of California has gone from extreme/ exceptional drought to having a no drought designation. The City can monitor water production on demand utilizing our SCADA system. SCADA is a computer-based system for gathering and analyzing data as well as allowing our Water operators to control equipment and notify us of potential issues with the Water System. Monthly reports are submitted to the State indicating total pumping amounts, well depths, flow rates and maximum day demand in addition the water system is checked daily and tested as required by the State. Testing is done by a third-party lab. The City operates seven Municipal well sites and all water produced ground water , the City does not treat surface water or utilize retention basins to provide potable water. Water in the retention basins is utilized for water recharge only.

Comparing the first six months of 2022 to 2023 we can see the rain and relatively cooler summer temperatures impact on our water usage. For January through July of 2022, the City pumped 626.39 MG for the same period in the 2023, 506.652 MG were pump Other factors contributing to our water usage is hydrant meter and pool permits. As of June 30, 2023, the City had 12 hydrant meter rentals outstanding compared to 22 for 2022. Through July 30, 2023, the City has also issued 36 pool drain permits. In 2022, 3 permits were issued. In typical wet years, lawn clippings, mulch and other debris comprise the chemistry of swimming pools which may require a drain and fill. Draining and filling a pool is not always required, but it may be a cheaper alternative than balancing the pool with chemicals. Pool drain permits are free, and residents are made aware of the potential cost of filling the pool. The permit also requires the water in the pool to be neutralized prior to being drained.

Month 2022 2023
January 71.932 41.224
February 54.181 44.508
March 72.227 39.056
April 78.537 59.567
May 115.151 105.359
June 114.682 107.999
July 119.68 108.939
Meeting Date: 08/16/2023
Agenda Item: 6.5

Page 2 of 2 ends

The Turf replacement program was also successful 26 projects were completed in the Fiscal Year 22/23.

This program was successful despite heavy rains in the Spring which delayed the completion of many projects. The Turf replacement program removed 29,241 sq. ft of turf and removed, capped and/or covered to drip irrigation 269 sprinkler heads.

The Turf replacement program will continue for FY 23-24 on a limited basis, but staffs primary focus will be to remove turf and spray heads from City owned medians, planters, islands, well sites and City owned facilities.

RECOMMENDED ACTION BY CITY COUNCIL

1. No action- information item only

POLICY ALTERNATIVE(S)

1. N/A
STRATEGIC GOAL(S) MET:

1. Promote Sustainable Development

FINANCIAL INFORMATION

PRIOR ACTION/REVIEW
N/A

BACKGROUND INFORMATION
N/A

ATTACHED INFORMATION

1. Water Production

2. Presentation
FISCAL IMPACT:

1. Is There A Fiscal Impact? Yes

2. Is it Currently Budgeted? Yes

3. If Budgeted, Which Line? 318
Kingsburg Water Production Totals Reported in Million Gallons 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 January 35.60 42.40 55.90 49.90 62.60 45.30 28.92 36.11 37.00 33.66 48.62 50.92 71.93 41.22 February 39.40 41.70 53.90 50.00 49.20 39.90 34.09 31.85 46.68 31.51 49.45 47.78 54.18 44.50March 61.90 61.30 71.10 87.20 69.20 67.10 41.32 50.05 49.47 30.56 60.76 69.17 72.23 39.05April 73.30 97.00 84.80 117.10 88.30 78.79 63.91 66.63 71.79 33.81 56.70 89.07 78.54 59.56May 76.30 115.30 136.40 143.60 119.60 86.80 89.69 89.64 84.48 63.13 91.25 105.22 115.15 105.30June 150.00 149.60 159.90 161.80 136.30 101.90 111.13 102.14 104.47 74.97 111.67 132.70 114.68 107.99July 157.40 178.10 168.50 170.10 141.60 104.39 129.00 103.97 152.36 90.76 119.90 118.48 119.68 108.93August 165.90 166.60 167.40 162.40 131.40 95.86 122.00 109.44 98.53 102.45 125.94 117.91 118.65September 135.90 152.00 145.80 140.90 118.20 78.17 89.90 79.16 83.07 105.98 105.62 111.28 111.24October 102.90 115.00 121.60 119.60 107.00 78.60 89.70 82.67 85.39 80.16 95.48 93.27 91.84November 67.00 69.20 69.60 79.20 61.10 42.55 58.27 58.90 61.77 75.35 72.48 68.06 66.42December 49.90 57.80 46.40 62.60 45.00 36.60 42.89 43.54 48.79 57.51 57.35 46.79 49.58Year Total 1115.50 1246.00 1281.30 1344.40 1129.50 855.97 900.82 854.09 923.80 779.85 995.22 1050.65 1064.13 506.55Jan - July Comparable 593.90 685.40 730.50 779.70 666.80 524.18 498.06 480.38 546.25 358.41 538.35 613.35 626.39 506.55 Water
Consumption
and
Conservation
Drought
 2022- Extreme/ Exceptional
 2023 Spring - Rain
 2023 Summer – No Drought
Designation
2 Water Consumption /
Production
 7 Well Sites
 SCADA System – Monitor -Control -Report
 Testing – State Requirement- Independent
Lab
 Reporting – State
 Groundwater – No surface water treatment
 Retention Basins –Water Recharge Only
3 Water Consumption January to July
 2022 VS 2023 in Millions of Gallons ( MG)
 2022- Total 626.39
 2023- Total 506.652
4 Month
2022 2023
January

71.932 41.224
February

54.181 44.508
March

72.227 39.056
April

78.537 59.567
May
115.151 105.359
June
114.682 107.999
July
119.68 108.939
Water Consumption Factors
 Rain
 Relatively Cooler Summer
 Turf Replacement Program
 Hydrant Meters - Month of July
 2023-12 outstanding vs 22 outstanding -2022
 Pool Drain Permits
 2023-36 (July)
 2022 -3 (Whole Year)
5 Turf Replacement
Program  First Approved in September
2021 for FY 21/22
 $2 for every sq ft. of turf
removed
 Maximum rebate amount $3000  Must have drought tolerant landscape
 Irrigation – Spray Heads must be
capped or converted to drip
6 Turf Rebate Process
7 Step 5 Reimbursement
Step 4 Verification Meeting
Step 3 Notice to Proceed- 60 days to complete
work
Step 2 Site Visit
Step 1 Application Submitted/ Reviewed
Turf Replacement : By the Numbers
11 projects completed - FY 21/22
10,796 sq ft. of turf removed
125 sprinklers capped or converted to
drip
26 project completed - FY 22-23
29,241 sq. ft of turf removed
269 sprinklers capped or converted to
drip
8/10/2023 8
Turf Replacement
Goals FY 23/24
 Remove Turf from City Owned Properties- drought
tolerant/xeriscape
 Continue Residential conversions on a limited basis
 Questions?
9 CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor Palomar & City Council

REPORT FROM: Community Services Director Adam Castaneda REVIEWED BY: AP AGENDA ITEM: Kingsburg Tri-County Health Care District 2023 Grant Awards ACTION REQUESTED: ___Ordinance ___Resolution ___Motion _____Receive/File

EXECUTIVE SUMMARY
The Kingsburg Tri-County Health Care District (KTCHD) provides grants to various public and private organizations that provide health related services to the Kingsburg community and surrounding area. Grants are awarded for any purpose allowed by state law, including to aid in the operation of free clinics, health education programs, wellness and prevention programs, rehabilitation, and any other health care which is necessary for the maintenance of good physical and mental health in the Kingsburg community and surrounding area. Each year in January the Board approves a list of needed health services and programs which grant applicants can focus upon in applying for grant funding. May 1 was the deadline to submit grant applications and on July 28 grant awards were announced by the Board.

The City of Kingsburg has been awarded four grant requests for the 2023 grant cycle. These applications were submitted with assistance from Townsend Public Affairs and City Staff. The total award amount to the City of Kingsburg for this grant cycle is $621,038.50.

Kingsburg Community Services Department
Project Name: Public Health & Playground Safety Updates Total Grant Request: $72,623.00
Total Grant Award: $36,311.50
Project Description:

Installation of pour in place rubber surfacing at Memorial and Downtown Parks. The new pour in place rubber surfacing is considered the new industry standard and provides a safer environment for children at play. The new pour in place material is also easier to maintain and has a life expectancy of 10-15 years.

Kingsburg Police Department
Project Name: Public Service Vehicle & Officer First Aid Kits Total Grant Request: $19,740.00
Project Description:

The purchase of new individual first aid kits (IFAK) of officers and vehicle first aid kits for all city vehicles. The requested vehicle first aid kits will be for all public service vehicles and be used to help render aid to the public and city staff in the event of an emergency.
• 30 OCK (OSHA compliant kit) First Aid Kit – ($375.99 per unit) • 30 BearFAK 3.0 Individual First Aid Kit (IFAK) – ($281.99 per unit) Kingsburg Fire Department
Project Name: 50% of 6 Full Time EMS Support
Meeting Date: 08/16/2023
Agenda Item: 6.6

Page 2 of 3 ends

Total Grant Request: $384,987.00
Project Description:

A partnership between the City of Kingsburg and Kingsburg Tri-County Health Care District to meet the needs of the greater community by increasing the full-time staffing of the Kingsburg Fire Department (KFD) Paramedics.

The Kingsburg ambulance response zone areas are nearly an exact match of the KTCHD boundaries. Staff proposes the city share the costs 50/50 with the KTCHD.

Kingsburg Fire Department
Project Name: Paramedic EKG/ Heart Monitor Upgrade
Total Grant Request: $180,000.00
Project Description:

The purchase of equipment to upgrade and replace aging portable EKG and Heart monitors utilized by Paramedics on all advanced Life Support calls. The current monitors weigh 27 pounds each (as compared to the new monitor at 11 pounds each). The older monitors are no longer compatible with the software required for reporting medical compliance with California State EMS.

Staff is seeking city council approval to accept the four individual award contracts as presented by the Tri County Health Care District. Once the contracts are signed, staff will begin working on project planning and implementation.

RECOMMENDED ACTION BY CITY COUNCIL

1. Staff is seeking four separate council approvals be made for each contract award presented. a. KTHCD Grant Public Health & Playground Safety Updates $ 36,311.50 b. KTHCD Grant Public Service Vehicle & Officer First Aid Kits $19,740.00 c. KTHCD 50% of 6 Full Time EMS Support Employees $384,987.00 d. KTHCD Paramedic EKG/ Heart Monitor Upgrade $180,000.00

POLICY ALTERNATIVE(S)

1. The council could modify direction with regards to submitting for the grants.

STRATEGIC INITIATIVE

1. Provide Recreation Opportunities for All Ages.

2. Improve Public Safety

FINANCIAL INFORMATION

PRIOR ACTION/REVIEW
On January 18, 2023, a presentation was given to the City Council as an introduction to the KTCHD grant cycle and staff’s desire to submit grant requests for 2023. The City of Kingsburg has partnered with the district on multiple projects over the last several years for the purchase of public safety equipment and public recreation improvements.

Kingsburg Community Services 2022 Senior Center Kitchen Renovation $220,728.00 Kingsburg Fire Department 2022 Paramedic Ambulance Personnel $366,654.00 Kingsburg Fire Department 2022 Paramedic Ambulance Wage Adjustment $7,333.00 Kingsburg Fire Department 2022 Lucas/CPR Devices & Annual Contract $80,106.00 Kingsburg Fire Department 2021 Paramedic Ambulance Personnel $377,400.00 Kingsburg Fire Department 2020 New Ambulance $359,000.00 Kingsburg Fire Department 2020 Public Access AED/CPR Program $103,550.00 FISCAL IMPACT:

1. Is There A Fiscal Impact? Yes

2. Is it Currently Budgeted? No

3. If Budgeted, Which Line? N/A

Page 3 of 3 ends

Kingsburg Fire Department 2020 Ambulance Equipment Program $202,051.00 Kingsburg Community Services 2019 Crandell Swim Complex Project $434,937.00 Kingsburg Community Services 2019 Athwal Park Improvements Phase I $600,000.00 Kingsburg Fire Department 2018 Autoload Cots and ECG Monitors $126,505.00 Kingsburg Police Department 2018 Patrol Vehicle and Officer First Aid Kits $6,007.70 Kingsburg Fire Department 2017 New Ambulance $250,000.00

ATTACHED INFORMATION

1. KTHCD Grant 2023 KTHCD Grant Public Health & Playground Safety Updates

2. KTHCD Grant 2023 Public Service Vehicle & Officer First Aid Kits

3. KTHCD Grant 2023 50% of 6 Full Time EMS Support Employees

4. KTHCD Grant 2023 Paramedic EKG/ Heart Monitor Upgrade

Page 1 of 19 ends

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 CITY OF KINGSBURG, referred to as “GRANTEE,” with reference to the following:

II. RECITALS
A. WHEREAS, the DISTRICT is a California local health care district organized and existing pursuant to Health and Safety Code §§ 32000 et seq.; B. WHEREAS, the GRANTEE is municipal corporation organized and existing under a voter-approved charter pursuant to Article 11, § 3, of the California Constitution;
C. WHEREAS, the GRANTEE desires to implement a portion of its wellness and prevention program or health education program (“Program”) at Downtown Park and Memorial Park by contracting with a licensed contractor to replace the existing surfacing for the playgrounds with rubber surfacing to create a safer play environment and thereby motivate and encourage continuation of moderate to vigorous physical activity levels by children which is vital to their physical, cognitive, emotional and social development and health; 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 assist the GRANTEE with 50% of the amount requested by the GRANTEE for the installation of the aforementioned improvements will further both the GRANTEE’s and the DISTRICT’s health education or wellness and prevention programs and is necessary to promote the physical, cognitive, emotional and social development and health of children within the DISTRICT, and has approved a grant to the GRANTEE in a total amount up to, but not exceeding, thirty-six thousand three hundred eleven U.S. dollars and fifty cents ($36,311.50 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

Page 2 of 19 ends

the GRANTEE’s Program, which would provide wellness and prevention facilities to the public, including residents of the DISTRICT.

ACCORDINGLY, IT IS AGREED:

III. SPECIFIC TERMS

1. PURPOSE:

Grant Funds must be used solely for those Program expenditures which are 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 credit 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 for 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. GRANTEE 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, other than those identified in EXHIBIT A; (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 June 30, 2024 unless otherwise terminated as provided in this Agreement.

3. SCOPE OF GRANT SERVICES, PROGRAM OR EQUIPMENT
FUNDED: See attached EXHIBIT A.

4. PAYMENT OF GRANT FUNDS: Grant Fund payments will be made by the

Page 3 of 19 ends

DISTRICT to GRANTEE according to the schedule set forth in attached EXHIBIT B.

5. LIMIT OF COMMITMENT: Unless otherwise approved by the DISTRICT’s Board, this Grant shall be a one‐time grant by the DISTRICT, and is nonrenewable. 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 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 GRANTEE 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 further 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 for the GRANTEE Program or services which receive any of the Grant Funds.

9. EVALUATION/OUTCOMES REPORTING:

Page 4 of 19 ends

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 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 this Agreement. All GRANTEE reports shall become the property of DISTRICT.

Report forms and guidelines provided by the DISTRICT, if any, must be utilized by GRANTEE, otherwise the GRANTEE’s report must, at a minimum, contain the following information (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 performance 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 the accuracy of the report and certifying 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

Page 5 of 19 ends

GRANTEE.

10. WRITTEN REPORT SCHEDULE: All written interim and final reports must be submitted by GRANTEE to DISTRICT before the scheduled deadlines below. Failure to timely 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 and have not been expended prior to the corresponding deadline in accordance with the provisions of this Agreement, shall be returned to the DISTRICT upon the DISTRICT's request. When GRANTEE will also be presenting its report to the Board in-person, all written materials for such presentation must be actually received by the DISTRICT no later than noon on the Friday before the Board meeting where the presentation is to occur. Except under extraordinary circumstances, written materials (including Power Point slides) should not be submitted or shown to the DISTRICT for the first time during presentations. 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 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. 1; Apr. 1; Jul. 1; 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 after 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.

11. ATTRIBUTION: GRANTEE agrees to comply with the 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 announcements 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

Page 6 of 19 ends

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 performance 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. As noted in the grant application and the District’s grant policies, the GRANTEE is under a continuing duty to promptly, and in no event more than ten (10) business days afterward, notify the District in writing, of each and all changes to the members of the governing body of GRANTEE and the members of the governing body of each and all of its affiliates and partners. The obligations identified in this paragraph are a material term of this Agreement.

IV. GENERAL TERMS

14. INDEPENDENT CONTRACTOR STATUS:
(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.

Page 7 of 19 ends

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 California conflicts of law principles. The parties agree that this contract is made in and shall be deemed to 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, GRANTEE 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 purpose 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 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 California 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 interests and appearance of conflicts of interests, including, but not limited to Government Code §§ 1090 et seq., and the Political Reform Act, Government Code §§ 81000 et seq. and regulations promulgated pursuant thereto by the California 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 influences any DISTRICT decision which has the potential to confer any pecuniary benefit on GRANTEE or any business firm in which GRANTEE has an interest, 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

Page 8 of 19 ends

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 acquisition and/or use of any equipment funded in whole or in part under this Agreement and/or for GRANTEE’s receipt and/or 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.

Page 9 of 19 ends

(6) material misrepresentation, either by GRANTEE or anyone acting on GRANTEE’s behalf, 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) Non-Government Entities: 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 undertaken will be the possible rejection of future proposals based upon specific causes of non-performance.
(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 to offset, or to make any reports of pre-termination contract 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,

Page 10 of 19 ends

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 Chairperson

KINGSBURG TRI-COUNTY

HEALTH CARE DISTRICT
1425 Marion Street
Kingsburg, California 93631
559-897-5841
559-897-8645 fax
Moses Diaz, District General Counsel

PUBLIC INTEREST LAW FIRM
A Professional Corporation
2902 West Main Street
Visalia, California 93291
559-900-3500
559-900-3555 fax
GRANTEE:

CITY OF KINGSBURG
Alex Henderson, City Manager
1401 Draper Street
Kingsburg, California 93631
559-897-5821
559-897-5568 fax
With a Copy To:

KAHN, SOARES & CONWAY, LLP
Attention: Michael J. Noland, Esq.
219 North Douty Street
Hanford, California 93230
559-584-3337
559-584-3348 fax
(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 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 party will execute any additional documents and perform any further acts which may be reasonably required to effect the purposes of this Agreement.

Page 11 of 19 ends

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. WAIVERS: 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 RECITALS: 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 Agreement to either party is lost, the Agreement may be terminated at the option of the party 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 REPRESENTED: 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.

Page 12 of 19 ends

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.
//
//
//
[SIGNATURES ON NEXT PAGE]

Page 13 of 19 ends

GRANTEE:
_________________________________
Vince Palomar, Mayor (date)
APPROVED AS TO FORM:
_________________________________
City Attorney or Deputy (date)
__________________________________
________________ (date) _________________________________ Abigail Palsgaard, City Clerk (date)
DISTRICT:
_________________________________
Todd Thompson, Board Chairman (date)
APPROVED AS TO FORM:
_________________________________
Moses Diaz, General Counsel (date)
__________________________________
________________ (date)
ATTEST:
_________________________________
Shereme Watson, (date)
Deputy Board Secretary

Page 14 of 19 ends

EXHIBIT A

HEALTH PROGRAM OR

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 facilities and/or equipment used for health services or programs:

HEALTH SERVICE, PROGRAM,
FACILITY OR EQUIPMENT (include
make, model, etc.)
DATE
COST
Not to Exceed
1 Rubberized Playground Surfacing for
3,100 square feet (pg. 2 of grant
application) of play structures at both
Downtown Park and Memorial Park.

FY2023-24 $36,311.50
TOTAL $36,311.50
The award of Grant Funds are expressly conditioned upon GRANTEE’s completion of each and all of the project elements specified in GRANTEE’s grant application for both Downtown Park and Memorial Park.

The Grant Funds must be expended as part of a wellness and prevention program or health education program.
//

Page 15 of 19 ends

EXHIBIT B

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

DATE PURPOSE AMOUNT
1 FY2023-24. For qualifying items specified within EXHIBIT A during the term of this Agreement, GRANTEE must
first incur cost or charge for said items and then
subsequently request reimbursement, in writing,
within 180 days after paying for or incurring said
items.

Up to
$36,311.50
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- //

Page 16 of 19 ends

EXHIBIT C

GRANT ATTRIBUTION REQUIREMENTS

1. 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 DISTRICT-Funded Equipment 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 GRANTEE 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 support. 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. Logo Usage
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 shall be adhered to as provided by DISTRICT. Requests for logo should be directed to the administration office of the DISTRICT.

Page 17 of 19 ends

6. Photograph 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.

Page 18 of 19 ends

EXHIBIT 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 in any way from, or in connection with, performance of the Agreement by the GRANTEE, its agents, representatives, employees or subcontractors, if applicable, including without limitation each use of the grant funding provided under the Agreement.

A. Minimum Scope & Limits of Insurance

1. 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 $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 chief executive officer).

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 100% of the contract value for all bridge construction and new construction up to two hundred thousand dollars ($250,000).

See chief executive officer for construction over $250,000.

B. Specific Provisions of the Certificate

1. 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 insureds.

Page 19 of 19 ends

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.” C. Deductibles and Self-Insured Retentions
The DISTRICT’s chief executive officer 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 chief executive officer or designee.

E. Verification of Coverage
Prior to the DISTRICT’s approval of the agreement for this Program, the GRANTEE shall file with DISTRICT’s 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.

Page 1 of 18 ends

II. RECITALS
A. WHEREAS, the DISTRICT is a California local health care district organized and existing pursuant to Health and Safety Code §§ 32000 et seq.; B. WHEREAS, the GRANTEE is municipal corporation organized and existing under a voter-approved charter pursuant to Article 11, § 3, of the California Constitution;
C. WHEREAS, the GRANTEE operates a full-time police department which provides services and training, including emergency medical services and first aid, and desires to implement a portion of its health and wellness program within the DISTRICT;
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 the provision of 30 first aid kits for all police officers and 30 first aid kits for all City vehicles (“Program”) is necessary within the DISTRICT, and has approved a grant to the GRANTEE in the annual amount not to exceed nineteen thousand seven hundred forty U.S. dollars ($19,740.00 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

Page 2 of 18 ends

1. PURPOSE:

2. TERM: This Agreement shall become effective as of the date of the final party signature below and shall expire on June 30, 2024 , unless otherwise terminated as provided in this Agreement.

3. SCOPE OF GRANT SERVICES, PROGRAM OR EQUIPMENT
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.

Page 3 of 18 ends

available from the DISTRICT. GRANTEE will not be entitled to priority 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.

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.

Page 4 of 18 ends

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.

10. WRITTEN REPORT SCHEDULE: 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 and have not been expended prior to the

Page 5 of 18 ends

corresponding deadline in accordance with the provisions of this Agreement, 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 Agreement or the last interim report, whichever is later. The deadlines for submitting interim and final reports shall be no later than:

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

Page 6 of 18 ends

IV. GENERAL TERMS

15. 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 and as applicable, 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.

Page 7 of 18 ends

DISTRICT’s auditor and to the same’s agents and representatives, for the purpose 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 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 California Secretary of State as applicable.

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.

Page 8 of 18 ends

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 of intention to terminate pursuant to this provision, specifying the date of termination. Such termination shall only operate prospectively. Grant Funds must not be used to pay, reimburse or otherwise satisfy any expense(s) incurred by the GRANTEE after the GRANTEE’s receipt of a notice of termination under this Agreement.
(b) With Cause: This Agreement may be terminated by DISTRICT should the GRANTEE:
(1) be adjudged a bankrupt;
(2) become insolvent or have a receiver appointed;
(3) make a general assignment for the benefit of creditors; (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;
(5) materially breach this Agreement;
(6) material misrepresentation, either by GRANTEE or anyone acting on GRANTEE’s behalf, 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) Non-Government Entities: 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.

Page 9 of 18 ends

DISTRICT: With A Copy To:

Board Chairperson

KINGSBURG TRI-COUNTY

HEALTH CARE DISTRICT
1425 Marion Street
Kingsburg, California 93631
559-419-0011
559-897-8645 fax
Moses Diaz, District General Counsel

PUBLIC INTEREST LAW FIRM
A Professional Corporation
2902 West Main Street
Visalia, California 93291
559-900-3500
559-900-3555 fax
GRANTEE:

CITY OF KINGSBURG
With a Copy To:

KAHN, SOARES & CONWAY, LLP

Page 10 of 18 ends

Alex Henderson, City Manager
1401 Draper Street
Kingsburg, California 93631
559-897-5821
559-897-5568 fax
Attention: Michael J. Noland, Esq.
219 North Douty Street
Hanford, California 93230
559-584-3337
559-584-3348 fax
(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 date of mailing. Either party may change the above address by giving written notice pursuant to this paragraph.

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

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.

Page 11 of 18 ends

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

THE PARTIES, having read and considered the above provisions, indicate their agreement by their authorized signatures below.
//
//
//
[SIGNATURES ON NEXT PAGE]

Page 12 of 18 ends

GRANTEE:
______
_________________________________
Vince Palomar, Mayor (date)
____________________________
________________ (date)
APPROVED AS TO FORM:
_________________________________
City Attorney or Deputy (date)
ATTEST:
__________________________________
Abigail Palsgaard, City Clerk (date)
GRANTOR:
_________________________________
Todd Thompson, Board Chairman (date)
APPROVED AS TO FORM:
_________________________________
Moses Diaz, General Counsel (date)
_________________________________
_
________________ (date)
ATTEST:
__________________________________
Shereme Watson, (date)
Deputy Board Secretary

Page 13 of 18 ends

EXHIBIT A

HEALTH SERVICE, PROGRAM OR

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 the following facilities and/or equipment to be used, for health services or programs:

HEALTH SERVICE, PROGRAM OR
EQUIPMENT (include make, model, etc.) DATE
COST
Not to Exceed
1 Thirty: BearFAK 3.0 Individual First Aid
Kits (IFAK), $281.99/per kit (Police officer
kits) FY2023-24 $8,459.70
2 Thirty: OSHA Compliant Kits (OCK) for
First Aid, $375.99 per kit (City vehicles
kits)
FY2023-24 $11,279.70
TOTAL $19,739.40

Page 14 of 18 ends

EXHIBIT B

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

Page 15 of 18 ends

EXHIBIT C

GRANT ATTRIBUTION REQUIREMENTS

Page 16 of 18 ends

Page 17 of 18 ends

EXHIBIT D

A. Minimum Scope & Limits of Insurance

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 chief executive officer).

See chief executive officer for construction over $250,000.

B. Specific Provisions of the Certificate

Page 18 of 18 ends

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

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

Page 1 of 20 ends

II. RECITALS
A. WHEREAS, the DISTRICT is a California local health care district organized and existing pursuant to Health and Safety Code §§ 32000 et seq.; B. WHEREAS, the GRANTEE is municipal corporation organized and existing under a voter-approved charter pursuant to Article 11, § 3, of the California Constitution;
C. WHEREAS, the GRANTEE operates a full-time fire department which provides emergency medical services and training and desires to implement a portion of its health and wellness program within the DISTRICT; 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 previously and for FY2021-22 and FY2022-23 determined that a grant of DISTRICT funds to GRANTEE, for funding approximately one-half of the paramedic personnel startup expenses for GRANTEE’s expanded emergency medical services program for Years 1 and 2 (“Program”) in the amount of $366,654.00 per year, was necessary to increase emergency services by staffing a second full-time 24/7 Paramedic Rescue Ambulance, and therefore approved such grant funding for the Program (the “Grant” and “Grant Funds”);
F. WHEREAS, the DISTRICT’s Board of Directors previously and for FY2022-23 approved an increase to the Grant Funds approved for Year 2 of the Program, in light of an increase in GRANTEE’s labor costs, for a total increase not to exceed $7,333.00;
G. WHEREAS, the GRANTEE’s proposal presentation in 2021 indicated that that for Years 1 and 2, “…as revenue is seen from work done in Year 1 [and Year 2]; revenues, if obtained by the City as described, are used to offset the total funds

Page 2 of 20 ends

needed to be utilized from the grant…”; and
H. WHEREAS, the DISTRICT and the GRANTEE now intend to enter into this Agreement in order for them to each continue to fund 50% the Program for Year 3 of the Program, with the DISTRICT’s share not to exceed three hundred eighty-four thousand nine hundred eighty-seven U.S. dollars ($384,987.00 USD) in funding for the cost of (6) full-time Firefighter Paramedics to staff the second Paramedic Rescue Ambulance which will provide emergency response services to the residents of the DISTRICT.

ACCORDINGLY, IT IS AGREED:

III. SPECIFIC TERMS

1. PURPOSE:

2. TERM: This Agreement shall become effective as of the date of the final party

Page 3 of 20 ends

signature below and shall expire on June 30, 2024 , unless otherwise terminated as provided in this Agreement.

3. SCOPE OF GRANT SERVICES, PROGRAM OR EQUIPMENT
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.

Page 4 of 20 ends

collaborators for the GRANTEE Program or services which receive any of the Grant Funds.

9. EVALUATION/OUTCOMES REPORTING:

Page 5 of 20 ends

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.

11. ATTRIBUTION: GRANTEE agrees to comply with the 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

Page 6 of 20 ends

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 announcements 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.

IV. GENERAL TERMS

15. COMPLIANCE WITH LAW: GRANTEE shall undertake all activity

Page 7 of 20 ends

required hereunder in accordance with all applicable federal, state and local laws, regulations and directives including, without limitation and as applicable, 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.

Page 8 of 20 ends

occur if the public officer, employee or consultant/GRANTEE participates in or influences any DISTRICT decision which has the potential to confer any pecuniary benefit on GRANTEE or any business firm in which GRANTEE has an interest, 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.

Page 9 of 20 ends

(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;
(5) materially breach this Agreement;
(6) material misrepresentation, either by GRANTEE or anyone acting on GRANTEE’s behalf, 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) Non-Government Entities: 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.

Page 10 of 20 ends

DISTRICT: With A Copy To:

Board Chairman

KINGSBURG TRI-COUNTY

HEALTH CARE DISTRICT
1425 Marion Street
Kingsburg, California 93631
559-419-0011
559-897-8645 fax
Moses Diaz, Esq., District General Counsel

PUBLIC INTEREST LAW FIRM
A Professional Corporation
2924 West Main Street
Visalia, California 93291
559-900-3500
559-900-3555 fax
GRANTEE:

CITY OF KINGSBURG
Alex Henderson, City Manager
1401 Draper Street
Kingsburg, California 93631
559-897-5821
559-897-5568 fax
With a Copy To:

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

Page 11 of 20 ends

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

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.

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

Page 12 of 20 ends

THE PARTIES, having read and considered the above provisions, indicate their agreement by their authorized signatures below.
//
//
[SIGNATURES ON NEXT PAGE]
//

Page 13 of 20 ends

GRANTEE:
__________________________________
Vince Palomar, Mayor (date)
APPROVED AS TO FORM:
_________________________________
City Attorney or Deputy (date)
__________________________________
________________ (date)
ATTEST:
__________________________________
Abigail Palsgaard, City Clerk (date)
DISTRICT:
__________________________________
Todd Thompson, Board Chairman (date)
APPROVED AS TO FORM:
_________________________________
Moses Diaz, General Counsel (date)
__________________________________
________________ (date)
ATTEST:
__________________________________
Shereme Watson, (date)
Deputy Board Secretary

Page 14 of 20 ends

EXHIBIT A

HEALTH SERVICE, PROGRAM OR

EQUIPMENT TO BE GRANT FUNDED
The GRANTEE shall furnish the following services or program, and/or if the grant is for equipment, then GRANTEE shall purchase and install the following equipment to be used, for health services or programs:

HEALTH SERVICE, PROGRAM AND

EQUIPMENT
(include make, model, etc.)
DATE
COST
Not to Exceed

1. Emergency Ambulance Services:

GRANTEE employment of at least six
(6) FTE ambulance paramedics /
Emergency Medical Services support
staff, for staffing at least two (2)
licensed/certified paramedics for
emergency ambulance response twentyfour (24) hours each day of the fiscal year. This includes all roll-up costs and
certification expenses, as outlined within
the original grant application dated
4/28/2023.

FY2023-24 $384,987.00
TOTAL $384,987.00
//

Page 15 of 20 ends

EXHIBIT B

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

DATE PURPOSE AMOUNT
1 Within 30
days after
grant
agreement is
fully signed.

Quarterly lump sum payment for qualifying items
specified within EXHIBIT A. Alternatively, during
the term of this Agreement, GRANTEE may elect
to pay for said items and then subsequently request
reimbursement, in writing, within 180 days after
paying for said items.

Up to
$96,246.75
2 On or after
10/15/2023
Quarterly lump sum payment for qualifying items
specified within EXHIBIT A. Alternatively, during
the term of this Agreement, GRANTEE may elect
to pay for said items and then subsequently request
reimbursement, in writing, within 180 days after
paying for said items.

Up to
$96,246.75
3 On or after
1/15/2024
Quarterly lump sum payment for qualifying items
specified within EXHIBIT A. Alternatively, during
the term of this Agreement, GRANTEE may elect
to pay for said items and then subsequently request
reimbursement, in writing, within 180 days after
paying for said items.

Up to
$96,246.75
4 On or after
4/15/2024
Quarterly lump sum payment for qualifying items
specified within EXHIBIT A. Alternatively, during
the term of this Agreement, GRANTEE may elect
to pay for said items and then subsequently request
reimbursement, in writing, within 180 days after
paying for said items.

Up to
$96,246.75
Use and disbursal of Grant Funds is contingent upon GRANTEE using its best efforts at recruiting, hiring and retaining at least six (6) FTE / Emergency Medical Services (EMS) support staff which are appropriately licensed/certified, subject to normal and unanticipated vacancies, and GRANTEE’s quarterly written accounting and verification to DISTRICT of all offsetting GRANTEE revenues for services rendered with personnel funded by the Grant Funds. GRANTEE’s quarterly written reports must report the number of capture service calls which exceed FY2022-23 levels and compare revenues received by GRANTEE due to increased staff funded by DISTRICT.

Page 16 of 20 ends

GRANTEE must match each DISTRICT dollar utilized from the Grant Funds and any unencumbered Grant Funds remaining after the close of FY2023- 24 must not thereafter be obligated by the GRANTEE and shall be held in trust for the DISTRICT until the DISTRICT decides on an appropriate the disposition of the remaining Grant Funds. Such remaining Grant Funds shall either be credited toward a new DISTRICT grant award to GRANTEE for the same purpose as the instant grant (if any) or returned to the DISTRICT, at the sole discretion and election of the DISTRICT.

GRANTEE shall not utilize any portion of the Grant Funds to provide retroactive compensation, award bonus compensation, or provide any unusual, uncommon, uncustomary or unlawful reimbursement or payment to personnel, particularly if (but not necessarily) during the second half of the fiscal year if a surplus or unexpended portion of the Grant Funds is anticipated or projected. The parties agree that the Grant Funds shall be deemed to already account for and include hazard and other extraordinary compensation adjustments. //
//

Page 17 of 20 ends

EXHIBIT C

GRANT ATTRIBUTION REQUIREMENTS

Page 18 of 20 ends

Page 19 of 20 ends

EXHIBIT D

A. Minimum Scope & Limits of Insurance

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 chief executive officer).

See chief executive officer for construction over $250,000.

B. Specific Provisions of the Certificate

Page 20 of 20 ends

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

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

Page 1 of 20 ends

II. RECITALS
A. WHEREAS, the DISTRICT is a California local health care district organized and existing pursuant to Health and Safety Code §§ 32000 et seq.; B. WHEREAS, the GRANTEE is municipal corporation organized and existing under a voter-approved charter pursuant to Article 11, § 3, of the California Constitution;
C. WHEREAS, the GRANTEE operates a full-time fire department which provides emergency medical services and training and desires to implement a portion of its health and wellness program within the DISTRICT; 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 funding electrocardiographic (“EKG”) heart monitors, mandatory State-wide reporting software, staff training on new equipment/software and ongoing maintenance for five (5) years (collectively “Program”), is necessary for the Kingsburg Fire Department and for the paramedic staff’s ability to treat residents of the DISTRICT during a cardiacrelated service call, and has approved a grant to the GRANTEE in the total approximate amount of one hundred eighty thousand U.S. dollars ($180,000.00 USD), plus applicable taxes, freight and related surcharges, 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 make available emergency medical equipment for the benefit of the public, including residents of the DISTRICT.

ACCORDINGLY, IT IS AGREED:

Page 2 of 20 ends

III. SPECIFIC TERMS

1. PURPOSE:

2. TERM: This Agreement shall become effective as of the date of the final party signature below and shall expire on June 30, 2024 , unless otherwise terminated as provided in this Agreement.

3. SCOPE OF GRANT SERVICES, PROGRAM OR EQUIPMENT
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 COMMITMENT: Unless otherwise approved by the DISTRICT’s

Page 3 of 20 ends

Board, this Grant shall be a one‐time grant by the DISTRICT, and is nonrenewable. 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 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.

9. EVALUATION/OUTCOMES REPORTING:

GRANTEE must submit to DISTRICT interim reports and a final report,

Page 4 of 20 ends

including narrative information and full financial accounting of the expenditure of all of the Grant Funds, according to the report schedule set forth in this Agreement. All GRANTEE reports shall become the property of DISTRICT.

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.

10. WRITTEN REPORT SCHEDULE: All written interim and final reports must be submitted by GRANTEE to DISTRICT before the scheduled deadlines

Page 5 of 20 ends

Kingsburg City CouncilAugust 16, 2023

Kingsburg City Council
August 16, 2023