AGENDA
KINGSBURG CITY COUNCIL REGULAR MEETING
WEDNESDAY, SEPTEMBER 4, 2024 at 6:00pm
Meeting held in the Council Chamber, 1401 Draper Street, Kingsburg, CA 93631 (559)897-5821
www.cityofkingsburg-ca.gov
The Council Chamber is accessible to the physically disabled. Requests for additional accommodations for the disabled should be made 48 hours prior to the meeting by contacting the City Clerk at 559-897-6520.
Any document that is a public record and provided to a majority of the City Council regarding an open session item on the agenda will be made available for public inspection at City Hall, in the City Clerk's office, during normal business hours. In addition, such documents may be posted on the City's website.
Unless otherwise required by law to be accepted by the City at or prior to a Council meeting or hearing, no documents shall be accepted for Council review unless they are first submitted to the City Clerk by the close of business one day prior to said Council meeting/hearing at which the Council will consider the item to which the documents relate.
The meeting will be held in person. Public comment may be made in person or submitted in writing.
Members of the public who wish to provide written comments are encouraged to submit their comments to the City Clerk at [email protected] by the close of business one day prior to the start of the meeting to ensure that the comments will be available to the City Council. Please indicate the agenda item number to which the comment pertains. Written comments that do not specify a particular agenda item will be marked for the general public comment portion of the meeting. A copy of any written comment will be provided to the City Council at the meeting. Please note that written comments received will not be read aloud during the meeting but will be included with the meeting minutes.
Brandon Pursell, Jr., Mayor
Vince Palomar, Mayor Pro Tem Staci Smith, Council Member Laura North, Council Member David M. Silva, Council Member Invocation to be given by Pastor Dean Youngblood, Potters Church, followed by the Pledge of Allegiance led by Mayor Brandon Pursell, Jr.
CALL TO ORDER AND ROLL CALL
APPROVE AGENDA - To better accommodate members of the public or inconvenience in the order of presentation, items on the agenda may not be presented or acted upon in the order listed.
Additions to Agenda may be added only pursuant to California Government Code Section 54954.2 (b).
PRESENTATIONS AND INFORMATIONAL REPORTS
None.
PUBLIC COMMENT - Provides an opportunity for members of the public to address the City Council on items of interest to the public within the Council's jurisdiction and which are not already on the agenda this evening. It is the policy of the Council not to answer questions impromptu. Speakers should limit their comments to not more than FIVE (5) minutes. For items which are on the agenda this evening, members of the public will be provided an opportunity to address the Council as each item is brought up for discussion.
CONSENT CALENDAR - Items on the Consent Calendar are considered routine and include a recommended action from Staff and shall be acted on by one motion of the Council. If a Council member requests additional information or would like to pull an item for discussion, that item shall be pulled from the Consent Calendar and acted upon separately. A motion to approve the Consent Calendar is deemed to include a motion to waive the full reading of any ordinance or resolution on the Consent Calendar.
1. Approval of City Council Minutes: Approve the minutes from the August 21, 2024 Regular Council Meeting as prepared by City Clerk Abigail Palsgaard.
Sponsor: City Clerk’s Office
2. Check Register: Ratify/approve payment of bills listed on the check register for the period August 13, 2024 through August 26, 2024 as prepared by Accounts Payable Clerk Marsha Alves.
Sponsor: Finance Department
3. Adopt Resolution 2024-042 authorizing the Community Services Director and City Manager to execute contract(s) with FMAAA for the fiscal year beginning July 1, 2024 to June 30 2025, including any subsequent amendments and all necessary supporting documents- Staff Report prepared Community Services Director Adam Castaneda Sponsor: Community Services Department
4. Waive the second reading and adopt Ordinance 2024-04 AN ORDINANCE OF THE CITY OF KINGSBURG ADDING CHAPTER 15.10 TO TITLE 15 TO THE KINGSBURG
MUNICIPAL CODE ESTABLISHING PROCEDURES FOR EXPEDITING PERMITTING
PROCESSING FOR THE INSTALLATION OF ELECTRIC VEHICLE CHARGING SYSTEMS with the following recital constituting reading the title of the Ordinance:
“AN ORDINANCE OF THE CITY OF KINGSBURG ADDING CHAPTER 15.10 TO TITLE 15 TO THE KINGSBURG MUNICIPAL CODE ESTABLISHING PROCEDURES FOR
EXPEDITING PERMITTING PROCESSING FOR THE INSTALLATION OF ELECTRIC VEHICLE CHARGING SYSTEMS”
Staff Report prepared by Building Official AJ O’Connell Sponsor: Community Development Department
5. Community Services Commission Appointment- Accept Mayor Pursell, Jr.’s appointment of Katie Campbell-Fryatt to the Community Services Commission to a term that is set to expire November 2028.
Sponsor: City Clerk’s Office
REGULAR CALENDAR
6. Laurel Street Dog Park Improvements Update – Presentation by City Engineer Dave Peters Sponsor: City Engineer
Recommendation: Informational – no action deemed necessary.
7. City Solar Project Update – Presentation by Public Works Director Daniel Galvez Sponsor: Public Works Department
Recommendation: Informational – no action deemed necessary
8. Revenue Collection Report – FY 23-24 – Presentation by City Manager Alexander Henderson
Sponsor: City Manager’s Office
Recommendation: Informational – no action deemed necessary
9. City Council Compensation– Presentation by Assistant City Manager Christina Windover Sponsor: Assistant City Manager’s Office
Recommendation: Staff direction
10. 2024 Water Rate Study Request for Proposals – Presentation by Public Works Director Daniel Galvez
Sponsor: Public Works Department
Recommendation: Approve
FUTURE AGENDA ITEMS
Council requests for future agenda items. Items require a consensus.
CITY MANAGER’S REPORT
Updates and/or reports by the City Manager.
COUNCIL REPORTS/COUNCIL COMMITTEE REPORTS
Brief report by Council members on City related functions as authorized by the Brown Act.
ADJOURN REGULAR KINGSBURG CITY COUNCIL MEETING
Title VI of the Civil Rights Act of 1964 provides that no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.
I hereby certify, under penalty of perjury under the laws of the State of California that the foregoing Agenda was posted at the front entrance of City Hall not less than 72 hours prior to the meeting. Dated this 30th day of August 2024.
____________________________________
Abigail Palsgaard, City Clerk
KINGSBURG CITY COUNCIL
REGULAR MEETING Minutes
AUGUST 21, 2024
1401 Draper Street, Kingsburg, CA 93631
Invocation was given by Pastor Mark Thompson, Kingsburg First Baptist Church, followed by the Pledge of Allegiance led by Mayor Brandon Pursell, Jr.
CALL TO ORDER AND ROLL CALL: Mayor Pursell, Jr. called the regular meeting of the Kingsburg City Council to order at 6:01 PM.
Council Members Present: David Silva, Vince Palomar, Laura North, Staci Smith and Mayor Brandon Pursell Jr.
APPROVE AGENDA – A motion was made by Council Member North, seconded by Council Member Palomar, to approve the agenda, as published. The motion carried by a unanimous voice vote.
PRESENTATIONS AND INFORMATIONAL REPORTS
Swearing In and Badge Pinning of Fire Department Personnel – Presentation by Fire Chief John Binaski
Badge Pinning of Police Department Personnel – Presentation by Police Chief Neil Dadian Introduced Sergeant Derrick Gagon and Lieutenant Jose Salinas.
Golden State Blvd. Highway Construction Update – Presentation by Terry Ogle, Executive Director of the Fresno County Transportation Authority.
Mr. Ogle gave an update regarding the Golden State Boulevard Corridor project. He gave an overview of the project, updated council on the project timeline, and what the pathways forward are. Highlighting various spots were taken out of the project due to different challenges and difficulty in dealing with the Union Pacific Railroad to get the necessary agreements to do the work. It was decided to pull these projects in May 2022 to allow the project to move forward.
Mr. Ogle discussed where the project stands right now. He detailed what the project timeline moving forward looks like, as of March of 2024.
Council Member North asked about phase 2 of the project. She wanted to make sure all the intersections were not being closed at the same time.
Council Member Silva asked about phase 3 and what lies ahead for the green portion of the map.
Mr. Ogle answered that Union Pacific Railroad will reform the work; but what is in red and green will not be done simultaneously. Council Member Palomar commented on the frustration this project has been for residents that these intersections have not been paved yet. Good news that is moving forward. Council Member Smith asked if there are plans to reconstruct these areas? Mr.
Ogle answered nothing has changed from the previous plan of reconstruction. Mayor Pursell Jr. asked about Bethel and Golden State’s repaving the city did it. We are frustrated that it is costing us money, we have an obligation to make our streets safe. Mayor Pursell Jr. stated the project at the intersection is a multimillion-dollar project, does Measure C have the money to complete the project? Mr. Ogle said, short answer is yes, there is money set aside. Mayor Pursell Jr. asked if it is going to be north to south, or south to north? Mr. Ogle said whichever jurisdiction gets them all approved by UPRR will be the first one to get the work.
Mr. Ogle also presented Measure C and reviewed regional projects that have been completed in Kingsburg.
PUBLIC COMMENT – None.
CONSENT CALENDAR: A motion was made by Council Member Smith, seconded by Council Member Palomar, to approve the items appearing on the Consent Calendar. The motion carried by a unanimous voice vote.
1. Approval of City Council Minutes: Approve the minutes from the August 7, 2024, Regular Council Meeting and the August 8, 2024, Joint Workshop Meeting as prepared by City Clerk Abigail Palsgaard.
Sponsor: City Clerk’s Office
2. Check Register: Ratify/approve payment of bills listed on the check register for the period July 30, 2024, through August 12, 2024, as prepared by Accounts Payable Clerk Marsha Alves.
Sponsor: Finance Department
3. Approve an automatic aid agreement between the City of Kingsburg and City of Selma Fire Departments. - Staff Report prepared by Fire Chief John Binaski Sponsor: Fire Department
4. Waive the first reading and Introduce Ordinance 2024-04 AN ORDINANCE OF THE CITY OF KINGSBURG ADDING CHAPTER 15.10 TO TITLE 15 TO THE KINGSBURG
MUNICIPAL CODE ESTABLISHING PROCEDURES FOR EXPEDITING PERMITTING
PROCESSING FOR THE INSTALLATION OF ELECTRIC VEHICLE CHARGING SYSTEMS and pass the Ordinance to a second reading and adoption at the City Council meeting on October 2, 2024, with the following recital constituting reading the title of the Ordinance:
“AN ORDINANCE OF THE CITY OF KINGSBURG ADDING CHAPTER 15.10 TO TITLE 15 TO THE KINGSBURG MUNICIPAL CODE ESTABLISHING PROCEDURES FOR
EXPEDITING PERMITTING PROCESSING FOR THE INSTALLATION OF ELECTRIC VEHICLE CHARGING SYSTEMS”
Staff Report prepared by Building Official AJ O’Connell Sponsor: Community Development Department
5. Approve of a new lease agreement with UnWired Broadband, Inc., as prepared by the City Attorney. - Staff Report by City Manager Alexander Henderson.
Sponsor: City Manager’s Office
REGULAR CALENDAR
Code Enforcement Update – Presentation by Building Official AJ O’Connell Sponsor: Community Development Department
In Q1 and Q2 of the 2024 Calendar Year, the Code Enforcement division engaged in robust and extensive enforcement actions throughout the community. O’Connell gave a summary of key data points that highlighted different code enforcement statistics such as utilization of Report a Concern, property maintenance issues, different administrative citations that were issued, and the success rate of closing submitted cases.
Kingsburg Health Care Grant – Fire Department – Presentation by Fire Chief John Binaski Sponsor: Fire Department
At the last Kingsburg Healthcare District meeting, Kingsburg Fire Department was given approval for reimbursement costs regarding employee costs in the amount of $405,000. With this grant of $405,000 per year for 3 years, it helps make the ambulance enterprise fund solvent. The Fire Department will report every six months to the district and request reimbursement. This grant helps with employee retention also.
Council Member Silva thanked Chief for seeing it through, and for presenting a clear program, showing them the value of this since we no longer have a hospital as it benefits the community.
A motion was made by Council Member Silva, seconded by Council Member North, to authorize the acceptance of the Kingsburg Healthcare District funding for the reimbursement of the employee costs for three firefighter/paramedics in the amount of $405,000 per year for three years. The motion carried by a unanimous voice vote.
November 5, 2024, City Council Election Cancelation – Presentation by City Clerk Abigail Palsgaard
Sponsor: City Clerk’s Office
Election law allows cities to forgo the expensive election process for Council seats where a candidate is running unopposed, and therefore, is guaranteed to be the successful candidate upon completion of the election. These candidates may be appointed to their Council seats. As of the close of the nomination period for City Council candidates on August 9, 2024 (88 days before the election), there is only one candidate running for office in District 2 for the November 5, 2024, General Municipal Election. Staff are recommending that the City Council appoint Laura North to the position of Council Member District 2 which she is currently the incumbent. And Brandon Pursell to the position of Council Member District 3 which he is currently the incumbent. A notice was published in the Fresno Business Journal and posted in front of City Hall on August 14, 2024. There will be savings to the City in election cost if the nominee is not included on the ballot.
A motion was made by Council Member Silva, seconded by Council Member Palomar to Adopt Resolution 2024-040 Appointing Laura North to the office of Kingsburg City Council Member, District 2 of this City, who was to be elected on Tuesday, November 5, 2024. The motion carried by a unanimous voice vote.
A motion was made by Council Member North, seconded by Council Member Smith to Adopt Resolution 2024-041 Appointing Brandon Pursell to the office of Kingsburg City Council Member, District 3 of this City, who was to be elected on Tuesday, November 5, 2024. The motion carried by a unanimous voice vote.
Highway Safety Improvement Program Grant Application Candidate Project – Presentation by City Engineer Dave Peters
Sponsor: City Engineer’s Office
The Highway Safety Improvement Program (HSIP) is one of the core federal-aid programs for funding transportation improvement projects. The purpose of the HSIP program is to achieve a significant reduction in traffic fatalities and serious injuries on all public roads, including nonState-owned public roads and roads on tribal land.
Based on previous council discussions, Kern Street/10th Avenue is the most viable candidate for the HSIP project. For this location, the following improvements are being considered traffic signal installation, roundabout/traffic circle, or installing safety devices such as LED enhance stop signs, safety lighting, warning signs, and enhance visibility stripping. Staff will develop these possible countermeasures more fully during the application preparation process. The countermeasure that provides the best benefit to cost ratio will be included in the application.
Council discussed the logistics and viability of each improvement. Engineer Peters will be looking into each concern and follow up with council.
City Manager Henderson would like council’s direction that this is the intersection council is comfortable with, and that Engineer Peters chooses the option that is the most competitive.
Mayor Pursell Jr. said the four way stop is the safest. He asked why is this coming so late? Engineer Peters explained grant applications come with a short fuse, and we were working on the local street safety. City Manager Hendersson said it is a fine balance. Council Member North added we would like not just the most competitive, but the safest.
FUTURE AGENDA ITEMS: None.
COUNCIL REPORTS/COUNCIL COMMITTEE REPORTS
Brief report by Council members on City-related functions as authorized by the Brown Act.
Council Member Silva said the Economic Development Committee is scheduled to meet September 5, 2024. He also attended Kingsburg Healthcare District meeting where they approved the fire grant as presented. The police grant and the seniors inc meal program were also funded. Lori Sanders reported that she is no longer interested in running, although she will be on the ballot.
Council Member Palomar said the Public Safety Committee met last Monday, August 12, 2024, and discussed allocating the funds. Planning commission had the joint workshop. BID had a special meeting to accept a grant from Mid Valley for $40,000 for downtown trash cans, Chamber will be meeting next month.
Council Member Smith discussed Finance Committee’s meeting where they discussed RFPs for water rate and space needs, city hall lease, and city council compensation. Community Service Commission meets next week.
Mayor Pursell Jr. said COG is dark this month, Measure C is always the topic.
CITY MANAGER’S REPORT
Gave a project update on Draper, communicating the stages with the chamber and the BID. Park projects are on their way. Third grade presentations will be held in the Chamber next week.
Mayor Pursell Jr. adjourned the Regular Kingsburg City Council Meeting into Closed Session at 7:40 PM.
CALIFORNIA GOVERNMENT CODE SECTION 54956.8
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Property: APN:394-042-04
City Negotiator: Alexander Henderson
Negotiating party: Matoian
Under negotiation: Division of property”
Mayor Pursell Jr. adjourned out of Close Session into Regular Kingsburg City Council Meeting at 8:42 PM.
Attorney Michael Noland – Nothing to report.
Mayor Pursell Jr. adjourned the Regular Kingsburg City Council Meeting at 8:43 PM. ____________________________________
Abigail Palsgaard, City Clerk
Accounts Payable
User:
Printed:
marshaa
8/28/2024 2:52 PM
Checks by Date - Detail by Check Date
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
ACH 4789 US BANKCORP SERVICE CENTER 08/16/2024
Beasley 8/2/24 PW Gatorade Heat IPP 73.90
Castneda 8/2/24 Comm Services Vehicle Fuel 44.42
Castneda 8/2/24 Pool Concessions Insta Cart 614.24
Castneda 8/2/24 Pool concessions Instacart 298.89
Castneda 8/2/24 Senior Center Supplies Amazon 92.61
Clark 8/2/24 J's Taco Shop- dinner shift- working fire 95.41 Colado 8/2/2024 Staples: Finance Supplies 132.16
Colado 8/2/2024 Amazon:Finance Supplies 9.26
Colado 8/2/2024 Supplies: J. Alvarez File Cabinet 6.80
Colado 8/2/2024 Staples: Finance Supplies 36.14
Colado 8/2/2024 Staples: Finance Supplies 132.17
Colado 8/2/2024 Staples: Finance Supplies 36.15
Colado 8/2/2024 Supplies: J. Alvarez File Cabinet 6.80
Colado 8/2/2024 Amazon:Finance Supplies 9.25
Dadian 8/2/24 Michael's- Frames for Dept Pics 181.96
Dadian 8/2/24 Chevron- Carwash/clean 45.00
Galvez 8/2/24 Memorial Park-Chlorine Tabs 168.14
Galvez 8/2/24 Irrigation Timer/trimer heads 723.20
Galvez 8/2/24 Downtown Flags 603.15
Galvez 8/2/24 Downtown Flags-Supplies 70.80
Galvez 8/2/24 Google TV 72.99
Hrnandz 8/2/24 Costco-dept supplies-coffee,oil 118.80
Hrnandz 8/2/24 Career source- July membership Ro 19.00
Hrnandz 8/2/24 SaveMart-pasteries hosted community task force mtg 36.14 Hrnandz 8/2/24 Print Theory-laser etching bottles 91.54 Hrnandz 8/2/24 USPS-additional postage needed large envelope 6.62 Owen 8/2/24 Amazon-Plotter Ink 485.97
Owen 8/2/24 Amazon-Return Copier Ink -468.58
Ploszaj 8/2/24 CPOA/ Membership renewal x5 reserve Officers 625.00 Ploszaj 8/2/24 CCWC-Gonzales,Ruiz Colegio,Padilla 560.00 Ploszaj 8/2/24 VistaPrint Buisness Cards (Padavick,Salinas) 93.69 Ploszaj 8/2/24 VistaPrint Buisness Cards (Sgt. Gagnon) 46.85 Ploszaj 8/2/24 RECONYX (Invoice#1349216) 21.80
Plsgaard 8/2/24 CCAC 8/23/24 Training 100.00
Plsgaard 8/2/24 Gas Admin Car 52.22
Plsgaard 8/2/24 CCAC Annual Membership 250.00
Plsgaard 8/2/24 Admin Car Wash 14.00
Windover 8/2/24 SRHM-Membership Dues 264.00
Windover 8/2/24 Zoom Subscription 149.90
Total for this ACH Check for Vendor 4789: 5,920.39
86055 4917 AFTERMATH HOLDING CORPORATION08/16/2024
JC2024-1041 Bio-Hazardous Cleaning/CN29-1159 Gong Patrol Car 400.00 Total for Check Number 86055: 400.00
86056 3006 AIRGAS NCN 08/16/2024
AP Checks by Date - Detail by Check Date (8/28/2024 2:52 PM) Page 1 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
5510013007 Oxygen : 7/31/2024 1,100.71
9152177353 Oxygen : 7/23/24 194.23
9152331451 Oxygen : 7/31/2024 309.70
Total for Check Number 86056: 1,604.64
86057 3007 ALERT-O-LITE, INC. 08/16/2024
0160431 PW Tar pads for k-markers 161.17
Total for Check Number 86057: 161.17
86058 4712 ALLIANCE ENVIROMENTAL GROUP 08/16/2024
6/22/24 INV#6/22/24 Lead and Asbestors Service - CH 11,764.52 Total for Check Number 86058: 11,764.52
86059 4098 JENNIFER ALVAREZ 08/16/2024
9032024 Per Diem- WLLE Training Symposium 9/3-9/6 223.00 Total for Check Number 86059: 223.00
86060 3565 AMAZON CAPITAL SERVICES 08/16/2024
1NTG-P1TG-7HTP HANGERS FOR PPE GEAR 65.06
1PM1-YRR6-LQ9X DEPT SUPPLIES- TPAPER- DISH SOAP 248.11
1QC1-D9L1-77HL SELF INK RUBBER STAMPS 44.10
1WRJ-LJX7-7RJK POWER STRIP 2 DRAWER FILE CABINET 190.53 1XVL-TGC6-6CD6 DEPT SUPPLIES- TPAPER- DISH SOAP 275.91
Total for Check Number 86060: 823.71
86061 4545 AMAZON.COM SALES, INC. 08/16/2024
1JXN-WVTP-DFDN DURACELL 3V LITHIUM BATTERIES 94.50
1M13-TJ3R-6DYY WATERPROOF IPHONE 14 CASE STEPHENS 28.32 Total for Check Number 86061: 122.82
86062 4307 AT & T MOBILITY 08/16/2024
287290402185x08 SRO E MDT 40.24
287290402185x08 GF MDT 764.59
287290402185x08 ME MDT 201.20
287290402185x08 SRO H ACT 40.24
287290402185x08 GF ACT 80.48
287299577602x08 GF Cell 976.67
287299577602x08 SRO E Cell 45.05
287299577602x08 SRO H Cell 45.05
287299577602x08 ACT Cell 45.05
287299577602x08 ME Cell 230.29
Total for Check Number 86062: 2,468.86
86063 3029 AT&T CALNET 3 08/16/2024
22083885 Calnet Ban #9391065246 (Fresno County Line) 1,193.11 22091324 MN Phone Svc Charges 7/2/24-8/1/24 897-6558 37.40 22091326 MN Phone Svc Charges 7/2/24-8/1/24 897-2265 39.88 22091326 MN Phone Svc Charges 7/2/24-8/1/24 897-6561 37.73 22091326 MN Phone Svc Charges 7/2/24-8/1/24 897-8942 28.98 Total for Check Number 86063: 1,337.10
86064 3300 AVENU INSIGHTS & ANALYTICS 08/16/2024
INV06-019223 SUTA-Services for the tax quarter ending March 31, 2024 15,799.39 AP Checks by Date - Detail by Check Date (8/28/2024 2:52 PM) Page 2 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Total for Check Number 86064: 15,799.39
86065 4875 08/16/2024
85432495 229.27
85437483 63.59
Total for Check Number 86065: 292.86
86066 4456 08/16/2024
9032024 223.00
Total for Check Number 86066: 223.00
86067 3056 08/16/2024
0462303 35.00
0462303 15.00
0462303 35.00
0462303 168.50
0462303 35.00
0462303 95.00
0462303 35.00
0462303
BOUND TREE MEDICAL LLC
Medical Supplies 7/29/24
Medical Supplies 8/01/24
CORINA BURROLA
Per Diem- WLLE Training Symposium 9/3-9/6
CAL STATE TERMITE AND PEST
Amb Pest Control 7/18/24
Pool Rodent Pest Control 7/18/24
Police Pest Control 7/18/24
City Buildings Pest Control 7/18/24
Senior Center Pest Control 7/18/24
Memorial Downtown Pest Control 7/18/24
Fire Pest Control 7/18/24
Pool Pest Control 7/18/24 56.50
Total for Check Number 86067: 475.00
86068 3057 CALIFORNIA BUILDING STANDARDS 08/16/2024
08/07/2024 Building Standards Fee 10/1/22-6/30/24 3,024.00 Total for Check Number 86068: 3,024.00
86069 4952 CAL-OSHA PENALTIES 08/16/2024
Aug 1, 2024 City of Kingsburg Citation/Resolution Inspection #1647073 1,350.00 Total for Check Number 86069: 1,350.00
86070 4429 CANON FINANCIAL SERVICES, INC 08/16/2024
34259143 Copier Contract Building July 2024 224.93
34259143 Copier Meter Usage Building July 2024 145.75
34259144 Senior Center Printer July 2024 143.82
34501861 City Hall Copier Contract July 2024 216.08
34501861 City Hall Copier Contract July 2024 216.08
Total for Check Number 86070: 946.66
86071 4861 CCLS, INC 08/16/2024
22744 Inv#22744 Landscape Kings Estates Park and Basin August 1,110.00 22744 INV#22744 - Landscape August VETS Park 980.00
Total for Check Number 86071: 2,090.00
86072 4159 CENTRAL VALLEY FORENSIC NURSING SPECIALIST 08/16/2024 1714 Victim Exam (24-1183) 1,000.00
Total for Check Number 86072: 1,000.00
86073 3080 CHADS AUTO GLASS 08/16/2024
100278 Repair cracked windshield F250 BC140 357.32
Total for Check Number 86073: 357.32
86074 3918 CINTAS 08/16/2024
AP Checks by Date - Detail by Check Date (8/28/2024 2:52 PM) Page 3 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
July 2024 Uniforms-MN Public Works 7/1/24-7/31/24 799.18 July 2024 Uniforms-MN Public Works 7/1/24-7/31/24 168.56 July 2024 Uniforms-MN Public Works 7/1/24-7/31/24 593.35 July 2024 Uniforms-MN Public Works 7/1/24-7/31/24 88.66 July 2024 Uniforms-MN Public Works 7/1/24-7/31/24 78.90 Total for Check Number 86074: 1,728.65
86075 3859 FINANCE DEPARTMENT CITY OF SANGER08/16/2024
2024-03 FY 24-25 SKGSA Operating Budget Contribution 581,600.00 Total for Check Number 86075: 581,600.00
86076 3859 FINANCE DEPARTMENT CITY OF SANGER08/16/2024
2024-03 FY 24-25 SKGSA Operating Budget Contribution 83,124.00 Total for Check Number 86076: 83,124.00
86077 3607 CIVICPLUS 08/16/2024
311920 Annual Online Code Hosting fee 900.00
Total for Check Number 86077: 900.00
86078 3822 ALMA COLADO 08/16/2024
08/15/2024 CalPers conference. Per diem 8/25-8/27/24 203.50 Total for Check Number 86078: 203.50
86079 4082 JENNIFER COLEGIO 08/16/2024
9032024 Per Diem- WLLE Training Symposium 9/3-9/6 223.00 Total for Check Number 86079: 223.00
86080 3119 COOK'S COMMUNICATIONS CORP. 08/16/2024
157895 4 battery's for harris radios 507.08
157994 corrected loose power cable unit #KI2039 (Arevalo) 80.00 158057 Replacement battery's for Harris radio 515.75
CR#82560 Credit 4 battery's for harris radios wrong y -507.08 Total for Check Number 86080: 595.75
86081 3137 NEIL DADIAN 08/16/2024
942024 Per Diem- Fresno.Madera Counties Police Chief's Association 259.00 Total for Check Number 86081: 259.00
86082 5002 DATA TICKET, INC 08/16/2024
169038 Citation Processing services (July) 205.04
Total for Check Number 86082: 205.04
86083 4229 EBA&M CORPORATION 08/16/2024
Aug 2024 Monthly Premium for Medical Cards 8/1/24-8/31/24 40.00 Aug 2024 Monthly Premium for Medical Cards 8/1/24-8/31/24 60.00 Aug 2024 Monthly Premium for Medical Cards 8/1/24-8/31/24 123.20 Aug 2024 Monthly Premium for Medical Cards 8/1/24-8/31/24 100.00 Aug 2024 Monthly Premium for Medical Cards 8/1/24-8/31/24 68.00 Aug 2024 Monthly Premium for Medical Cards 8/1/24-8/31/24 40.00 Aug 2024 Monthly Premium for Medical Cards 8/1/24-8/31/24 13.60 Aug 2024 Monthly Premium for Medical Cards 8/1/24-8/31/24 146.80 Aug 2024 Monthly Premium for Medical Cards 8/1/24-8/31/24 30.00 Aug 2024 Monthly Premium for Medical Cards 8/1/24-8/31/24 520.00 AP Checks by Date - Detail by Check Date (8/28/2024 2:52 PM) Page 4 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Aug 2024 Monthly Premium for Medical Cards 8/1/24-8/31/24 51.20 Aug 2024 Monthly Premium for Medical Cards 8/1/24-8/31/24 292.40 Aug 2024 Monthly Premium for Medical Cards 8/1/24-8/31/24 10.00 Aug 2024 Monthly Premium for Medical Cards 8/1/24-8/31/24 40.00 Aug 2024 Monthly Premium for Medical Cards 8/1/24-8/31/24 30.00 Aug 2024 Monthly Premium for Medical Cards 8/1/24-8/31/24 92.00 Aug 2024 Monthly Premium for Medical Cards 8/1/24-8/31/24 109.60 Aug 2024 Monthly Premium for Medical Cards 8/1/24-8/31/24 366.80 Aug 2024 Monthly Premium for Medical Cards 8/1/24-8/31/24 176.40 Total for Check Number 86083: 2,310.00
86084 4615 EMERALD TEXTILES SERVICES 08/16/2024
EFRE-00168938 Linen Services 7/21-7/27 317.58
Total for Check Number 86084: 317.58
86085 5016 ESRI 08/16/2024
94766369 ESRI GIS 7/18/24 765.00
Total for Check Number 86085: 765.00
86086 3163 EXCELLANCE, INC. 08/16/2024
2026AMB Type I EHD Ambulance body/Freightliner M2 plus cab/Chassis 100,000.00 Total for Check Number 86086: 100,000.00
86087 3188 FRESNO COUNTY SHERIFF 08/16/2024
SO21941 Dispatch contract services Aug/RMS/JMS (Aug) 17,678.67 Total for Check Number 86087: 17,678.67
86088 3206 GLACIER REFRIGERATION AND AIR 08/16/2024
55070 Senior Center freezer repair. April 2024 1,166.99 55594 Senior Center Fridge repari April 2024 Invoice 55594 2,318.03 Total for Check Number 86088: 3,485.02
86089 4569 JORDAN GONG 08/16/2024
01132024 Building Search for Patrol (Fresno) 9/6 17.00
Total for Check Number 86089: 17.00
86090 3219 HEALTHWISE SERVICES 08/16/2024
185138 Kiosk Lease Fee Pharm -Manifest #1522191 7/12/24 177.29 Total for Check Number 86090: 177.29
86091 5020 HEMSLOJD INC 08/16/2024
139651 Large Dala Horse w Custom Design 5,500.00
Total for Check Number 86091: 5,500.00
86092 3222 HENRY SCHEIN, INC. 08/16/2024
99004260 Medical Supplies 7/22/24 46.15
99310335 Medical Supplies 7/24/24 342.20
99767756 Medical Supplies 8/01/24 277.47
Total for Check Number 86092: 665.82
86093 4830 JC LAND MANAGEMENT INC 08/16/2024
1690 Landscape Services - May 2024 7,148.11
AP Checks by Date - Detail by Check Date (8/28/2024 2:52 PM) Page 5 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Total for Check Number 86093: 7,148.11
86094 4826 CHRISTIAN JIMENEZ 08/16/2024
Perdiem Building Search for Patrol (Fresno) 9/6 17.00
Perdiem Behavioral Threat Assesment (Bakersfield) 9/9/24 16.00 Total for Check Number 86094: 33.00
86096 3244 JORGENSEN & CO. 08/16/2024
6142375 Semi anuual service to hood system 207.25
Total for Check Number 86096: 207.25
86097 3248 KAHN, SOARES & CONWAY, LLP 08/16/2024
16019 Professional Services-Mojica Pitchess Motion 282.62 16019 Professional Services-Mojica Pitchess Motion 3,431.88 16019 Professional Services-Mojica Pitchess Motion 323.00 16027 Professional Services-June 2024 6,375.00
16027 Professional Services-June 2024 525.00
16027 Professional Services-June 2024 600.00
17202 Professional Services July 2024 525.00
17202 Professional Services July 2024 600.00
17202 Professional Services July 2024 6,375.00
Total for Check Number 86097: 19,037.50
86098 3249 KAISER FOUNDATION HEALTH PLAN INC08/16/2024
Sept 2024 Med Ins. Premium- Sept 2024 4,882.10
Total for Check Number 86098: 4,882.10
86099 3686 KINGSBURG AUTO CARE 08/16/2024
18363 Replace Blower Motor PD #1734 214.85
18380 Replace front axles on PD 2030 1,045.74
18412 Replace Lower Control Arm 440.44
Total for Check Number 86099: 1,701.03
86100 3254 KINGSBURG CHEVRON 08/16/2024
9263 July 2024 SRO E Car washes 10.00
9263 July 2024 SRO H Car washes 5.00
9263 July 2024 ME Car washes 50.00
9263 July 2024 GF Car washes 220.00
Total for Check Number 86100: 285.00
86101 4648 KINGSBURG EXPRESS LUBE INC. 08/16/2024
58271 Lube, oil and filter PD #1631 81.62
58445 Lube, oil and filter PD #1736 81.62
58470 Lube, oil and filter PD #2030 81.62
58471 Lube, oil and filter PD #1628 81.62
858473 Lube, oil and filter PD #2138 81.62
Total for Check Number 86101: 408.10
86102 3625 KINGSBURG MEDIA FOUNDATION 08/16/2024
CWM11879 Service Agreement Aug 2024 130.77
CWM11879 Service Agreement Aug 2024 69.55
CWM11879 Service Agreement Aug 2024 115.00
CWM11879 Service Agreement Aug 2024 94.09
CWM11879 Service Agreement Aug 2024 663.16
AP Checks by Date - Detail by Check Date (8/28/2024 2:52 PM) Page 6 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
CWM11879 Service Agreement Aug 2024 115.00
CWM11879 Service Agreement Aug 2024 115.00
CWM11879 Service Agreement Aug 2024 400.00
CWM11879 Service Agreement Aug 2024 747.24
CWM11879 Service Agreement Aug 2024 208.33
CWM11879 Service Agreement Aug 2024 325.00
CWM11879 Service Agreement Aug 2024 520.33
CWM11879 Service Agreement Aug 2024 75.00
CWM11879 Service Agreement Aug 2024 147.20
CWM11879 Service Agreement Aug 2024 13.91
CWM11879 Service Agreement Aug 2024 270.08
CWM11879 Service Agreement Aug 2024 298.10
CWM11879 Service Agreement Aug 2024 899.04
CWM11879 Service Agreement Aug 2024 165.79
CWM11879 Service Agreement Aug 2024 27.41
CWM11907 Phones Aug 2024 48.50
CWM11907 Phones Aug 2024 23.00
CWM11907 Phones Aug 2024 29.06
CWM11907 Phones Aug 2024 17.00
CWM11907 Phones Aug 2024 6.70
CWM11907 Phones Aug 2024 112.50
CWM11907 Phones Aug 2024 125.94
CWM11907 Phones Aug 2024 114.81
CWM11907 Phones Aug 2024 3.40
CWM11907 Phones Aug 2024 48.50
CWM11907 Phones Aug 2024 215.81
CWM11907 Phones Aug 2024 35.77
CWM11907 Phones Aug 2024 245.91
CWM11907 Phones Aug 2024 48.50
CWM11907 Phones Aug 2024 181.69
CWM11907 Phones Aug 2024 120.83
CWM11907 Phones Aug 2024 62.08
CWM11907 Phones Aug 2024 60.00
CWM11907 Phones Aug 2024 240.00
CWM11908 Internet Aug 2024 50.75
CWM11908 Internet Aug 2024 211.54
CWM11908 Internet Aug 2024 20.00
CWM11908 Internet Aug 2024 67.95
CWM11908 Internet Aug 2024 20.00
CWM11908 Internet Aug 2024 47.36
CWM11908 Internet Aug 2024 10.05
CWM11908 Internet Aug 2024 162.50
CWM11908 Internet Aug 2024 50.23
CWM11908 Internet Aug 2024 189.47
CWM11908 Internet Aug 2024 20.00
CWM11908 Internet Aug 2024 213.83
CWM11908 Internet Aug 2024 37.50
CWM11908 Internet Aug 2024 25.60
CWM11908 Internet Aug 2024 30.77
CWM11908 Internet Aug 2024 19.80
CWM11908 Internet Aug 2024 171.09
CWM11908 Internet Aug 2024 76.56
CWM11909 E-mail Aug 2024 5.29
CWM11909 E-mail Aug 2024 32.15
CWM11909 E-mail Aug 2024 134.31
CWM11909 E-mail Aug 2024 4.98
CWM11909 E-mail Aug 2024 9.81
CWM11909 E-mail Aug 2024 53.89
CWM11909 E-mail Aug 2024 79.57
AP Checks by Date - Detail by Check Date (8/28/2024 2:52 PM) Page 7 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
CWM11909 E-mail Aug 2024 318.32
CWM11909 E-mail Aug 2024 188.60
CWM11909 E-mail Aug 2024 76.67
CWM11909 E-mail Aug 2024 33.66
CWM11909 E-mail Aug 2024 24.88
CWM11909 E-mail Aug 2024 74.75
CWM11909 E-mail Aug 2024 0.77
CWM11909 E-mail Aug 2024 42.10
CWM11909 E-mail Aug 2024 98.80
CWM11909 E-mail Aug 2024 89.00
CWM11909 E-mail Aug 2024 17.25
CWM11909 E-mail Aug 2024 42.10
CWM11909 E-mail Aug 2024 42.10
CWM11949 Holly's 6ft DP to DP Cable 16.35
Total for Check Number 86102: 9,950.35
86103 4567 KOALA TREE SERVICE 08/16/2024
700 Tree Removal- Erling 600.00
Total for Check Number 86103: 600.00
86104 4668 SEAN KOPAS 08/16/2024
Reimbursement Set of 4 new tires inc state fee waste disposal fee instal fee 1,541.09 Total for Check Number 86104: 1,541.09
86105 3784 LEXIPOL, LLC 08/16/2024
INVCOR11237567 Cordico Law Enforcement Wellness App subscription 8/1/24-7/31/25 5,373.13 Total for Check Number 86105: 5,373.13
86106 3275 LIEBERT, CASSIDY, WHITMORE 08/16/2024
267857 LCW General Legal April 2024 1,569.50
267857 PD Legal April 2024 4,885.00
270975 LCW General Legal June 2024 1,977.50
272993 LCW ERC Membership and Liebert Library 2024 2,105.00 274730 LCW General Legal July 2024 612.00
Total for Check Number 86106: 11,149.00
86107 3277 LINCOLN AQUATICS 08/16/2024
Q2028130 Chlorine Well #13 8/6/24 485.37
Q2028131 Chlorine Well #15 8/7/24 485.37
Q2028132 Chlorine Well #16 8/7/24 782.11
Q2028171 Pool Chlorine 1,834.98
Total for Check Number 86107: 3,587.83
86108 3279 MARCO LOPEZ 08/16/2024
08132024 Building Search for Patrol (Fresno) 9/6 17.00
Total for Check Number 86108: 17.00
86109 3288 MCCLASKEY, INC. 08/16/2024
0434 Sidewalk Repair , 525, Sierra, 1867 Ave B, Morgan For 4,620.00 Total for Check Number 86109: 4,620.00
86110 3518 METRO UNIFORM 08/16/2024
283363 Replace torn uniform pants- Young 283.92
AP Checks by Date - Detail by Check Date (8/28/2024 2:52 PM) Page 8 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Total for Check Number 86110: 283.92
86111 3293 MID VALLEY DISPOSAL 08/16/2024
July 2024 July 2024 Franchise Fees 12,425.83
July 2024 July 2024 Franchise Fees -12,425.83
July 2024 July 2024 Residential 105,683.65
July 2024 July 2024 Comm-less FF's (9,229.07) 52,298.05 July 2024 July 2024 Multi 2-4 & Multi 5 less (3,129.27) 18,114.98 Total for Check Number 86111: 176,096.68
86112 3997 MID VALLEY DISPOSAL RECYCLING & TRANSFER STATION 08/16/2024 3014827 Street Sweeping Refuse 7/18/24 1,046.55
Total for Check Number 86112: 1,046.55
86113 3466 NAPA AUTO PARTS 08/16/2024
679268 Oil & Filter for PW Mower 53.33
679320 Filter for PW Mower 13.07
Total for Check Number 86113: 66.40
86114 3307 NELSON'S ACE HARDWARE-SELMA 08/16/2024
151901 Hardware to replace shelving in PPE room 100.49
151914 DOT's Pretzels/pedestal fan 39.21
151915 Return Credit DOT pretzels /Pedestal fan -39.21
151916 Rambler Mugs x4/Pedestal fan 203.98
Total for Check Number 86114: 304.47
86115 4876 OAT & OAK LLC 08/16/2024
72252 BID Social Media Manager July 2024 2,500.00
Total for Check Number 86115: 2,500.00
86116 3315 P G & E 08/16/2024
07/25/2024 Electricity-6/26/24-7/24/24 Acct #7543447781-8 6,359.34 07/25/2024 Electricity-6/26/24-7/24/24 Acct #7543447781-8 731.09 07/25/2024 Electricity-6/26/24-7/24/24 Acct #7543447781-8 3,133.35 07/25/2024 Electricity-6/26/24-7/24/24 Acct #7543447781-8 9.52 07/25/2024 Electricity-6/26/24-7/24/24 Acct #7543447781-8 223.08 07/25/2024 Electricity-6/26/24-7/24/24 Acct #7543447781-8 7,685.06 07/25/2024 Electricity-6/26/24-7/24/24 Acct #7543447781-8 56,060.10 07/25/2024 Electricity-6/26/24-7/24/24 Acct #7543447781-8 936.66 07/25/2024 Electricity-6/26/24-7/24/24 Acct #7543447781-8 1,173.15 07/25/2024 Electricity-6/26/24-7/24/24 Acct #7543447781-8 452.65 07/25/2024 Electricity-6/26/24-7/24/24 Acct #7543447781-8 479.83 07/25/2024 Electricity-6/26/24-7/24/24 Acct #7543447781-8 138.57 07/29/2024 Electricity-06/28/2024-07/28/2024 Acct #7371161282-7 1,583.88 07/29/2024 Electricity-06/28/2024-07/28/2024 Acct #7371161282-7 1,583.87 07/30/2024 Electricity-07/01/2024-07/29/2024 Acct #1628344672-8 1,375.88 Total for Check Number 86116: 81,926.03
86117 4885 PACIFIC SHREDDING 08/16/2024
5220929 City hall paper shredding services July 2024 25.20 5220929 City hall paper shredding services July 2024 25.20 Total for Check Number 86117: 50.40
86118 3316 CORINA PADILLA 08/16/2024
AP Checks by Date - Detail by Check Date (8/28/2024 2:52 PM) Page 9 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
09032024 Per Diem- WLLE Training Symposium 9/3-9/6 223.00 Total for Check Number 86118: 223.00
86119 3450 ABIGAIL PALSGAARD 08/16/2024
08/08/2024 Per Diem- Athenian Leadership 8/23/2024 129.50 Total for Check Number 86119: 129.50
86120 4537 PEGBOARD 08/16/2024
107512 1 Part Laser AP checks 419.30
107512 1 Part Laser AP checks 419.31
Total for Check Number 86120: 838.61
86121 4669 PITNEY BOWES BANK INC 08/16/2024
842024 Purchase Power 199.42
Total for Check Number 86121: 199.42
86122 4540 MICHELE MAYUMI PLOSZAJ 08/16/2024
9032024 Per Diem- WLLE Training Symposium 9/3-9/6 223.00 Total for Check Number 86122: 223.00
86123 4715 PRICKETTS DISTRIBUTING, INC. 08/16/2024
353378 Senior Center Ice Machince Maint 342.50
Total for Check Number 86123: 342.50
86124 3334 PROFESSIONAL PRINT & MAIL, INC 08/16/2024
121859 Statements Monthly Delinquent Notices July 2024 111.56 121859 Statements Monthly Delinquent Notices July 2024 111.55 121890 Printing Insert MVD SB 1383 Information Guide Aug 2024 1,181.33 121959 Statements Monthly Utility Bills Aug 2024 581.22 121959 Statements Monthly Utility Bills Aug 2024 581.21 Total for Check Number 86124: 2,566.87
86125 3654 R. J. BERRY, JR.,INC 08/16/2024
08/05/2024 Hydrant Meter Deposit Refund, less water usage and July fees. 767.81 Total for Check Number 86125: 767.81
86126 4490 ALEXIS RAMIREZ-SERRATO 08/16/2024
08122024 Building Search for Patrol (Fresno) 9/6 17.00
08122024 Dynamic Police Training (Commerce) 9/9-9/10 185.00 Total for Check Number 86126: 202.00
86127 4828 YVONNE RUIZ 08/16/2024
9022024 Per Diem- WLLE Training Symposium 9/3-9/6 223.00 Total for Check Number 86127: 223.00
86128 4867 JOSE LUIS SALINAS 08/16/2024
Per Diem- Fresno/Madera Counties Police Chief's Association 259.00 Total for Check Number 86128: 259.00
86129 5019 SEROLOGICAL RESEARCH INSTITUE 08/16/2024
24819 Case set up, evidence chain of custody, exam report & consult. 2,500.00 AP Checks by Date - Detail by Check Date (8/28/2024 2:52 PM) Page 10 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Total for Check Number 86129: 2,500.00
86130 4705 SERVICE MASTER BY BENEVENTO 08/16/2024
80732 INV#80732 Mold remediation City Hall 3,209.09
V-24-0397 INV#V-24-0397-STR Restoration - City Hall 10,133.66 Total for Check Number 86130: 13,342.75
86131 3961 SHARP AMBULANCE BILLING 08/16/2024
53031 Ambulance Billing Services July 2024 7,822.56
Total for Check Number 86131: 7,822.56
86132 3543 SIERRA PACKAGING SOLUTIONS 08/16/2024
90708 City Hall Janitorial Supplies 390.11
Total for Check Number 86132: 390.11
86133 3772 SIGN MAX 08/16/2024
0047474 Stop Signs Posts & Inserts 1,087.29
0047481 Square Sign posts & Inserts 1,003.65
Total for Check Number 86133: 2,090.94
86134 3368 SIGN RANCH BY ROD'S CUSTOM SIGNS08/16/2024
SR-15485 Comm Services Staff shirt 2024-2025 226.76
Total for Check Number 86134: 226.76
86135 3369 SILVAS OIL COMPANY, INC. 08/16/2024
193163CT PW & CH Gas Card Chrgs 7/16-7/31/24 95.73
193163CT PW & CH Gas Card Chrgs 7/16-7/31/24 203.23
193163CT PW & CH Gas Card Chrgs 7/16-7/31/24 845.87
193163CT PW & CH Gas Card Chrgs 7/16-7/31/24 150.65
193163CT PW & CH Gas Card Chrgs 7/16-7/31/24 332.95
193163CT PW & CH Gas Card Chrgs 7/16-7/31/24 58.76
193163CT PW & CH Gas Card Chrgs 7/16-7/31/24 95.73
193163CT PW & CH Gas Card Chrgs 7/16-7/31/24 334.80
Total for Check Number 86135: 2,117.72
86136 4262 SILVERFOX ELECTRIC, INC. 08/16/2024
3220 City Park electrical 80.00
3220 Well #15 electrical diag 160.00
Total for Check Number 86136: 240.00
86137 4887 SOCIAL VOCATIONAL SERVICES INC. 08/16/2024
46GZ403IN Landscape Services 928.57
46GZ403IN Landscape Hash 929.03
Total for Check Number 86137: 1,857.60
86138 3378 STAPLES ADVANTAGE 08/16/2024
6008019201 Janitorial Supplies 136.41
6008019202 PW- Chair Replacements 261.52
6008019203 Office Supplies Stn 1 (7/31) 211.77
6008019205 Office Supplies 272.21
6008019206 Dog Park Supplies 1,065.18
6008019207 Dog Park Supplies 236.93
6008019208 Janitorial Supplies 231.79
AP Checks by Date - Detail by Check Date (8/28/2024 2:52 PM) Page 11 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Total for Check Number 86138: 2,415.81
86139 3382 SHAUN STEPHENS 08/16/2024
9042024 Per Diem- Fresno.Madera counties Police Chief's Association 259.00 Total for Check Number 86139: 259.00
86140 3385 STRYKER SALES LLC 08/16/2024
9206736330 replace worn mattress on ambulance gurney 612.66 Total for Check Number 86140: 612.66
86141 4028 SUPERIOR POOL CARE 08/16/2024
4975 Owner-Eddie C. Reed July 2024 Invoice #4975 Date 7/24/24 2,600.00 Total for Check Number 86141: 2,600.00
86142 3746 SWANSON-FAHRNEY FORD 08/16/2024
245468 A/C Repair on PW #743 300.00
Total for Check Number 86142: 300.00
86143 4827 SWEEPING CORP OF AMERICA LLC 08/16/2024
2024-005931 Kings Crossing July 2024 250.00
2024-005931 Air Sweep for the Month of July 2024 14,950.00 2024-005931 Streets, Medians, and Subdivisions July 2024 3,000.00 2024-005931 Subdivision 16th & Kern July 2024 650.00
2024-005931 Subdivision Kamm & S. Academy July 2024 325.00 Total for Check Number 86143: 19,175.00
86144 3397 THE GAS COMPANY 08/16/2024
08/08/2024 Gas Services for city dates: 7/4/24-8/6/24 55.34 08/08/2024 Gas Services for city dates: 7/4/24-8/6/24 48.59 08/08/2024 Gas Services for city dates: 7/4/24-8/6/24 32.97 08/08/2024 Gas Services for city dates: 7/4/24-8/6/24 29.83 08/08/2024 Gas Services for city dates: 7/4/24-8/6/24 92.34 08/08/2024 Gas Services for city dates: 7/4/24-8/6/24 15.78 Total for Check Number 86144: 274.85
86145 4788 TOWNSEND PUBLIC AFFAIRS INC. 08/16/2024
21979 Consulting Services for the month of Aug 2024 6,500.00 Total for Check Number 86145: 6,500.00
86146 3805 USA BLUE BOOK 08/16/2024
00445680 GAC #12 Pump 1,971.58
Total for Check Number 86146: 1,971.58
86147 3416 VERIZONWIRELESS 08/16/2024
9969123323 Wireless bill for fire/ambulance June 16-July 15 1,138.13 Total for Check Number 86147: 1,138.13
86148 3493 VILLAGE TIRE SALES INC 08/16/2024
21715 Tire Repair on PD #1628 25.00
21839 Tire Repair on Pw #740 25.00
21901 2 Tires & Align on PD 1619 495.17
22347 1 tire on PD 2216 229.36
AP Checks by Date - Detail by Check Date (8/28/2024 2:52 PM) Page 12 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
22831 Replace Tire Pressure Sensor 85.92
23028 4 tires on PW trailer #E398 516.61
23053 Tire repair on PD #1624 25.00
23059 4 tires on PD #2146 778.85
23396 2 tires on PD #2030 389.43
23459 2 tires and 1 Flat Repair PW #741 307.16
23466 Tire Repair on FD U-142 25.00
23466 repair flat tire Chief 140 vehicle 25.00
Total for Check Number 86148: 2,927.50
86149 4441 VULCAN MATERIALS CO. WESTERN DIVISION 08/16/2024 74085573 Sand-General Use 179.51
Total for Check Number 86149: 179.51
86150 3469 WECO SUPPLY CO., INC. 08/16/2024
974175 PW Cyl Rental 7/31/24 33.48
Total for Check Number 86150: 33.48
Total for 8/16/2024: 1,257,905.37
ACH 3231 ICMA RETIREMENT CORP - WIRE 457 08/23/2024
PR Batch 00002.08.2024 457 Mission Square PR Batch 00002.08.2024 457 Mission Square 5,366.92 PR Batch 00002.08.2024 457 Percent - Mission Square PR Batch 00002.08.2024 457 Percent - Mission Square 390.66 Total for this ACH Check for Vendor 3231: 5,757.58
ACH 3470 Internal Revenue Service - ACH 08/23/2024
PR Batch 00002.08.2024 FICA Employee Portion PR Batch 00002.08.2024 FICA Employee Portion 18,329.85 PR Batch 00002.08.2024 Federal Income Tax PR Batch 00002.08.2024 Federal Income Tax 29,229.70 PR Batch 00002.08.2024 Medicare Employee Portion PR Batch 00002.08.2024 Medicare Employee Portion 4,410.14 PR Batch 00002.08.2024 Medicare Employer Portion PR Batch 00002.08.2024 Medicare Employer Portion 4,410.14 PR Batch 00002.08.2024 FICA Employer Portion PR Batch 00002.08.2024 FICA Employer Portion 18,329.85 Total for this ACH Check for Vendor 3470: 74,709.68
ACH 3471 Employment Development Department - ACH08/23/2024 PR Batch 00002.08.2024 State Income Tax PR Batch 00002.08.2024 State Income Tax 12,246.18 PR Batch 00002.08.2024 CA SDI PR Batch 00002.08.2024 CA SDI 3,006.08 Total for this ACH Check for Vendor 3471: 15,252.26
ACH 3472 CalPERS - ACH 08/23/2024
PR Batch 00002.08.2024 PERS Safety Fire PEPRAPR Batch 00002.08.2024 PERS Safety Fire PEPRA 5,231.60 PR Batch 00002.08.2024 PERS Safety Fire ER PR Batch 00002.08.2024 PERS Safety Fire ER 2,419.24 PR Batch 00002.08.2024 PERS Misc. PEPRA ER PR Batch 00002.08.2024 PERS Misc. PEPRA ER 4,765.95 PR Batch 00002.08.2024 PERS Safety Fire PEPRA ER PR Batch 00002.08.2024 PERS Safety Fire PEPRA ER 5,677.13 PR Batch 00002.08.2024 PERS Safety Police PR Batch 00002.08.2024 PERS Safety Police 1,398.93 PR Batch 00002.08.2024 PERS Safety Fire -ClassicPR Batch 00002.08.2024 PERS Safety Fire -Classic 924.50 PR Batch 00002.08.2024 PERS Misc. Classic PR Batch 00002.08.2024 PERS Misc. Classic 2,633.10 PR Batch 00002.08.2024 PERS Safety Police PEPRA ER PR Batch 00002.08.2024 PERS Safety Police PEPRA ER 8,809.59 PR Batch 00002.08.2024 PERS Misc. Classic ER PR Batch 00002.08.2024 PERS Misc. Classic ER 4,549.17 PR Batch 00002.08.2024 PERS Misc. PEPRA PR Batch 00002.08.2024 PERS Misc. PEPRA 4,693.28 PR Batch 00002.08.2024 PERS Reported FLSA PR Batch 00002.08.2024 PERS Reported FLSA 97.83 PR Batch 00002.08.2024 PERS Safety Police PEPRAPR Batch 00002.08.2024 PERS Safety Police PEPRA 9,244.63 PR Batch 00002.08.2024 PERS Safety Police ER PR Batch 00002.08.2024 PERS Safety Police ER 3,631.65 AP Checks by Date - Detail by Check Date (8/28/2024 2:52 PM) Page 13 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Total for this ACH Check for Vendor 3472: 54,076.60
ACH 4707 ICMA-WIRE 401(A) 08/23/2024
PR Batch 00002.08.2024 Def Comp 401(a) ICMAPR Batch 00002.08.2024 Def Comp 401(a) ICMA 250.00 Total for this ACH Check for Vendor 4707: 250.00
86151 3660 KPFA 08/23/2024
PR Batch 00002.08.2024 Professional Firefighters Asc. PR Batch 00002.08.2024 Professional Firefighters Asc. 680.00 Total for Check Number 86151: 680.00
86152 3525 Kingsburg Police KPOA 08/23/2024
PR Batch 00002.08.2024 KPOA Union Dues PR Batch 00002.08.2024 KPOA Union Dues 1,060.00 Total for Check Number 86152: 1,060.00
Total for 8/23/2024: 151,786.12
Report Total (103 checks): 1,409,691.49
AP Checks by Date - Detail by Check Date (8/28/2024 2:52 PM) Page 14
CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor Pursell Jr. and City Council
REPORT FROM: Adam Castaneda, Community Services Director REVIEWED BY: AP AGENDA ITEM: FMAAA Contract Resolution
ACTION REQUESTED: ___Ordinance ____Resolution ____Motion ______Receive/File
EXECUTIVE SUMMARY
The FMAAA contract is part of an ongoing agreement the City has with Fresno County. The programs that are offered through the FMAAA agreement provide meals and services to the Senior Citizens of the Kingsburg Community. The contract with FMAAA needs to be renewed for the first half of this fiscal year due to the current remodeling of the senior center kitchen project. City staff will transition away from FMAAA meals once Fresno County has issued the green light to occupy the kitchen.
The FMAAA agreement also provides funds to offset some of the costs associated with the meal program, such as reimbursement for staff costs and site supplies associated with the distribution of the meals. Contracting with FMAAA for the first half of the year will help cover staff wages and site supply purchases.
The contract has a termination clause that states we must give a written ninety-day notice to successfully end all contract agreements before the full contract term expires.
RECOMMENDED ACTION BY City Council
1. Adopt Resolution 2024-042 authorizing the Community Services Director to execute contract(s) with FMAAA for the fiscal year beginning July 1, 2024 to June 30 2025, including any subsequent amendments and all necessary supporting documents.
POLICY ALTERNATIVE(S)
None.
REASON FOR RECOMMENDATION/KEY METRIC
1. Ensure financial stability.
FINANCIAL INFORMATION
Meeting Date: 09/04/2024
Agenda Item: 3
FISCAL IMPACT:
1. Is There A Fiscal Impact? Yes
2. Is it Currently Budgeted? Yes
3. If Budgeted, Which Line? 022-0000-422-0404
FINANCIAL SUMMARY
The funds we will receive from this agreement will offset $32,000, funds that the City would otherwise have to transfer to the Senior Center.
PRIOR ACTION/REVIEW
This agreement has been approved by the City Council in prior years.
BACKGROUND INFORMATION
The FMAAA agreement helps offset the costs that are associated with the lunch program that is offered at the Senior Center. The agreement provides reimbursements for: staffing; supplies associated with the lunch program; and any large equipment purchases that are associated with the lunch program.
ATTACHED INFORMATION
1. Resolution 2024-042
2. Contract No. 25-0131
RESOLUTION NO. 2024-042
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF KINGSBURG
IN THE MATTER OF AUTHORITY TO
EXECUTE CONTRACTS WITH FRESNO MADERA AREA AGENCY ON AGING WHEREAS, the City of Kingsburg has entered into an Agreement with the Fresno Madera Area Agency on Aging (“FMAAA”); and
WHEREAS, Contract Number 25-0131 is subject to renewal each fiscal year.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KINGSBURG DOES HEREBY RESOLVE that the Community Services Director and the City Manager for the City of Kingsburg, is authorized to execute contract(s) with FMAAA for the fiscal year beginning July 1, 2024 to June 30, 2025, including any subsequent amendments and all the necessary supporting documents.
***********
I, Abigail Palsgaard, City Clerk for the City of Kingsburg, do hereby certify that the foregoing resolution was duly passed and adopted at a regular meeting for the Kingsburg City Council held on the 4th day of September, 2024, by the following vote:
Ayes: Councilmembers:
Noes: Councilmembers:
Absent: Councilmembers:
Abstain: Councilmembers:
_______________________________
Abigail Palsgaard, City Clerk
City of Kingsburg
CONTRACT BETWEEN
CITY OF KINGSBURG
AS SERVICE PROVIDER
AND
FRESNO-MADERA AREA AGENCY ON AGING
(HEREINAFTER REFERRED TO AS AGENCY ON AGING)
2520 WEST SHAW LANE, SUITE 101A, FRESNO, CA 97311
MAILING ADDRESS: 2037 WEST BULLARD AVENUE, #512, FRESNO, CA 93711 A. Name and principal address of service contractor (hereinafter referred to as service provider):
City of Kingsburg
1404 Draper Street
Kingsburg, CA 93631
B. The starting date of this Agreement shall not precede the date the Agreement is signed by both parties hereto. The term of this Agreement is from July 1, 2024 to June 30, 2025, subject, however, to earlier termination as provided herein.
C. No expenditure or obligation for the funding allocation for the July 1, 2024 through June 30, 2025 period may be incurred after June 30, 2025.
D. Maximum funds available for the following program, contingent upon sufficient funds made available from the State of California to the Agency on Aging and/or by the U.S. Government or the Budget Acts of the appropriate fiscal years for the purposes of this program:
Approved by Fresno-Madera Area Agency on Aging Governing Board on April 17, 2024 Federal Grantor: U.S. Department of Health and Human Services Pass Through Grantor: Fresno-Madera Area Agency on Aging Older Americans Act Title: Title III C1 Congregate Nutrition, Federal CFDA No. 93.045 Contract No.: 25-0131 Service: Site Management
Site 12-Month Funding Cycle Contract Period
Grant Amount
Kingsburg Senior Center July 1, 2024 to June 30, 2025 $32,000 Total Term of Contract Grant Award: $32,000
E. This document together with any attached program exhibits, assurances, budgets, and narratives is a firm agreement to provide services for older Americans in Fresno and/or Madera counties (including cities contained therein) as specified in a manner consistent with the intent of, and regulations applicable to, service programs under Title III/VII of the Older Americans Act as amended.
F. The provisions of the Area Plan Grant Award Terms and Conditions Declaration (Articles I through XX) attached thereto, plus all enclosures listed, herein, constitute a part of this contract.
Area Plan Grant Award Contract Page 1 FY 2024-2025
FOR SERVICE PROVIDER:
Signature of individual named on Exhibit E, page 5, as having primary, hands-on involvement and oversight of the day-to-day operations of the contracted program.
Date
Type Name Title
Signature of Authorized Contracting Official
(Refer to Appendix A)
Date
Type Name Title
Contractor Federal Employer I.D. Number
FOR FRESNO-MADERA AREA AGENCY ON AGING:
Signature Date
Executive Director
Type Name Title
Area Plan Grant Award Contract Page 2 FY 2024-2025
Area Plan Grant Award ii FY 2024-2025
Table of Contents
Area Plan Grant Award
Table of Contents
Documents Required to Execute Contract ................................................................... i CONTRACT .................................................................................................................1 AREA PLAN GRANT AWARD TERMS AND CONDITIONS DECLARATION .........3 Article I. Definitions and Resolutions of Language Conflicts .....................3 Article II. Agreement...................................................................................6 Article III. Term of Agreement......................................................................6 Article IV. Reasonableness of Compensation..............................................6 Article V. Assurances..................................................................................7 Article VI. Funds ........................................................................................30 Article VII. Budget and Budget Revision .....................................................34 Article VIII. Payment ....................................................................................37 Article IX. Subcontracts .............................................................................38 Article X. Records and Reports.................................................................41 Article XI. Property.....................................................................................43 Article XII. Access.......................................................................................46 Article XIII. Monitoring and Evaluation .........................................................46 Article XIV. Audit Requirements...................................................................48 Article XV. Insurance...................................................................................54 Article XVI. Donations ..................................................................................56 Article XVII. Termination ...............................................................................56 Article XVIII. Remedies and Appeal Process .................................................60 Article XIX. Amendments, Revisions or Modifications..................................60 Article XX. Notices ......................................................................................61 Area Plan Grant Award iii FY 2024-2025
Table of Contents
Area Plan Grant Award
Table of Contents (Continued)
APPENDICES
Resolution of Authorization to Contract ......................................................Appendix A Contractor Certification Clauses..................................................................Appendix B Information Integrity and Security Statement ............................................. Appendix C Method of Providing Audit Compliance ...................................................... Appendix D Required Reports and Due Dates ...............................................................Appendix E Sanction Policy............................................................................................Appendix F Appeal Procedure for Service Providers .................................................... Appendix G Fresno-Madera Area Agency on Aging Contact List for Service Providers .....Appendix H Fresno-Madera Area Agency on Aging Emergency Contact Information..........Appendix I Community Focal Points List....................................................................... Appendix J Request for Taxpayer Identification Number and Certification ....................Appendix K
EXHIBITS
Program Exhibit...............................................................................................Exhibit A Budget ............................................................................................................Exhibit B Annual Summary of Activities..........................................................................Exhibit C Program Cost Efficiency..................................................................................Exhibit D Program Narrative...........................................................................................Exhibit E Service Provider Emergency Resource Information........................................Exhibit F Area Plan Grant Award 3 FY 2024-2025
Terms and Conditions Declaration
FRESNO-MADERA AREA AGENCY ON AGING
AREA PLAN GRANT AWARD
TERMS AND CONDITIONS DECLARATION
This Agreement incorporates the terms and conditions which support an award of Area Plan Funds. Activities under this award shall be carried out in accordance with Title III and Title VII of the Older Americans Act of 1965, as amended (United States Code Title 42, Section 3001); the program regulations and policy directives relating thereto; federal and State laws; and the California Welfare and Institutions Code, Sections 9000- 9023, all of which are, or may be, operative during the term of this sub-grant award.
ARTICLE I. DEFINITIONS AND RESOLUTIONS OF LANGUAGE CONFLICTS A. “Agency on Aging” and “FMAAA” means the Fresno-Madera Area Agency on Aging interchangeably.
B. “Agreement” or “Contract” shall mean the Fresno-Madera Area Agency on Aging Area Plan Agreement; Area Plan Grant Award Terms and Conditions Declaration (Articles I through XX); Appendices; Program Exhibits; Budget Display; Attachments; Amendments; and any other documents incorporated by reference, unless otherwise provided in this Article.
C. “Allocation” means the process of assigning a cost, or a group of costs, to one or more cost objective(s), in reasonable proportion to the benefit provided or other equitable relationship. The process may entail assigning a cost(s) directly to a final cost objective or through one or more intermediate cost objectives. (2 CFR §200.1 and 45 CFR §75.2)
D.
E.
F.
G.
“Contractor” or “Service Provider” means the legal entity awarded funds under this Agreement and which is accountable to the Agency on Aging, the State, and/or federal government for use of these funds and which is responsible for executing the provisions for services provided under this Agreement.
Cal. Civ. Code: California Civil Code (CIV)
Cal. Gov. Code: California Government Code (GC)
Cal. Pub. Con. Code: California Public Contract Code (PCC) H. “CCR” means California Code of Regulations.
I. “CFR” means Code of Federal Regulations.
Area Plan Grant Award 4 FY 2024-2025
Terms and Conditions Declaration
J.
L.
M.
N.
O.
“Disallowed costs” means those charges determined to be unallowable, in accordance with the applicable Federal statutes, regulations, or the terms and conditions of the Federal award. (2 CFR 200.31 and 45 CFR 75.2) HHS: Means United States Department of Health and Human Services OAA: Means Older Americans Act
OCA: Means Older Californians Act
OMB: Means Federal Office of Management and Budget
P. “In-Kind Contributions” means the value of non-cash contributions donated to support the project or program (e.g. property, service, etc.).
Q. “Matching Contributions” means local cash and/or in-kind contributions made by the Contractor, a subcontractor, or other local resources that qualify as match for the contract funding.
R. “Program Income” means revenue generated by an Area Agency on Aging or Contractor from contract-supported activities. Program Income is:
1. Voluntary contributions received from a participant or responsible party for services received.
2. Income from usage or rental fees of real or personal property acquired with grant funds or funds provided under this Agreement.
3. Royalties received on patents and copyrights from contract-supported activities.
4. Proceeds from the sale of goods created under an Agency on Aging grant of funds.
S. “PSA 14” means the State Planning and Service Area comprised of Fresno and Madera Counties.
T. “Questioned Costs” means a cost that is questioned by the auditor because of an audit finding which resulted from a violation or possible violation of a statute, regulation, or the terms and conditions of a Federal award, including for funds used to match Federal funds; where the costs, at the time of the audit, are not supported by adequate documentation; or where the costs incurred appear unreasonable and do not reflect the actions a prudent person would take in the circumstances. (2 CFR 200.84 and 45 CFR 75.2).
Area Plan Grant Award 5 FY 2024-2025
Terms and Conditions Declaration
U. “Recoverable cost” means the questioned cost identified from an audit.
V. “Reimbursable item” also means “allowable cost” and “compensable item.” W. “State” and “Department” means the State of California and the California Department of Aging (CDA) interchangeably.
X. “Subcontract” means any form of legal agreement between the Contractor and the Subcontractor, including an agreement that the Contractor or Subcontractor would consider to be a contract, including vendor type Agreements for providing goods or services under this Agreement.
Y. “Subcontractor” means the legal entity that receives funds from the Contractor to carry out any part of a federal award identified in this Agreement.
Z. “USC” means United States Code.
AA. As used throughout this Agreement, the term “shall” is mandatory; the term “may” is permissive.
BB. The terms and conditions of this grant award and other requirements have the following order of precedence if there is any conflict in what they require:
1. 2.
The Grant Terms and Conditions
The Older Americans Act and other applicable federal statutes and their implementing regulations.
3. If applicable, the Older Californians Act and other California State codes and regulations.
4. Contract Agreement, including Area Plan Grant Award Terms and Conditions Declaration, all Appendices, all Exhibits, and any amendments thereto.
5. 6.
Program Memos and other guidance issued by the California Department of Aging.
Any other documents incorporated herein by reference, including, if applicable, the federal Health and Human Services (HHS) terms and conditions found in Part II of the HHS Grant Policy Statement. The HHS Grant Policy Statement is available under the HHS Policy Requirements Topic at: https://www.hhs.gov/grants.grants.grants-policiesregulations/index/html Area Plan Grant Award 6 FY 2024-2025
Terms and Conditions Declaration
ARTICLE II. AGREEMENT
A. All elements of this Agreement, as defined in Article I, Section B, and as approved by the Agency on Aging in making this award, are hereby incorporated by reference, as if fully set forth herein.
B. Time is of the essence in this Agreement. All contracts must be signed and returned to the Fresno-Madera Area Agency on Aging within forty-five (45) days of the date on the contract cover letter. If the signed contract is not returned by the designated date and there has been no approval granted, then the funds may be reallocated by the Fresno-Madera Area Agency on Aging Governing Board. The Agency on Aging will send a Notice of Termination of Negotiations to the non-responsive Service Provider on the 46th day from the date of the contract cover letter by certified mail. A copy of the Fresno-Madera Area Agency on Aging Appeal Procedure will be sent with the letter.
C. A copy of this Agreement is on file and available for inspection at the FresnoMadera Agency on Aging, 2520 West Shaw Lane, Suite 101A, Fresno, California, 93711.
ARTICLE III. TERM OF AGREEMENT
A. This Agreement is of no force or effect until signed by both parties hereto and approved by the Agency on Aging. The Contractor may not commence performance until such approval has been obtained, or until a signed Letter of Authority has been provided by the Agency on Aging.
B. The term of this Agreement is from July 1, 2024, through June 30, 2025, at which time the Agreement expires, subject however, to earlier termination or cancellation as herein provided. Contract awards are limited to a one-year period; however, at the discretion of the Agency on Aging, contracts may be renegotiated up to a maximum of three additional one-year periods subject to annual renegotiation and availability of federal, State, and local funding.
C. Should the Contractor or subcontractor begin work in advance of receiving notice that the Agreement is approved, and before obtaining a signed Letter of Authority from the Agency on Aging, that work may be considered as having been performed at-risk as a volunteer and may not be reimbursed or compensated.
ARTICLE IV. REASONABLENESS OF COMPENSATION
Compensation for work or services performed under this Agreement shall be reasonable and based on an analysis of job requirements and comparability with similar work or services in the local labor market.
Area Plan Grant Award 7 FY 2024-2025
Terms and Conditions Declaration
ARTICLE V. ASSURANCES
A. Agreement Authorization
1. If a public entity, the Contractor shall submit to the Agency on Aging a copy of the resolution, order, or motion referencing this Agreement number authorizing execution of this Agreement. If a private entity, the Contractor shall submit to the Agency on Aging an authorization by the Governing Board of the Contractor to execute this Agreement, referencing this Agreement number. These documents, including minute orders, must also identify the action taken.
2. Documentation in the form of a resolution, order, or motion by the Governing Board of the Contractor is required for the original and each subsequent amendment to this Agreement. This requirement may also be met by a single resolution from the Governing Board of the Contractor authorizing the designee to execute the original and all subsequent amendments to this Agreement.
B. Administration
1. The Contractor shall be a public entity, private nonprofit entity, or Joint Powers Authority (JPA). If a private nonprofit corporation or JPA, the Contractor shall be in good standing with the Secretary of State of California and shall maintain that status throughout the term of the Agreement.
a. Any grant awards to for-profit entities are subject to review and approval by the California Department of Aging prior to issuance of a contract by the Agency on Aging to the Contractor. [22 CCR §7362]
2. The Contractor shall ensure that any subcontractors providing services under this Agreement shall be of sound financial status. Any subcontracting private entity or JPA shall be in good standing with the Secretary of State of California and shall maintain that status throughout the term of the Agreement.
3. Failure to maintain good standing by the contracting entity shall result in suspension or termination of this Agreement with the Agency on Aging until satisfactory status is restored. Failure to maintain good standing by a subcontracting entity shall result in suspension or termination of the subcontract by the Contractor until satisfactory status is restored.
4. This Agreement is not assignable by the Contractor, either in whole or in part, without the written consent of the Agency on Aging in the form of a formal written amendment.
Area Plan Grant Award 8 FY 2024-2025
Terms and Conditions Declaration
5. The Contractor, and the agents and employees of the Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State or the Agency on Aging.
6. In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have full force and effect and shall not be affected.
C. Debarment, Suspension, and Other Responsibility Matters
1. The Contractor certifies to the best of its knowledge and belief, that it and its subcontractors:
a. Are not presently debarred or suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency. [45 CFR §92.35]
b. Have not, within a three-year period preceding this Agreement, been convicted of, or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, State, or local) transaction or contract under a public transaction; violation of federal or State antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, State, or local) with commission of any of the offenses enumerated in Section C.1.b of this Article.
d. Have not, within a three-year period preceding this Agreement, had one or more public transactions (federal, State, or local) terminated for cause or default.
2. The Contractor shall report immediately to the Agency on Aging, in writing, any incidents of alleged fraud and/or abuse by either the Contractor or subcontractors. The Contractor shall maintain any records, documents, or other evidence of fraud and abuse until otherwise notified by the Agency on Aging.
3. The Contractor agrees to timely execute any and all amendments to this Agreement or other required documentation relating to the Subcontractor’s debarment/suspension status.
Area Plan Grant Award 9 FY 2024-2025
Terms and Conditions Declaration
4. The Contractor shall notify the Agency on Aging immediately of any intention to discontinue existence of the entity or to bring an action for dissolution.
D. Law, Policy and Procedure, Licenses, and Certificates The Contractor agrees to administer this Agreement and require any subcontractors to administer their subcontracts in accordance with this Agreement, and with all applicable local, State, and federal laws and regulations including, but not limited to, discrimination, wages and hours of employment, occupational safety, and to fire, safety, health, and sanitation regulations, directives, guidelines, and/or manuals related to this Agreement and resolve all issues using good administrative practices and sound judgment.
The Contractor and its subcontractors shall keep in effect all licenses, permits, notices, and certificates that are required by law.
E. Provision of Services, Staffing, and Standards of Work
1. The Contractor shall ensure the provision of services under this Agreement, as specified by the attached exhibits, which are hereby incorporated by reference. Inadequate performance or failure to make progress so as to endanger performance of this Agreement may result in imposition of sanctions as described in Appendix F, Sanction Policy, or termination of the Agreement as described in Article XVII, Termination.
2. The Contractor shall make every effort to meet the goals and objectives stipulated in this Agreement. Performance shall not be unilaterally reduced or otherwise changed without prior consultation with, and written approval of, the Agency on Aging. A service unit reduction that impacts the Agency’s ability to provide service levels defined in its Area Plan or Area Plan Update service unit objectives requires:
a. Written approval from the California Department of Aging to the Agency on Aging if such reduction is greater than ten percent (10%). b. An Amendment to the Agency on Aging’s Area Plan if such reduction is greater than twenty percent (20%), including a public hearing; approval by the Agency’s Governing Board and Advisory Council chairpersons and the Agency’s Executive Director; and approval by the California Department of Aging. [22 CCR §7306(a)]
3. The Contractor agrees that the performance of work and services pursuant to the requirements of this Agreement shall conform to accepted professional standards.
Area Plan Grant Award 10 FY 2024-2025
Terms and Conditions Declaration
4. The Contractor shall maintain adequate staff to meet the Contractor’s obligations under this Agreement.
5. The Contractor shall make staff available to the California Department of Aging and the Agency on Aging for training and meetings, which the California Department of Aging or the Agency on Aging may find necessary from time to time.
F. Payroll Taxes and Deductions
The Contractor shall promptly forward payroll taxes, insurances, and contributions, including State Disability Insurance, Unemployment Insurance, Old Age Survivors Disability Insurance, and federal and State income taxes withheld, to designated governmental agencies as required by law.
G. Nondiscrimination
The Contractor shall comply with all federal statutes relating to nondiscrimination. These include those statutes and laws contained in the Contractor Certification Clauses (Appendix B), which are hereby incorporated by reference. In addition, Contractor shall ensure compliance with the following:
1. Equal Access to Federally-Funded Benefits, Programs, and Activities Contractor shall ensure compliance with Title VI of the Civil Rights Act of 1964 (42 USC §2000d; 45 CFR §80), which prohibits recipients of federal financial assistance from discriminating against persons based on race, color, religion, or national origin.
2. Equal Access to State-Funded Benefits, Programs, and Activities Contractor shall, unless exempted, ensure compliance with the requirements of California Government Code §11135 et seq., and 22 CCR 11140 et seq., which prohibit recipients of State financial assistance from discriminating against persons based on race, national origin, ethnic group identification, religion, age, sex, sexual orientation, color, or disability. [22 CCR §98323]
3. California Civil Rights Laws (Public Contract Code §2010) a. For contracts of $100,000 or more, executed or renewed after January 1, 2017, the Contractor certifies compliance with the Unruh Civil Rights Act (Section 51 of the Civil Code) and the Fair Employment and Housing Act (Section 12960 of the Government Code).
Area Plan Grant Award 11 FY 2024-2025
Terms and Conditions Declaration
b. For contracts of $100,000 or more, executed or renewed after January 1, 2017, if a Contractor has an internal policy against a sovereign nation or peoples recognized by the United States government, the Contractor certifies that such policies are not used in violation of the Unruh Civil Rights Act (Section 51 of the Civil Code) or the Fair Employment and Housing Act (Section 12960 of the Government Code).
4. Contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. [42 USC §12101 et seq.]
5. The Contractor shall not require proof of age, citizenship, or disability as a condition of receiving services.
6. Contractor agrees to include these requirements in all contracts it enters into with subcontractors to provide services pursuant to this Agreement.
H. Information Confidentiality and Security:
1. This Information Confidentiality and Security Requirements section sets forth the information privacy and security requirements the contractor is obligated to follow with respect to all personal, confidential, and sensitive information (as defined herein) disclosed to the contractor, or collected, created, maintained, stored, transmitted, or used by the contractor for or on behalf of the Agency on Aging pursuant to this agreement. (Such personal, confidential, and sensitive information is referred to here as PSCI.) Agency on Aging and the subcontractor desire to protect their privacy and provide for the security of Agency on Aging PSCI pursuant to this section of this agreement and in compliance with state and federal laws applicable to Agency on Aging and California Department of Aging PSCI.
The terms of this section shall apply to all contracts, subcontracts, and subawards made by the AAA in furtherance of this agreement and services provided in accordance with this agreement. The contractor shall require its agents, subcontractors, or independent consultants (collectively, agents) to conform to this section regarding California Department of Aging PSCI.
2. Definitions
a. Breach:
Area Plan Grant Award 12 FY 2024-2025
Terms and Conditions Declaration
i. the unauthorized acquisition, access, use or disclosure of California Department of Aging and the Agency on Aging PSCI in a manner in which compromises the security, confidentiality, or integrity of the information; or
ii. The same definition of “breach of the security system” set forth in California Civil Code section 1798.29 subdivision (f): or iii. The same as the definition of “breach” set forth in the Health Insurance Portability and Accountability Act Privacy Rule, 45 Code of Federal Regulations 164.402.
b. Confidential Information: Information that is exempt from disclosure under the provisions of the California Public Records Act (Government Code section 7920.000 Et seq.).
c. Disclosure: the release, transfer, provision of, access to, or divulging in any manner of information outside the entity holding the information
d. PSCI: “personal information”, “sensitive information”, and “confidential information” (as these terms are defined herein). e. Personal Information: Information that identifies or describes an individual, including, but not limited to, their name, social security number, physical description, home address, home telephone number, education, financial matters, and medical or employment history. It is CDA’s policy to consider all information about individuals private unless such information is determined to be a public record. Personal Information also includes the following:
i. Notice-Triggering Personal Information: Specific items of personal information (name plus Social Security number, driver license/California identification card number, or financial account number) that may trigger a requirement to notify individuals if it is acquired by an unauthorized person. For purposes of this provision, identity shall include, but not be limited to name, identifying number, symbol, or other identifying information assigned to the individual, such as finger or voice print or a photograph. See Civil Code section 1798.29.
Area Plan Grant Award 13 FY 2024-2025
Terms and Conditions Declaration
ii. Protected Health Information (PHI): The term “PHI” refers to and includes both “PHI” as defined at 45 CFR section 160.103 and Personal Information (PI) as defined in the Information Practices Act at California Civil Code section 1798.3(a). PHI includes information in any form, including paper, oral, and electronic.
f. Public Information: Information that is not exempt from disclosure under the provisions of the California Public Records Act (Government Code sections 7920.000 Et seq.).
g. Security Incident:
i. A breach or attempted breach; or
ii. The attempted or successful unauthorized access, disclosure, modification, or destruction of Agency on Aging or CDA PSCI, in violation of any state or federal low or in a manner not permitted under this agreement; or
iii. The attempted or successful modification or destruction of, or interference with, the contractor’s system operations in an information technology system, that negatively impacts the confidentiality, availability, or integrity of Agency on Aging PSCI; or
iv. Any event that is reasonably believed to have compromised the confidentiality, integrity, or availability of an information asset, system, process, data storage, or transmission. Furthermore, an information security incident may also include an event that constitutes a violation or imminent threat of violation of information security policies or procedures, including
acceptable use policies.
h. Sensitive Information: Information that requires special precautions to protect from unauthorized use, access, disclosure, modification, loss, or deletion. Sensitive Information may be either Public Information or Confidential Information. It is information that requires a higher-than-normal assurance of accuracy and completeness. Thus, the key factor for Sensitive Information is that of integrity. Typically, Sensitive Information includes records of agency financial transactions and regulatory actions.
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3. Disclosure Restrictions
The contractor shall protect Agency on Aging PSCI from unauthorized disclosure. The contractor shall not disclose, except as otherwise specifically permitted by this agreement, any Agency on Aging PSCI to anyone other than Agency on Aging personnel or programs without prior written authorization from the Agency on Aging or the California Department of Aging.
a. The contractor and the Agency on Aging mutually agree that the creation, receipt, maintenance, transmittal, and disclosure of date from the Agency on Aging containing Personal Health Information (PHI) shall be subject to the Health Insurance Portability and Accountability Act of 1996 and its implementing privacy and security regulations at 45 CFR Parts 160 and 164 (collectively and as used in this agreement, HIPPA). The contractor agrees to provide the same, or greater, level of protection to Agency on Aging data that would be required if the contractor were a Business Associate under HIPPA, regardless of whether the contractor is or is not a Business Associate.
b. To the extent that other state and/or federal laws provide additional, stricter and/or more protective (collectively, more protective) privacy and/or security protections to Agency on Aging PSCI covered under this agreement beyond those provided through HIPPA, the contractor agrees:
i. To comply with the more protective of the privacy and security standards set forth in applicable state or federal laws to the extent such standards provide a greater degree of protection and security than HIPPA or are otherwise more favorable to the individuals whose information is concerned; and
ii. To treat any violation of such additional and/or more protective standards as a breach or security incident, as appropriate. iii. Examples of laws that provide additional and/or stricter privacy protections to certain types of Agency on Aging PSCI as defined above in Section H definitions of this agreement, include but are not limited to the Information Practices Act, California Civil Code sections 1798-1798.78, Confidentiality of Alcohol and Drug Abuse Patient Records, 42 CFR Part 2, Welfare and Institutions Code Section 5328, and California Health and Safety Code section 11845.5.
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iv. If the Contractor is a Qualified Service Organization (QCS) as defined in 42 CFR section 2.11, the contractor agrees to be bound by and comply with subdivisions (2)(i) and (2) (ii) of that section.
4. Use Restrictions
The contractor shall not use any Agency on Aging or California Department of Aging PSCI for any purpose other than performing the contractor’s obligations under this agreement.
5. Safeguards and Security
The contractor shall implement administrative, physical and technical safeguards that reasonably and appropriately protect the confidentiality, integrity and availability of Agency on Aging PSCI including electronic Agency on Aging PSCI that it creates, receives, maintains, uses, or transmits on behalf of Agency on Aging. The contractor shall develop and maintain a written information privacy and security program that includes administrative, technical, and physical safeguards appropriate to the size and complexity of the contractor’s operations and the nature and scope of its activities. The contractor’s administrative, technical, and physical safeguards shall include, at a minimum:
a. Technical Security Controls:
The Contractor shall, at a minimum, utilize a National Institute of Standards and Technology Special Publication (NIST SP) 800-53 compliant security framework when selecting and implementing its security controls and shall maintain continuous compliance with NIST SP 800-53 as it may be updated from time to time. The current version of NIST SP 800-53, Revision 5, is available online at https://csrc.nist.gov/pubs/sp/800/53/r5/upd1/final; updates will be available online at https://csrc.nist.gov/publications/sp800. b. Removeable Media Devices
All electronic files that contain Agency on Aging PSCI data must be encrypted when stored on any removeable media or portable device (i.e., USB thumb drives, floppies, CD/DVD, smart devices, tapes, etc.). PSCI must be encrypted, at a minimum, using FIPS 140-2 certified algorithm or successor standards, such as Advanced Encryption Standard (AES), with a 128bit key or higher. c. Patch Management
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The Contractor shall apply security patches and upgrades and keep virus software up to date on all systems which PHI and other confidential information may be used.
d. Confidentiality Statement:
All people that will be working with the California Department of Aging and Agency on Aging PSCI must sign a confidentiality statement (Appendix C), that includes at a minimum, General Use, Security and Privacy Safeguards, Unacceptable Use, and
Enforcement Policies. The statement must be signed by all people prior to accessing the Agency on Aging PSCI. The statement must be renewed annually. The contractor shall retain each person’s written confidentiality statement for Agency on Aging inspection for a period of six (6) years following contract termination. e. Transmission and Storage of PSCI:
All persons that will be working with Agency on Aging PSCI shall employ with FIPS 140-3 compliant encryption of PHI, at rest and in motion, unless it has been determined that such encryption is unreasonable and inappropriate based upon a risk assessment and equivalent alternative measures are in place and documented as such
f. Minimum Necessary:
Only the minimum necessary amount of Agency on Aging PSCI required to perform necessary business functions applicable to the terms of this Agreement may be used, disclosed, copied, downloaded, or exported.
g. Antivirus Software:
All workstations, laptops and other systems that process and/or store Agency on Aging PSCI must install and actively use a comprehensive anti-virus software solution with automatic updates scheduled at least daily.
h. Data Security:
Agency on Aging PSCI will be stored separately from other customers’ data. Data will be stored and processed within the continental United States, and remote access to data from outside Area Plan Grant Award 17 FY 2024-2025
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the continental United States will be prohibited. Data will be encrypted such that unauthorized parties are unable to read the data within the database/data repositories or any backups.
6. Employee Training
All persons who assist in the performance of functions or activities on behalf of the Agency on Aging, or access or disclose Agency on Aging PSCI, must complete information privacy and security training, located at https://aging.ca.gov/Information_security/ at least annually, at the contractor’s expense. Each person who receives information privacy and security training must sign a certification, indicating the member’s name and the date on which the training was completed. These certifications must be retained for a period of six (6) years following contract termination.
7. Employee Discipline:
Appropriate sanctions must be applied against persons who fail to comply with privacy policies and procedures or any provisions of these requirements, including termination of employment where appropriate.
8. Background Check:
Before a person may access Agency on Aging PSCI, a thorough background check of that person must be conducted, with evaluation of the results to assure that there is no indication that the person may present a risk to the security or integrity of confidential data or a risk for theft or misuse of confidential data. The Contractor shall retain each person’s background check documentation for a period of three (3) years following contract termination.
a. Mailing:
Mailings of Agency on Aging PSCI shall be sealed and secured from damage or inappropriate viewing of PSCI to the extent possible.
Mailings which include 500 or more individually identifiable records of Agency on Aging PSCI in a single package shall be sent using a tracked mailing method which includes verification of delivery and receipt, unless the prior written permission of Agency on Aging to use another method is obtained.
b. Security Officer:
The contractor shall designate a Security Officer to oversee its data security program who will be responsible for carrying out its privacy Area Plan Grant Award 18 FY 2024-2025
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and security programs and for communicating on security matters with Agency on Aging.
c. Mitigation of Harmful Effects:
The Contractor shall mitigate, to the extent practicable, any harmful effect that is known to the contractor of a use or disclosure of PSCI and other confidential information in violation of the requirements of this Agreement.
d. Access to, and Accounting For, Disclosure of PSCI:
The contractor shall document and make available to Agency on Aging or (at the direction of Agency on Aging) to an Individual such disclosures of Agency on Aging PSCI and information related to such disclosures necessary to respond to a proper request by the subject Individual for an accounting of disclosures of personal information as required by 45 CFR section 164.524 or any applicable state or federal law.
9. Access to Practices, Books and Records
The Contractor shall make its internal practices, books, and records relating to the use and disclosure of PSCI on behalf of the Agency on Aging available to the Agency on Aging upon reasonable request.
10. Special Provision for SSA Data
In the Contractor receives data from or on behalf of Agency on Aging that was verified by or provided by the Social Security Administration (SSA Data) and is subject to an agreement between the Agency on Aging and SSA, the contractor shall provide, upon request by the Agency on Aging, a list of all employees and agents who have access to such data, including employees and agents of its agents, to Agency on Aging.
11. Breaches and Security Incidents
The contractor shall implement reasonable systems for the discovery and prompt reporting of any breach or security incident, and take the following steps:
a. Notice to the Agency on Aging
The Contractor shall notify the Agency on Aging immediately by Area Plan Grant Award 19 FY 2024-2025
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email or telephone of the discovery of:
i. Unsecured Agency on Aging PSCI if the Agency on Aging PSCI is reasonably believed to have been accessed or acquired by an unauthorized person.
ii. Any suspected security incident which risks unauthorized access to Agency on Aging PSCI and/or other confidential information. iii. Any intrusion or unauthorized access, use, or disclosure of Agency on Aging PSCI in violation of this agreement: or iv. Potential loss of confidential data affecting this agreement v. Notice via email shall be made using the current CDA 1025 “Information Security Incident Report: form and shall include all information known at the time the incident is reported. The forms are available online at: https://aging.ca.gov/Information_security/ vi. Upon discovery of a breach or suspected security incident, intrusion, or unauthorized access, use or disclosure of Agency on Aging PSCI, the Contractor shall:
a. Prompt corrective action to mitigate any risks or damages involved with the security incident or breach: and
b. Any action pertaining to such unauthorized disclosure is required by applicable Federal and State Laws and
regulations.
b. Investigation of Security Incident Breach
The contractor shall immediately investigate such security incident, breach, or unauthorized use or disclosure of Agency on Aging PSCI. c. Complete Report
The contractor shall provide a complete report of the investigation to Agency on Aging within (10) working days of the discovery of the breach or unauthorized use or disclosure. The complete report must include an assessment of all known factors relevant to a determination of whether a breach occurred under applicable federal and state laws. The report shall include a full, detailed corrective action plan including information on measures that were taken to halt and/or contain improper use or disclosure. If the Agency on Aging requests information in addition to this report, the contractor Area Plan Grant Award 20 FY 2024-2025
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shall make reasonable efforts to provide the Agency on Aging with such information. Agency on Aging will review and approve or disapprove the contractor’s determination of whether a breach occurred, whether the security incident or breach is reportable to the appropriate entities, if individual notifications are required, and the contractor’s corrective action plan.
i. If the Contractor does not submit a complete report within the ten (10) working day time frame, the contractor shall request approval from the Agency on Aging within the ten (10) working timeframe for the complete report.
d. Notification of Individuals
If the cause of a breach is attributable to the contractor or its agents, the contractor shall notify individuals accordingly and shall pay all costs of such notifications as well as any costs associated with the breach. The notifications shall comply with applicable federal and state law. The Agency on Aging shall approve the time, manner, and content of any such notifications and their review and approval must be obtained before the notifications are made.
e. Responsibility for Reporting Breaches to Entities other than the Agency on Aging
If the cause of a breach of Agency on Aging PSCI is attributable to the contractor or its subcontractors, the contractor is responsible for all required reporting of the breach as required by applicable federal and state law.
f. Submission of Sample Notification to Attorney General:
If notification to more than 500 individuals is required pursuant to California Civil Code section 1798.29, regardless of whether the contractor is considered only a custodian and/or non-owner of the Agency on Aging PSCI, the contractor shall, at its sole expense and at the sole election of the Agency on Aging, either:
i. Electronically submit a single sample copy of the security breach notification, excluding any personally identifiable information, to the Attorney General pursuant to the format, content, and timeliness provisions of Section 1798.29, subdivision (e). The contractor shall inform the Agency on Aging Privacy Officer:
Hillaree Bennett, of the time, manner, and content of any such submissions prior to the transmission of such submissions to the Area Plan Grant Award 21 FY 2024-2025
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Attorney General; or
ii. Cooperate with and assist the Agency on Aging in is submission of a sample copy of the notification to the Attorney General.
12. Contact Information
To direct communications to the above referenced Agency on Aging staff, the contractor shall initiate contact as indicated herein. Agency on Aging reserves the right to make changes to the contact information below by giving written notice to the contractor.
Agency on Aging Privacy Officer: Agency on Aging Information Security Officer:
Fresno-Madera Area Agency on Aging
2520 W. Shaw Ln. #101 A
Fresno, CA 93711
Attn: Program Director, Hillaree Bennett
Email: [email protected]
Telephone: 559-319-0863
Fresno-Madera Area Agency on Aging
2520 W. Shaw Ln. #101 A
Fresno, CA 93711
Attn: Executive Director, Jamie Sharma
Email: [email protected]
Telephone: 559-214-0299 ext. 500
13. Responsibility of Agency on Aging
The Agency on Aging agrees to not request the contractor use or disclose PSCI in any manner that would not be permissible under HIPPA and/or other applicable federal and/or state law.
14. Audits, Inspections, and Enforcement
a. Agency on Aging Right to Inspect
From time to time, Agency on Aging may inspect the facilities, systems, books, and records of the contractor to monitor compliance with the safeguards required in the Information Confidentiality and Security Requirements (ICSR) section. The contractor shall promptly remedy any violation of any provision of this ICSR section. The fact that Agency on Aging inspects, or fails to inspect, or has the right to inspect, the contractor’s facilities, systems, and procedures does not relieve the contractor of its responsibility to comply with this ICSR section.
b. Notification to Agency on Aging in Event the Contractor is Subject to Area Plan Grant Award 22 FY 2024-2025
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Other Audit:
If the contractor is the subject of an audit, compliance review, investigation, or any proceeding that is related to the performance of its obligations pursuant to this agreement or is the subject of any judicial or administrative proceeding alleging a violation of HIPAA, the contractor shall promptly notify the Agency on Aging unless it is legally prohibited from doing so.
15. Miscellaneous Provisions
a. Disclaimer:
Agency on Aging makes no warranty or representation that compliance by the contractor with this agreement will satisfy the contractor’s business needs or compliance obligations. The contractor is solely responsible for all decisions made by the contractor regarding the safeguarding of Agency on Aging PSCI and other confidential information
b. Amendment:
i. Any provision of this agreement which conflicts with current or future applicable federal or state laws is hereby amended to conform to the provisions of those laws. Such amendment of this agreement hall be effective on the effective date of the laws necessitating it and shall be binding on the parties even though such amendment may not have been reduced to writing and formally agreed upon and executed by the parties.
ii. Failure by the contractor to take necessary actions required by amendments to this agreement shall constitute a material violation
c. Assistance in Litigation or Administrative Proceedings The contractor shall make itself, its employees, and agents available to the Agency on Aging at no cost to Agency on Aging to testify as witnesses in the event of litigation or administrative proceedings being commenced against Agency on Aging, its director, officers, or employees based upon claimed violation of laws relating to security and privacy, and which involves inactions or actions by the contractor (except where the contractor or its subcontractor, workforce employee, or agent is a named adverse party).
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d. No Third-Party Beneficiaries
Nothing in this agreement is intended to or shall confer upon any third person, any rights, or remedies whatsoever.
e. Interpretation
The terms and conditions in this agreement shall be interpreted as broadly as necessary to implement and comply with regulations and applicable laws. The parties agree that any ambiguity in the terms and conditions of this agreement shall be resolved in favor of a meaning that complies and is consistent with federal and state laws and regulations.
f. No Waiver of Obligations
No change, waiver, or discharge of any liability or obligation hereunder on any one or more occasions shall be deemed a waiver of performance of any continuing or other obligation or shall prohibit enforcement of any obligation on any other occasion.
g. Return or Destruction of Agency on Aging PSCI on Expiration or Termination
At expiration or termination of the contract, if feasible, the contractor shall return or destroy all Agency on Aging PSCI that the contractor still maintains in any form and retain no copies of such information. If return or destruction is not feasible, Agency on Aging and the contractor shall determine the terms and conditions under which the contractor may retain the PSCI.
h. Data Sanitization
All Agency on Aging PSCI must be sanitized using NIST Special Publication 800-88 standard methods for data sanitization when the Agency on Aging PSCI is no longer needed.
i. Survival
If return or destruction of Agency on Aging PSCI is not feasible upon the completion or termination of the contract, the respective rights, and obligations of the contractor under this Section shall survive the completion or termination of the contract between the contractor and the Agency on Aging. The contractor shall also limit further uses and disclosures of Agency Area Plan Grant Award 24 FY 2024-2025
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on Aging PSCI to those purposes that make the return or destruction of the information infeasible.
I. Copyrights
1. If any material funded by the Agency on Aging is subject to copyright, the State reserves the right to copyright such material and the contractor agrees not to copyright such material, except as set forth in Article V section I.2.
2. The contractor may request permission to copyright material by writing to the Director of Agency on Aging. The Director shall grant permission or give reason for denying permission to the contractor in writing within sixty (60) days of receipt of the request
3. If the material is copyrighted with the consent of Agency on Aging, the State reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, prepare derivative works, publish, distribute and use such materials, in whole or in part, and to authorize others to do so, provided written credit is given to the author.
4. The contractor certifies that it has appropriate systems and controls in place to ensure that State funds will not be used in the performance of work outlined within this agreement or the contract for the acquisition, operation, or maintenance of computer software in violation of copyright laws.
J. Rights in Data
1. The Contractor shall not publish or transfer any materials, as defined in Section J.2 of this Article, produced or resulting from activities supported by this Agreement without the express written consent of the Executive Director and/or Program Director of the Agency on Aging. That consent shall be given or the reasons for denial shall be given and any conditions under which it is given or denied within thirty (30) days after the written request is received by the Agency on Aging. The Agency on Aging may request a copy of the material for review prior to approval of the request.
This subsection is not intended to prohibit the Contractor from sharing identifying client information authorized by the participant or summary program information that is not client-specific.
2. As used in this Agreement, the term “subject data” means writings, sound recordings, pictorial reproductions, drawings, designs or graphic representations, procedural manuals, forms, diagrams, workflow charts, equipment descriptions, data files and data processing or computer Area Plan Grant Award 25 FY 2024-2025
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programs, and works of any similar nature (whether or not copyrighted or copyrightable) which are first produced or developed under this Agreement. The term does not include financial reports, cost analyses, and similar information incidental to contract administration.
3. Subject only to the provisions of Article V, Section H, Information Integrity and Security, and Article V, Section I, Copyrights, of this Agreement, the State and the Agency on Aging may use, duplicate, or disclose in any manner, and have or permit others to do so subject to State and federal law all subject data delivered under this Agreement.
K. Public Education and Information
(Please note: This differs from the IIIB service categories within the data dictionary that have the same names)
Public Education and Information (PE&I) falls into two categories:
1. Educational-materials that educate and inform an audience such as activity books, coloring books, brochures and posters.
2. Promotional- material that promotes, supports, or enhances efforts and directly relates to the project objective such as key chains, onboard signs, mugs, pencils, magnets, and litter bags. The State of California and California Department of Aging and Agency on Aging does NOT allow Agency on Aging funds to be used for this purpose.
Contractors and subcontractors that use Agency on Aging funds to produce educational material must receive approval from the California Department of Aging Office of Communications prior to production.
Additionally, subrecipients that use Agency on Aging funds to produce PI&E materials must receive written approval from the CDA Office of Communications in order to use any CDA logo. Subrecipients should allow a minimum of ten (10) business days for approval; they should contact the CDA Office of Communications for assistance ([email protected])
Contractors should also advise vendors that all materials used in the production of public outreach materials paid for with grant funds are the property of the contractor and the Agency on Aging and the CDA (i.e., data, plates, digital files, camera-ready artwork, designs, concepts, photographs, video and audio). The CDA reserves the right to use materials developed by the AAA and/or subcontractor.
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Inclusion of the logo and/or funding line should not interfere with the primary program messaging. Questions regarding the inclusion, size or placement of either logo or funding statement should be directed to the CDA Office of Communications
[email protected]
All documents produced must comply with Federal Acquisition Regulation, Section 508, which governs document accessibility L. S.W.A.G Ban
The contractor and its subcontractor shall comply with the Governor’s Executive Order B-06-11, which bans expenditures on promotional and marketing items colloquially known as “S.W.A.G.” or “Stuff We All Get.” M. Advertising and Public Relations
All press releases or any program advertisement utilizing the CDA logo must be approved by the CDA Office of Communications prior to dissemination.
Approval is also required for all use of CDA logo or mention of CDA in materials. The contractor should email the draft press release to [email protected] at least fourteen (14) days in advance of the announcement or event and copy the appropriate CDA Program team.
The contractor must coordinate media and kick-off events with the CDA Office of Communications.
If CDA funds are used for outreach, including paid and earned advertising, all materials must receive preapproval from the CDA Office of Communications before publication or production. Any mention of the CDA name or organization in press or outreach materials requires prior approval. The appropriate CDA program manager will coordinate with this process. Materials should be submitted to the appropriate CDA program manager for the CDA Office of Communications for review. They will be assessed in batches of the first and fifteenth of each month, with a minimum ten (10) business day approval period.
N. Copyrights/Trademarks
The CDA reserves a royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal or state government purposes the following:
1. The copyright/trademark in any work developed under a grant, sub grant Area Plan Grant Award 27 FY 2024-2025
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or contract under a grant or sub grant.
2. Any right of copyright/trademark to which a contractor or subcontractor purchases ownership with grant funds.
O. Lobbying Certification
The Contractor, by signing this Agreement, hereby certifies to the best of his or her knowledge and belief, that:
1. No federally appropriated funds have been paid or will be paid, by or on behalf of the Contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
2. If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with this federal Agreement, grant, loan or cooperative agreement, the Contractor shall complete and submit Standard Form LLL, Disclosure Form to Report Lobbying, in accordance with its instructions.
3. The Contractor shall require that the language of this certification be included in the award documents for all subcontracts at all tiers (including contracts under grants, loans, and cooperative agreements which exceed $100,000) and that all subcontractors shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. This certification is a prerequisite for making or entering into this transaction imposed by 31 USC §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
P. Conflict of Interest
1. The Contractor shall prevent employees, consultants, or members of governing bodies from using their positions for purposes including, but not limited to, the selection of subcontractors, that are, or give the appearance of being, motivated by a desire for private gain for Area Plan Grant Award 28 FY 2024-2025
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themselves or others, such as family, business, or other ties. In the event that the Agency on Aging determines that a conflict of interest exists, any increase in costs associated with the conflict of interest may be disallowed by the Agency on Aging, and such conflict may constitute grounds for termination of the Agreement.
2. This provision shall not be construed to prohibit employment of persons with whom the Contractor’s officers, agents, or employees have family, business, or other ties, so long as the employment of such persons does not result in a conflict of interest (real or apparent) or increased costs over those associated with the employment of any other equally qualified applicant, and such persons have successfully competed for employment with the other applicants on a merit basis.
Q. Covenant Against Contingent Fees
1. The Contractor warrants that no person or selling agency has been employed or retained to solicit this Agreement. There has been no agreement to make commission payments in order to obtain this Agreement.
2. For breach or violation of this warranty, the Agency on Aging shall have the right to terminate this Agreement without liability or at its discretion to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingency fee.
R. Facility Construction or Repair
1. This section applies only to Title III funds and not to other funds allocated to other Titles under the Older Americans Act.
a. When applicable for purposes of construction or repair of facilities, the Contractor shall comply with the provisions contained in the following and shall include such provisions in any applicable agreements with subcontractors:
i) Copeland “Anti-Kickback” Act [18 USC §874, 40 USC §3145] [29 CFR §3];
ii) Davis-Bacon Act [40 USC §3141 et seq.] [29 CFR §5]; iii) Contract Work Hours and Safety Standards Act [40 USC §3701 et seq.] [29 CFR §5, 6, 7, 8]; and
iv) Executive Order 11246 of September 14, 1965, entitled “Equal Employment Opportunity” as amended by Executive Order
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11375 of October 13, 1967, as supplemented in Department of Labor Regulations [41 CFR §60].
b. Payments are not permitted for construction, renovation, alteration, improvement, or repair of privately-owned property which would enhance the owner’s value of such property except where permitted by law and by the Agency on Aging.
c. When funding is provided for construction and non-construction activities, the Contractor must obtain prior written approval from the Agency on Aging before making any fund or budget transfers between construction and non-construction.
S. Grievance Process
1. The Contractor must establish a written grievance process for reviewing and attempting to resolve complaints of older individuals receiving services funded by this Agreement. At a minimum, the process shall include all of the following:
a. Time frames within which a complaint will be acted upon. b. Written notification to the complainant of the results of the review, including a statement that the complainant may appeal to the Fresno-Madera Area Agency on Aging if dissatisfied with the results of the Contractor’s review.
c. Confidentiality provisions to protect the complainant’s rights to privacy. Only information relevant to the complaint may be released to the responding party without the older individual’s consent.
2. The Contractor shall notify older individuals of the grievance process available to them by:
a. Posting notification of the process in visible and accessible areas, such as the bulletin boards in multipurpose senior centers. For areas in which a substantial number of older individuals are non-English speaking, the notification shall also be posted in the primary language of a significant number of older individuals.
b. Advising homebound older individuals of the process either orally or in writing upon the Contractor’s contact with the individuals.
3. Complaints may involve, but not be limited to, any or all of the following:
a. Amount or duration of a service.
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b. Denial or discontinuance of a service.
c. Dissatisfaction with the service being provided or with the service provider. If the complaint involves an issue of professional conduct that is under the jurisdiction of another entity, such as the California Medical Board or the State Bar Association, the complainant shall be referred to the proper entity.
d. Failure of the service provider to comply with any of the requirements set forth in CDA regulations or in this Agreement.
4. Nothing in this Article shall be construed as prohibiting older individuals from seeking other available remedies, such as presenting their complaints at an open meeting of the Contractor’s governing board.
T. Disaster Plan
1. The Contractor shall prepare and maintain a disaster plan that ensures provision of critical services to meet the emergency needs of consumers they are charged to serve during medical or natural disasters, such as earthquakes or floods, and make such plan available to the Agency on Aging upon request.
2. The Contractor shall provide annual disaster response training and a current list of community resources for all employees and volunteers, and maintain documentation of such training.
3. The Contractor shall designate a primary and a secondary emergency contact. Following an emergency or disaster, the Contractor’s designated contact shall update the Agency on Aging with the Contractor’s operational status.
4. The Contractor shall complete Exhibit F, Service Provider Emergency Resource Information, included with this agreement, and advise the Agency on Aging whenever a change to this information occurs.
U. Community Focal Points
The Contractor acknowledges that the Agency on Aging has designated locations as Community Focal Points, as required by Title 22 CCR Article 3 §7302(a)(14), 45 CFR §1321.53(c), and OAA 2006 §306(a), which are attached as Appendix J, Community Focal Points List.
ARTICLE VI. FUNDS
A. Expenditure of Funds
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1. The Contractor shall expend all funds received to perform services outlined within agreement.
2. Any reimbursement for authorized travel and per diem shall be at rates not to exceed those amounts paid by the State in accordance with the California Department of Human Resources’ (CalHR) rules and regulations.
In State:
Mileage/Per Diem (meals and incidentals)/Lodging
https://www.calhr.ca.gov/employees/pages/travel-reimbursements.aspx Out of State: http://hrmanual.calhr.ca.gov/Home/ManualItem/1/2201 This is not to be construed as limiting the contractor from paying any differences in costs, from funds other than those provided by the Agency on Aging, between the CalHR rates and any rates the contractor is obligated to pay under other contractual agreements. No travel outside the state of California shall be reimbursed unless prior written authorization is obtained from the State. [SCM 3.17.2.A(4)] The contractor agrees to include these requirements in all subcontracts it enters into with subcontractors to provide services pursuance to this agreement.
3. Agency on Aging reserves the right to refuse payment to the contractor or disallow costs for any expenditure, as determined by the Agency on Aging to be: out of compliance with this agreement, unrelated or inappropriate to contract activities, when adequate supporting documentation is not presented, or where prior approval was required, but was either not requested or not granted.
B. Accountability for Funds
1. The Contractor shall maintain accounting records for funds received under the terms and conditions of this Agreement. These records shall be separate from those for any other funds administered by the Contractor, and shall be maintained in accordance with Generally Accepted Accounting Principles and Procedures and the Office of Management and Budget’s Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. [2 CFR §200] [45 CFR §75]
2. The Contractor shall ensure that funding for services as outlined herein are managed and prorated monthly to ensure that adequate Older Area Plan Grant Award 32 FY 2024-2025
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Americans Act funding is available to provide services through the ending date of this Agreement.
3. Funds made available under this Agreement shall supplement, and not supplant, any federal, State, or local funds expended by a State or unit of general purpose local government to provide Title III (excluding Title III E) and Title VII services.
C. Financial Management Systems
The Contractor shall meet the following standards for its financial management systems, as stipulated in 2 CFR §200.302 and 45 CFR §75.302:
1. Financial Reporting.
2. Accounting Records.
3. Complete Disclosure.
4. Source Documentation.
5. Internal Control.
6. Budgetary Control.
7. Cash Management (written procedures).
8. Allowable Costs (written procedures).
D. Unexpended Funds
1. No later than March 31 of the Agreement year, the Contractor shall report to the Agency on Aging if any Older Americans Act funds will remain unexpended at the ending date of this Agreement.
2. The Agency on Aging shall request and receive from the Contractor release of Older Americans Act funds for an amount mutually agreed upon by both parties, not to exceed the estimated amount of unexpended funds. The Agency on Aging shall be reasonable in its request for funds and the Contractor shall not unreasonably withhold permission for release of funds.
3. The Agency on Aging retains all rights to reallocate released funds into other programs, projects, or activities.
4. Upon termination, cancellation, or expiration of this Agreement, or dissolution of the entity, the Contractor shall return to the Agency on Aging immediately upon written demand, any funds provided under this Area Plan Grant Award 33 FY 2024-2025
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Agreement, which are not payable for goods or services delivered prior to the termination, cancellation, or expiration of this Agreement, or the dissolution of the entity.
E. Funding Contingencies
1. It is understood between the parties that this Agreement may have been written before ascertaining the availability or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if this Agreement were executed after that determination was made.
2. This Agreement is valid and enforceable only if sufficient funds are made available to the State, and subsequently to the Agency on Aging, by the United States Government or the Budget Acts of the appropriate fiscal years for purposes of the contracted program(s). In addition, this Agreement is subject to any additional restrictions, limitations, or conditions enacted by the Congress or the Legislature that may affect the provisions, terms, or funding of this Agreement in any manner.
F. Limitation of State Liability
Payment for performance by the Contractor shall be dependent upon the availability of future appropriations by the Legislature or Congress for the purposes of this Agreement and approval of an itemized budget. No legal liability on the part of the State or the Agency on Aging for any payment may arise under this Contract until funds are made available; the itemized budget is approved by the State; and the Contractor has received an executed Agreement.
G. Funding Reduction
1. If funding for any State or Agency on Aging fiscal year is reduced or deleted by the Department of Finance, Legislature, or Congress for the purpose of the services outlined within this agreement, the Agency on Aging shall have the option to either:
a. Terminate the Agreement pursuant to Section A.1 of Article XVII, Termination, of this Agreement; or
b. Offer a revision to the Budget to reflect the reduced funding authorized by the authority of this agreement.
2. In the event the Agency on Aging elects to offer a revised budget display(s), it shall be mutually understood by both parties that:
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a. The Agency on Aging reserves the right to determine which programs, if any, shall be reduced.
b. Some programs may be reduced by a greater amount than others, and
c. The Agency on Aging shall determine at its sole discretion the amount that any or all of the programs shall be reduced for the applicable fiscal years.
H. Fiscal Provisions
1. The agreement must be approved prior to release and disbursement of any program funding included within these terms via the budget displays.
2. Upon release of an original or revised budget display, a separate budget for all programs affected shall be submitted electronically to the Agency on Aging’s fiscal department, within 30 days of release.
3. Budgets must be approved by the Agency on Aging’s fiscal department prior to any disbursement of funding.
4. Agency on Aging cannot disburse funds until the contract agreement is fully executed.
ARTICLE VII. BUDGET AND BUDGET REVISION
A. The Contractor shall be reimbursed for expenses only as itemized in the approved budget with the exception of line item budget transfers as noted in Section E of this Article and shall not be entitled to reimbursement for these expenses until this Agreement is approved and executed by the Agency on Aging. The approved Contractor’s budget is hereby incorporated by reference into this Agreement as a part of Exhibit B.
B. The final date to submit a budget revision to the Agency on Aging for this Agreement is March 15, 2024.
C. Indirect Costs
1. The maximum reimbursement amount allowable for indirect costs is ten percent (10%) of the Contractor’s Modified Total Direct Costs (MTDC), excluding in-kind contributions and nonexpendable equipment. Indirect costs shall not exceed ten percent (10%) of the Contractor’s MTDC per funding category.
2. Contractors requesting reimbursement for indirect costs shall retain on file an approved indirect cost rate accepted by all federal awarding Area Plan Grant Award 35 FY 2024-2025
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agencies or an allocation plan documenting the methodology used to determine the indirect costs.
3. Indirect costs exceeding the ten percent (10%) maximum may be budgeted as in-kind for purposes of meeting matching requirements in Title III and Title VII programs only. Contractors must receive prior approval from the federal awarding agency, through the Agency on Aging with approval from the California Department of Aging, prior to budgeting the excess indirect costs as in-kind.
4. For major Institutes of Higher Education and major nonprofit organizations, indirect costs must be classified within two broad categories: “Facilities” and “Administration.” “Facilities” is defined as depreciation on buildings, equipment and capital improvement, interest on debt associated with certain buildings, equipment and capital improvements, and operations and maintenance expenses.
“Administration” is defined as general administration and general expenses such as the director’s office, accounting, personnel and all other types of expenditures not listed specifically under one of the subcategories of “Facilities” (including cross allocations from other pools, where applicable). [2 CFR 200.414(a)] [45 CFR §75.414(a)] D. Program Specific Funds
1. Program Income
a. Program Income must be reported and expended under the same terms and conditions as the program funds from which it is generated.
b. Program Income must be used to pay for current allowable costs of the program in the same fiscal year that the income was earned (except as noted in Section D.1.d of this Article).
c. For Title III B, III C, III D, III E, VII Ombudsman, and VII Elder Abuse Prevention, Ombudsman Citation Penalties Account, Licensing and Certification Program Funds, Skilled Nursing Facility Quality and Accountability Funds, CARES Act, Elder Justice Act, and Older Californians Act. Program Income must be spent before contract funds (except as noted in Section D.1.d of this Article) and may reduce the total amount of contract funds payable to the Contractor. d. Program Income may not be used to meet the matching
requirements of this Agreement.
e. Program Income must be used to expand baseline services.
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f. If as a result of advanced funds, the project earns interest on funds awarded by the Agency on Aging, that interest shall be identified as income to the program and used for program expenditures, with full documentation on file for all programs.
2. One-Time-Only (OTO) Funds
a. OTO Funds, if any, are non-transferable between funding sources.
This means that OTO funds can only be used in the program in which they were accrued.
b. Titles III and VII federal program OTO funds shall only be used for the following purposes:
i. Home and community-based projects that are approved in advance by the California Department of Aging, and are
designed to address the unmet needs of the eligible service population identified in the Area Plan.
ii. Innovative pilot projects that are approved in advance by the California Department of Aging, and are designed for the development or enhancement of a comprehensive and
coordinated system of services as defined in 45 CFR
§1321.53(a)(b).
iii. OTO funds can be used to maintain or increase baseline services; however, the Contractor shall assure that services funded with OTO funds will not create an expectation of service delivery beyond the current Contract period. Expenditures for baseline services do not require advance approval from the California Department of Aging.
c. NSIP OTO funds shall only be used to purchase food used in the Elderly Nutrition Program.
E. Line Item Budget Transfers
The Contractor may transfer Agreement funds between line items under the following terms and conditions:
1. The Contractor shall obtain prior approval from the Agency on Aging for any line item transfer of funds that exceeds ten percent (10%) of the total budget for each funding source, and submit a revised budget to the Agency on Aging.
2. The Contractor shall maintain a written record of all budget changes and clearly document line item budget changes. The record shall include the date, amount, and purpose of the transfer. This record shall be available Area Plan Grant Award 37 FY 2024-2025
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to the Agency on Aging upon request and shall be maintained in the same manner as all other financial records.
F. Matching Contributions
1. “Matching Contributions” is defined in Article I, Section H. a. Cash and/or in-kind contributions may count as match, if such contributions are used to meet program requirements.
b. Any matching contributions (cash or in-kind) must be verifiable from the records of the Contractor or subcontractor.
c. Matching contributions must be used for allowable costs in accordance with the Office of Management and Budget cost principles.
2. Minimum matching contributions for Older Americans Act funded grants awarded by the Fresno-Madera Area Agency on Aging are determined as follows:
a. Title III B Supportive Services (not including Ombudsman), Title III C1 Congregate Nutrition, and Title III C2 Home-Delivered Nutrition is forty percent (40%).
b.
c.
Title III E Family Caregiver Support Program is thirty percent (30%).
Long-Term Care Ombudsman Program; Title VII Elder Abuse Prevention; Title III D Health Promotion-Evidence Based: No Match Required
3. Minimum matching requirements are calculated on net costs, which are total costs less program income, non-matching contributions, and State funds.
4. Matching contributions generated in excess of the minimum required are considered overmatch.
ARTICLE VIII. PAYMENT
A. The Contractor shall prepare and submit a monthly expenditure report, as indicated in Appendix E, Required Reports and Due Dates, by the 15th of each month to the Agency on Aging, unless otherwise specified by the Agency on Aging. The report shall include all costs and funding sources for the month prior.
B. The Agency on Aging shall review the Contractor’s report to ensure compliance with the approved Agreement budget.
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C. Depending upon funding availability, the Agency on Aging shall make monthly reimbursement payments to the Contract as specified in Appendix E, Required Reports and Due Dates, of this Agreement. The Agency on Aging shall pay the Contractor a total not to exceed the amount shown on page one (1) of this Agreement.
D. The Agency on Aging may withhold payment if the Agency on Aging determines that the Agreement with the Contractor is at-risk, as described in Appendix F, Sanction Policy.
E. The Agency on Aging shall be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. Payments made after a decision to withhold funds or terminate the Agreement will be governed by Article XVII, Termination.
F. The Agency on Aging may require financial reports more frequently than indicated in Section A of this Article or more detail (or both), upon written notice to the Contractor, until such time as the Agency on Aging determines that the financial management standards are met.
G. Closeout
1. Contractor is required to submit the Financial Closeout Report for this Agreement and Fixed Assets Acquired through Grants with the FresnoMadera Area Agency on Aging (FMAAA 32) to the Agency on Aging by July 15, 2024. All contractors are required to submit Program Property Inventory Certification annually, at the time of closeouts, to [email protected] or as instructed by FMAAA. If Agreement is terminated or cancelled prior to June 30, 2024, the Financial Closeout Report and FMAAA 32 shall be submitted to the Agency on Aging within fifteen (15) days of termination or cancellation of the Agreement.
2. Federal funds will be reduced proportionately to maintain the required matching ratios if a Contractor fails to report sufficient match.
ARTICLE IX. SUBCONTRACTS
A. The Contractor must obtain approval from the Agency on Aging prior to awarding any subcontracts for services contracted in this Agreement.
B. The Contractor shall not obligate funds for this Agreement in any subcontracts for service beyond the ending date of this Agreement.
C. The Contractor shall have no authority to contract for, or on behalf of, or incur obligations on behalf of the State of California or the Agency on Aging.
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D. The Contractor shall maintain on file copies of subcontracts, memorandums, and/or Letters of Understanding which shall be made available for review at the request of the Agency on Aging.
E. The Contractor shall require language in all subcontracts to require all subcontractors to comply with all applicable State and federal laws.
F. The Contractor shall require its subcontractors under this Agreement, other than units of local government which are similarly self-insured, to maintain adequate insurance coverage for general liability, Workers Compensation liabilities, and if appropriate, automobile liability including non-owned automobile and professional liability, and further, the Contractor shall require all of its subcontractors to hold the Contractor harmless. The subcontractor’s Certificate of Insurance for general and automobile liability shall also name the Contractor, not the Agency on Aging, as the certificate holder and additional insured. The Contractor shall maintain Certificates of Insurance for all of its subcontractors.
G. The Contractor shall require language in all subcontracts to require all subcontractors to indemnify, defend, and save harmless the Agency on Aging, its officers, agents, and employees from any and all claims and losses accruing to or resulting from any contractors, subcontractors, suppliers, laborers, and any other person, firm, or corporation furnishing or supplying work services, materials, or supplies in connection with any activities performed for which funds from this Agreement were used and from any and all claims and losses accruing or resulting to any person, firm, or corporation who may be injured or damaged by the subcontractor(s) in the performance of this Agreement.
H. The Contractor shall ensure that the subcontractor will complete all reporting and expenditure documents requested by the Agency on Aging. These reporting and expenditure documents shall be sent to the Contractor in a timely manner and at intervals as determined by the Agency on Aging.
I. The Contractor shall require all subcontractors to maintain adequate staff to meet the subcontractor’s agreement with the Contractor. This staff shall be available to the California Department of Aging and the Agency on Aging for training and meetings, which the California Department of Aging or the Agency on Aging may find necessary from time to time.
J. If a private non-profit corporation, the subcontractor shall be in good standing with the Secretary of State of California and shall maintain that status throughout the term of the Agreement.
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K. Small contracts (under $100,000) in the aggregate do not require a competitive process [CCR 7352(g)]. In the case of small contracts, a contractor only obtain a price or rate quotations from a number of qualified sources and informally select the source with which to contract or obtain the purchase.
1. Pre-Award Review: The Contractor shall submit the following to the Agency on Aging for review and approval for small contracts (under $100,000 in the aggregate) to a for profit entity:
a. Documentation that the aggregate value of the contract with any entity is less than $100,000.
b. A completed CDA 2000 (Conflict of Interest Disclosure Form) that discloses whether a potential or actual conflict of interest exists. c. Copies of the price or rate quotations received from qualified sources.
2. The Agency on Aging will provide a determination letter within fifteen (15) days of receipt of all required documentation confirming that the contractor has satisfied the requirements of a noncompetitive award to a for-profit entity or will provide detail as to the requirement(s) that have not been met.
3. The Contractor must maintain all documentation on file that supports a noncompetitive award to a for-profit entity, as well as the Agency on Aging’s determination letter.
L. Contracts over $100,000 in the aggregate for any entity must follow a competitive process [CCR 7352].
M. The contractor shall, prior to the awarding of a subcontract to any for-profit entity, submit the following to Agency on Aging for review and approval:
1. The request for Proposal (RFP) or Invitation to Bid
2. All bid proposals received
3. The proposal or bid evaluation documentation, along with the contractor’s rationale for awarding the subcontract to a for-profit entity [22 CCR 7362].
4. Description and documentation of dissemination of
information concerning the RFP to elicit adequate
competition [22 CCR 7356].
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Where a program may be subcontracted to a for-profit organization, the AAA should include in its contract with the for-profit entity, a requirement for performance of a program specific audit of the subcontracted program by an independent audit firm.
N. The contractor shall refer to 2 CFR 200.331, Subpart D-Subrecipient and Contractor Determinations and 45 CFR 75.351, Subpart D-Subrecipient and Contractors Determinations in making a determination if a subcontractor relationship exists. If such a relationship exists, then the contractor shall follow the procurement requirements in the applicable Office of Management and Budgets (OMB) Circular.
O. The contractor shall utilize procurement procedures as follows:
1. The contractor shall obtain goods and services through open and competitive awards. Each contractor shall have written policies and procedures, including application forms, for conducting an open and competitive process, and any protests resulting from the process.
2. For goods and services purchased with Title III or Title VII funds, the procurement procedures must include, at a minimum, the requirements set forth in 22 CCR 7352. The only exceptions are contained in 22 CCR 7360(a) and 22 CCR 7360(d). The contractor issuing a noncompetitive award must comply with 22 CCR 73600 (b)-(d).
ARTICLE X. RECORDS AND REPORTS
A. Records
1. The Contractor shall maintain complete records which shall include, but not be limited to, accounting records, contracts, agreements, a reconciliation of the Financial Closeout Report to the audited financial statements, and a summary worksheet identifying the results of performing audit resolution of its subcontractors in accordance with Article XIV, Audit Requirements, of this Agreement. This includes the following: Letters of agreement, insurance documentation, Memorandums and/or Letters of Understanding, patient or client records, and electronic files of its activities and expenditures hereunder in a form satisfactory to the Agency on Aging. All records pertaining this Agreement must be made available for inspection and audit by the Agency on Aging or its duly authorized agents, at any time during normal business hours.
2. All such records, including confidential records, must be maintained and made available by the Contractor as follows:
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a. Until an audit of the July 1, 2024 through June 30, 2025 period of expenditures has occurred and an audit resolution has been issued or unless otherwise authorized in writing by the Agency on Aging or the California Department of Aging’s Audit and Risk Management Branch;
b. For such longer period, if any, as is required by applicable statute, by any other clause of this Agreement, or by Sections 3 and 4 of this Article; and
c. For such longer period as the Agency on Aging or the State deems necessary.
3. If this Agreement is completely or partially terminated, the records relating to the work terminated shall be preserved and made available for the same periods as in Sections A.2.a through A.2.c of this Article. The Contractor shall ensure that any resource directories and all client records remain the property of the Agency on Aging upon termination of this Agreement, and are returned to the Agency on Aging or transferred to another Contractor as instructed by the Agency on Aging.
4. In the event of any litigation, claim, negotiation, audit exception, or other action involving the records, such records shall be maintained and kept available until every action has been cleared to the satisfaction of the Agency on Aging and the State and so stated in writing to the Contractor.
5. Adequate source documentation of each transaction shall be maintained relative to the allowability of expenditures reimbursed by the Agency on Aging under this Agreement. Source documentation includes, but is not limited to: vendor invoices, bank statements, cancelled checks, bank/credit card statements, contracts and agreements, employee time sheets, purchase orders, indirect cost allocation plans.
6. All records containing confidential information shall be handled in a confidential manner in accordance with the requirements for information integrity and security, and in accordance with guidelines set forth in this section. After the authorized period has expired, confidential records shall be shredded and disposed of in a manner that will maintain confidentiality.
B. Reports
1. The Contractor shall prepare and submit fiscal and performance reports as designated in Appendix E, Required Reports and Due Dates. Reports shall be submitted on forms in a format approved by the Agency on Aging.
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2. The Contractor shall assure that all fiscal and program data submitted to the Agency on Aging are timely, complete, accurate, and verifiable.
3. If supporting documentation is required as stated in Article XIV, Audit Requirements, all such documentation must accompany the monthly expenditure report.
4. All Program Income received by the Contractor shall be included on the monthly expenditure report, and expenditures supported by Program Income shall be stated in the appropriate column. Program Income shall be tracked on a “first in-first out” method. Unspent Program Income shall not exceed the equivalent of thirty (30) days average Program Income.
5. The Contractor shall cross-train staff on program data collection and reporting requirements in the event of planned or unplanned prolonged absences to ensure timely and accurate submission of data.
ARTICLE XI. PROPERTY
A. Unless otherwise provided for in this Article, property refers to all assets used in operation of this Agreement.
1. Property includes land, buildings, improvements, machinery, vehicles, furniture, tools, intangibles, etc.
2. Property does not include consumable office supplies such as paper, pencils, toner cartridges, file folders, etc.
B. Property acquired under this Agreement, which meets any of the following criteria, is subject to the reporting requirements:
1. Has a normal useful life of at least one (1) year and has a unit acquisition cost of at least $5,000 (a desktop or laptop setup is considered a unit, if purchased as a unit).
2. 3.
All computing devices, regardless of cost (including, but not limited to, workstations, servers, laptops, personal digital assistants, notebook computers, tablets, smartphones, and cellphones).
All Portable electronic storage media, regardless of cost (including but not limited to, thumb/flash drives and portable hard drives).
C. Intangibles are property which lack physical substance but give valuable rights to the owner. Examples of intangible property include patents, copyrights, leases, and computer software. By contrast, hardware consists of tangible Area Plan Grant Award 44 FY 2024-2025
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equipment (e.g., computer printer, terminal, etc.). Costs include all amounts incurred to acquire and to ready the intangible asset for its intended use.
Typical intangible property costs include the purchase price, legal fees, and other costs incurred to obtain title to the asset.
D. Equipment/Property with per unit cost over $5,000 or any computing devices, regardless of cost, requires justification from the Contractor and approval from the California Department of Aging. The Contractor must submit a detailed listing of planned Equipment/Property purchases in its budget to the Agency on Aging (Schedule of Program/Site Supplies and Equipment Purchases, page 4 of Exhibit B, Budget). Please note an approved budget is not approval for equipment purchases. The Agency on Aging will notify the Contractor when the California Department of Aging has rendered an approval decision.
E. The Contractor shall report property acquired with funds provided under this Agreement to the Agency on Aging:
1. Title III B, Title III C, and Title VII (b): On the Monthly Report of Expenditures and Donations Revenue for the month in which the property was acquired.
2. Title III E: On the Title III E Monthly Report of Expenditures (for the Family Caregiver Support Program) for the month in which the property was acquired.
3. Long-Term Care Ombudsman Program: On the Budget
Summary/Monthly Expenditure Report and Request for Funds, Special Deposit Fund (SDF) & Skilled Nursing Facility Quality & Accountability Fund (SNFQAF) (CDA-OMB-300) for the month in which the property was acquired.
F. The Contractor shall attach receipts for the property and a list of the following information for each item of property acquired: Date acquired; complete description; model number; serial number (if applicable); cost or other basis of valuation; fund source; and specific location of the property.
G. The Contractor shall maintain a cumulative inventory, including the Asset Tag number and all information required by Section F of this Article, of all property furnished or purchased by the Contractor with funds awarded under the terms of this Agreement or any predecessor agreement for the same purpose.
H. The Contractor shall affix the Asset Tag provided by the Agency on Aging to tangible property upon receipt of the asset tag from the agency, which identifies the property as State of California property. The Contractor shall enter the Asset Tag number on the cumulative inventory records maintained by the Contractor for this Agreement.
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I. The Contractor shall conduct an annual physical inventory of all property furnished or purchased by the Contractor with funds awarded under the terms of this Agreement or any predecessor agreement for the same purpose, and submit Fixed Assets Acquired through Grants with the Fresno-Madera Area Agency on Aging (FMAAA 32) with the annual Financial Closeout Report to the Agency on Aging. Corresponding reconciliation must be kept on file and available for review by the Agency on Aging.
J. Prior to disposal of any property purchased by the Contractor or subcontractor with funds from this Agreement or any predecessor Agreement, the Contractor must obtain approval from the California Department of Aging, through the Agency on Aging, for all reportable property as defined in Section B of this Article. The Contractor shall submit a Request to Dispose of Property (FMAAA 248) to the Agency on Aging to request disposal of property.
Disposition, which includes sale, trade-in, discarding, or transfer to another agency, may not occur until approval is provided by the California Department of Aging and the Agency on Aging notifies the Contractor of the State’s instructions for disposition of property (CDA 248) to [email protected] Once property has been disposed as per the State’s authorization and instructions, the item(s) shall be removed from the Contractor’s inventory report. Property is not to be disposed of until both the CDA 248 and STD 152 have been approved by CDA. Contractor will be liable for repayment of purchase price of equipment if Contractor disposes of equipment without prior approval from Agency on Aging and CDA.
K. The Contractor must sanitize property (remove all confidential, sensitive, or personal information) prior to disposal, including removal or destruction of data on computing devices with digital memory and storage capacity. This includes, but is not limited to, magnetic tapes, personal computers, personal digital assistants, cell or smart phones, multi-function printers, and laptops. The Contractor must attach documentation of sanitation of such devices to the Request to Dispose of Property (FMAAA 248) requesting property disposal.
L. Any loss, damage, or theft of equipment shall be investigated and fully documented, and the Contractor shall promptly notify the Agency on Aging and shall provide copies of investigative documentation and police reports as requested by the California Department of Aging. In addition, the Contractor shall complete a Request to Dispose of Property (FMAAA 248) and provide it to the Agency on Aging.
M. The State reserves title to all property purchased or financed with funds provided through the Agency on Aging that is not fully consumed in the performance of this Agreement, including property acquired with grant funds, Area Plan Grant Award 46 FY 2024-2025
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matching funds, monetary donations, and in-kind donations as entered on the budget, budget revisions, and/or closeout report for this Agreement, unless otherwise required by federal law or regulations.
N. The Contractor shall exercise due care in the use, maintenance, protection, and preservation of such property during the period of the project, and shall assume responsibility for replacement or repair of such personal property during the period of the project and until the Contractor has complied with all written instructions from the Agency on Aging regarding the final disposition of the property.
O.
P.
In the event of the Contractor’s dissolution, or upon termination of this Agreement, the Contractor shall provide a final property inventory to the Agency on Aging. The Agency on Aging reserves the right to require the Contractor to transfer such property to another entity, or to the Agency on Aging.
To exercise the above right, no later than one hundred twenty (120) days after termination of this Agreement or notification of the contractor’s dissolution, the AAA will issue specific written disposition instructions to the contractor.
Q. The Contractor shall use the property for the purpose for which it was intended under this Agreement.
R.
S.
The Contractor shall not use equipment or supplies acquired under this Agreement with federal and/or State monies for personal gain or to usurp the competitive advantage of a privately-owned business entity.
If purchase of property is a reimbursable item, the property to be purchased will be specified on an approved Budget.
T. The Contractor shall include the provisions contained in this Article in all its subcontracts awarded under this Agreement.
ARTICLE XII. ACCESS
A. The Contractor shall provide access to the Agency on Aging, federal or State contracting agency, Bureau of State Audits, the Comptroller General of the United States, or any of their duly authorized federal or State representatives to any books, documents, papers, and records of the Contractor or subcontractor which are directly pertinent to this specific Agreement for the purpose of an audit, examination, excerpts, and transcriptions. The Contractor shall include this requirement in its subcontracts.
ARTICLE XIII. MONITORING AND EVALUATION
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A. Welfare and Institution Code (WIC) (Division 8.5 Mello-Granlund Older Californians Act [9000 – 9757.5] Chapter 2. California Department of Aging [9100-9118.5] Article 1. General provisions [9100-9114] Section 9102 (a)) states that the State Unit of Aging shall administer all programs under the Older Americans Act of 1965, as amended, and this division, including providing ongoing oversight, monitoring, and service quality evaluation to ensure that service providers are meeting standards of service performance established by the department.
The Agency on Aging and Office of the Long-Term Care Ombudsman conduct onsite/remote monitoring visits to ensure that the contractor(s) are in compliance with all federal and State laws, regulations, policies, contracts or grant agreements (Administrative); Performance goals are achieved (Program); and Federal awards are used for authorized purposes (Fiscal).
Comprehensive onsite/remote assessments are conducted at a minimum once every four years as resource permit.
B. Authorized State representatives and the Agency on Aging shall have the right to monitor and evaluate the Contractor’s administrative, fiscal and program performance pursuant to this Agreement. Said monitoring and evaluation may include, but is not limited to, administrative processes, fiscal, data and procurement components. This will include policies, procedures, procurement, audits, inspections of project premises, interviews of project staff and participants, and when applicable, inspection of food preparation sites.
C. The Contractor shall cooperate with the State and the Agency on Aging in the monitoring and evaluation processes, which include making any administrative, program and fiscal staff available during any scheduled process.
D. The Contractor shall monitor contracts and subcontracts to ensure compliance with laws, regulations, and the provisions of contracts that may have a direct and/or material effect on each of its Agency on Aging funded programs.
E. The Contractor is responsible for maintaining supporting documentation including financial and statistical records, contracts, subcontracts, monitoring reports, and all other pertinent records until an audit has occurred and an audit resolution has been issued or unless otherwise authorized in writing by CDA or the Agency on Aging.
F. Review, approve, and monitor its subcontractor budgets and expenditures and any subsequent amendments and revision to budgets, To the extent feasible, ensure that all budgeted funds are fully expended by the end of each fiscal year.
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ARTICLE XIV. AUDIT REQUIREMENTS
A. General
1. Any duly authorized representative of the federal or State government, which includes but is not limited to the State Auditor, CDA Staff, the Agency on Aging, and any entity selected by the State to perform inspections, shall have the right to monitor and audit Contractor and all subcontractors providing services under this Agreement through on-site inspections, audits, and other applicable means the State determines necessary. In the event that CDA is informed of an audit by an outside federal or State government entity affecting the Contractor, CDA and/or the Agency on Aging will provide timely notice to the Contractor.
2. Contractor shall make available all reasonable information necessary to substantiate that expenditures under this agreement are allowable and allocable, including, but not limited to accounting records, vendor invoices, bank statements, cancelled checks, bank/credit card statements, contracts and agreements, employee time sheets, purchase orders, indirect cost allocation plans. Contractor shall agree to make such information available to the federal government, the State, the Agency on Aging, or any of their duly authorized representatives, including representatives of the entity selected by State to perform inspections, for examination, copying, or mechanical reproduction, on or off the premises of the appropriate entity upon a reasonable request.
3. All agreements entered into by Contractor and subcontractors with audit firms for purposes of conducting independent audits under this Agreement shall contain a clause permitting any duly authorized representative of the federal or State government and the Agency on Aging access to the supporting documentation of said audit firm(s).
4. The Contractor shall cooperate with and participate in any further audits which may be required by the State, including CDA and Agency on Aging fiscal and compliance audits.
B. CDA Fiscal and Compliance Audits
1. The CDA Audits and Risk Management Branch shall perform fiscal and compliance audits of Contractors in accordance with Generally Accepted Government Auditing Standards (GAGAS) to ensure compliance with applicable laws, regulations, grants, and contract requirements.
2. The CDA fiscal and compliance audits may include, but not be limited to, a review of:
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a. Financial closeouts (2 CFR §200.1 and 45 CFR §75.2). b. Internal controls (2 CFR §200.303 and 45 CFR §75.303). c. Allocation of expenditures (2 CFR §200.1 and 45 CFR §75.2). d. Allowability of expenditures (2 CFR §200.403 and 45 CFR §75.403). e. Equipment expenditures and approvals, if required (2 CFR §200.439 and 45 CFR §75.439).
C. Contractor Single Audit Reporting Requirements
1. Contractors that expend $750,000 or more in federal funds shall arrange for an audit to be performed as required by the Single Audit Act of 1984, Public Law 98-502; the Single Audit Act Amendments of 1996, Public Law 104-156; 2 CFR §200.501 to 200.521; and 45 CFR §75.501 to
75.521. A copy shall be submitted to the Agency on Aging’s mailing address:
Fresno-Madera Area Agency on Aging
2037 West Bullard Avenue #512
Fresno, California 93711
2. The copy shall be submitted within thirty (30) days after receipt of the auditor’s report or nine (9) months after the end of the audit period, whichever occurs first, or unless a longer period is agreed to in advance by the cognizant or oversight agency.
3. For purposes of reporting, the Contractor shall ensure that State-funded expenditures are displayed discretely along with the related federal expenditures in the single audit report’s “Schedule of Expenditures of Federal Awards” (SEFA) under the appropriate Catalog of Federal Domestic Assistance (CFDA) number as referenced in Section L of this Article.
4. For State contracts that do not have CFDA numbers, the Contractor shall ensure that the State-funded expenditures are discretely identified in the “Schedule of Expenditures of Federal Awards” by the appropriate program name, identifying Agency on Aging grant/contract number, and as passed-through the California Department of Aging.
D. The Contractor shall perform a reconciliation of the “Financial Closeout Report” to the audited financial statements, single audit, and general ledgers.
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The reconciliation shall be maintained and made available for Agency on Aging and CDA review.
E. Contractor Resolution of Contractor’s Subrecipients
The Contractor shall have the responsibility for resolving its contracts with subcontractors to determine whether funds approved under this Agreement are expended in accordance with applicable laws, regulations, and provisions of contracts or agreements. The Contractor shall, at a minimum, perform Contract Resolution with fifteen (15) months of the “Financial Closeout Report.”
F. The Contractor shall ensure that subcontractor single audit reports meet 2 CFR §200 and 45 CFR §75, Subparts F-Audit Requirements.
G. Contract resolution includes:
1. Ensuring that subcontractors expending $750,000 or more in federal awards during the subcontractor’s fiscal year have met the audit requirements of 2 CFR §200.501-200.521 and 45 CFR §75.501-75.521.
2. Issuing a management decision on audit findings within six (6) months after receipt of the subcontractor’s single audit report and ensuring that the subcontractor takes appropriate and timely corrective action;
3. Reconciling expenditures reported to the Agency on Aging to the amounts identified in the single audit or other type of audit, if the Contractor was not subject to the single audit requirements. For a Contractor who was not required to obtain a single audit and did not obtain another type of audit, the reconciliation of expenditures reported to the Agency on Aging must be accomplished through performing alternative procedures (e.g., risk assessment [2 CFR §200.331 and 45 CFR §75.352]; documented review of financial statements; and documented expense verification, including match; etc.).
H. When alternative procedures are used, the Contractor shall perform financial management system testing which provides, in part, for the following:
1. Accurate, current, and complete disclosure of the financial results of each federal award or program.
2. Records that identify adequately the source and application of funds for each federally funded activity.
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3. Effective control over, and accountability for, all funds, property, and other assets to ensure these items are used solely for authorized purposes.
4. Comparison of expenditures with budget amounts for each federal award.
5. Written procedures to implement the requirements of 2 CFR §200.305.
6. Written procedures for determining the allowability of costs in accordance with 2 CFR §200 and 45 CFR §75, Subparts E-Cost Principles. [2 CFR §200.302 and 45 CFR §75.302]
7. The Contractor shall document system and expense testing to show an acceptable level of reliability, including a review of actual source documents.
8. Determining whether the results of the reconciliations performed necessitate adjustment of the Contractor’s own records.
I. The Contractor shall ensure that subcontractor single audit reports meet 2 CFR §200 and 45 CFR §75, Subparts F – Audit Requirements:
1. Performed timely: Not less frequently than annually and a report submitted timely. The audit is required to be submitted within thirty (30) days after receipt of the auditor’s report or nine (9) months after the end of the audit period, whichever occurs first. [2 CFR §200.512 and 45 CFR §75.512]
2. Properly procured: Use procurement standards for auditor selection. [2 CFR §200.509 and 45 CFR §75.509]
3. Performed in accordance with Generally Accepted Government Auditing Standards. [2 CFR §200.514 and 45 CFR §75.514]
4. All inclusive: Includes an opinion (or disclaimer of opinion) of the financial statements; a report on internal control related to the financial statements and major programs; an opinion (or disclaimer of opinion) on compliance with laws, regulations, and the provisions of contracts; and the schedule of findings and questioned costs. [2 CFR §200.515 and 45 CFR §75.515]
5. Performed in accordance with provisions applicable to this program as identified in 2 CFR §200, and 45 CFR §75, Subpart F-Audit Requirements.
J. Requirements identified in this Article shall be included in Contractor’s contracts with Subcontractors. Further, the Contractor shall be required to include in its contract with the independent auditor that the auditor will comply Area Plan Grant Award 52 FY 2024-2025
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with all applicable audit requirements/standards; Agency on Aging shall have access to all audit reports and supporting work papers, and Agency on Aging has the option to perform additional work, as needed.
K. The Contractor shall prepare a summary worksheet of results from the contract resolutions performed of all subcontractors. The summary worksheet shall include, but not limited to contract amounts; amounts resolved; amounts of match verified, resolution of variances; recovered amounts; whether an audit was relied upon or the contractor performed an independent expense verification review (alternative procedures) of the Contractor/Subcontractor in making a determination; whether audit findings were issued; an if applicable, issuance date of the management letter; and any communication or follow-up performed to resolve the findings.
L. A reasonably proportionate share of the costs of audits required by, and performed in accordance with the Single Audit Act Amendments of 1996, as implemented by requirements of this part, are allowable. However, the following audit costs are unallowable:
1. Any costs when audits required by the Single Audit Act, 2 CFR §200 and 45 CFR §75, Subparts F – Audit Requirements have not been conducted or have been conducted but not in accordance therewith; and
2. Any costs of auditing a non-federal entity that is exempted from having an audit conducted under the Single Audit Act, 2 CFR §200 and 45 CFR §75, Subparts F – Audit Requirements because its expenditures under federal awards are less than $750,000 during the non-federal entity’s fiscal year. a. The costs of a financial statement audit of a non-federal entity that does not currently have a federal award may be included in the indirect cost pool for a cost allocation plan or indirect cost proposal. b. Pass-through entities may charge federal awards for the cost of agreed-upon-procedures engagements to monitor subcontractors who are exempted from the requirements of the Single Audit Act, 2 CFR §200 and 45 CFR §75, Subparts F – Audit Requirements. This cost is allowable only if the agreed-upon-procedures engagements are conducted in accordance with Generally Accepted Government Auditing Standards (GAGAS) attestation standards, paid for and arranged by the pass-through entity, and limited in scope to one or more of the following types of compliance requirements: Activities allowed or not allowed; allowable costs/cost principles; eligibility; and reporting. [2 CFR 200.425]
M. This Section B applies only to Title III and Title VII.
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The following closely related programs identified by CFDA number are to be considered as an “other cluster” for purposes of determining major programs or whether a program-specific audit may be elected. The Contractor shall identify the CFDA titles and numbers to the independent auditor conducting the organization’s single audit along with each of its subcontractors. The funding source (Federal Grantor) for the following programs is the U.S.
Department of Health and Human Services, Administration for Community Living.
93.041 Special Programs for the Aging – Title VII-A, Chapter 3 – Programs for Prevention of Elder Abuse, Neglect, and
Exploitation (Title VII-A, Chapter 3)
93.042 Special Programs for the Aging – VII-A, Chapter 2 – Long Term Care Ombudsman Services for Older Individuals Title VII-A, Chapter 2)
93.043 Special Programs for the Aging – Title III, Part D – Disease Prevention and Health Promotion Services (Title III D)
93.044 Special Programs for the Aging – Title III, Part B – Grants for Supportive Services and Senior Centers (Title III B)
93.045 Special Programs for the Aging – Title III, Part C – Nutrition Services (Title III C)
93.052 National Family Caregiver Support Program – Title III, Part E (Title III E)
93.053 Nutrition Services Incentive Program (NSIP)
“Cluster of programs” means a grouping of closely related programs that share common compliance requirements. The types of clusters of programs are research and development, student financial aid, and other clusters. “Other clusters” are defined by the consolidated CFR in the Compliance Supplement or as designated by a state for federal awards provided to its subcontractors that meet the definition of “cluster of programs.” When designating an “other cluster,” a state shall identify the federal awards included in the cluster and advise the subcontractors of compliance requirements applicable to the cluster. A “cluster of programs” shall be considered as one program for determining major programs, as described in 45 CFR §75.525(a), whether a program-specific audit may be elected. (Federal Office of Management and Budget, [45 CFR §75 Requirements], Audits of States, Local Governments [45 CFR §75 Appendix V to Part 75 F.1], and Non-Profit Organizations [45 CFR §75 Appendix IV to Part 75 C.2.a])
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M. The Contractor must indicate which method of providing audit compliance will be in force during this Agreement (Appendix D, Method of Providing Audit Compliance).
ARTICLE XV. INSURANCE
A. Prior to commencement of any work under this Agreement, the Contractor shall provide for the term of this Agreement, the following insurance:
1. General Liability of not less than $1,000,000 per occurrence for bodily injury and property damage combined (higher limits may be required by the Agency on Aging in cases of higher than usual risks).
2. Automobile Liability, including non-owned automobile liability, of not less than $1,000,000 for volunteers and paid employees providing services supported by this Agreement.
If applicable, or unless otherwise amended by future regulation, the Contractor and subcontractors shall comply with the Public Utilities Commission General Order No. 115-G which requires higher levels of insurance for charter-party carriers of passengers and is based on seating capacity as follows:
• $ 750,000 if seating capacity is under 8.
• $1,500,000 if seating capacity is 8–15.
• $5,000,000 if seating capacity is over 15.
3. Professional Liability of not less than $1,000,000 as it appropriately relates to services rendered. Coverage shall include medical malpractice and/or errors and omissions. (All programs except Title V).
B.
The insurance will be obtained from an insurance company acceptable to the State Department of General Services, Office of Risk and Insurance Management, or be provided through partial or total self-insurance acceptable to the State Department of General Services (DGS).
C. Evidence of insurance shall be in a form and content acceptable to the State Department of General Services, Office of Risk and Insurance Management.
D The Contractor shall notify the Agency on Aging within five (5) business days of any cancellation, non-renewal, or material change that affects required insurance coverage.
E. Insurance obtained through commercial carriers shall meet the following requirements:
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1. The Certificate of Insurance shall include the Contract Number listed on page 1 of this Agreement and provide the statement:
“The Fresno-Madera Area Agency on Aging, its officers, agents, employees, and servants are included as additional insureds, with respect to work performed for the Fresno-Madera Area Agency on Aging under this Agreement.”
Professional Liability coverage is exempt from this requirement.
2. The Fresno-Madera Area Agency on Aging shall be named as the certificate holder and its mailing address (2037 West Bullard Avenue, #512, Fresno, CA 93711) must be listed on the certificate.
F. The insurance provided herein shall be in effect at all times during the term of this Agreement. In the event the insurance coverage expires during the term of this Agreement, the Contractor agrees to provide the Agency on Aging, at least thirty (30) days prior to the expiration date, a new Certificate of Insurance evidencing insurance coverage as provided herein for a period not less than the remaining Agreement term or for a period not less than one (1) year. In the event the Contractor fails to keep in effect at all times said insurance coverage, the Agency on Aging may, in addition to any other remedies it may have, terminate this Agreement.
G. A copy of each appropriate Certificate of Insurance, or letter of self-insurance, referencing this Agreement number shall be submitted to the Agency on Aging with this Agreement.
H. The Contractor shall be insured against liability for Worker’s Compensation, or undertake self-insurance in accordance with the provisions of the California Labor Code and Contractor affirms to comply with such provisions before commencing the performance of the work of this Agreement. [Cal. Labor Code §3700]
I. The entity providing Ombudsman services must be insured or self-insured for professional liability covering all Ombudsman activities including, but not limited to, investigation of patient complaints.
J. Contractor agrees to indemnify, defend, and save harmless the FresnoMadera Area Agency on Aging, State of California, their officers, agents, and employees from any and all claims and losses occurring or resulting to any and all Contractors, subcontractors, material, laborers, and any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of this Agreement, and also from any and all claims and losses occurring or resulting in any person, firm or corporation, Area Plan Grant Award 56 FY 2024-2025
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who may be injured or damaged by Contractor in the performance of this Agreement.
ARTICLE XVI. DONATIONS
A. The Contractor assures that voluntary contributions shall be allowed and may be solicited in accordance with the following requirements [OAA §315(b)]:
1. The Contractor or any subcontractors for any Title III or Title VII-A services shall not use means tests.
2. Any Title III or Title VII-A client who does not contribute toward the cost of the services received shall not be denied services.
3. Methods used to solicit voluntary contributions for Title III and Title VII-A services shall be non-coercive. Donation letters sent to clients shall stipulate that contributions are voluntary and not required to receive service. Donation letters may not resemble a bill or statement.
4. Each Contractor will:
a. Provide each recipient with an opportunity to voluntarily contribute to the cost of the service;
b. Clearly inform each recipient that there is no obligation to contribute and that the contribution is purely voluntary;
c. Protect the privacy and confidentiality of each recipient with respect to the recipient’s contribution or lack of contribution; and d. Establish appropriate procedures to safeguard and account for all contributions.
e. Use all collected contributions to expand the services for which the contributions were given and to supplement (not supplant) funds received under this Agreement.
ARTICLE XVII. TERMINATION
A. Termination Without Cause
1. The Agency on Aging may terminate performance of work under this Agreement at any time during the Agreement term, without cause in whole or in part, if the Agency on Aging determines that a termination is in the Agency on Aging’s best interest, upon ninety (90) days written notice to the Contractor. The Notice of Termination shall specify the Area Plan Grant Award 57 FY 2024-2025
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extent of the termination and shall be effective ninety (90) days from the delivery of the Notice.
The Agency on Aging may, at its discretion, decline to negotiate additional one-year Agreement periods with the Contractor beyond the initial one-year contract award term, or, as a result of the Request for Proposal process, reject the Contractor’s proposal for provision of service beyond the term of this Agreement; in such cases, the Agency on Aging shall provide a minimum of thirty (30) days written notice to the Contractor of non-renewal or non-award of the contract, effective on the last day of the term of this Agreement.
The parties agree that if the termination of the contract is due to a reduction or deletion of funding by the Department of Finance (DOF), Legislature, or Congress, the Notice of Termination shall be effective thirty (30) days from the delivery of the Notice from the State of California to the Agency on Aging.
The parties agree that for the terminated portion of the Agreement, the remainder of Agreement shall be deemed to remain in effect and is not void.
2. The Contractor may terminate this Agreement at any time during the Agreement term by giving the Agency on Aging ninety (90) days written notice. In the event of termination notice, the Agency on Aging will present written notice to the Contractor of any condition, such as, but not limited to, transfer of clients, care of clients, return of unspent funds, and disposition of property, which must be met prior to termination of the Agreement.
3. Contractor shall, at least ninety (90) days prior to the end of the term of this Agreement, give written notice to the Agency on Aging if it intends to discontinue provision of any programs or services included in this Agreement during the subsequent Agreement period. The purpose of this requirement is to provide sufficient planning and transition time during the course of this Agreement period to ensure continuity of services to clients.
B. Termination for Cause
1. The Agency on Aging may terminate, in whole or in part, for cause the performance of work under this Agreement. Agency on Aging mat terminate this agreement upon thirty (30) days written notice to the contractor. The Notice of Termination shall be effective thirty (30) days from the delivery of the Notice of Termination unless the grounds for Area Plan Grant Award 58 FY 2024-2025
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termination are due to threat to life, health or safety of the public and in that case, the termination shall take effect immediately. The Contractor shall submit to the Agency on Aging a Transition Plan as specified in this agreement. The grounds for termination for cause shall include, but are not limited to, the following:
a. In case of threat of life, health, or safety to the public, termination of the agreement shall be effective immediately.
b. A violation of the law or failure to comply with any condition of this Agreement.
c. Inadequate performance or failure to make progress so as to endanger performance of this Agreement.
d. Failure to comply with reporting requirements.
e. Evidence that the Contractor is in an unsatisfactory financial condition as determined by an audit of the Contractor or evidence of a financial condition that endangers performance of this Agreement and/or the loss of other funding sources.
f. Delinquency in payment of taxes or payment of costs for performance of this Agreement in the ordinary course of business. g. Appointment of a trustee, receiver, or liquidator for all or a substantial part of the Contractor’s property, or institution of bankruptcy, reorganization or the arrangement of liquidation proceedings by or against the Contractor.
h. Service of any writ of attachment, levy of execution, or commencement of garnishment proceedings against the
Contractor’s assets or income.
i. The commission of an act of bankruptcy.
j. Finding of debarment or suspension.
k. The Contractor’s organizational structure has materially changed. l. The Agency on Aging determines that the Contractor may be considered a “high risk” agency as described in 2 CFR 200.205 AND 45 CFR 75.205. If such a determination is made, the Contractor may be subject to special conditions or restrictions, as described in Appendix F, Sanction Policy.
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m. Program operations have been suspended for more than three (3) consecutive months in any budget year, unless a longer period is granted in writing by the Agency on Aging.
2. Termination of this Agreement shall take effect immediately in the case of an emergency, such as threat to life, health, or safety of the public, or when program operations have been suspended for more than three (3) consecutive months in any budget year. In all other cases of termination for cause, the termination shall take effect thirty (30) days subsequent to written notice to the Contractor.
3. In the event of termination for cause, the Agency on Aging may proceed with the work in any manner deemed proper by the State. All costs to the Agency on Aging shall be deducted from any sum due the Contractor under this agreement and the balance, if any, shall be paid to the Contractor upon demand.
C. In the event of termination of this Agreement by the Agency on Aging, the Agency will present written notice to the Contractor describing the action being taken by the Agency on Aging, the reason for such action, and any conditions of the termination, including, but not limited to, the date of termination, transfer of clients, care of clients, return of unspent funds, and disposition of property, which must be met prior to termination. Said notice shall also inform the Contractor of its right to appeal such decision to the Agency on Aging and of the procedure for doing so. (Appendix G, Appeal Procedure for Service Providers)
D. Contractor’s Obligation After Notice of Termination
1. After receipt of a notice of termination, and except as directed by the Agency on Aging, the Contractor shall immediately proceed with the following obligations, as applicable, regardless of any delay in determining or adjusting any funds due under this clause.
The Contractor shall:
a. Stop work as specified in the Notice of Termination; b. Place no further subcontracts for materials, or services, except as necessary to complete the continued portion of the contract; c. Terminate all subcontracts to the extent they relate to the work terminated;
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d. Settle all outstanding liabilities and termination settlement proposals arising from the termination of subcontracts (the approval or ratification of which will be final for purposes of this clause); and e. Comply with all additional terms of this Agreement pertaining to termination or cancellation of the Agreement.
ARTICLE XVIII. REMEDIES AND APPEAL PROCESS
A. The Contractor agrees that any remedy provided in this Agreement is in addition to and not in derogation of any other legal or equitable remedy available to the Agency on Aging as a result of a breach of this Agreement by the Contractor, whether such breach occurs before or after completion of the project. Specifically, the Agency on Aging reserves the right to pursue all remedies allowed to it under the Older Americans Act, and all regulations adopted pursuant to the Act or implementing the Act, regarding the expenditure of federal funds.
B. The Contractor may appeal an adverse determination by the Agency on Aging using the Appeal Procedure for Service Providers, which is set forth in Appendix G, for actions subject to appeal, as defined in Appendix G, Section I.A, Actions Subject to Appeal.
C. The Contractor may appeal the Agency on Aging’s final adverse determination once all administrative remedies contained in Appendix G, Appeal Procedure for Service Providers, have been exhausted, using the appeal process established in Title 22 CCR §7700 to 7710.
D. The Contractor shall continue with the responsibilities under this Agreement during any dispute.
E. Appeal costs or costs associated with any court review are not reimbursable.
ARTICLE XIX. AMENDMENTS, REVISIONS OR MODIFICATIONS
A. No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed, and approved by both parties; the Agency on Aging, and by a duly authorized representative of the Contractor. No oral understanding or agreement not incorporated in this Agreement is binding on any of the parties.
B. Any provision of this Agreement which conflicts with current or future applicable federal or state laws is hereby amended to conform to the provisions of those laws. Such amendment of this Agreement shall be effective on the effective date of the laws necessitating it and shall be binding on the parties even though such amendment may not have been reduced in writing and formally agreed upon and executed by the parties.
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C. Failure by the contractor to take necessary actions required by amendments to this agreement shall constitute a material violation. An amendment is required to change the Contractor’s name as listed on this Agreement. Any notice given to the Agency on Aging for a Contractor’s change of legal name, main address, or name of Director shall be addressed to the Fresno-Madera Agency on Aging’s Executive Director and/or Program Director on the Contractor’s letterhead. Upon receipt of legal documentation of the name change, the Agency on Aging will process the amendment. Invoices presented by the Contractor with the Contractor’s new name cannot be paid prior to the Agency on Aging’s approval of said amendment.
D. The Agency on Aging reserves the right to revise, waive, or modify the Agreement to reflect any restrictions, limitations, or conditions enacted by Congress or the Legislature or as directed by the Executive Branch and State government.
ARTICLE XX. NOTICES
A. Any notice to be given hereunder by either party to the other may be affected by personal delivery in writing or by registered or certified mail, overnight mail, postage prepaid, return receipt requested, provided the contractor retains receipt, and shall be communicated of actual receipt.
B. Notices to the Agency on Aging shall be addressed to the Fresno-Madera Area Agency on Aging at its current mailing address, 2037 West Bullard Avenue, #512, Fresno, CA 93711, and notices to the Contractor shall be addressed to the Contractor’s address as indicated on page 1 of this Agreement, unless otherwise requested in writing.
C. Each party may change its address originally provided in this Agreement by written notice to the other party in accordance with this Article.
Resolution of
Authorization to Contract
Appendix A FY 2024-2025
APPENDIX A
RESOLUTION OF AUTHORIZATION TO CONTRACT
The governing board of
(Service Provider)
hereby authorizes
(Name and Title)
to execute the contract(s) listed on Page 1 of this Agreement with the FresnoMadera Area Agency on Aging for the fiscal year beginning July 1, 2024 to June 30, 2025 including any subsequent amendments and all necessary supporting documents.
Name of Chair (Please Print)
Governing Board
Signature of Chair
Governing Board
Date
APPENDIX B
CONTRACTOR CERTIFICATION CLAUSES
Contractor Certification
Clauses
Appendix B FY 2024-205
Contractor/Bidder Firm Name (Printed) Federal ID Number Date Executed Executed in the County of
CERTIFICATION:
I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective Contractor to the clause(s) listed below. This certification is made under the laws of the State of California.
By (Authorized Signature)
Printed Name and Title of Person Signing
CONTRACTOR CERTIFICATION CLAUSES
1. STATEMENT OF COMPLIANCE: Contractor has, unless exempted, complied with the nondiscrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section 11102) (Not applicable to public entities.)
2. DRUG-FREE WORKPLACE REQUIREMENTS: Contractor will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
1) the dangers of drug abuse in the workplace;
2) the person's or organization's policy of maintaining a drug-free workplace; 3) any available counseling, rehabilitation and employee assistance programs; and, 4) penalties that may be imposed upon employees for drug abuse violations.
APPENDIX B
CONTRACTOR CERTIFICATION CLAUSES
Contractor Certification
Clauses
Appendix B FY 2024-205
c. Every employee who works on the proposed Agreement will:
1) receive a copy of the company's drug-free workplace policy statement; and, 2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement.
Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Contractor may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Contractor has made false certification, or violated the certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et seq.)
3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against Contractor within the immediately preceding two-year period because of Contractor's failure to comply with an order of a Federal court, which orders Contractor to comply with an order of the National Labor Relations Board. (Pub. Contract Code §10296) (Not applicable to public entities.)
4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO REQUIREMENT: Contractor hereby certifies that Contractor will comply with the requirements of Section 6072 of the Business and Professions Code, effective January 1, 2003.
Contractor agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services during each year of the contract equal to the lessor of 30 multiplied by the number of full-time attorneys in the firm’s offices in the State, with the number of hours prorated on an actual day basis for any contract period of less than a full year or 10% of its contract with the State.
Failure to make a good faith effort may be cause for non-renewal of a state contract for legal services, and may be taken into account when determining the award of future contracts with the State for legal services.
5. EXPATRIATE CORPORATIONS: Contractor hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the State of California.
6. SWEATFREE CODE OF CONDUCT:
a. All Contractors contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished
APPENDIX B
CONTRACTOR CERTIFICATION CLAUSES
Contractor Certification
Clauses
Appendix B FY 2024-205
to the state pursuant to the contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The contractor further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108.
b. The contractor agrees to cooperate fully in providing reasonable access to the contractor’s records, documents, agents or employees, or premises if reasonably required by authorized officials of the contracting agency, the Department of Industrial Relations, or the Department of Justice to determine the contractor’s compliance with the requirements under paragraph (a).
7. DOMESTIC PARTNERS: For contracts of $100,000 or more, Contractor certifies that Contractor is in compliance with Public Contract Code section 10295.3.
8. GENDER IDENTITY: For contracts of $100,000 or more, Contractor certifies that Contractor is in compliance with Public Contract Code section 10295.35.
DOING BUSINESS WITH THE STATE OF CALIFORNIA
The following laws apply to persons or entities doing business with the State of California.
1. CONFLICT OF INTEREST: Contractor needs to be aware of the following provisions regarding current or former state employees. If Contractor has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification.
Current State Employees (Pub. Contract Code §10410):
1). No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment. 2). No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services.
Former State Employees (Pub. Contract Code §10411):
1). For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency.
APPENDIX B
CONTRACTOR CERTIFICATION CLAUSES
Contractor Certification
Clauses
Appendix B FY 2024-205
2). For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service.
If Contractor violates any provisions of above paragraphs, such action by Contractor shall render this Agreement void. (Pub. Contract Code §10420) Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub. Contract Code §10430 (e))
2. LABOR CODE/WORKERS' COMPENSATION: Contractor needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Contractor affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700)
3. AMERICANS WITH DISABILITIES ACT: Contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)
4. CONTRACTOR NAME CHANGE: An amendment is required to change the Contractor's name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment.
5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:
a. When agreements are to be performed in the state by corporations, the contracting agencies will be verifying that the contractor is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled.
b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit.
Although there are some statutory exceptions to taxation, rarely will a corporate contractor performing within the state not be subject to the franchise tax.
c. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California. Agencies will determine whether a corporation is in good standing Contractor Certification
Clauses
Appendix B – Page 5 FY 2024-2025
by calling the Office of the Secretary of State.
6. RESOLUTION: A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement.
7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Contractor shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.
8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all contractors that are not another state agency or other governmental entity.
APPENDIX C
INFORMATION INTEGRITY AND SECURITY STATEMENT
Information Integrity and
Security Statement
Appendix C – Page 1 FY 2024-2025
In compliance with California Government Code Section 11019.9, California Civil Code Section 1798 et seq., Department of General Services Management Memo 06-12, and Statewide Information Management Manual (SIMM) 5300 the California Department of Aging (CDA) hereby requires the Contractor/Vendor to:
ACKNOWLEDGE:
• Any wrongful access, inspection, use, or disclosure of Personal, Confidential or Sensitive Information (PSCI) is a crime and is prohibited under state and federal laws, including but not limited to California Penal Code Section 502, California Government Code Section 15619, California Civil Code Section 1798.53 and 1798.55, and the Health Insurance Portability and Accountability Act. Acknowledge. • Any wrongful access, inspection, use, disclosure, or modification of PSCI information may result in termination of this Contract/Agreement.
MEET THE FOLLOWING REQUIREMENTS:
• PSCI information shall be protected from disclosure in accordance with all applicable laws, regulations, and policies.
• PSCI data be protected by authorized access using the principles of least privilege. • Any occurrence that actually or potentially jeopardizes the confidentiality, integrity, or availability of an information system or the information the system processes, stores, or transmits or that constitutes a violation or imminent threat of violation of security policies, security procedures or acceptable use policies will immediately be reported to CDA by completing a Security Incident Report CDA (1025A and 1025B). • All access codes which allow access to confidential information will be properly safeguarded.
• Obligations to protect PSCI information obtained under this Contract/Agreement will continue after termination of the Contract/Agreement with CDA. • All employees/subcontractors of the Contractor/Vendor will complete the required Security Awareness Training module located at
https://aging.ca.gov/Information_security/ within 30 days of the start date of the Contract/ Agreement or within 30 days of the start date of any new employee or subcontractor. This training must be completed annually.
• All employees/subcontractors of the Contractor/Vendor must comply with CDA’s confidentiality and data security requirements as outlined in the Contract/Agreement. • All employees/subcontractors of the Contract/Vendor must comply with the Area Plan Terms and Conditions Agreement, Article V, Section H Information Confidentiality and Security requirements as outlined in the contract.
APPENDIX C
INFORMATION INTEGRITY AND SECURITY STATEMENT
Information Integrity and
Security Statement
Appendix C – Page 2 FY 2024-2025
CERTIFY:
To protect PSCI information by:
• Accessing, inspecting, using, disclosing or modifying PSCI information only for the purpose of performing official duties.
• Never accessing, inspecting, using, disclosing, or modifying PSCI information for curiosity, personal gain, or any non-business-related reason. • Securing PSCI information in approved locations.
• Never removing PSCI information from the work site without authorization.
Meets the encryption requirements in Article V, Section H of the Area Plan Terms and Conditions Agreement:
Is in full compliance with the 128 Encryption requirements Is not in compliance with the 128 Encryption requirements and will achieve compliance by
I hereby certify that I have reviewed this Confidentiality Statement and will comply with the above statements.
Vendor Printed Name and Title
Vendor Signature Date
Program Name Contract Number
APPENDIX D
METHOD OF PROVIDING AUDIT COMPLIANCE
Audit Compliance
The service provider shall indicate which method of providing audit compliance to the Fresno-Madera Area Agency on Aging (Agency on Aging) will be in force during this Agreement.
1. Review Article XIV of this Agreement (Audit Requirements).
2. Place a checkmark in the appropriate box below:
An independent audit shall be performed in accordance with the requirements of 2 CFR §200, Subpart F - Audit Requirements, and 45 CFR §75, Subpart F - Audit Requirements, and a copy submitted to the Agency on Aging.
An independent audit shall be performed and a copy submitted to the Agency on Aging.
All supporting documentation shall be submitted to the Agency on Aging for review along with any request for reimbursement.
Enter Fiscal Year Ending Date
Month Day Year
Method of Providing Appendix D FY 2024-2025
APPENDIX E
REQUIRED REPORTS AND DUE DATES
Required Reports & Due Dates Appendix E – Page 1 FY 2024-2025 Fiscal Reports
*Expenditure Reports by Program
Title III B, Title III C, Title III D, and Title VII Programs Due 15th of each month • Monthly Report of Expenditures and
Donations Revenue
Title III E Family Caregiver Support Program Due 15th of each month • Title III E Monthly Report of Expenditures
Health Insurance Counseling and Advocacy Program Due 15th of each month • HICAP Monthly Report of Expenditure/Request for Funds (CDA 245) Long-Term Care Ombudsman Program Due 15th of each month • Budget Summary/Monthly Expenditure Report & Request for Funds, Special Deposit Fund & Skilled Nursing Facility Quality and Accountability Fund (CDA-OMB-300) * Payments are made by the last day of the month for accurate expenditure reports received by the due date. Late or inaccurate expenditure report submissions will result in delay of payments until reporting requirements have been met.
Additional Fiscal Reports – All Programs
• Final Budget Revisions
o Due by March 15th
• Annual Financial Close Out Report and FMAAA 32, Fixed Assets Acquired through Grants with the Fresno-Madera Area Agency on Aging
o Due by July 15th with exception of HICAP
▪ HICAP Financial Closeout Report for federal and State funds from April 1- March 31 due by April 30th
• Copy of Audit, as required by contract
o Due within 30 days after receipt of auditor’s report, or nine months after end of audit period, whichever is earliest
• Request to Dispose of Property (FMAAA 248)
o Due within 5 days of the loss, destruction, or theft of property, or if the property will no longer be used for the contracted program
APPENDIX E
REQUIRED REPORTS AND DUE DATES
Required Reports & Due Dates Appendix E – Page 2 FY 2024-2025 Program Reports
Monthly Service Unit Report (Form 186M)
Due 7
th working day of month:
• Title III D Health Promotion – Evidence-Based
• Title III E Family Caregiver Support Program
• Title VII (b) Elder Abuse Prevention, Education, & Training Due 15th of each month:
• Health Insurance Counseling and Advocacy Program (HICAP) o Attach final version of HICAP Performance Measures and Benchmark Report generated from SHARP system for reporting month
Due 17th of month:
• Title III B Legal Assistance
*Monthly Title III C Elderly Nutrition Program Reports
Due 7th working day of month:
• Q Monthly Service Roster with client signatures and a “1” entered for in date column for each meal served
• Daily Sign-In Sheets with initials entered by client for each meal • Associated Client Intake Forms (originals; must be completed July 1, 2024 or later) • Client Deactivation Request
• Nutrition Volunteer Summary Report
• Food Preparation Center Food Service Check Sheet
*See Policy and Procedure Manual, provided to Site Coordinator, for full instructions.
Quarterly Reports
Due 15th of month following reporting period:
• Title VII (b) Elder Abuse Prevention Quarterly Activity Report (CDA 1037) • Due 17th of month following reporting period:
• Title III B California Legal Services Quarterly Client and Case Data Export Excel Files Due 30th of month following reporting period:
• Long-Term Care Ombudsman Program
o Copy of completed Quarterly Ombudsman Reporting Form (OSLTCO S301) as submitted to the California Department of Aging
▪ Attach program performance data from the Ombudsman Data Integration Network for July 1st through last day of reporting quarter.
APPENDIX F
FRESNO-MADERA AREA AGENCY ON AGING SANCTION POLICY
Sanction Policy Appendix F – Page 1 FY 2024-2025
I. At-Risk Designation
Title 45 of the Code of Federal Regulations (45 CFR), sections 75.205 and
92.12, defines factors that determine if an Agreement with a Contractor is at risk. In accordance with 45 CFR, the Fresno-Madera Area Agency on Aging (Agency on Aging) may consider an Agreement with a Contractor to be at-risk if the Agency on Aging determines that the Contractor:
A. Has a history of unsatisfactory performance, for which examples include, but are not limited to:
1. Grant funds are not obligated properly, are not disbursed, or are not spent for the contracted purpose;
2. Financial reports do not include program income and the required match of funds;
3. The quantity of service units provided is less than 95% of the projected level at any time following the third month of the Agreement period;
4. The Targeting Plan is not implemented as described in the Program Narrative section of the Agreement;
5. Complaints received from clients, their caretakers, or the general public indicate that the Contractor is not providing the contracted service at a satisfactory level.
B. Is not financially stable;
C. Has a management system which does not meet the management standards set forth in Article VI, Section B, Accountability for Funds, of this Agreement;
D. Has not conformed to terms and conditions of previous awards; or E. Is otherwise not responsible, for which examples include, but are not limited, to:
1. Financial or program reports are late, incorrect, or incomplete;
2. Responses to corrective actions requested by the Agency on Aging are not provided by the due date;
3. Corrective action plans are not implemented by the due date;
4. Findings from a prior contract monitoring are repeated in a subsequent monitoring;
Sanction Policy Appendix F – Page 2 FY 2024-2025
5. Failure to respond to telephone or written communications from the Agency on Aging in a timely manner; or
6. A violation of the law or failure to comply with any condition of this Agreement.
II. Sanctions
The Agency on Aging may impose sanctions (special conditions and/or restrictions) on the Contractor that correspond to the at-risk condition. Such sanctions may include:
A. Withholding of funds;
B. Requiring additional, more detailed, and/or more frequent financial and/or program reports;
C. Requiring preparation and implementation of an acceptable corrective action plan;
D. Additional contract monitoring;
E. Requiring the Contractor to obtain technical or management assistance; F. Establishing additional prior approvals; and/or
G. Withholding authority to continue provision of service within a given funding period.
Sanctions may be imposed upon approval by the Executive Director of the Agency on Aging, with the exception of Item II.G above, which requires approval by the Agency on Aging Governing Board.
For sanctions identified in Items II.A through II.F above, the Agency on Aging will promptly remove sanctions once the conditions that prompted them have been corrected.
For the sanction identified in Item II.G above, the sanction will be removed when the Contractor takes corrective action satisfactory to the Agency on Aging and/or the Contractor has been restored to satisfactory status in accordance with the terms and conditions of this Agreement.
III. Notification to Provider
The Agency on Aging will provide written notification to the Contractor of any sanctions imposed via certified or overnight mail, return receipt requested. Such notification will include:
Sanction Policy Appendix F – Page 3 FY 2024-2025
A. The nature of the sanctions;
B. The reason(s) for imposing them;
C. The effective date of the sanctions;
D. The legal or contractual citation upon which the sanction is based; E. The corrective actions which must be taken before they will be removed and the time allowed for completing the corrective actions; and F. The Agency on Aging’s appeal procedure for service providers.
IV. Unresolved At-Risk Condition(s)
Should the at-risk condition(s) remain unresolved following the imposition of sanctions, the Agency on Aging may proceed to terminate the Agreement with the Contractor, in accordance with the Termination section of this Agreement (Article XVII, Title III and Title VI Area Plan Contracts; Article XVI, Health Insurance Counseling and Advocacy Program Contract).
APPENDIX G
FRESNO-MADERA AREA AGENCY ON AGING
APPEAL PROCEDURE FOR SERVICE PROVIDERS
Appeal Procedure Appendix G – Page 1 FY 2024-2025
for Service Providers
I. Actions Subject to Appeal
A. A contracted or potential provider of service (service provider) has the right to appeal an adverse determination made by the Fresno-Madera Area Agency on Aging (Agency on Aging). The actions below shall be considered adverse determinations that are subject to appeal [Title 22 CCR §7704 (c)(1) – (c)(3)(C)]:
1. A reduction in the level of funding to an existing Contractor during an Agreement period; however, a reduction directly attributable to a reduction in the funding to the Area Agency on Aging by the State or federal government shall not be considered an adverse determination.
2. A cancellation or termination of an existing Agreement with the Contractor prior to the Agreement’s expiration date.
3. Denial of an application to provide services when any of the following exist:
a) The presence of a conflict of interest, real or apparent, as specified in 45 CFR 92.36(b)(3);
b) The occurrence of a procedural error or omission, such as the failure of the Agency on Aging to include a federal mandate in its solicitation request;
c) The lack of substantial evidence to support the Agency on Aging’s action.
II. Method of Notification
A. The service provider shall provide notification of appeals, and the Agency on Aging shall provide notification of subsequent appeals determinations, by certified or overnight mail, return receipt requested.
B. Notices to the Agency on Aging shall be addressed to the Fresno-Madera Area Agency on Aging, 2037 W. Bullard Ave., #512, Fresno, CA 93711.
Appeal Procedure Appendix G – Page 2 FY 2024-2025
for Service Providers
C. The Agency on Aging shall transmit notification to the address listed on the service provider’s appeal; if this address differs from the address listed on page 1 of the service provider’s Agreement with the Agency on Aging, the Agency on Aging shall transmit a copy of the notification to the address contained on page 1 of the Agreement.
D. The Agency on Aging shall include a copy of this Appeal Procedure for Service Providers with all notifications to service providers of adverse appeals determinations.
III. Process
A. The service provider shall give notice of intent to appeal to the Executive Director of the Agency on Aging within ten (10) business days of the Agency on Aging’s notice of adverse determination. The notice of intent to appeal shall be in writing, must state the specific grounds upon which the action by the Agency on Aging is appealed, and must be accompanied by all supporting documents.
B. The Executive Director of the Agency on Aging shall investigate the appeal and issue a written determination to the service provider within fifteen (15) business days of receipt of the appeal. The determination shall set forth the Agency on Aging’s position and specify applicable sections of the service provider’s Agreement with the Agency on Aging, government regulations, government statutes, or other provisions relied upon.
C. If the service provider is dissatisfied with the Agency on Aging Executive Director’s determination, the service provider may appeal to the Executive Committee of the Agency on Aging Governing Board within ten (10) business days of the date of the Agency on Aging Executive Director’s written determination. The appeal shall be in writing, shall specify the grounds upon which the determination is appealed, and must be accompanied by all supporting documents.
D. The Executive Committee of the Agency on Aging Governing Board (Executive Committee) shall, within fifteen (15) business days of receipt of the service provider’s appeal:
1. Review the service provider’s appeal, considering any additional evidence or documentation provided by the Agency on Aging Executive Director;
2. Determine if the appeal should be denied, or if a recommendation should be made to the full Agency on Aging Governing Board at its next scheduled meeting to take action to grant the appeal; and Appeal Procedure Appendix G – Page 3 FY 2024-2025
for Service Providers
3. Provide written notification of its determination to the service provider.
E. If the service provider is dissatisfied with the Executive Committee’s determination, the service provider may request a hearing before the full Agency on Aging Governing Board. The service provider must request the hearing within ten (10) business days of the Executive Committee’s written notification of determination. The hearing request shall be in writing, shall specify the grounds upon which the determination is appealed, and must be accompanied by all supporting documents.
F. If the Agency on Aging Governing Board does not accept and implement the Executive Committee’s recommendation to grant the service provider’s appeal:
1. The Agency on Aging shall provide written notification to the service provider of the Governing Board’s decision within two (2) business days following the decision;
2. The service provider may request a hearing before the Agency on Aging Governing Board. The service provider must request the hearing within ten (10) business days of the date of the notification of the Agency on Aging Governing Board’s decision. The hearing request shall be in writing, shall specify the grounds upon which the determination is appealed, and must be accompanied by all supporting documents.
G. Upon receipt of the service provider’s request for a hearing before the Agency on Aging Governing Board, the Agency on Aging will place the hearing on the agenda of the next regularly scheduled meeting of the Agency on Aging Governing Board, and provide the service provider with a copy of the published agenda.
1. The hearing before the Agency on Aging Governing Board shall consist of:
a) Receipt and review of all previously submitted documents concerning the appeal;
b) Submission in writing by the service provider of any additional information or documentation supporting the
service provider’s position;
c) An oral presentation by the service provider, not to exceed thirty (30) minutes; and
Appeal Procedure Appendix G – Page 4 FY 2024-2025
for Service Providers
d) An oral presentation by the Agency on Aging Executive Director and/or Agency on Aging staff, not to exceed thirty (30) minutes.
2. At the conclusion of the hearing, the Agency on Aging Governing Board shall vote to accept or deny the service provider’s appeal. a) If the appeal is denied, the Agency on Aging Governing Board shall notify the service provider in writing of the reason(s) the appeal was denied, including a statement that all appeal procedures to the Agency on Aging and its
Governing Board have been exhausted, and of the service provider’s right to appeal the Governing Board’s decision to the California Department of Aging. Such notification shall include a copy of Sections 7700 through 7710 of Title 22 of the California Code of Regulations, which contains the
process for appealing the determination to the California Department of Aging.
Fresno-Madera Area Agency on Aging
Contact List for Service Providers
Appendix H FY 2024-2025
APPENDIX H
FRESNO-MADERA AREA AGENCY ON AGING
2520 WEST SHAW LANE, SUITE 101A, FRESNO CA 93711
PROGRAM CONTACT LIST FOR SERVICE PROVIDERS
Telephone Number for All Contacts: (559) 214-0299
Jamie Sharma – Ext. 500
Executive Director
Email: [email protected]
Fax: (559) 243-5918
Paul Bustamante – Ext. 501
Director of Finance
Email: [email protected]
Fax: (559) 243-5918
Hillaree Bennett – Ext. 102
Program Director
Email: [email protected]
Fax: (559) 243-5918
Vacant – Ext. 401
Finance Manager
Email: [email protected]
Fax: (559) 243-5918
Sarah Santoyo--Ext 201
Nutrition Program Manager
Email: [email protected]
Fax: 559-243-5918
APPENDIX I
FRESNO-MADERA AREA AGENCY ON AGING
Fresno-Madera Area Agency on Aging
Emergency Contact Information
Appendix I FY 2024-2025
EMERGENCY CONTACT INFORMATION
Information and Assistance: (559) 214-0299
(800) 510-2020
Executive Director,
Emergency Coordinator,
and Public Relations Officer
Jamie Sharma
Office Address: 2520 W. Shaw Lane #101A
Fresno, CA 93711
Mailing Address: 2037 W. Bullard Ave. #512
Fresno, CA 93711
Office Phone: (559) 214-0299 Ext. 500
Program Director,
Alternate Emergency
Coordinator
Hillaree Bennett
Office Address: 2520 W. Shaw Lane #101A
Fresno, CA 93711
Mailing Address: 2037 W. Bullard Ave. #512
Fresno, CA 93711
Office Phone: (559) 319-0863
APPENDIX J
COMMUNITY FOCAL POINTS LIST
Community Focal Points Appendix J FY 2024-2025
CCR Title 22, Article 3, Section 7302(a)(14), 45 CFR Section 1321.53(c), OAA 2006 306(a) Definition of Focal Point: A facility established to encourage the maximum collocation and coordination of services for older individuals. (42 USC Section 3002 (21)) Planning and Service Area 14 - Designated Community Focal Points Fresno County
Fresno-Madera Area Agency on Aging 2520 W. Shaw Ln. #101A Fresno, CA 93711 Clovis Senior Center 753 3RD St. Clovis, CA 93612
Coalinga Senior Center 220 E. Forest Ave. Coalinga, CA 93210 Firebaugh Senior Center 1601 Thomas Conboy Ave. Firebaugh, CA 93622 Huron Senior Center 16900 5th St. Huron, CA 93234
Inspiration Park 5770 W Gettysburg Ave Fresno, CA 93722 Kerman Senior Center 720 S. 8th St. Kerman, CA 93630
Kingsburg Senior Center 1450 Ellis St. Kingsburg, CA 93631 Mary Ella Brown Community Center 1350 E. Annadale Ave. Fresno, CA 93706 Mendota Senior Center 415 Sorenson Ave. Mendota, CA 93640 Mosqueda Community Center 3670 E. Butler Ave. Fresno, CA 93702 Orange Cove Senior Center 699 6th St. Orange Cove, CA 93646 Pinedale Community Center 7170 N. San Pablo Ave. Pinedale, CA 93650 Reedley Senior Center 100 N. East Ave. Reedley, CA 93654 Sanger Senior Center 730 Recreation Ave. Sanger, CA 93657 Sierra Oaks Senior and Community Center 33276 Lodge Rd. Tollhouse, CA 93667 Ted C. Wills Community Center 770 N. San Pablo Ave. Fresno, CA 93728 Madera County
Chowchilla Senior Center 820 Robertson Blvd. Chowchilla, CA 93610 Frank A. Bergon Senior Center 238 S. D St. Madera, CA 93637 Pan-American Community Center 703 E. Sherwood Way Madera, CA 93638 Ranchos/Hills Senior Center 37330 Berkshire Dr. Madera Ranchos, CA 93636 Sierra Senior Center 49111 Cinder Ln. Oakhurst, CA 93644 Coarsegold Community Center 35610 CA-41 Coarsegold, CA 93614 North Fork Scout Center 33507 Rd. 230 North Fork, CA 93643
APPENDIX K
REQUEST FOR TAXPAYER IDENTIFICATION NUMBER AND CERTIFICATION Please complete and sign Internal Revenue Service Form W-9, which is provided on the next page.
Please return only the signature page (page 1). Pages 2-6 are provided for your information only.
Request for Taxpayer Identification Appendix K FY 2024-2025 FormW-9
(Rev. March 2024)
Department of the Treasury
Internal Revenue Service
Request for Taxpayer
Identification Number and Certification
Go to www.irs.gov/FormW9 for instructions and the latest information.
Give form to the
requester. Do not
send to the IRS.
Before you begin. For guidance related to the purpose of Form W-9, see Purpose of Form, below. 1 Name of entity/individual. An entry is required. (For a sole proprietor or disregarded entity, enter the owner’s name on line 1, and enter the business/disregarded entity’s name on line 2.)
2 Business name/disregarded entity name, if different from above. 3a Check the appropriate box for federal tax classification of the entity/individual whose name is entered on line 1. Check only one of the following seven boxes.
Individual/sole proprietor C corporation S corporation Partnership Trust/estate LLC. Enter the tax classification (C = C corporation, S = S corporation, P = Partnership) . . . .
Note: Check the “LLC” box above and, in the entry space, enter the appropriate code (C, S, or P) for the tax classification of the LLC, unless it is a disregarded entity. A disregarded entity should instead check the appropriate box for the tax classification of its owner.
Other (see instructions)
3b If on line 3a you checked “Partnership” or “Trust/estate,” or checked “LLC” and entered “P” as its tax classification, and you are providing this form to a partnership, trust, or estate in which you have an ownership interest, check this box if you have any foreign partners, owners, or beneficiaries. See instructions . . . . . . . . . 4 Exemptions (codes apply only to
certain entities, not individuals;
see instructions on page 3):
Exempt payee code (if any)
Exemption from Foreign Account Tax
Compliance Act (FATCA) reporting
code (if any)
(Applies to accounts maintained
outside the United States.)
5 Address (number, street, and apt. or suite no.). See instructions. Requester’s name and address (optional) 6 City, state, and ZIP code
7 List account number(s) here (optional)
Part I Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later.
Note: If the account is in more than one name, see the instructions for line 1. See also What Name and Number To Give the Requester for guidelines on whose number to enter.
Social security number
– –
or
Part II Certification
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and
2. I am not subject to backup withholding because (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and
3. I am a U.S. citizen or other U.S. person (defined below); and
4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and, generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later.
General Instructions
Section references are to the Internal Revenue Code unless otherwise noted.
Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9.
What’s New
Line 3a has been modified to clarify how a disregarded entity completes this line. An LLC that is a disregarded entity should check the appropriate box for the tax classification of its owner. Otherwise, it should check the “LLC” box and enter its appropriate tax classification.
New line 3b has been added to this form. A flow-through entity is required to complete this line to indicate that it has direct or indirect foreign partners, owners, or beneficiaries when it provides the Form W-9 to another flow-through entity in which it has an ownership interest. This change is intended to provide a flow-through entity with information regarding the status of its indirect foreign partners, owners, or beneficiaries, so that it can satisfy any applicable reporting requirements. For example, a partnership that has any indirect foreign partners may be required to complete Schedules K-2 and K-3. See the Partnership Instructions for Schedules K-2 and K-3 (Form 1065).
Purpose of Form
An individual or entity (Form W-9 requester) who is required to file an information return with the IRS is giving you this form because they Cat. No. 10231X Form W-9 (Rev. 3-2024)
Employer identification number
Sign Signature of
Here U.S. person
–
Print or type.
See Specific Instructions on page 3.
Form W-9 (Rev. 3-2024) Page 2
must obtain your correct taxpayer identification number (TIN), which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following.
• Form 1099-INT (interest earned or paid).
• Form 1099-DIV (dividends, including those from stocks or mutual funds).
• Form 1099-MISC (various types of income, prizes, awards, or gross proceeds).
• Form 1099-NEC (nonemployee compensation).
• Form 1099-B (stock or mutual fund sales and certain other transactions by brokers).
• Form 1099-S (proceeds from real estate transactions). • Form 1099-K (merchant card and third-party network transactions). • Form 1098 (home mortgage interest), 1098-E (student loan interest), and 1098-T (tuition).
• Form 1099-C (canceled debt).
• Form 1099-A (acquisition or abandonment of secured property).
Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN.
Caution: If you don’t return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later.
By signing the filled-out form, you:
1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued);
2. Certify that you are not subject to backup withholding; or
3. Claim exemption from backup withholding if you are a U.S. exempt payee; and
4. Certify to your non-foreign status for purposes of withholding under chapter 3 or 4 of the Code (if applicable); and
5. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting is correct. See What Is FATCA Reporting, later, for further information.
Note: If you are a U.S. person and a requester gives you a form other than Form W-9 to request your TIN, you must use the requester’s form if it is substantially similar to this Form W-9.
Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are:
• An individual who is a U.S. citizen or U.S. resident alien; • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States; • An estate (other than a foreign estate); or
• A domestic trust (as defined in Regulations section 301.7701-7).
Establishing U.S. status for purposes of chapter 3 and chapter 4 withholding. Payments made to foreign persons, including certain distributions, allocations of income, or transfers of sales proceeds, may be subject to withholding under chapter 3 or chapter 4 of the Code (sections 1441–1474). Under those rules, if a Form W-9 or other certification of non-foreign status has not been received, a withholding agent, transferee, or partnership (payor) generally applies presumption rules that may require the payor to withhold applicable tax from the recipient, owner, transferor, or partner (payee). See Pub. 515, Withholding of Tax on Nonresident Aliens and Foreign Entities.
The following persons must provide Form W-9 to the payor for purposes of establishing its non-foreign status.
• In the case of a disregarded entity with a U.S. owner, the U.S. owner of the disregarded entity and not the disregarded entity. • In the case of a grantor trust with a U.S. grantor or other U.S. owner, generally, the U.S. grantor or other U.S. owner of the grantor trust and not the grantor trust.
• In the case of a U.S. trust (other than a grantor trust), the U.S. trust and not the beneficiaries of the trust.
See Pub. 515 for more information on providing a Form W-9 or a certification of non-foreign status to avoid withholding.
Foreign person. If you are a foreign person or the U.S. branch of a foreign bank that has elected to be treated as a U.S. person (under Regulations section 1.1441-1(b)(2)(iv) or other applicable section for chapter 3 or 4 purposes), do not use Form W-9. Instead, use the appropriate Form W-8 or Form 8233 (see Pub. 515). If you are a qualified foreign pension fund under Regulations section 1.897(l)-1(d), or a partnership that is wholly owned by qualified foreign pension funds, that is treated as a non-foreign person for purposes of section 1445 withholding, do not use Form W-9. Instead, use Form W-8EXP (or other certification of non-foreign status).
Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a saving clause. Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the payee has otherwise become a U.S. resident alien for tax purposes.
If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement to Form W-9 that specifies the following five items.
1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien.
2. The treaty article addressing the income.
3. The article number (or location) in the tax treaty that contains the saving clause and its exceptions.
4. The type and amount of income that qualifies for the exemption from tax.
5. Sufficient facts to justify the exemption from tax under the terms of the treaty article.
Example. Article 20 of the U.S.-China income tax treaty allows an exemption from tax for scholarship income received by a Chinese student temporarily present in the United States. Under U.S. law, this student will become a resident alien for tax purposes if their stay in the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States. A Chinese student who qualifies for this exception (under paragraph 2 of the first Protocol) and is relying on this exception to claim an exemption from tax on their scholarship or fellowship income would attach to Form W-9 a statement that includes the information described above to support that exemption.
If you are a nonresident alien or a foreign entity, give the requester the appropriate completed Form W-8 or Form 8233.
Backup Withholding
What is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS 24% of such payments. This is called “backup withholding.” Payments that may be subject to backup withholding include, but are not limited to, interest, tax-exempt interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, payments made in settlement of payment card and third-party network transactions, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding.
You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and dividends on your tax return.
Payments you receive will be subject to backup withholding if:
1. You do not furnish your TIN to the requester;
2. You do not certify your TIN when required (see the instructions for Part II for details);
3. The IRS tells the requester that you furnished an incorrect TIN;
4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only); or
5. You do not certify to the requester that you are not subject to backup withholding, as described in item 4 under “By signing the filledout form” above (for reportable interest and dividend accounts opened after 1983 only).
Form W-9 (Rev. 3-2024) Page 3
Certain payees and payments are exempt from backup withholding.
See Exempt payee code, later, and the separate Instructions for the Requester of Form W-9 for more information.
See also Establishing U.S. status for purposes of chapter 3 and chapter 4 withholding, earlier.
What Is FATCA Reporting?
The Foreign Account Tax Compliance Act (FATCA) requires a participating foreign financial institution to report all U.S. account holders that are specified U.S. persons. Certain payees are exempt from FATCA reporting. See Exemption from FATCA reporting code, later, and the Instructions for the Requester of Form W-9 for more information.
Updating Your Information
You must provide updated information to any person to whom you claimed to be an exempt payee if you are no longer an exempt payee and anticipate receiving reportable payments in the future from this person. For example, you may need to provide updated information if you are a C corporation that elects to be an S corporation, or if you are no longer tax exempt. In addition, you must furnish a new Form W-9 if the name or TIN changes for the account, for example, if the grantor of a grantor trust dies.
Penalties
Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect.
Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty.
Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment.
Misuse of TINs. If the requester discloses or uses TINs in violation of federal law, the requester may be subject to civil and criminal penalties.
Specific Instructions
Line 1
You must enter one of the following on this line; do not leave this line blank. The name should match the name on your tax return.
If this Form W-9 is for a joint account (other than an account maintained by a foreign financial institution (FFI)), list first, and then circle, the name of the person or entity whose number you entered in Part I of Form W-9. If you are providing Form W-9 to an FFI to document a joint account, each holder of the account that is a U.S. person must provide a Form W-9.
• Individual. Generally, enter the name shown on your tax return. If you have changed your last name without informing the Social Security Administration (SSA) of the name change, enter your first name, the last name as shown on your social security card, and your new last name.
Note for ITIN applicant: Enter your individual name as it was entered on your Form W-7 application, line 1a. This should also be the same as the name you entered on the Form 1040 you filed with your application. • Sole proprietor. Enter your individual name as shown on your Form 1040 on line 1. Enter your business, trade, or “doing business as” (DBA) name on line 2.
• Partnership, C corporation, S corporation, or LLC, other than a disregarded entity. Enter the entity’s name as shown on the entity’s tax return on line 1 and any business, trade, or DBA name on line 2. • Other entities. Enter your name as shown on required U.S. federal tax documents on line 1. This name should match the name shown on the charter or other legal document creating the entity. Enter any business, trade, or DBA name on line 2.
• Disregarded entity. In general, a business entity that has a single owner, including an LLC, and is not a corporation, is disregarded as an entity separate from its owner (a disregarded entity). See Regulations section 301.7701-2(c)(2). A disregarded entity should check the appropriate box for the tax classification of its owner. Enter the owner’s name on line 1. The name of the owner entered on line 1 should never be a disregarded entity. The name on line 1 should be the name shown on the income tax return on which the income should be reported. For example, if a foreign LLC that is treated as a disregarded entity for U.S. federal tax purposes has a single owner that is a U.S. person, the U.S. owner’s name is required to be provided on line 1. If the direct owner of the entity is also a disregarded entity, enter the first owner that is not disregarded for federal tax purposes. Enter the disregarded entity’s name on line 2. If the owner of the disregarded entity is a foreign person, the owner must complete an appropriate Form W-8 instead of a Form W-9. This is the case even if the foreign person has a U.S. TIN.
Line 2
If you have a business name, trade name, DBA name, or disregarded entity name, enter it on line 2.
Line 3a
Check the appropriate box on line 3a for the U.S. federal tax classification of the person whose name is entered on line 1. Check only one box on line 3a.
IF the entity/individual on line 1
is a(n) . . .
THEN check the box for . . .
• Corporation Corporation.
• Individual or
• Sole proprietorship
Individual/sole proprietor.
• LLC classified as a partnership
for U.S. federal tax purposes or
• LLC that has filed Form 8832 or
2553 electing to be taxed as a
corporation
Limited liability company and
enter the appropriate tax
classification:
P = Partnership,
C = C corporation, or
S = S corporation.
• Partnership Partnership.
• Trust/estate Trust/estate.
Line 3b
Check this box if you are a partnership (including an LLC classified as a partnership for U.S. federal tax purposes), trust, or estate that has any foreign partners, owners, or beneficiaries, and you are providing this form to a partnership, trust, or estate, in which you have an ownership interest. You must check the box on line 3b if you receive a Form W-8 (or documentary evidence) from any partner, owner, or beneficiary establishing foreign status or if you receive a Form W-9 from any partner, owner, or beneficiary that has checked the box on line 3b.
Note: A partnership that provides a Form W-9 and checks box 3b may be required to complete Schedules K-2 and K-3 (Form 1065). For more information, see the Partnership Instructions for Schedules K-2 and K-3 (Form 1065).
If you are required to complete line 3b but fail to do so, you may not receive the information necessary to file a correct information return with the IRS or furnish a correct payee statement to your partners or beneficiaries. See, for example, sections 6698, 6722, and 6724 for penalties that may apply.
Line 4 Exemptions
If you are exempt from backup withholding and/or FATCA reporting, enter in the appropriate space on line 4 any code(s) that may apply to you.
Exempt payee code.
• Generally, individuals (including sole proprietors) are not exempt from backup withholding.
• Except as provided below, corporations are exempt from backup withholding for certain payments, including interest and dividends. • Corporations are not exempt from backup withholding for payments made in settlement of payment card or third-party network transactions. • Corporations are not exempt from backup withholding with respect to attorneys’ fees or gross proceeds paid to attorneys, and corporations that provide medical or health care services are not exempt with respect to payments reportable on Form 1099-MISC.
The following codes identify payees that are exempt from backup withholding. Enter the appropriate code in the space on line 4. 1—An organization exempt from tax under section 501(a), any IRA, or a custodial account under section 403(b)(7) if the account satisfies the requirements of section 401(f)(2).
Form W-9 (Rev. 3-2024) Page 4
2—The United States or any of its agencies or instrumentalities. 3—A state, the District of Columbia, a U.S. commonwealth or territory, or any of their political subdivisions or instrumentalities. 4—A foreign government or any of its political subdivisions, agencies, or instrumentalities.
5—A corporation.
6—A dealer in securities or commodities required to register in the United States, the District of Columbia, or a U.S. commonwealth or territory.
7—A futures commission merchant registered with the Commodity Futures Trading Commission.
8—A real estate investment trust.
9—An entity registered at all times during the tax year under the Investment Company Act of 1940.
10—A common trust fund operated by a bank under section 584(a). 11—A financial institution as defined under section 581. 12—A middleman known in the investment community as a nominee or custodian.
13—A trust exempt from tax under section 664 or described in section 4947.
The following chart shows types of payments that may be exempt from backup withholding. The chart applies to the exempt payees listed above, 1 through 13.
IF the payment is for . . . THEN the payment is exempt
for . . .
• Interest and dividend payments All exempt payees except for 7.
• Broker transactions Exempt payees 1 through 4 and 6
through 11 and all C corporations.
S corporations must not enter an
exempt payee code because they
are exempt only for sales of
noncovered securities acquired
prior to 2012.
• Barter exchange transactions
and patronage dividends
Exempt payees 1 through 4.
• Payments over $600 required to
be reported and direct sales over
$5,0001
Generally, exempt payees
1 through 5.2
• Payments made in settlement of
payment card or third-party
network transactions
Exempt payees 1 through 4.
1See Form 1099-MISC, Miscellaneous Information, and its instructions. 2 However, the following payments made to a corporation and reportable on Form 1099-MISC are not exempt from backup withholding: medical and health care payments, attorneys’ fees, gross proceeds paid to an attorney reportable under section 6045(f), and payments for services paid by a federal executive agency.
Exemption from FATCA reporting code. The following codes identify payees that are exempt from reporting under FATCA. These codes apply to persons submitting this form for accounts maintained outside of the United States by certain foreign financial institutions. Therefore, if you are only submitting this form for an account you hold in the United States, you may leave this field blank. Consult with the person requesting this form if you are uncertain if the financial institution is subject to these requirements. A requester may indicate that a code is not required by providing you with a Form W-9 with “Not Applicable” (or any similar indication) entered on the line for a FATCA exemption code.
A—An organization exempt from tax under section 501(a) or any individual retirement plan as defined in section 7701(a)(37).
B—The United States or any of its agencies or instrumentalities.
C—A state, the District of Columbia, a U.S. commonwealth or territory, or any of their political subdivisions or instrumentalities.
D—A corporation the stock of which is regularly traded on one or more established securities markets, as described in Regulations section 1.1472-1(c)(1)(i).
E—A corporation that is a member of the same expanded affiliated group as a corporation described in Regulations section 1.1472-1(c)(1)(i).
F—A dealer in securities, commodities, or derivative financial instruments (including notional principal contracts, futures, forwards, and options) that is registered as such under the laws of the United States or any state.
G—A real estate investment trust.
H—A regulated investment company as defined in section 851 or an entity registered at all times during the tax year under the Investment Company Act of 1940.
I—A common trust fund as defined in section 584(a). J—
A bank as defined in section 581.
K—A broker.
L—A trust exempt from tax under section 664 or described in section 4947(a)(1).
M—A tax-exempt trust under a section 403(b) plan or section 457(g) plan.
Note: You may wish to consult with the financial institution requesting this form to determine whether the FATCA code and/or exempt payee code should be completed.
Line 5
Enter your address (number, street, and apartment or suite number).
This is where the requester of this Form W-9 will mail your information returns. If this address differs from the one the requester already has on file, enter “NEW” at the top. If a new address is provided, there is still a chance the old address will be used until the payor changes your address in their records.
Line 6
Enter your city, state, and ZIP code.
Part I. Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. If you are a resident alien and you do not have, and are not eligible to get, an SSN, your TIN is your IRS ITIN. Enter it in the entry space for the Social security number. If you do not have an ITIN, see How to get a TIN below.
If you are a sole proprietor and you have an EIN, you may enter either your SSN or EIN.
If you are a single-member LLC that is disregarded as an entity separate from its owner, enter the owner’s SSN (or EIN, if the owner has one). If the LLC is classified as a corporation or partnership, enter the entity’s EIN.
Note: See What Name and Number To Give the Requester, later, for further clarification of name and TIN combinations.
How to get a TIN. If you do not have a TIN, apply for one immediately.
To apply for an SSN, get Form SS-5, Application for a Social Security Card, from your local SSA office or get this form online at www.SSA.gov. You may also get this form by calling 800-772-1213. Use Form W-7, Application for IRS Individual Taxpayer Identification Number, to apply for an ITIN, or Form SS-4, Application for Employer Identification Number, to apply for an EIN. You can apply for an EIN online by accessing the IRS website at www.irs.gov/EIN. Go to www.irs.gov/Forms to view, download, or print Form W-7 and/or Form SS-4. Or, you can go to www.irs.gov/OrderForms to place an order and have Form W-7 and/or Form SS-4 mailed to you within 15 business days.
If you are asked to complete Form W-9 but do not have a TIN, apply for a TIN and enter “Applied For” in the space for the TIN, sign and date the form, and give it to the requester. For interest and dividend payments, and certain payments made with respect to readily tradable instruments, you will generally have 60 days to get a TIN and give it to the requester before you are subject to backup withholding on payments. The 60-day rule does not apply to other types of payments.
You will be subject to backup withholding on all such payments until you provide your TIN to the requester.
Note: Entering “Applied For” means that you have already applied for a TIN or that you intend to apply for one soon. See also Establishing U.S. status for purposes of chapter 3 and chapter 4 withholding, earlier, for when you may instead be subject to withholding under chapter 3 or 4 of the Code.
Caution: A disregarded U.S. entity that has a foreign owner must use the appropriate Form W-8.
Form W-9 (Rev. 3-2024) Page 5
Part II. Certification
To establish to the withholding agent that you are a U.S. person, or resident alien, sign Form W-9. You may be requested to sign by the withholding agent even if item 1, 4, or 5 below indicates otherwise.
For a joint account, only the person whose TIN is shown in Part I should sign (when required). In the case of a disregarded entity, the person identified on line 1 must sign. Exempt payees, see Exempt payee code, earlier.
Signature requirements. Complete the certification as indicated in items 1 through 5 below.
1. Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1983.
You must give your correct TIN, but you do not have to sign the certification.
2. Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered inactive during 1983. You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must cross out item 2 in the certification before signing the form.
3. Real estate transactions. You must sign the certification. You may cross out item 2 of the certification.
4. Other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an incorrect TIN. “Other payments” include payments made in the course of the requester’s trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services (including payments to corporations), payments to a nonemployee for services, payments made in settlement of payment card and third-party network transactions, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (including payments to corporations).
5. Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 529), ABLE accounts (under section 529A), IRA, Coverdell ESA, Archer MSA or HSA contributions or
distributions, and pension distributions. You must give your correct TIN, but you do not have to sign the certification.
What Name and Number To Give the Requester
For this type of account: Give name and SSN of:
1. Individual The individual
2. Two or more individuals (joint account)
other than an account maintained by
an FFI
The actual owner of the account or,
if combined funds, the first individual
on the account1
3. Two or more U.S. persons
(joint account maintained by an FFI)
Each holder of the account
4. Custodial account of a minor
(Uniform Gift to Minors Act)
The minor2
5. a. The usual revocable savings trust
(grantor is also trustee)
The grantor-trustee1
b. So-called trust account that is not
a legal or valid trust under state law
The actual owner1
6. Sole proprietorship or disregarded
entity owned by an individual
The owner3
7. Grantor trust filing under Optional
Filing Method 1 (see Regulations
section 1.671-4(b)(2)(i)(A))**
The grantor*
For this type of account: Give name and EIN of:
8. Disregarded entity not owned by an
individual
The owner
9. A valid trust, estate, or pension trust Legal entity4
10. Corporation or LLC electing corporate
status on Form 8832 or Form 2553
The corporation
11. Association, club, religious, charitable,
educational, or other tax-exempt
organization
The organization
12. Partnership or multi-member LLC The partnership
13. A broker or registered nominee The broker or nominee
14. Account with the Department of
Agriculture in the name of a public
entity (such as a state or local
government, school district, or prison)
that receives agricultural program
payments
The public entity
15. Grantor trust filing Form 1041 or
under the Optional Filing Method 2,
requiring Form 1099 (see Regulations
section 1.671-4(b)(2)(i)(B))**
The trust
1 List first and circle the name of the person whose number you furnish.
If only one person on a joint account has an SSN, that person’s number must be furnished.
2Circle the minor’s name and furnish the minor’s SSN.
3You must show your individual name on line 1, and enter your business or DBA name, if any, on line 2. You may use either your SSN or EIN (if you have one), but the IRS encourages you to use your SSN. 4 List first and circle the name of the trust, estate, or pension trust. (Do not furnish the TIN of the personal representative or trustee unless the legal entity itself is not designated in the account title.) * Note: The grantor must also provide a Form W-9 to the trustee of the trust.
** For more information on optional filing methods for grantor trusts, see the Instructions for Form 1041.
Note: If no name is circled when more than one name is listed, the number will be considered to be that of the first name listed.
Secure Your Tax Records From Identity Theft
Identity theft occurs when someone uses your personal information, such as your name, SSN, or other identifying information, without your permission to commit fraud or other crimes. An identity thief may use your SSN to get a job or may file a tax return using your SSN to receive a refund.
To reduce your risk:
• Protect your SSN,
• Ensure your employer is protecting your SSN, and
• Be careful when choosing a tax return preparer.
If your tax records are affected by identity theft and you receive a notice from the IRS, respond right away to the name and phone number printed on the IRS notice or letter.
If your tax records are not currently affected by identity theft but you think you are at risk due to a lost or stolen purse or wallet, questionable credit card activity, or a questionable credit report, contact the IRS Identity Theft Hotline at 800-908-4490 or submit Form 14039.
For more information, see Pub. 5027, Identity Theft Information for Taxpayers.
Form W-9 (Rev. 3-2024) Page 6
Victims of identity theft who are experiencing economic harm or a systemic problem, or are seeking help in resolving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service (TAS) assistance. You can reach TAS by calling the TAS toll-free case intake line at 877-777-4778 or TTY/TDD 800-829-4059.
Protect yourself from suspicious emails or phishing schemes.
Phishing is the creation and use of email and websites designed to mimic legitimate business emails and websites. The most common act is sending an email to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user into surrendering private information that will be used for identity theft.
The IRS does not initiate contacts with taxpayers via emails. Also, the IRS does not request personal detailed information through email or ask taxpayers for the PIN numbers, passwords, or similar secret access information for their credit card, bank, or other financial accounts.
If you receive an unsolicited email claiming to be from the IRS, forward this message to [email protected]. You may also report misuse of the IRS name, logo, or other IRS property to the Treasury Inspector General for Tax Administration (TIGTA) at 800-366-4484. You can forward suspicious emails to the Federal Trade Commission at [email protected] or report them at www.ftc.gov/complaint. You can contact the FTC at www.ftc.gov/idtheft or 877-IDTHEFT (877-438-4338).
If you have been the victim of identity theft, see www.IdentityTheft.gov and Pub. 5027.
Go to www.irs.gov/IdentityTheft to learn more about identity theft and how to reduce your risk.
Privacy Act Notice
Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons (including federal agencies) who are required to file information returns with the IRS to report interest, dividends, or certain other income paid to you; mortgage interest you paid; the acquisition or abandonment of secured property; the cancellation of debt; or contributions you made to an IRA, Archer MSA, or HSA. The person collecting this form uses the information on the form to file information returns with the IRS, reporting the above information.
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CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor Pursell, Jr. & City Council
REPORT FROM: AJ O’Connell, MCP, CBO, CCEA – Building Official REVIEWED BY:
AGENDA ITEM: 2nd Reading - Ordinance Adding Chapter 15.10 to Title 15 of the Kingsburg Municipal Code Establishing a Streamline Permitting Process for Electric Vehicle Charging Stations
ACTION REQUESTED: ___Ordinance ___Resolution ____Motion ____Receive/File
EXECUTIVE SUMMARY
On August 21, 2024, the Mayor and City Council waived the first reading and introduced Ordinance No. 2024-04, An Ordinance of the City of Kingsburg Adding Chapter 15.10 to Title 15 to the Kingsburg Municipal Code Establishing Procedures for Expediting Permitting Processing for the Installation of Electric Vehicle Charging Systems and pass to a second reading on September 4, 2024 with the following recital constituting reading the title of the Ordinance:
“AN ORDINANCE OF THE CITY OF KINGSBURG ADDING CHAPTER 15.10 TO TITLE 15 TO THE KINGSBURG
MUNICIPAL CODE ESTABLISHING PROCEDURES FOR EXPEDITING PERMITTING PROCESSING FOR THE INSTALLATION OF ELECTRIC VEHICLE CHARGING SYSTEMS”
In 2015, the State of California adopted Assembly Bill 1236 (Codified as Government Code Section 65850.7), which requires local jurisdictions with a population less than 200,000 residents to adopt an ordinance to create an expedited and streamlined permitting process for electric vehicle charging stations.
An electric vehicle charging station is any level of electric vehicle supply equipment station which delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle. The ordinance shall include the requirement that a jurisdiction adopt a checklist of requirements with which a permit application for an electric vehicle charging station will be eligible for expedited review.
This process includes the establishment of a checklist containing objective requirements for the installation of an electric vehicle charging station and a process for electronic submittal of permit applications. The content of the checklist requires the permit applicant to check the features of the existing electrical service such as rating in amperes, system voltage, connected or calculated load, spare capacity in amperes, voltage and ampere rating of the electric vehicle supply equipment, circuit rating of the electric vehicle supply equipment, location of the electric vehicle supply equipment, if ventilation is/or is not required, and clearances of the charging equipment to comply with all applicable building and fire safety laws. The checklist also assists the applicant in confirming that the location of the electric vehicle supply equipment will comply with any vehicle clearance requirements in the City’s Municipal Code. Government Code Section 65850.7 requires that the City’s checklist may be based on the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” of the “Zero-Emission Vehicles in California: Community Readiness Guidebook” of the Governor’s Office of Planning and Research.
Assembly Bill 1236 (2015) also clarifies that a jurisdiction shall not condition approval of a permit for an electric vehicle charging station upon the approval of a common interest development management association as defined in California Civil Code, Section 4080.
Meeting Date: 09/04/2024
Agenda Item: 4
Most of the procedures, such as electronic submittal of plans, are already in place within the City Building Division and comply with the requirements of the Assembly Bill. Adoption of this Ordinance brings the City into compliance with the Assembly Bill and will result in little or no change to existing process.
RECOMMENDED ACTION BY CITY COUNCIL
1. Staff recommends waiving the second reading and adopt Ordinance 2024-004 An Ordinance of the City of Kingsburg Adding Chapter 15.10 to Title 15 to the Kingsburg Municipal Code Establishing Procedures for Expediting Permitting Processing for the Installation of Electric Vehicle Charging Systems.
POLICY ALTERNATIVE(S)
1. Council could decide not to waive the second reading and adopt Ordinance 2024-004.
STRATEGIC GOAL(S) MET:
1. Community Safety
2. Community Engagement
FINANCIAL INFORMATION
There is no immediate financial impact or budget action necessary as a result of the recommended action.
ATTACHED INFORMATION
1. Ordinance No. 2024-004
2. Draft Permitting Checklist
FISCAL IMPACT:
1. Is There A Fiscal Impact? No
2. Is it Currently Budgeted? No
3. If Budgeted, Which Line? N/A
1 ORDINANCE NO. 2024-04
AN ORDINANCE OF THE CITY OF KINGSBURG ADDING CHAPTER 15.10 TO TITLE 15
TO THE KINGSBURG MUNICIPAL CODE ESTABLISHING PROCEDURES FOR
EXPEDITING PERMITTING PROCESSING FOR THE INSTALLATION OF ELECTRIC
VEHICLE CHARGING SYSTEMS
The City Council of the City of Kingsburg does hereby ordain as follows:
Section 1. The State of California and the City of Kingsburg has consistently promoted and encouraged the use of fuel-efficient electric vehicles; and Section 2. The State of California adopted Assembly Bill 1236, which requires local agencies to adopt an ordinance that creates an expedited and streamlined permitting process for electric vehicle charging systems; and
Section 3. The creation of an expedited, streamlined permitting process for electric vehicle charging stations would facilitate convenient charging of electric vehicles.
Section 4. Chapter 15.10 Electric Vehicle Charging Stations is added to Title 15 of the Kingsburg Municipal Code as follows:
Chapter 15.10.010 Purpose
The purpose of this Chapter is to promote and encourage the use of electric vehicles by creating an expedited and streamlined permitting process the installation of electric vehicle charging stations while promoting public health and safety and preventing specific adverse impacts from the installation and use of such charging stations.
Chapter 15.10.020 Definitions
A. “Electric vehicle charging station” or “charging station” means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, as amended from time to time and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.
B. “Specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application filed with the City of Kingsburg for installation of a electric vehicle charging station was deemed complete.
C. “Electronic submittal” means the utilization of one or more of the following:
1. Electronic mail or email.
2. The internet.
2 3. Facsimile.
D. “A feasible method to satisfactorily mitigate or avoid the specific, adverse impact” means, but is not limited to, any cost-effective method, condition, or mitigation imposed by a city, county or city and county on another similarly situated application in a prior successful application for a permit.
Chapter 15.10.030 Expedited Permitting Process
Consistent with the goals and intent of Government Code Section 65850.7, the City hereby implements an expedited, streamlined permitting process for electric vehicle charging stations, and adopts a checklist of all requirements with which electric vehicle charging stations shall comply with to be eligible for expedited review. The expedited and streamlined permitting process and checklist may refer to the recommendations contained in the most current version of the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” of the “Zero-Emission Vehicles in California: Community Readiness Guidebook” as published by the Governor’s Office of Planning and Research. The adopted checklist shall be published on the City’s website.
Chapter 15.10.040 Permit Application Processing
A. Any person wishing to install an electric vehicle charging station shall file an application, in the form provided by the City, for a permit to install an electric vehicle charging station. A completed city Checklist for Permitting Electric Vehicle Service Equipment (“checklist”) shall accompany the application.
B. An application that provides the information required by the City’s adopted checklist shall be deemed complete and be promptly processed. If the Building Official determines the permit application is incomplete, he or she shall issue a written correction notice to the applicant, detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance. Upon confirmation by the Building Official that the permit application and supporting documents meets the requirements of the City adopted checklist and is consistent with all applicable laws and health and safety standards, the Building Official shall, in accordance with Government Code Section 65850.7, approve the application and issue all necessary permits for installation of the electric vehicle charging station identified in the application. Such approval does not authorize an applicant to energize or utilize the electric vehicle charging station until approval is granted by the City Building Division. C. The review of an application to install an electric vehicle charging station shall be limited to the Building Official's review of whether the application meets all health and safety requirements of local, state, and federal law and the provisions of this chapter. However, if the Building Official makes a finding, based on substantial evidence, that the electric vehicle charging station could have a specific, adverse impact upon the public health or safety, the Building Official may require the applicant to apply for a conditional use permit in accordance of with the provisions of 3 Section 17.68 of Title 17 of the Kingsburg municipal code.
D. The Building Official may not deny a use permit to install an electric vehicle charging station unless it makes written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The findings shall include the basis for the rejection of potential feasible alternatives of preventing the adverse impact. Any decision by the Building official may be appealed to the city’s planning commission in accordance with the provisions of section17.80.060 of the municipal code.
E. In accordance with Government Code Section 65850.7, the City shall allow electronic submittal of permit applications covered by this Ordinance and associated supporting documentations for installation of electric vehicle charging stations. In accepting such applications, the City shall also accept electronic signatures on all forms, applications, and other documentation in lieu of a wet signature by any applicant.
The Building Official shall not condition the approval for any application for a electric vehicle charging station on the approval of such a system by a common interest development management association, as that term is defined by California Civil Code Section 4080.
Add Chapter 15.10.050 Electric Vehicle Charging Station Installation Requirements A. Electric vehicle charging station equipment shall meet the requirements of the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories, and where applicable, rules of the Public Utilities Commission regarding safety and reliability.
B. Installation of electric vehicle charging stations and associated wiring, bonding, disconnecting means and overcurrent protective devices shall meet the requirements of Article 625 and all applicable provisions of the California Electrical Code.
C. Installation of electric vehicle charging stations shall be incorporated into the load calculations of all new or existing electrical services and shall meet the requirements of the California Electrical Code. Electric vehicle charging equipment shall be considered a continuous load.
D. Anchorage of either floor-mounted or wall-mounted electric vehicle charging stations shall meet the requirements of the California Building or Residential Code, and the provisions of the manufacturer’s installation instructions. Mounting of charging stations shall not adversely affect building elements.
4 Section 5. That if any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Kingsburg hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid by a court of competent jurisdiction.
Section 6. That this ordinance and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect 30 days after adoption.
Section 7. Within fifteen (15) days after adoption of this ordinance, a summary of this ordinance shall be published with the names of the City Council members voting for and against the same, once in a local newspaper of general circulation in the City of Kingsburg, County of Fresno, State of California.
Passed and adopted by a regular meeting of the City Council of the City of Kingsburg, duly called and held on the _____ day of ____ 2024, by the following vote:
Ayes: Council Member(s):
Noes: Council Member(s):
Absent: Council Member(s):
Abstain: Council Member(s):
APPROVED:
Brandon Pursell, Jr., Mayor
ATTEST:
Abigail Palsgaard, City Clerk
5 STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF KINGSBURG )
I, Abigail Palsgaard, City Clerk of the City of Kingsburg do hereby certify that the foregoing Ordinance was duly introduced at a regular meeting of the City Council of the City of Kingsburg on the ____ day of _____, 2024, and it was duly passed and adopted at a regular meeting of said City Council held on the ______ day of ____, 2024.
DATED: , 2024
Abigail Palsgaard, City Clerk
RESIDENTIAL AND NON-RESIDENTIAL CHECKLIST FOR PERMITTING ELECTRIC VEHICLES
AND ELECTRIC VEHICLE SERVICE EQUIPMENT (EVSE)
Please complete the following information related to permitting and installation of Electric Vehicle Service Equipment (EVSE) as a supplement to the Building Permit Application. This checklist contains the technical aspects of EVSE installations and is intended to help expedite permitting and use for electric vehicle charging.
Upon this checklist being deemed complete, a permit shall be issued to the applicant. However, if it is determined that the installation might have specific adverse impact on public health or safety, additional verification will be required before a permit can be issued.
This checklist substantially follows the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” contained in the Governor’s Officer of Planning and Research “Zero Emission Vehicles in California:
Community Readiness Guidebook” and is purposed to augment the guidebook’s checklist.
Job Address: Permit No.
☐ Single-Family ☐ Multi-Family (Apartment) ☐ Multi-Family (Condominium) ☐ Commercial (Single Business) ☐ Commercial (Multi-Businesses) ☐ Mixed-Use ☐ Public Right-of-Way
Location and Number of EVSE to be Installed:
Garage ______ Parking Level(s) _____ Parking Lot _____ Street Curb _____ Description of Work:
Applicant Name:
City of Kingsburg
1401 Draper Street, Kingsburg, CA 93631-1908
(559) 897-5328
Holly Owen
Community Development
Director
AJ O’Connell
Building Official
Alexander J. Henderson
City Manager
Applicant Phone & email:
Contractor Name: License Number & Type:
Contractor Phone & email:
Owner Name:
Owner Phone & email:
EVSE Charging Level: ☐ Level 1 (120V) ☐ Level 2 (240V) ☐ Level 3 (480V) Maximum Rating (Nameplate) of EV Service Equipment = ___________ kW Voltage EVSE = ______ V Manufacturer of EVSE: ___________________________ Mounting of EVSE: ☐ Wall Mount ☐ Pole Pedestal Mount ☐ Other _____________ System Voltage:
☐ 120/240V, 1ϕ, 3W ☐ 120/208V, 3ϕ, 4W ☐ 120/240V, 3ϕ, 4W ☐ 277/480V, 3ϕ, 4W ☐ Other ________________
Rating of Existing Main Electrical Service Equipment = __________ Amperes Rating of Panel Supplying EVSE (if not directly from Main Service) = ________ Amps Rating of Circuit for EVSE: __________ Amps / __________ Poles AIC Rating of EVSE Circuit Breaker (if not Single Family, 400A) = __________ A.I.C. (or verify with Inspector in field)
Specify Either Connected, Calculated or Documented Demand Load of Existing Panel:
• Connected Load of Existing Panel Supplying EVSE = __________ Amps • Calculated Load of Existing Panel Supplying EVSE = __________ Amps • Demand Load of Existing Panel or Service Supplying EVSE = _________ Amps (Provide Demand Load Reading from Electric Utility)
Total Load (Existing plus EVSE Load) = __________ Amps
For Single Family Dwellings, if Existing Load is not known by any of the above methods, then the Calculated Load may be estimated using the “Single-Family Residential Permitting Application Example” in the Governor’s Office of Planning and Research “Zero Emission Vehicles in California: Community Readiness Guidebook” https://www.opr.ca.gov
EVSE Rating __________ Amps x 1.25 = __________ Amps = Minimum Ampacity of EVSE Conductor = # __________ AWG
For Single-Family: Size of Existing Service Conductors = # __________ AWG or kcmil - or - : Size of Existing Feeder Conductor
Supplying EVSE Panel = # __________ AWG or kcmil
(or Verify with Inspector in field)
I hereby acknowledge that the information presented is a true and correct representation of existing conditions at the job site and that any causes for concern as to life-safety verification may require further substantiation of information.
Signature of Permit Applicant: ______________________________________________________________________________ Print Name of Permit Applicant: ____________________________________________________________________________ Date: ________________________
CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor Pursell, Jr & City Council
REPORT FROM: David Peters, City Engineer REVIEWED BY: AP AGENDA ITEM: Laurel Street Dog Park Improvements Update ACTION REQUESTED: ___Ordinance ___Resolution ___Motion ____Receive/File
EXECUTIVE SUMMARY
The City advertised the Laurel Street Dog Park Improvements Project and requested bids on May 17, 2024. On June 19, 2024, the City awarded the construction contract to Don Berry Construction of Kingsburg, California in the amount of $989,270.00. The project is scheduled to begin construction on September 9, 2024.
The award did not include installation of the park lighting and shade structures as these items were included in Additive Alternates and would result in the award exceeding the project budget. Since the time of award, City staff has identified alternate solar lights and alternate shade structures which can be installed at a lower cost than the facilities included in the bid and that can be installed within the project budget. Therefore, lighting and shade structures will be added to the contract and included in the park construction. Details of the alternate lighting and shade structures are attached to this report.
The City Engineer will present the Council with an updated park plan with modified plantings, alternate lighting, and shade structures as well as a detailed project schedule at the September 4, 2024 meeting.
RECOMMENDED ACTION BY CITY COUNCIL
1. No action necessary – informational item only.
POLICY ALTERNATIVE(S)
1. N/A
REASON FOR RECOMMENDATION/KEY METRIC
1. N/A
FINANCIAL INFORMATION
ATTACHED INFORMATION
1. Alternate solar lighting
2. Alternate shade structures
3. Park Rendering
Meeting Date: 09/04/2024
Agenda Item: 6
FISCAL IMPACT:
1. Is There A Fiscal Impact? Yes
2. Is it Currently Budgeted? Yes
3. If Budgeted, Which Line?
DAT199/0524
9120 Centerlinks Commerce Dr - Ste 3 • Fort Myers • FL • 33912 • USA • Phone: 239-461-5522 • Fax: 239-337-7887 MONDAY - FRIDAY 8:00AM - 8:00PM (US EASTERN TIME)
www.solarilluminations.com • [email protected] *SUBJECT TO OUR TERMS & CONDITIONS, AND RETURNS POLICY
BC13
SOLAR BOLLARD LIGHT
The solar ‘Nova’ bollard light can be quickly and easily installed almost anywhere. Ideal for walkways, parking lots, public areas, sidewalks, etc. This LED bollard is made with an all aluminum body and a clear polycarbonate lamp shade. Light output is provided by twelve high intensity white colored LED’s within the circular lens section. In a dark location, this fixture is capable of projecting light outwards and downwards several feet (360 degrees). Available in a choice of two sizes:
small (33” tall), or large (41” tall).
Utilizes high-output LED technology. IES lighting distribution data available.
DAT199/0524
9120 Centerlinks Commerce Dr - Ste 3 • Fort Myers • FL • 33912 • USA • Phone: 239-461-5522 • Fax: 239-337-7887 MONDAY - FRIDAY 8:00AM - 8:00PM (US EASTERN TIME)
www.solarilluminations.com • [email protected] *SUBJECT TO OUR TERMS & CONDITIONS, AND RETURNS POLICY
BC13
SOLAR BOLLARD LIGHT
PERFORMANCE
• Typically illuminates dusk to
dawn (subject to location).
• Automatically turns on at dusk
and off at dawn.
• All aluminum body, satin black
powder coated finish.
• Other colors available via large
quantity orders only (white,
brown, rust, or green).
• Illumination pattern is 360
degrees with projection of light
down towards the ground and
outwards.
• The small bollard is
approximately 33” (84 cm) high.
• The large bollard is
approximately 41” (104 cm) high.
• Main body is approximately 6”
(15 cm) diameter.
• The clear, polycarbonate
lampshade section is
approximately 7” (18 cm)
diameter and 8” (20 cm) high.
• The top light / solar panel
section of the bollard is
approximately 9” (23 cm)
diameter.
• The base flange of the bollard
is approximately 8.5” (21.5 cm)
diameter.
LUMINAIRE
• Twelve super bright, high
output white colored LED bulbs.
• 1.5W LED power.
• Light output is 200 Lumens
• 5,500k LED color temperature
(daylight white)
• Light output is equal to about
20-25 watts of incandescent
lighting.
BATTERY
• 3.7V 2400mAh lithium battery is
pre-installed.
• Battery is replaceable when
needed.
SOLAR PANEL
• High quality 2.5W solar panel.
• The solar panel is built into the
top of the bollard fixture.
DAT199/0524
9120 Centerlinks Commerce Dr - Ste 3 • Fort Myers • FL • 33912 • USA • Phone: 239-461-5522 • Fax: 239-337-7887 MONDAY - FRIDAY 8:00AM - 8:00PM (US EASTERN TIME)
www.solarilluminations.com • [email protected] *SUBJECT TO OUR TERMS & CONDITIONS, AND RETURNS POLICY
9120 Centerlinks Commerce Dr - Ste 3 • Fort Myers • FL • 33912 • USA • Phone: 239-461-5522 • Fax: 239-337-7887 MONDAY - FRIDAY 8:00AM - 8:00PM (US EASTERN TIME)
www.solarilluminations.com • [email protected] *SUBJECT TO OUR TERMS & CONDITIONS, AND RETURNS POLICY
DAT496/0424
SL41
SL41 Solar 60W/80W/100W
(Supplied With 10’, 15’, or 20’ Pole)
This compact, integrated, all-in-one, solar area light
fixture is available in a choice of three different versions (60W, 80W, or 100W LED power). It’s also available with a choice of pole heights (10’, 15’, or 20’) plus customs heights by special order, This fixture offers three different pre-programmed modes which can be selected using
the IR remote control (supplied). This fixture contains an inegrated solar panel mounted discretely on the upper
side and several powerful LED modules and a motion
sensor on the underside. This fixture simply attaches
to the top of the pole or to the side (using an optional support arm).
IES and lighting distribution data
available for 40W, 60W, 80W &
100W Models.
Complete 3D lighting
renderings available for your
application.
9120 Centerlinks Commerce Dr - Ste 3 • Fort Myers • FL • 33912 • USA • Phone: 239-461-5522 • Fax: 239-337-7887 MONDAY - FRIDAY 8:00AM - 8:00PM (US EASTERN TIME)
www.solarilluminations.com • [email protected] *SUBJECT TO OUR TERMS & CONDITIONS, AND RETURNS POLICY
DAT496/0424
SL41
SL41 Solar 60W/80W/100W
(Supplied With 10’, 15’, or 20’ Pole)
LUMINAIRE
• Three different operation modes can be selected
• Timed mode – Offers automatic illumination at dusk at 100%, 70%, or 50% output.
• Motion sensor mode – Offers automatic illumination at dusk upon motion detection at either 100%, 70%, or 50%
output.
• Mixed mode – Offers automatic illumination at dusk
for up to 6 hours at 100%, 70%, or 50% output, then off, except upon motion detection until dawn at 100%, 70%,
or 50% output.
• Select the required operating mode by using the IR
remote control (included)
• 60 Watt version emits 6,500 lumens (at 100% output)
• 80 Watt version emits 8,500 lumens (at 100% output)
• 100 Watt version emits 10,500 lumens (at 100% output) • 5,500~6,000k LED color temperature
• Aluminum construction
• IP65 weather rating
• 60 Watt dimensions approx. 38” x 14” x 4” (96cm x 35cm x 10cm)
• 80 Watt dimensions aprox. 44” x 14” x 4” (112cm x 35cm x 10cm)
• 100 Watt dimensions aprox. 50” x 14” x 4” (127cm x 35cm x 10cm)
• Gray / aluminum finish
SOLAR PANEL
• 60 Watt version is fitted with a 18V 64 Watt solar panel • 80 Watt version is fitted with a 18V 85 Watt solar panel • 100 Watt version is fitted with a 18V 102 Watt solar panel • Glass covered solar panel is integrated into the uper side of the fixture
BATTERY
• Lithium battery pack pre-installed within the fixture • 60 Watt is supplied with a 12.8 V 302 Watt-hour battery • 80 Watt is supplied with a 12.8V 403 Watt-hour battery • 100 Watt is supplied with a 12.8V 502 Watt-hour battery • The long life battery is replaceable when required
9120 Centerlinks Commerce Dr - Ste 3 • Fort Myers • FL • 33912 • USA • Phone: 239-461-5522 • Fax: 239-337-7887 MONDAY - FRIDAY 8:00AM - 8:00PM (US EASTERN TIME)
www.solarilluminations.com • [email protected] *SUBJECT TO OUR TERMS & CONDITIONS, AND RETURNS POLICY
DAT496/0424
SL41
SL41 Solar 40W/60W/80W/100W
(Supplied With 10’, 15’, or 20’ Pole)
POLE
• Tenon is included for top-of-pole mounting
• Ten allows for tilt/angle adjustment
• For side-of-pole mounting, a an optional support
arm is required (not included)
• Choice of a 10’ (3M), 15’ (4.5M), or 20’ (6M) pole is included.
• Other heights by special order
• Pole colors available are gray or black
• 10’ and 15’ pole is fitted with an aprox. 10” x 10” base plate
• 20’ pole is fitted with an aprox. 12.” x 12.5” base plate • Pole is supplied with a j-bolt anchor/template kit
CHARGE CONTROL
• Internal battery over-charge and dis-charge
protection
• Automatic light control for dusk and dawn
• Remote included to select
• desired light mode.
08/23/2024
Hip Roof Shade Structure with 2 Posts
Brand: Shade Structures
Price: $4,988.99
Features:
Steel powder coated posts
90 mph wind load
5 PSF snow load
Shadesure high-density polyethylene shade cloth which will provide hail protection approximately 80% shade and 90% UV protection (see color swatch for exact numbers)
Steel specifications available here
Materials:
2 powder coated posts
Single shade
90 mph wind load
5 PSF snow load
Steel specifications available here
Shadesure high-density polyethylene shade cloth
80% shade and 90% UV protection
Certifications:
ASTM E84
.shade-cert0{fill:none;stroke:#2f734f;stroke-width:3;stroke-linecap:round;stroke-miterlimit:10;} .shade-cert1{fill:none;stroke:#2f734f;stroke-width:2;stroke-miterlimit:10;} .shade-cert2{fill:none;stroke:#2f734f;stroke-miterlimit:10;} .shade-cert3{fill:#2f734f;}
NFPA 701 Test Method 1 & 2
UL 2218 Class IV
Specification Details:
Steel powder coated posts
90 mph wind load
Approximately 60% to 80% water run-off
5 PSF snow load
Shadesure high-density polyethylene shade cloth which will provide hail protection approximately 80% shade and 90% UV protection (see color swatch for exact numbers)
Steel specifications available here
Customize:
To customize your shade at no additional cost, choose from the many different steel and fabric color options in the drop down menu.
Check out the Fabric Option section above to see if the quick release mechanism for the shade is available. Click to add this option to your quote or cart.
Not finding the size you need. The shade size can also be customized if you reach out to us.
We can give you a quote for adding your school or company logo to the shade at an additional cost Please let us know if you need something that is DSA compliant for permitting purposes in the state of California. The materials come at an additional cost.
Covering a larger area? Combined and joined options are available For extreme sun locations, we have a few higher shade/UV protection fabrics available, just reach out and ask for our Extreme 32 options.
Product Specifications:
Equipment Weight: 650 lb
Installed Dimensions: 16' to 22' x 10' to 14' x 8' to 12' tall Length / Width: 10 Feet / 16 Feet / 8 Feet
.usa-bw-green{fill:#2f734f;stroke:none;} .usa-bw-dark-green{fill: #193d2a; stroke: none; } Made In USA Description:
Hip Roof Shade Structure with 2 Posts and 10 Foot Entry and 2 posts. Playground Shade Structure. Shade fabric blocks up to 90% harmful UV rays protect kids and play equipment. Ideal for covering playground equipment and picnic areas. This product is the shade only -- park equipment from picture is not included.
Contract Award / Budget
Considerations
Contract award to Don Berry Construction
Awarded Base Bid plus Alternate A
Includes park infrastructure & bathroom
Does not include lights or shade structures
Alternate Equipment Selections
Solar Bollard Lights
Solar Area Lights
Alternative Shade Structures
BOLLARD LIGHTS
ALTERNATE SHADE STRUCTURES
Original Alternate
SCHEDULE
• Begin Work – September 9th
• Order of Work
• Grading – 9/17
• Underground Utilities – 9/25
• Hardscape / Parking Area– 10/8
• Path & Lighting – 10/11
• Surfacing/Play Equipment – 11/1
• Irrigation & Planting – 11/8
• Project Completion – Nov 8th
Solar Project Update
Locations
Well Site 13- East of 10th Ave/ Ventura
Well Site 16- Erling Park -22nd Ave /
Klepper
Police Department -1300 California
Public Works- 1200 Kern
Well 13
Well 16
Police
Department
PW Yard
When will
Construction
Start?
• Upon receipt of steel
• Work is anticipated to
occur at multiple
locations at once
• PD & Well Sites
Questions?
6 Staff Report -
Laurel Dog Park Upda
CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor Palomar & Council Members
REPORT FROM: Alexander J. Henderson, City Manager; ICMA-CM REVIEWED BY: CW AGENDA ITEM: Fiscal Year 2023-2024 Revenues Collection Update ACTION REQUESTED: ___Ordinance ___Resolution ___Motion _____Receive/File
EXECUTIVE SUMMARY
As part of our regular reporting, staff is providing current and historical information related to the major general fund revenues received, including:
1. Bradley Burns Sales Tax
2. 1% District Tax – Measure E Public Safety
3. Property Tax Collection
4. Motor Vehicle Fees
5. Transient Occupancy Taxes (TOT)
6. Licenses, Permits and Fees
The information presented includes updated revenues received as of August 30, 2024 for Fiscal Year 2023-2024.
Due to the way revenues are received, we often receive funds after the end of the fiscal year and may receive minor amounts through “true-up” processes. Staff will provide some background information and will be available to answer questions.
RECOMMENDED ACTION BY CITY COUNCIL
1. Informational only.
POLICY ALTERNATIVE(S)
1. N/A
STRATEGIC INITIATIVE
1. Ensure Financial Stability
FINANCIAL INFORMATION
Meeting Date: 09/04/2024
Agenda Item: 8
FISCAL IMPACT:
1. Is There A Fiscal Impact? Yes
2. Is it Currently Budgeted? Yes
3. If Budgeted, Which Line? Varies