ALL CELL PHONES AND ELECTRONIC DEVICES MUST BE
TURNED OFF IN THE COUNCIL CHAMBERS
AGENDA
REEDLEY CITY COUNCIL MEETING
7:00 P.M.
TUESDAY, June 28, 2022
Meeting Held in the Council Chambers
845 "G" Street, Reedley, California
www.reedley.ca.gov
The Council Chambers are accessible to the physically disabled. Requests for additional accommodations for the disabled, including auxiliary aids or to request translation services, should be made 48 hours prior to the meeting by contacting the City Clerk at 637-4200 ext. 212.
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, pursuant to the adopted City Council Protocols.
The meeting will be webcast and accessed at: http://www.reedley.com/livestream.php *PLEASE SEE LAST PAGE OF AGENDA FOR ZOOM PARTICIPATION INSTRUCTIONS* Robert Beck, Mayor Pro Tern
Ray Soleno, Council Member
MEETING CALLED TO ORDER
Mary L. Fast, Mayor
Anita Betancourt, Council Member
Matthew Tuttle, Council Member
INVOCATION- Rev. Kaz Nakata, Reedley Buddhist Church
PLEDGE OF ALLEGIANCE
ROLL CALL
AGENDA APPROVAL - ADDITIONS AND/OR DELETIONS
PRESENTATION
1. JULY IS PARKS & RECREATION MONTH PROCLAMATION - Community Services 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. Concerns or complaints will be referred to the City Manager's office. Speakers should limit their comments to not more than three (3) minutes. No more than ten (1 OJ minutes per issue will be allowed. 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.
NOTICE TO PUBLIC
CONSENT AGENDA items are considered routine and a recommended action for each item is included, and will be voted upon as one item. If a Councilmember has questions, requests additional information, or wishes to comment on an item, the vote should not be taken until after questions have been addressed or comments made, and the public has had an opportunity to comment on the Consent Agenda items. If a Councilmember wishes to have an item considered individually or change the recommended action, then the item should be removed and acted upon as a separate item. A Councilmember's vote in favor of the Consent Agenda is considered and recorded as a separate affirmative vote in favor of each action listed. Motions in favor of the Consent Agenda are deemed to include a motion to waive the full reading of any ordinance on the Consent Agenda. For adoption of ordinances, only those that have received a unanimous vote upon introduction are considered Consent items.
CONSENT AGENDA (Item 2-6) Motion 2nd
---- -----
2. APPROVAL OF MINUTES OF THE REGULAR COUNCIL MEETING OF JUNE 14, 2022. - (City Clerk)
Staff Recommendation: Approve
3. ADOPT RESOLUTION NO. 2022-059 APPROVING THE SUBDIVISION MAP
IMPROVEMENT AGREEMENT AND FINAL MAP FOR PHASE THREE OF TENTATIVE SUBDIVISION MAP 6178 (FRANKWOOD COMMONS)- (Community Development & Engineering)
Staff Recommendation: Approve
4. ADOPT RESOLUTION NO. 2022-061, ACCEPTING THE CONSTRUCTION
IMPROVEMENTS FOR THE MANNING AVENUE SIDEWALKS PROJECT FROM
FRANKWOOD TO REED AVENUE AND AUTHORIZE THE CITY ENGINEER TO FILE A
NOTICE OF COMPLETION WITH THE COUNTY OF FRESNO RECORDER'S OFFICE - (Engineering)
Staff Recommendation: Approve
5. ADOPT RESOLUTION 2022-063 TO APPROVE AND AUTHORIZE THE CITY MANAGER
TO SIGN THE AMERICAN RESCUE PLAN (ARP) CONTRACT BETWEEN CITY OF REEDLEY AND FRESNO-MADERA AREA AGENCY ON AGING (FMAAA) -(Community Services)
Staff Recommendation: Approve
2 6. ADOPT RESOLUTION NO. 2022-065 APPROVING AND ACCEPTING THE FISCAL YEAR 2022-2023 CLAIMS FOR MEASURE C LOCAL TRANSPORTATION FUNDS FROM THE FRESNO COUNTY TRANSPORTATION AUTHORITY- (Engineering) Staff Recommendation: Approve
PUBLIC HEARING
7. ADOPT RESOLUTION NO. 2022-060 ADOPTING THE DEVELOPMENT IMPACT FEE
NEXUS STUDY AND THE DEVELOPMENT IMPACT FEE UPDATE APPLICABLE TO
NEW DEVELOPMENT IN THE CITY OF REEDLEY AND PROVIDING FOR THE ENACTMENT, PUBLICATION AND EFFECTIVE DATE THEREOF - Report, discussion and/or other Council action to approve, modify, and/or take other action as appropriate. - (Administrative Services & Community Development)
Staff Recommendation: Approve
COUNCIL REPORTS
8. BRIEF REPORT BY COUNCIL MEMBERS ON CITY RELATED ACTIVITIES AS AUTHORIZED BY THE BROWN ACT AND REQUESTS FOR FUTURE AGENDA ITEMS.
STAFF REPORTS
9. UPDATES AND/OR REPORTS BY CITY MANAGER AND/OR STAFF MEMBERS.
ADJOURNMENT
I hereby certify under penalty of perjury, under the laws of the State of California that the foregoing revised agen a was posted in accordance with the applicable legal requirements. Dated this 22nd day of June 2022.
Zoom Participation:
The City Council is encouraging members of the public to observe and participate in the Council meeting virtually. Reasonable efforts will be made to allow written and verbal comments from participants communicating with the host of the virtual meeting. To do so, participants may "raise their hand" during public comment portions of the meeting using the electronic feature on the zoom program, and the City Clerk will inform the Mayor of the participant's desire to provide public comment. Due to the new, untested format of these meetings, the City cannot guarantee that participants who wish to provide public comment, either in writing or verbally, will occur as expected.
The "chat" feature on Zoom will not be monitored or used during the meeting.
Members of the public who wish to provide written comments are encouraged to submit their comments to the City Clerk at [email protected] at least two (2) hours 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.
3 JULY IS PARKS & RECREATION MONTH
WHEREAS, the Parks and Recreation profession in California "Creates Community through People, Parks and Programs"; and
WHEREAS, our parks help to preserve and protect the natural and cultural resources of California; and
WHEREAS, Parks and Recreation services support more productive workforces, enhance the desirability of locations for business and families, and stimulate tourism revenues to increase a total community development model; and WHEREAS, Parks and Recreation strengthens community image and sense of place, and increases cultural unity; and
WHEREAS, Parks and Recreation promotes health and wellness and reduces health care costs; and
WHEREAS, Parks and Recreation fosters human development, helping young people develop and grow into healthy adults, and helping adults continue to live longer; and WHEREAS, Parks and Recreation facilitates community problem solving; and WHEREAS, Parks and Recreation strengthens safety and security and reduces juvenile crime; and
WHEREAS, hundreds of California children, adults and seniors benefit from the wide range of services, facilities and programs provided by the City of Reedley Community Services Department;
NOW, THEREFORE, be it resolved that City Council of the City of Reedley urges all residents to enjoy and recognize the social, physical, mental, economic, environmental and community benefits derived from our community center, public parks, community swimming programs and all services and programs offered through Community Services Department, which provide something of value to everyone, and recognize July as "Parks and Recreation Month".
DATED: June 28, 2022
M~LCf~
Mayor of the City of Reedley
REEDLEY CITY COUNCIL MEETING - June 14, 2022
A complete audio record ofthe minutes is available at www.reedley.ca.gov The meeting of Reedley City Council called to order by Mayor Fast at 7:03 p.m. on Tuesday, June 14, 2022 in the City Hall Council Chambers, 845 "G" Street, Reedley, California.
INVOCATION - Pastor Neal Harris, First United Methodist Church
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Soleno
ROLL CALL
Council Members
Present:
Absent:
Anita Betancourt, Ray Soleno, Matthew Tuttle, Mary Fast Robert Beck.
AGENDA APPROVAL - ADDITIONS AND/OR DELETIONS
Council Member Tuttle motioned, Council Member Soleno seconded to accept and approve agenda.
Motion unanimously carried.
PRESENTATION
1. FRESNO REGIONAL WORKFORCE DEVELOPMENT BOARD
Sergio Martinez, Martha Espinosa and Blake Konczal discussed the different programs and services that Fresno Regional Workforce Development Board offers to the community.
PUBLIC COMMENT
None.
CONSENT AGENDA (Item 2-7)
Mayor Fast requested item 7 be removed for further discussion.
Mayor Fast asked to discuss item 7 prior to the vote. Debbie Barletta, Assistant Program Director with Self Help Enterprises explained the program and discussed upcoming project.
Council Member Betancourt moved, Council Member Tuttle seconded to accept, approve and adopt all items listed under the CONSENT AGENDA.
2. APPROVAL OF MINUTES OF THE SPECIAL COUNCIL MEETING OF MAY 17, 2022. -Approved
3. APPROVAL OF MINUTES OF THE SPECIAL AND REGULAR COUNCIL MEETINGS OF MAY 24, 2022 -Approved
4. APPROVE AND AUTHORIZE THE CITY MANAGER TO SIGN AN AGREEMENT ADDENDUM WITH RINCON CONSULTANTS, INC. TO CONTINUALLY PERFORM ON-CALL PROFESSIONAL SERVICES FOR THE COMMUNITY DEVELOPMENT DEPARTMENT-Approved
5. APPROVE AND AUTHORIZE AN ADDITIONAL ALLOCATION NOT TO EXCEED $30,000 FOR THE
COMPLETION OF THE ENVIRONMENT AL ANALYSIS FOR THE MANNING A VENUE ANNEXATION - Approved
6. APPROVAL OF ITEMS PERTAINING TO THE EXPANDED LEARNING PROGRAMS:
A. RATIFY THE AUTHORIZATION FOR CITY MANAGER TO SIGN AND SUBMIT A
RESPONSE TO THE REQUEST FOR PROPOSAL (RFP) FOR EXPANDED LEARNING REEDLEY CITY COUNCIL MEETING - June 14, 2022
STAFFING AND OPERATIONS WITH FRESNO COUNTY SUPERINTENDENT OF
SCHOOLS (FCSS)
B. IF AWARDED, AUTHORIZE THE CITY MANAGER TO SIGN THE MASTER
PROGRAM PROVIDER AGREEMENT WITH FRESNO COUNTY SUPERINTENDENT
OF SCHOOLS AND ALL PERTAINING DOCUMENTS
-Approved
7. ADOPT RESOLUTION NO. 2022-055 SUPPORTING THE APPLICATION OF SELF-HELP
ENTERPRISES FOR THE LOCAL GOVERNMENT MATCHING GRANTS PROGRAM AND
APPROVING GUARDIAN VILLAGE' S BUDGET FOR THE LOCAL GOVERNMENT GRANTS PROGRAM-Approved
PUBLIC HEARING
8. ADOPT RESOLUTION NO. 2022-056 LEVYING THE FISCAL YEAR 2022-2023 ANNUAL ASSESSMENTS FOR THE CITY OF REEDLEY LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1 City Engineer, Marilu Morales explained this resolution is required yearly by the Landscaping and Lighting Act of 1972 in order to impose the annual assessments for the maintenance and care of landscaped areas in the City's Landscaping and Lighting Maintenance District # 1. On May 24, 2022 the City Council initiated the proceeding for the annual levy and collection of assessments and preliminary approved the Engineer's Report for the annual levy and collection assessments and to set a public hearing regarding the proposed assessments.
Public Hearing Opened: 7:39 p.m.
Public Hearing Closed: 7:40 p.m.
Council Member Tuttle moved, Council Member Soleno seconded to accept, and: ADOPT RESOLUTION NO. 2022- 056 LEVYING THE FISCAL YEAR 2022-2023 ANNUAL ASSESSMENTS FOR THE CITY OF REEDLEY LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1
A YES: Tuttle, Soleno, Betancourt, Fast.
NOES: None.
ABSTAIN: None.
ABSENT: Beck.
ADMINISTRATIVE BUSINESS
9. ADOPT RESOLUTION NO. 2022-057 ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2022-23 FUNDED BY SB 1: THE ROAD REP AIR AND ACCOUNT ABILITY ACT OF 2017 City Engineer, Marilu Morales discussed the list of proposed projects for fiscal year 2022-23. Ms. Morales also asked Council if they could authorize staff to include the full reconstruction of six railroad crossings. Mayor Fast asked for clarification of the project and wanted to confirm that each railroad crossing would be worked on individually and not have all six intersections closed at the same time. Ms. Morales confirmed that it would not cause all six railroad intersections to be closed simultaneously.
Council Member Soleno moved, Council Member Betancourt seconded to accept, and: ADOPT RESOLUTION NO. 2022-057 ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2022-23 FUNDED BY SB 1: THE ROAD REP AIR AND ACCOUNT ABILITY ACT OF 2017
A YES: Soleno, Betancourt, Tuttle, Fast
NOES: None.
ABSTAIN: None.
ABSENT: Beck.
10. ADOPT RESOLUTION NO. 2022-058 APPROVING AND IMPOSING LEVEL 2 WATER
CONSERVATION RESTRICTIONS
Public Works Director, Russ Robertson explained the Governor of the State of California declared a State of Emergency to exist across all counties of California due to extreme and expanding drought conditions. On May 2 REEDLEY CITY COUNCIL MEETING - June 14, 2022
24, 2022 the State Water Resources Control Board adopted an emergency water conservation regulation in response to Governor Newsom's executive order. The regulation requires urban water suppliers to implement Level 2 of their water conservation plans or ordinances to take effect on June 10, 2022. The notification change was placed in the Mid Valley Times, on the City's social media sites and the website. English and Spanish versions will also be sent with the June utility bill.
Council Member Betancourt moved, Council Member Tuttle seconded to accept, and: ADOPT RESOLUTION NO. 2022-058 APPROVING AND IMPOSING LEVEL 2 WATER CONSERVATION RESTRICTIONS A YES: Betancourt, Tuttle, Soleno, Fast
NOES: None.
ABSTAIN: None.
ABSENT: Beck.
11. ADOPTION OF 2022-2023 FISCAL YEAR BUDGET AND RELATED FISCAL ITEMS A. ADOPT RESOLUTION NO. 2022-051 OF THE CITY COUNCIL OF THE CITY OF REEDLEY,
ACTING IN ITS CAPACITY AS CITY COUNCIL TO THE CITY, SUCCESSOR AGENCY TO
THE FORMER REDEVELOPMENT AGENCY, AND AS THE BOARD OF THE REEDLEY
HOUSING AUTHORITY, ADOPTING THE FINAL BUDGET OF THE CITY OF REEDLEY FOR THE FISCAL YEAR JULY 1, 2022 TO JUNE 30, 2023 , PROVIDING FOR THE
APPROPRIATION AND EXPENDITURE OF ALL SUMS SET FORTH IN SAID FINAL
BUDGET, PROVIDING FOR THE TRANSFERS AND ADDITIONAL APPROPRIATIONS AND
REPEALING ALL RESOLUTIONS AND PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH, EXCEPT AS PROVIDED FOR BY MINUTE ORDER OF THE CITY COUNCIL ON JUNE 14, 2022
B. ADOPT RESOLUTION NO. 2022-052 OF THE CITY COUNCIL OF THE CITY OF REEDLEY
ADOPTING MASTER SALARY TABLES FOR ALL EMPLOYEES OF THE CITY OF REEDLEY C. ADOPT RESOLUTION NO. 2022-053 OF THE CITY COUNCIL OF THE CITY OF REEDLEY
ESTABLISHING A SALARY AND BENEFIT SCHEDULE FOR UNREPRESENTED
EMPLOYEES
D. APPROVE AND AUTHORIZE THE CITY MANAGER TO EXECUTE A SIDE LETTER
AGREEMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
REEDLEY AND THE INTERNATIONAL UNION OF OPERATING ENGINEERS STATIONARY LOCAL 39 (AKA GENERAL SERVICES UNIT) REGARDING RECOGNITION OF SPECIFIC
JOB CLASSIFICATIONS
E. ADOPT RESOLUTION NO. 2022-035 OF THE CITY COUNCIL OF THE CITY OF REEDLEY
ESTABLISHING A REVISED COMPENSATION SCHEDULE FOR THE VOLUNTEER FIRE
DEPARTMENT
F. APPROVE AND AUTHORIZE THE CITY MANAGER TO EXECUTE A TWO-YEAR
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF REEDLEY AND THE REEDLEY POLICE OFFICERS ASSOCIATION, EFFECTIVE JULY 1, 2022 AND ENDING JUNE 30, 2024
G. APPROVE AND AUTHORIZE THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE COUNTY OF FRESNO TO ADMINISTER AND RECEIVE UP TO $92,172 IN
COMMUNITY DEVELOPMENT BLOCK GRANT CORONA VIRUS RESPONSE FUNDS FOR SENIOR CITIZEN MEAL PROGRAM COSTS INCURRED FROM JUNE 2021 THROUGH MAY 2023
H. ADOPT BUDGET RESOLUTION NO. 2022-054 OF THE CITY COUNCIL OF THE CITY OF REEDLEY AMENDING THE FISCAL YEAR 2022-23 BUDGET APPROPRIATING $92, 172 IN
COMMUNITY DEVELOPMENT BLOCK GRANT CORONA VIRUS RESPONSE FUNDING
THROUGH THE COUNTY OF FRESNO TO FUND THE SENIOR CITIZEN MEAL PROGRAM FOR ELIGIBLE COSTS INCURRED FROM JUNE 2021 THROUGH MAY 2023 3 REEDLEY CITY COUNCIL MEETING - June 14, 2022
Assistant City Manager, Paul Melikian explained this is the final item for the adoption of the 2022-2023 fiscal year budget which has been discussed at previous meetings.
Council Member Tuttle moved, Council Member Soleno seconded to accept, and:
AYES:
NOES:
ABSTAIN:
ABSENT:
A. ADOPT RESOLUTION NO. 2022-051 OF THE CITY COUNCIL OF THE CITY OF
REEDLEY, ACTING IN ITS CAPACITY AS CITY COUNCIL TO THE CITY,
SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY, AND AS
THE BOARD OF THE REEDLEY HOUSING AUTHORITY, ADOPTING THE FINAL BUDGET OF THE CITY OF REEDLEY FOR THE FISCAL YEAR JULY 1, 2022 TO JUNE 30, 2023, PROVIDING FOR THE APPROPRIATION AND EXPENDITURE OF
ALL SUMS SET FORTH IN SAID FINAL BUDGET, PROVIDING FOR THE
TRANSFERS AND ADDITIONAL APPROPRIATIONS AND REPEALING ALL
RESOLUTIONS AND PARTS OF RESOLUTIONS IN CONFLICT HEREWITH, EXCEPT AS PROVIDED FOR BY MINUTE ORDER OF THE CITY COUNCIL ON JUNE 14, 2022 Tuttle, Soleno, Betancourt, Fast
None.
None.
Beck.
Council Member Betancourt moved, Council Member Tuttle seconded to accept, and:
AYES:
NOES:
ABSTAIN:
ABSENT:
B. ADOPT RESOLUTION NO. 2022-058 APPROVING AND IMPOSING LEVEL 2 WATER
CONSERVATION RESTRICTIONS
Betancourt, Tuttle, Soleno, Fast
None.
None.
Beck.
Council Member Tuttle moved, Council Member Soleno seconded to accept, and:
AYES:
NOES:
ABSTAIN:
ABSENT:
C. ADOPT RESOLUTION NO. 2022-053 OF THE CITY COUNCIL OF THE CITY OF REEDLEY
ESTABLISHING A SALARY AND BENEFIT SCHEDULE FOR UNREPRESENTED
EMPLOYEES
Tuttle, Soleno, Betancourt, Fast
None.
None.
Beck.
Council Member Soleno moved, Council Member Betancourt seconded to accept, and:
AYES:
NOES:
ABSTAIN:
ABSENT:
D. APPROVE AND AUTHORIZE THE CITY MANAGER TO EXECUTE A SIDE LETTER
AGREEMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
REEDLEY AND THE INTERNATIONAL UNION OF OPERATING ENGINEERS STATIONARY LOCAL 39 (AKA GENERAL SERVICES UNIT) REGARDING RECOGNITION OF SPECIFIC
JOB CLASSIFICATIONS
Soleno, Betancourt, Tuttle, Fast
None.
None.
Beck.
Council Member Betancourt moved, Council Member Tuttle seconded to accept, and:
AYES:
NOES:
ABSTAIN:
ABSENT:
E. ADOPT RESOLUTION NO. 2022-035 OF THE CITY COUNCIL OF THE CITY OF REEDLEY
ESTABLISHING A REVISED COMPENSATION SCHEDULE FOR THE VOLUNTEER FIRE
DEPARTMENT
Betancourt, Tuttle, Soleno, Fast
None.
None.
Beck.
Council Member Tuttle moved, Council Member Soleno seconded to accept, and:
4 REEDLEY CITY COUNCIL MEETING - June 14, 2022
AYES:
NOES:
ABSTAIN:
ABSENT:
F. APPROVE AND AUTHORIZE THE CITY MANAGER TO EXECUTE A TWO-YEAR
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF REEDLEY AND THE REEDLEY POLICE OFFICERS ASSOCIATION, EFFECTIVE JULY l , 2022 AND ENDING JUNE 30,2024
Tuttle, Soleno, Betancourt, Fast
None.
None.
Beck.
Council Member Tuttle moved, Council Member Betancourt seconded to accept, and:
AYES:
NOES:
ABSTAIN:
ABSENT:
G. APPROVE AND AUTHORIZE THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE COUNTY OF FRESNO TO ADMINISTER AND RECEIVE UP TO $92, 172 IN
COMMUNITY DEVELOPMENT BLOCK GRANT CORONA VIRUS RESPONSE FUNDS FOR SENIOR CITIZEN MEAL PROGRAM COSTS INCURRED FROM JUNE 2021 THROUGH MAY 2023
Tuttle, Betancourt, Soleno, Fast
None.
None.
Beck.
Council Member Betancourt moved, Council Member Soleno seconded to accept, and:
H. ADOPT BUDGET RESOLUTION NO. 2022-054 OF THE CITY COUNCIL OF THE CITY OF REEDLEY AMENDING THE FISCAL YEAR 2022-23 BUDGET APPROPRIATING $92,172 IN
COMMUNITY DEVELOPMENT BLOCK GRANT CORONA VIRUS RESPONSE FUNDING
THROUGH THE COUNTY OF FRESNO TO FUND THE SENIOR CITIZEN MEAL PROGRAM FOR ELIGIBLE COSTS INCURRED FROM JUNE 2021 THROUGH MAY 2023 AYES:
NOES:
ABSTAIN:
ABSENT:
Betancourt, Soleno, Tuttle, Fast
None.
None.
Beck.
RECEIVE INFORMATION & REPORTS
These items are formal transmittals of information to the Reedley City Council. They are not voted upon by the Reedley City Council. Members of the public who have questions on these items are suggested to call City staff members during regular business hours.
12. REEDLEY AIRPORT COMMISSION MINUTES OF REGULAR MEETING OF JANUARY 22, 2022
13. REEDLEY PLANNING COMMISSION MINUTES OF REGULAR MEETING OF APRIL 21 , 2022
COUNCIL REPORTS
14. BRIEF REPORT BY COUNCIL MEMBERS ON CITY RELATED ACTIVITIES AS AUTHORIZED BY THE BROWN ACT AND REQUESTS FOR FUTURE AGENDA ITEMS.
Council Member Tuttle:
• Discussed recreation activities he has attended through the Community Services Department • Thanked the police department for how professional they were on a recent call for service Council Member Betancourt:
• Reminded everyone with there being water in the river they should take advantage of the free swim lessons being offered
Mayor Fast
• Agreed with Council Member Betancourt and reminded everyone about water safety • Inquired about services provided at Reedley Beach
• Discussed the Council of Governments meeting she attended and provided a brief update • Attended the Memorial Day presentation at the Reedley Cemetery and shared it was a nice event • Mentioned the remote control airplane show that was at the Reedley Airport 5 REEDLEY CITY COUNCIL MEETING - June 14, 2022
• Attended the reveal of the concept designs for the new library • Discussed the Hope Now dinner event she attended in Clovis • Met with the Measure C renewal committee
• Attended the Senior magic show & milkshake event and stated it was a great event
STAFF REPORTS
15. UPDATES AND/OR REPORTS BY CITY MANAGER AND/OR STAFF MEMBERS.
City Manager, Nicole Zieba
• Mentioned Senator Padilla accepted the funding request for sewer line improvements • Discussed the ballot received from Alta Irrigation District regarding fees
CLOSED SESSION
16. GOVERNMENT CODE SECTION 54956.9
CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION
Initiation of Litigation Pursuant to Paragraph ( 4) of Subdivision ( d) of Section 54956.9 (Deciding Whether to Initiate Litigation): one (1) case Public Comment:
None.
RECONVENE TO OPEN SESSION
City Attorney, Laurie Avedisian-Favini reported that Council approved initiation of litigation for receivership for the property located at 792 E. Duff Avenue, by a unanimous vote of 4-0 with Councilmember Beck absent.
ADJOURNMENT
Mayor Fast adjourned the regular meeting at 9:22 p.m.
Mayor Mary Fast
ATTEST:
Ruthie Greenwood, City Clerk
6 OWNER'S STATEMENT
WE, THE UNDERSIGNED, BEING ALL PARTIES HAVING ANY RECORD TITLE INTEREST IN THE LAND WITHIN THE SUBDIVI SION, HEREBY CONSENT TO THE
PREPARATION AND RECORDATION OF THIS MAP, AND HEREBY OFFER FOR DEDICATION THE FOLLOWING, AS SHOWN WITHIN THE BOUNDARIES OF THE MAP HEREON , FOR THE SPECIFIED PURPOSES:
2. IN FEE TO THE CITY OF REEDLEY, FOR STREET AND PUBLIC PURPOSES, THOSE PORTIONS OF SOUTH FRANKWOOD AVENUE, JASMINE
AVENUE, DEL ALTAIR AVENUE, LYON STREET, CYCLONE STREET, AND NORTHEAST AVENUE LYING WITHIN THE BOUNDARIES OF THIS SUBDIVISION.
OUTLOTS A AND B IN FEE TO THE CITY OF REEDLEY FOR LANDSCAPING, PUBLIC UTILITIES, SIDEWALKS, BLOCK WALLS AND OTHER PUBLIC
PURPOSES
3. PUBLIC UTILITY EASEMENTS, IN FAVOR OF THE CITY OF REEDLEY, FOR THE INSTALLATION AND MAINTENANCE OF GAS LINES AND CONDUITS
FOR ELECTRIC, TELEVISION AND TELEPHONE SERVICES, TOGETHER WITH ANY AND ALL APPURTENANCES PERTAINING TH ERETO, AS SHOWN HEREON AND DESIGNATED AS "PUE" (PUBLIC UTILITY EASEMENT).
4. BLOCK WALL EASEMENTS, AS SHOWN HEREON, IN FAVOR OF THE CITY OF REEDLEY AND DESIGNATED AS "BWE"
5. PEDESTRIAN ACCESS EASEMENTS AS SHOWN HEREON, IN FAVOR OF THE CITY OF REEDLEY AND DESIGNATED AS "PAE" OWNER PRESIDIO JJR SAN RIO 100, LLC, A DELAWARE LIMITED LIABILITY COMPANY BY JJR MANAGEMENT SERVICES, INC. A CALIFORNIA CORPORATION, ITS OPERATING MANGER JOSEPH A. LEAL, PRESIDENT
A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURAC Y, OR VALIDITY OF THAT DOCUMENT.
STATE OF CALIFORNIA
COUNTY OF ________ _
ON __________ , 20_, BEFORE ME, _ ________ NOTARY PUBLIC PERSONALLY APPEARED - - - - ----------~ WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HEISHEfTHEY EXECUTED
THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THIER SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S),
OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THIS INSTRUMENT
I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORN IA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND.
NOTARY PUBLIC
(PRINT NAME)
COUNTY OF PRINCIPAL PLACE OF BUSINESS: ____ _
DATE COMMISSION EXPIRES ____ ____ _
COMMISSION NO: _________ _
ABANDONMENT NOTE
MAP OF TRACT NO. 6178
FRANKWOOD COMMONS NO. 3
IN THE SOUTHWEST 1/4 OF SECTION 14, TOWNSHIP 15 SOUTH , RANGE 23 EAST, MOUNT DIABLO BASE & MERIDIAN IN THE CITY OF REEDLEY, COUNTY OF FRESNO, STATE OF CALIFORNIA.
SHEET 1, CONSISTING OF 2 SH EETS
SURVEYED AND PLATTED BY 4 CREEKS , INC.
LEGAL DESCRIPTION
PARCEL 3 OF PARCEL MAP 20 19-0 1, IN THE CITY OF REED LEY, COUNTY
OF FRESNO, STATE OF CALI FORN IA, ACCORDING TO THE M AP THEREOF RECORDED SEPTEMBER 25, 2020, IN BOOK 76 PAGE 17 OF PARCEL MAPS, FRESNO COUNTY RECORDS.
SURVEYOR'S STATEMENT THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY, TRUE
AND COMPLETE AS SHOWN, IN CON FORMANCE WITH THE REQU IREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDIN ANCE AT THE REQUEST OF SAN JOAQUIN VALLEY HOMES ON JANUARY 1, 2021. ALL
THE MONUMENTS ARE, OR WILL BE, OF THE CHARACTER AND IN THE LOCATIONS SHOWN HEREON , AND SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED.
RANDY WASNICK, P.L.S. 8163 DATE
THIS PROPERTY SUBJECT TO THE FOLLOWING: 1. EASEMENT FOR PUBLIC ROAD RIGHT OF WAY PER DOC. RECORDED JULY 20, 1887 IN BOOK 61 OF DEEDS, AT PAGE 133 , FRESNO COUNTY RECORDS, AND SHOWN HEREON.
2. AN EASEMEN T FOR THE TRANSM ISSION OF ELECTRICAL ENERGY FOR TELEPHONE AND TELEGRAPH PURPOSES RECORDED MARCH 19, 1953, IN BOOK 3281 , AT PAGE 539, FRESNO COUNTY OFFICIAL RECORDS, AND SHOWN HEREON.
3. RIGHTS OF THE PUBLIC TO ANY PORTION OF THE LAN D LYING WITHIN THE AREA COMMONLY KNOWN AS FRANKWOOD AVE NUE AND SOUTH AVENUE.
4. STORM DRAIN, SANITARY SEWER, ACCESS AND UTILITY EASEMENTS IN FAVOR OF TH E CITY OF REEDLEY AS SHOWN ON MAP RECORDED IN BOOK 76 OF PARCEL MAPS, AT PAGE 17 & 18, FRESNO COUNTY RECORDS.
I ADAMSAVE. II I
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z :::j 0 "' 0 ::;; )> 0 z ;:;; 0 SUBJECT ~ r
THE RECORDING OF THIS MAP DOES HEREBY CONSTITUTE THE ABANDONMENT OF THE FOLLOWING EASEMENTS: n 0 ~ ROPERTY 5
1. THAT PORTION OF THE STORM DRAIN AND SANITARY SEWER AND ACCESS EASEMENT IN FAVOR OF THE CITY OF REEDLEY PER PARCEL MAP NO. 2019-01 , RECORDED IN BK. 76 OF PARCEL MAPS, AT PAGES 17 & 18, FRESNO COUNTY RECORDS, LYING WITH IN THE BOUNDARIES OF TH IS MAP SOUTH AVE.
PARLIER AVE.
CITY OF
REEDLEY.CA
VICINITY MAP
NO SCALE
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CITY ENGINEER'S STATEMENT I, MARILU S. MORALES, REEDLEY CITY ENGINEER, DO HEREBY STATE TH AT I HAVE EXAMINED
THIS MAP, AND THAT THE SUBDIVISION SHOWN IS SUBSTANTIALLY THE SAME AS IT APPEARED
ON THE APPROVED TENTATIVE MAP AND, ANY APPROVED ALTERATIONS THEREOF, AND THAT
ALL PROVISIONS OF THE SUBDIVISION MAP ACT AND OF ANY LOCAL ORDINANCES APPLICABLE AT THE TIME OF THE APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPLIED WITH.
MARILU S. MORALES, R.C.E. 79864 DATE
CITY ENGINEER OF THE CITY OF REEDLEY
CONSULTING LAND SURVEYOR'S STATEMENT ON BEHALF OF THE CITY OF REED LEY I. DOUGLAS "JOHN" JOHNSON, AM SATISFIED THAT THIS MAP IS TECHNICALLY CORRECT.
DOUGLAS "JOHN" JOHNSON, P LS 6360 DATE
CITY SURVEYOR FOR TH E CITY OF REEDLEY
CITY CLERK'S CERTIFICATE I HEREBY CERTIFY THAT THE CITY COUNCIL OF THE CITY OF REEDLEY. BY RESOLUTION
DID APPROVE THE WITHIN MAP, AND ACCEPTED ON BEHALF OF THE PUBLIC ALL PARCELS
OF LAND AND EASEMENTS OFFERED FOR DEDICATION FOR PUBLIC USE IN CONFORMITY
WITH THE TERMS OF THE OFFER OF DEDICATION , AND ACCEPT THE ABANDONMENT OF THE EASEMENTS BEING ABANDONED.
RUTHIE GREENWOOD DATE
CITY CLERK OF THE CITY OF REEDLEY
PLANNING COMMISSION STATEMENT I, RODNEY L HORTON , HEREBY CERTIFY THAT ON _________ , 20_, BY RESOLUTION NUMBER _______ , THE CITY OF REEDLEY APPROVED THE TENTATIVE MAP UPON WHICH THIS FINAL SUBDIVISION MAP IS BASED.
RODN EY L. HORTON. COMMUNITY DEVELOPMENT DIRECTOR DATE
CITY OF REEDLEY
RECORDER'S STATEMENT
DOCUMENT NO. ___ _
FEE PAID
FILED THIS DAYOF _ _ __ ~ , 20_
AT M. IN VOLUME OF PLATS, AT PAGE ___ ,FRESNO COUNTY RECORDS
AT THE REQUEST OF CHICAGO TITLE COMPANY
PAUL DICTOS, CP.A., COUNTY RECORDER OF FRESNO COUNTY. CALIFORNIA BY:
DEPUTY RECORDER
PREPARED BY. G\
~ 4cREEKs
324 S. SANTA FE ST., STE. A
P.O. BOX 7593
VISALIA, CA 93292
TEL: 559.802.3052
FAX: 559.802.3215
SHEET 1 OF 2
/f1.· W1/4CORNERSEC. 14-1 5/23
5;' FOUND NAIL IN PATCH
~ PER CORNER RECORD 5466. FCR
~ I a
~ I
:: 1000' ~ 2.00 FOOT WIDE ':ASEMENT IN FAVOR !! ---, _,- vJ.-- GENERAL TELEPHONE COMPANY OF CALIFORNIA i~ RECORDED MARCH ' 9, 1953 IN 3K. 3281 ATPG. 539 FCR MAP OF TRACT NO. 6178
FRANKWOOD COMMONS NO. 3
SEE PM NO. 01018, RECORDED
N89' 14' 20'W 1 314.33' IN89' 14' 20"W 1 314.33'\ BK. 4, PARCEL MAPS PG. 66, FCR NE COR SW l/4 SWi/4 SEC 14 15123 \
FOUND 3/41N IRON 'PIPE , TAG ILLE;IBLE
: iL 2·aw:o.oo· -· - 70.00' - · - ·- 61.00· - · ·- 63.00' -- -- 6i.OO' - -- 6000' - - -- 60.QO' - · -- 60.00· -- ·- 60.oo· - · -- 60.oo - - -- 60.oo· - · -- 60.00' _ _ ,-- 60.00· - - -- 60.oa \a' I ;:,; ~
60.00'
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ic: I ~ I 136 ~ 137 ~ 138 ~ ~ ~ \'i1 ~ ~ ~ ~ ~ OUTLOT A ~/ ?PAE ~ / 6536 s1 ;" 6538s1 ;" /~ 6'80 sl ~ ~ 139 ~ 140 ~ 141 ~ 142 "' 143 ~ 144 \" 145 ;;: 146 147 ! 148 61831st. ti Jr/O'PUE ~ I 'ii! ~ it ~ 'E 6609s1 :" /<is: 66~9sl :" 65 15sf. \;), 6512sf. ~ 6509 sf. ~ 6505 s1 G 6502 s1 ~ 64 99 sf. f 6496 sf. ~ 6492 sf. ~ 149 150 11 II h. 6489sf. 6519sf
EASEMENTFOR PUBLIC _..,.. ---- - T - - - - 15239 - - - - - --=:1~:: - 7000 - ::: ~421:r- - cs ~- _ /k er 'ii! 1J ~1 ~ +'? PAE ~ ~ ~ ~ ~ ~ ~ ~ 30' -ROADRIGHTOFWAYPER / ::, ""'~ i-1 f f 26453' . - _I . -~- - ~b'::'::'.._ ___ ~- ~I _ r: 1 (JPUE g PAE
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0' :: I' ,_:- ....__ N89° 37'06'W 168.06' (N89' 37'06"W 168.06')-\_ N0 '2? 54"E 800' - " , IF!Rl~~Jf:zW(Q)([»[j) i(;(Q)IMJ[ij](Q)[N]~ ~ lQ). ~ ;§ [ij] ®1 ° @7 ~ ~§) IFCCIRI~ :: ~ ----N89"36' 43'W 42(X}' I I ~I ~ (N0'22'54'E B.OO) I ~ (N0'22'154'E42. 1/J) I I I II I (N89' 36'43'Vl4200) 19 I $ N0'22'54 'E 4.4.,2' 20 21 I ~ I 22 ir :: . ) o I I (N0' 2? 54"E 442 ) I s-- I g :: I ~ ~ ~--- _ - _ -_ -_ _,____,--,,, ; . ( FRANK WOOD GOMMONS NO. 1 ) l BASIS OF BEARINGS G, ii / §~--(SM 90-52&53 FCR) - ____,, = '- ____ ,_ _ _ THENORTHLINE OFTHENW1 /40F SECTI ON 23-1 5/23, I - TAKEN AS N89' 17' 25"W PER RECORD OF SURVEY t ii _ \ _1 REBEL STREET ~ RECORDEDBK. 57 , SURVEYSAT PGS. 41-47, FCR - \_I
PER CORNER RECORD 8075, FCR PER FRANKWOOD COMMONS NO. 1 1314.47' ( 314 .47') C8 9'25'40"
C9 9'25'40"
c10 5'0705"
GIi 4°18'34"
C12 9'25'40'
Cf3 6°16'32'
Cl4 3'09'07"
Cl5 9°25'40'
Cl6 5'21'26'
Cl7 4"04'14"
C18 1'43'11'
C19 30'41'00'
94.4S 574.00' C27 9'5201" 9.13' 53.00'
90.JJ' 549.00' C2B 20'49'00" 19.26' 53.00'
49.94' 549.00' C29 30'4 1'00" 28.38' 5100'
41.29' 549.00' C30 20'48'59" 19.26 53.00'
90.JJ' 54900' C31 9'5201' 9.13' 53.00'
60.1 3' 549.00' C32 151 °41'41 " 124 .44' 47.00'
30.20' 549.00' C33 55' 12',2" 45.28 47.00'
!J.1 .15' 574.00' C34 54''7'16" 47.00'
53.67' 574.00' C35 41' 42'04' 34.21' 4700'
40.78' 574.00' C36 30"•1'00" 28.38' 53.00'
17.98' 599.00' C37 26°32'07" 24.55' 53.00'
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1"=60' I
I
.
v1 : SWCORSEC.14-15/23FOUND - - - -
\ 5/81N. REBAR DOWN 1DIN. FITTIES . FOt;NO STAMPED 3D FLUSH IN CONG. --------- - - ---- - --- - - --- - - --- - - --- - - --- - - ---- - --- - - ---- - --- - - --- - - --- - - --- - - --- - - ---- - --- ~89' 17' 25'W 2,628.94' (N89" 17' 25"W 2628.94') _J/ - - (: 314.47')
131•.47' - .....
S114 COR SEC. 14-15123 J FOUND COTTON SPINDLE PER
LEGEND
( )
•
0 RECORD DATA PER PARCEL MAP NO. 2019-01
RECORDED IN BK. 76, OF PARCEL MAPS, AT PGS. 17 &
18, FCR. OR CALCULATED THEREFROM
FOUND MONUMENT AS NOTED
SET 3141N. X 241N. IRON PIPE TAGGED "PLS 8163". AS
SHOWN AND AT ALL LOT CORNERS AND POINTS OF
CU RVATURE
SET BRASS DISC STAMPED 'PLS 8163", FLUSH IN
CONCRETE
•
•
NOW OFFERED IN FEE FOR STREET DEDICATION TO
THE CITY OF REEDLEY
FD. 3/4/N. x 24/N. IRON PIPE TAGGED "PLS 8163" PER
PARCEL MAP NO. 2019-01 , RECORDED IN BK. 76,
PARCEL MAPS. PGS. 17 & 18, FCR
SET 3/4/N . X 241N. IRON PIPE TAGGED "PLS 8163" AS
WITN ESS CORNER, 5.00 FEET FROM TRUE CORNER
TRACT BOUNDARY LINE
BWE BLOCK WALL EASEMENT
FCR FRESNO COUNTY RECORDS
CFR CALCULATED FROM REC ORD DATA
PUE PUBLIC UTILITY EASEMENT
PAE PEDESTRIAN ACCESS EASEMENT
SM SUBDIVISION MAP. REFERS TO PLAT VOLUME AND
PAGE
CORNER RECORD 8073, FCR
PREPAREDBY E)
4cREEKs
324 S. SANTA FE ST .. STE. A
P 0. BOX 7593
VISALIA, CA 93292
TEL: 559.802.3052
FAX 559.802.3215
SHEET 2 OF 2
DATE: June 28, 2022
REEDLEY CITY COUNCIL
[8J Consent
D Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: 3 ----
TITLE: ADOPT RESOLUTION NO. 2022-059 APPROVING THE SUBDIVISION MAP
IMPROVEMENT AGREEMENT AND FINAL MAP FOR PHASE THREE OF
TENTATIVE SUBDIVISION MAP 6178 (FRANKWOOD COMMONS)
SUBMITTED: Rodney L. Horton ~ Community Devel/p~~t Director Marilu S. Morales
1 1 1 1
City Engineer Jv'.Y'
APPROVED: Nicole R. Zieba
City Manager
RECOMMENDATION
Adopt Resolution No. 2022-059, approving the Phase Three Final Map for Tentative Subdivision Map 6178, and authorizing the City Manager to make non-substantive changes to the attached draft agreement and sign final agreement with San Joaquin Valley Homes regarding the associated Subdivision Improvement Agreement.
EXECUTIVE SUMMARY
The owner of Tentative Subdivision Map 6178 is requesting the City Council approve the final map for Phase Three associated with the project in accordance with Reedley Municipal Code 11-2-13, and approve entering into a Subdivision Improvement Agreement for timely completion of the public facilities associated with serving Phase Three, in accordance with Reedley Municipal Code sections 11-2-11 and 11-2-19.
BACKGROUND
Tentative Subdivision Map 6178 was recommended for approval by the Reedley Planning Commission on December 5, 2018, via Resolution 2018-16; consisting of the development of 150 single-family residential lots and 3 acres of commercial land on 40 gross acres of land.
On January 8, 2019, via Resolution 2019-003, the Reedley City Council approved Tentative Subdivision Map 6178. Consequent to this approval, the property owner submitted Tentative Parcel Map 2019-1 (TPM 2019-1) to parcel the singular APN (363-220-01) into four parcels,
consistent with the anticipated phasing of the approved Tentative Subdivision Map, allowing the property owner to sell the land associated with each phase to the developer individually.
TPM 2019-1 was approved by the Reedley Planning Commission on March 5, 2020, with the Final Map for TPM 2019-1 approved by the Reedley City Council on August 25, 2020. Said map has been successfully recorded, with the project area comprised of four APN's: 363-220- 38, 363-220-39, 363-220-40, and 363-220-41. Additionally, on November 10, 2020, City Council adopted Resolution No. 2020-094 approving the Subdivision Map Improvement Agreement and Final Map for Phase One of TSM 6178, consisting of APN 363-220-38 and on May 11, 2021, City Council adopted Resolution No. 2021-034 approving the Subdivision Map Improvement Agreement and Final Map for Phase Two of TSM 6178, consisting of APN 363-220-
39. At this time, the applicanUdeveloper (San Joaquin Valley Homes) has submitted a final map for Phase Three (APN 363-220-40) of the project site, the final phase of TSM 6178, for the City's approval in accordance with Reedley Municipal Code section 11-2-13. The City Engineer has reviewed the Phase Three final map submission for conformance to boundaries, public easement locations, dedications, closure calculations and other required information. The City Engineer has consequently found the map to be in substantial compliance to the tentative map approval, has determined that the improvements required for Phase Three have been properly identified, and submits said map to the Council for their approval consideration.
In regards to the completion of public improvements associated with Phase Three of Tentative Subdivision Map 6178, the developer has requested to enter into a Subdivision Improvement Agreement (Attachment 2) for the development with the City of Reedley, as authorized by Reedley Municipal Code section 11-2-11. This action will allow for the filing of a final map for Phase Three of the development (residential lots 99 through 150 of the total 150 approved) with the assurance that outstanding site improvements and activities identified within the project's conditions of approval will be completed within a given timeframe acceptable to the City. All improvement activities shall be secured by surety bond and other specifications, as contained within the agreement and any consequent addendum. Council may approve, approve with conditions, or disapprove the agreement.
The area was annexed into the City's LLMO in August of 2021 as Zone AA. The area was annexed into the CFO in October of 2020, as part of CFO Annexation No. 18.
FISCAL IMPACT
All fees associated with the processing of Tentative Subdivision Map 6178 were paid prior to Planning Commission action. Phase Three Final Map and Subdivision Improvement Agreement fees were paid by the applicant prior to Council actions.
PRIOR COUNCIL ACTIONS
On March 12, 2019, via Resolutions 2019-003, 2019-004 and Ordinance 2019-001, the City Council took the following actions, all in association with TSM 6178:
• Resolution 2019-003: Adopt Environmental Assessment No. 2017-1, approve Annexation Application No. 2017-1, approve Pre-Zone Application No. 2017-1, approve General Plan Amendment 2017-1, and approve Tentative Subdivision Map 6178.
• Resolution 2019-004: Authorize staff to submit a reorganization (annexation) application to Fresno LAFCo.
• Ordinance 2019-001: Introduce the amendment of the official Zoning Map of the City of Reedley (with second reading and consequent approval on January 22, 2019).
Later actions taken by the City Council include:
• Resolution 2020-094: Approve the Final Map and associated Subdivision Improvement Agreement for Phase One of TSM 6178, consisting of APN 363-220-38. • Resolution No. 2021-034: Approved the Subdivision Map Improvement Agreement and Final Map for Phase Two of TSM 6178, consisting of APN 363-220-39
ATTACHMENTS
1. Resolution No. 2022-059
2. Draft Subdivision Improvement Agreement for Phase Three of Tentative Subdivision Map 6178
3. Phase Three Final Map - Tentative Subdivision Map 6178
RESOLUTION NO. 2022-059
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REEDLEY
APPROVING THE SUBDIVISION MAP IMPROVEMENT AGREEMENT AND FINAL MAP FOR PHASE THREE OF TENTATIVE SUBDIVISION MAP 6178 (FRANKWOOD COMMONS).
WHEREAS, Tentative Subdivision Map 6178 (TSM 6178), previously consisting of APN 363-220-01, was approved by the Reedley City Council on January 8, 2019; and WHEREAS, the owner of the previously stated APN consequently submitted Tentative Parcel Map 2019-1 (TPM 2019-1) to parcel the property along the proposed phase lines of TSM 6178. TPM 2019-1 was approved by the Reedley Planning Commission on March 5, 2020, with the Final Map for TPM 2019-1 approved by the Reedley City Council on August 25, 2020; and
WHEREAS, the filing of TPM 2019-1 with Fresno County divided the original parcel into four parcels, consisting of APN's 363-220-38, 363-220-39, 363-220-40, and 363-220-41; and
WHEREAS, on November 10, 2020, the Reedley City Council adopted Resolution No. 2020-094 approving the Subdivision Map Improvement Agreement and Final Map for Phase One of TSM 6178, consisting of APN 363-220-38, and
WHEREAS, on May 11, 2021, the Reedley City Council adopted Resolution No. 2021- 034 approving the Subdivision Map Improvement Agreement and Final Map for Phase Two of TSM 6178, consisting of APN 363-220-39, and
WHEREAS, the owner of TSM 6178 is requesting the City Council approve the final map for Phase Three associated with the project, consisting of APN 363-220-40, in accordance with Reedley Municipal Code 11-2-13, and approve entering into a Subdivision Improvement Agreement for timely completion of the public facilities associated with serving Phase Three, in accordance with Reedley Municipal Code sections 11-2-11 and 11-2-19.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Reedley using their independent judgment hereby resolves as follows:
1. That certain final map of Phase Three of Tentative Subdivision Map 6178, having heretofore, on June 28, 2022, been certified by the City Engineer, that all provisions of law and of Chapters 31 through 42 of Title 8 of the Reedley City Code, have been complied with, and that said subdivision as shown is substantially the same as it appears on the tentative map thereof, as approved by the City Council on January 8, 2019, by Resolution No. 2019-003, is hereby approved and the dedication of easements and right-of-ways made on said map are hereby accepted subject to the installation of improvements therein and in accordance with the following condition:
That prior to the recording of the final map the owner(s) of said subdivision shall enter into and execute that certain Subdivision Improvement Agreement for Phase Three of Tentative Subdivision Map 6178 with the City of Reedley, as approved by the City Council.
2. Be it further resolved that those certain plans approved by the City Engineer of the City of Reedley entitled, "Frankwood Commons PH. 3, Tentative Tract No. 6178," as prepared by 4Creeks, Inc., are now on file in the office of the City Engineer, and are hereby approved and adopted as the plans according to which the above mentioned improvements shall be done; and
3. Be it further resolved, that certain agreement between the City of Reedley and said owners or subdividers entitled "Subdivision Improvement Agreement for Phase Three of Tentative Subdivision Map 6178 (Frankwood Commons)" a copy of which is on file in the office of the City Engineer and to which reference is hereby made, is approved and the City Manager and City Clerk are hereby authorized and directed to execute said agreement on behalf of the City of Reedley; and
4. Be it further resolved that the City Council of the City of Reedley directs the Clerk of the City of Reedley to execute the Final Map and transmit said Final Map and Subdivision Improvement Agreement to the subdividers in preparation of submission to the Fresno County Recorder's Office for recordation.
This foregoing resolution is hereby approved the 28th day of June, 2022, in the City of Reedley, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Mary L. Fast, Mayor
ATTEST:
Ruthie Greenwood, City Clerk
Resolution No. 2022-059
Recorded by and for the
benefit of, and When
Recorded Mail to:
City of Reedley
Community Development Department
1733 9th Street
Reedley, CA 93654
Exempt from recording fees - Gov. Code Section 27383 SPACE ABOVE THIS LINE FOR RECORDER' S USE
SUBDIVISION IMPROVEMENT AGREEMENT FOR PHASE THREE OF TENTATIVE SUBDIVISION MAP 6178 (FRANKWOOD COMMONS)
This Subdivision Improvement Agreement ("Agreement") is made and entered into effective on ______ , 2022 ("Effective Date"), by and between the City of Reedley, a municipal corporation, hereinafter referred to as "City" and PRESIDIO JJR SAN RIO 100, LLC, a Delaware Limited Liability Corporation, hereinafter referred to as "Subdivider".
RECITALS
WHEREAS, Subdivider is engaged in subdividing that certain tract of land known and designated as Tentative Subdivision Map 6178 (Frankwood Commons), situated in the City of Reedley, County of Fresno, State of California; and
WHEREAS, a final map for Phase Three (3) of said Tentative Subdivision Map 6178, herein referred to as "TSM 6178" has been filed with the City Clerk of the City of Reedley for presentation to the City Council for its approval, which said map is hereby referred to and by such reference incorporated herein; and
WHEREAS, the City requires, as a condition precedent to the acceptance and approval of said final map, the dedication of such rights of way for streets, public places, and easements as are delineated and shown on said final map, and deems the same as necessary for the public use, and also requires that any and all rights of way for streets, public places, and easements delineated and shown on said final map shall be improved by the construction and installation of the improvements hereinafter specified; and
WHEREAS, Section 11-2-11 of the Reedley Municipal Code allows, as a condition to City's approval of the final subdivision map, for the City to require Subdivider to enter into a subdivision improvement agreement which provides for the Subdivider to complete improvements within a reasonable time following approval of the final map.
NOW, THEREFORE, in consideration of the foregoing recitals which are a substantive part of this Agreement, Subdivider and the City do hereby mutually agree as follows:
AGREEMENT
1. Subdivider shall, at its own cost and expense, construct all of the improvements, furnish all the materials and do all the work herein above hereinafter mentioned, all in accordance with the Standard Specifications of the City, and in accordance with and to the extent provided in those certain plans entitled "Frankwood Commons PH. 3, Tentative Tract No. 6178" prepared by 4Creeks, Inc., approved by the City Engineer and by the City Council by Resolution No. 2022-Q_ and now on file in the office of the office of the said City Engineer ("the Plans"), to which Plans reference is hereby made, and the same are hereby adopted and incorporated herein the same as if fully set forth herein verbatim, and in compliance with the provisions of Title's 8 and 11 of the Reedley Municipal Code relating to regulations and standards for the subdivision of land in said City and for the preparation and presentation of subdivision maps therefor and in accordance with the listed items set forth on the Engineer's Estimate "Opinion of Probable Improvement Cost- Project 21101- Frankwood Ph. 3" dated August 4, 2021 and attached hereto and made a part hereof as Exhibit "A".
Subdivider hereby agrees that the improvements required to be installed as set forth herein are necessary and will materially benefit the property within the Tract and shall complete the same no later than one (1) year from the Effective Date of this Agreement. Prior to recordation of the final map, Subdivider shall (i) petition and request that the City annex the TSM 6178 area into the City's Landscape, Lighting and Maintenance District ("LLMD"), as determined by the City Engineer, for the maintenance and operation of landscaping facilities, and (ii) petition and request that the City annex the TSM 6178 area in the City's Community Facilities District No. 2005-1 ("CFO") for the maintenance and operation of public services and facilities. Annexation of the property comprising TSM 6178 into both the City's LLMD and CFO is a condition precedent to the City's obligation to issue a building permit for development or improvement of any parcel within TSM 6178, and Subdivider acknowledges and agrees that if this property were not part of the CFO, the City might lack the financial resources to operate facilities and provide adequate public services to the property.
The Subdivider shall provide on-site improvements subject to review and approval of the City of Reedley. For purposes of this agreement, the term "improvements" shall mean only improvements in the public right-of-way easements and property for streets, sidewalks, storm drains, sewer mains, water mains, landscaping, utilities, and related facilities.
The Subdivider shall install improvements specified in the Plans. In addition to said improvements, Subdivider shall install all improvements required by and otherwise comply with the Conditions of Approval adopted by the Reedley Planning Commission by Resolution No. 2018-16.
2. Any work required under this Agreement and not mentioned in the above-described Plans and specifications shall be constructed in accordance with the Standard Specifications of the City of Reedley. If the City has no Standard Specifications for any of said work, it is agreed that the same shall be done and performed in accordance with the most current "Standard Specifications of the State of California, Division of Highways". All of said work, improvements and materials shall be completed, performed and installed under the supervision of and to the satisfaction of the City Engineer of the City of Reedley.
3. Subdivider shall provide for the installation of all gas, electric, telephone, Cable T.V., private irrigation pipelines and other public utility lines and facilities and shall grant easements therefor. All underground utilities and improvements in streets and alleys shall be installed before surfacing of said streets and alleys. The Subdivider shall comply with all requirements of Title 11 of the Reedley Municipal Code concerning installation of Cable T.V. lines and facilities, and shall give all notices required by that title.
4. Prior to the approval of said final map by the City Council, and as a condition precedent to the recordation thereof, and in order to secure for the City the faithful performance by Subdivider of all work and the construction of all improvements mentioned in this Agreement including the placement of all monuments as per said final map, within the time herein specified, Subdivider shall furnish the following to the City:
1. a good and sufficient surety bond or other security acceptable to City securing the faithful performance of all work and the construction of all improvements herein mentioned in this agreement within the time specified and in the sum of one million, two hundred forty-seven thousand, seven hundred fifteen US Dollars and eleven US Cents ($1 ,247,715.11); plus an amount for cost and reasonable expenses and fees, including reasonable attorney's fees incurred by the City to enforce the secured obligation; and
11. a good and sufficient surety bond or other security acceptable to City securing the payment by Subdivider of all bills for labor, work and materials incurred in the construction of all said improvements and the performance of all work herein agreed to be done by said Subdivider, and amounts due under the Unemployment Insurance Act with respect to such work or labor, the amount of said bond to be six hundred twenty-three thousand, eight hundred and fifty-seven US Dollars and fiftyfive US Cents ($623 ,857.55), plus an amount for cost and reasonable expenses and fees, including reasonable attorney's fees incurred by the City to enforce the secured obligation.
Before acceptance of the subdivision improvements and the release of the faithful performance bond and the labor and materials bond, the Subdivider shall file with the City Clerk a surety bond or other security acceptable to the City to guarantee the repair of any of the improvements which may be found to be defective in work, labor, or materials within one (1) year after the written acceptance of the improvements by the City. Said Security shall be for one hundred twenty four thousand, seven hundred seventy one US Dollars and fifty one US Cents ($124,771.51), plus an amount for cost and reasonable expenses and fees, including reasonable attorney's fees incurred by the City to enforce the secured obligation.
All bonds required by this section shall be issued by a corporate surety authorized to do surety business in California and shall be on forms acceptable to the City.
5. The Subdivider shall protect, indemnify, and hold harmless the City of Reedley, its officers, employees and volunteers thereof from any and all liability or claims (in contract, tort, strict liability or otherwise, including but not limited to personal injury, death at any time or property damage), because of or arising out of Subdivider's performance of this Agreement, or out of, any accident, occurrence, loss, damage or happening occurring upon or arising out of the construction of any of the improvements herein or the use by any person of any patent or patented articles in the construction of said work or improvements. The forgoing obligations shall survive completion or termination of this Agreement. The Subdivider agrees that the use of any and all streets and improvements herein above specified shall be, at all times prior to the final acceptance of said improvements by the City Council, the sole and exclusive risk of the Subdivider. The issuance of any occupancy permits by City for dwellings located within the said subdivision shall not be construed in any manner to be an acceptance and approval of any or all of said streets and/or improvements in said subdivision.
6. Subdivider, before commencing work pursuant to this Agreement, shall obtain and maintain in full force and effect during the performance of the work at his own expense and risk, policies of insurance as follows and shall furnish evidence of such insurance by filing a certificate of insurance with the City Clerk. Such insurance shall name the City of Reedley, its Council, officers, officials, employees and volunteers as insured or additional insureds, and shall indemnify the City and said persons against liability for loss or damage for personal injury including death, and property damage occasioned by the operations of the Subdivider or its employees, contractors or subcontractors under the terms of this agreement in the minimum limits as follows:
111. a) General Liability. $2,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b) Automobile Liability. $2,000,000 combined single limit per accident for bodily injury and property damage.
c) Worker's Compensation and Employer's Liability. Worker's compensation limits as required by the Labor Code of the State of California and Employer's Liability limits of $1 ,000,000 per accident. 1v. The policies are to contain, or be endorsed to contain, the following provisions:
a) General Liability and Automobile Liability Coverages. i) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects liability arising out of activities performed by or on behalf of the Subdivider, products and completed operations of the Subdivider, premises owned, occupied or used by the Subdivider, or automobiles owned, leased, hired or borrowed by the Subdivider. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees, or volunteers. ii) The Subdivider's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Subdivider's insurance and shall not contribute with it.
iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers.
iv) The Subdivider's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
b) Worker's Compensation and Employer's Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by the Subdivider under this agreement.
c) All Coverages. Each insurance policy required by this clause shall be issued by a corporate insurer authorized to do insurance business in California and shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City.
Such notice requirement shall not contain "shall endeavor", "best efforts" or similar qualifiers.
v. Verification of Coverage. Subdivider shall furnish the City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. Where by statute the City's worker's compensation-related forms cannot be used, equivalent forms approved by the Insurance Commissioner are to be substituted. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. If such insurance is provided in either case by a policy or certificate which covers the Subdivider or other entity or person than the City of Reedley, such policy shall contain the standard form of cross liability endorsement. Such insurance shall also specifically insure contractual liability assumed by Subdivider under the terms of this agreement.
7. Time is of the essence of this Agreement; provided, however, that in the event good cause is shown therefor to the City by Subdivider, City may extend the time in which the aforementioned improvements may be made and completed under this agreement. Said extensions of time, if any, may be granted without notice to the surety and any extensions so granted shall not relieve the surety bond or other security deposited with the City given to secure Subdivider's performance under this agreement. City shall be the sole and final judge as to whether or not good cause has been shown to entitle Subdivider to an extension of time hereunder.
8. All pipes and monuments shown on the final map hereinafter referred to which are destroyed or displaced during construction operations shall be replaced by Subdivider by the time of the final inspection of the improvements hereunder by the City.
9. It is agreed that title and ownership of any improvements constructed hereunder by Subdivider shall vest absolutely in City upon completion and acceptance of such improvements by the City Council.
10. It is mutually understood and agreed that neither Subdivider nor any of its agents, employees or contractors are or shall be considered to be agents of the City of Reedley in connection with the performance of Subdivider's obligations under this agreement.
11. Subdivider shall pay to the City, for all engineering, inspection and other services provided by City in accordance with this Subdivision, amounts as set forth by adopted City ordinance and resolution in effect at time of payment. City shall, at the completion of the improvements provided for herein, furnish the Subdivider with a statement of all charges for services performed by the City in the event said actual costs exceed the payment previously made by Subdivider for such services. The Subdivider shall complete payment for such charges within thirty (30) days after receipt of such statement of actual costs.
12. Subdivider agrees that if, within a period of one ( 1) year after final acceptance of the work done under this Agreement, any improvements or part of any improvement furnished and/or installed or constructed or caused to be constructed by Subdivider, or any of the work done under this Agreement, fails to fulfill any of the requirements of this Agreement or the Plans and other plans and specifications referred to herein, Subdivider shall, without delay and without any cost to the City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or improvements. The terms of this section shall not apply to any damage caused by acts of God. Should Subdivider fail to act promptly or in accordance with this requirement, or fail to do the construction as agreed upon herein, or should the exigencies of the case require repairs or replacements to be made before the Subdivider can be notified, the City may, at its option, make the necessary repairs or replacements or perform the necessary work and the Subdivider shall pay to the City the actual cost of such repairs plus thirty percent (30%) to cover the City's indirect and overhead costs. If the Subdivider fails to pay to the City the cost repairs plus thirty percent (30%), the City may, without limiting the Subdivider's liability therefor, file a claim against the bond posted to guarantee and warrant the work.
13. The Subdivider and his contractors shall pay when due for any materials, wages, subcontracts, labor, provisions, or other supplies and items used in conjunction with the work performed for the subject subdivision including, but not limited to, unemployment insurance and any other incidentals arising out of any necessary work or labor.
14. The Subdivider shall comply with all Street, Plumbing, Building, Electrical, Zoning Codes and any other applicable Codes, ordinances, standards and regulations of the City.
Subdivider shall submit the proposed conditions, covenants, and restrictions to sales of lots within this subdivision to the City of Reedley for review and approval prior to any execution thereof.
15. If Subdivider fails to construct the improvements upon the terms and within the time required, City may complete or cause completion of the required improvements and assess the actual cost of completing the required improvements and file a claim against the bond posted to secure faithful performance of the works.
16. When the improvements are completely installed and accepted by the City Council and there is full performance pursuant to this agreement, City agrees to release Subdivider and the described property from further obligation under this Agreement, except for those obligations, including but not limited to Section 6 and 13, that by their nature continue after termination or completion of this Agreement.
17. All covenants in this Agreement shall pertain to and run with the described real property and shall apply to, bind, and inure to the parties and the contractors, heirs, executors, administrators, assigns or successors in interest of the respective parties hereto.
18. Any notice required by law or by this Agreement shall be given by personal delivery of first class U.S. Mail. Notice by personal delivery will be effective on delivery and notice by mail will be considered effective three days after it is deposited in the U.S. Mail, postage paid, addressed to the City of Reedley, 1733 Ninth Street, Reedley, CA 93654 or to Subdivider, San Joaquin Valley Homes, 5607 Ave de Los Robles, Visalia, CA 93291 , at their respective addresses as of the date of this Agreement, unless written notice of change or address has been received by the other party. If any action is required to enforce the provisions of this Agreement, the prevailing party shall be entitled to an award of reasonable attorney fees to be determined by a Court.
19. The Subdivider shall have a record drawing prepared by a civil engineer which denotes the final disposition of the improvements as constructed for water, sewer, storm drain, curb and gutter, and streets. Said "as-built" drawing shall be prepared and submitted to, and approved by, the City Engineer prior to the City Council's acceptance of the improvements.
IN WITNESS WHEREOF, the parties have signed this agreement to be effective as of the Effective Date in the opening paragraph.
CITY OF REEDLEY, a municipal corporation PRESIDIO JJR SAN RIO 100, LLC, a Delaware Limited Liability Company
By: JJR Management Services, Inc, a
California Corporation, It's Operating
BY:_______________ Manager
Nicole R. Zieba, City Manager
(Notary Acknowledgement to be
Attached) BY: ____________ _
Joseph A. Leal, President
ATTEST:
BY: ---------------
Ruthie Greenwood, Deputy City Clerk
APPROVED AS TO FORM:
BY: ___________ _
Laurie A vedisian-Favini, City Attorney
RECOMMEND APPROVAL:
BY: -------- -------
Rodney L. Horton,
Community Development Director
(Notary Acknowledgement to be
Attached)
DATE: June 28, 2022
REEDLEY CITY COUNCIL
[2J Consent Calendar
D Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: _ 'f
___ _
TITLE: ADOPT RESOLUTION NO. 2022-061, ACCEPTING THE CONSTRUCTION
IMPROVEMENTS FOR THE MANNING AVENUE SIDEWALKS PROJECT FROM
FRANKWOOD TO REED AVENUE AND AUTHORIZE THE CITY ENGINEER TO
FILE A NOTICE OF COMPLETION WITH THE COUNTY OF FRESNO
RECORDER'S OFFICE
PREPARED: Linda Xiong LX
Assistant Engineer
SUBMITTED: Marilu Morales~}A
City Engineer
APPROVED: Nicole Zieba
City Manager
RECOMMENDATION
Staff recommends that the City Council Adopt Resolution No. 2022-061 , accepting the construction improvements for the Manning Avenue Sidewalks Project from Frankwood to Reed Avenue and authoriz.e the City Engineer to file a Notice of Completion with the County of Fresno Recorder's Office.
EXECUTIVE SUMMARY
On March 10, 2022, City staff conducted the bid opening for the Manning Avenue Sidewalks Project from Frankwood to Reed Avenue (Project). A "Notice of Award" was issued to the lowest responsible bidder, MAC General Engineering, Inc. on March 24, 2022. The first working day on this contract was May 31, 2022. The time of completion for the Project was 30 working days and the Project was completed within the timeframe.
There was one change order requested and issued on the Project for bid quantity adjustments and adding water box collars which equaled $12,755.93 or a 14.7% increase from the original contract amount. The contract change order was approved by the City Manager and paid for with CMAQ federal funds and Measure C. The final construction contract for the Project with the change order totaled $99,361.21 . The contractor has substantially completed all contract items to the satisfaction
of the City Engineer.
PRIOR COUNCIL ACTIONS
Resolution No. 2022-020 awarded a construction contract for the Project to the lowest responsive , responsible bidder, MAC General Engineering, Inc., in the amount of $86,605.28 plus a 15% contingency of the total bid or $12,990.79 for a total of $99,596.07.
FISCAL IMPACT
There is no fiscal impact with regard to the recordation of a Notice of Completion for the Project.
ATTACHMENTS
1. Resolution No. 2022-061
2. Notice of Completion
RESOLUTION NO. 2022-061
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REEDLEY
ACCEPTING THE CONSTRUCTION IMPROVEMENTS FOR MANNING
AVENUE SIDEWALKS PROJECT FROM FRANKWOOD TO REED AVENUE
AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF
COMPLETION WITH THE COUNTY OF FRESNO RECORDER'S OFFICE
WHEREAS, the Manning Avenue Sidewalks Project from Frankwood to Reed Avenue has been completed per the plans and specifications; and
WHEREAS, there are no outstanding matters with the contractor regarding construction items; and WHEREAS, on June 28th , 2022 the City held a public meeting at the City of Reedley Council Chamber, at 845 "G" Street to consider acceptance of the construction improvements.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Reedley using their independent judgment hereby resolves as follows:
1. The above recitals are true and correct and incorporated herein by reference.
2. The City Council using their independent judgment, hereby accepts the subject improvements.
3. The City Council hereby accepts the subject project for maintenance in accordance with the provisions of the contract and applicable ordinances and policies.
4. The City Council approves the Notice of Completion for the construction improvements for the Manning Avenue Sidewalks Project from Frankwood to Reed Avenue and hereby authorizes the City Engineer to transmit the attached Notice of Completion to the Fresno County Recorder's Office.
5. This resolution is effective upon adoption.
This foregoing resolution is hereby approved and adopted by the City Council of the City of Reedley this 28th day of June 2022 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Mary L. Fast, Mayor
ATTEST:
Ruthie Greenwood, City Clerk
RECORDING REQUESTED BY:
AND FOR THE BENEFIT OF,
City of Reedley
No Fee-Gov/t. Code Sections
6103 and 27383
WHEN RECORDED, MAIL TO:
City of Reedley
Engineering Department
1733 9th Street
Reedley, CA 93654
SPACE ABOVE THIS LINE FOR RECORDER'S USE
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion .
Notice is hereby given that:
1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:
2. The full name of the owner is: City of Reedley
3. The full address of the owner is: 845 "G" Street, Reedley, CA 93654
4. The nature of the interest or estate of the owner is: Street right-of-way
5. A work of improvement on the property hereinafter described was completed on : June 28, 2022. The work done was: Manning Avenue Sidewalks from Frankwood to Reed Avenue, Federal-Aid Project No. CML-5216(055)
6. The name of the contractor, if any, for such work of improvement was: MAC General Engineering., Inc.
7. The property on which said work of improvement was completed is in the City of Reedley , County of Fresno, State of California, and is described as follows: City of Reedley street right-of-way located on Manning Avenue from Frankwood to Reed Avenue.
8. The street address of said property is : N/A
9. Resolution No. 2022-061 , Attached Hereto and Made a Part Hereof.
Dated:
-------------- Marilu S. Morales, P. E.
City Engineer
VERIFICATION
I, the undersigned, say: I am the City Engineer for the City of Reedley, the declarant of the foregoing notice of completion; I have read said notice of completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct.
(PERSONAL SIGNATURE OF THE INDIVIDUAL WHO IS SWEARING THAT THE CONTENTS OF TH E NOTICE OF COMPLETION ARE TRUE.) Executed on _______________ , 2022, at _R_e_ed_l_eyj...L..1 ____ C_al_ifo_r_ni_a __________ _ (DATE) (CITY) (STATE) Z:\EngDept\DeptFiles\CAPITAL IMPROVEMENT PROJECTS\Manning SW Reed to Frankwood\04 Contracts\4 .2 City Resolutions and Staff Report DATE:
TITLE:
SUBMITTED:
APPROVED:
REEDLEY CITY COUNCIL
June 28, 2022
~ Consent
D Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: _5 _ _
ADOPT RESOLUTION 2022-063 TO APPROVE AND AUTHORIZE THE
CITY MANAGER TO SIGN THE AMERICAN RESCUE PLAN (ARP)
CONTRACT BETWEEN CITY OF REEDLEY AND FRESNO-MADERA
AREA AGENCY OF AGING ( MAAA).
Sarah Reid
Nicole R. Zieba
City Manager
(
RECOMMENDATION
Adopt Resolution 2022-063 to approve and authorize the City Manager to sign the American Rescue Plan Contract (ARP) between City of Reedley and Fresno-Madera Agency on Aging (FMAAA) to offer the meals for senior citizens at the Reedley Community Center.
EXECUTIVE SUMMARY
For many years the City of Reedley has partnered with the FMAAA to provide meals for senior citizens 60 years and older. In March of 2020, this program was converted to a home delivery meal program in response to the restrictions related to Covid-19. FMAAA is working with sites to resume in-person lunch programs as the funding for the home delivery meals will run out at the end of June. The meals provided for in-person service are available Monday-Friday starting at 11 :00am in the Reedley Senior Center. This program supplies more than just a well-balanced meal for seniors, but also a place to gather in the company of others while socializing with friends. Seniors are required to call in the day before and reserve the lunch for the next day.
There is no fee to participate but the program does accept donations. The funding provided in the amount of $16,872 will cover a portion of the Senior Coordinators salary to oversee the program. The City of Reedley is also receiving a one-time start-up cost allocation of $7,500 to stock up on items needed for the lunch program to make one-time purchases of equipment that will benefit the lunch program. Staff is planning to resume the lunch program August 1, 2022.
FISCAL IMPACT
The $16,872 is allocated by FMAAA to cover a portion of the Senior Coordinators time to oversee the meal program. The City of Reedley is only responsible for covering the cost of non-qualifying meals which includes seniors who no-show and anyone under the age of 60 years old. All qualifying meals are covered by FMAAA and paid directly by them to the food vendor. The onetime startup allocation of $7,500 will be used to restock supplies and purchase equipment directly related to supporting the meal program. This funding must be spent within 90 days of the contract being executed. Program details and budget amounts were not available in time to be included in the City of Reedley Proposed 2022-23 Fiscal Year Budget. Staff will provide to the City Council a budget amendment at a future date requesting appropriations as listed in the contract.
ATTACHMENT
1. Resolution No. 2022-063
2. American Rescue Plan (ARP) Contract between City of Reedley and Fresno-Madera Area Agency of Aging
3. California Department of Aging Senior Nutrition Program Reopening Plan 2 RESOLUTION NO. 2022-063
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REEDLEY TO
APPROVE AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE
CONTRACT(S) LISTED ON PAGE 1 OF THIS AGREEMENT WITH THE FRESNOMADERA AREA AGENCY ON AGING FOR THE TIME PERIOD OF THIS CONTRACT COMMENCING NO LATER THAN JANUARY 1, 2023, AND ENDING NO LATER THAN JUNE 30, 2024, INCLUDING ANY SUBSEQUENT
AMENDMENTS AND ALL NECESSARY SUPPORTING DOCUMENTS.
WHEREAS, the City of Reedley operates Senior Citizen Programs in the Community; and . WHEREAS, the Fresno-Madera Area Agency on Aging provides grants for Senior Citizen programs; and
WHEREAS, the City of Reedley applies for and has secured grants on a continuous basis for many years and has been required to execute grants on a yearly basis.
NOW, THEREFORE, BE IT RESOLVED that the City of Reedley City Council to approve and authorize the City Manager to execute contracts with the Fresno-Madera Area Agency on Aging on behalf of the City of Reedley.
This foregoing resolution is hereby adopted this 28th day of June, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Mary L. Fast, Mayor
ATTEST:
Ruthie Greenwood, City Clerk
Agency on Aging
Change The Way Yo u Age
American Rescue Plan (ARP) Contract
between
City of Reedley
and
Fresno-Madera Area Agency on Aging
for period ending June 30, 2024
Contract No. 22-0171ARP
Site Management
DOCUMENTS REQUIRED TO EXECUTE CONTRACT
Please return two sets of all contract pages in the order provided by the Agency on Aging .
The following contract documents require signatures and entries on both sets of documents.
Type entries and enter original signatures in ink on both sets of documents:
Ix] Page 2, American Rescue Plan Grant Award Contract Signature Page Must include signature of individual named on Exhibit E, page 5, as having primary, hands-on involvement & oversight of day-to-day operations; and signature of individual authorized by governing board to execute the contract (see Appendix A).
Ix] Appendix A, Resolution of Authorization to Contract Must contain signature of chair of service provider's governing board.
Kl Appendix B, Contractor Certification Clauses
Must contain signature of individual authorized by governing board to execute the contract (see Appendix A).
Kl Appendix C, Information Integrity and Security Statement Must contain signature of individual authorized by governing board to execute the contract (see Appendix A).
Also, check appropriate box under "Certify" at bottom of page 2 to indicate 128-bit Encryption compliance status.
Ix] Appendix K, Request for Taxpayer Identification Number and Certification (W-9) Part II, Certification, must contain signature of individual authorized by governing board to execute the contract (see Appendix A). Only page 1, signature page required (do not submit pages 2-6).
The following contract documents require typed entries on both sets of documents:
Ix] Appendix D, Method of Providing Audit Compliance
Ix] Exhibit B, Budget: Email Excel version to [email protected]; submit 2 hard copies with contract 1K] Exhibit E, Program Narrative: Email Word version to [email protected], submit 2 hard copies with contract Ix] Exhibit F, Service Provider Emergency Resource Information Please attach two sets of the following to this page:
D 1. List of alt proposed subcontractors for this Agreement (if any), and, following review of Agency on Aging contract, copy of proposed contract template to be used for subcontractors.
IX] 2. Certificate(s) of Insurance Please review Article XV of Agreement prior to affanginq for certificate to ensure all contractual requirements for insurance certificate are met and specific contract language included on certificate.
Ix] 3. Copy of IRS Determination Letter of Tax Exempt Status if a non-governmental organization.
Ix] 4. Organizational chart, including names and position titles for contracted program Ix] 5. Job Description and Resume of individual named on Exhibit E, page 5, who has primary, hands-on involvement and oversight of the day-to-day operations of the contracted program [x) 6. List of Governing Board members
~ 7. List of Advisory Council or Advisory Committee members (if applicable) [X] 8. Current documents (i.e. flyers, brochures) used to promote the contracted program Documents Required to Execute Contract
American Rescue Pian Grant Award
Rev. January 2022
American Rescue Plan Grant Award
Table of Contents
Documents Required to Execute Contract. ... ............ .. ...... ..... ..... .... .......... ... .. ... .. ....... ... i CONTRACT .. ... ... ... ........ ... .. .. ... ... ........ .. .. ..... ... ..... .. .. .... ...... .... .... .. ...... .... .... .. ...... ..... .. ... 1 AMERICAN RESCUE PLAN GRANT AWARD TERMS AND CONDITIONS DECLARATION .... 3 Article I.
Article II.
Article Ill.
Article IV.
Article V.
Article VI .
Article VI I.
Article VI 11.
Article IX.
Article X.
Article XI .
Article XI I.
Article XIII.
Article XIV.
Article XV.
Article XVI.
Article XVI I.
Article XVI 11 .
Article XIX.
Article XX.
Definitions and Resolutions of Language Conflicts ..... ..... ..... .. ... . 3 Agreement ........ ..... ... ..... ..... ..... ........ .. ... .. .. ...... .. ..... .... ..... .... ........ 5 Term of Agreement .. ..... .... .... ...... .. .. .. ....... .. .. ... ..... ...... ... ... ... ... ... .. 5 Reasonableness of Compensation .. .. .... .. ... .... ......... ... ... ..... ........ 6 Assurances .. ... ...... ... .......... .... .. ... ... .. ..... ...... .... ... ....... .......... .. ..... . 6 Funds ...... ...... ....... ... .. .... .. ......... ....... .... ....... ....... .... .. ..... .... ......... 21 Budget and Budget Revision .. .. .. ...... .. ........ ..... .. ... .. .. ........ ....... .. 24 Payment .... ..... .............. ..... .... ... ... ......... ... .. ........... ...... ....... .. .... .. 26 Subcontracts ........ ........ .... .. ... .. ...... ... .. ........ ... .... .......... ......... ... .. 27 Records and Reports ..... .. .. .... ... ...... ... .... .............. .. .. .... ..... ...... .. 29 Property .......... .. .... .. .... .... .... ... ... ..... ... .......... ..... ............ .. .. ........ . 31 Access ........ ... ... .. .... .... ....... .. ...... ............ .. .... .. ... ........ .... .... .. ... ... 33 Monitoring and Evaluation ... ..... ........ ..... ..... .. ............... ... ........ ... 34 Audit Requirements ... ....... ... ..... .......... ...... ... ... ... ..... .... .. ... .. ..... ... 34 Insurance ... .... ...... .. .. .... .... .... ... ..... .. ....... .. .. ... ..... ....... ... .... ........ .. 39 Voluntary Contributions ....... ... .. ... ............ ... .......... .. ... ... .... ... .... .. 41 Termination ... .. ... ... ........ ............... ... ... .... ..... ... ... .... ..... .. ... ..... ..... 42 Remedies and Appeal Process .... ... ............ ... ... .. .. ... .... ....... .. .... 45 Amendments, Revisions or Modifications .. .. .......... .... ........ .... .. . 45 Notices .............. .......... ...... .... ..... ..... ... .. ........ ..... ........... ..... ........ 46 American Rescue Plan Grant Award
Table of Contents
ii Rev . January 2022
APPENDICES
American Rescue Plan Grant Award
Table of Contents (Continued)
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 lnformation .... ...... 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 American Rescue Plan Grant Award
Table of Contents
iii Rev . January 2022
CONTRACT BETWEEN
CITY OF REEDLEY
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 Reedley
100 North East Street
Reedley, CA 93634
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 the date of execution by the Fresno-Madera Area Agency on Aging to June 30, 2024, subject, however, to earlier termination as provided herein.
C. No expenditure or obligation for the funding allocation in this contract period, as noted in paragraph B, may be incurred after June 30, 2024.
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 January 26, 2022 Federal Grantor: U.S. Department of Health and Human Services Pass Through Grantor: Fresno-Madera Area Agency on Aging Older Americans Act Title: Title Ill C1 Congregate Nutrition, Federal CFDA No. To Be Determined Contract No.: 22-0171ARP I Service: I Site Management
Site 12-Month One-Time Contract Period
Funding Cycle Start-Up Costs Grant Amount
Reedley Senior Center $16,872 $7,500 $24,372
Total Term of Contract Grant Award: $24,372
E. This document together with any attached program exhibits, assurances, budgets, and narratives is a firm agreement to provide services for older Americans in Fresno and/or Madera counties (including cities contained therein) as specified in a manner consistent with the intent of, and regulations applicable to, service programs under Title Ill/VII of the Older Americans Act as amended .
F. The provisions of the Area Plan Grant Award Terms and Conditions Declaration (Articles I through XX) attached thereto, plus all enclosures listed, herein, constitute a part of this contract.
American Rescue Plan Grant Award
Contract
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.
Jodi Botello
Type Name
Signature of Authorized Contracting Official
(Refer to Appendix A)
Nicole R. Zieba
Type Name
Date
Senior Coordinator
Title
Date
City Manager
Title
Contractor Federal Employer l.D. Number
FOR FRESNO-MADERA AREA AGENCY ON AGING:
Signature
Type Name
American Rescue Plan Grant Award
Contract
Date
Executive Director
Title
Rev. January 2022
ADDENDUM TO
CONTRACT NO. 22-0171ARP
BETWEEN
CITY OF REEDLEY
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 Prior to reopening any of its Congregate Nutrition sites to be funded under this contract, the service provider agrees to complete and submit a COVID-19 Prevention Program Reopening Plan (hereinafter referred to as the "Reopening Plan") to the Agency on Aging . The Agency on Aging must approve the service provider's Reopening Plan before the service provider's Congregate Site(s) may reopen under this contract.
The service provider's COVID-19 Prevention Program Reopening Plan for each Congregate Site shall include, but not be limited to, the following provisions:
1. Congregate Sites must conduct workplace specific evaluations identifying COVID 19 hazards.
2. Congregate Sites must submit a plan for screening employees for and responding to employees with COVID 19 symptoms.
3. Congregate Sites must evaluate employees' potential workplace exposures to all persons at, or who may enter, the meal site.
4. Congregate Sites must ensure that COVID 19 risk reduction measures are in place.
5. Congregate Sites must submit a plan for the following :
a. Physical Distancing
b. Face Coverings
c. Cleaning and Disinfecting
d. Shared Tools, Equipment, and Personal Protective Equipment e. Hand Washing and Hand Sanitizing
f. Investigating and Responding to COVID 19 Cases for Staff, Volunteers, Participants and Public
g. Training on COVID 19 Policies
h. Reporting , Recordkeeping , and Investigation of COVID 19 Cases i. Liability Waivers
Addendum to American Rescue Plan Grant Award Addendum Page 1 Rev. January 2022 Contract No. 22-0171ARP
FRESNO-MADERA AREA AGENCY ON AGING
AMERICAN RESCUE PLAN (ARP) ACT GRANT AWARD
TERMS AND CONDITIONS DECLARATION
Activities under this award shall be carried out in accordance with Title Ill and Title VI I of the Older Americans Act of 1965, as amended (United States Code Title 42, Section 3001 ); the program regulations and policy directives relating thereto; federal and State laws; and the California Welfare and Institutions Code, Sections 9000-9023, all of which are, or may be, operative during the term of this sub-grant award. This Agreement incorporates the terms and conditions which support an award of American Rescue Plan Act (ARP) Funding.
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 ARP Agreement; ARP 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 §200.4 and 45 CFR §75.2) D. "Contractor" or "Service Provider" means the legal entity awarded funds under this Agreement and which is accountable to the Agency on Aging, the State, and/or federal government for use of these funds and which is responsible for executing the provisions for services provided under this Agreement.
E. "CCR" means California Code of Regulations.
F. "CFR" means Code of Federal Regulations.
G. "Disallowed costs" means those charges determined to be unallowable, in accordance with the applicable Federal statutes, regulations, or the terms and conditions of the Federal award . (2 CFR §200.31 and 45 CFR §75.2) Terms and Conditions Declaration 3 Rev. January 2022
H. "In-Kind Contributions" means the value of non-cash contributions donated to support the project or program (e.g. property, service, etc.).
I. "Matching Contributions" means local cash and/or in-kind contributions made by the Contractor, a subcontractor, or other local resources that qualify as match for the contract funding .
J. "OAA" means Older Americans Act.
K. "OMB" means the federal Office of Management and Budget.
L. "Program Income" means revenue generated by an Area Agency on Aging or Contractor from contract-supported activities. Program Income is:
1. Voluntary contributions received from a participant or responsible party for services received.
2. Income from usage or rental fees of real or personal property acquired with grant funds or funds provided under this Agreement.
3. Royalties received on patents and copyrights from contractsupported activities.
4. Proceeds from the sale of goods created under an Agency on Aging grant of funds.
M. "PSA 14" means the State Planning and Service Area comprised of Fresno and Madera Counties.
N. "Questioned Costs" means a cost that is questioned by the auditor because of an audit finding which resulted from a violation or possible violation of a statute, regulation , or the terms and conditions of a Federal award, including for funds used to match Federal funds; where the costs, at the time of the audit, are not supported by adequate documentation; or where the costs incurred appear unreasonable and do not reflect the actions a prudent person would take in the circumstances. (2 CFR §200.84 and 45 CFR §75.2).
0 . "Recoverable cost" means the state and federal share of the questioned cost.
P. "Reimbursable item" also means "allowable cost" and "compensable item." Q . "State" and "Department" means the State of California and the California Department of Aging (CDA) interchangeably.
R. "Subcontract" means any form of legal ag reement between the Contractor Terms and Conditions Declaration 4 Rev. January 2022
and the Subcontractor, including an agreement that the Contractor considers a contract, including vendor type Agreements for providing goods or services under this Agreement.
S. "Subcontractor" means the legal entity that receives funds from the Contractor to carry out part of a federal award identified in this Agreement.
T. "USC" means United States Code.
U. As used throughout this Agreement, the term "shall" is mandatory; the term "may" is permissive.
V. The terms and conditions of this grant award and other requirements have the following order of precedence if there is any conflict in what they require:
1. The Older Americans Act of 1965 and Amendments of 2016 (OAA as amended) and other applicable federal statutes and their implementing regulations.
2. If applicable, the Older Californians Act and other California State codes and regulations.
3 Program memos and other guidance issued by the California Department of Aging including those specific to ARP funding.
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 fortyfive (45) days of the date on the contract cover letter. If the signed contract is not returned by the designated date and there has been no approval granted, then the funds may be reallocated by the FresnoMadera Area Agency on Aging Governing Board.
C. A copy of this Agreement is on file and available for inspection at the Fresno-Madera Agency on Aging, 2520 West Shaw Lane, Suite 101A, Fresno, California, 93711 .
ARTICLE Ill. TERM OF AGREEMENT
A. This Agreement is of no force or effect until signed by both parties hereto Terms and Conditions Declaration 5 Rev. January 2022
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 will be dependent on date of execution by the Agency on Agency, but will commence no later than January 1, 2023 and end no later than June 30, 2024 at which time the Agreement expires, subject however, to earlier termination or cancellation as herein provided .
Contract awards are limited to a one-year period ; however, at the discretion of the Agency on Aging, contracts may be renegotiated up to a maximum of 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.
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 Ag reement.
B. Administration
Terms and Conditions Declaration 6 Rev . January 2022
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.
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 Terms and Conditions Declaration 7 Rev. January 2022
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 Subcontractor1
s debarment/suspension status.
4. The Contractor shall notify the Agency on Aging immediately of any intention to discontinue existence of the entity or to bring an action for dissolution.
D. Law, Policy and Procedure, Licenses, and Certificates The Contractor agrees to administer this Agreement and require any subcontractors to administer their subcontracts in accordance with this Agreement, and with all applicable local, State, and federal laws and regulations including, but not limited to, discrimination, wages and hours of employment, occupational safety, and to fire, safety, health, and sanitation regulations, directives, guidelines, and/or manuals related to this Agreement and resolve all issues using good administrative practices and sound judgment. The Contractor and its subcontractors shall keep in effect Terms and Conditions Declaration 8 Rev . January 2022
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 .
3. The Contractor agrees that the performance of work and services pursuant to the requirements of this Agreement shall conform to accepted professional standards.
4. The Contractor shall maintain adequate staff to meet the Contractor's obligations under this Agreement.
5. The Contractor shall make staff available to the California Department of Aging and the Agency on Aging for training and meetings, which the California Department of Aging or the Agency on Aging may find necessary from time to time.
F. Payroll Taxes and Deductions
The Contractor shall promptly forward payroll taxes, insurances, and contributions, including State Disability Insurance, Unemployment Insurance, Old Age Survivors Disability Insurance, and federal and State income taxes withheld , to designated governmental agencies as required by law.
G. Nondiscrimination
The Contractor shall comply with all federal statutes relating to nondiscrimination. These include those statutes and laws contained in the Contractor Certification Clauses (Appendix 8), 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
Terms and Conditions Declaration 9 Rev. January 2022
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 $100,00 or more, executed or renewed after January 1, 2017, the Contractor certifies compliance with the Unruh Civil Rights Act (Section 501 of the Civil Code) and the Fair Employment and Housing Act (Section 12960 of the
Government Code).
b. For contracts of $100,000 or more, executed or renewed after January 1, 2017, if a Contractor has an internal policy against a sovereign nation or peoples recognized by the United States government, the Contractor certifies that such policies are not used in violation of the Unruh Civil Rights Act (Section 51 of the Civil Code) or the Fair Employment and Housing Act (Section 12960 of the Government Code).
4. Contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. [42 USC §12101 et seq.]
5. The Contractor shall not require proof of age, citizenship, or disability as a condition of receiving services.
6. Contractor agrees to include these requirements in all contracts it enters into with subcontractors to provide services pursuant to this Agreement.
H. Information Integrity and Security
1. Information Assets
Terms and Conditions Declaration 10 Rev. January 2022
The Contractor, and its SubcontractorsNendors, shall have in place operational policies, procedures, and practices to protect Agency on Aging information assets, including those assets used to store or access Personal Health Information (PHI), Personal Information (Pl) and any information protected under the Health Insurance Portability and Accountability Act (HIPAA), (i.e., public, confidential, sensitive and/or personal identifying information) herein referred to as Personal, Sensitive and Confidential Information (PSCI) as specified in the State Administrative Manual, 5300 to 5365.3; Cal. Gov. Code §11019.9, DGS Management Memo 06-12; DOF Budget Letter 06- 34; CDA Program Memorandum 07-18, Protection of Information Assets; and the Statewide Health Information Policy Manual.
Information assets include, but are not limited to:
a. Information collected and/or accessed in the administration of Agency on Aging programs and services.
b. Information Assets may be in hard copy or electronic format and may include, but are not limited to:
1) Reports;
2) Notes;
3) Forms;
4) Computers, laptops, cellphones, printers, scanners;
5) Networks (LAN, WAN, WIFI), servers, switches, routers; 6) Storage media, hard drives, flash drives, cloud storage; 7) Data, applications, databases.
2. Encryption of Computing Devices
The Contractor, and its subcontractorsNendors, are required to use 128-Bit encryption for PSCI data that is collected and stored on all computing devices (including but not limited to, workstations, servers, laptops, personal digital assistants, notebook computers and backup media) and/or portable electronic storage media (including but not limited to, discs, thumb/flash drives, portable hard drives, and backup media).
a. Use of portable electronic storage media (including, but not limited to jump drives, thumb drives, and flash drives; portable Terms and Conditions Declaration 11 Rev. January 2022
hard drives; and CDs, DVDs, and other discs) is not allowed under this Agreement.
3. Disclosure
a. The Contractor, and its SubcontractorsNendors, shall ensure that all PSCI is protected from inappropriate or unauthorized access or disclosure in accordance with applicable laws, regulations, and State and Agency on Aging policies. The requirement to protect information shall remain in force until superseded by laws, regulations, and State and Agency on Aging policies.
b. The Contractor, and its SubcontractorsNendors, shall protect from unauthorized disclosure, PSCI such as names and other identifying information concerning persons receiving services pursuant to this Agreement, except for statistical information not identifying any participant.
c. "Personal Identifying Information" shall include, but not be limited to: Name; identifying number; social security number; State driver's license or State identification number; financial account numbers; and symbol or other identifying characteristic assigned to the individual, such as finger or voice print or a photograph.
d. The Contractor, and its SubcontractorsNendors, shall not use PSCI above for any purpose other than carrying out the
Contractor's obligations under this Agreement. The Contractor and its Subcontractors are authorized to disclose and access identifying information for this purpose as required by the Older Americans Act.
e. The Contractor, and its SubcontractorsNendors, shall not, except as otherwise specifically authorized by law or required by this Agreement or court order, disclose any identifying information obtained under the terms of this Agreement to anyone other than the Agency on Aging without prior written authorization from the Agency on Aging. The Contractor may be authorized, in writing, by a participant to disclose identifying information specific to the authorizing participant.
f. The Contractor, and its SubcontractorsNendors, may allow a participant to authorize the release of information to specific entities, but shall not request or encourage any participant to give a blanket authorization or sign a blank release, nor shall the Terms and Conditions Declaration 12 Rev. January 2022
Contractor accept such blanket authorization from any
participant.
4. Privacy and Information Security Awareness Training
a. The Contractor's employees, SubcontractorsNendors, and volunteers handling PSCI must complete the required Privacy and Information Security Awareness Training module available on the CDA Web site under Providers and Partners, Information Security and Privacy, at the following URL:
https://www.aging.ca.gov/lnformation_security
b. Privacy and Information Security Awareness Training must be completed within thirty (30) days of the start date of the Contract/Agreement; within thirty (30) days of the start date of any new employee, Subcontractor, Vendor, or volunteer's employment; and annually thereafter.
c. The Contractor must maintain certificates of completion on file and provide them to the Agency on Aging and the California Department of Aging upon request.
5. Health Insurance Portability and Accountability Act (H IPAA) The Contractor agrees to comply with the privacy and security requirements of the Health Insurance Portability and Accountability Act (HIPAA) and ensure that Subcontractors/ Vendors comply with the privacy and security requirements of HIPAA.
6. Information Integrity and Security Statement
The Contractor shall sign and return to the Agency on Aging the Information Integrity and Security Statement (Appendix C of this agreement), which is hereby incorporated by reference, and shall comply with all statutes and laws contained in the statement. This is to ensure that the Contractor is aware of, and agrees to comply with , their obligations to protect CDA and Agency on Aging information assets, including PSCI , from unauthorized access and disclosure.
7. Security Incident Reporting
A security incident occurs when CDA and/or Agency on Aging information assets are or reasonably believed to have been accessed , modified, destroyed, or disclosed without proper authorization, or are lost or stolen. The Contractor and its SubcontractorsNendors must report all security incidents to the Terms and Conditions Declaration 13 Rev. January 2022
I.
Agency on Aging immediately upon detection. A Security Incident Report form (CDA 1025) must be submitted to the CDA Information Security Officer, via the Agency on Aging, within five (5) business days of the date the incident was detected. The Security Incident Report form (CDA 1025) is available on the CDA Web site at the following URL:
https://www.aging .ca.gov/I nformation_security
8. Security Breach Notifications
Notice must be given by the Contractor, and/or its Subcontractors/ Vendors, to anyone whose PSCI could have been breached in accordance with HIPAA, the Information Practices Act of 1977, and State policy.
9. Software Maintenance
The Contractor shall apply security patches and upgrades and keep anti-virus software up-to-date on all systems on which State and/or Agency on Aging data may be used.
10. Electronic Backups
The Contractor, and its SubcontractorsNendors, shall ensure that all electronic information is protected by performing regular backups of automated files and databases, and ensure the availability of information assets for continued business. The Contractor, and its SubcontractorsNendors, shall ensure that all data, files, and backup files are encrypted.
11 . Provisions of Information Integrity and Security
The provisions contained in Article V, Section H, Information Integrity and Security, shall be included in all contracts of both the Contractor and its SubcontractorsNendors.
Copyrights
1. If any material funded by this Agreement is subject to copyright, the State reserves the right to copyright such material and the Contractor agrees not to copyright such material, except as set forth in Section J of this Article.
2. The Contractor may request permission to copyright material by writing to the Executive Director of the Agency on Aging . The Executive Director shall forward such request to the State and shall Terms and Conditions Declaration 14 Rev. January 2022
relay the State's response to the Contractor within sixty (60) days from the date of receipt of the State's decision.
3. If the material is copyrighted with the consent of the State, the State reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, prepare derivative works, publish, distribute and use such materials, in whole or in part, and to authorize others to do so, provided written credit is given the author.
4. The Contractor certifies that it has appropriate systems and controls in place to ensure that funds provided under this Agreement will not be used in the performance of this Agreement for the acquisition, operation, or maintenance of computer software in violation of copyright laws.
J. Rights in Data
1. The Contractor shall not publish or transfer any materials, as defined in Section J .2 of this Article, produced or resulting from activities supported by this Agreement without the express written consent of the Executive Director of the Agency on Aging. That consent shall be given or the reasons for denial shall be given and any conditions under which it is given or denied within thirty (30) days after the written request is received by the Agency on Aging. The Agency on Aging may request a copy of the material for review prior to approval of the request. This subsection is not intended to prohibit the Contractor from sharing identifying client information authorized by the participant or summary program information that is not clientspecific.
2. As used in this Agreement, the term "subject data" means writings , sound recordings, pictorial reproductions , drawings, designs or graphic representations, procedural manuals, forms , diagrams, workflow charts , equipment descriptions, data files and data processing or computer programs, and works of any similar nature (whether or not copyrighted or copyrightable) which are first produced or developed under this Agreement. The term does not include financial reports, cost analyses, and similar information incidental to contract administration.
3. Subject only to the provisions of Article V, Section H, Information Integrity and Security, and Article V, Section I, Copyrights, of this Agreement, the State and the Agency on Aging may use, duplicate, or disclose in any manner, and have or permit others to do so subject to State and federal law all subject data delivered under this Agreement.
Terms and Conditions Declaration 15 Rev. January 2022
4. Materials published or transferred by the Contractor and financed with funds under this Agreement shall: (a) state "The materials or product were a result of a project funded by an Agreement with the Fresno-Madera Area Agency on Aging and the California
Department of Aging ;" (b) give the name of the entity, the address, and telephone number at which the supporting data is available; and (c) include the following statement: "The conclusions and opinions expressed may not be those of the Agency on Aging and/or the California Department of Aging and this publication may not be based upon or inclusive of all raw data.I)
5. The Contractor agrees to acknowledge the receipt of all funding support from the Agency on Aging in news releases (radio, television, and newspaper); printed materials such as brochures, pamphlets , newsletters; the Contractor's Web site; and any other printed documents. Such acknowledgement shall make accurate reference to the service for which funding is provided, in whole or in part, by the Agency on Aging.
6. The Contractor shall forward a copy of all products and material developed in whole or in part with Agreement funds to the Agency on Aging for file.
K. Contracts in Excess of $100,000
If all funding provided herein exceeds $100,000, the Contractor shall comply with all applicable orders or requirements issued under the following laws:
1. Clean Air Act, as amended. [42 USC §7 401]
2. Federal Water Pollution Control Act, as amended. [33 USC §1251 et seq.]
3. Environmental Protection Agency Regulations. [40 CFR §29] [Executive Order 11738]
4. State Contract Act. [Californ ia Public Contract Code §10295 et seq.]
5. Unruh Civil Rights Act. [California Public Contract Code §201 O] L. Lobbying Certification
The Contractor, by signing this Ag reement, hereby certifies to the best of his or her knowledge and belief, that:
Terms and Conditions Declaration 16 Rev. January 2022
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.
M. Conflict of Interest
1. The Contractor shall prevent employees, consultants, or members of governing bodies from using their positions for purposes including, but not limited to, the selection of subcontractors, that are, or give the appearance of being, motivated by a desire for private gain for themselves or others, such as family, business,1 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 Terms and Conditions Declaration 17 Rev . January 2022
such persons does not result in a conflict of interest (real or apparent) or increased costs over those associated with the employment of any other equally qualified applicant, and such persons have successfully competed for employment with the other applicants on a merit basis.
N. Covenant Against Contingent Fees
1. The Contractor warrants that no person or selling agency has been employed or retained to solicit this Agreement. There has been no agreement to make commission payments in order to obtain this Agreement.
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.
0 . Facility Construction or Repair
1. This section applies only to Title Ill funds and not to other funds allocated to other Titles under the Older Americans Act. a. When applicable for purposes of construction or repair of facilities, the Contractor shall comply with the provisions contained in the following and shall include such provisions in any applicable agreements with subcontractors:
i) Copeland "Anti-Kickback" Act [18 USC §874,
40 USC §3145] [29 CFR §3];
ii) Davis-Bacon Act [40 USC §3141 et seq .] [29 CFR §5]; iii) Contract Work Hours and Safety Standards Act [40 USC §3701 et seq.] [29 CFR §5, 6, 7, 8]; and
iv) Executive Order 11246 of September 14, 1965, entitled "Equal Employment Opportunity" as amended by Executive
Order 11375 of October 13, 1967, as supplemented in
Department of Labor Regulations [41 CFR §60].
b. Payments are not permitted for construction, renovation, alteration, improvement, or repair of privately-owned property which would enhance the owner's value of such property except where permitted by law and by the Agency on Aging.
Terms and Conditions Declaration 18 Rev. January 2022
c. When funding is provided for construction and non-construction activities, the Contractor must obtain prior written approval from the Agency on Aging before making any fund or budget
transfers between construction and non-construction.
P. If this Agreement includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code § 11200 in accordance with California Public Contract Code 10353.
Q. 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.
Terms and Conditions Declaration 19 Rev. January 2022
b. Denial or discontinuance of a service.
c. Dissatisfaction with the service being provided or with the service provider. If the complaint involves an issu,e 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.
R. Disaster Plan
1. The Contractor shall prepare and maintain a disaster plan that ensures provision of critical services to meet the emergency needs of consumers they are charged to serve during medical or natural disasters, such as earthquakes or floods , and make such plan available to the Agency on Aging upon request.
2. The Contractor shall provide annual disaster response training and a current list of community resources for all employees and volunteers, and maintain documentation of such training.
3. The Contractor shall designate a primary and a secondary emergency contact. Following an emergency or disaster, the Contractor's designated contact shall update the Agency on Ag ing with the Contractor's operational status.
4. The Contractor shall complete Exhibit F, Service Provider Emergency Resource Information, included with this agreement, and advise the Agency on Aging whenever a change to this information occurs.
S. Community Focal Points
The Contractor acknowledges that the Agency on Aging has designated locations as Community Focal Points, as required by Title 22 CCR Article 3 §7302(a)(1 4), 45 CFR §1321.53(c), and OAA 2006 §306(a), which are attached as Appendix J, Community Focal Points List.
Terms and Conditions Declaration 20 Rev. January 2022
ARTICLE VI. FUNDS
A. Expenditure of Funds
1. The Contractor shall expend all funds received hereunder in accordance with this Agreement.
2. The Contractor shall comply with the standards and guidelines for procurement of supplies, equipment, and services as set forth in 45 CFR §92.36.
3. The Contractor and its SubcontractorNendors shall comply with California Governor's Executive Order 2-18-2011 , which bans expenditures on promotional and marketing items colloquially known as "S.W.A.G." or "Stuff We All Get."
4. Travel Reimbursement
a. Any reimbursement by Contractor from funds provided under this Agreement for authorized travel and per diem shall be at rates not to exceed those paid by the State in accordance with the California Department of Human Resources (CalHR) rules and regulations.
In State:
• Mileage/Per Diem (meals and incidentals)/Lodging
https://www.calhr.ca.gov/employees/pages/travelreimbursements.aspx Out of State:
http ://h rm an ual. ca lh r. ca . gov /Home/Man ua I Item/ 1/2201 b. This is not to be construed as limiting the Contractor from paying any differences in costs, from funds other than those provided by this Agreement, between the CalHR rates and any rates the Contractor is obligated to pay under other contractual
agreements. No travel outside the State of California shall be reimbursed unless prior written authorization is obtained from the Agency on Aging and the State. [SCM 3.17.2.A(4)]
5. The Agency on Aging reserves the right to refuse payment to the Contractor or later disallow costs for any expenditure, as determined by the Agency on Aging to be noncompliant with this Agreement, unrelated or inappropriate to Agreement activities, or when inadequate supporting documentation is presented, or where prior Terms and Conditions Declaration 21 Rev. January 2022
approval was required but was not requested or not granted.
8. 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 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 Ill (excluding Title Il l E) and Title VII services.
4. Financial Management Systems
The Contractor shall meet the following standards for its financial management systems, as stipulated in 2 CFR §200.302 and 45 CFR §75.302:
a. Financial Reporting.
b. Accounting Records.
C. Complete Disclosure.
d. Source Documentation.
e. Internal Control.
f. Budgetary Control.
g. Cash Management (written procedures).
h. Allowable Costs (written procedures).
C. Unexpended Funds
Terms and Conditions Declaration 22 Rev . January 2022
1. At a date no later than January 1, 2024, the Contractor shall report to the Agency on Aging if any ARP 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 ARP 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 Agreement, which are not payable for goods or services delivered prior to the termination, cancellation, or expiration of this Agreement, or the dissolution of the entity.
D. Funding Contingencies
1. It is understood between the parties that this Agreement may have been written before ascertaining the availability or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if this Agreement were executed after that determination was made.
2. This Agreement is valid and enforceable only if sufficient funds are made available to the State, and subsequently to the Agency on Aging, by the United States Government or the Budget Acts of the appropriate fiscal years for purposes of the contracted program(s). In addition, this Agreement is subject to any additional restrictions , limitations, or cond itions enacted by the Congress or the Legislature that may affect the provisions, terms, or funding of this Agreement in any manner.
3. Payment for performance by the Contractor shall be dependent upon the availability of future appropriations by the Legislature or Congress for the purposes of this Agreement and approval of an itemized budget. No legal liability on the part of the State or the Agency on Aging for any payment may arise under this Contract until funds are made available; the itemized budget is approved by the State; and the Contractor has received an executed Agreement.
Terms and Conditions Declaration 23 Rev. January 2022
4. If funding for any State or Agency on Aging fiscal year is reduced or deleted by the State, Legislature, or Congress for the purposes of this program, the Agency on Aging shall have the option to either:
a. Terminate the Agreement pursuant to Section A.1 of
Article XVII , Termination, of this Agreement; or
b. Offer a contract amendment to the Contractor to reflect the reduced funding for this Agreement.
5. The Agency on Aging reseNes the right to increase and/or decrease funds available under this Agreement to reflect any restrictions, limitations, or conditions.
ARTICLE VII. BUDGET AND BUDGET REVISION
A. The Contractor shall be reimbursed for expenses only as itemized in the approved budget with the exception of line item budget transfers as noted in Section E of this Article and shall not be entitled to reimbursement for these expenses until this Agreement is approved and executed by the Agency on Aging. The approved Contractor's budget is hereby incorporated by reference into this Agreement as a part of Exhibit B.
B. The final date to submit a budget revision to the Agency on Aging for this Agreement will be determined by the Agency on Aging's Director of Finance.
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 unless there is an accepted negotiated rate accepted by all Federal awarding agencies [2 CFR 200.414(c)(1 ),(f)] [45 CFR
75.414(c)(1 ),(f)].
2. Contractors requesting reimbursement for indirect costs shall retain on file an approved indirect cost rate accepted by all federal awarding agencies or an allocation plan documenting the methodology used to determine the indirect costs.
3. Indirect costs exceeding the ten percent (10%) maximum may be budgeted as in-kind for purposes of meeting matching requirements in Title Ill 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.
Terms and Conditions Declaration 24 Rev. January 2022
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 O.1.d of this Article). c. Program Income must be spent before contract funds (except as noted in Section O.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. f. If as a result of advanced funds, the project earns interest on funds awarded by the Agency on Aging, that interest shall be identified as income to the program and used for program expenditures, with full documentation on file for all programs.
E. Line Item Budget Transfers
The Contractor may transfer Agreement funds between line items under the following terms and conditions :
1. The Contractor shall obtain prior approval from the Agency on Aging for any line item transfer of funds that exceeds ten percent (10%) of Terms and Conditions Declaration 25 Rev. January 2022
the total budget for each funding source, and submit a revised budget to the Agency on Aging.
2. The Contractor shall maintain a written record of all budget changes and clearly document line item budget changes. The record shall include the date, amount, and purpose of the transfer. This record shall be available to the Agency on Aging upon request and shall be maintained in the same manner as all other financial records.
F. Matching Contributions
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 ARP grants awarded by the Fresno-Madera Area Agency on Aging is 100%.
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 Contractor1
s report to ensure
compliance with the approved Agreement budget.
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 Terms and Conditions Declaration 26 Rev . January 2022
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 XVI I, Termination.
F. The Agency on Aging may require financial reports more frequently than indicated in Section A of this Article or more detail (or both), upon written notice to the Contractor, until such time as the Agency on Aging determines that the financial management standards are met.
G. Closeout
1. Contractor is required to submit the Financial Closeout Report for this Agreement and Fixed Assets Acquired through Grants with the Fresno-Madera Area Agency on Aging (FMAAA 32) to the Agency on Aging at a date to be announced by the Agency on Aging's Director of Finance. If Agreement is terminated or cancelled prior to the determined end date, 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.
Terms and Conditions Declaration 27 Rev. January 2022
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.
Terms and Conditions Declaration 28 Rev . January 2022
ARTICLE X. RECORDS AND REPORTS
A. Records
1. The Contractor shall maintain complete records which shall include, but not be limited to, accounting records, contracts, agreements, a reconciliation of the Financial Closeout Report to the audited financial statements, and a summary worksheet identifying the results of performing audit resolution of its subcontractors in accordance with Article XIV, Audit Requirements, of this Agreement.
This includes the following: Letters of agreement, insurance documentation, Memorandums and/or Letters of Understanding, patient or client records, and electronic files of its activities and expenditures hereunder in a form satisfactory to the Agency on Aging. All records pertaining this Agreement must be made available for inspection and audit by the Agency on Aging or its duly authorized agents, at any time during normal business hours.
2. All such records, including confidential records, must be maintained and made available by the Contractor as follows:
a. Until an audit 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 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 Terms and Conditions Declaration 29 Rev. January 2022
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. If the allowability of expenditures cannot be determined because records or
documentation of the Contractor are nonexistent or inadequate according to guidelines set forth in 2 CFR §200.302 and 45 CFR §75.302, the expenditures will be questioned in the audit and may be disallowed by the Agency on Aging or the State during the audit resolution process.
6. After the authorized period has expired, confidential records shall be destroyed by shredding and disposed of in a manner that will maintain confidentiality.
B. Reports
1. The Contractor shall prepare and submit fiscal and performance reports as designated in Appendix E, Required Reports and Due Dates. Reports shall be submitted on forms in a format approved by the Agency on Aging .
2. The Contractor shall assure that all fiscal and program data submitted to the Agency on Aging are timely, complete, accurate, and verifiable.
3. If supporting documentation is required as stated in Article XIV, Audit Requirements, all such documentation must accompany the monthly expenditure report.
4. All Program Income received by the Contractor shall be included on the monthly expenditure report, and expenditures supported by Program Income shall be stated in the appropriate column. Program Income shall be tracked on a "first in-first out" method. Unspent Program Income shall not exceed the equivalent of thirty (30) days average Program Income.
5. The Contractor shall cross-train staff on program data collection and reporting requirements in the event of planned or unplanned prolonged absences to ensure timely and accurate submission of data.
Terms and Conditions Declaration 30 Rev. January 2022
ARTICLE XI. PROPERTY
A. Unless otherwise provided for in this Article, property refers to all assets used in operation of this Agreement. Property includes land, buildings, improvements, machinery, vehicles, furniture, tools, intangibles, etc.
Property does not include consumable office supplies such as paper, pencils, toner cartridges , file folders , etc.
8. Property acquired under this Agreement, which meets any of the following criteria, is subject to the reporting requirements:
1. Has a normal useful life of at least one (1) year and has a unit acquisition cost of at least $500 (a desktop or laptop setup is considered a unit, if purchased as a unit).
2. All computing devices, regardless of cost (including, but not limited to, workstations, servers, laptops, personal digital assistants, notebook computers, tablets, smartphones, and cellphones). a. Purchase and use of portable electronic storage media (including, but not limited to jump drives, thumb drives, and flash drives; portable hard drives; and CDs, DVDs, and other discs) is not allowed under this Agreement.
C. Intangibles are property which lack physical substance but give valuable rights to the owner. Examples of intangible property include patents, copyrights, leases, and computer software. By contrast, hardware consists of tangible equipment (e.g., computer printer, terminal, etc.).
Costs include all amounts incurred to acquire and to ready the intangible asset for its intended use. Typical intangible property costs include the purchase price, legal fees, and other costs incurred to obtain title to the asset.
D. Equipment/Property with per unit cost of $500 or more requires justification 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).
E. The Contractor shall report property acquired with funds provided under this Agreement to the Agency on Aging on the Monthly Report of Expenditures and Voluntary Contributions Revenue for the month in which the property was acquired.
Terms and Conditions Declaration 31 Rev . January 2022
F. The Contractor shall attach receipts for the property and a list of the following information for each item of property acquired: Date acquired ; complete description; model number; serial number (if applicable); cost or other basis of valuation ; fund source; and specific location of the property.
G. The Contractor shall maintain a cumulative inventory, including the Asset Tag number and all information required by Section F of this Article, of all property furnished or purchased by the Contractor with funds awarded under the terms of this Agreement or any predecessor agreement for the same purpose.
H. The Contractor shall affix the Asset Tag provided by the Agency on Aging to tangible property upon receipt of the asset tag from the agency, which identifies the property as State of California property. The Contractor shall enter the Asset Tag number on the cumulative inventory records maintained by the Contractor for this Agreement.
I. The Contractor shall conduct an annual physical inventory of all property furnished or purchased by the Contractor with funds awarded under the terms of this Agreement or any predecessor agreement for the same purpose, and submit Fixed Assets Acquired through Grants with the Fresno-Madera Area Agency on Aging (FMAAA 32) with the annual Financial Closeout Report to the Agency on Aging . Corresponding reconciliation must be kept on file and available for review by the Agency on Aging .
J. Prior to disposal of any property purchased by the Contractor with funds from this Agreement or any predecessor Agreement, the Contractor must obtain approval from the California Department of Aging, through the Agency on Aging, for all reportable property as defined in Section B of this Article. The Contractor shall submit a Request to Dispose of Property (FMAAA 248) to the Agency on Aging to request disposal of property.
Disposition, which includes sale, trade-in, discarding, or transfer to another agency, may not occur until approval is provided by the California Department of Aging and the Agency on Aging notifies the Contractor of the State's instructions for disposition of property.
Once property has been disposed as per the State's authorization and instructions, the item(s) shall be removed from the Contractor's inventory report.
K. The Contractor must sanitize property (remove all confidential , sensitive, or personal information) prior to disposal, including removal or destruction of data on computing devices with digital memory and storage capacity.
Terms and Conditions Declaration 32 Rev. January 2022
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 . In addition, the Contractor shall complete a Request to Dispose of Property (FMAAA 248) and provide it to the Agency on Aging .
M. The State reserves title to all property purchased or financed with funds provided through the Agency on Aging that is not fully consumed in the performance of this Agreement, including property acquired with grant funds, matching funds , monetary donations, and in-kind donations as entered on the budget, budget revisions, and/or closeout report for this Agreement, unless otherwise required by federal law or regulations .
N. The Contractor shall exercise due care in the use, maintenance, protection , and preservation of such property during the period of the project, and shall assume responsibility for replacement or repair of such personal property during the period of the project and until the Contractor has complied with all written instructions from the Agency on Aging regarding the final disposition of the property.
0 . 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 .
P. The Contractor shall use the property for the purpose for which it was intended under this Agreement.
Q. The Contractor shall not use equipment or supplies acquired under this Agreement with federal and/or State monies for personal gain or to usurp the competitive advantage of a privately-owned business entity.
R. The Contractor shall include the provisions contained in this Article in all its subcontracts awarded under this Agreement.
ARTICLE XII. ACCESS
A. The Contractor shall provide access to the Agency on Aging, federal or State contracting agency, Bureau of State Audits, the Comptroller General of the United States, or any of their duly authorized federal or Terms and Conditions Declaration 33 Rev. January 2022
State representatives to any books, documents, papers, and records of the Contractor or subcontractor which are directly pertinent to this specific Agreement for the purpose of an audit, examination, excerpts, and transcriptions. The Contractor shall include this requirement in its subcontracts.
ARTICLE XIII. MONITORING AND EVALUATION
A. Authorized State representatives and the Agency on Aging shall have the right to monitor and evaluate the Contractor's administrative, fiscal and program performance pursuant to this Agreement. Said monitoring and evaluation may include, but is not limited to, administrative processes, fiscal , data and procurement components. This will include policies, procedures, procurement, audits, inspections of project premises, interviews of project staff and participants, and when applicable, inspection of food preparation sites.
B. The Contractor shall cooperate with the State and the Agency on Aging in the monitoring and evaluation processes, which include making any administrative, program and fiscal staff available during any scheduled process.
C. The Contractor shall monitor contracts and subcontracts to ensure compliance with laws, regulations , and the provisions of contracts that may have a direct and/or material effect on each of its Agency on Aging funded programs.
D. The Contractor is responsible for maintaining supporting documentation including financial and statistical records, contracts, subcontracts, monitoring reports, and all other pertinent records until an audit has occurred and an audit resolution has been issued or unless otherwise authorized in writing by CDA or the Agency on Aging.
ARTICLE XIV. AUDIT REQUIREMENTS
A. General
1. Any duly authorized representative of the federal or State government, which includes but is not limited to the State Auditor, CDA Staff, the Agency on Aging , and any entity selected by the State to perform inspections , shall have the right to monitor and audit Contractor and all subcontractors providing services under this Agreement through on-site inspections·, audits, and other applicable means the State determines necessary. In the event that CDA is informed of an audit by an outside federal or State government entity Terms and Conditions Declaration 34 Rev . January 2022
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 books, documents, papers, and records. 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 Branch shall perform fiscal and compliance audits of Contractors in accordance with Generally Accepted Government Auditing Standards (GAGAS) to ensure compliance with applicable laws, regulations, grants, and contract requirements.
2. The CDA fiscal and compliance audits may include, but not be limited to, a review of:
a. Financial closeouts (2 CFR §200.16 and 45 CFR §75.2). b. Internal controls (2 CFR §200.303 and 45 CFR §75.303). c. Allocation of expenditures (2 CFR §200.4 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
Terms and Conditions Declaration 35 Rev. January 2022
1. Contractors that expend $750,000 or more in federal funds shall arrange for an audit to be performed as required by the Single Audit Act of 1984, Public Law 98-502; the Single Audit Act Amendments of 1996, Public Law 104-156; 2 CFR §200.501 to 200.521; and 45 CFR §75.501 to 75.521 . A copy shall be submitted to the Agency on Aging's mailing address:
Fresno-Madera Area Agency on Aging
2037 West Bullard Avenue #512
Fresno, California 93711
2. The copy shall be submitted within thirty (30) days after receipt of the auditor's report or nine (9) months after the end of the audit period, whichever occurs first, or unless a longer period is agreed to in advance by the cognizant or oversight agency.
3. For purposes of reporting, the Contractor shall ensure that Statefunded expenditures are displayed discretely along with the related federal expenditures in the single audit report's "Schedule of Expenditures of Federal Awards" (SEFA) under the appropriate Catalog of Federal Domestic Assistance (CFDA) number as referenced in Section L of this Article.
4. For State contracts that do not have CFDA numbers, the Contractor shall ensure that the State-funded expenditures are discretely identified in the "Schedule of Expenditures of Federal Awards" by the appropriate program name, identifying Agency on Aging
grant/contract number, and as passed-through the California Department of Aging .
D. The Contractor shall perform a reconciliation of the "Financial Closeout Report" to the audited financial statements, single audit, and general ledgers. The reconciliation shall be maintained and made available for CDA review.
E. Contractor Resolution of Contractor's Subrecipients
The Contractor shall have the responsibility for resolving its contracts with subcontractors to determine whether funds approved under this Agreement are expended in accordance with applicable laws, regulations, and provisions of contracts or agreements. The Contractor shall, at a minimum, perform Contract Resolution with fifteen (15) months of the "Financial Closeout Report.,,
F. The Contractor shall ensure that subcontractor single audit reports meet 2 CFR §200 and 45 CFR §75, Subparts F-Audit Requirements.
Terms and Conditions Declaration 36 Rev. January 2022
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.
3. Effective control over, and accountability for, all funds, property, and other assets to ensure these items are used solely for authorized purposes.
4. Comparison of expenditures with budget amounts for each federal award.
5. Written procedures to implement the requirements of 2 CFR §200.305 and 45 CFR §75.305.
6. Written procedures for determining the allowability of costs in accordance with 2 CFR §200 and 45 CFR §75, Subparts E-Cost Principles. [2 CFR §200.302 and 45 CFR §75.302]
Terms and Conditions Declaration 37 Rev. January 2022
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 with all applicable audit requirements/standards.
K. A reasonably proportionate share of the costs of audits required by, and performed in accordance with the Single Audit Act Amendments of 1996, as implemented by requirements of this part, are allowable. However, the following audit costs are unallowable:
1. Any costs when audits required by the Single Audit Act, 2 CFR §200 and 45 CFR §75, Subparts F -Audit Requirements have not been conducted or have been conducted but not in accordance therewith; and Terms and Conditions Declaration 38 Rev. January 2022
2. Any costs of auditing a non-federal entity that is exempted from having an audit conducted under the Single Audit Act, 2 CFR §200 and 45 CFR §75, Subparts F - Audit Requirements because its expenditures under federal awards are less than $750,000 during the non-federal entity's fiscal year.
a. The costs of a financial statement audit of a non-federal entity that does not currently have a federal award may be included in the indirect cost pool for a cost allocation plan or indirect cost proposal. b. Pass-through entities may charge federal awards for the cost of agreed-upon-procedures engagements to monitor
subcontractors who are exempted from the requirements of the Single Audit Act, 2 CFR §200 and 45 CFR §75, Subparts F - Audit Requirements. This cost is allowable only if the agreedupon-procedures engagements are conducted in accordance with Generally Accepted Government Auditing Standards
(GAGAS) attestation standards, paid for and arranged by the pass-through entity, and limited in scope to one or more of the following types of compliance requirements: Activities allowed or not allowed ; allowable costs/cost principles; eligibility; and reporting .
L. The Administration for Community Living has not provided a CFDA number for ARP funding under this agreement. The Agency on Aging Director of Finance will provide this information when received.
M. The Contractor shall indicate which method of providing audit compliance will be in force during this Agreement (Appendix D, Method of Providing Audit Compliance).
ARTICLE XV. INSURANCE
A. Prior to commencement of any work under this Agreement, the Contractor shall provide for the term of this Agreement, the following insurance:
1. General Liability of not less than $1,000,000 per occurrence for bodily injury and property damage combined (higher limits may be required by the Agency on Aging in cases of higher than usual risks).
B. The insurance will be obtained from an insurance company acceptable to the State Department of General Services, Office of Risk and Insurance Management, or be provided through partial or total self-insurance acceptable to the Department of General Services.
Terms and Conditions Declaration 39 Rev. January 2022
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:
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 FresnoMadera Area Agency on Aging under this Agreement." Professional Liability coverage is exempt from this requirement.
2. The Fresno-Madera Area Agency on Aging shall be named as the certificate holder and its mailing address (2037 West Bullard Avenue, #512, Fresno, CA 93711) must be listed on the certificate.
F. The insurance provided herein shall be in effect at all times during the term of this Agreement. In the event the insurance coverage expires during the term of this Agreement, the Contractor agrees to provide the Agency on Aging, at least thirty (30) days prior to the expiration date, a new Certificate of Insurance evidencing insurance coverage as provided herein for a period not less than the remaining Agreement term or for a period not less than one (1) year. In the event the Contractor fails to keep in effect at all times said insurance coverage, the Agency on Aging may, in addition to any other remedies it may have, terminate this Agreement.
G. A copy of each appropriate Certificate of Insurance, or letter of selfinsurance, referencing this Agreement number shall be submitted to the Agency on Aging with this Agreement.
H. The Contractor shall be insured against liability for Worker's Compensation or undertake self-insurance in accordance with the provisions of the Labor Code and Contractor affirms to comply with such provisions before commencing the performance of the work of this Agreement. [Labor Code §3700]
Terms and Conditions Declaration 40 Rev. January 2022
I. Contractor agrees to indemnify, defend, and save harmless the FresnoMadera Area Agency on Aging, State of California, their officers, agents, and employees from any and all claims and losses occurring or resulting to any and all Contractors, subcontractors, material, laborers, and any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of this Agreement, and also from any and all claims and losses occurring or resulting in any person, firm or corporation, who may be injured or damaged by Contractor in the performance of this Agreement.
ARTICLE XVI. VOLUNTARY CONTRIBUTIONS
A. The Contractor assures that voluntary contributions shall be allowed and may be solicited in accordance with the following requirements [OAA §315(b)]:
1. The Contractor or any subcontractors for any Congregate Meal Program services shall not use means tests.
2. Any Congregate Meal Program participant who does not contribute toward the cost of the services received shall not be denied services.
3. Methods used to solicit voluntary contributions for the Congregate Meal Program shall be non-coercive. Voluntary Contribution letters sent to clients shall stipulate that contributions are voluntary and not required to receive service. Voluntary Contribution letters may not resemble a bill or statement.
4. Each Service Provider will:
a. Provide each participant with an opportunity to voluntarily contribute to the cost of the service;
b. Clearly inform each participant that there is no obligation to contribute and that the contribution is purely voluntary; c. Protect the privacy and confidentiality of each participant 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.
Terms and Conditions Declaration 41 Rev. January 2022
ARTICLE XVII. TERMINATION
A. Termination Without Cause
1. The Agency on Aging may terminate performance of work under this Agreement at any time during the Agreement term, without cause in whole or in part, if the Agency on Aging determines that a termination is in the Agency on Aging's best interest, upon ninety (90) days written notice to the Contractor. The Notice of Termination shall specify the extent of the termination and shall be effective ninety (90) days from the delivery of the Notice.
The Agency on Aging may, at its discretion, decline to negotiate additional one-year Agreement periods with the Contractor beyond the initial one-year contract award term, or, as a result of the Request for 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 State of California, the Legislature, or Congress, the Notice of Termination shall be effective thirty (30) days from the delivery of the Notice.
The parties agree that for the terminated portion of the Agreement, the remainder of Agreement shall be deemed to remain in effect and is not void.
2. The Contractor may terminate this Agreement at any time during the Agreement term by giving the Agency on Aging ninety (90) days written notice. In the event of termination notice, the Agency on Aging will present written notice to the Contractor of any condition, such as, but not limited to, transfer of clients, care of clients, return of unspent funds, and disposition of property, which must be met prior to termination of the Agreement.
3. Contractor shall, at least ninety (90) days prior to the end of the term of this Agreement, give written notice to the Agency on Aging if it intends to discontinue provision of any programs or services included in this Agreement during the subsequent Agreement period.
The purpose of this requirement is to provide sufficient planning and transition time during the course of this Agreement period to ensure continuity of services to clients.
Terms and Conditions Declaration 42 Rev. January 2022
B. Termination for Cause
1. The Agency on Aging may terminate, in whole or in part, for cause the performance of work under this Agreement. The grounds for termination for cause shall include, but are not limited to, the following:
a. In case of threat of life, health, or safety to the public. b. A violation of the law or failure to comply with any condition of this Agreement.
c. Inadequate performance or failure to make progress so as to endanger performance of this Agreement.
d. Failure to comply with reporting requirements.
e. Evidence that the Contractor is in an unsatisfactory financial condition as determined by an audit of the Agency on Aging or evidence of a financial condition that endangers performance of this Agreement and/or the loss of other funding sources. f. Delinquency in payment of taxes or payment of costs for performance of this Agreement in the ordinary course of business.
g. Appointment of a trustee, receiver, or liquidator for all or a substantial part of the Contractor's property, or institution of bankruptcy, reorganization or the arrangement of liquidation proceedings by or against the Contractor.
h. Service of any writ of attachment, levy of execution, or commencement of garnishment proceedings against the
Contractor's assets or income.
i. The commission of an act of bankruptcy.
j. Finding of debarment or suspension.
k. The Contractor's organizational structure has materially changed .
I. The Agency on Aging determines that the Contractor may be considered a "high risk" agency as described in 45 CFR §92.12 for local government and 45 CFR §74.14 for non-profit
organizations. If such a determination is made, the Contractor Terms and Conditions Declaration 43 Rev. January 2022
may be subject to special conditions or restrictions, as described in Appendix F, Sanction Policy.
m. Program operations have been suspended for more than three (3) consecutive months in any budget year, unless a longer period is granted in writing by the Agency on Aging.
2. Termination of this Agreement shall take effect immediately in the case of an emergency, such as threat to life, health, or safety of the public, or when program operations have been suspended for more than three (3) consecutive months in any budget year. In all other cases of termination for cause, the termination shall take effect thirty (30) days subsequent to written notice to the Contractor.
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 tl?rmination, 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;
Terms and Conditions Declaration 44 Rev. January 2022
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.
8. The Contractor may appeal an adverse determination by the Agency on Aging using the Appeal Procedure for Service Providers, which is set forth in Appendix G, for actions subject to appeal, as defined in Appendix G, Section I.A, Actions Subject to Appeal.
C. The Contractor may appeal the Agency on Aging's final adverse determination once all administrative remedies contained in Appendix G, Appeal Procedure for Service Providers, have been exhausted, using the appeal process established in Title 22 CCR §7700 to 7710.
D. The Contractor shall continue with the responsibilities under this Agreement during any dispute.
E. Appeal costs or costs associated with any court review are not reimbursable.
ARTICLE XIX. AMENDMENTS, REVISIONS OR MODIFICATIONS
A No amendment or variation of the terms of this Agreement shall be valid unless made in writing, approved as required by the Agency on Aging amendment process, and signed by a duly authorized representative of the Contractor and of the Agency on Aging. No oral understanding or agreement not incorporated in this Agreement is binding on any of the parties. 8 . Should either party during the term of this Agreement desire a revision, waiver or modification in this Agreement, such revision , waiver or modification shall be proposed in writing to the other party. The other Terms and Conditions Declaration 45 Rev. January 2022
party shall accept or reject the proposal within thirty (30) days of receipt of request. Once accepted , such revision may require an amendment through the Agency on Aging's contract process to provide for the change mutually agreed to by the parties.
C. The Agency on Aging reserves the right to revise, waive, or modify the Agreement to reflect any restrictions, limitations, or conditions enacted by Congress or the Legislature or as directed by the Executive Branch of State Government.
D. An amendment is required to change the Contractor's name as listed on this Agreement. Any notice given to the Agency on Aging for a Contractor's change of legal name, main address, or name of Director shall be addressed to the Fresno-Madera Agency on Aging 's Executive Director on the Contractor's letterhead. Upon receipt of legal documentation of the name change, the Agency on Aging will process the amendment. Invoices presented by the Contractor with the Contractor's new name cannot be paid prior to the Agency on Aging's approval of said amendment.
ARTICLE XX. NOTICES
A. Any notice to be given hereunder by either party to the other may be effected by one of the following methods, provided Contractor retains receipt, and shall be communicated as of actual receipt: 1) Personal delivery in writing; 2) Registered or certified mail, postage prepaid and return receipt requested; or 3) Overnight mail.
B. Notices to the Agency on Aging shall be addressed to the Fresno-Madera Area Agency on Aging at its current mailing address, 2037 West Bullard Avenue, #512, Fresno, CA 93711, and notices to the Contractor shall be addressed to the Contractor's address as indicated on page 1 of this Agreement, unless otherwise requested in writing .
C. Each party may change its address originally provided in this Agreement by written notice to the other party in accordance with this Article.
Terms and Conditions Declaration 46 Rev. January 2022
Appendices Cover Page
• Type entries in highlighted boxes as indicated.
• Appendices are set up for two-sided printing. Blank pages have been inserted where needed to accommodate twosided printing. • Print two two-sided sets after typing entries, and obtain original signatures and dates on both sets where indicated.
RESOLUTION NO. 2022-063
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REEDLEY TO
APPROVE AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE
CONTRACT(S) LISTED ON PAGE 1 OF THIS AGREEMENT WITH THE FRESNOMADERA AREA AGENCY ON AGING FOR THE TIME PERIOD OF THIS CONTRACT COMMENCING NO LATER THAN JANUARY 1, 2023, AND ENDING NO LATER THAN JUNE 30, 2024, INCLUDING ANY SUBSEQUENT
AMENDMENTS AND ALL NECESSARY SUPPORTING DOCUMENTS.
WHEREAS, the City of Reedley operates Senior Citizen Programs in the Community; and . WHEREAS, the Fresno-Madera Area Agency on Aging provides grants for Senior Citizen programs; and
WHEREAS, the City of Reedley applies for and has secured grants on a continuous basis for many years and has been required to execute grants on a yearly basis.
NOW, THEREFORE, BE IT RESOLVED that the City of Reedley City Council to approve and authorize the City Manager to execute contracts with the Fresno-Madera Area Agency on Aging on behalf of the City of Reedley.
This foregoing resolution is hereby adopted this 28th day of June, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Mary L. Fast, Mayor
ATTEST:
Ruthie Greenwood, City Clerk
APPENDIX 8
CONTRACTOR CERTIFICATION CLAUSES
CERTIFICATION
I, the official named below, CERTIFY UNDER PENAL TY 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.
City of Reedley
ContractorNendor Name (Typed)
Authorized Signature
Nicole R. Zieba, City Manager
Name and Title of Person Signing (Typed)
94-6000402
Federal ID Number
Date Executed
CONTRACTOR CERTIFICATION CLAUSES Source: State of California CCC 04/2017
1. STATEMENT OF COMPLIANCE: Contractor has, unless exempted, complied with the · nondiscrimination program requirements. (Gov. Code § 12990 (a-f) and CCR, Title 2, Section 11102) (Not applicable to public entities.)
2. DRUG-FREE WORKPLACE REQUIREMENTS: Contractor will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
1) the dangers of drug abuse in the workplace;
2) the person's or organization's policy of maintaining a drug-free workplace; 3) any available counseling, rehabilitation and employee assistance programs; and, 4) penalties that may be imposed upon employees for drug abuse violations. c. Every employee who works on the proposed Agreement will:
1) receive a copy of the company's drug-free workplace policy statement; and, 2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement.
Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Contractor may be ineligible for award of any Contractor Certification
Clauses
Appendix B - Page 1 Rev. January 2022
APPENDIX 8
C ONTRACTOR C ERTIFICATION CLAUSES
future State and Fresno-Madera Area Agency on Aging agreements if the department determines that any of the following has occurred: the Contractor has made false certification, or violated the certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et seq.)
3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies that no more than one ( 1) final unappealable finding of contempt of court by a Federal court has been issued against Contractor within the immediately preceding two-year period because of Contractor's failure to comply with an order of a Federal court, which orders Contractor to comply with an order of the National Labor Relations Board. (Pub. Contract Code § 10296) (Not applicable to public entities.)
4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO REQUIREMENT:
Contractor hereby certifies that Contractor will comply with the requirements of Section 6072 of the Business and Professions Code, effective January 1, 2003.
Contractor agrees to make a good faith effort to provide a minimum number of hours of pro bona legal services during each year of the contract equal to the lessor of 30 multiplied by the number of full time attorneys in the firm's offices in the State, with the number of hours prorated on an actual day basis for any contract period of less than a full year or 10% of its contract with the State.
Failure to make a good faith effort may be cause for non-renewal of a state contract for legal services, and may be taken into account when determining the award of future contracts with the State and the Fresno-Madera Area Agency on Aging for legal services.
5. EXPATRIATE CORPORATIONS: Contractor hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the State of California.
6. SWEATFREE CODE OF CONDUCT:
a. All Contractors contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The contractor further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108. b. The contractor agrees to cooperate fully in providing reasonable access to the contractor's records, documents, agents or employees, or premises if reasonably required by Contractor Certification
Clauses
Appendix B - Page 2 Rev. January 2022
APPENDIX 8
CONTRACTOR CERTIFICATION CLAUSES
authorized officials of the contracting agency, the Department of Industrial Relations, or the Department of Justice to determine the contractor's compliance with the requirements under paragraph (a).
7. DOMESTIC PARTNERS: For contracts of $100,000 or more, Contractor certifies that Contractor is in compliance with Public Contract Code section 10295.3.
8. GENDER IDENTITY: For contracts of $100,000 or more, Contractor certifies that Contractor is in compliance with Public Contract Code section 10295.35.
DOING BUSINESS WITH THE STATE OF CALIFORNIA
The following laws apply to persons or entities doing business with the State of California.
1. CONFLICT OF INTEREST: Contractor needs to be aware of the following provisions regarding current or former state employees. If Contractor has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification .
Current State Employees (Pub. Contract Code §10410):
1) No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment.
2) No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services.
Former State Employees (Pub. Contract Code §10411):
1) For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency. 2) For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service.
If Contractor violates any provisions of above paragraphs, such action by Contractor shall render this Agreement void. (Pub. Contract Code § 10420) Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub. Contract Code §10430 (e)) Contractor Certification
Clauses
Appendix B - Page 3 Rev. January 2022
APPENDIX 8
CONTRACTOR CERTIFICATION CLAUSES
2. LABOR CODE/WORKERS' COMPENSATION: Contractor needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Contractor affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700)
3. AMERICANS WITH DISABILITIES ACT: Contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)
4. CONTRACTOR NAME CHANGE: An amendment is required to change the Contractor's name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment.
5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:
a. When agreements are to be performed in the state by corporations, the contracting agencies will be verifying that the contractor is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled. b. "Doing business" is defined in R& TC Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will a corporate contractor performing within the state not be subject to the franchise tax.
c. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California. Agencies will determine whether a corporation is in good standing by calling the Office of the Secretary of State.
6. RESOLUTION: A county, city, district, or other local public body must provide the State with a copy of a resolution , order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement.
7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Contractor shall not be:
(1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.
8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all contractors that are not another state agency or other governmental entity.
Contractor Certification
Clauses
Appendix B - Page 4 Rev. January 2022
APPENDIX C
INFORMATION INTEGRITY AND SECURITY STATEMENT
C ERTi FiCA TION
I hereby certify that I have reviewed this Confidentiality Statement and will comply with the Statements below.
City of Reedley
ContractorNendor Name (Typed)
Authorized Signature
Nicole R. Zieba, City Manager
Name and Title of Person Signing (Typed)
22-0171APR
Contract Number
Date
In compliance with California Government Code Section 11019.9, California Civil Code Section 1798 et seq., Management Memo 06-12, and Statewide Information Management Manual (SIMM) 5300, the California Department of Aging (CDA) hereby requires the ContractorNendor to:
ACKNOWLEDGE:
• Any wrongful access, inspection, use, or disclosure of Personal, Confidential or Sensitive Information (PSCI) is a crime and is prohibited under state and federal laws, including but not limited to California Penal Code Section 502, California Government Code Section 15619, California Civil Code Sections 1798.53 and 1798.55, and the Health Insurance Portability and Accountability Act. • Any wrongful access, inspection , use, disclosure, or modification of PSCI information may result in termination of this Agreement.
MEET THE FOLLOWING REQUIREMENTS:
• PSCI information shall be protected from disclosure in accordance with all applicable laws , regulations , and policies.
• PSCI data be protected by authorized access using the principles of least privilege.
• Any occurrence that actually or potentially jeopardizes the confidentiality, integrity, or availability of an information system or the information the system processes , stores, or transmits or that constitutes a violation or imminent threat of violation of security policies, security procedures or acceptable use policies will immediately be reported to the Fresno-Madera Area Agency on Aging and a Information Integrity and
Security Statement
Appendix C - Page 1 Rev. January 2022
APPENDIX C
INFORMATION INTEGRITY AND SECURITY STATEMENT
Security Incident Report form (CDA 1025A and 1025B) must be submitted to the CDA Information Security Officer, via the Agency on Aging , within five (5) business days of the date the incident was detected.
• All access codes which allow access to confidential information will be properly safeguarded .
• Obligations to protect PSCI information obtained under this Agreement will continue after termination of the Agreement with the Fresno-Madera Area Agency on Aging .
• All employees/subcontractors of the ContractorNendor will complete the required Privacy and Information Security Awareness Training module within 30 days of the start date of the Agreement or within 30 days of the start date of any new employee or subcontractor. This training must be completed annually. The training is located on line at https://aging.ca .gov/lnformation_security. • All employees/subcontractors of the ContractorNendor must comply with CDA's confidentiality and data security requirements as outlined in Article V, Section H, Information Integrity and Security, of this Agreement.
• All employees/subcontractors of the ContracWendor must comply with the encryption and self-certification requirements as outlined in Article V, Section H, Information Integrity and Security, of this Agreement.
CERTIFY
To protect PSC I information by:
• Accessing, inspecting, using, disclosing or modifying PSCI information only for the purpose of performing official duties.
• Never accessing , inspecting , using, disclosing, or modifying PSCI information for curiosity , personal gain, or any non-business-related reason . • Securing PSCI information in approved locations.
• Never removing PSCI information from the work site without authorization. • Meets the encryption requirements in Article V, Section H, Information Integrity and Security, of this Agreement.
• Is in full compliance with the 128 Encryption requirements . • Is not in compliance with the 128 Encryption requirements and will achieve compliance by the following date: _____ , __
Information Integrity and
Security Statement
Appendix C - Page 2 Rev. January 2022
APPENDIX D
METHOD OF PROVIDING AUDIT COMPLIANCE
The service provider shall indicate which method of providing audit compliance to the Fresno-Madera Area Agency on Aging (Agency on Aging) will be in force during this Agreement.
1. Review Article XIV of this Agreement (Audit Requirements).
2. Place an X in the appropriate box below:
fx7 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.
D All supporting documentation shall be submitted to the Agency on Aging for review along with any request for reimbursement.
Enter Fiscal Year Ending Date--•I~ _J_u_ne ___ ~l 1 ~ ~ Method of Providing
Audit Compliance
Month Day Year
Appendix D Rev . January 2022
APPENDIX E
REQUIRED REPORTS AND DUE DA TES
Fiscal Reports
*Expenditure Reports by Program
Title Ill B, Title Ill C, Title Ill D, and Title VII Programs • Monthly Report of Expenditures and
Donations Revenue
Title Ill E Family Caregiver Support Program
• Title Ill E Monthly Report of Expenditures
Due 1 Sfh of each month
Due 1 sth of each month
Health Insurance Counseling and Advocacy Program Due 1stt' of each month • HICAP Monthly Report of Expenditure/Request for Funds (GOA 245) Long-Term Care Ombudsman Program Due 19h 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
• 1st HICAP Financial Closeout Report for federal funds from July 1-March 31 due by April 30th
• 2nd HICAP Financial Closeout Report for State funds from July 1-June 30 and Federal funds from April 1-June 30 due by July 30th
• Copy of Audit, as required by contract
o Due within 30 days after receipt of auditor's report, or nine months after end of audit period , whichever is earliest
• Request to Dispose of Property (FMAAA 248)
o Due within 5 days of the loss, destruction, or theft of property, or if the property will no longer be used for the contracted program
Required Reports & Due Dates Appendix E - Page 1 Rev. January 2022
APPENDIX E
REQUIRED REPORTS AND DUE D A TES
Program Reports
Monthly Service Unit Report (Form 186M)
Due -Ph working day of month:
• Title Ill B Adult Day Care
o Attach Q Monthly Service Roster, associated Client Intake Forms, and Client Deactivation Request
• Title Ill B Legal Assistance
• Title Ill B Transportation
• Title Ill D Health Promotion
• Title VII (b) Elder Abuse Prevention, Education, & Training Due 15h of each month:
• Health Insurance Counseling and Advocacy Program (HICAP) o Attach final version of HICAP Performance Measures and Benchmark Report generated from SHARP system for reporting month
*Monthly Title Ill C and ARP Grant Elderly Nutrition Program Reports Due 7th working day of month:
• Q Monthly Service Roster with client signatures and a "1" entered for each meal • Daily Sign-In Sheets with initials entered by client for each meal • Associated Client Intake Forms (originals; must be completed July 1, 2021 or later) • Client Deactivation Request
• Nutrition Volunteer Summary Report
• Food Preparation Center Food Service Check Sheet
*See Policy and Procedure Manual, provided to Site Coordinator, for full instructions Quarterly Reports
Due 15h of month following reporting period:
• Title Ill B California Legal Services Quarterly Aggregate Report (CDA 1022) through 4Q FY 21-22.
• Title VII (b) Elder Abuse Prevention Quarterly Activity Report (CDA 1037) Due 3(1h of month following reporting period:
• Long-Term Care Ombudsman Program
o Copy of completed Quarterly Ombudsman Reporting Form (OSL TCO 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 Required Reports & Due Dates Appendix E - Page 2 Rev . January 2022
APPENDIX F
FRESNO-MADERA AREA AGENCY ON AGING SANCTION POLICY
I. At-Risk Designation
Title 45 of the Code of Federal Regulations (45 CFR), sections 74.14 and 92.12, defines factors that determine if an Agreement with a Contractor is at risk. In accordance with 45 CFR, the Fresno-Madera Area Agency on Aging (Agency on Aging) may consider an Agreement with a Contractor to be at-risk if the Agency on Aging determines that the Contractor:
A. Has a history of unsatisfactory performance, for which examples include, but are not limited to:
1. Grant funds are not obligated properly, are not disbursed, or are not spent for the contracted purpose;
2. Financial reports do not include program income and the required match of funds;
3. The quantity of service units provided is less than 95% of the projected level at any time following the third month of the Agreement period;
4. The Targeting Plan is not implemented as described in the Program Narrative section of the Agreement;
5. Complaints received from clients, their caretakers, or the general public indicate that the Contractor is not providing the contracted service at a satisfactory level.
B. Is not financially stable;
C. Has a management system which does not meet the management standards set forth in Article VI , Section B, Accountability for Funds , of this Agreement;
D. Has not conformed to terms and conditions of previous awards; or E. Is otherwise not responsible, for which examples include, but are not limited, to:
1. Financial or program reports are late, incorrect, or incomplete;
2. Responses to corrective actions requested by the Agency on Aging are not provided by the due date;
3. Corrective action plans are not implemented by the due date; 4 . Findings from a prior contract monitoring are repeated in a subsequent monitoring;
Sanction Policy Appendix F - Page 1 January 2022
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.
11. 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 11.G above , which requires approval by the Agency on Aging Governing Board .
For sanctions identified in Items II .A through I1.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 I1.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.
111. 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 2 January 2022
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 Il l and Title VI Area Plan Contracts; Article XVI, Health Insurance Counseling and Advocacy Program Contract).
Sanction Policy Appendix F - Page 3 January 2022
APPENDIX G
FRESNO-MADERA AREA AGENCY ON AGING
APPEAL PROCEDURE 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.
11 . Method of Notification
A. The service provider shall provide notification of appeals, and the Agency on Aging shall provide notification of subsequent appeals determinations, by certified or overnight mail, return receipt requested , or by personal delivery in writing.
B. Notices to the Agency on Aging shall be addressed to the Fresno-Madera Area Agency on Aging , 2037 W. Bullard Ave., #512, Fresno, CA 93711 .
Appeal Procedure
for Service Providers
Appendix G - Page 1 January 2022
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.
111. Precess
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
for Service Providers
Appendix G - Page 2 January 2022
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 Committee1
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:
Appeal Procedure
for Service Providers
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
Appendix G - Page 3 January 2022
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.
Appeal Procedure
for Service Providers
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 .
Appendix G - Page 4 January 2022
APPENDIX H
FRESNO-MADERA AREA AGENCY ON AGING
2520 WEST SHAW LANE, SUITE 101A, FRESNO CA 93711
MAILING ADDRESS: 2037 WEST BULLARD AVENUE, #512, FRESNO, CA 93711
PROGRAM CONTACT LIST FOR SERVICE PROVIDERS
Telephone Number for All Contacts: (559) 214-0299
Jean Robinson - 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
Teresa Scheidt - Ext. 401
Finance Manager
Email: [email protected]
Fax: (559) 243-5918
Timothy Savage - Ext. 102
Administrative Manager
Email: [email protected]
Fax: (559) 243-5918
Stephanie Jenkins - Ext. 203
Nutrition Program Manager
Email: [email protected]
Fax: (559) 243-5918
Fresno-Madera Area Agency on Aging
Contact List for Service Providers
Appendix H January 2022
APPENDIX I
FRESNO-MADERA AREA AGENCY ON AGING
EMERGENCY CONTACT INFORMATION
Information and Assistance:
Executive Director,
Emergency Coordinator,
and Public Relations Officer
Virtual Office Mailing
Address:
Office Phone:
Administrative Manager,
Alternate Emergency
Coordinator
Virtual Office Mailing
Address:
Office Phone:
After Hours Phone:
Fresno-Madera Area Agency on Aging
Emergency Contact Information
(559) 214-0299
(800) 510-2020
Jean Robinson
2037 W. Bullard Ave. #512
Fresno, CA 93711
(559) 214-0299
Timothy Savage
2037 W. Bullard Ave. #512
Fresno, CA 93711
(559) 214-0299
(805) 602-0232
Appendix I January 2022
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
Number and Certification (IRS Form W-9)
Appendix K FY 2021 -2022
Form W-9 (Rev. 10-2018)
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. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners ' share of effectively connected income, and
4. 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).
Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax under section 1446 on any foreign partners' share of effectively connected taxable income from such business. Further, in certain cases where a Form W-9 has not been received, the rules under section 1446 require a partnership to presume that a partner is a foreign person, and pay the section 1446 withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid section 1446 withholding on your share of partnership income.
In the cases below, the following person must give Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States.
• In the case of a disregarded entity with a U.S. owner, the U.S. owner of the disregarded entity and not the entity;
• In the case of a granter trust with a U.S. granter or other U.S. owner, generally, the U.S. granter or other U.S. owner of the granter trust and not the trust; and
• In the case of a U.S. trust (other than a granter trust), the U.S. trust (other than a granter trust) and not the beneficiaries of the trust.
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, do not use Form W-9. Instead, use the appropriate Form W-8 or Form 8233 (see Pub. 515, Withholding of Tax on Nonresident Aliens and Foreign Entities).
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 his or her 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 his or her 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 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 under 4 above (for reportable interest and dividend accounts opened after 1983 only).
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.
Also see Special rules for partnerships, earlier.
What is FATCA Reporting?
The Foreign Account Tax Compliance Act (FATCA) requires a participating foreign financial institution to report all United States account holders that are specified United States 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 no longer are 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 granter of a granter 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.
Form W-9 (Rev. 10-2018)
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.
a. 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: 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 1040/1040A/1040EZ you filed with your application.
b. Sole proprietor or single-member LLC. Enter your individual name as shown on your 1040/1040A/1040EZ on line 1 . You may enter your business, trade, or "doing business as" (DBA) name on line 2. c. Partnership, LLC that is not a single-member LLC, C
corporation, or S corporation. 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.
d. 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. You may enter any business, trade, or DBA name on line 2.
e. Disregarded entity. For U.S. federal tax purposes, an entity that is disregarded as an entity separate from its owner is treated as a "disregarded entity." See Regulations section 301.7701-2(c)(2)(iii). Enter the owner's name on line 1. The name of the entity 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, "Business name/disregarded entity name." 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, OBA name, or disregarded entity name, you may enter it on line 2.
Line 3
Check the appropriate box on line 3 for the U.S. federal tax classification of the person whose name is entered on line 1 . Check only one box on line 3.
Page3
IF the entity/person on line 1 is THEN check the box for . . . a(n) ...
• Corporation Corporation
• Individual Individual/sole proprietor or single-
• Sole proprietorship, or member LLC
• Single-member limited liability
company (LLC) owned by an
individual and disregarded for U.S.
federal tax purposes.
• LLC treated as a partnership for Limited liability company and enter U.S. federal tax purposes, the appropriate tax classification. • LLC that has filed Form 8832 or (P= Partnership; C= C corporation; 2553 to be taxed as a corporation, or S= S corporation) or
• LLC that is disregarded as an
entity separate from its owner but
the owner is another LLC that is
not disregarded for U.S. federal tax
purposes.
• Partnership Partnership
• Trust/estate Trust/estate
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 in 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)
2- The United States or any of its agencies or instrumentalities 3-A state, the District of Columbia, a U.S. commonwealth or possession, 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 possession
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
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
Form W-9 (Rev. 10-2018)
The followin~ chart ~hows 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 . . .
Interest and dividend payments
Broker transactions
Barter exchange transactions and
patronage dividends
Payments over $600 required to be
reported and direct sales over
$5,0001
THEN the payment is exempt
for . ..
All exempt payees except
for 7
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.
Exempt payees 1 through 4
Generally, exempt payees
1 through 52
Payments made in settlement of Exempt payees 1 through 4 payment card or third party network
transactions
See Form 1099-MISC, Miscellaneous Income, 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) written or printed 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 possession, or any of their political subdivisions or instrumentalities 0-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 0ncluding 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)
Page4
M-A tax exempt trust under a section 403(b) plan or section 457(9) 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
En~e~ your address (number, street, and apartment or suite number).
This Is where the requester of this Form W-9 will mail your information r~turn~. If this address differs from the one the requester already has on file, wnte 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 individual taxpayer identification number (ITIN). Enter it in the social security number box. 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). Do not enter the disregarded entity's EIN. 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 1-800-772-1213.
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/Businesses and clicking on Employer Identification Number (EIN) under Starting a Business. 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 SS-4 mailed to you within 10 business days.
If you are asked to complete Form W-9 but do not have a TIN, apply for a TIN and write "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, generally you will 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.
Caution: A disregarded U.S. entity that has a foreign owner must use the appropriate Form W-8.
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.
Form W-9 (Rev. 10-2018)
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:
1. Individual
2. Two or more individuals Ooint
account) other than an account
maintained by an FFI
3. Two or more U.S. persons
Ooint account maintained by an FFI)
4. Custodial account of a minor
(Uniform Gift to Minors Act)
5. a. The usual revocable savings trust
(grantor is also trustee)
b. So-called trust account that is not
a legal or valid trust under state law
6. Sole proprietorship or disregarded
entity owned by an individual
7. Grantor trust filing under Optional
Form 1099 Filing Method 1 (see
Regulations section 1.671-4(b)(2)(i)
(A))
Far this type of account:
8. Disregarded entity not owned by an
individual
9. A valid trust, estate, or pension trust
10. Corporation or LLC electing
corporate status on Form 8832 or
Form 2553
11. Association, club, religious,
charitable, educat ional, or other taxexempt organization
12. Partnership or multi-member LLC
13. A broker or registered nominee
Give name and SSN of:
The individual
The actual owner of the account or, if
combined funds, the first individual on
the account 1
Each holder of the account
The minor2
The grantor-trustee 1
The actual owner1
The owner3
The grantor'
Give name and EIN of:
The owner
Legal entity 4
The corporation
The organization
The partnership
The broker or nominee
Page5
For this type of account: Give name and EIN of:
14. Account with the Department of The public entity
Agriculture in the name of a public
entity (such as a state or local
government, school district, or
prison) that receives agricultural
program payments
15. Grantor trust filing under the Form The trust
1041 Filing Method or the Optional
Form 1099 Filing Method 2 (see
Regulations section 1.671-4(b)(2)(i)(B))
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.
2 Circle the minor's name and furnish the minor's SSN.
3 You must show your individual name and you may also enter your business or DBA name on the "Business name/disregarded entity" name line. 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 furn ish the TIN of the personal representative or trustee unless the legal entity itself is not designated in the account title.) Also see Special rules for partnerships, earlier.
*Note: The granter also must provide a Form W-9 to trustee of trust.
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 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 credit report, contact the IRS Identity Theft Hotline at 1-800-908-4490 or submit Form 14039.
For more information, see Pub. 5027, Identity Theft Information for Taxpayers.
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 1-877-777-4778 or TTYffDD 1-800-829-4059.
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.
Form W-9 (Rev. 10-2018}
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 1-800-366-4484. 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.ldentityTheft.gov and Pub. 5027.
Visit www. irs.gov/ldentityTheft to learn more about identity theft and how to reduce your risk.
Privacy Act Notice
Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons (including federal agencies) who are required to file information returns with the IRS to report interest, dividends, or certain other income paid to you; mortgage interest you paid; the acquisition or abandonment of secured property; the cancellation of debt; or contributions you made to an IRA, Archer MSA, or HSA: The person collecting this form uses the information on the form to file information returns with the IRS, reporting the above information.
Routine uses of this information include giving it to the Department of Justice for civil and criminal litigation and to cities, states, the District of Columbia, and U.S. commonwealths and possessions for use in administering their laws. The information also may be disclosed to other countries under a treaty, to federal and state agencies to enforce civil and criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to file a tax return. Under section 3406, payers must generally withhold a percentage of taxable in~erest, dividend, and certain other payments to a payee who does not give a TIN to the payer.
Certain penalties may also apply for providing false or fraudulent information.
EXHIBIT A
TITLE Ill PROGRAM EXHIBIT
Title Ill C1 - Elderly Nutrition Program Site Management I. Definitions Specific to Title Ill Programs:
A
B.
Program Requirements is defined as Title Ill program requirements found in the Older Americans Act (OAA) [42 USC §3001-3058]; the Code of Federal Regulations (CFR) [45 CFR §1321]; the California Code of Regulations (CCR) [22 CCR §7000 et seq.]; California Department of Aging Program Memoranda; and California Retail Food Code (CRFC).
Title Ill C1 Congregate Nutrition Services is defined as nutrition services for older individuals in a congregate setting. Services include meals, nutrition and health promotion education, health promotion programs, nutrition risk screening , and opportunities for socialization.
Each meal shall provide one-third (1/3) of the Dietary Reference Intakes (ORI), and comply with the most current Dietary Guidelines for Americans.
To be an eligible Title Ill C1 congregate nutrition site, the site must meet all of the following criteria [22 CCR §7638.7(a)]:
1. Be open to the public [45 CFR §1321 .53(b)(3)].
2. Not means test [OAA §315(b)(3)].
3. Provide participants the opportunity to make voluntary contributions and not deny service for not contributing to the cost of the service [OAA §315(b)(4), 22 CCR §7638.9].
4. Not receive funds from another source for the cost of the same meal, equipment, or services [2 CFR §200.403(f), 45 CFR §75.403(f)].
C. Title Ill C2 Home-Delivered Nutrition Services is defined as nutrition services provided to homebound older individuals including meals, nutrition and health promotion education , and nutrition risk screening.
Each meal shall provide one-third (1/3) of the Dietary Reference Intakes (ORI), and comply with the most current Dietary Guidelines for Americans . [22 CCR §7135, 22 CCR §7638.7(c)].
Elderly Nutrition Program
Site Management
Exhibit A - Page 1 Rev . January 2022
D. Eligible Service Population is defined as individuals 60 years of age or older, with emphasis on those in economic and social need with particular attention to low income minority individuals, individuals with limited English proficiency, and older individuals residing in rural areas. [OAA §305(a)(2)(E); 22 CCR §§7125, 7127, 7130, 7135].
E. Site Management is defined as 1) oversight and responsibility for the dayto-day operations of an Elderly Nutrition Program nutrition site with respect to meals; 2) oversight of and responsibility for Elderly Nutrition Program staff and volunteers, including provision of required program training ; 3) collection of required Elderly Nutrition Program data from program participants; 4) keeping records and preparing reports concerning meals ordered and served, nutrition volunteer hours, and donations; and 5) ensuring the Elderly Nutrition Program nutrition site meets all federal , state, and local regulations, including applicable licensing laws and ordinances related to food service operations and sanitation.
F. CRFC means the California Retail Food Code, which is a uniform statewide health and sanitation standard for food facilities , found in Section 113700 et seq. , California Health and Safety Code.
G. Urban, for purposes of this Agreement, is defined as: 1) urbanized areas (a central place and its adjacent densely settled territories with a combined minimum population of 50,000; and 2) and incorporated place or a census designated place with 20,000 or more inhabitants. A rural area is any area that is not defined as urban .
H. Eligible Participant is defined as:
1. Congregate Meals: Individuals eligible to receive a meal at a congregate nutrition site are:
a. Any older individual (sixty (60) years of age or older). b. The spouse of any older individual.
c. A person with a disability, under age sixty (60) who resides in housing facilities occupied primarily by older individuals at which congregate nutrition services are provided.
d. A disabled individual who resides at home with and
accompanies an older individual who participates in the program .
[22 CCR §7638.7(a)(1 )-(4)]
Elderly Nutrition Program
Site Management
Exhibit A - Page 2 Rev . January 2022
2. Volunteer Meals
3. a. The Contractor may offer a meal to a volunteer under age sixty (60), if doing so will not deprive an individual age sixty (60) or older of a meal. [22 CCR §7636.9(b)(3);
CCR §7638.7(b); and OAA §339(H)]
b. The Contractor shall develop and implement a written policy for providing and accounting for volunteer meals.
[22 CCR §7638.7(b)(2)]
Home-Delivered Meals: Individuals eligible to receive a homedelivered meal are:
a. Any individual 60 years of age or older who is frail, and homebound by reason of illness, disability, or isolation. [22 CCR §7638.7(c)(1)] These individuals shall be given priority in the delivery of services. [45 CFR §1321.69(a)] i. Frail means that an older individual is determined to be functionally impaired because the individual either:
1) Is unable to perform at least two activities of daily living, including bathing, toileting, dressing,
feeding, breathing, transferring, and mobility and
associated tasks, without substantial human
assistance, including verbal reminding, physical
cueing, or supervision; [22 CCR §711 9(a)] or
2) Due to a cognitive or other mental impairment,
requires substantial supervision because the older
individual behaves in a manner that poses a
serious health or safety hazard to the individual or
to others. [22 CCR §7119(b )]
b. A spouse of an eligible individual as described in item H.3.a above, regardless of age or condition, if an assessment concludes that it is in the best interest of the homebound older individual. [22 CCR §7638.7(c)(2)]
c. An individual with a disability who resides at home with older individuals, if an assessment concludes that it is in the best interest of the homebound older individual who participates in the program. [22 CCR §7638.7(c)(3)]
Elderly Nutrition Program
Site Management
Exhibit A - Page 3 Rev. January 2022
I.
J .
K.
L.
Current Meal Rate is defined as the current vendor meal rate plus an additional amount established by the Fresno-Madera Area Agency on Aging (Agency on Aging) to recover costs associated with this process .
Eligible Meal is defined as meals served to an eligible participant which provide one-third (1/3) of the Dietary Reference Intakes (ORI), and complies with the most current Dietary Guidelines for Americans.
Individual with a Disability is defined as an individual with a disability, as defined in Section 3 of the Americans with Disabilities Act of 1990 (42 USC §12102), who is not less than age 18 and not more than age 59. [OAA §372(a)(2)]
Volunteer means an individual who provides services without pay, but may receive reimbursement for expenses, and who has been provided with orientation and Agency on Aging mandated training in compliance with Title 22, CCR §7635.5.
II. Scope of Work
The service provider is charged with providing site management services to the "eligible service population" within the service provider's area of influence as specified in Exhibit E, Item 2 of this Agreement.
A. Assurances
1. The service provider will comply with all the Program Requirements and those required under the California Retail Food Code (CRFC).
2. Meal Count Allocation
a. The service provider will be charged at the current
established meal rate for all meals ordered in excess of the number of eligible meals served to the Eligible Participants within the Title Ill C program. Participant eligibility is as defined in Title 22 , CCR, Article 5, §7638.7.
b. The Agency on Aging reserves the right to allocate meal quantities for the Elderly Nutrition Program. The service provider may be held financially responsible, at the Current Meal Rate, for all meals ordered which exceed the site's assigned allocation. The Agency on Aging has the option to increase or decrease the meal target allocations to individual sites in the event of changes in available funding, or
changes in average service levels at individual meal sites.
Elderly Nutrition Program
Site Management
Exhibit A - Page 4 Rev. January 2022
c. Only those meals that are served to an eligible participant which provide one-third (1/3) of the Dietary Reference
Intakes (ORI), and comply with the most current Dietary Guidelines for Americans, are allowable and counted as
meals served.
3. Site Management Responsibilities
In compliance with Title 22, CCR, Article 5, and the Agency on Aging Nutrition Policies and Procedure Manual provided to the service provider's site coordinator, the service provider will:
a. Assure accurate and timely completion of Client Intake forms, client rosters, daily meal sign-in sheets, Client Deactivation requests, and Nutrition Volunteer Summary reports for the Congregate and Home-Delivered Meals programs;
b. Verify and order meal counts for Congregate (C 1) and Home-Delivered (C2) meals no later than 12:00 noon the
business day prior to the service day;
c. Monitor daily meal service numbers to maintain total monthly meals ordered near or at allocation levels (however, this is not to be construed that the service provider is precluded from serving above allocation levels assigned by the Agency on Aging by using donations or other sources of revenue to supplement the number of meals;
d. Comply with all Title Ill C Program and CRFC requirements for client eligibility, and meal service safety and sanitation practices;
e. Maintain separate and verifiable records of all program income and expenses for Congregate (C 1) and HomeDelivered (C2) meals (all donations received from C 1 clients must be expended on C 1 costs, and all donations received from C2 clients must be expended on C2 costs);
f. Assess new and continuing home-delivered meal clients for program eligibility. Reassessments of home-delivered meal clients are to be completed quarterly, alternating two inhome visits per year with two telephone reassessments; g. Assess new and continuing Congregate Meals clients for program eligibility. Congregate Meals client reassessments are to be conducted at least once during each fiscal year.
Elderly Nutrition Program
Site Management
Exhibit A - Page 5 Rev. January 2022
h. Ensure client records are available only to authorized service staff assisting the individual, and keep client records in a secure, locked file cabinet to protect client confidentiality. i. Recruit volunteers as needed to provide in-center services for the Congregate (C 1) and Home-Delivered (C2) Meals
programs, and provide orientation, training , and supervision.
A minimum of four hours of training shall be provided
annually for all volunteer food service staff, to include, at a minimum:
i) Food safety, prevention of foodborne illness, and
Hazard Analysis and Critical Control Points (HACCP)
principles.
ii) Accident prevention, instruction on fire safety, first aid , choking , earthquake preparedness, and other
emergency procedures.
j. Identify and make known available services to eligible individuals through outreach efforts in their community; k. Attend Agency on Aging Site Management in-service training meetings as required;
I. Comply with all Agency on Aging monthly memos and other Agency on Aging correspondence;
m. Procure and maintain food service and cleaning supplies inventories;
n. Post menus in a location easily seen by participants at each congregate meal site; ensure menus are legible and easy to read in the language of the majority of the participants; and ensure menus are available in large print;
o. Not preclude the service of a congregate meal to a
participant who has failed to make a reservation , when food is available;
p. Have a paid staff member, or volunteer, designated to be responsible for the day-to-day activities at each congregate meal site, and physically be on-site during the time that Elderly Nutrition Program activities are taking place;
q. Have restrooms, lighting, and ventilation which meet the requirements of the CRFC;
Elderly Nutrition Program
Site Management
Exhibit A - Page 6 Rev . January 2022
r. Include procedures for obtaining the views of Congregate Meals Program participants about the services received ; s. Have equipment at congregate meal sites, including tables and chairs, that are sturdy and appropriate for older
individuals. Tables shall be arranged to assure ease of access and encourage socialization;
t. Provide a welcoming, pleasant dining environment for congregate meals that affords older adults an opportunity for socialization with their peers and enhancement of a healthy and enriching lifestyle; and
u. Observe any physical or emotional changes in participants' conditions and report any cases of known or suspected elder abuse to local law enforcement.
B. Additional Assurances
1. Facilities shall be properly maintained by the service provider with regards to repairs and maintenance, cleanliness , accessibility, etc.
2. The service provider must submit the reports specific to this program as listed i'n Appendix E of this Agreement.
3. All reports required by the Agency on Aging must be submitted by the due dates listed in Appendix E of this Agreement.
4. The service provider shall have a plan to ensure accuracy of data from all levels. This plan shall include a method for the service provider to verify the accuracy of their data prior to submission to the Fresno-Madera Area Agency on Aging .
Elderly Nutrition Program
Site Management
Exhibit A - Page 7 Rev. January 2022
IV. Approved Holidays for Nutrition Sites
There are a total of nine recognized holidays in which food service will not be provided by central kitchens to congregate meal sites and sites are assumed to be closed:
Independence Day
Labor Day
Veterans Day
Thanksgiving Holiday
Christmas Holiday
New Years Holiday
Martin Luther King Jr. Day
Presidents Day
Memorial Day
July 4
First Monday in September
November 11
Fourth Thursday in November
December 25
January 1
Third Monday in January
Third Monday in February
Final Monday in May
Elderly Nutrition Program
Site Management
Exhibit A - Page 8 Rev . January 2022
EXHIBIT 8
Budget
The Agency on Aging sends budget forms in Excel format to service providers via e-mail.
Please email the completed contract budget to the Agency on Aging's fiscal department ([email protected]), and provide two completed sets of the budget with the signed and completed contract documents.
Please contact the Agency on Aging's fiscal department at (559) 214-0299 to request hard copies of the blank worksheets if needed.
(Revised May 2021) FRESNO - MADERA AREA AGENCY ON AGING PROGRAM BUDGET BY INCOME SOURCE: FY 2022-23
CONTRACTJNG AGENCY: City of Reedl ey
PROGRAM : Title III Cl-Site Management
D. E.
FMAAA DO NOT USE PROGRAM MATCHING NON- A. rW/////ff///21C.
GRANT FOR FUTURE INCOME FUNDS MATCHING
CATEGORY
1. SALARIES & BENEFITS
a. Salaries
b. Payroll Taxes
c. Employee Benefits & Work. Comp.
1. PERSONNEL COSTS
2. TRAVEL AND TRAINING
a. Staff Travel
b. Volunteer Travel
c. Training
USE ONLY
16,872--
~~
~
16,872~
2. TRAVEL AND TRAINING I ~
~ ~
~
3. EQUIPMENT PURCHASE ( * )
4. CONSULTANTS
DO NOT USE - FOR FUTURE USE ONLY
PROGRAM/SITE SUPPLIES ( ** )
7 OTHER COSTS:
a. Liability Insurance
b. Telephone
c. Office Supplies
d. Postage
e. Building Rent
f. Building Maintenance
g. Equipment Maintenance
h. Vehicle Maintenance
i. Utilities
j. Printing
k. Memberships/Licenses
I. Subscriptions/Publications
m. Advertising
n.
o.
7. OTHER COSTS:
TOTAL DIRECT COSTS
8. INDIRECT COSTS (Attach narrative)
TOTAL COSTS
SOW"~
~ ~
1/////~
~
~
~ff///.
~
~
~
~
~ JOO--
16,972~
16,972~
~~
FUNDS
2,017
1,567
3,959
7,543
100
100
1,000
50 50
100
5,500 12,243
5,500 12,243
CONTRACT NO: 22-017 1ARP ------- REV[S[()N NO:
F. ,G. TOTAL IN-KIND
CASH MATCH
18,889
1,567
3,959
24,415
100
100
1,000
100
100
·200
34,715
34,715
(Revised May 2021) FRESNO - MADERA AREA AGENCY ON AGING SCHEDULE OF FUNDING SOURCES: FY 2022-23
CONTRACTING AGENCY: City of Reedley
PROGRAM: Title III CI-Site Management
1. FMAAA Grant
3. Program Income:
Current Year Program Income
Deferred Program Income
4. Matching Funds - Cash & In-Kind (List Source):
a. City of Reedley
b.
c.
d.
5. Non-Matching Funds [Fede~al Funds/Other Program Match] - Cash & In-Kind (List Source):
a.
b.
c.
6. TOTAL FUNDING
(These t{)tals must agree with the totals shown at ti,,_'!_ b_o_ttOf!l of /!__age 2 column F and G) Total from Page 2, Columns F and G
Variance (must be zero)
CONTRACT NO: 22-0171ARP -------- REV l S ION NO:
PROGRAM
B. CASH C. IN-KIND
16,972
5,500
12,243
34,715
34,715
0 0
(Revised May 2021) FRESNO - MADERA AREA AGENCY ON AGING PROGRAM BUDGET BY INCOME SOURCE: FY 2022-23
CONTRACTING AGENCY: City of Reedley CONTRACT NO:
PROGRAM: Title III Cl-Site Management
CATEGORY
1. SALARIES & BENEFITS
a. Salaries
b. Payroll Taxes
c. Employee Benefits & Work. Comp.
1. PERSONNEL COSTS
2. TRAVEL AND TRAINING
a. Staff Travel
b. Volunteer Travel
c. Training
2. TRAVEL AND TRAINING
3. EQUIPMENT PURCHASE ( * )
4. CONSULTANTS
DO NOT USE - FOR FUTURE USE ONLY
6. PROGRAM/SITE SUPPLIES ( ** )
7 OTHER COSTS:
a. Liability Insurance
b. Telephone
c. Office Supplies
d. Postage
e. Building Rent
f. Building Maintenance
g. Equipment Maintenance
h. Vehicle Maintenance
i. Utilities
j. Printing
k. Memberships/Licenses
I. Subscriptions/Publications
m. Advertising
n.
o.
7. OTHER COSTS:
TOTAL DIRECT COSTS
8. INDIRECT COSTS (Attach narrative)
TOTAL COSTS
A.
FMAAA
GRANT
~,c. DO NOT USE PROGRAM
FOR FUTURE INCOME
USE ONLY
~
~ ff//1//// /,
~
~//////~~
V/
~ V,1
567~
567~//#//2'/
3,602~
~//~
~ ~
~//////
W,//:
~~
~
W/////$//&
~~
~///
V/////,
~
6,081~//
~
~
6,081~
REVISION NO:
n MATCHING IL NON- IR TOT AL
FUNDS MATCHING CASH
FUNDS
567
567
3,602
6,081
6,081
22-0 171 ARP --------
G.
IN-KIND
MATCH
(Revised May 2021) FRESNO - MADERA AREA AGENCY ON AGING SCHEDULE OF PROGRAM/SITE SUPPIES AND EQUIPMENT PURCHASES: FY 2022-23 CONTRACTING AGENCY: City of Reedl ey
PROGRAM: Title III Cl-Site Management
ITEM Estimated Estimated
QUANTITY Estimated
per unit How is the item to be used for the amount paid by Item Type / Descripton Month of (Must List Purchase purchase program the grant is funding? FMAAA/ number) cost ( *** ) GRANT funding
I PURCHASES FOR "PROGRAM I SITE SUPPLIES" EXCEEDING $100 PER INDIVIDUAL OR SINGLE ITEM:
a 1 Kitchen Faucet and install A ug 899 Sink faucet to clean dishes and was h hands 899 b 1 Shelving Unit Aug 717 Store FM AAA paperwork 71 7
C 1 Work Table A ug 71 8 Replace serving table used for food program 719 d 1 Microwave Aug 185 lJsed to warm food program 185
e 1 Refridgerator Aug 1082 lJsed to store food program cold items 1082 f
g
h
i
i
k
I
m
n
0 p
q
TOTAL PURCHASES FOR "PROGRAM/ SITE SUPPLIES" EXCEEDING $100 PER INDIVIDUAL OR SINGLE ITEM: 3602 2 PURCHASES FOR "EOUIPMENT PURCHASE" EXCEEDING $500 PER INDIVIDUAL OR SINGLE ITEM:
a
b
C
d
e
TOTAL PURCHASES FOR "EOUIPMENT PURCHASE" EXCEEDING $500 PER INDIVIDUAL OR SINGLE ITEM:
*** Costs to include estim ated purchase of the individual / single item to be purchased, any taxes, any shipping and installati on costs .
CONTRACT NO: 22-0171ARP
REV lSlON NO:
Estimated Estimated amount paid by
PROGRAM amount paid by
INCOME MATCH
fundin!! funding
.. - •-' - .
Exhibit 8
BUDGET
Instructions
Please review all instructions before preparing the budget.
The budget forms provided with this contract consist of four pages:
These pages are a hard copy of an Excel workbook that the Agency on Aging e-mails to each contracting organization. The workbook contains four separate worksheets, one for each page of the budget.
The following rules apply to all budget pages.
• Please prepare two budgets for the entire funding period. o One budget should be prepared for funds allocated for the 12-Month Funding Cycle.
o A second budget should be prepared for funds allocated as One-Time Start-Up Costs to be used within 60 days from receipt of fully executed contract. More information about One-Time Start-Up Costs is included on Page 3 of this document.
• (Please note that the maximum amount of grant funding that can be disbursed will be limited to the amounts and periods shown on page 1 of the contract.) • Please use the Excel workbook and prepare the budget worksheets in sequence so that formulas (cells in shaded areas) calculate across worksheets. • If your organization does not have access to Excel, please type all entries. Handwritten budgets are not acceptable.
• If using Excel, please do not make any entries in shaded areas of the budget forms, as they contain formulas.
• Please do not change pre-printed line-item descriptions. • The following heading must appear on all budget pages:
o Contracting Agency: The legal name of the contracting agency. o Contract No.: Enter the contract number shown on page 1 of this contract.
Exhibit B Instructions Page 1 of 1 O Revised Jan. 2022
American Rescue Plan (ARP)
o Program: Funding Source (i.e., Title Ill C1) and Contracted Program (i.e., Nutrition Site Management) shown on page 1 of this contract.
o Revision No.: If providing a revision to a previously approved budget, please enter the revision number.
Definitions:
In-Kind consists of services and/or supplies provided free of charge to your organization from an outside source.
Matching Funds (cost-sharing) means the value of third-party in-kind contributions and that portion of the costs of a grant-supported project or program not borne by the federal government. 1 Neither costs nor the values of third-party in-kind contributions may count towards satisfying a cost-sharing or matching requirement of a U.S. Department of Health and Human Services grant if they have been or will be counted towards satisfying a cost-sharing or matching requirement of another federal grant, a federal procurement contract, or any other award of federal funds. 2 In other words, matching funds are your share of the program costs plus any in-kind program costs that are not otherwise dedicated to another federal funding source.
Program income cannot be used to meet matching requirements. Program income can only be used to fund the expenses for the respective program for which the program income was received and must be spent before grant funds.
Minimum matching contribution for ARP grants awarded by the Fresno-Madera Area Agency on Aging is 100%.
Any funds used for the contracted program that meet the definition of "matching funds" should be entered in budget fields that require entry of matching funds.
Non-Matching funds are other federal awards and/or cash or in-kind costs used to match other federal awards.
Deferred Program Income is unspent program income from the prior year contract that have been approved by the FMAAA to be carried forward to the current year contract. A letter must be on file with the FMAAA detailing the program income and requesting approval to carry them forward to the new contract.
Indirect costs are those: a) incurred for a common or joint purpose benefiting more than one cost objective; and b) not readily assignable to the cost objectives specifically benefited, without effort disproportionate to the results achieved. To facilitate equitable distribution of indirect expenses to the cost objectives served, it may be necessary to establish a number of pools of indirect costs within a governmental unit department or in other agencies providing services to a governmental unit department. Indirect cost pools should be distributed to benefited cost objectives on bases that will produce an equitable result in consideration of relative benefits derived.
If your organization has a federally approved Cost Allocation Plan, attach a copy of the plan to the budget. If your organization is charging the contracted program indirect costs based on an internal cost allocation plan (a plan other than a federally approved Cost Allocation Plan), provide a full disclosure of the method used that includes a listing of the types of services/supplies 1 Federal Grants Management Handbook Grants Management Advisory Service, February, 1992, Subpart G Ss 74.51 . 2 Federal Grants Management Handbook Grants Management Advisory Service, February , 1992, Subpart G Ss 74.53.
Exhibit B Instructions
American Rescue Plan (ARP)
included in the cost allocation plan. This plan must have the prior approval from the FMAAA before being used.
One-Time Start-Up Costs:
The budget for start-up costs must be accompanied with a written plan explaining how these funds are to be utilized along with description of the materials or supplies needed for preparing the site.
Examples of reimbursable costs to be included only as "Start-Up Costs" and needed for reopening the site are listed below. This list is not exhaustive. Please contact FMAAA staff with any questions about the costs associated with your particular start-up plan before submitting your budget.
• Special one-time pest control fumigation services.
• Special one-time janitorial services.
• Cleaning supplies needed for preparing the site for reopening. • Payroll costs for provider staff for cleaning and preparing for reopening the site. • Replacement of small kitchen utensils, storage containers. • Maintenance and repairs to equipment essential for and dedicated solely to the congregate meal program.
The fiscal reports for the expenditure of these funds must be accompanied with the supporting invoices.
The reimbursement of provider staff compensation must be supported with time sheets reflecting the hours spent preparing the site along with a brief description of the tasks performed.
The invoices for the services of outside vendors must identify what services were performed, the location of the service, what equipment was repaired (if applicable) and any other information necessary to readily identify how these services are connected with the preparation for reopening the site.
Exhibit B Instructions
American Rescue Plan (ARP)
Personnel Budget Detail (Budget Page 1 of 4)
Column Column Instructions Label Title
A Position List all paid positions for the contracted program. These positions Title must agree with those listed under Staffing on page 4 of Exhibit E, Program Narrative. Use additional copies of page 1 if more than 10 positions. If there are multiple positions with the same title, list them separately and enter a distinguishing description, such as Driver-Route 1; Driver-Route 2, etc. Do not enter names of any of the individuals filling the positions.
B FTE % (40 Full Time Equivalency (FTE) is a percentage of time each position Hrs=100%) works per week for your organization in total, based on a 40-hour work week (full time); if the individual works 40 hours per week, the FTE % is 100%. If a position works 25 hours per week, the FTE is
62.5% (25 hours divided by 40 hours).
C Full Annual Full Annual Salary is the total salary your organization plans to pay Salary this position for all work performed during the contract period. The Total Payroll Taxes (FICA, SUI, FUTA) and Total Benefits (including Workers' Compensation Insurance) should only be listed at the bottom of Columns E through Column I (see page 5 of Instructions, Total Payroll Taxes and Total Benefits).
D % of Time This is the percentage of time this position will work on the on Program contracted program. For example, if a full-time position spends 10 hours per week on the contracted program, the percentage of time on program would be 25% (10 hours divided by 40 hours). If a position works 25 hours per week, and 10 hours of this week is spent on the contracted program, the percentage of time on program would be 40% (10 hours divided by 25 hours).
Note: Current 2 CFR 225 guidelines state that an organization receiving federal funds may budget by estimated percentage; however, the organization must keep adequate records indicating the actual time worked and reconcile cost a/locations for personnel to actual time worked periodically during the grant period. This can be achieved by funding positions across differing cost objectives and keeping time logs. Time logs must be certified by the employee and at least one supervisor, and must be available during a fiscal monitoring.
Exhibit B Instructions
American Rescue Plan (ARP)
Personnel Budget Detail (Budget Page 1 of 4) - Continued Column Column Instructions Label Title
E FMAAA For each position listed, enter the amount of the grant for the Grant contracted program that will be allocated for each position.
F DO NOT DO NOT USE - FOR FUTURE USE
USE
G Program Enter any Program Income that will be applied to listed positions.
Income
H Matching Enter any matching funds that will be applied to listed positions.
Funds
I Non- Enter any non-matching funds that will be applied for listed Matching positions.
Funds
j Total Total of Columns E through I for each position listed; the result Personnel should equal Column C (Full Annual Salary) multiplied by Costs Column D (% of Time on Program).
Exhibit B Instructions
American Rescue Plan (ARP)
Personnel Budget Detail (Budget Page 1 of 4) - Continued Row Label Instructions
Total Salaries Total of each column, Columns E through I. The total of all entries on this row is calculated for Column J.
Total Payroll Enter the total payroll taxes that are a cost of the contractor (FICA, Taxes SUI, FUTA) for all positions listed, distributed among Columns E through I. The total of all entries on this row is calculated for Column J.
Total Benefits Enter the total benefits costs that are a cost of the contractor, including retirement and Workers' Compensation insurance, for all positions listed, distributed among Columns E through I. The total of all entries on this row is calculated for Column J.
Total Personnel The amounts of the rows Total Salaries, Total Payroll Taxes, and Costs Total Benefits are combined for this row. The total of all entries in the Total Personnel Costs row is calculated for Column J.
In-Kind Personnel Costs
Description of Work Performed Enter type(s) of work to be conducted by volunteers Number of Volunteers
Hours per Volunteer
Total Annual Hours
Rate per Hour
Total In-Kind
Exhibit B Instructions
American Rescue Plan (ARP)
in support of the contracted program, i.e., "Assist with serving meals."
Enter the number of volunteers that will conduct the
type of work listed.
Number of hours each volunteer performing the work
described in the Description of Work Performed is
expected to work during the contract period.
The number of volunteers multiplied by the hours per
volunteer.
Indicate the rate per hour the volunteer would have
been paid if this had been a paid position. The rate
should be reasonable, determined by the prevailing
rate per hour for the position in the service area.
The Total Annual Hours multiplied by the Rate per
Hour. The grand total of this column is carried forward to Page 2 of the budget (Line 1, Column G).