Reedley City Council
July 23, 2024

ALL CELL PHONES AND ELECTRONIC DEVICES MUST BE

TURNED OFF IN THE COUNCIL CHAMBERS
AGENDA

REEDLEY CITY COUNCIL MEETING
7:00 P.M.

TUESDAY, JULY 23, 2024
Meeting Held in the Council Chambers
845 "G" Street, Reedley, California
www.reedley.ca.gov ·
Peticiones para servicios de traducci6n deben ser sometidas 48 horas antes a la Secretaria Municipal al numero 637-4200 ext. 212
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 held in person and may be observed remotely via Zoom or at:
http://www.reedley.com/livestream.php.

Public comment may be made in person or submitted in writing. Members of the public who wish to provide written comments are encouraged to submit their comments to the City Clerk at [email protected] by the close of business one day prior to the start of the meeting to ensure that the comments will be available to the City Council. Please indicate the agenda item number to which the comment pertains. Written comments that do not specify a particular agenda item will be marked for the general public comment portion of the meeting. A copy of any written comment will be provided to the City Council at the meeting. Please note that written comments received will not be read aloud during the meeting, but will be included with the meeting minutes.

Matthew Tuttle, Mayor Pro Tern
Mary Fast, Council Member
Anita Betancourt, Mayor
Suzanne Byers, Council Member
Scott Friesen, Council Member

MEETING CALLED TO ORDER
INVOCATION- Pastor Matt Harder, Reedley Mennonite Brethren Church

PLEDGE OF ALLEGIANCE

ROLL CALL

AGENDA APPROVAL - ADDITIONS AND/OR DELETIONS
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. For adoption of ordinances, only those that have received a unanimous vote upon introduction are considered Consent items.

CONSENT AGENDA (Item 1-10)

1. APPROVAL OF MINUTES OF THE REGULAR COUNCIL MEETING OF JUNE 25, 2024 - (City Clerk)
Staff Recommendation: Approve

2. APPROVE AND AUTHORIZE THE CITY MANAGER TO EXECUTE A ONE YEAR

AGREEMENT WITH THE FRESNO COUNTY RURAL TRANSIT AGENCY FOR LAW ENFORCEMENT SERVICES ON TRANSIT VEHICLES- (Administrative Services) Staff Recommendation: Approve

3. APPROVE AND AUTHORIZE THE CITY MANAGER TO EXECUTE AN AGREEMENT ON

BEHALF OF THE CITY OF REEDLEY, BETWEEN THE CITY OF REEDLEY AND THE UNIVERSITY OF CALIFORNIA DAVIS/KORET SHELTER MEDICINE PROGRAM- (Police Department)
Staff Recommendation: Approve

4. APPROVE AND AUTHORIZE THE CITY MANAGER TO SIGN A SCOPE OF WORK WITH

C&S COMPANIES FOR DISADVANTAGE BUSINESS ENTERPRISE (DBE)

ADMINISTRATION SERVICES TO MEET FEDERAL AVIATION ADMINISTRATION (FAA) REQUIREMENTS- (Community Services)
Staff Recommendation: Approve

5. ADOPT RESOLUTION NO. 2024-054 ADOPTING MASTER SALARY TABLES

UPDATING PAY RATES FOR EMPLOYEES IN THE GENERAL SERVICES UNIT- (Administrative Services)
Staff Recommendation: Approve
2 6. ADOPT RESOLUTION NO. 2024-056 APPROVING AND ACCEPTING THE FISCAL YEAR 2024-2025 CLAIMS FOR MEASURE C LOCAL TRANSPORTATION FUNDS FROM THE FRESNO COUNTY TRANSPORTATION AUTHORITY - (Engineering) Staff Recommendation: Approve

7. CONSIDER THE FOLLOWING ITEMS (A) AND (B) FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECT NO. 24571, RUPERT AND CHURCH CONSTRUCTION FROM DINUBA AVENUE TO CURTIS AVENUE:

A. ADOPT RESOLUTION NO. 2024-055 AUTHORIZING THE EXECUTION OF THE CITY-COUNTY AGREEMENT FOR CDBG PROJECT NO. 24571,

RUPERT AND CHURCH RECONSTRUCTION
B. ADOPT BUDGET RESOLUTION NO. 2024-059 AMENDING THE FISCAL YEAR 2024-2025 BUDGET TO APPROPRIATE AVAILABLE FUNDS IN THE AMOUNT OF $550,161 FOR CDBG PROJECT NO. 24571, RUPERT AND

CHURCH RECONSTRUCTION
(Engineering)
Staff Recommendation: Approve

8. APPROVAL OF ITEMS PERTAINING TO THE SENIOR CONGREGATE MEAL PROGRAM AT THE REEDLEY SENIOR CENTER:

A. ADOPT RESOLUTION NO. 2024-057 AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT NO. 25-0171 AND ALL SUPPORTING

DOCUMENTS WITH THE FRESNO-MADERA AREA AGENCY ON AGING
(FMAAA)
B. ADOPT RESOLUTION NO.2024-058 AMENDING THE 2024-25 CITY OF REEDLEY ADOPTED BUDGET APPROPRIATING $20,567 IN THE FUND 027 SENIOR CITIZENS NUTRITION GRANT TO FIND THE SENIOR

CONGREGATE MEAL PROGRAM
(Community Services)
Staff Recommendation: Approve

9. ADOPT RESOLUTION NO. 2024-060 APPROVED THE SUBMITTAL OF A GRANT

APPLICATION TO THE UNITED STATES DEPARTMENT OF ENERGY TO FUND THE

FEASIBILITY STUDY FOR A FUTURE ORGANIC WASTE ENERGY CONVERSION PROJECT WITHIN THE CITY OF REEDLEY-(Community Development) Staff Recommendation: Approve

10.ADOPT RESOLUTION NO. 2024-061 AUTHORIZING THE CITY ENGINEER TO

APPROVE, SIGN AND SUBMIT A GRANT APPLICATION AND SUPPORTING

DOCUMENTS TO THE FRESNO COUNCIL OF GOVERNMENTS (FCOG) FOR THE MEASURE C NEW TECHNOLOGY RESERVE GRANT PROGRAM-(Engineering) Staff Recommendation: Approve
3 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.

11. RECEIVE, REVIEW AND FILE THE QUARTERLY INVESTMENT REPORT FOR 4TH QUARTER ENDING JUNE 30, 2024 FOR FISCAL YEAR 2023-24-Administrative Services

12.QUARTERLY EXPENSE & TRAVEL REPORT FOR ELECTED AND APPOINTED OFFICIALS-APRIL 1, 2024 THROUGH JUNE 30, 2024- Administrative Services

13.REEDLEY COMMUNITY SERVICES COMMISSION MINUTES OF REGULAR MEETING OF JANUARY 25, 2024 - Community Services

COUNCIL REPORTS

14.BRIEF REPORT BY COUNCIL MEMBERS ON CITY RELATED ACTIVITIES AS AUTHORIZED BY THE BROWN ACT AND REQUESTS FOR FUTURE AGENDA ITEMS.

STAFF REPORTS

15. 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 agenda was posted in accordance with the applicable legal requirements. Dated this 18th day of July 2024.

Dates to Remember:

August 13, 2024- Regular Meeting
August 27, 2024 - Dark
Rut~ ~&
4 REEDLEY CITY COUNCIL MEETING -June 25, 2024
A complete audio record of the minutes is available at www.reedley.ca.gov The meeting of Reedley City Council was called to order by Mayor Betancourt at 7:00 p.m. on Tuesday, June 25, 2024 in the City Hall Council Chambers, 845 "G" Street, Reedley, California.

INVOCATION - Pastor Ron Robertson, Full Gospel Tabernacle

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Tuttle

ROLL CALL
Council Members

Present:

Absent:

Mary Fast, Scott Friesen, Matthew Tuttle and Anita Betancourt Suzanne Byers

AGENDA APPROVAL - ADDITIONS AND/OR DELETIONS
City Manager asked for item 13 to be removed from the agenda.

Council Member Tuttle motioned, Council Member Friesen seconded to accept and approve agenda.

Motion unanimously carried.

PRESENTATION

1. IDLY IS PARKS & RECREATION MONTH PROCLAMATION

2. BADGE PINNING FOR MATTHEW GOERTZEN AND INTRODUCTION OF CRYSTAL CABRERA Police Chief Garza introduced Dispatcher Crystal Cabrera and presented Officer Matthew Goertzen with his new badge.

PUBLIC COMMENT
Reyna Rodriguez from Visalia felt more should be done to provide translation services for the local community.

CONSENT AGENDA (Item 3-5)
Council Member Tuttle moved, Council Member Friesen seconded to accept, approve and adopt all items listed under the CONSENT AGENDA.

3. APPROVAL OF MINUTES OF THE REGULAR COUNCIL MEETING OF IDNE 11 , 2024 -Approved

4. APPROVAL OF EXPENSE REIMBURSEMENT FOR COUNCILMEMBER FAST -Approved

5. APPROVE AND AUTHORIZE THE CITY MANAGER TO SIGN AN AGREEMENT ADDENDUM WITH

LSA ASSOCIATES TO CONTINUALLY PERFORM ON-CALL PROFESSIONAL SERVICES FOR THE COMMUNITY DEVELOPMENT DEPARTMENT-PLANNING DIVISION - Approved

PUBLIC HEARING

6. ADOPT CONSIDER APPEAL OF BUSINESS LICENSE REVOCATION FOR MIXTECO ICE CREAM (ANGEL NERI, OWNER)
City Attorney Laurie Avedisian-Favini explained the process for the appeal.

Public Hearing Opened: 7:39 p.m.

REEDLEY CITY COUNCIL MEETING -June 25, 2024
Mr. Neri presented his case regarding why he should continue to have a City of Reedley business license. Code Enforcement Officer J esalyn Harper explained the case for revocation of the business license, and that code enforcement efforts date back to October 2022. Mr. Neri had the opportunity to respond to the allegations. Council Members asked questions of Mr. Neri and Code Enforcement Officer Harper.

Suzanne Johnson asked questions regarding the Fresno County Health Department inspections. Ms. Johnson's question was answered by Code Enforcement Officer Harper.

Reyna Rodriguez stated that Mr. Neri is originally from Mixteco Mexico and in that part of Mexico there are no regulations, and they are free to sell as they please.

Public Hearing Closed: 8:46 p.m.

Council Member Tuttle motioned to deny the appeal, Council Member Fast seconded and the motion was unanimously carried.

7. CONSIDER APPEAL OF BUSINESS LICENSE REVOCATION FOR ADIEL CORN (OLIVIA TRINIDAD, OWNER)
City Attorney Laurie Avedisian-Favini explained the process for the appeal.

Public Hearing Opened: 8:50 p.m.

Ms. Trinidad presented her case on regarding why she should continue to have a City of Reedley business license.

Code Enforcement Officer Jesalyn Harper explained that the multiple violations from Adiel Com. Ms. Trinidad had the opportunity to respond to the allegations. Council Members asked questions.

Reyna Rodriguez stated in her opinion it feels like this couple has hit rock bottom and believes they have learned from their mistakes and hopes that the Council will grant them forgiveness. Ms. Rodriguez stated that it is possible that managing two business licenses was too much for Mr. Neri and Ms. Trinidad. Ms. Rodriguez thought they can do a better job of managing just one license.

Angel Neri stated he was singled out and there are other vendors in the community that are not following the City of Reedley and the Fresno County Health Department rules.

Public Hearing Closed: 9:14 p.m.

Council Member Friesen motioned to deny the appeal, Mayor Betancourt seconded and the motion was unanimously carried.

8. CONSIDER THE FOLLOWING ITEMS (A) AND (B) FOR THE ANNEXATION OF TRACT 6408 PHASE I

AND II (MANNING EAST OF THE KINGS RIVER) INTO THE CITY OF REEDLEY LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1.

A. ADOPT OPEN PUBLIC HEARING FOR THE ANNEXATION OF TERRITORY (TRACT 6408

PHASE I AND II) INTO THE CITY OF REEDLEY LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1 AS ZONE EE AND EE SUB AREA 1. CLOSE THE PUBLIC

HEARING AND OPEN THE BALLOT(S)
B. ADOPT RESOLUTION NO. 2024-053 APPROVING THE ANNEXATION OF TERRITORY (TRACT 6408 PHASE I AND 11) INTO THE CITY OF REEDLEY LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1 AS ZONE EE AND EE SUB AREA l,THE

LEVY AND COLLECTION OF ANNUAL ASSESSMENTS WITHIN SUCH TERRITORY COMMENCING WITH FISCAL YEAR 2024-2025 AND CONFIRMING A DIAGRAM AND ASSESSMENT PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE.
2 REEDLEY CITY COUNCIL MEETING -June 25, 2024
City Engineer Marilu Morales discussed this item would allow Council to hold a public hearing, order the tabulation of ballots and upon the determination that a majority protest does not exist, it would allow for the adoption of Resolution 2024-053.

Public Hearing Opened: 9:36 p.m.

City Clerk Ruthie Greenwood announced that 1 ballot was mailed out with a total of 93 .4 votes and one ballot was returned.

Public Hearing Closed: 9:37 p.m.

I Otani Properties I ;;: I No
City Clerk announced the item passed.

Council Member Fast moved, Council Member Tuttle seconded to CONSIDER THE FOLLOWING ITEMS (A) AND (B) FOR THE ANNEXATION OF TRACT 6408 PHASE I AND II (MANNING EAST OF THE KINGS RIVER) INTO THE CITY OF REEDLEY LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1.

A. ADOPT OPEN PUBLIC HEARING FOR THE ANNEXATION OF TERRITORY (TRACT 6408

PHASE I AND II) INTO THE CITY OF REEDLEY LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1 AS ZONE EE AND EE SUB AREA 1. CLOSE THE PUBLIC

HEARING AND OPEN THE BALLOT(S)
B. ADOPT RESOLUTION NO. 2024-053 APPROVING THE ANNEXATION OF TERRITORY (TRACT 6408 PHASE I AND II) INTO THE CITY OF REEDLEY LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1 AS ZONE EE AND EE SUB AREA l ,THE LEVY

AND COLLECTION OF ANNUAL ASSESSMENTS WITHIN SUCH TERRITORY COMMENCING WITH FISCAL YEAR 2024-2025 AND CONFIRMING A DIAGRAM AND ASSESSMENT PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE.

Motion unanimously carried.

ADMINISTRATIVE BUSINESS

9. APPROVE AND AUTHORIZE THE CITY MANAGER TO EXECUTE A TWO-YEAR MEMORANDUM OF UNDERSTANDING WITH THE GENERAL SERVICES UNIT, EFFECTIVE JULY 1, 2024, AND ENDING JUNE 30, 2026, SUBJECT TO APPROVAL OF TENTATIVE AGREEMENT City Manager Nicole Zieba said that the tentative Memorandum of Understanding was approved by the General Services Unit yesterday, and requested that the Council approve the tentative Memorandum of Understanding.

Council Member Friesen moved, Council Member Tuttle seconded to APPROVE AND AUTHORIZE THE CITY

MANAGER TO EXECUTE A TWO-YEAR MEMORANDUM OF UNDERSTANDING WITH THE GENERAL SERVICES UNIT, EFFECTIVE JULY 1, 2024, AND ENDING JUNE 30, 2026, SUBJECT TO APPROVAL OF

TENTATIVE AGREEMENT
Motion unanimously carried.

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.

10. REEDLEY AIRPORT COMMISSION MINUTES OF REGULAR MEETING OF MARCH 14, 2024

COUNCIL REPORTS
3 REEDLEY CITY COUNCIL MEETING -June 25, 2024

11. BRIEF REPORT BY COUNCIL MEMBERS ON CITY RELATED ACTIVITIES AS AUTHORIZED BY THE BROWN ACT AND REQUESTS FOR FUTURE AGENDA ITEMS.

Council Member Friesen:
• Discussed the employee awards event he attended
Council Member Fast
• Also discussed the employee awards event
• Shared about the upcoming 4th of July event
• Mentioned the annual report from the Mosquito Abatement Council Member Tuttle
• Shared about the Flag Day event and flag raising event • Attended a Kings River East Ground Water meeting and provided a brief update Mayor Betancourt:
• Shared about the flag ceremony she attended
• Discussed the employee awards event she attended

STAFF REPORTS

12. UPDATES AND/OR REPORTS BY CITY MANAGER AND/OR STAFF MEMBERS.

City Manager Nicole Zieba:
• Provided an update regarding the upcoming July and August council meetings • Discussed the city office will be closed in observance of 4th of July holiday Police Chief Garza:
• Discussed the upcoming Reedley Police Department Community Academy

ADJOURNMENT
Mayor Betancourt adjourned the regular meeting at 9:52 p.m.

Mayor Anita Betancourt
ATTEST:

Ruthie Greenwood, City Clerk
4 REEDLEY CITY COUNCIL
DATE: July 23, 2024
[g) Consent
D Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: z ----
TITLE: APPROVE AND AUTHORIZE THE CITY MANAGER TO EXECUTE A ONE YEAR

AGREEMENT WITH THE FRESNO COUNTY RURAL TRANSIT AGENCY FOR LAW

ENFORCEMENT SERVICES ON TRANSIT VEHICLES
SUBMITTED: Paul A. Melikian, Assistant City Manager -~•.__...-- APPROVED: Nicole R. Zieba, City Manager

RECOMMENDATION
It is recommended that the City Council approve and authorize the City Manager to execute a one-year agreement with the Fresno County Rural Transit Agency (FCRTA) for law enforcement services on transit vehicles, not to exceed $10,000, covering the period July 1, 2024 to June 30, 2025.

EXECUTIVE SUMMARY
The FCRTA would like to continue its relationship with the City to provide law enforcement services on FCRTA transit vehicles operating within city limits. Under the terms of the attached Agreement, a City police officer will board a FCRTA vehicle at minimum, once per week, to provide a security presence on the vehicle and at the bus shelter. All terms are consistent with the requirements of previous annual agreements.

FISCAL IMPACT
As in past years, the City will continue to bill the FCRTA semi-annually for services rendered under this Agreement in an amount not to exceed $10,000 for the 2024-25 fiscal year. The revenue will be deposited to the General Fund and used to offset the cost of law enforcement.

ATTACHMENTS
Agreement for Law Enforcement Services
AGREEMENT FOR SERVICES BET\VEEN

THE FRESNO COUNTY RURAL TRANSIT AGENCY AND THE

CITY OF REEDLEY
This AGREEMENT, made and entered into this 1st day of July, 2024 (hereinafter referred to as "Effective Date") by and between the FRESNO COUNTY RURAL TRANSIT AGENCY, a California joint powers Public Agency (hereafter referred to as 1 'FCRTA11 ), and the CITY OF
REEDLEY, a California municipal corporation and general law city (hereafter referred to as 11CITY"). FCRTA and CITY are sometimes collectively referred to herein as the "Parties" and individually as a "Party."
WITNESSETH:

WHEREAS, it is necessary and desirable that CITY contract with FCRT A to provide law enforcement, safety, security, and other services as described in this Agreement to FCRTA vehicles and facilities operating within CITY'S boundaries; and
WHEREAS, FCRT A represents that it is authorized by Section 3 of the Joint Powers Agreement that created FCRTA, which was originally executed on September 27, 1979, to contract for the services to be provided by the CITY under this Agreement; and WHEREAS, CITY represents that it is authorized by law to provide the services hereinafter described to FCRTA.

NOW, THEREFORE, it is agreed by FCRTA and CITY as follows:

I. CITY'S OBLIGATIONS
A. A police officer employed by CITY shall provide following services to FCRTA at a minimum of one day per week (Monday- Saturday), as selected by CITY:

1. A uniformed officer shall Board the stopped vehicle at any designated bus stop

2. Make visual observations while inside vehicle

3. Greet driver of vehicle

4. Assist passengers or driver with any questions

5. Provide bus shelter safety and security
B. CITY shall complete and submit the FCRTA Police Officer Observation Report attached hereto as Exhibit A and incorporated herein by reference.

Agreement For Services - Reedley

C. CITY will make available to FCRT A all documents, studies, or other information in its possession that is not protected by the attorney-client privilege related to the services provided by CITY under this Agreement.

II. FCRTA's OBLIGATIONS
A. FCRTA shall compensate CITY as provided in section III of this Agreement.

B. FCRTA will make available to CITY all documents, studies, or other information in its possession that is not protected by the attorney-client privilege related to the services provided by CITY under this Agreement.

III. COMPENSATION AND INVOICING
A. Notwithstanding any other provision in this Agreement, payment by FCRT A to CITY for the services rendered under this Agreement, shall be limited by an amount not to exceed the sum of $10,000.00.

B. CITY shall submit two semi-annual invoices to FCRTA. Each invoice shall specify: (1) the total amount previous charged by CITY to FCRTA for services provided under this Agreement; (2) total hours of services rendered dUiing the period covered by the invoice; multiplied by (3) the CITY's approved billing rate of$166.44 per hour, equaling (4) the amount owed to CITY for the services provided during the period covered by the invoice.

IV. TERMINATION
A. Termination Without Cause.

This Agreement may be terminated without cause at any time by FCRTA or CITY upon thirty (30) calendar days written notice. If either Party terminates this Agreement, CITY shall be compensated for services satisfactorily completed to the date of termination based upon the compensation rates and subject to the maximum amounts payable agreed to in Section III.

B. Breach of Contract.

FCRT A or CITY may suspend or te1minate this Agreement in whole or in part, where in the determination ofFCRTA or CITY there is:

1. An illegal or improper use of funds;

2. A failure to comply with the terms of this Agreement, and after due notice, failure to cure;

3. · Improperly perfmmed services under this Agreement.

4. Failme to pay for services appropriately rendered.

Agreement For Services - Reedley

In no event shall any payment by FCRTA constitute a waiver by FCRT A of any breach of this Agreement or any default which may then exist on the part of the CITY. Neither shall such payment impair or prejudice any remedy available to FCRTA with respect to the breach or default.

V. INDEPENDENT CONTRACTOR
In perfonnance of the work, duties, and obligations assumed by CITY to be provided under this Agreement, it is mutually expressly understood and agreed that CITY, including any and all of CITY' s officers, agents, and employees will at all times be acting and performing as an independent contractor, and shall act in an independent capacity and not as an officer, agent, servant, employee, joint venture, partner, or associate of FCRT A. Furthem1ore, FCRTA shall have no right to control or supervise or direct the manner or method by which CITY shall perform its work and function. However, FCRTA shall retain the right to administer this Agreement so as to verify that CITY is performing its obligations in accordance with the tenns and conditions thereof.

CITY and FCRT A shall comply with all applicable provisions of law and the rnles and regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof.

Because of its status as an independent contractor, CITY shall have absolutely no right to employment rights and benefits available to FCRTA employees. CITY shall be solely liable and responsible for providing to, or on behalf of, its employees all legally-required employee benefits. In addition, CITY shall be solely responsible and save FCRT A harmless from all matters relating to payment of CITY's employees, including compliance with Social Security, withholding, and all other regulations governing such matters. It is acknowledged that during the term of this Agreement, CITY may be providing services to others unrelated to FCRT A or to this Agreement.

VI. ASSIGNMENT
CITY shall not assign or subcontract its duties under this Agreement without the prior express written consent of the FCRT A. No such consent shall be construed as making the FCRTA a Party to such subcontract, or subjecting the FCRTA to liability of any kind to any subcontractor.

No subcontract whether existing or later entered into as set forth herein, under any circumstances shall relieve CITY of its liability and obligation under this contract, and all transactions with the FCRT A must be through CITY. Subcontractors may not be changed by CITY without the prior express written approval of FCRT A.

VII. BINDING NATURE OF AGREEMENT; MODIFICATION
The Parties agree that all of the terms of this Agreement shall be binding upon them and that together these terms constitute the entire Agreement of the Parties with respect to the subject matter hereof. No variation or modification of this Agreement and no waiver of any of its provisions or conditions shall be valid unless in vvTiting and signed by duly authorized representatives of the Parties. This Agreement shall be binding upon FCRTA, CITY, and their successors in interest, legal representatives, executors, administrators, and assigns with respect to all covenants as set forth herein.

Agreement For Services - Reedley

VIII. INDEMNITY
The CITY and FCRTA (hereafter individually referred to as a "PARTY") shall hold harmless, and indemnify the other PAR TY and its respective governing board, officers, directors, employees, authorized agents, contractors or subcontractors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' and expert witness fees and costs) that arise out of or as a result of any negligent act or omission or willful misconduct of the indemnifying PARTY or its governing board, officers, directors, employees, authorized agents, contractors or subcontractors in carrying out the indemnifying P ARTY's obligations tmder this Agreement, except to the extent that such expense, liability or claim is proximately caused by the negligence or willful misconduct of the PAR TY indemnified or its governing board, officers, directors, employees, autho1ized agents, contractors or subcontractors.

IX. NON DISCRIMINATION AND DBE
CITY shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. CITY shall carry out all applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the CITY to carry out these requirements is a material breach of this contract, which may result in the termination of this contract and such other remedy as the recipient deems appropriate.

X. INSURANCE
Without limiting either Parties right to obtain indemnification, CITY shall require its subcontractors, at their sole expense to maintain in full force and effect the following insurance policies throughout the term of this Agreement:

A. General liability insurance with coverage of not less than $1,000,000 combined single limit per occurrence for bodily injury, personal injwy and property damage. If the Commercial General Liability Form or any other policy with a general aggregate limit is used, either the aggregate limit shall be endorsed to apply separately to this project or the aggregate limit shall be twice the above occurrence limit.

B. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and prope1ty damage.

C. Automobile Physical Damage: Subject to existing law, collision and other types of physical damage coverage, including repair or replacement with comparable equipment.

D. The above liability limits may consist of a combination of a primary policy limit and an excess policy limit to total at least $1,000,000.

E. Workers compensation insurance as required by law.

Agreement For Services - Reedley

General liability insurance policies shall name the FCRT A, its officers, and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned. Such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by FCRTA, its officers, agents, and employees, shall be excess only and not contributing with insurance provided under the CITY' s subcontractors policies herein.

No subcontractor of CITY shall not cancel or change any insurance policy required by this Agreement without a minimum of thirty (30) days advance, written notice given to FCRTA.

CITY shall provide certification of all insurance policies required by this Agreement to FCRTA within twenty-one (21) days of the date of the execution ofthis Agreement.

XI. CONFLICT OF INTEREST
CITY and FCR TA covenant they have no interest, and will not have any interest, direct or indirect, which would conflict in any manner with the performances of the services required hereunder.

XII. EFFECTIVE DATE, TERM
This Agreement shall become effective as of the Effective Date above and shall remain in full force and effect through June 30, 2025, unless sooner terminated or unless its term is extended. Upon the mutual written Agreement of the Parties hereto, this Agreement may be extended beyond that date.

XIII. NOTICES
Any and all notices between FCRTA and the CITY provided for or pem1itted under this Agreement or by law shall be in writing and shall be deemed duly served when personally delivered to one of the Parties, or in lieu of such personal service, when deposited in the United States Mail, postage prepaid, addressed to such Party, at such addresses set forth below:

FCRTA
Moses Stites, General Manager
Fresno County Rural Transit Agency
2035 Tulare, Suite 201
Fresno, CA 93721
CITY
Nicole Zieba, City Manager
City of Reedley
1 717 9th Street
Reedley, CA 93662
For all claims arising out of or related to this Agreement, nothing in this section establishes, waives, or modifies, any claims presentation requirements or procedures provided by law, including but not limited to the Government Claims Act (Division 3.6 of Title I of the Government Code, commencing with section 810).

XIV. VENUE; GOVERNING LAW
Agreement For Services - Reedley

Venue for any claim or action arising under this Agreement shall be in Fresno County, California. This Agreement shall be governed in all respects by the laws of the State of California.

XV. LEGAL AUTHORITY
Each Party represents and warrants to the other Party that such Party is duly authorized and empowered to execute, enter into, and perform its obligations set forth in this Agreement, and that the individual signing this Agreement on behalf of such Party has been duly authorized to execute this Agreement on behalf of such Party, and will, by signing this Agreement on such Party's behalf, legally bind such Party to the tenns, covenants, and conditions of this Agreement. Each Party further represents and warrants to the other Party that no other person or entity is required to give its approval or consent to this Agreement in order for such Party to authorize, enter into, and perform its obligations under this Agreement, or that if such approval or consent to this Agreement is required, that such approval or consent has been obtained.

XVI. DRUG FREE WORK PLACE
CITY and FCRTA shall certify compliance with Government Code Section 8355 pertaining to providing a drug-free workplace per Exhibit B - "Drug Free Workplace Certification".

XVII. FEDERAL FUNDS
CITY and FCRTA shall acknowledge the participation of federal funds in this PROJECT by causing to have printed on the cover page of any final document provided subsequent to this Agreement, "The preparation of this report has been financed in part through grants from the United States Department of Transportation."
XVIII. REPRESENTATION BY COUNSEL
Each Party acknowledges that it has had the opportunity to be represented by counsel in connection with this Agreement and the transactions contemplated by this Agreement.

XIX. CONSTRUCTION OF AGREEMENT
The Parties hereby acknowledge that they and their respective counsel have cooperated in the drafting and preparation of this Agreement, for which reason this agreement shall not be construed against any Party as the drafter thereof.

XX. NO THIRD-PARTY BENEFICIARIES
Notwithstanding anything else to the contrary herein, the Parties acknowledge and agree that no other person, firm, corporation, or entity shall be deemed an intended third-party beneficiary of this Agreement.

XXI. COMPLETE AGREEMENT
Agreement For Services - Reedley

This Agreement represents the full and complete understanding of the parties with respect to the subject matter hereof, and all preliminary negotiations and oral or written agreements with respect thereto are merged herein. No verbal agreement or implied covenant shall be held to vruy the provisions hereof. Any modification of this Agreement will be effective only by a written instrument signed by both Parties. No waiver of any provision of this Agreement will be valid unless and until it is in writing and signed by the Party making the waiver. Waiver by either Party at any time of a breach or default of this Agreement shall not be deemed a waiver of or consent to a breach or default of the same or any other provision of this Agreement.

XXII. ASSIGNMENTffRANSFER
No assignment or transfer in whole or in part of this Agreement shall be made without the prior \.vritten consent of the FCRT A.
(Signature page follows.)
Agreement For Services - Reedley

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the date and year first above written.

FRESNO COUNTY RURAL TRANSIT
MOSES
By CUA

STITES,
b:Ltio
General
~ Manager

CITY OF REEDLEY
By _________ _
NICOLE ZIEBA, City Manager
APPROVED AS TO LEGAL FORM ON BEHALF OF FCRTA:

DANIEL C. CEDERBORG, County Counsel
Agreement For Services - Reedley

REEDLEY CITY COUNCIL
DATE: July 23, 2024
[:8:1 Consent
D Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: 3 ----
TITLE: APPROVE AND AUTHORIZE THE CITY MANAGER TO EXECUTE AN

AGREEMENT ON BEHALF OF THE CITY OF REEDLEY, BETWEEN THE

CITY OF REEDLEY AND THE UNIVERSITY OF CALIFORNIA DAVIS / KORET SHELTER MEDICINE PROGRAM.

PREPARED BY: Marc A. Ediger, Police Commander q
SUBMITTED: Jose L. Garza, Chief of Police ~
APPROVED: Nicole R. Zieba, City Manager ~

RECOMMENDATION
That the City Council approve and authorize the City Manager to execute an agreement on behalf of the City of Reedley, between the City of Reedley and the University of California Davis / Koret Shelter Medicine Program for the 2023-2024 fiscal year.

EXECUTIVE SUMMARY
The Reedley Police Department has researched options for additional funding for the City of Reedley animal shelter operated by the Police Department. Through our research and communication with the University of California Davis, specifically the Davis Campus School of Veterinary Medicine and their Koret Shelter Medicine Program, we have discovered a viable services agreement that would provide $5,000 toward general operating expenses of our animal shelter.

BACKGROUND
The University of California Davis / Davis Campus School of Veterinary Medicine / Koret Shelter Medicine Program offers a services agreement for statewide animal shelters. This agreement provides additional funding to animal shelters through an agreement that each shelter provide historical data and ongoing annual data of animals cared for through the local shelter. The services agreement offered to the City of Reedley is in the amount of $5,000 for use toward general operating expenses of our animal shelter. The payment for the funds is in a lump sum, upon the City providing an invoice and the signed services agreement.

The services agreement would extend for a term through January, 31, 2027. The data requested through the agreement will be provided on an annual basis to the UC Davis Koret Medicine Program. This data is already being collected as a routine procedure for the intake and care of animals through the City of Reedley shelter.

FISCAL IMPACT
The City of Reedley will receive $5,000 in general operating funds upon providing an invoice to the UC Davis Koret Medicine Program and providing a signed services agreement.

ATTACHMENTS

1. Shelter Services Agreement: Term February 14, 2024 through January 31, 2027. (CITY and UC DAVIS)
UC Davis Agreement# __ _

SHELTER SERVICES AGREEMENT
(Reedley Animal Control)
THIS SHELTER SERVICES AGREEMENT ("Agreement") is made and entered into as of the date last signed below by and between THE REGENTS OF THE UNIVERSITY OF CALIFORNIA ("University") on behalf of its Davis Campus School of Veterinary Medicine on behalf of its Koret Shelter Medicine Program ("Facility") and REEDLEY ANIMAL CONTROL ("Shelter") in connection with the California for All Animals statewide animal shelter assistance program ("Program").

The parties agree as follows:

1. Shelter Services. Shelter shall adhere to the scope of work described in "Exhibit A", attached hereto and by this reference made a part hereof ( collectively the "Services"). University shall reimburse Shelter for costs ("Expenses") pursuant to Section 2 below and as outlined in Exhibit A. "Deliverables" shall consist of report(s) and photographs, as applicable, as more fully described in Exhibit A. Additional work shall be performed only if authorized in advance by written amendment to this Agreement executed by both parties. To the extent that any provision of Exhibit A is inconsistent with this Agreement, this Agreement shall take precedence.

2. Payment by University. In consideration of Shelter's Expenses as described in Exhibit A, Facility shall pay Shelter an amount not to exceed $5,000 upon invoice from Shelter and final signature of this Agreement. Payment questions should be addressed to Nancy Bei at telephone number (530) 754-9183 or at e-mail address [email protected].

3. Term. Services shall be rendered from February 14, 2024 through January 31 , 2027.

4. Endorsement Disclaimer. Nothing in this agreement shall be interpreted to indicate, imply, or otherwise suggest (i) that University supports, endorses, favors, or advances, any product or service offered, connected, or affiliated with Shelter; or (ii) that University endorses, favors, supports, or opposes, any proposal, measure, program of action, campaign, or public appeal that is advocated, promoted, advanced, or opposed by any other person or entity with respect to the subject matter presented by Shelter.

5. Amendment. This Agreement may be amended at any time by amendment in writing and signed by the parties, and no other change in any term or condition shall be valid or binding unless made by amendment.

6. Mutual Indemnification. The parties agree to defend, indemnify and hold one another harmless from and against any and all liability, loss, expense, attorneys' fees, or claims for injury or damages arising from the performance of this agreement, but only in proportion to and to the extent such liability, loss, expense, attorneys' fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of the indemnifying party, its officers, agents, students, or employees.

UCD #
l of 4

7. Insurance. The parties at their own respective costs shall carry sufficient insurance, or programs of self-insurance (general liability, workers' compensation, and auto liability), adequate to cover any claims arising from their respective activities under this Agreement.

8. Force Majeure. Neither party shall be liable for damages suffered by the other party because of University's or Shelter's failure to perform if failure is due to any cause beyond that party's control.

9. Relationship of the Parties. The parties to this Agreement shall be and remain at all times independent contractors, neither being the employee, agent, or representative of the other in their relationship under this Agreement.

10. Use of University's Name. Shelter shall not use the name or mark of University in any form or manner in advertisements, reports, or other information released to the public without the prior written approval of University.

11. Contract Compliance. As applicable, if this Agreement is funded wholly or in part with by a grant or contract from an agency of any state or federal government, Shelter shall comply with all terms and conditions applicable to recipients of such funds and their contractors.

12. Notice. Any notice, request, or inquiry regarding the provisions of this Agreement, its termination, or similar matters shall be directed to the appropriate party at the following address:

UNIVERSITY (regarding contracts)
Steven Kobayashi
Business & Revenue Contracts
University of California, Davis
One Shields Ave.

Davis, CA 95616
E-mail: stk:[email protected]
UNIVERSITY (regarding project)
Karol Tapias
School of Veterinary Medicine
University of California, Davis
One Shields Ave.

Davis, CA 95616
E-mail: [email protected]
SHELTER ( regarding contracts)
Armando Gurrola
Reedley Animal Control
1733 9th Street
Reedley, CA 93654
E-mail: [email protected]

13. University's Right to Use Data. University shall have the unrestricted right to use for its own purposes, including publication, any data or information which may be developed, provided by or arising in connection with the performance of this Agreement.

14. Governing Law. This Agreement shall be constrned pursuant to California law.

UCD #

15. Federal Exclusion Warranty. Shelter warrants that it is not excluded from participation in any governmental sponsored program, including, without limitation, the Medicare, Medicaid, or Champus programs (http://exclusions.oig.hhs.gov/search.html) and the Federal Procurement and Nonprocurement Programs (https://www.sam.gov/index.html/##l l#l). This agreement shall be subject to immediate termination in the event that Shelter is excluded from participation in any federal healthcare or procurement program.

16. Audit Requirements. The Agreement, and any pertinent records involving activities related to the services provided pursuant to the terms and conditions of this Agreement, shall be subject to the examination and audit of the California State Auditor and any other duly authorized agents of the State of California for a period of three (3) years after the date of final payment hereunder.

Shelter hereby agrees to make all such records available during normal business hours to inspection, audit and reproduction by University and any duly authorized local, state and/or federal agencies. Any and all examinations and audits conducted hereunder shall be strictly confined to those matters connected with the performance of this Agreement, including, without limitation, the costs associated with the administration of this Agreement.

17. Termination. University may terminate this Agreement at any time by giving Shelter thirty (30) calendar days' written notice of such action. If this Agreement is terminated, Shelter shall retain any funds expended or committed for the purposes of this Agreement and will return any unexpended funds.

18. Entire Agreement. This Agreement constitutes the entire understanding of the parties respecting the subject matter hereof and supersedes any prior understanding or agreement between them, written or oral, regarding the same subject matter.

AGREED:

REEDLEY ANIMAL CONTROL
By: ________ _
( authorized signature)
Print name: --------
Title: -----------
Date: __________ _

THE REGENTS OF THE

UNIVERSITY OF CALIFORNIA
By: ________ _
UC Davis
Date:

UCD#

Exhibit A
Scope of Work

1. Purpose of the work: Reedley Animal Control will receive funds for general operating expenses.

2. Roles and responsibilities of each party: Reedley Animal Control will provide historical data from 2019 to 2023, and annual data through 2026 to UC Davis Koret Shelter Medicine Program in support of the California/or All Animals (CA4AA) program.

KSMP will support the shelter to comply with data requirements.

3. Dates and times will the work be completed: Work will be completed during the contract period of February 14, 2024 through January 31, 2027.

4. Location where work will be performed: 1733 9th Street, Reedley, CA 93654

5. Required deliverables: Annual data reports will be required/or the life of the program.

6. Total cost of the services: Total of services not to exceed $5,000. No construction costs will be funded through this grant.

7. Payment schedule: Payment will be upon execution of the agreement.

8. Anticipated additional work: Additional work is not anticipated at this time.

UCD #
4 of 4
DATE: July 23, 2024

REEDLEY CITY COUNCIL
~ Consent
D Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: Lj- ----
TITLE: APPROVE AND AUTHORIZE THE CITY MANAGER TO SIGN A SCOPE OF

WORK WITH C&S COMPANIES FOR DISADVANTAGE BUSINESS

ENTERPRISE (DBE) ADMINISTRATION SERVICES TO MEET FEDERAL

AVIATION ADMINSTRATION (FAA) REQUIREMENTS
SUBMITTED: Sarah Reid
Community Services Director
APPROVED: Nicole R. Zieba 1 • • /
City Manager 7

RECOMMENDATION
Approve and authorize the City Manager to sign a Scope of Work with C&S Companies for Disadvantage Business Enterprise (DBE) Administration Services to meet Federal Aviation Administration (FAA) requirements.

BACKGROUND
The City of Reedley was notified that it must have a DBE report and established DBE goals on file to be eligible for the 90% funding share from the FAA on future airport capital projects that exceed $250,000.

The City of Reedley signed an agreement with C&S Companies in April of 2024 to continue providing airport consulting services. C&S Companies has worked with other airports to get compliant with the federal requirements of 49 CFR Part 26 Disadvantage Business Enterprise Program. As such, the City is requesting to add the Disadvantage Business Enterprise (DBE) Administration Services to the scope of work in the C&S Companies contract. If the City of Reedley does not comply with this requirement it will hold up the reimbursement payments from the FAA and could jeopardize the ability to receive future funding.

The majority cost for these DBE services is eligible to receive the federal 90% reimbursement if part of an approved grant. Staff is recommending to add these costs into the first reimbursement request associated with construction of the Above Ground Fuel Farm Project.

The City of Reedley must pay the initial cost for this work, but will be reimbursed.

The deadline to have the DBE report to the FAA is August 1, 2024 for the years of 2025, 2026, and 2027. The DBE annual achievement report is due to the FAA each December 1 for the project years in which a capital project reaches or exceeds a $250,000 threshold.

FISCAL IMPACT
The fees for C&S Companies which are associated with the Scope of Work to complete the DBE plan, establish goals and submit the annual report is $28,950 with a total of $23,044 eligible for the 90% federal reimbursement. The cost will be charged to the Above Ground Fuel Farm design account which has enough appropriations to cover the cost. Staff will request reimbursement for the qualifying portion at the time costs associated with the construction of the Above Ground Fuel Farm Project is submitted.

PRIOR COUNCIL ACTIONS
On April 9, 2024, the City Council approved five-year agreements with C&S Companies for airport consulting services.

ATTACHMENTS
C&S Companies Scope of Work Disadvantage Business Enterprise Administration Services Motion: ----- Second: -----

Reedley Municipal Airport
Scope Of Work
mSADVANTAGE BUSINESS ENTERPRISE ADMiNiSTRATION SERVICES Project Title:

Services Provided:
t1,foy 6, 2024

EXHIBIT A
Disadvantage Business Enterprise Administration
Administration Services
C®S

COMPANIES
C&S Engineers, Inc., (C&S) is pleased to submit the following Scope of Services that has been developed specifically for the City of Reedley (City) in meeting the Federal requirements of 49 CFR Part 26 Disadvantaged Business Enterprise Program at Reedley Municipal Airport.

The following scope of services will be conducted on a lump sum basis for a fee of $28,950.00 Additional scope and fee can be provided for additional services related to this project, as deemed necessary by the City.

C&S shall assist the City in the compliance of the Disadvantaged Business Enterprise Program as required by 49 CFR part 26. The specific items of work include the following:

Task 1 - Project Management
Fee: $ $1,834.00
C&S will administer the task order set up, invoicing and status updates.

Task 2 - Development of the Airports Disadvantage Business Enterprise Plan (AJP Reimbursable)
Fee: $10,275.00
C&S will assist the City in the development of their Disadvantage Business Enterprise (DBE) Plan per 49 CFR Part 26. An airport must have an FAA approved plan in place if they receive a cumulative total value of $250,000 or more in FAA funds in a federal fiscal year. The DBE Plan is your instruction manual that combines federal, state and the City's policies and procedures to implement and monitor DBE participation.

1. Establishing the plan will include:
a. C&S will conduct an initial awareness session, via teams, to review the requirements of the DBE program and outline the process.
b. Determine who should be a part of the DBE liaison's team. c. Develop proper monitoring procedures of DBE attainment including means of comparing attainments to commitments.
@ l;\/\NW.CSCOS.com ~ (315) 455-2000 B contactus@cscos com ® 499 Col. Eil een Colli ns Blvd. Syracuse NY 13212 Insert Mr·/Ms Last Name
Insert Da te

d. Ensure the proper prompt payment mechanisms are included in the plan per the City's . .J?._~IJ~Y.-__ ,.----·--- ----- -------------------- --·--------·----------------=,== --_ -- - . - __ -- .:·-~=--,·=-·-., ------ ----- - . ---.. _,_ ---- .-c-··-·=- ·=----·-- - e. Establish prompt payment dispute resolutions.
f. Establish contract clauses for prompt payment and retainage policies. g. Establish prompt payment complaint procedures and enforcement mechanisms. h. Develop a documented procedure for review of prime and subcontracts for compliance.

1. Establish a small business element.
j. Develop means for recipients to meet overall goals.
k. Review good faith efforts.

I. C&S will coordinate with the City and prepare a draft plan for review. m. Once the City has reviewed the plan and provided feedback and final plan will be prepared for signature.
n. Once the Policy Statement is signed C&S will upload the Plan in the FAA Connect System for approval.

Deliverable: Disadvantage Business Enterprise Plan It is assumed that a draft plan will be submitted and up to two rounds of comments from the City will be incorporated into the final plan.

Task 3 - Establishment of Disadvantage Business Enterprise Triennial Goals (AIP Reimbursable)
Fee: $10,070.00 (add $2,699.00 if in person consultation is requested) Per 49 CFR Part 26, the City is required to establish DBE Triennial Goal Methodology based on your anticipated projects, trades within these projects, the market area, past participation. Development of the Triennial goals includes a public consultation to be conducted prior to submitting to the FAA for approval.

The process of the goal methodology will consist of:

1. Review the most current CIP for anticipated federal projects in the 2025, 2026 and 2027

2. Review each project for available trades and associated cost for each.

3. Research the CAL TRANS UCP directory to determine the amount of DBE's in each NAICS code

4. Research the Census Bureau to determine the total amount of firms in each NAICS code

5. Calculate DBE percentage for each trade, project and year

6. Calculate the overall weighted DBE availability for the 3 years

7. Review the last 5 years of DBE participation history and projects.

8. Make adjustments as required.

9. Determine breakout of Race Neutral vs Race Conscious goal.

10. Coordination and review of goals with the City.

11. Prepare public notice of goal to be posted on airports website.

12. Coordinate with the city on a time and date for the consultation.

13. Schedule consultation (in person or virtual)
@ www.cscos .com ~ (315) 455-2000 B [email protected] @ 499 Col. Eileen Collins Blvd . Syracuse NY 13212 Insert Mi"Ji\/ls Las t !\lame
Insert Date
Pag e 4
• The city will provide detailed project breakdowns with trades and associated cost for each anticipated project.
• The City will provide past history of DBE participation (if any) • The City will provide C&S a list of minority organizations they wish to invite to the consultation. • The City will provide a copy of the signed MOU to be included in the DBE plan. • The City will provide a current organization chart showing the CEO and the DBE Liaison Officer • The City will provide all payments made to Primes, subs and DBE's to include dates and amounts of each payment.
• The City will provide C&S with all information on any awarded and closed grants needed to prepare reports.

Schedule:

Upon C&S's receipt of Notice to Proceed, time is of the essence. Triennial goals for Reedley Airport for federal fiscal years 2025, 2026 and 2027 are due to the FM by August 1, 2024. C&S will work with the City to establish the project schedule, which is anticipated to be completed within 1 year pending any corrections from the FAA. Note that the completed goal methodology is an attachment in the final DBE plan.

FAA Deadlines:

DBE Triennial Goals for GA Airports in Western Pacific are due August 1, 2024 for FY 2025, 2026 and 2027 DBE Plan is due ASAP and revised upon regulatory changes or changes at the airport that would affect DBE procedures.

DBE annual achievement Report is due each December 1.

Notes:

The US DOT announced the DBE Final Rule changes which take effect on May 9, 2024. FM will provide additional guidance in the coming months. Additional requirements will be required and are not included in this proposal.

The DBE plan and triennial goal methodology are eligible for AIP reimbursement as a line item on the next grant application after their completion.

END OF SCHEDULE
@ www.cscos.com ~ (315) 455-2000 B contactus@cscos com @ 499 Col. Ei leen Coll ins Blvd. Syracuse NY 13212 Insert Mt·/Ms. Last Name
Insert Date

14. Prepare power point presentation for consultation.

15. Send out invitations for consultation.

16. Conduct consultation and receive any feedback.

17. Incorporate any feedback into the methodology.

18. Prepare final Goal Methodology

19. Submit methodology to FAA for approval.

Deliverables: DBE Goal Methodology and Consultation
Task 4 - Monitoring of DBE Achievements
Fee: $1,572.00
Per 49 CFR Part 26.37, the City is required to maintain a running tally of achievements (e.g. actual payments made to DBE firms), including a means of comparing these attainments to commitments.

1. Develop proper monitoring procedures of DBE attainment.

2. Ensure monitoring procedures are in place for all Federal projects.

3. Establish spreadsheet to track payments.

4. Monitor monthly payments made by primes to subs.

5. Determine the actual DBE achievement of projects at any point.

Task 5 - Annual Uniform Achievement Report
Fee: $2,500.00
Per 49 CFR Part 26.11 The City will transmit to the FAA Office of Civil Rights, by December 1, the information required for the "Uniform Report of DBE Awards or Commitments and Payments" as described in Appendix B of Part 26.

1. Gather information on all awarded grants to include when the contract was awarded, prime and subcontract name and amounts and any anticipated DBE participation.

2. Gather information on all ongoing grants to include payments made to primes and DBE's

3. Gather information on all closed grants within the fiscal year to include final contract and payment amounts for all primes, subs and DBE's.

4. Complete the Uniform report

5. Input all DBE firms utilized in the fiscal year in the FAA Connect System

6. Obtain information on any DBE firms that were terminated and replaced, including good faith efforts used to replace the DBE firm.

7. Input all information into the FAA Connect System and submit for review.

8. Prepare a shortfall analysis as needed if goals were not met.

Assumptions:
• The City will grant C&S access to the FAA Civil Rights Connect System to upload documents • The City will provide current CIP.
@ www.cscos .com ~ (3 15) 455-2000 E::l [email protected] @ 499 Col. Eileen Coll ins Blvd. Syracuse NY 13212 Ct&S
COMPANIES®
PROJECT: 032 Civil Rights Administration
SERVICES: DBE Administration
CLIENT: City of Reedley
CLIENT LEAD: Ken Gethers

CONT PHASE
NO. NO. TASK
100 Project Management
101 DBE Plan
102 DBE Goals
103 DBE Monitoring
104 DBE Annual Achievement Report
Direct Expenses
600 Direct Expenses
C&S ENGINEERS, INC.

ARCHITECTURAL/ENGINEERING

WORK SUMMARY

SERV SR

GROUP MAN PROG PROG

MGR ENG ENG COOR COOR
14 2 70
4 60
12 15
6 171
Date: 5/15/24
Service Group Mgr:

Client Relations Manager:

GRANT
ADMIN
Project Manager: Lisa Howard
Project Number: H35 xxx xxx
ASSIST

GRANT DIRECT SERVICES BY

ADMIN COSTS OTHERS
5 10
5 $2,699.00
20 $2,699.00
TOTAL
HOURS

TOTALS PER TASK
$1 ,834.00 14
$10,275.00 77
$10,070.00 74
$1 ,572.00 12
$2,500.00 20
$2,699.00
$28,950.00 197
DATE: July 23, 2024

REEDLEY CITY COUNCIL
1:8'.] Consent
D Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: 6 ----
TITLE: ADOPT RESOLUTION NO. 2024-054 ADOPTING MASTER SALARY TABLES

UPDATING PAY RATES FOR EMPLOYEES IN THE GENERAL SERVICES UNIT SUBMITTED:

APPROVED: Nicole R. Zieba, City Manager

RECOMMENDATION
That the City Council adopt Resolution No. 2024-054 approving revised Master Salary Tables to reflect updated pay rates for full-time employees in the General Services Unit as negotiated in the successor Memorandum of Understanding (MOU) approved by the City Council on June 25, 2024. No other changes are proposed.

EXECUTIVE SUMMARY
On June 25, 2024, the City Council approved and authorized the City Manager to execute a two-year successor MOU with the General Services Unit (GSU), effective July 1, 2024, and ending June 30, 2026.

The approval was made possible by a vote of union members the day before. Due to the tight timeline for approval, the City's Master Salary Tables were not able to be updated to reflect the pay rates negotiated in the MOU.

BACKGROUND
The City and GSU are coming off a two-year MOU that ran from July 1, 2022 through June 30, 2024. The successor MOU will be in effect July 1, 2024 through June 30, 2026. All employees covered by the association will receive a 3.0% cost of living increase effective July 1st each year. Employees will also receive a 1.0% one-time non-pensionable stipend in July 2024. In addition, the successor MOU includes revisions to existing benefits and other language clarifications to align the MOU with current operational practices or State law, further detailed in the staff report dated June 25, 2024.

FISCAL IMPACT
The revised pay rates for GSU employees were already fully accounted for in the 2024-2025 fiscal year budget.

ATTACHMENTS
Resolution 2024-054 Adopting Master Salary Table
Exhibit A - Master Salary Table
RESOLUTION NO. 2024-054

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF REEDLEY ADOPTING MASTER SALARY TABLES

FOR ALL EMPLOYEES OF THE CITY OF REEDLEY
WHEREAS, Section 36506 of the Government Code of the State of California provides that the City Council shall, by Resolution or Ordinance, fix the compensation for aU appointive officers and employees; and
WHEREAS, the Master Salary Tables are attached as Exhibit 'A' to this Resolution has been reviewed and considered by the City Council;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Reedley as follows:

1. The Master Salary Tables attached hereto as Exhibit 'A' are hereby adopted.

2. All prior resolutions concerning compensation for City employees that are in conflict with this Resolution or the attached Master Salary Tables are hereby repealed, and this Resolution shall be effective July 1, 2024.

The foregoing Resolution was duly passed, approved, and adopted on the 23rd day of July, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Anita Betancourt, Mayor
ATTEST:

Ruthie Greenwood, City Clerk
EXHIBIT "A"
Salary Table
Unrepresented Positions

RANGE POSITION STEP A STEPS STEPC STEPD STEP E
37-U Recreation Site Lead Hourly $ 21.4298 $ 22.5014 $ 23.6264 $ 24.8077 $ 26.0481 Staff Assistant Bi-weekly $ 1,714 $ 1,800 $ 1,890 $ 1,985 $ 2,084 Monthly $ 3,715 $ 3,900 $ 4,095 $ 4,300 $ 4,515
Annual $ 44,574 $ 46,803 $ 49,143 $ 51,600 $ 54,180
38-U Accounting Technician I Hourly $ 21.9654 $ 23.0635 $ 24.2168 $ 25.4279 $ 26.6995 Bi-weekly $ 1,757 $ 1,845 $ 1,937 $ 2,034 $ 2,136
Monthly $ 3,807 $ 3,998 $ 4,198 $ 4,408 $ 4,628
Annual $ 45,688 $ 47,972 $ 50,371 $ 52,890 $ 55,535
39-U Hourly $ 22.5144 $ 23.6404 $ 24.8226 $ 26.0639 $ 27.3673 Bi-weekly $ 1,801 $ 1,891 $ 1,986 $ 2,085 $ 2,189
Monthly $ 3,903 $ 4,098 $ 4,303 $ 4,518 $ 4,744
Annual $ 46,830 $ 49,172 $ 51,631 $ 54,213 $ 56,924
40-U Hourly $ 23.0774 $ 24.2313 $ 25.4428 $ 26.7149 $ 28.0505 Bi-weekly $ 1,846 $ 1,939 $ 2,035 $ 2,137 $ 2,244
Monthly $ 4,000 $ 4,200 $ 4,410 $ 4,631 $ 4,862
Annual $ 48,001 $ 50,401 $ 52,921 $ 55,567 $ 58,345
41-U Recreation Coordinator (FLSA Exempt) Hourly $ 23.6543 $ 24.8370 $ 26.0788 $ 27.3827 $ 28.7519 Facilities Coordinator (FLSA Exempt) Bi-weekly $ 1,892 $ 1,987 $ 2,086 $ 2,191 $ 2,300 Senior Citizens Coordinator (FLSA Exempt) Monthly $ 4,100 $ 4,305 $ 4,520 $ 4,746 $ 4,984 Annual $ 49,201 $ 51,661 $ 54,244 $ 56,956 $ 59,804
42-U Accounting Technician II Hourly $ 24.2457 $ 25.4582 $ 26.7313 $ 28.0678 $ 29.4712 Administrative Assistant Bi-weekly $ 1,940 $ 2,037 $ 2,139 $ 2,245 $ 2,358 Human Resources Technician Monthly $ 4,203 $ 4,413 $ 4,633 $ 4,865 $ 5,108 Annual $ 50,431 $ 52,953 $ 55,601 $ 58,381 $ 61,300
43-U CAD Technician Hourly $ 24.8519 $ 26.0947 $ 27.3995 $ 28.7697 $ 30.2082 Bi-weekly $ 1,988 $ 2,088 $ 2,192 $ 2,302 $ 2,417
Monthly $ 4,308 $ 4,523 $ 4,749 $ 4,987 $ 5,236
Annual $ 51,692 $ 54,277 $ 56,991 $ 59,841 $ 62,833
44-U Building Permit Technician Hourly $ 25.4731 $ 26.7466 $ 28.0841 $ 29.4885 $ 30.9630 Bi-weekly $ 2,038 $ 2,140 $ 2,247 $ 2,359 $ 2,477
Monthly $ 4,415 $ 4,636 $ 4,868 $ 5,111 $ 5,367
Annual $ 52,984 $ 55,633 $ 58,415 $ 61,336 $ 64,403
EXHIBIT "A"
Salary Table
Unrepresented Positions

RANGE POSITION STEP A STEP B STEPC STEP D STEPE
45-U Life Safety / Code Officer Hourly $ 26.1101 $ 27.4154 $ 28.7861 $ 30.2255 $ 31.7365 Bi-weekly $ 2,089 $ 2,193 $ 2,303 $ 2,418 $ 2,539
Monthly $ 4,526 $ 4,752 $ 4,990 $ 5,239 $ 5,501
Annual $ 54,309 $ 57,024 $ 59,875 $ 62,869 $ 66,012
46-U Community Development Technician Hourly $ 26.7630 $ 28.1010 $ 29.5063 $ 30.9817 $ 32.5308 Bi-weekly $ 2,141 $ 2,248 $ 2,361 $ 2,479 $ 2,602
Monthly $ 4,639 $ 4,871 $ 5,114 $ 5,370 $ 5,639
Annual $ 55,667 $ 58,450 $ 61,373 $ 64,442 $ 67,664
47-U Hourly $ 27.4322 $ 28.8038 $ 30.2442 $ 31.7563 $ 33.3442 Bi-weekly $ 2,195 $ 2,304 $ 2,420 $ 2,541 $ 2,668
Monthly $ 4,755 $ 4,993 $ 5,242 $ 5,504 $ 5,780
Annual $ 57,059 $ 59,912 $ 62,908 $ 66,053 $ 69,356
48-U Hourly $ 28.1178 $ 29.5236 $ 30.9995 $ 32.5495 $ 34.1769 Bi-weekly $ 2,249 $ 2,362 $ 2,480 $ 2,604 $ 2,734
Monthly $ 4,874 $ 5,117 $ 5,373 $ 5,642 $ 5,924
Annual $ 58,485 $ 61,409 $ 64,479 $ 67,703 $ 71,088
49-U Engineering Technician Hourly $ 28.8207 $ 30.2615 $ 31.7745 $ 33.3635 $ 35.0317 Building Inspector I Bi-weekly $ 2,306 $ 2,421 $ 2,542 $ 2,669 $ 2,803 Executive Assistant/ Deputy City Clerk (FLSA Exempt) Monthly $ 4,996 $ 5,245 $ 5,508 $ 5,783 $ 6,072 Senior Life Safety/ Code Officer Annual $ 59,947 $ 62,944 $ 66,091 $ 69,396 $ 72,866 50-U Hourly $ 29.5413 $ 31.0183 $ 32.5692 $ 34.1976 $ 35.9077 Bi-weekly $ 2,363 $ 2,481 $ 2,606 $ 2,736 $ 2,873
Monthly $ 5,121 $ 5,377 $ 5,645 $ 5,928 $ 6,224
Annual $ 61,446 $ 64,518 $ 67,744 $ 71,131 $ 74,688
51-U Accountant (FLSA Exempt) Hourly $ 30.2798 $ 31.7938 $ 33.3837 $ 35.0529 $ 36.8058 Assistant Planner (FLSA Exempt) Bi-weekly $ 2,422 $ 2,544 $ 2,671 $ 2,804 $ 2,944 Facilities Supervisor (FLSA Exempt) Monthly $ 5,249 $ 5,511 $ 5,787 $ 6,076 $ 6,380 Human Resources Analyst (FLSA Exempt) Annual $ 62,982 $ 66,131 $ 69,438 $ 72,910 $ 76,556 Management Analyst (FLSA Exempt)
52-U Hourly $ 31.0370 $ 32.5889 $ 34.2183 $ 35.9293 $ 37.7260 Bi-weekly $ 2,483 $ 2,607 $ 2,737 $ 2,874 $ 3,018
Monthly $ 5,380 $ 5,649 $ 5,931 $ 6,228 $ 6,539
Annual $ 64,557 $ 67,785 $ 71,174 $ 74,733 $ 78,470
EXHIBIT "A"
Salary Table
Unrepresented Positions

RANGE POSITION STEP A STEPB STEPC STEP D STEP E
53-U Building Inspector II Hourly $ 31.8130 $ 33.4038 $ 35.0740 $ 36.8279 $ 38.6692 Bi-weekly $ 2,545 $ 2,672 $ 2,806 $ 2,946 $ 3,094
Monthly $ 5,514 $ 5,790 $ 6,080 $ 6,384 $ 6,703
Annual $ 66,171 $ 69,480 $ 72,954 $ 76,602 $ 80,432
54-U Fire Lieutenant (FLSA Exempt) Hourly $ 32.6082 $ 34.2385 $ 35.9505 $ 37.7481 $ 39.6356 Recreation Supervisor (FLSA Exempt) Bi-weekly $ 2,609 $ 2,739 $ 2,876 $ 3,020 $ 3,171 Police Support Services Supervisor (FLSA Exempt) Monthly $ 5,652 $ 5,935 $ 6,231 $ 6,543 $ 6,870 Annual $ 67,825 $ 71,216 $ 74,777 $ 78,516 $ 82,442
55-U Engineering Assistant Hourly $ 33.4236 $ 35.0947 $ 36.8495 $ 38.6918 $ 40.6264 Bi-weekly $ 2,674 $ 2,808 $ 2,948 $ 3,095 $ 3,250
Monthly $ 5,793 $ 6,083 $ 6,387 $ 6,707 $ 7,042
Annual $ 69,521 $ 72,997 $ 76,647 $ 80,479 $ 84,503
56-U Hourly $ 34.2591 $ 35.9721 $ 37.7707 $ 39.6591 $ 41.6423 Bi-weekly $ 2,741 $ 2,878 $ 3,022 $ 3,173 $ 3,331
Monthly $ 5,938 $ 6,235 $ 6,547 $ 6,874 $ 7,218
Annual $ 71,259 $ 74,822 $ 78,563 $ 82,491 $ 86,616
57-U Associate Planner (FLSA Exempt) Hourly $ 35.1154 $ 36.8712 $ 38.7149 $ 40.6505 $ 42.6832 Senior Building Inspector Bi-weekly $ 2,809 $ 2,950 $ 3,097 $ 3,252 $ 3,415 City Clerk (FLSA Exempt) Monthly $ 6,087 $ 6,391 $ 6,711 $ 7,046 $ 7,398 Senior Management Analyst (FLSA Exempt) Annual $ 73,040 $ 76,692 $ 80,527 $ 84,553 $ 88,781 Senior Human Resources Analyst (FLSA Exempt)
58-U Hourly $ 35.9933 $ 37.7928 $ 39.6822 $ 41.6663 $ 43.7495 Bi-weekly $ 2,879 $ 3,023 $ 3,175 $ 3,333 $ 3,500
Monthly $ 6,239 $ 6,551 $ 6,878 $ 7,222 $ 7,583
Annual $ 74,866 $ 78,609 $ 82,539 $ 86,666 $ 90,999
59-U Hourly $ 36.8933 $ 38.7380 $ 40.6750 $ 42.7087 $ 44.8442 Bi-weekly $ 2,951 $ 3,099 $ 3,254 $ 3,417 $ 3,588
Monthly $ 6,395 $ 6,715 $ 7,050 $ 7,403 $ 7,773
Annual $ 76,738 $ 80,575 $ 84,604 $ 88,834 $ 93,276
60-U Hourly $ 37.8154 $ 39.7063 $ 41.6913 $ 43.7760 $ 45.9649 Bi-weekly $ 3,025 $ 3,177 $ 3,335 $ 3,502 $ 3,677
Monthly $ 6,555 $ 6,882 $ 7,227 $ 7,588 $ 7,967
Annual $ 78,656 $ 82,589 $ 86,718 $ 91,054 $ 95,607
EXHIBIT "A"
Salary Table
Unrepresented Positions

RANGE POSITION STEP A STEP B STEPC STEP D STEP E
61-U Senior Engineering Assistant (FLSA Exempt) Hourly $ 38.7606 $ 40.6986 $ 42.7337 $ 44.8702 $ 47.1139 Senior Accountant (FLSA Exempt) Bi-weekly $ 3,101 $ 3,256 $ 3,419 $ 3,590 $ 3,769 Monthly $ 6,719 $ 7,054 $ 7,407 $ 7,778 $ 8,166
Annual $ 80,622 $ 84,653 $ 88,886 $ 93,330 $ 97,997
62-U Senior Planner (FLSA Exempt) Hourly $ 39.7298 $ 41.7163 $ 43.8024 $ 45.9923 $ 48.2918 City Clerk/ Executive Assistant (FLSA Exempt) Bi-weekly $ 3,178 $ 3,337 $ 3,504 $ 3,679 $ 3,863 Monthly $ 6,887 $ 7,231 $ 7,592 $ 7,972 $ 8,371
Annual $ 82,638 $ 86,770 $ 91,109 $ 95,664 $ 100,447
63-U Hourly $ 40.7231 $ 42.7591 $ 44.8971 $ 47.1418 $ 49.4990 Bi-weekly $ 3,258 $ 3,421 $ 3,592 $ 3,771 $ 3,960
Monthly $ 7,059 $ 7,412 $ 7,782 $ 8,171 $ 8,580
Annual $ 84,704 $ 88,939 $ 93,386 $ 98,055 $ 102,958
64-U Assistant Engineer (FLSA Exempt) Hourly $ 41.7413 $ 43.8284 $ 46.0197 $ 48.3207 $ 50.7365 Assistant Water System Supervisor (FLSA Exempt) Bi-weekly $ 3,339 $ 3,506 $ 3,682 $ 3,866 $ 4,059 Assistant Wastewater System Supervisor (FLSA Exempt) Monthly $ 7,235 $ 7,597 $ 7,977 $ 8,376 $ 8,794 Capital Projects / Airport Manager (FLSA Exempt) Annual $ 86,822 $ 91,163 $ 95,721 $ 100,507 $ 105,532 City Building Official (FLSA Exempt)
Public Works Manager (FLSA Exempt)
65-U Hourly $ 42.7851 $ 44.9245 $ 47.1707 $ 49.5293 $ 52.0058 Bi-weekly $ 3,423 $ 3,594 $ 3,774 $ 3,962 $ 4,160
Monthly $ 7,416 $ 7,787 $ 8,176 $ 8,585 $ 9,014
Annual $ 88,993 $ 93,443 $ 98,115 $ 103,021 $ 108,172
66-U Fire Battalion Chief (FLSA Exempt) Hourly $ 43.8548 $ 46.0476 $ 48.3500 $ 50.7673 $ 53.3058 Bi-weekly $ 3,508 $ 3,684 $ 3,868 $ 4,061 $ 4,264
Monthly $ 7,602 $ 7,982 $ 8,381 $ 8,800 $ 9,240
Annual $ 91,218 $ 95,779 $ 100,568 $ 105,596 $ 110,876
67-U Roads & Grounds Supervisor (FLSA Exempt) Hourly $ 44.9510 $ 47.1986 $ 49.5587 $ 52.0365 $ 54.6385 Water System Supervisor (FLSA Exempt) Bi-weekly $ 3,596 $ 3,776 $ 3,965 $ 4,163 $ 4,371 Wastewater System Supervisor (FLSA Exempt) Monthly $ 7,792 $ 8,181 $ 8,590 $ 9,020 $ 9,471 Annual $ 93,498 $ 98,173 $ 103,082 $ 108,236 $ 113,648
68-U Human Resources Manager (FLSA Exempt) Hourly $ 46.0745 $ 48.3784 $ 50.7971 $ 53.3370 $ 56.0038 City Planner (FLSA Exempt) Bi-weekly $ 3,686 $ 3,870 $ 4,064 $ 4,267 $ 4,480 Monthly $ 7,986 $ 8,386 $ 8,805 $ 9,245 $ 9,707
Annual $ 95,835 $ 100,627 $ 105,658 $ 110,941 $ 116,488 EXHIBIT "A"
Salary Table
Unrepresented Positions

RANGE POSITION STEP A STEPB STEPC STEPD STEP E
69-U Hourly $ 47.2264 $ 49.5880 $ 52.0673 $ 54.6707 $ 57.4043 Bi-weekly $ 3,778 $ 3,967 $ 4,165 $ 4,374 $ 4,592
Monthly $ 8,186 $ 8,595 $ 9,025 $ 9,476 $ 9,950
Annual $ 98,231 $ 103,143 $ 108,300 $ 113,715 $ 119,401 70-U Accounting Manager (FLSA Exempt) Hourly $ 48.4072 $ 50.8274 $ 53.3688 $ 56.0370 $ 58.8389 Associate Engineer (FLSA Exempt) Bi-weekly $ 3,873 $ 4,066 $ 4,270 $ 4,483 $ 4,707 Monthly $ 8,391 $ 8,810 $ 9,251 $ 9,713 $ 10,199
Annual $ 100,687 $ 105,721 $ 111,007 $ 116,557 $ 122,385 71-U Police Lieutenant (FLSA Exempt) Hourly $ 49.6173 $ 52.0981 $ 54.7029 $ 57.4380 $ 60.3101 Bi-weekly $ 3,969 $ 4,168 $ 4,376 $ 4,595 $ 4,825
Monthly $ 8,600 $ 9,030 $ 9,482 $ 9,956 $ 10,454
Annual $ 103,204 $ 108,364 $ 113,782 $ 119,471 $ 125,445 72-U Hourly $ 50.8577 $ 53.4005 $ 56.0707 $ 58.8740 $ 61.8178 Bi-weekly $ 4,069 $ 4,272 $ 4,486 $ 4,710 $ 4,945
Monthly $ 8,815 $ 9,256 $ 9,719 $ 10,205 $ 10,715
Annual $ 105,784 $ 111,073 $ 116,627 $ 122,458 $ 128,581 73-U City Engineer (Division Head FLSA Exempt) Hourly $ 52.1293 $ 54.7356 $ 57.4726 $ 60.3462 $ 63.3635 Bi-weekly $ 4,170 $ 4,379 $ 4,598 $ 4,828 $ 5,069
Monthly $ 9,036 $ 9,488 $ 9,962 $ 10,460 $ 10,983
Annual $ 108,429 $ 113,850 $ 119,543 $ 125,520 $ 131,796 74-U Fire Chief (FLSA Exempt) Hourly $ 53.4327 $ 56.1043 $ 58.9096 $ 61.8553 $ 64.9481 Bi-weekly $ 4,275 $ 4,488 $ 4,713 $ 4,948 $ 5,196
Monthly $ 9,262 $ 9,725 $ 10,211 $ 10,722 $ 11,258
Annual $111,140 $ 116,697 $ 122,532 $ 128,659 $ 135,092 75-U Community Services Director (FLSA Exempt) Hourly $ 54.7688 $ 57.5072 $ 60.3827 $ 63.4019 $ 66.5721 Bi-weekly $ 4,382 $ 4,601 $ 4,831 $ 5,072 $ 5,326
Monthly $ 9,493 $ 9,968 $ 10,466 $ 10,990 $ 11,539
Annual $ 113,919 $ 119,615 $ 125,596 $ 131,876 $ 138,470 76-U Hourly $ 56.1380 $ 58.9447 $ 61 .8918 $ 64.9865 $ 68.2361 Bi-weekly $ 4,491 $ 4,716 $ 4,951 $ 5,199 $ 5,459
Monthly $ 9,731 $ 10,217 $ 10,728 $ 11,264 $ 11,828
Annual $ 116,767 $ 122,605 $ 128,735 $ 135,172 $ 141 ,931 EXHIBIT "A"
Salary Table
Unrepresented Positions

RANGE POSITION STEP A STEPB STEP C STEPD STEP E
77-U Hourly $ 57.5413 $ 60.4183 $ 63.4394 $ 66.6115 $ 69.9423 Bi-weekly $ 4,603 $ 4,833 $ 5,075 $ 5,329 $ 5,595
Monthly $ 9,974 $ 10,473 $ 10,996 $ 11,546 $ 12,123
Annual $ 119,686 $ 125,670 $ 131,954 $ 138,552 $ 145,480 78-U Hourly $ 58.9798 $ 61.9288 $ 65.0255 $ 68.2769 $ 71.6909 Bi-weekly $ 4,718 $ 4,954 $ 5,202 $ 5,462 $ 5,735
Monthly $ 10,223 $ 10,734 $ 11,271 $ 11,835 $ 12,426
Annual $ 122,678 $ 128,812 $ 135,253 $ 142,016 $ 149,117 79-U Hourly $ 60.4543 $ 63.4769 $ 66.6510 $ 69.9837 $ 73.4827 Bi-weekly $ 4,836 $ 5,078 $ 5,332 $ 5,599 $ 5,879
Monthly $ 10,479 $ 11,003 $ 11,553 $ 12,131 $ 12,737
Annual $ 125,745 $ 132,032 $ 138,634 $ 145,566 $ 152,844 80-U Hourly $ 61.9659 $ 65.0639 $ 68.3173 $ 71.7332 $ 75.3197 Bi-weekly $ 4,957 $ 5,205 $ 5,465 $ 5,739 $ 6,026
Monthly $ 10,741 $ 11,278 $ 11,842 $ 12,434 $ 13,055
Annual $ 128,889 $ 135,333 $ 142,100 $ 149,205 $ 156,665 81-U Director of Finance & Administrative Services (FLSA Exempt) Hourly $ 63.5149 $ 66.6909 $ 70.0255 $ 73.5269 $ 77.2034 Public Works Director (FLSA Exempt) Bi-weekly $ 5,081 $ 5,335 $ 5,602 $ 5,882 $ 6,176 Community Development Director (FLSA Exempt) Monthly $ 11,009 $ 11,560 $ 12,138 $ 12,745 $ 13,382 City Engineer (Department Head FLSA Exempt) Annual $ 132,111 $ 138,717 $ 145,653 $ 152,936 $ 160,583 Police Chief (FLSA Exempt)
82-U Hourly $ 65.1029 $ 68.3582 $ 71 .7760 $ 75.3649 $ 79.1332 Bi-weekly $ 5,208 $ 5,469 $ 5,742 $ 6,029 $ 6,331
Monthly $ 11,285 $ 11,849 $ 12,441 .$ 13,063 $ 13,716
Annual $ 135,414 $ 142,185 $ 149,294 $ 156,759 $ 164,597 83-U Hourly $ 66.7303 $ 70.0668 $ 73.5702 $ 77.2486 $ 81.1111 Bi-weekly $ 5,338 $ 5,605 $ 5,886 $ 6,180 $ 6,489
Monthly $ 11,567 $ 12,145 $ 12,752 $ 13,390 $ 14,059
Annual $ 138,799 $ 145,739 $ 153,026 $ 160,677 $ 168,711 84-U Hourly $ 68.3986 $ 71.8183 $ 75.4091 $ 79.1798 $ 83.1389 Bi-weekly $ 5,472 $ 5,745 $ 6,033 $ 6,334 $ 6,651
Monthly $ 11 ,856 $ 12,449 $ 13,071 $ 13,725 $ 14,411
Annual $ 142,269 $ 149,382 $ 156,851 $ 164,694 $ 172,929 EXHIBIT "A"
Salary Table
Unrepresented Positions

RANGE POSITION STEP A STEP B STEPC STEPD STEP E
85-U Assistant City Manager (FLSA Exempt) Hourly $ 70.1087 $ 73.6139 $ 77.2947 $ 81.1596 $ 85.2178 Bi-weekly $ 5,609 $ 5,889 $ 6,184 $ 6,493 $ 6,817
Monthly $ 12,152 $ 12,760 $ 13,398 $ 14,068 $ 14,771
Annual $ 145,826 $ 153,117 $ 160,773 $ 168,812 $ 177,253 86-U Hourly $ 71.8615 $ 75.4548 $ 79.2274 $ 83.1889 $ 87.3486 Bi-weekly $ 5,749 $ 6,036 $ 6,338 $ 6,655 $ 6,988
Monthly $ 12,456 $ 13,079 $ 13,733 $ 14,419 $ 15,140
Annual $ 149,472 $ 156,946 $ 164,793 $ 173,033 $ 181,685 87-U Hourly $ 73.6582 $ 77.3409 $ 81.2077 $ 85.2683 $ 89.5317 Bi-weekly $ 5,893 $ 6,187 $ 6,497 $ 6,821 $ 7,163
Monthly $ 12,767 $ 13,406 $ 14,076 $ 14,780 $ 15,519
Annual $ 153,209 $ 160,869 $ 168,912 $ 177,358 $ 186,226 88-U Hourly $ 75.4995 $ 79.2745 $ 83.2385 $ 87.4005 $ 91.7707 Bi-weekly $ 6,040 $ 6,342 $ 6,659 $ 6,992 $ 7,342
Monthly $ 13,087 $ 13,741 $ 14,428 $ 15,149 $ 15,907
Annual $ 157,039 $ 164,891 $ 173,136 $ 181,793 $ 190,883 89-U Hourly $ 77.3870 $ 81.2563 $ 85.3192 $ 89.5851 $ 94.0644 Bi-weekly $ 6,191 $ 6,501 $ 6,826 $ 7,167 $ 7,525
Monthly $ 13,414 $ 14,084 $ 14,789 $ 15,528 $ 16,305
Annual $ 160,965 $ 169,013 $ 177,464 $ 186,337 $ 195,654 90-U Hourly $ 79.3216 $ 83.2875 $ 87.4519 $ 91.8245 $ 96.4159 Bi-weekly $ 6,346 $ 6,663 $ 6,996 $ 7,346 $ 7,713
Monthly $ 13,749 $ 14,437 $ 15,158 $ 15,916 $ 16,712
Annual $ 164,989 $ 173,238 $ 181,900 $ 190,995 $ 200,545 91 -U Hourly $ 81.3048 $ 85.3702 $ 89.6389 $ 94.1207 $ 98.8269 Bi-weekly $ 6,504 $ 6,830 $ 7,171 $ 7,530 $ 7,906
Monthly $ 14,093 $ 14,798 $ 15,537 $ 16,314 $ 17,130
Annual $ 169,114 $ 177,570 $ 186,449 $ 195,771 $ 205,560 92-U Hourly $ 83.3375 $ 87.5043 $ 91.8793 $ 96.4731 $ 101.2966 Bi-weekly $ 6,667 $ 7,000 $ 7,350 $ 7,718 $ 8,104
Monthly $ 14,445 $ 15,167 $ 15,926 $ 16,722 $ 17,558
Annual $ 173,342 $ 182,009 $ 191 ,109 $ 200,664 $ 210,697 EXHIBIT "A"
Salary Table
Unrepresented Positions

RANGE POSITION STEP A STEP B STEPC STEPD STEPE
93-U Hourly $ 85.4212 $ 89.6923 $ 94.1769 $ 98.8856 $ 103.8298 Bi-weekly $ 6,834 $ 7,175 $ 7,534 $ 7,911 $ 8,306
Monthly $ 14,806 $ 15,547 $ 16,324 $ 17,140 $ 17,997
Annual $ 177,676 $ 186,560 $ 195,888 $ 205,682 $ 215,966 94-U Hourly $ 87.5567 $ 91.9346 $ 96.5313 $ 101.3577 $ 106.4255 Bi-weekly $ 7,005 $ 7,355 $ 7,723 $ 8,109 $ 8,514
Monthly $ 15,177 $ 15,935 $ 16,732 $ 17,569 $ 18,447
Annual $ 182,118 $ 191,224 $ 200,785 $ 210,824 $ 221,365 CM-U City Manager (FLSA Exempt) Hourly $ 107.2875
Bi-weekly $ 8,583
Monthly $ 18,597
Annual $ 223,158
EXHIBIT "A"
Salary Table
Reedley Public Safety Association "RPOA"
Non-Sworn Positions

RANGE POSITION STEP A STEPB STEPC STEPD STEPE
36-P Police Records Specialist Hourly $ 21.2135 $ 22.2740 $ 23.3880 $ 24.5572 $ 25.7851 Bi-weekly $ 1,697 $ 1,782 $ 1,871 $ 1,965 $ 2,063
Monthly $ 3,677 $ 3,861 $ 4,054 $ 4,257 $ 4,469
Annual $ 44,124 $ 46,330 $ 48,647 $ 51,079 $ 53,633
37-P Community Services Officer Hourly $ 21.7438 $ 22.8308 $ 23.9721 $ 25.1707 $ 26.4293 Dispatcher I Bi-weekly $ 1,740 $ 1,826 $ 1,918 $ 2,014 $ 2,114 Monthly $ 3,769 $ 3,957 $ 4,155 $ 4,363 $ 4,581
Annual $ 45,227 $ 47,488 $ 49,862 $ 52,355 $ 54,973
38-P Senior Records Specialist Hourly $ 22.2875 $ 23.4019 $ 24.5721 $ 25.8010 $ 27.0909 Bi-weekly $ 1,783 $ 1,872 $ 1,966 $ 2,064 $ 2,167
Monthly $ 3,863 $ 4,056 $ 4,259 $ 4,472 $ 4,696
Annual $ 46,358 $ 48,676 $ 51,110 $ 53,666 $ 56,349
39-P Hourly $ 22.8447 $ 23.9870 $ 25.1865 $ 26.4457 $ 27.7678 Bi-weekly $ 1,828 $ 1,919 $ 2,015 $ 2,116 $ 2,221
Monthly $ 3,960 $ 4,158 $ 4,366 $ 4,584 $ 4,813
Annual $ 47,517 $ 49,893 $ 52,388 $ 55,007 $ 57,757
40-P Hourly $ 23.4159 $ 24.5865 $ 25.8159 $ 27.1067 $ 28.4620 Bi-weekly $ 1,873 $ 1,967 $ 2,065 $ 2,169 $ 2,277
Monthly $ 4,059 $ 4,262 $ 4,475 $ 4,699 $ 4,933
Annual $ 48,705 $ 51,140 $ 53,697 $ 56,382 $ 59,201
41-P Dispatcher II Hourly $ 24.0014 $ 25.2014 $ 26.4615 $ 27.7846 $ 29.1740 Senior Community Services Officer Bi-weekly $ 1,920 $ 2,016 $ 2,117 $ 2,223 $ 2,334 Animal Control Officer Monthly $ 4,160 $ 4,368 $ 4,587 $ 4,816 $ 5,057 Annual $ 49,923 $ 52,419 $ 55,040 $ 57,792 $ 60,682
42-P Hourly $ 24.6014 $ 25.8317 $ 27.1236 $ 28.4798 $ 29.9038 Bi-weekly $ 1,968 $ 2,067 $ 2,170 $ 2,278 $ 2,392
Monthly $ 4,264 $ 4,478 $ 4,701 $ 4,937 $ 5,183
Annual $ 51,171 $ 53,730 $ 56,417 $ 59,238 $ 62,200
43-P Hourly $ 25.2163 $ 26.4774 $ 27.8014 $ 29.1913 $ 30.6510 Bi-weekly $ 2,017 $ 2,118 $ 2,224 $ 2,335 $ 2,452
Monthly $ 4,371 $ 4,589 $ 4,819 $ 5,060 $ 5,313
Annual $ 52,450 $ 55,073 $ 57,827 $ 60,718 $ 63,754
EXHIBIT "A"
Salary Table
Reedley Public Safety Association "RPOA"
Non-Sworn Positions

RANGE POSITION STEPA STEP B STEPC STEPD STEPE
44-P Hourly $ 25.8466 $ 27.1389 $ 28.4957 $ 29.9207 $ 31.4168 Bi-weekly $ 2,068 $ 2,171 $ 2,280 $ 2,394 $ 2,513
Monthly $ 4,480 $ 4,704 $ 4,939 $ 5,186 $ 5,446
Annual $ 53,761 $ 56,449 $ 59,271 $ 62,235 $ 65,347
~ - 45-P Hourly $ 26.4928 $ 27.8173 $ 29.2082 $ 30.6688 $ 32.2024 Bi-weekly $ 2,119 $ 2,225 $ 2,337 $ 2,454 $ 2,576
Monthly $ 4,592 $ 4,822 $ 5,063 $ 5,316 $ 5,582
Annual $ 55,105 $ 57,860 $ 60,753 $ 63,791 $ 66,981
46-P Police Records & Com Supervisor Hourly $ 27.1553 $ 28.5130 $ 29.9385 $ 31.4356 $ 33.0072 Bi-weekly $ 2,172 $ 2,281 $ 2,395 $ 2,515 $ 2,641
Monthly $ 4,707 $ 4,942 $ 5,189 $ 5,449 $ 5,721
Annual $ 56,483 $ 59,307 $ 62,272 $ 65,386 $ 68,655
47-P Hourly $ 27.8341 $ 29.2260 $ 30.6875 $ 32.2221 $ 33.8332 Bi-weekly $ 2,227 $ 2,338 $ 2,455 $ 2,578 $ 2,707
Monthly $ 4,825 $ 5,066 $ 5,319 $ 5,585 $ 5,864
Annual $ 57,895 $ 60,790 $ 63,830 $ 67,022 $ 70,373
48-P Hourly $ 28.5298 $ 29.9563 $ 31.4538 $ 33.0264 $ 34.6779 Bi-weekly $ 2,282 $ 2,397 $ 2,516 $ 2,642 $ 2,774
Monthly $ 4,945 $ 5,192 $ 5,452 $ 5,725 $ 6,011
Annual $ 59,342 $ 62,309 $ 65,424 $ 68,695 $ 72,130
49-P Hourly $ 29.2433 $ 30.7053 $ 32.2404 $ 33.8524 $ 35.5452 Bi-weekly $ 2,339 $ 2,456 $ 2,579 $ 2,708 $ 2,844
Monthly $ 5,069 $ 5,322 $ 5,588 $ 5,868 $ 6,161
Annual $ 60,826 $ 63,867 $ 67,060 $ 70,413 $ 73,934
50-P Hourly $ 29.9745 $ 31.4731 $ 33.0466 $ 34.6990 $ 36.4341 Bi-weekly $ 2,398 $ 2,518 $ 2,644 $ 2,776 $ 2,915
Monthly $ 5,196 $ 5,455 $ 5,728 $ 6,015 $ 6,315
Annual $ 62,347 $ 65,464 $ 68,737 $ 72,174 $ 75,783
EXHIBIT "A"
Salary Table
Reedley Public Safety Association "RPOA"
Sworn Positions

RANGE POSITION STEPA STEPB STEPC STEPD STEPE
50-P Police Officer Hourly $ 30.4087 $ 31.9293 $ 33.5260 $ 35.2024 $ 36.9625 Bi-weekly $ 2,433 $ 2,554 $ 2,682 $ 2,816 $ 2,957
Monthly $ 5,271 $ 5,534 $ 5,811 $ 6,102 $ 6,407
Annual $ 63,250 $ 66,413 $ 69,734 $ 73,221 $ 76,882
51-P Hourly $ 31.1688 $ 32.7274 $ 34.3639 $ 36.0822 $ 37.8865 Bi-weekly $ 2,494 $ 2,618 $ 2,749 $ 2,887 $ 3,031
Monthly $ 5,403 $ 5,673 $ 5,956 $ 6,254 $ 6,567
Annual $ 64,831 $ 68,073 $ 71,477 $ 75,051 $ 78,804
52-P Senior Police Officer Hourly $ 31.9481 $ 33.5457 $ 35.2231 $ 36.9841 $ 38.8332 Bi-weekly $ 2,556 $ 2,684 $ 2,818 $ 2,959 $ 3,107
Monthly $ 5,538 $ 5,815 $ 6,105 $ 6,411 $ 6,731
Annual $ 66,452 $ 69,775 $ 73,264 $ 76,927 $ 80,773
53-P Hourly $ 32.7466 $ 34.3841 $ 36.1034 $ 37.9087 $ 39.8043 Bi-weekly $ 2,620 $ 2,751 $ 2,888 $ 3,033 $ 3,184
Monthly $ 5,676 $ 5,960 $ 6,258 $ 6,571 $ 6,899
Annual $ 68,113 $ 71,519 $ 75,095 $ 78,850 $ 82,793
54-P Hourly $ 33.5654 $ 35.2438 $ 37.0058 $ 38.8563 $ 40.7990 Bi-weekly $ 2,685 $ 2,820 $ 2,960 $ 3,109 $ 3,264
Monthly $ 5,818 $ 6,109 $ 6,414 $ 6,735 $ 7,072
Annual $ 69,816 $ 73,307 $ 76,972 $ 80,821 $ 84,862
55-P Hourly $ 34.4043 $ 36.1245 $ 37.9308 $ 39.8274 $ 41.8188 Bi-weekly $ 2,752 $ 2,890 $ 3,034 $ 3,186 $ 3,346
Monthly $ 5,963 $ 6,262 $ 6,575 $ 6,903 $ 7,249
Annual $ 71,561 $ 75,139 $ 78,896 $ 82,841 $ 86,983
56-P Hourly $ 35.2644 $ 37.0279 $ 38.8793 $ 40.8231 $ 42.8644 Bi-weekly $ 2,821 $ 2,962 $ 3,110 $ 3,266 $ 3,429
Monthly $ 6,113 $ 6,418 $ 6,739 $ 7,076 $ 7,430
Annual $ 73,350 $ 77,018 $ 80,869 $ 84,912 $ 89,158
57-P Hourly $ 36.1462 $ 37.9534 $ 39.8510 $ 41.8438 $ 43.9361 Bi-weekly $ 2,892 $ 3,036 $ 3,188 $ 3,348 $ 3,515
Monthly $ 6,265 $ 6,579 $ 6,908 $ 7,253 $ 7,616
Annual $ 75,184 $ 78,943 $ 82,890 $ 87,035 $ 91,387
EXHIBIT "A"
Salary Table
Reedley Public Safety Association "RPOA"
Sworn Positions

RANGE POSITION STEPA STEPB STEPC STEPD STEP E
58-P Hourly $ 37.0500 $ 38.9024 $ 40.8476 $ 42.8899 $ 45.0346 Bi-weekly $ 2,964 $ 3,112 $ 3,268 $ 3,431 $ 3,603
Monthly $ 6,422 $ 6,743 $ 7,080 $ 7,434 $ 7,806
Annual $ 77,064 $ 80,917 $ 84,963 $ 89,211 $ 93,672
59-P Police Sergeant Hourly $ 37.9764 $ 39.8755 $ 41.8692 $ 43.9625 $ 46.1606 Bi-weekly $ 3,038 $ 3,190 $ 3,350 $ 3,517 $ 3,693
Monthly $ 6,583 $ 6,912 $ 7,257 $ 7,620 $ 8,001
Annual $ 78,991 $ 82,941 $ 87,088 $ 91,442 $ 96,014
60-P Hourly $ 38.9260 $ 40.8721 $ 42.9159 $ 45.0615 $ 47.3144 Bi-weekly $ 3,114 $ 3,270 $ 3,433 $ 3,605 $ 3,785
Monthly $ 6,747 $ 7,085 $ 7,439 $ 7,811 $ 8,201
Annual $ 80,966 $ 85,014 $ 89,265 $ 93,728 $ 98,414
61 -P Senior Police Sergeant Hourly $ 39.8990 $ 41.8942 $ 43.9889 $ 46.1885 $ 48.4981 Bi-weekly $ 3,192 $ 3,352 $ 3,519 $ 3,695 $ 3,880
Monthly $ 6,916 $ 7,262 $ 7,625 $ 8,006 $ 8,406
Annual $ 82,990 $ 87,140 $ 91,497 $ 96,072 $ 100,876
EXHIBIT "A"
Salary Table
General Services Unit
RANGE POSITION STEP A STEP 8 STEPC STEPD STEP E
28-G Hourly $ 17.1308 $ 17.9875 $ 18.8870 $ 19.8313 $ 20.8226 Bi-weekly $ 1,370 $ 1,439 $ 1,511 $ 1,587 $ 1,666
Monthly $ 2,969 $ 3,118 $ 3,274 $ 3,437 $ 3,609
Annual $ 35,632 $ 37,414 $ 39,285 $ 41,249 $ 43,311
29-G Hourly $ 17.5591 $ 18.4370 $ 19.3591 $ 20.3269 $ 21.3433 Bi-weekly $ 1,405 $ 1,475 $ 1,549 $ 1,626 $ 1,707
Monthly $ 3,044 $ 3,196 $ 3,356 $ 3,523 $ 3,700
Annual $ 36,523 $ 38,349 $ 40,267 $ 42,280 $ 44,394
30-G Hourly $ 17.9981 $ 18.8981 $ 19.8433 $ 20.8351 $ 21.8769 Bi-weekly $ 1,440 $ 1,512 $ 1,587 $ 1,667 $ 1,750
Monthly $ 3,120 $ 3,276 $ 3,440 $ 3,611 $ 3,792
Annual $ 37,436 $ 39,308 $ 41,274 $ 43,337 $ 45,504
31-G Hourly $ 18.4481 $ 19.3707 $ 20.3394 $ 21.3558 $ 22.4240 Bi-weekly $ 1,476 $ 1,550 $ 1,627 $ 1,708 $ 1,794
Monthly $ 3,198 $ 3,358 $ 3,526 $ 3,702 $ 3,887
Annual $ 38,372 $ 40,291 $ 42,306 $ 44,420 $ 46,642
32-G Parks Maintenance Worker I Hourly $ 18.9091 $ 19.8548 $ 20.8481 $ 21.8899 $ 22.9846 Bi-weekly $ 1,513 $ 1,588 $ 1,668 $ 1,751 $ 1,839
Monthly $ 3,278 $ 3,442 $ 3,614 $ 3,794 $ 3,984
Annual $ 39,331 $ 41,298 $ 43,364 $ 45,531 $ 47,808
33-G Hourly $ 19.3817 $ 20.3510 $ 21.3692 $ 22.4370 $ 23.5591 Bi-weekly $ 1,551 $ 1,628 $ 1,710 $ 1,795 $ 1,885
Monthly $ 3,360 $ 3,528 $ 3,704 $ 3,889 $ 4,084
Annual $ 40,314 $ 42,330 $ 44,448 $ 46,669 $ 49,003
34-G Maintenance Worker I (Water, WWTP, Streets) Hourly $ 19.8663 $ 20.8596 $ 21.9034 $ 22.9981 $ 24.1481 Water System Utility Worker Bi-weekly $ 1,589 $ 1,669 $ 1,752 $ 1,840 $ 1,932 WWTP Maintenance Worker Monthly $ 3,444 $ 3,616 $ 3,797 $ 3,986 $ 4,186 Annual $ 41,322 $ 43,388 $ 45,559 $ 47,836 $ 50,228
35-G Hourly $ 20.3630 $ 21 .3813 $ 22.4510 $ 23.5731 $ 24.7519 Bi-weekly $ 1,629 $ 1,711 $ 1,796 $ 1,886 $ 1,980
Monthly $ 3,530 $ 3,706 $ 3,892 $ 4,086 $ 4,290
Annual $ 42,355 $ 44,473 $ 46,698 $ 49,032 $ 51,484
EXHIBIT "A"
Salary Table
General Services Unit

RANGE POSITION STEPA STEPB STEPC STEPD STEP E
36-G Parks Maintenance Worker II Hourly $ 20.8721 $ 21.9159 $ 23.0120 $ 24.1625 $ 25.3707 WWTP Operator Trainee Bi-weekly $ 1,670 $ 1,753 $ 1,841 $ 1,933 $ 2,030 Monthly $ 3,618 $ 3,799 $ 3,989 $ 4,188 $ 4,398
Annual $ 43,414 $ 45,585 $ 47,865 $ 50,258 $ 52,771
37-G Hourly $ 21.3938 $ 22.4639 $ 23.5875 $ 24.7663 $ 26.0048 Bi-weekly $ 1,712 $ 1,797 $ 1,887 $ 1,981 $ 2,080
Monthly $ 3,708 $ 3,894 $ 4,089 $ 4,293 $ 4,508
Annual $ 44,499 $ 46,725 $ 49,062 $ 51,514 $ 54,090
38-G Maintenance Worker II Hourly $ 21.9284 $ 23.0255 $ 24.1774 $ 25.3856 $ 26.6548 Bi-weekly $ 1,754 $ 1,842 $ 1,934 $ 2,031 $ 2,132
Monthly $ 3,801 $ 3,991 $ 4,191 $ 4,400 $ 4,620
Annual $ 45,611 $ 47,893 $ 50,289 $ 52,802 $ 55,442
39-G Hourly $ 22.4764 $ 23.6010 $ 24.7817 $ 26.0202 $ 27.3212 Bi-weekly $ 1,798 $ 1,888 $ 1,983 $ 2,082 $ 2,186
Monthly $ 3,896 $ 4,091 $ 4,296 $ 4,510 $ 4,736
Annual $ 46,751 $ 49,090 $ 51,546 $ 54,122 $ 56,828
40-G Senior Parks Maintenance Worker Hourly $ 23.0385 $ 24.1909 $ 25.4014 $ 26.6707 $ 28.0043 Water Systems Specialist I Bi-weekly $ 1,843 $ 1,935 $ 2,032 $ 2,134 $ 2,240 WWTP Operator I Monthly $ 3,993 $ 4,193 $ 4,403 $ 4,623 $ 4,854 WWTP Operator-In-Training I Lab Tech Trainee Annual $ 47,920 $ 50,317 $ 52,835 $ 55,475 $ 58,249 41-G Hourly $ 23.6144 $ 24.7957 $ 26.0365 $ 27.3375 $ 28.7043 Bi-weekly $ 1,889 $ 1,984 $ 2,083 $ 2,187 $ 2,296
Monthly $ 4,093 $ 4,298 $ 4,513 $ 4,739 $ 4,975
Annual $ 49,118 $ 51,575 $ 54,156 $ 56,862 $ 59,705
42-G Senior Maintenance Worker Hourly $ 24.2048 $ 25.4154 $ 26.6875 $ 28.0212 $ 29.4221 Sewer Collection System Maintenance Worker Bi-weekly $ 1,936 $ 2,033 $ 2,135 $ 2,242 $ 2,354 Monthly $ 4,196 $ 4,405 $ 4,626 $ 4,857 $ 5,100
Annual $ 50,346 $ 52,864 $ 55,510 $ 58,284 $ 61,198
43-G Hourly $ 24.8101 $ 26.0510 $ 27.3548 $ 28.7216 $ 30.1577 Bi-weekly $ 1,985 $ 2,084 $ 2,188 $ 2,298 $ 2,413
Monthly $ 4,300 $ 4,516 $ 4,742 $ 4,978 $ 5,227
Annual $ 51,605 $ 54,186 $ 56,898 $ 59,741 $ 62,728
EXHIBIT "A"
Salary Table
General Services Unit

RANGE POSITION STEP A STEPB STEPC STEPD STEPE
44-G Water Systems Specialist II Hourly $ 25.4303 $ 26.7024 $ 28.0385 $ 29.4399 $ 30.9115 WWTP Operator II Bi-weekly $ 2,034 $ 2,136 $ 2,243 $ 2,355 $ 2,473 WWTP Operator/ Lab Tech Monthly $ 4,408 $ 4,628 $ 4,860 $ 5,103 $ 5,358 Annual $ 52,895 $ 55,541 $ 58,320 $ 61,235 $ 64,296
45-G Equipment Mechanic Hourly $ 26.0659 $ 27.3702 $ 28.7394 $ 30.1760 $ 31.6841 Bi-weekly $ 2,085 $ 2,190 $ 2,299 $ 2,414 $ 2,535
Monthly $ 4,518 $ 4,744 $ 4,982 $ 5,231 $ 5,492
Annual $ 54,217 $ 56,930 $ 59,778 $ 62,766 $ 65,903
46-G Environmental Compliance Officer Hourly $ 26.7173 $ 28.0543 $ 29.4577 $ 30.9303 $ 32.4764 Senior Sewer Collection System Maintenance Worker Bi-weekly $ 2,137 $ 2,244 $ 2,357 $ 2,474 $ 2,598 Monthly $ 4,631 $ 4,863 $ 5,106 $ 5,361 $ 5,629
Annual $ 55,572 $ 58,353 $ 61,272 $ 64,335 $ 67,551
47-G Hourly $ 27.3851 $ 28.7558 $ 30.1942 $ 31.7034 $ 33.2885 Bi-weekly $ 2,191 $ 2,300 $ 2,416 $ 2,536 $ 2,663
Monthly $ 4,747 $ 4,984 $ 5,234 $ 5,495 $ 5,770
Annual $ 56,961 $ 59,812 $ 62,804 $ 65,943 $ 69,240
48-G Senior Water System Specialist Hourly $ 28.0697 $ 29.4745 $ 30.9490 $ 32.4962 $ 34.1207 WWTP Operator 11 / Lab Technician Bi-weekly $ 2,246 $ 2,358 $ 2,476 $ 2,600 $ 2,730 WWTP Operator Ill Monthly $ 4,865 $ 5,109 $ 5,365 $ 5,633 $ 5,914 Annual $ 58,385 $ 61,307 $ 64,374 $ 67,592 $ 70,971
49-G Heavy Equipment Mechanic Hourly $ 28.7716 $ 30.2115 $ 31.7226 $ 33.3087 $ 34.9736 Bi-weekly $ 2,302 $ 2,417 $ 2,538 $ 2,665 $ 2,798
Monthly $ 4,987 $ 5,237 $ 5,499 $ 5,774 $ 6,062
Annual $ 59,845 $ 62,840 $ 65,983 $ 69,282 $ 72,745
50-G Senior Environmental Compliance Officer Hourly $ 29.4909 $ 30.9668 $ 32.5159 $ 34.1413 $ 35.8481 Bi-weekly $ 2,359 $ 2,477 $ 2,601 $ 2,731 $ 2,868
Monthly $ 5,112 $ 5,368 $ 5,636 $ 5,918 $ 6,214
Annual $ 61,341 $ 64,411 $ 67,633 $ 71,014 $ 74,564
51-G Hourly $ 30.2284 $ 31.7409 $ 33.3288 $ 34.9947 $ 36.7442 Bi-weekly $ 2,418 $ 2,539 $ 2,666 $ 2,800 $ 2,940
Monthly $ 5,240 $ 5,502 $ 5,777 $ 6,066 $ 6,369
Annual $ 62,875 $ 66,021 $ 69,324 $ 72,789 $ 76,428
EXHIBIT "A"
Salary Table
General Services Unit

RANGE POSITION STEPA STEPS STEPC STEPD STEPE
52-G Electrician Hourly $ 30.9841 $ 32.5346 $ 34.1620 $ 35.8697 $ 37.6630 Bi-weekly $ 2,479 $ 2,603 $ 2,733 $ 2,870 $ 3,013
Monthly $ 5,371 $ 5,639 $ 5,921 $ 6,217 $ 6,528
Annual $ 64,447 $ 67,672 $ 71,057 $ 74,609 $ 78,339
53-G Hourly $ 31.7587 $ 33.3481 $ 35.0159 $ 36.7663 $ 38.6043 Bi-weekly $ 2,541 $ 2,668 $ 2,801 $ 2,941 $ 3,088
Monthly $ 5,505 $ 5,780 $ 6,069 $ 6,373 $ 6,691
Annual $ 66,058 $ 69,364 $ 72,833 $ 76,474 $ 80,297
54-G Hourly $ 32.5524 $ 34.1817 $ 35.8913 $ 37.6856 $ 39.5692 Bi-weekly $ 2,604 $ 2,735 $ 2,871 $ 3,015 $ 3,166
Monthly $ 5,642 $ 5,925 $ 6,221 $ 6,532 $ 6,859
Annual $ 67,709 $ 71,098 $ 74,654 $ 78,386 $ 82,304
55-G Hourly $ 33.3663 $ 35.0361 $ 36.7885 $ 38.6279 $ 40.5587 Bi-weekly $ 2,669 $ 2,803 $ 2,943 $ 3,090 $ 3,245
Monthly $ 5,784 $ 6,073 $ 6,377 $ 6,696 $ 7,030
Annual $ 69,402 $ 72,875 $ 76,520 $ 80,346 $ 84,362
56-G Electrician II Hourly $ 34.2005 $ 35.9120 $ 37.7082 $ 39.5938 $ 41.5726 Bi-weekly $ 2,736 $ 2,873 $ 3,017 $ 3,168 $ 3,326
Monthly $ 5,928 $ 6,225 $ 6,536 $ 6,863 $ 7,206
Annual $ 71,137 $ 74,697 $ 78,433 $ 82,355 $ 86,471
57-G Hourly $ 35.0553 $ 36.8096 $ 38.6510 $ 40.5837 $ 42.6120 Bi-weekly $ 2,804 $ 2,945 $ 3,092 $ 3,247 $ 3,409
Monthly $ 6,076 $ 6,380 $ 6,700 $ 7,035 $ 7,386
Annual $ 72,915 $ 76,564 $ 80,394 $ 84,414 $ 88,633
58-G Hourly $ 35.9317 $ 37.7298 $ 39.6173 $ 41.5981 $ 43.6774 Bi-weekly $ 2,875 $ 3,018 $ 3,169 $ 3,328 $ 3,494
Monthly $ 6,228 $ 6,540 $ 6,867 $ 7,210 $ 7,571
Annual $ 74,738 $ 78,478 $ 82,404 $ 86,524 $ 90,849
59-G Hourly $ 36.8298 $ 38.6731 $ 40.6077 $ 42.6380 $ 44.7692 Bi-weekly $ 2,946 $ 3,094 $ 3,249 $ 3,411 $ 3,582
Monthly $ 6,384 $ 6,703 $ 7,039 $ 7,391 $ 7,760
Annual $ 76,606 $ 80,440 $ 84,464 $ 88,687 $ 93,120
EXHIBIT "A"
Salary Table
General Services Unit

RANGE POSITION STEPA STEPB STEPC STEPD STEP E
60-G Electrician Ill Hourly $ 37.7505 $ 39.6399 $ 41.6231 $ 43.7038 $ 45.8885 Bi-weekly $ 3,020 $ 3,171 $ 3,330 $ 3,496 $ 3,671
Monthly $ 6,543 $ 6,871 $ 7,215 $ 7,575 $ 7,954
Annual $ 78,521 $ 82,451 $ 86,576 $ 90,904 $ 95,448
EXHIBIT "A"
Salary Table
Part-Time Employees
DEPT POSITION PAY FREQUENCY~ PAY RANGE~ SPECIAL TERMS
Elected Officials
Council Council member Monthly Stipend $ 150.00
Community Services - Adult Sports Programs
CSD Adult Sports Field/ Court Monitor Hourly $ 16.00 Range Depending Upon Qualification $ 20.00 CSD Adult Sports Scorekeeper Hourly $ 16.00 Range Depending Upon Qualification $ 20.00 CSD Adult Sports Umpire/ Referees (Paid Per Game) . Per Game $ 20.00 Range Depending Upon Qualification $ 45.00 Community Services - Aquatics Programs
CSD Aquatics Lead Guard Hourly $ 16.00 Range Depending Upon Qualifications $ 19.00 CSD Aquatics Lifeguard Hourly $ 16.00 Range Depending Upon Qualifications $ 19.00 CSD Aquatics Senior Guard Hourly $ 16.00 Range Depending Upon Qualifications $ 20.00 CSD Aquatics Manager Hourly $ 16.00 Range Depending Upon Qualifications $ 22.00 Community Services - Enrichment Programs
CSD Enrichment Recreation Leader Hourly $ 16.00 Range Depending Upon Qualifications $ 19.00 CSD Enrichment Site Coordinator Hourly $ 16.00 Range Depending Upon Qualifications $ 19.00 CSD Program Instructor Program 70% of Program Revenue (i.e.Tumblinglnstruclor, Dancelnstructor,etc.) CSD Tiny Tots Recreation Leader Hourly $ 16.00 Range Depending Upon Qualifications $ 19.00 CSD Recreation Assistant Hourly $ 16.00 Range Depending Upon Qualification $ 19.00 Community Services - Expanded Learning Programs
CSD Expanded Learning Assistant Site Coordinator Hourly $ 16.00 Range Depending Upon Qualifications $ 24.00 CSD Expanded Learning Program Instructor Hourly $ 20.00 Range Depending Upon Qualifications $ 50.00 CSD Expanded Learning Recreation Leader Hourly $ 16.00 Range Depending Upon Qualifications $ 22.00 Community Services - Preschool Program
CSD Preschool Teacher Hourly $ 16.00 Range Depending Upon Qualifications $ 22.00 CSD Preschool Teachers Aide Hourly $ 16.00 Range Depending Upon Qualifications $ 19.00 Community Services - Youth Sports Programs
CSD Youth Sports Field/ Court Monitor Hourly $ 16.00 Range Depending Upon Qualifications $ 19.00 CSD Youth Sports Scorekeeper Hourly $ 16.00 Range Depending Upon Qualifications $ 19.00 CSD Youth Sports Umpire/ Referees (Paid Per Game) Hourly $ 16.00 Range Depending Upon Qualifications $ 19.00 Community Services - Other Part-Time Positions
CSD Community Center Event Coordinator Hourly $ 16.00 Range Depending Upon Qualifications $ 19.00 CSD River Cashier Hourly $ 16.00 Range Depending Upon Qualifications $ 20.00 EXHIBIT "A"
Salary Table
Part-Time Employees

DEPT POSITION PAY FREQUENCY- PAY RANGE- SPECIAL TERMS
Fire Department - Part-Time Positions
Fire Assistant Life Safety/ Code Officer Hourly $ 16.00 Range Depending Upon Qualification $ 21.00 Police Department - Part-Time Reserve Positions
Police Contract Reserve Officer (40 hours per week) Hourly $ 30.41 Range Depending Upon Qualifications $ 35.00 Police Reserve Officer Hourly $ 25.00 Range Depending Upon Qualifications $ 35.00 Police Reserve Community Service Officer Hourly $ 16.50 Range Depending Upon Qualifications $ 25.00 Police Reserve Dispatcher Hourly $ 25.00 Range Depending Upon Qualification $ 35.00 Part-Time Positions in Multiple Departments
All Dept's Office Assistant Hourly $ 16.00 Range Depending Upon Qualifications $ 21.00 All Dept's Laborer Hourly $ 16.00 Range Depending Upon Qualification $ 21.00 Public Works - Part-Time Positions
Public Works Equipment Operator Hourly $ 17.00 Range Depending Upon Qualification $ 24.00 Public Works Mechanic Assistant Hourly $ 16.00 Range Depending Upon Qualification $ 20.00 Part-Time Retired Annuitants
All Dept's CalPERS Retired Annuitants (TBD by Job Duties) Hourly $ 16.00 Range Depending Upon Qualifications $ 26.00 DATE:

TITLE:

SUBMITTED:

APPROVED:

July 23, 2024

REEDLEY CITY COUNCIL
[8J Consent
D Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: b ----
ADOPT RESOLUTION NO. 2024-056 APPROVING AND ACCEPTING THE FISCAL YEAR 2024-2025 CLAIMS FOR MEASURE C LOCAL TRANSPORTATION FUNDS

FROM THE FRESNO COUNTY TRANSPORTATION AUTHORITY
Marilu S. Morales, P.E._ \ \ \
City Engineer ..._}I\.Y'
Nicole R. Zieba i A . /
City Manager Vo/

RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 2024-056 approving and accepting the City of Reedley annual claims for Measure C Extension Local Agency Pass-Through Transportation Funds for Fiscal Year (FY) 2024-2025 and authorizing the City Engineer to sign and submit each subprogram claim to the Fresno County Transportation Authority.

EXECUTIVE SUMMARY
At its June 12, 2024, board meeting the Fresno County Transportation Authority (FCTA) approved the City of Reedley apportionment for the FY 2024-2025 Measure C Extension anticipated revenues as shown in the attached certification and claim forms for each of the eligible subprograms under the Measure C Extension.

The City of Reedley's apportionment for FY 2024-2025 is $909,306 based upon a formula calculation using the City's 2024 population estimates per the California Department of Finance and the 2020 road miles per Caltrans Maintained Public Road Data Report. Distributions of the FY 2024-2025 Measure C Extension funds collected by FCTA will be made to the City in monthly payments based on the percentage set forth on the form for each subprogram. The City will use funds from the street maintenance, ADA compliance, flexible funding, pedestrian/trail and bicycle facility programs as matching funds for various projects. The street maintenance funds will also be used by the City to perform various maintenance projects including slurry seals, overlays, etc.

Also, in accordance with this claim, the City is certifying that these funds will not be used to substitute for property tax funds and that generally acceptable accounting principles will be followed to manage and spend these funds on eligible transportation projects and programs. Furthermore, with the acceptance of this claim, the City commits to submit the prior fiscal years Measure C Extension expenditures, FY 2023- 2024, to the Fresno County Transportation Authority no later than November 15, 2024.

FISCAL IMPACT
The City's allocation for FY 2024-2025 is an estimated $909,306. These funds will be allocated to the City of Reedley per the following listed subprograms:

Street Maintenance
ADA Compliance
Flexible Funding
Pedestrian/Trail Rural
Bicycle Facilities
$399,803
$ 13,993
$385,810
$ 88,095
$ 21,606
All values shown above were taken directly from the documents provided by the FCT A.

ATTACHMENTS

1. Resolution No. 2024-056

2. Local Transportation Program Certifications and Claim Forms a. Street Maintenance Subprogram
b. ADA Compliance Subprogram
c. Flexible Funding Subprogram
d. Pedestrian/Trail Rural Subprogram
e. Bicycle Facilities Subprogram

3. FCTA Resolution and Apportionment Calculations

RESOLUTION NO. 2024-056

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REEDLEY APPROVING AND ACCEPTING THE FISCAL YEAR 2024-2025 CLAIMS

FOR MEASURE C LOCAL TRANSPORTATION FUNDS FROM THE

FRESNO COUNTY TRANSPORTATION AUTHORITY
WHEREAS, the City Council of the City of Reedley has received information and a staff report from the City Engineer regarding the Measure C Extension Local Transportation Program Funds; and
WHEREAS, The Fresno County Transportation Authority is the administrator of the Retail Transactions and Use Tax (1/2 percent) Funds collected pursuant to the Fresno County Transportation Improvement Act as provided by Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and Public Utilities Code Sections 142000, et seq.; and
WHEREAS, California Public Utilities Code Section 142257 provides that the 2006 Measure C Extension Expenditure Plan, which was approved prior to and provided the basis for the ballot measure considered by the voters at the November 7, 2006 election, shall specify the amount and the formula by which the retail transactions and use tax shall be allocated to each city and the County for Local Transportation Purposes determined to be priority projects by local governments to which funds are allocated; and WHEREAS, the 2006 Measure C Extension Expenditure Plan creates a number of transportation programs to be funded by participating jurisdictions with Measure C funds passed-through from the Authority to the City of Reedley when submitting eligible project claims; and
WHEREAS, the City of Reedley's 2024 population was determined at 25,653 per the California Department of Finance; and
WHEREAS, the City of Reedley is not exempt from restricting a portion of its FY 2024-2025 allocation for the use of Pedestrian/Trail and Bicycle Facilities Subprograms based on the 25,000 population threshold; and
WHEREAS, the City of Reedley intends to complete and submit the reporting requirements for the prior fiscal years Measure C Extension expenditures no later than November 15, 2024; and
WHEREAS, the City of Reedley certifies that these funds will not be used to substitute for property tax funds and that generally accepted accounting principles will be followed to assure this and to identify the projects for which the funds are spent; and WHEREAS, the City of Reedley's allocation based on population and road miles is represented as $909,306 or 2.19% of the expected Measure C sales tax revenues for FY 2024-2025; and
WHEREAS, the City of Reedley has been apportioned the amounts indicated for each of the subprograms below:

1. Street Maintenance

2. ADA Compliance

3. Flexible Funding

4. Pedestrian/Trail Rural

5. Bicycle Facilities
$399,803
$ 13,993
$385,810
$ 88,095
$ 21,606; and
WHEREAS, the City of Reedley anticipates receipt of said subprogram amounts upon proper submittal of the certification and claims forms; and WHEREAS, the City Council on July 23, 2024 at a public meeting received a written staff report, invited public comment, and independently deliberated; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Reedley, using their independent judgment, hereby approves and accepts the apportionments for each. of the five subprograms listed above based on the following:

1. The above recitals are true and correct.

2. The City Council finds that the Measure C allocations will provide a benefit to the surface transportation system of the City.

3. The City Council authorizes the City Engineer to sign the claim forms on behalf of the City.

4. This resolution is effective immediately upon adoption.

This foregoing resolution is hereby approved and adopted at a regular meeting of the City Council of the City of Reedley held on 23rd day of July, 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST: Anita Betancourt, Mayor
Ruthie Greenwood, City Clerk
Resolution No. 2024-056

MEASURE C EXTENSION

LOCAL TRANSPORTATION PASS THROUGH REVENUES
CERTIFICATION AND CLAIM FOR FY2024-25
TO:

FROM:

Fresno County Transportation Authority
City of Reedley
Local Agency Name
Address:845 G Street, Reedley, CA 93654 Contact: Marilu Morales, City Engineer Telephone: (559) 637-4200 FAX: (559) 637-2257 Email Address: [email protected]

1. Applicable Funding Program: (Check One)
Regional Public Transit Program Local Transportation Program • Fresno Area Express l:8l Street Maintenance
• Clovis Transit • ADA Compliance
• FCRTA • Flexible Funding
• PTIS/Transit Consolidation • Pedestrian/Trails Urban
• ADA/Seniors/Paratransit • Pedestrian/Trails Rural
• Farmworker Van Pools • Bicycle Facilities
• Car/Van Pools Regional Transportation Program
• New Technology Reserve • Fresno Airports
Alternative Transportation Program
• Rail Consolidation Subprogram
Environmental Enhancement Program
• School Bus Replacement
• Transit Oriented Infrastructure for
In-Fill
Administrative/Planning Program
• Fresno COG

2. The City of Reedley ('1claimant1') is an eligible claimant of funds for local transportation purposes pursuant to Local Agency Name
California Public Utilities Code Section 142257.

3. The Fresno County Transportation Authority has adopted a Resolution of Apportionment for Fiscal Year 2024-2025 setting 2.38% of $16}92,597 (or $39~1803) for the Subprogram or Category of funds checked above and available to the claimant. On behalf of claimant, I hereby request release of the funds to claimant in accordance with:
(a) Monthly payments consistent with adopted percentage, based on actual receipts (b) Compliance with Steps A and B of the Strategic Implementation Plan (SIP) - Local Agency Pass-Through Funding programs and Other Revenue Program Funding

4. On behalf of claimant, I hereby certify as follows:
(a) That the Subprogram or Category of funds checked above are not being used to substitute for property tax funds which claimant had previously used for local transportation purposes. Such substitution of property tax funds is prohibited by California Public Utilities Code Section 142257. (b) That claimant has segregated property tax revenues from claimant's other general fund revenues used to support the Subprogram or Category of funds checked above so that verification of non-substitution can be proved through audit Q[ that the non-substitution of funds shall apply to claimant's entire general fund. (c) That claimant shall account for Subprogram or Category of funds checked above and received pursuant to Public Utilities Code Section 142257. Claimant shall maintain current records in accordance with generally accepted accounting principles and shall separately record expenditures for each type of eligible purpose.

Claimant shall make such records available to the Authority for inspection or audit at any time.

5. Claimant understands that should financial or compliance audit exceptions be found, the Fresno County Transportation Authority will take immediate steps to resolve the exceptions in accordance with its adopted procedures.

Authorized Signature:

Title: City Engineer
Date:

ATTACHMENT: Evidence of Formal Action for Approval and Submittal Approved by: Fresno County Transportation Authority Board on: ________ _ Measure C Extension Strategic Implementation Plan - Appendix D

MEASURE C EXTENSION

LOCAL TRANSPORTATION PASS THROUGH REVENUES
CERTIFICATION AND CLAIM FOR FY2024-25
TO:

FROM:

Fresno County Transportation Authority
City of Reedley
Local Agency Name
Address:845 G Street, Reedley, CA 93654 Contact: Marilu Morales, City Engineer Telephone: (559} 637-4200 FAX: (559} 637-2257 Email Address: [email protected]

1. Applicable Funding Program: (Check One)
Regional Public Transit Program Local Transportation Program • Fresno Area Express • Street Maintenance
• Clovis Transit [8'J ADA Compliance
• FCRTA • Flexible Funding
• PTIS/Transit Consolidation • Pedestrian/Trails Urban
• ADA/Seniors/Paratransit • Pedestrian/Trails Rural
• Farmworker Van Pools • Bicycle Facilities
• Car/Van Pools Regional Transportation Program
• New Technology Reserve • Fresno Airports
Alternative Transportation Program
• Rail Consolidation Subprogram
Environmental Enhancement Program
• School Bus Replacement
• Transit Oriented Infrastructure for
In-Fill
Administrative/Planning Program
• Fresno COG

2. The City of Reedley ("claimant'1) is an eligible claimant of funds for local transportation purposes pursuant to Local Agency Name
California Public Utilities Code Section 142257.

3. The Fresno County Transportation Authority has adopted a Resolution of Apportionment for Fiscal Year 2024-2025 setting 2.38% of $587,741 ( or $1 ~,9~~) for the Subprogram or Category of funds checked above and available to the claimant. On behalf of claimant, I hereby request release of the funds to claimant in accordance with:
(a) Monthly payments consistent with adopted percentage, based on actual receipts (b) Compliance with Steps A and B of the Strategic Implementation Plan (SIP) - Local Agency Pass-Through Funding programs and Other Revenue Program Funding

4. On behalf of claimant, I hereby certify as follows:
(a) That the Subprogram or Category of funds checked above are not being used to substitute for property tax funds which claimant had previously used for local transportation purposes. Such substitution of property tax funds is prohibited by California Public Utilities Code Section 142257. (b) That claimant has segregated property tax revenues from claimant's other general fund revenues used to support the Subprogram or Category of funds checked above so that verification of non-substitution can be proved through audit QI that the non-substitution of funds shall apply to claimant's entire general fund . (c) That claimant shall account for Subprogram or Category of funds checked above and received pursuant to Public Utilities Code Section 142257. Claimant shall maintain current records in accordance with generally accepted accounting principles and shall separately record expenditures for each type of eligible purpose.

Claimant shall make such records available to the Authority for inspection or audit at any time.

5. Claimant understands that should financial or compliance audit exceptions be found, the Fresno County Transportation Authority will take immediate steps to resolve the exceptions in accordance with its adopted procedures.

Authorized Signature:

Title: City Engineer
Date:

ATTACHMENT: Evidence of Formal Action for Approval and Submittal Approved by: Fresno County Transportation Authority Board on: ________ _ Measure C Extension Strategic Implementation Plan - Appendix D

MEASURE C EXTENSION

LOCAL TRANSPORTATION PASS THROUGH REVENUES
CERTIFICATION AND CLAIM FOR FY2024-25
TO: Fresno County Transportation Authority
FROM: City of Reedley
Local Agency Name
Address:845 G Street, Reedley, CA 93654 Contact: Marilu Morales, City Engineer Telephone: (559) 637-4200 FAX: (559) 637-2257 Email Address: [email protected]

1. Applicable Funding Program: (Check One)
Regional Public Transit Program Local Transportation Program • Fresno Area Express • Street Maintenance
• Clovis Transit • ADA Compliance
• FCRTA [8] Flexible Funding
• PTIS/Transit Consolidation • Pedestrian/Trails Urban
• ADA/Seniors/Paratransit • Pedestrian/Trails Rural
• Farmworker Van Pools • Bicycle Facilities
• Car/Van Pools Regional Transportation Program
• New Technology Reserve • Fresno Airports
Alternative Transportation Program
• Rail Consolidation Subprogram
Environmental Enhancement Program
• School Bus Replacement
• Transit Oriented Infrastructure for
In-Fill
Administrative/Planning Program
• Fresno COG

2. The City of Reedley ("claimant") is an eligible claimant of funds for local transportation purposes pursuant to L()cal Agency Name
California Public Utilities Code Section 142257.

3. The Fresno County Transportation Authority has adopted a Resolution of Apportionment for Fiscal Year 2024-25 setting 2.30% of $16,778,495 (or $38~;8J0)' for the Subprogram or Category of funds checked above and available to the claimant. On behalf of claimant, I hereby request release of the funds to claimant in accordance with:
(a) Monthly payments consistent with adopted percentage, based on actual receipts (b) Compliance with Steps A and B of the Strategic Implementation Plan (SIP) - Local Agency Pass-Through Funding programs and Other Revenue Program Funding

4. On behalf of claimant, I hereby certify as follows:
(a) That the Subprogram or Category of funds checked above are not being used to substitute for property tax funds which claimant had previously used for local transportation purposes. Such substitution of property tax funds is prohibited by California Public Utilities Code Section 142257. (b) That claimant has segregated property tax revenues from claimant's other general fund revenues used to support the Subprogram or Category of funds checked above so that verification of non-substitution can be proved through audit QI that the non-substitution of funds shall apply to claimant's entire general fund. (c) That claimant shall account for Subprogram or Category of funds checked above and received pursuant to Public Utilities Code Section 142257. Claimant shall maintain current records in accordance with generally accepted accounting principles and shall separately record expenditures for each type of eligible purpose.

Claimant shall make such records available to the Authority for inspection or audit at any time.

5. Claimant understands that should financial or compliance audit exceptions be found, the Fresno County Transportation Authority will take immediate steps to resolve the exceptions in accordance with its adopted procedures.

Authorized Signature:

Title: City Engineer
Date:

ATTACHMENT: Evidence of Formal Action for Approval and Submittal Approved by: Fresno County Transportation Authority Board on: ________ _ Measure C Extension Strategic Implementation Plan - Appendix D

MEASURE C EXTENSION

LOCAL TRANSPORTATION PASS THROUGH REVENUES
CERTIFICATION AND CLAIM FOR FY2024-25
TO: Fresno County Transportation Authority
FROM: City of Reedley
Local Agency Name
Address:845 G Street, Reedley, CA 93654 Contact: Marilu Morales, City Engineer Telephone: (559} 637-4200 FAX: (559} 637-2257 Email Address: [email protected]

1. Applicable Funding Program: (Check One)
Regional Public Transit Program Local Transportation Program • Fresno Area Express • Street Maintenance
• Clovis Transit • ADA Compliance
• FCRTA • Flexible Funding
• PTIS/Transit Consolidation • Pedestrian/Trails Urban
• ADA/Seniors/Paratransit l:8l Pedestrian/Trails Rural
• Farmworker Van Pools • Bicycle Facilities
• Car/Van Pools Regional Transportation Program
• New Technology Reserve • Fresno Airports
Alternative Transportation Program
• Rail Consolidation Subprogram
Environmental Enhancement Program
• School Bus Replacement
• Transit Oriented Infrastructure for
In-Fill
Administrative/Planning Program
• Fresno COG

2. The City of Reedley ("claimant") is an eligible claimant of funds for local transportation purposes pursuant to Local Agency Name
California Public Utilities Code Section 142257.

3. The Fresno County Transportation Authority has adopted a Resolution of Apportionment for Fiscal Year 2024-2025 setting 15.12% of $582,723 (or $88~Q~p) for the Subprogram or Category of funds checked above and available to the claimant. On behalf of claimant, I hereby request release of the funds to claimant in accordance with:
(a) Monthly payments consistent with adopted percentage, based on actual receipts (b) Compliance with Steps A and B of the Strategic Implementation Plan (SIP) - Local Agency Pass-Through Funding programs and Other Revenue Program Funding

4. On behalf of claimant, I hereby certify as follows:
(a) That the Subprogram or Category of funds checked above are not being used to substitute for property tax funds which claimant had previously used for local transportation purposes. Such substitution of property tax funds is prohibited by California Public Utilities Code Section 142257. (b) That claimant has segregated property tax revenues from claimant's other general fund revenues used to support the Subprogram or Category of funds checked above so that verification of non-substitution can be proved through audit Q[ that the non-substitution of funds shall apply to claimant's entire general fund. (c) That claimant shall account for Subprogram or Category of funds checked above and received pursuant to Public Utilities Code Section 142257. Claimant shall maintain current records in accordance with generally accepted accounting principles and shall separately record expenditures for each type of eligible purpose.

Claimant shall make such records available to the Authority for inspection or audit at any time.

5. Claimant understands that should financial or compliance audit exceptions be found, the Fresno County Transportation Authority will take immediate steps to resolve the exceptions in accordance with its adopted procedures.

Authorized Signature:

Title: City Engineer
Date:

ATTACHMENT: Evidence of Formal Action for Approval and Submittal Approved by: Fresno County Transportation Authority Board on: _ ___ ____ _ Measure C Extension Strategic Implementation Plan -Appendix D

MEASURE C EXTENSION

LOCAL TRANSPORTATION PASS THROUGH REVENUES
CERTIFICATION AND CLAIM FOR FY2024-25
TO: Fresno County Transportation Authority
FROM: City of Reedley
Local Agency Name
Address:845 G Street Reedley, CA 93654 Contact: Marilu Morales, City Engineer Telephone: (559) 637-4200 FAX: (559) 637-2257 Email Address: [email protected]

1. Applicable Funding Program: (Check One)
Regional Public Transit Program Local Transporlation Program • Fresno Area Express • Street Maintenance
• Clovis Transit • ADA Compliance
• FCRTA • Flexible Funding
• PTIS/Transit Consolidation • Pedestrian/Trails Urban
• ADA/Seniors/Paratransit • Pedestrian/Trails Rural
• Farmworker Van Pools l:8l Bicycle Facilities
• Car/Van Pools Regional Transporlation Program
• New Technology Reserve • Fresno Airports
Alternative Transporlation Program
• Rail Consolidation Subprogram
Environmental Enhancement Program
• School Bus Replacement
• Transit Oriented Infrastructure for
In-Fill
Administrative/Planning Program
• Fresno COG

2. The City of Reedley ("claimant") is an eligible claimant of funds for local transportation purposes pursuant to Local Agency Name
California Public Utilities Code Section 142257.

3. The Fresno County Transportation Authority has adopted a Resolution of Apportionment for Fiscal Year 2024-2025 setting 2.47% of $874,117 ( or $i1 ,606) for the Subprogram or Category of funds checked above and available to the claimant. On behalf of claimant, I hereby request release of the funds to claimant in accordance with :
(a) Monthly payments consistent with adopted percentage, based on actual receipts (b) Compliance with Steps A and B of the Strategic Implementation Plan (SIP) - Local Agency Pass-Through Funding programs and Other Revenue Program Funding

4. On behalf of claimant, I hereby certify as follows:
(a) That the Subprogram or Category of funds checked above are not being used to substitute for property tax funds which claimant had previously used for local transportation purposes. Such substitution of property tax funds is prohibited by California Public Utilities Code Section 142257. (b) That claimant has segregated property tax revenues from claimant's other general fund revenues used to support the Subprogram or Category of funds checked above so that verification of non-substitution can be proved through audit Qr that the non-substitution of funds shall apply to claimant's entire general fund. (c) That claimant shall account for Subprogram or Category of funds checked above and received pursuant to Public Utilities Code Section 142257. Claimant shall maintain current records in accordance with generally accepted accounting principles and shall separately record expenditures for each type of eligible purpose.

Claimant shall make such records available to the Authority for inspection or audit at any time.

5. Claimant understands that should financial or compliance audit exceptions be found, the Fresno County Transportation Authority will take immediate steps to resolve the exceptions in accordance with its adopted procedures.

Authorized Signature:

Title: City Engineer
Date:

ATTACHMENT: Evidence of Formal Action for Approval and Submittal Approved by: Fresno County Transportation Authority Board on: ________ _ Measure C Extension Strategic lmplemeniation Plan - Appendix D

BEFORE THE

FRESNO COUNTY TRANSPORTATION AUTHORITY BOARD
RESOLUTION NO 2024-01
In the Matter of: )

FRESNO COUNTY TRANSPORTATION )
Ifv1PROVEMENT ACT )

CALIFORNIA PUBLIC UTILITIES )
CODE SECTION 142257 )
)
)

RETAIL TRANSACTIONS AND USE

TAX FUNDS FOR EXTENSION

LOCAL TRANSPORTATION

PURPOSES PASS-THROUGH

PROJECTS AND PROGRAMS FOR
FY 2024-25
WHEREAS, the Fresno County Transportation Authority is the administrator of the Retail Transactions and Use Tax (1/2 cent) Funds collected pursuant to the Fresno County Transportation Improvement Act as provided by Part 1.6 ( commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and Public Utilities Code Sections 142000, et seq.,
WHEREAS, California Public Utilities Code Section 142257 provides that the 2006 Measure C Extension Expenditure Plan, which was approved prior to and provided the basis for the ballot measure considered by the voters at the November 7, 2006, election, shall specify the amount and the formula by which the retail transactions and use tax shall be allocated to each participating jurisdiction for Measure C Extension Program and Project Funds Local Transportation Purposes determined to be priority projects by local governments to which funds are allocated, and
WHEREAS, the 2006 Measure C Extension Expenditure Plan creates a number of transportation programs to be funded by participating jurisdictions with Measure C funds passed through from the Authority to the jurisdiction submitting eligible project claims, and WHEREAS, these various programs have differing requirements, exemptions, and formulas for calculating pass-through funding levels, and WHEREAS, the programs and subprograms identified below are eligible for passthrough funding, Regional Public Transit Program
Public Transit Agencies
Public Transportation Infrastructure Study (PTIS)
ADA/Seniors/Paratransit
Ag-worker/Car/Van Pools
Local Transportation Program
Local Allocation
Pedestrian/Trails
Bicycle Facilities

and
Regional Transportation Program
Fresno Airports
Administration/Planning Pro gram
Council of Fresno County Governments
WHEREAS, the program requirements and exemptions for these programs may change from time to time as local jurisdiction population changes or mandated programs are satisfied, and
WHEREAS, in an effort to fully explain the various program provisions, the Authority, together with the Fresno Council of Governments, created and will update as needed the Measure C Extension Strategic Implementation Plan which among other things discusses each pass-through program in detail and provides the basis for calculating passthrough funding levels for each program in the 2024-25 fiscal year, and WHEREAS, the Authority procedures for administration of funds for local transportation purposes as identified in the Measure C Extension Administrative Code calls for an annual Resolution of Apportionment to determine the percentage and amount of funds to be available within the forthcoming fiscal year, and
WHEREAS, the attached schedule of apportionment for FY 2024-25 is based upon the Measure C Extension Strategic Implementation Plan.

NOW THEREFORE, BE IT RESOLVED that the Fresno County Transportation Authority hereby approves the attached schedule of apportionment for FY 2024-25 as indicated in the Measure C Extension Strategic Implementation Plan, which schedule is hereby made a part of this resolution, and approves the allocations, to be distributed as they are received and in accordance with claims submitted by eligible claimants.

BE IT FURTHER RESOLVED that the Fresno County Auditor-Controller/TreasurerTax Collector cause the revised Resolution of Apportionment to be paid in the manner and time directed by the Executive Director of the Fresno County Transpmiation Authority.

THE FOREGOING RESOLUTION was passed and adopted by the Fresno County Transportation Authority Board this 12th day of June 2024.

A YES: (6) Mendes, Ash beck, Beltran, Brandau, Harris, Sihota NOES: (0)
ABSTAIN: (0)
ABSENT: (3) Arias, Dyer, Martinez
VACANT: (0)
ATTEST:

I hereby certify that the foregoing is a true
copy of a resolution of the Fresno County
Transportation Authority duly adopted at a
regular meeting thereof held on June 12, 2024.
. , .. ~xeci:itive Director
SIGNED&_.~ /~:z .7rL~
Ernest "Buddy" Mendes, d?airman
Fresno County Transportation Authority
County Transportation Authority
/ dd/reso/PassTluT1-Allocation-2024-01

RESOLUTION OF ALLOCATION 2024-01
FY2024-25 MEASURE C EXTENSION ESTIMATED ALLOCATIONS
Table 1
Measure C Sales Tax Revenue
2024/25
Presented to the FCT A Board 6/12/24
Sales Tax Estimate
Program Services and Supplies
Net Distributed Sales Tax Estimate
Funding Allocation Programs
Regional Public Transit Program
Public Transit Agencies
Fresno Area Express (FAX)
Clovis Transit
Fresno County Rural Transit Agency (FCRTA)
Public Transportation Infrastructure Study (PTIS)
ADA/ Seniors / Paratransit
Farmworker/ Car/ Van Pools
Farmworker Van Pools
CarNan Pools
New Technology Reserve
Local Transportation Program
Local Allocation
Pedestrian/Trails
Urban (Fresno/Clovis)
Rural
Bicycle Facilities
Regional Transportation Program
Urban .

Rural
Airports
Alternative Transportation Program
Grade Separation
Environmental Enhancement
School Bus Replacement
Transit Oriented Infrastructure for In-Fill
Administration/Planning Program
Fresno County Transportation Authority (FCTA)
Fresno Council of Governments (FCOG)
Total

Percent

13.70%

1.97%

3.99%

0.29%

0.79%

0.58%

0.58%

2.10%

30.60%

2.15%

0.95%

0.90%

14.70%

14.70%

1.00%

6.00%

2.30%

1.20%

1.00%

0.50%
100.00%
$111,477,737
$1,722,204
$109,755';533
Allocation
15,036,508
2,162,185
4,379,246
318,291
867,069
636,582
636,582
2,304,867
33,585,193
2,359,744
1,042,678
987,800
16,134,064
16,134,064
1,097,555
6,585,330
2,524,376
1,317,066
1,097,555
548,778
09] 5!:3,';5'§3
RESOLUTION OF ALLOCATION 2024-01
LOCAL TRANSPORTATION SUB PROGRAM FY2024-2025 ALLOCATIONS Table 2

FRESNO COUNTY TRANSPORTATION AUTHORITY

MEASURE C FUND APPORTIONMENT
Local Allocation Sub Program
FY2024/25
6/12/2024 Presented to the FCTA Board
Street ADA Flexible Ped/Trails Ped/Trails Bicycle
Maintenance Compliance Funding Urban Rural Facilities Total Clovis 1,770,332 10.54% 61 ,962 10.54% 1,708,370 10.18% 416,977 17.67% 0 0.00% 106,258 12.16% 4,063,898 Coalinga 282,062 1.68% 9,872 1.68% 345,271 2.06% 0 0.00% 0 0.00% 0 637,205 Firebaugh 183,559 1.09% 6,425 1.09% 214,281 1.28% 0 0.00% 0 0.00% 0 0.00% 404,264 Fowler 156,431 0.93% 5,475 0.93% 182,829 1.09% 0 0.00% 0 0.00% 0 0.00% 344,735 Fresno 7,473,828 44.51% 261 ,584 44.51% 7,212,244 42.99% 1,808,206 76.63% 0 0.00% 458,540 52.46% 17,214,402 Huron 134,691 0.80% 4,714 0.80% 157,008 0.94% 0 0.00% 0 0.00% 0 0.00% 296,413 Kerman 284,322 1.69% 9,951 1.69% 348,103 2.07% 0 0.00% 0 0.00% 0 0.00% 642,376 Kingsburg 233,425 1.39% 8,170 1.39% 281 ,372 1.68% 0 0.00% 0 0.00% 0 0.00% 522,966 Mendota 212,676 1.27% 7,444 1.27% 258,313 1.54% 0 0.00% 0 0.00% 0 0.00% 478,433 Orange CoVe 178,382 1.06% 6,243 1.06% 212,748 1.27% 0 0.00% 0 0.00% 0 0.00% 397,372 Parlier 238:220 1.42% 8 338 1.42% 290:849 1.73% 0 0.00% 0 0.00% 0 0.00% 537,406 I Reedlet 399 803 2.38% 13:993 2.38% 385 810 2.30% 0 0.00% 88!095 15.12% 21 !606 2.47% 9091306 San Joaquin 100,252 0.60% 3,509 0.60% 112,265 0.67% 0 0.00% 0 0.00% 0 0.00% 216,026 Sanger 413,578 2.46% 14,475 2.46% 399,103 2.38% 0 0.00% 90,513 15.53% 22,457 2.57% 940,126 Selma 386,521 2.30% 13,528 2.30% 477,472 2.85% 0 0.00% 0 0.00% 0 0.00% 877,520 County of Fresno 4,344,518 25.87% 152,058 25.87% 4,192,460 24.99% 134,560 5.70% 404,115 69.35% 265,256 30.35% 9,492,967 16,792,597 587,741 16,778,495 2,359,743 582,723 874,117 37,975,415

RESOLUTION OF ALLOCATION 2024-01
LOCAL TRANSPORTATION PROGRAM SUB PROGRAM FY2023-2024 CALCULATIONS Table3

FRESNO COUNTY TRANSPORTATION AUTHORITY
Local Allocation Sub. P.rC>gram
. FY2024/25 . 6/1212024 Proposed to the FCTA Board ..
2024 10:20
Population Road
Miles
75o/; 25% Percent Percent
$100,000
:Min
Local
· Formula Abo\€ Allocation ;Street Maint. Total
•iiinimum Program ·SO% of
.. Locai
Ai!ocableto
Allocation .. P.r.Oflram .
~l?\li~ .. .. 126,133 3848 0.092979033 0.014591477 10.76% _1gg1 0{)~ : .. 3,~0,663 ... ~.~~0,663 : 1,770,332 4,063,898 0 ·coalinga 17.107 50.1 0.01 2610438 0.001900153 1.45%: 100,000 • 464,124 564,124 : 282,062 637,205 58,747 Firebaugh s.4n\ ·ss) 0.000203123 . o.60214a14a .. ·o.-84o/; -- . 106,060!' 2i5i,fri . . . 3ei;fr7 .... 183,559 . 404,264 2a,aga Fovvier . 7):57 32.3 0.005430589 0.001224425 . 0.67°/~ :. foo;ooo ... 212,862 . .. 312,862 156,431 344)'35 25,299 Fresno 54S,S7f <60a .. ~ . b'.40320007"'o.061003976 ... 46.42°io ... foq:goo : . • 1{84j,§56 14:94i,°656 i,iii;a?·a .. }i21:{402 . ... . .. . o Huron 6.348 16.3 0.004679433 0.000616194 0.53% ·100,000 • 169,382 269,382 134,691 296,413 . 21,800 Kerman . 1?.2ss so.9 0.012120213 0.001931525 1.47% .... 100,000 ..... 468,644 . ·•• sss:644 i ·2s4,322 . 642, 31a·. s§,2s9 Kingsburg 13.042 48.9 0.00961392 0.001855408 1.15% 100,000 366,849 466,849 233,425 5?2,§66 44,788.

Mendota 12,531 24.7 0.009237236 0.000934719 1.02% 100,000 : .... 325,352 . .. 425,352 ! . .. 212,676 . 478,.4;33 . . 43,033 Orange Co\€ 9,fo3 25f 0.001014726 6.001012834 ... o:ao0i; . 100,000 . 256,763 . 356,763 1·78,382 3gf372 . 32,679 Parlier . .. . .. 143\16 3-t 1 0.010591382 0.0011m84 1.18% 100 000 376 439 476 439 238,220 .. 537406 4f341 Reedley ___ . 25.653 78.1 . 0.018910128 ... 0.002962661 2.19% 10Q,_OOO ; .. __ 69~ :,~ :::05 799 ,:::rµ; .

San Joaquin 3.616 12.6 0.002665537 0:00047665 0.31o/o; . 1QO,OO0 {' 1001504 200,504 100,252 .. 216,026 12,418 Sanger . . .. ,?~;~?! . 57.2 0.019429082 0:003305076 . I 2j 0/o ' 19~,oo~· ..•.•• 727:\ss . . . 827,1 56 . 4.13,5.78 .. 940,1?6 ' . 0 Selma 24.37, 8"'. .2 0.0179651 0.003077179 2.10% ) 100,~0,: 673,041 77~,041 . 38?,521 .. 87!}?0 .. 83,693.

County of FreSClo . 158)80 .. 1'.0)2} 0.116749932 0.151781692 26.85% ) . _ 100,000 •. 8,58.9,036 ~,6.89,036 · 4,344,518 9,492,967 O

1.75% of Local Alloc
.... 48.25o/~--of Local
Alloc
Flexible Ped/Trails Ped/Trails Bicycle
. ~or11plia~~e . . Funding Urban
0 . 6.\9!32 1,!08,370 416,977
14,334 9,872 · 345,271 0
· ~!249 ·· _· 6:125 . ·214,2s1 ·
6,574 5,475 182,829 0
. 0 ...... 2.~\.584 7,212:244 . 1,808,206_
5,231 4,714 157,008 . 0
14:473· · · g:gs1· · ·· · 34a:1fo ·· · o
11 ,329 8,170 281,372 . 0
10,048 . ·r:444 . . 258,313 0
i,9W s.243 ... ·21i/-4a . o
11,626 8,338 290,849 0
0 13,993 • 385,810 : 0
3,104 3,509 . 112,265 0 · · o · · · 1,i,,iis · ······· ·· · iw:100 · ··· · · o 20,786 13,528 477/+72 0
... ········ .... 0 .. . 1~~!q~ • . ...• . ~'. 1~2:4(3.0 :. _ 1~4,560 Rural :Facilities Total
0 : .. 10?,?58 4,0€33,898
0 0 637,205
o ·o 40~.~54
0 • 0 344,735 .
ci L 4sa:s4.o 11:?14.402
0 • 0 .... }9?,413 _
0 0 642,376
0 , 0 522,966
o: o 47aA33
0 0 397,372
0 • 0 537,406
88,095 ' 21 ,606 909,306
0 · 0 216,026
90,513 22,457 940,126 . .. .. 0 . .. 0 877,520
404,115 265!256 9,492,967
TOTAL 1,017,431 6,592.9 0.750000 o.2soooo t100.ooo;/ 1,000.000 .. 31,985.1 93 33,s8s.193 16,792.597 . 37,9!5,4.1~ . 459,955 ...... 113(~81 ~81,741 · 16:!78,495 2,35~. 743 582/23 874,117 37,975;415

DATE:

TITLE:

July 23, 2024

REEDLEY CITY COUNCIL
~ Consent Calendar
D Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: 7 ----

CONSIDER THE FOLLOWING ITEMS (A) AND (B) FOR COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) PROJECT NO. 24571, RUPERT AND CHURCH RECONSTRUCTION FROM DINUBA AVENUE TO CURTIS AVENUE:
(A) ADOPT RESOLUTION NO. 2024-055 AUTHORIZING THE EXECUTION OF THE CITY-COUNTY AGREEMENT FOR CDBG PROJECT NO. 24571,

RUPERT AND CHURCH RECONSTRUCTION
(B) ADOPT BUDGET RESOLUTION NO. 2024-059 AMENDING THE FISCAL YEAR 2024-2025 BUDGET TO APPROPRIATE AVAILABLE FUNDS IN THE AMOUNT OF $550,161 FOR CDBG PROJECT NO. 24571, RUPERT AND

CHURCH RECONSTRUCTION
PREPARED: Linda Xiong LX
Assistant Engineer
SUBMITTED: Marilu Morales ~}A
City Engineer ·
APPROVED: Nicole Zieba
City Manager

RECOMMENDATION
Consider the following items (A) and (B) for CDBG Project No. 24571, Rupert and Church Reconstruction from Dinuba Avenue to Curtis Avenue:
(A) Adopt Resolution No. 2024-055, authorizing the City Manager to execute an Agreement with the County of Fresno for CDBG Project No. 24571, Rupert and Church Reconstruction. (B) Adopt Budget Resolution No. 2024-059 amending the fiscal year 2024-2025 budget to appropriate available funds in the amount of $550,161 for CDBG Project No. 24571, Rupert and Church Reconstruction

EXECUTIVE SUMMARY
Staff is requesting that the City of Reedley City Manager be granted authority to execute 3 original sets of the Agreement with the County of Fresno for CDBG Project No. 24571, Rupert and Church Reconstruction from Dinuba Avenue to Curtis Avenue (Project). Staff will deliver said agreement to Fresno County on or before August 7, 2024, for the County Board of Supervisors approval. Once fully executed, the City will be able to proceed with design and construction tasks for said project. It is anticipated that the project will be awarded for construction in May 2025.

In conjunction with the authority for City Manager to execute the proejct agreement, Staff is requesting that Council adopt Budget Resolution No. 2024-059 in the amount of $550,161 to fully fund design, construction, construction management and contingencies to complete the Project.

BACKGROUND
Staff from the County of Fresno conducted an environmental assessment of the project, prepared and recorded the environmental document (Categorical Exemption), and prepared the City-County Agreement for the design and construction of this CDBG Project.

The total cost for the project is estimated at $550,161, which includes design, construction, contingency, and construction management. CDBG funds in the amount of $424,530 will be made available to fund this project. In addition, $125,631 will be funded through Measure C Flexible funds.

The approved agreement will be sent to the County Board of Supervisors for approval and execution. Once executed, the City will begin the design of the project. Awarding of a construction contract to complete the project is anticipated to be brought back to the City Council for approval in May 2025.

FISCAL IMPACT
The project will be funded with CDBG funds and Measure C Flexible funds.

PRIOR COUNCIL ACTIONS
On September 26, 2023, the City Council held a public hearing and adopted Resolution No. 2023- 072 approving the reconstruction of Rupert and Church Avenues from Dinuba to Curtis Avenue as the 2025-26 CDBG Project.

ATTACHMENTS

1. Resolution No. 2024-055

2. Budget Resolution No. 2024-059

3. CDBG 24571 Project Exhibit

4. City-County Agreement

RESOLUTION NO. 2024-055

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REEDLEY

AUTHORIZING THE EXECUTION OF THE CITY-COUNTY AGREEMENT FOR CDBG PROJECT No. 24571, RUPERT AND CHURCH RECONSTRUCTION WHEREAS, the County of Fresno has been designated as the sponsoring agency to administer and implement the program for the Community Development Block Grant (CDBG) activities of the County, and its participating Cities, including the City of Reedley; and WHEREAS, the City of Reedley wishes to enter into an Agreement with the County of Fresno allocating the funds for the City's 2024-25 CDBG allocation to the Rupert and Church Reconstruction, CDBG Project No. 24571 ; and
WHEREAS, the County of Fresno has determined that $424,530 in CDBG funds are currently available to the City of Reedley for said project which includes the City of Reedley's anticipated 2025-26 CDBG allocation; and
WHEREAS, the City Council on September 26, 2023, at a public hearing received a written staff report, invited public comment, and independently deliberated; and 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 finds the agreement for CDBG Project No. 24571 is consistent with the CDBG program.

3. The City of Reedley City Manager is hereby authorized to execute the City-County agreement for the Rupert and Church Reconstruction Project, CDBG Project No. 24571.

4. This resolution is effective upon adoption.

This foregoing resolution is hereby approved and adopted by the City Council of the City of Reedley this 23rd day of July 2024 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Anita Betancourt, Mayor
ATTEST:

Ruthie Greenwood, City Clerk
Resolution No. 2024-055

BUDGET AMENDMENT
RESOLUTION 2024-059
The City Council of the City of Reedley does hereby amend the 2024-25 Budget as follows:

SECTION I - ADDITIONS
Account Number
024-4460.6251
014-4441.6251
Total
Account Description
CDBG 24571 Rupert & Church
CDBG 24571 Rupert & Church
Amount
$ 424,530
$ 125,631
$ 550,161
Purpose: To add awarded CDBG grant project and matching Measure C funds for design, construction, contingency and construction management

SECTION II - SOURCE OF FUNDING
Account Number
024-3874
014-3143
Total
Account Description
CDBG 24571 Rupert & Church
Measure C Flexible fund balance
Amount
$ 424,530
$ 125,631
$ 550,161
Impact: Sufficient funds in CDBG grant funding and Measure C Flexible fund for allocation REVIEWED: RECOMMENDED:
g~
Assistant City Manager -, / 1, f '2.'l
4~
City Manager
The foregoing resolution was approved by the City Council of the City of Reedley on July 23, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN: APPROVED:

Anita Betancourt, Mayor
ATTEST:

Ruthie Greenwood, City Clerk
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CITY OF REEDLEY
CDBG PROJECT FY 2024 - 2025

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AGREEMENT
THIS AGREEMENT ("Agreement") is made this ___ day of _____ , 2024 ("Effective Date"), by and between the County of Fresno, a political subdivision of the State of California ("County"), and the City of Reedley ("City").

WITNESSETH
WHEREAS, the County has been designated as the sponsoring agency to administer and implement the Community Development Block Grant ("CDBG") Program activities for the County, and its participating cities, in accordance with the provisions of Title I of the Housing and Community Development Act of 1974, as amended, and the laws of the State of California; and WHEREAS, CDBG funding has been made available to the County for housing and community development activities; and
WHEREAS, the City has submitted the Reedley Rupert and Church Reconstruction Project No. 24571 ("Project") for CDBG funding; and
WHEREAS, the City has estimated that the total cost of the Project is $550,161, and the City has committed local funds to the Project in the amount of $125,631, and needs $424,530 in CDBG funding to complete the Project; and
WHEREAS, the County can provide $424,530 in CDBG funds needed for the Project from the City's 2024-2025 CDBG allocation as approved by the Board in the 2024-2025 Annual Action Plan on June 18, 2024; and
WHEREAS, the Project is consistent with the objectives of the Fresno County Consolidated Plan, including the 2024-2025 Annual Action Plan.

NOW THEREFORE, in consideration of their mutual promises as hereinafter set forth, the City and County agree as follows:

I. PROJECT DESCRIPTION, LOCATION AND BUDGET
A. The Project will reconstruct existing roadway in Reedley on Rupert and Church Avenues from Dinuba to Curtis Avenue, and portions of Dinuba and Curtis Avenues between Rupert and Church Avenues, and install ADA compliant driveway approaches, accessible ramps , and sidewalk where missing or not meeting current ADA standards. 1 1
2 way.
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C.

The Project site is within the City's existing easements or public rights-ofThe work to be funded with CDBG funds is as follows:

1. 2.

Obtain all necessary permits.

Perform all necessary design engineering, including, but not limited 6 to, surveying; testing ; preparation of plans, specifications, and cost estimates, bid documents and 7 a cost or price analysis; review of bids and recommendation for award. 8 3. Prepare and advertise Project bid notices and award construction 9 contracts including, but not limited to, the printing of bid documents; publishing of notices; and 1 O preparation of bid summary.
11 4. Perform all construction engineering including, but not limited to, 12 shop drawing review and approval; contract change order preparation; surveying; staking; 13 inspection; soil testing; materials testing; preparation of "as-built" drawings; labor compliance; and 14 contract administration.
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D.

E.

5. Provide related eligible improvements.

The Project budget is estimated by the City as follows:

Construction
Design & Construction Engineering
Contingency, Permits & Misc.

Total
$ 382,056
$ 91,694
$ 76,411
$ 550,161
Notwithstanding the City's estimates described in the above-described 21 Project budget, payments for the Project from CDBG funds shall be limited to the City's actual 22 costs expended by the City, and in any event shall not exceed the total amount of $424,530. In the 23 event CDBG funds are not sufficient, the City shall complete the Project using its own funds. 24 25 sources:
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28 F. The proposed funding for the Project shall be provided from the following CDBG
Local Financial Contribution
2 Total
$ 424,530
$ 125,631
$ 550,161
1 G. Prior to any proposed changes that may occur which would modify the 2 scope of the Project, the City shall submit a written request to the County. The City shall send its 3 written request to:

Community Development Grants
4 County of Fresno
Department of Public Works and Planning
5 Community Development Division
2220 Tulare Street, 6th Floor
6 Fresno, CA 93721
7 If the Director of the County Department of Public Works and Planning ("Director") determines the 8 modified Project is still eligible under the Federal CDBG regulations, then the Director has the 9 authority to modify the scope, so long as the modifications do not change the fundamental nature 1 O of the Project. The Director shall specify in a letter to the City that such modifications to the scope 11 of the Project are authorized, and if the City may proceed. 12 13

11. OBLIGATIONS OF THE COUNTY
A. The County shall reimburse the City up to, but not more than, $424,530 in 14 CDBG funds for the Project for the City's performance of its obligations under this Agreement. All 15 funds shall be paid to the City in accordance with Section V-A of this Agreement. 16 B. The County shall review, within thirty (30) calendar days of receipt from the 17 City, the engineer selection process description and summary of the analysis, as prepared by the 18 City, to verify that a competitive process was conducted in accordance with U.S. Department of 19 Housing and Urban Development (HUD) procurement standards. If such conditions have been 20 met, the Department of Public Works and Planning, Community Development Division (Division) 21 shall specify in a letter to the City that these conditions have been met, and that the engineering 22 contract can be awarded.
23 C. The County shall review, within thirty (30) calendar days of receipt from the 24 City, the design plans and specifications for the Project, as prepared by the City, for compliance 25 with Federal regulations, and the total Project cost estimate, to determine whether sufficient funds 26 are available to complete the Project. If such conditions have been met, the Division shall specify 27 in a letter to the City that these conditions have been met and that the Project can be advertised. 28 If such conditions have not been met, the Project will not move forward unless the City receives 3 1
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28 an approval letter from the Division.

D. The County shall also review, within twenty-one (21) calendar days of receipt from the City, the name of the low bidder, and cost or price analysis of the low bid proposal prepared by the City, to determine whether the contractor will be reasonably compensated in accordance with Federal requirements, and to verify the contractor is bonded, and has not been disbarred or suspended from participating in Federal projects. If such conditions have been met, the Division shall specify in a letter to the City that these conditions have been met, and that the contract can be awarded. If such conditions have not been met, the Project will not move forward unless the City receives an approval letter from the Division.

E. The County shall attend the pre-construction meeting between the City and the contractor to discuss labor compliance requirements for the Project, Project monitoring, and to inform the City and contractor that the County will conduct field reviews to determine whether labor compliance and other conditions of the construction contract are being met.

F. The County shall conduct periodic inspections of the Project, as may be required, in the determination of the County, that the intended use and group of beneficiaries of the Project, as identified by the City in the application, have not changed. Upon completion of the Project, but prior to the City's acceptance of the Project, the County shall conduct a final inspection of the Project. If such conditions have been met, the Division shall specify in a letter to the City that the conditions of this Section have been met. If such conditions have not been met, the Project will not move forward unless the City receives an approval letter from the Division.

G. Notwithstanding anything to the contrary in this Section II or Section Ill of this Agreement, the County's determinations and actions under this Section 11 and Section 111 of this Agreement are solely for the benefit of the County, as the provider of the CDBG funding stated herein, and do not relieve the City of its obligations, or lessen the City's obligations, under this Agreement.

Ill. OBLIGATIONS OF THE CITY
A. The City shall provide any and all sums of money in excess of $424,530 which may be necessary to complete the Project. For the purposes of awarding the construction 4 1
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28 of the Project within the Agreement amount, the bid documents should include any proposed additive or deduct alternatives.

B. The City shall perform, or cause to be performed, all engineering work required for the Project.

C. In selecting an engineer to perform any engineering work required for the Project, the City shall go through a competitive process in accordance with Chapter 4.1 O of the Ordinance Code of Fresno County, and HUD procurement standards. Prior to selection of the engineer, the City shall prepare a written description of the process, perform a cost or price analysis, and submit the process description and summary of the analysis to the Division for review. The City shall obtain a letter from the Division specifying that the conditions of this Section have been met.

D. The City shall specify in agreements with its consultants that all engineering work funded with CDBG funds shall become the property of the City upon payment by the City for the cost of such engineering work.

E. The City shall furnish evidence to the satisfaction of the Division, prior to the County's authorization to advertise for bids, that it has free and clear title to all parcels of real property on which Project improvements will be located, with any liens or encumbrances noted, and/or that it has obtained or can obtain all necessary easements, rights-of-way, licenses, permits, and State and local approvals required for the completion of the Project.

F. Upon completion of the design engineering, the City shall submit the plans and specifications to the Division. The County will ensure Federal CDBG requirements have been adhered to, and review cost estimates to, ensure sufficient funds are available. The City shall obtain a letter from the Division specifying these conditions have been met, and that the City is approved to advertise for bids to construct the Project.

G. The City shall advertise for bids, and shall award the construction contract to the lowest responsible bidder. At least ten (10) calendar days prior to the bid opening, the City shall notify the County of the date, time, and location of the bid opening.

H. Within seven (7) calendar days following the bid opening, the City shall 5 1
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28 furnish the Division with the name of the low bidder, and cost or price analysis of the low bid proposal prepared by the City, so that the County may verify with the Labor Relations and Equal Opportunity Division of the HUD Area Office that the low bidder is bonded and has not been debarred or suspended from participating in Federal projects, and that the contractor will be reasonably compensated in accordance with Federal requirements. The City shall obtain a letter from the County specifying these conditions have been met, and that the City is approved to award the Project for construction.

I. The City shall conduct a pre-construction meeting with the contractor, and shall notify the County Community Development Division at least ten (10) calendar days prior to the meeting, so a representative of the County may attend to discuss CDBG labor compliance requirements for the Project.

J. The City shall require the contractor, and all subcontractors, to submit labor compl iance documentation, including Certified Payroll, in the manner specified by the County's Labor Compliance Officer, including the use of electronic systems such as LCPtracker.

K. Prior to the construction start date, the City shall give written notice thereof, to the Division, to include a copy of the executed contract between the City and the Contractor and the Notice to Proceed.

L. All proposed construction contract change orders shall not proceed until prior written approval has been given by the County. Request for approval of a change order(s) shall include a narrative description of the work, a cost or price analysis in accordance with HUD requirements, a map depicting the location of the work addressed with the requested change order, and a written certification from the City that the approval of the change order is consistent with the final construction cost estimate approved by the County. In addition , the City shall certify that the change order is within the scope of the Project and is necessary to complete the Project.

M. The City shall send its written description of the engineer selection process, cost or price analyses, design plans , specifications, name of low bidder and low bid proposal , public notices, and all written correspondence to:
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Community Development Grants
County of Fresno
Department of Public Works and Planning
Community Development Division
2220 Tulare Street, 6th Floor
Fresno, CA 93721
The City shall comply with the terms identified in Environmental Review No. 6 CD23571 (the "Assessment"). A copy of the Assessment shall be provided to the City. 7 0. Upon completion of the Project, the City shall notify the Division, so a 8 representative of the Division may perform an inspection of the Project to confirm that it was 9 completed in accordance with the scope of work approved and authorized pursuant to this 1 O executed Agreement.
11 P. Upon approval of Project completion by the County, the City shall provide 12 the Division with a resolution of acceptance, or similar documentation, demonstrating that the 13 Project was completed in accordance with the scope of work approved and authorized pursuant 14 to this executed Agreement, and any approved subsequent amendments thereto and/or change 15 orders, and that the City has accepted the Project. Prior to the final request for payment, the City 16 shall also provide the County with a copy of the recorded Notice of Completion (NOC), a written 17 summary of all Project work completed with CDBG and other funds, and documentation to 18 demonstrate compliance with Section 3 of the Housing and Urban Development Act of 1968, as 19 amended.
20 Q. During the contract period, the City shall complete and submit annually each 21 June 1, and upon completion of the Project, a Project Outcome Measurement Report (POM) form, 22 a copy of which is attached hereto as Exhibit 1 and incorporated herein by reference. The POM 23 shall contain the following information for the County's Federal reporting purposes to the U.S. 24 Department of Housing and Urban Development (HUD):
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1. 2.

Total number of households/persons assisted.

Number of total households/persons assisted that:
a. Now have new access to this type of public facility or infrastructure improvement.
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b.

C.

Now have improved access to this type of public facility or infrastructure improvement.

Now are served by a public facility or infrastructure that is no longer substandard.

The City shall be responsible for maintenance of the Project after 6 construction is completed, and shall perform such maintenance from non-CDBG resources. 7 S. The City must inform the County in writing of any program income generated 8 by the expenditure of CDBG funds. Any program income generated as a result of the Project must 9 be paid to the County. For purposes of this Agreement, program income is defined as proceeds 1 O from the disposition of CDBG-acquired real property, and principal and interest on CDBG loans. If 11 the City contributed financially to the improvement Project, the City may retain a share of the 12 program income in proportion to the City's contribution to the Project, after the City has provided 13 a written accounting acceptable to the County.
14 T. The City must obtain prior written approval from the County before making 15 any modification or change in the use of any real property improved, in whole or in part, using 16 CDBG funds in excess of $25,000. The City shall provide affected citizens with notice of, and 17 opportunity to comment on, any proposed change to the use of real property improved with CDBG 18 funds. If any real property improved with CDBG funds is sold and/or is utilized by the City for a use 19 which does not qualify under the CDBG Program, the City shall reimburse the County in an amount 20 equal to the current fair market value for the property, less any proportional share thereof 21 attributable to expenditures of non-CDBG funds. These requirements shall continue in effect for 22 five years after the Project is completed in HU D's Integrated Disbursement and Information System 23 (IDIS). In the event the CDBG program is closed out, the requirements of this Section shall remain 24 in effect for activities or property funded with CDBG funds, unless action is taken by the Federal 25 government to relieve the City of these obligations. 26 U. The City acknowledges that the County may periodically inspect the Project 27 to ensure the property is being used as described in this Agreement. The City agrees to provide 28 any necessary information to the County to carry out such inspections. Furthermore, the City 8 1 agrees to take corrective action if the County determines that modifications to the use and location 2 of the Project have resulted in a violation of the Federal CDBG regulations. 3 IV. CONFORMANCE WITH APPLICABLE LAWS AND REGULATIONS
4 A. The City shall, and shall cause its consultants, contractors, and 5 subcontractors to, comply with all applicable State and Federal laws and regulations governing the 6 Project.
7 B. The City must comply with the requirements of the Build America, Buy 8 America (BABA) Act, 41 USC 8301 et. seq. , and all applicable rules and notices, as may be 9 amended, if applicable to the Grantee's infrastructure project. Pursuant to HU D's Notice, "Public 1 O Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy America 11 Provisions as Applied to Recipients of HUD Federal Financial Assistance" (88 FR 17001 ), any 12 funds obligated by HUD on or after the applicable listed effective dates, are subject to BABA 13 requirements, unless excepted by a waiver. The City shall ensure that all plans and specifications 14 include requirements that all construction materials subject to BABA are noted as such. 15 C. Whenever the City uses the services of a contractor, the City shall require 16 that the contractor comply with all Federal, State, and local laws, ordinances, regulations, and 17 Charter of the County of Fresno provisions applicable in the performance of their work. 18 D. This Project is subject to the requirements of Section 3 of the Housing and 19 Urban Development Act of 1968, as amended, 12 U.S.C. 1701 (u). Accordingly, the City shall 20 require the prime contractor to complete and submit documentation prior to award of the 21 construction contract, and upon Project completion, that compliance with the requirements of 22 Section 3 of the Housing and Urban Development Act of 1968 clause have been met. 23 24
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E. Non-Discrimination: The City agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the Housing and Community Development Act of 197 4 are still applicable.

F. Because the City is receiving at least $100,000 for this Project from the 9 1
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28 County's CDBG Program under this Agreement, the City shall complete and submit to the Division a "Certification of Payments to Influence Federal Transactions" form and a "Standard Form LLL - Disclosure of Lobbying Activities" form. Likewise, before the City awards a contract using at least $100,000 of such CDBG funds, the City shall require the consultant and/or contractor and all their sub-consultants and/or subcontractors to complete and submit these two (2) forms described herein to both the City and the County.

G. Records Retention: The City shall retain all financial records, supporting documents, statistical records, and all other records pertinent to this Agreement for a period of four (4) years from the date of the submission of the County's consolidated annual performance and evaluation report to HUD in which the activities assisted under this Agreement are reported on for the final time. If there is litigation, claims, audits, negotiations, or other actions that involve any of the records cited, and that have started before the expiration of the four-year record retention period, such records must be retained until completion of the actions and resolution of all issues, or the expiration of the four-year period, whichever occurs later (24 CFR 570.502, 570.503(b)(2), 570.506).

V. PAYMENT FOR THE PROJECT
A. At monthly intervals, the City shall submit a written request to the County for payment of specified costs incurred in the performance of this Agreement. The request for the County to make such a payment shall be in accordance with the exemplar Project Pay Request Form, attached as Exhibit 2, and incorporated by this reference. The request shall also be accompanied by a written certification from the City that the request for payment is consistent with the amount of work that has been completed, and that the work is in accordance with the contract documents and this Agreement. The request for payment shall also be accompanied by documentation acceptable to the County, such as invoices, or vouchers for services or materials purchased, contractor's costs, or other costs chargeable to the Project. After appropriate review and inspection, the County shall make payment from CDBG funds provided in this Agreement for all eligible costs specified herein up to the maximum amount payable under Section I.

B. Any savings realized in the final cost of the Project, due to Project cost 10 1 and/or scope of work reductions, liquidated damages, or any other reason, shall be used to reduce 2 the amount of this Project paid for with CDBG funds , and shall be credited to the City's CDBG 3 allocation. If the City is required to provide any funds toward the Project, any cost savings shall be 4 first used to reimburse the City for its contribution in excess of the total amount provided by this 5 Agreement.
6 C. Payment for advertising and award shall be based on the actual costs of 7 printing and noticing.
8 D. The County shall not be bound by any agreement between the City and its 9 agents.
10 E. Upon the completion of the Project, the City shall submit to the Division a 11 written request for final payment of costs, which shall provide a detailed description of the Project 12 pay items and costs. The County shall not be obligated to make any payments under this 13 Agreement if the request for payment is submitted by the City more than sixty (60) calendar days 14 after the NOC has been filed with the County Recorder's Office. An extension to the sixty (60) 15 calendar day period may be granted by the Director prior to the deadline if the City can demonstrate 16 just cause for the delay.
17 F. The County may withhold reimbursement of the final payment request made 18 by the City until a final POM, recorded NOC, and written summary of all Project work completed 19 with CDBG and other funds, and evidence of compliance with the Section 3 clause, as specified 20 in Sections III-P and IV-D, have been submitted to the County. 21 22
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G.

H.

All requests for payment and supporting documentation shall be sent to:

Business Manager
County of Fresno
Department of Public Works and Planning
Financial Services Division
2220 Tulare Street, 6th Floor
Fresno, CA 93721
[email protected] (if submitted by email) The City shall establish accounting and bookkeeping procedures in 27 accordance with standard accounting and bookkeeping practices, including , but not limited to, 28 employee timecards, payrolls , and other records of all transactions to be paid with CDBG funds in 11 1 accordance with the performance of this Agreement. All records and accounts shall be available 2 for inspection by the County, the State of California, if applicable, the Comptroller General of the 3 United States, and HUD or any of their duly authorized representatives, at all reasonable times, 4 for a period of at least five (5) years following final payment under this Agreement, or the closure 5 of all other pending matters, whichever is later. The City shall certify accounts when required or 6 requested by the County.
7 I. The City, as a sub-recipient of Federal financial assistance, is required to 8 comply with the provisions of the Single Audit Act Amendments of 1996 (31 U.S.C. Sections 7501 9 et seq.). Whenever the City expends and/or receives CDBG funds from the County for the Project, 1 O a copy of any audit performed by the City in accordance with said Act shall be forwarded to the 11 County Community Development Grants Program Manager within nine (9) months of the end of 12 any City fiscal year in which funds were expended and/or received for the Project. Failure to 13 perform the requisite audit functions as required by this paragraph may result in the County 14 performing any necessary audit tasks, or, at the County's option, the County contracting with a 15 public accountant to perform the audit. All audit costs related to the City's failure to perform the 16 requisite audit are the sole responsibility of the City, and such audit work costs incurred by the 17 County shall be billed to the City, as determined by County's Auditor-Controller/Treasurer-Tax 18 Collector. In the event the City is only required to perform an audit under the provisions of the Act 19 because the City is receiving CDBG funds, the County may perform, or cause to be performed, 20 the required audit to determine whether funds provided through this Agreement have been 21 expended in accordance with applicable laws and regulations. Any audit-related costs incurred by 22 the County under this provision shall be charged to the County CDBG Program. The City agrees 23 to take prompt and appropriate corrective action on any instance of material non-compliance with 24 applicable laws and regulations.
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J. The City shall send a copy of the audit to:

Community Development Grants
County of Fresno
Department of Public Works and Planning
Comm.unity Development Division
2220 Tulare Street, 6th Floor
Fresno, CA 93721
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2 VI. INDEMNIFICATION
The City shall indemnify and hold harmless and defend the County (including its 3 officers, agents, employees, and volunteers) against all claims, demands, injuries, damages, 4 costs, expenses (including attorney fees and costs), fines, penalties, and liabilities of any kind to 5 the County, the City, or any third party that arise from or relate to the performance or failure to 6 perform by the City (or any of its officers, agents, subcontractors, or employees) under this 7 Agreement. The County may conduct or participate in its own defense without affecting the City's 8 obligation to indemnify and hold harmless or defend the County. The provisions of this Section VI 9 shall survive the expiration or termination of this Agreement. 10 VII. TIME OF PERFORMANCE
11 A. The following schedule shall commence on the date this Agreement is 12 executed by the County:
13 14 - December 31, 2024.
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17 18 B.

1. 2.

3. Complete Design Engineering and Submit to the County for Review Complete County Review and Approval of Plans - March 28, 2025.

Begin Advertising for Bids - April 1, 2025.

4. Award Contract - May 27, 2025.

The Project shall be completed, and NOC shall be filed with the Fresno 19 County Recorder's Office, no later than December 9, 2025. 20 C. The final POM Report, written summary of all work completed, 21 documentation demonstrating compliance with Section 3 of the Housing and Urban Development 22 Act of 1968, as amended, and request for final payment shall be submitted to the County no later 23 than February 7, 2026.
24 D. The City shall give immediate written notification to the Division of any 25 events that occur which may affect the above time schedule and completion date and the time 26 schedule specified in the contract documents, or any event that may have significant impact upon 27 the Project or affect the attainment of the Project's objectives. The Director is authorized to adjust 28 the above schedule if, in the Director's judgment, any delay is beyond the control of the parties 13 1 involved.
2 E. Time is of the essence in the City's performance of this Agreement. 3 VIII. BREACH OF AGREEMENT
4 In the event the City fails to comply with any of the terms of this Agreement, the 5 County may, at its option, deem the City's failure a material breach of this Agreement, and utilize 6 any remedies permitted by law that the County deems appropriate. Should the County deem a 7 breach of this Agreement material, the County shall immediately be relieved of its obligations to 8 make further payment as provided herein. Termination of this Agreement due to breach shall not, 9 in any way whatsoever, limit the rights of the County in seeking any other legal relief in a court of 1 O law or equity, including the recovery of damages. In addition to the termination of the Agreement 11 by the County due to a material breach of this Agreement by the Subrecipient, the County may 12 also terminate this Agreement for convenience, in accordance with state and federal law. 13 14
IX. TERMINATION OF PROJECT
A. If the City wishes to cancel the Project covered by this Agreement, the City 15 shall submit a request in writing to the Division explaining just cause for the request. The County 16 is authorized to approve such a request if it determines there is just cause for the Project's 17 cancellation.
18 B. If the City's request to cancel the Project covered by this Agreement is 19 approved by the County, the City shall promptly reimburse to the County the amount of all CDBG 20 funds provided to the City for the Project. The reimbursed amount of funds shall be credited back 21 to the City's CDBG allocation.
22 X. VENUE; GOVERNING LAW
23 Venue for any action arising out of or relating to this Agreement shall only be in 24 Fresno County, California. The rights and obligations of the parties, and all interpretation and 25 performance of this Agreement shall be governed in all respects by the laws of the State of 26 California.
27 28
XI. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the City and the County 14 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
with respect to the subject matter hereof, and supersedes all previous negotiations, proposals, commitments, writings, advertisements, publications, and understandings of any nature whatsoever unless expressly included in this Agreement.

XII. NO THIRD-PARTY BENEFICIARIES
This Agreement does not and is not intended to create any rights or obligations for any persons or entity except the parties. This Agreement is solely for the benefit of the County and the City and HUD, and there are no [other] intended third party beneficiaries of this Agreement.

XIII. AUTHORIZED SIGNATURES
The City represents and warrants to the County that:

A. The City is duly authorized and empowered to sign and perform its obligations under this Agreement.

B. The individual signing this Agreement on behalf of the City is duly authorized to do so and his or her signature on this Agreement legally binds the City to the terms of this Agreement.

XIV. ELECTRONIC SIGNATURES
16 The parties agree that this Agreement may be executed by electronic signature as 17 provided in this section.
18 A. An "electronic signature" means any symbol or process intended by an 19 individual signing this Agreement to represent their signature, including but not limited to (1) a 20 digital signature; (2) a faxed version of an original handwritten signature; or (3) an electronically 21 scanned and transmitted (for example by PDF document) version of an original handwritten 22 signature.
23 B. Each electronic signature affixed or attached to this Agreement (1) is 24 deemed equivalent to a valid original handwritten signature of the person signing this Agreement 25 for all purposes, including but not limited to evidentiary proof in any administrative or judicial 26 proceeding, and (2) has the same force and effect as the valid original handwritten signature of 27 that person.
28 Ill
15 1 C. The provisions of this section satisfy the requirements of Civil Code 2 section 1633.5, subdivision (b ), in the Uniform Electronic Transaction Act (Civil Code, Division 3, 3 Part 2, Title 2.5, beginning with section 1633.1 ).
4 D. Each party using a digital signature represents that it has undertaken and 5 satisfied the requirements of Government Code section 16.5, subdivision (a), paragraphs (1) 6 through (5), and agrees that each other party may rely upon that representation. 7 E. This Agreement is not conditioned upon the parties conducting the 8 transactions under it by electronic means and either party may sign this Agreement with an 9 original handwritten signature.
10 Ill
11 Ill
12 Ill
13 Ill
14 Ill
15 Ill
16 Ill
17 Ill
18 Ill
19 Ill
20 Ill
21 Ill
22 Ill
23 I II
24 I II
25 I II
26 I II
27 I II
28 I II
16 1 IN WITNESS WHEREOF, the parties have executed this Agreement on the date set forth on 2 page one of this Agreement.
3 4 CITY OF REEDLEY
5 6 By: __________ _
7 8
9 Nicole Zieba, City Manager
Date: -------------
10 ATTEST:
11 12
13 14
15 16
17 City Clerk, City of Reedley
APPROVED AS TO LEGAL FORM:
18 City Attorney
19 20
21 FUND NO: 0001
22 SUBCLASS NO: 10000
ORG NO: 7205
23 ACCOUNT NO: 7885
PROJECT NO: N24571
24 ACTIVITY CODE: 7219
25 26 JA:PD

COUNTY OF FRESNO
Nathan Magsig, Chairman of the
Board of Supervisors of the
County of Fresno
Date: ___________ _
ATTEST:

Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno, State of California
By: ___________ _
Deputy
REMIT TO:

City of Reedley
Attn: Nicole Zieba, City Manager
1717 gth Street
Reedley, CA 93654
Telephone: (559) 637-4200
G:\7205ComDev\-Agendas-Agreements\2024\0820 Reedley Rupert & Church Reconstruct 24571_AGT.docx July 8, 2024
27 28
17 Exhibit 1
County of Fresno
Project Outcome Measurement Report
Project #: 24571 Project Name: Reedley Rupert & Church Reconstruction The County of Fresno is required to submit information annually on each project funded with Community Development Block Grant (CDBG) funds, per U.S. Department of Housing and Urban Development (HUD) guidelines. As a recipient of CDBG funds from the County, the County requests that you provide the following information:

1. Years Reported: ________ through ________ _

2. Enter the number of persons assisted that:
a. Now have new access to this type of public facility or infrastructure improvement: ___ or N/A
(New access to a public facility or infrastructure is when the facility did not previously exist and is provided for the first time.)
b. Now have improved access to this type of public facility or infrastructure improvement: ___ or N/A
(Improved access to a public facility or infrastructure is when the facility or infrastructure is improved or expanded, enabling the grantee to expand the number of people or type of service the facility provides.) c. Are served by this public facility or infrastructure improvement that is no longer substandard: ___ or N/A
(A public facility or infrastructure is no longer substandard when the CDBG funds were used to meet a quality standard, or measurably improve the quality of the facility or infrastructure.) (Note: The numbers of persons entered in a, b, and c, above, must add up to the total number of persons entered in question 3.)

3. Total number of persons assisted:

4. Please describe the accomplishments made on this project in the past year (i.e. construction progress). If the project is complete, please describe the overall accomplishments made on the project.

Form Completed By: __________________ _
Date
Business Manager
County of Fresno
Exhibit 2
Project Pay Request
Department of Public Works and Planning
Financial Services Division
2220 Tulare Street, 6th Floor
Fresno, CA 93721
Subject: Request for Payment, CDBG Project No. ___ _
<City Name>
<Project Title>
In accordance with the executed Agreement for the above-referenced project, the <City Name> is requesting payment of$ ___ for project costs.

The City certifies that this request for payment is consistent with the amount of work that has been completed to date, performed in accordance with the construction contract documents and the executed Agreement.

Sincerely,
<City Manager>
<City Name>
DATE:

TITLE:

By:

SUBMITTED:

APPROVED:

REEDLEY CITY COUNCIL
July 23, 2024
[8J Consent
D Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: ----

APPROVAL OF ITEMS PERTAINING TO THE SENIOR CONGREGATE
MEAL PROGRAM AT THE REEDLEY SENIOR CENTER:

A) ADOPT RESOLUTION NO. 2024-057 AUTHORIZING THE CITY
MANAGER TO EXECUTE CONTRACT NO. 25-0171 AND ALL

SUPPORTING DOCUMENTS WITH THE FRESNO-MADERA AREA

AGENCY ON AGING (FMAAA)
B) ADOPT RESOLUTION NO. 2024-058 AMENDING THE 2024-25 CITY OF REEDLEY ADOPTED BUDGET APPROPRIATING $20,567 IN
FUND 027 SENIOR CITIZENS NUTRITION GRANT TO FUND THE

SENIOR CONGREGATE MEAL PROGRAM
Madison Mitchell ~/\ /\ ~ A /\
Recreation Superviso~ V ~ v v \
Sarah Reid
Community Services Dire tor
Nicole R. Zieba
City Manager

RECOMMENDATION
Approval of items pertaining to the Senior Congregate Meal Program at the Reedley Senior Center: A) Adopt Resolution No. 2024-057 authorizing City Manager to execute Contract No. 25-0171 and all supporting documents with the Fresno-Madera Area Agency on Aging (FMAAA) and B) Adopt Resolution No. 2024-058 amending the 2024-25 City of Reedley Adopted Budget appropriating $20,567 in Fund 027 Senior Citizens Nutrition Grant to fund the Senior Congregate Meal Program.

EXECUTIVE SUMMARY
For many years the City of Reedley has partnered with the FMAAA to provide meals for senior citizens 60 years and older. 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 1 no fee to participate, but the program does accept donations. The funding provided in the amount of $24,000 will cover a portion of staff time who are associated with this program.

FISCAL IMPACT
The $24,000 is allocated by FMAAA to cover a portion of staffs time who are associated with the implementation of 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 non-qualifying participants. All qualifying meals are covered by FMAAA and paid directly by them to the food vendor. Program details and budget amounts were not available in time to be included in the City of Reedley Proposed 2024-25 Fiscal Year Budget. Budget Amendment No. 2024-058 will align the City of Reedley Adopted Budget with the budget submitted in the contract to FMAAA.

ATTACHMENT

1. Contract no. 25-0171, Title Ill C1 Congregate Nutrition, Site Management

2. Resolution No. 2024-057

3. Budget Amendment No. 2024-058
2 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:

D Page 2, Area 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).

D Appendix A, Resolution of Authorization to Contract
Must contain signature of chair of service provider's governing board.

D Appendix B, Contractor Certification Clauses
Must contain signature of individual authorized by governing board to execute the contract (see Appendix A).

D 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.

D 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:

D Appendix D, Method of Providing Audit Compliance
D Exhibit B, Budget: Email Excel version to [email protected]; submit 2 hard copies with contract.

D Exhibit E, Program Narrative: Email Word version to [email protected], submit 2 hard copies with contract.

D Exhibit F, Service Provider Emergency Resource Information Please attach two sets of the following to this page:

D 1. List of all 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. ~ 2. Certificate(s) of Insurance Please review Article XV of Agreement prior to arranging for certificate to ensure all contractual requirements for insurance certificate are met and specific contract language included on certificate. ~ 3. Copy of IRS Determination Letter of Tax-Exempt Status if a non-governmental organization. ffi 4. Organizational chart, including names and position titles for contracted program ISf1 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 ~ 6. List of Governing Board members
~ 7. List of Advisory Council or Advisory Committee members (if applicable) ~ 8. Current documents (i.e. flyers, brochures) used to promote the contracted program Documents Required to Execute Contract
Area Plan Grant Award
FY 2024-2025
Area Plan Grant Award
Table of Contents
Documents Required to Execute Contract ................................................................... i CONTRACT ................................................................................................................. 1 AREA PLAN GRANT AWARD TERMS AND CONDITIONS DECLARATION ......... 3 Article I.

Article II.

Article 111.

Article IV.

Article V.

Article VI.

Article VI I.

Article VI 11.

Article IX.

Article X.

Article XI.

Article XI I.

Article XI 11.

Article XIV.

Article XV.

Article XVI.

Article XVI I.

Article XVI 11.

Article XIX.

Article XX.

Definitions and Resolutions of Language Conflicts ..................... 3 Agreement ................................................................................... 6 Term of Agreement ...................................................................... 6 Reasonableness of Compensation .............................................. 6 Assurances .................................................................................. 7 Funds ........................................................................................ 30 Budget and Budget Revision ..................................................... 34 Payment .................................................................................... 37 Subcontracts ............................................................................. 38 Records and Reports ................................................................. 41 Property ..................................................................................... 43 Access ....................................................................................... 46 Monitoring and Evaluation ......................................................... 46 Audit Requirements ................................................................... 48 Insurance ................................................................................... 54 Donations .................................................................................. 56 Termination ............................................................................... 56 Remedies and Appeal Process ................................................. 60 Amendments, Revisions or Modifications .................................. 60 Notices ...................................................................................... 61 Area Plan Grant Award
Table of Contents
ii FY 2024-2025

APPENDICES
Area 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 lnforrnation .......... Appendix I Community Focal Points List.. ..................................................................... Appendix J Request for Taxpayer Identification Number and Certification .................... Appendix K

EXHIBITS
Program Exhibit ................................................... ............................................ Exhibit A Budget ............................................................................................................ Exhibit B Annual Summary of Activities .......................................................................... Exhibit C Program Cost Efficiency .................................................................................. Exhibit D Program Narrative ........................................................................................... Exhibit E Service Provider Emergency Resource Information ........................................ Exhibit F Area Plan Grant Award
Table of Contents
iii FY 2024-2025

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 July 1, 2024 to June 30, 2025, subject, however, to earlier termination as provided herein.

C. No expenditure or obligation for the funding allocation for the July 1, 2024 through June 30, 2025 period may be incurred after June 30, 2025.

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

Approved by Fresno-Madera Area Agency on Aging Governing Board on April 17, 2024 .

Federal Granter: U.S. Department of Health and Human Services Pass Through Granter: Fresno-Madera Area Agency on Aging Older Americans Act Title: Title Ill C1 Congregate Nutrition, Federal CFDA No. 93.045 Contract No.: 25-0171 I Service: I Site Management
Site Funding Period: Contract Period Grant Amount
Reedley Senior Center July 2024-June 2025 Maximum Expenditure: $24,000 E. This document together with any attached program exhibits, assurances, budgets, and narratives is a firm agreement to provide services for older Americans in Fresno and/or Madera counties (including cities contained therein) as specified in a manner consistent with the intent of, and regulations applicable to, service programs under Title 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.

Area Plan Grant Award Contract Page 1 FY 2024-2025
FOR SERVICE PROVIDER:

Signature··or{ndividual named on Exhibit E, page 5, as having primary, hands-of nj_olvement and oversight of the day-to-day operations of the contracte.ri program.
· --r-- .

CJ oclr Bciei/o , Sen r ~ Lrh ? ens Coodr;za_.s
Type Name . Title
Signature of Authorized Contracting Official
(Refer to Appendix A)
,
· rJ ,- Col L (L - r,~ cfo tA_
Type Name
Contractor Federal Employer I.D. Number
FOR FRESNO-MADERA AREA AGENCY ON AGING:

Signature
Type Name
Area Plan Grant Award Contract Page2
Date
Date
Executive Director
Title'
FY 2024-2025

FRESNO-MADERA AREA AGENCY ON AGING

AREA PLAN GRANT AWARD

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

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

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

C. "Allocation" means the process of assigning a cost, or a group of costs, to one or more cost objective(s), in reasonable proportion to the benefit provided or other equitable relationship. The process may entail assigning a cost(s) directly to a final cost objective or through one or more intermediate cost objectives. (2 CFR §200.1 and 45 CFR §75.2)
D. "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. Cal. Civ. Code: California Civil Code (CIV)
F. Cal. Gov. Code: California Government Code (GC)
G. Cal. Pub. Con. Code: California Public Contract Code (PCC) H. "CCR" means California Code of Regulations.

I. "CFR" means Code of Federal Regulations.

Area Plan Grant Award 3 FY 2024-2025
Terms and Conditions Declaration
J. "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) L. HHS: Means United States Department of Health and Human Services M. OAA: Means Older Americans Act
N. OCA: Means Older Californians Act
O. 0MB: Means Federal Office of Management and Budget
P. "In-Kind Contributions" means the value of non-cash contributions donated to support the project or program (e.g. property, service, etc.).

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

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

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

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

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

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

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

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

Area Plan Grant Award 4 FY 2024-2025
Terms and Conditions Declaration
U. "Recoverable cost" means the questioned cost identified from an audit.

V. "Reimbursable item" also means "allowable cost" and "compensable item." W. "State" and "Department" means the State of California and the California Department of Aging (CDA) interchangeably.

X. "Subcontract" means any form of legal agreement between the Contractor and the Subcontractor, including an agreement that the Contractor or Subcontractor would consider to be a contract, including vendor type Agreements for providing goods or services under this Agreement.

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

Z. "USC" means United States Code.

AA. As used throughout this Agreement, the term "shall" is mandatory; the term "may" is permissive.

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

1. The Grant Terms and Conditions

2. The Older Americans Act and other applicable federal statutes and their implementing regulations.

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

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

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

6. Any other documents incorporated herein by reference, including, if applicable, the federal Health and Human Services (HHS) terms and conditions found in Part II of the HHS Grant Policy Statement. The HHS Grant Policy Statement is available under the HHS Policy Requirements Topic at: https://www.hhs.gov/grants.grants.grants-policiesregulations/index/html Area Plan Grant Award 5 FY 2024-2025
Terms and Conditions Declaration
ARTICLE II. AGREEMENT
A. All elements of this Agreement, as defined in Article I, Section 8, and as approved by the Agency on Aging in making this award, are hereby incorporated by reference, as if fully set forth herein.

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

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

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

8. The term of this Agreement is from July 1, 2024, through June 30, 2025, at which time the Agreement expires, subject however, to earlier termination or cancellation as herein provided. Contract awards are limited to a one-year period; however, at the discretion of the Agency on Aging, contracts may be renegotiated up to a maximum of three additional one-year periods subject to annual renegotiation and availability of federal, State, and local funding.

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

ARTICLE IV. REASONABLENESS OF COMPENSATION
Compensation for work or services performed under this Agreement shall be reasonable and based on an analysis of job requirements and comparability with similar work or services in the local labor market.

Area Plan Grant Award 6 FY 2024-2025
Terms and Conditions Declaration
ARTICLE V. ASSURANCES
A. Agreement Authorization

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

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

B. Administration

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

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

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

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

Area Plan Grant Award 7 FY 2024-2025
Terms and Conditions Declaration

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

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

C. Debarment, Suspension, and Other Responsibility Matters

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

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

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

Area Plan Grant Award 8 FY 2024-2025
Terms and Conditions Declaration

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

D. Law, Policy and Procedure, Licenses, and Certificates The Contractor agrees to administer this Agreement and require any subcontractors to administer their subcontracts in accordance with this Agreement, and with all applicable local, State, and federal laws and regulations including, but not limited to, discrimination, wages and hours of employment, occupational safety, and to fire, safety, health, and sanitation regulations, directives, guidelines, and/or manuals related to this Agreement and resolve all issues using good administrative practices and sound judgment.

The Contractor and its subcontractors shall keep in effect all licenses, permits, notices, and certificates that are required by law.

E. Provision of Services, Staffing, and Standards of Work

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

2. The Contractor shall make every effort to meet the goals and objectives stipulated in this Agreement. Performance shall not be unilaterally reduced or otherwise changed without prior consultation with, and written approval of, the Agency on Aging. A service unit reduction that impacts the Agency's ability to provide service levels defined in its Area Plan or Area Plan Update service unit objectives requires:
a. Written approval from the California Department of Aging to the Agency on Aging if such reduction is greater than ten percent ( 10% ). b. An Amendment to the Agency on Aging's Area Plan if such reduction is greater than twenty percent (20% ), including a public hearing; approval by the Agency's Governing Board and Advisory Council chairpersons and the Agency's Executive Director; and approval by the California Department of Aging. [22 CCR §7306(a)]

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

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Terms and Conditions Declaration

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

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

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

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

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

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

3. California Civil Rights Laws (Public Contract Code §2010) a. For contracts of $100,000 or more, executed or renewed after January 1, 2017, the Contractor certifies compliance with the Unruh Civil Rights Act (Section 51 of the Civil Code) and the Fair Employment and Housing Act (Section 12960 of the Government Code).

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

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

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

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

H. Information Confidentiality and Security:

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

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

2. Definitions
a. Breach:

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11 FY 2024-2025
i. the unauthorized acquisition, access, use or disclosure of California Department of Aging and the Agency on Aging PSCI in a manner in which compromises the security, confidentiality, or integrity of the information; or
ii. The same definition of "breach of the security system" set forth in California Civil Code section 1798.29 subdivision (f): or iii. The same as the definition of "breach" set forth in the Health Insurance Portability and Accountability Act Privacy Rule, 45 Code of Federal Regulations 164.402.
b. Confidential Information: Information that is exempt from disclosure under the provisions of the California Public Records Act (Government Code section 7920.000 Et seq.).
c. Disclosure: the release, transfer, provision of, access to, or divulging in any manner of information outside the entity holding the information
d. PSCI: "personal information", "sensitive information", and "confidential information" (as these terms are defined herein). e. Personal Information: Information that identifies or describes an individual, including, but not limited to, their name, social security number, physical description, home address, home telephone number, education, financial matters, and medical or employment history. It is CDA's policy to consider all information about individuals private unless such information is determined to be a public record. Personal Information also includes the following:

Area Plan Grant Award
i Notice-Triggering Personal Information: Specific items of personal information (name plus Social Security number, driver license/California identification card number, or financial account number) that may trigger a requirement to notify individuals if it is acquired by an unauthorized person. For purposes of this provision, identity shall include, but not be limited to name, identifying number, symbol, or other identifying information assigned to the individual, such as finger or voice print or a photograph. See Civil Code section 1798.29.
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ii. Protected Health Information (PHI): The term "PHI" refers to and includes both "PHI" as defined at 45 CFR section 160.103 and Personal Information (Pl) as defined in the Information Practices Act at California Civil Code section 1798.3(a). PHI includes information in any form, including paper, oral, and electronic.
f. Public Information: Information that is not exempt from disclosure under the provisions of the California Public Records Act (Government Code sections 7920.000 Et seq.).
g. Security Incident:
i. A breach or attempted breach; or
ii. The attempted or successful unauthorized access, disclosure, modification, or destruction of Agency on Aging or CDA PSCI, in violation of any state or federal low or in a manner not permitted under this agreement; or
iii. The attempted or successful modification or destruction of, or interference with, the contractor's system operations in an information technology system, that negatively impacts the confidentiality, availability, or integrity of Agency on Aging PSCI; or
iv. Any event that is reasonably believed to have compromised the confidentiality, integrity, or availability of an information asset, system, process, data storage, or transmission. Furthermore, an information security incident may also include an event that constitutes a violation or imminent threat of violation of information security policies or procedures, including
acceptable use policies.
h. Sensitive Information: Information that requires special precautions to protect from unauthorized use, access, disclosure, modification, loss, or deletion. Sensitive Information may be either Public Information or Confidential Information. It is information that requires a higher-than-normal assurance of accuracy and completeness. Thus, the key factor for Sensitive Information is that of integrity. Typically, Sensitive Information includes records of agency financial transactions and regulatory actions.

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3. Disclosure Restrictions
The contractor shall protect Agency on Aging PSCI from unauthorized disclosure. The contractor shall not disclose, except as otherwise specifically permitted by this agreement, any Agency on Aging PSCI to anyone other than Agency on Aging personnel or programs without prior written authorization from the Agency on Aging or the California Department of Aging.
a. The contractor and the Agency on Aging mutually agree that the creation, receipt, maintenance, transmittal, and disclosure of date from the Agency on Aging containing Personal Health Information (PHI) shall be subject to the Health Insurance Portability and Accountability Act of 1996 and its implementing privacy and security regulations at 45 CFR Parts 160 and 164 ( collectively and as used in this agreement, HIPPA). The contractor agrees to provide the same, or greater, level of protection to Agency on Aging data that would be required if the contractor were a Business Associate under HIPPA, regardless of whether the contractor is or is not a Business Associate.
b. To the extent that other state and/or federal laws provide additional, stricter and/or more protective ( collectively, more protective) privacy and/or security protections to Agency on Aging PSCI covered under this agreement beyond those provided through HIPPA, the contractor agrees:

Area Plan Grant Award
i. To comply with the more prot~ctive of the privacy and security standards set forth in applicable state or federal laws to the extent such standards provide a greater degree of protection and security than HIPPA or are otherwise more favorable to the individuals whose information is concerned; and
ii. To treat any violation of such additional and/or more protective standards as a breach or security incident, as appropriate. iii. Examples of laws that provide additional and/or stricter privacy protections to certain types of Agency on Aging PSCI as defined above in Section H definitions of this agreement, include but are not limited to the Information Practices Act, California Civil Code sections 1798-1798.78, Confidentiality of Alcohol and Drug Abuse Patient Records, 42 CFR Part 2, Welfare and Institutions Code Section 5328, and California Health and Safety Code section 11845.5.
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iv. If the Contractor is a Qualified Service Organization (QCS) as defined in 42 CFR section 2.11, the contractor agrees to be bound by and comply with subdivisions (2)(i) and (2) (ii) of that section.

4. Use Restrictions
The contractor shall not use any Agency on Aging or California Department of Aging PSCI for any purpose other than performing the contractor's obligations under this agreement.

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

The Contractor shall, at a minimum, utilize a National Institute of Standards and Technology Special Publication (NIST SP) 800-53 compliant security framework when selecting and implementing its security controls and shall maintain continuous compliance with NIST SP 800-53 as it may be updated from time to time. The current version of NIST SP 800-53, Revision 5, is available online at https://csrc.nist.gov/pubs/sp/800/53/r5/upd 1 /final; updates will be available online at https://csrc.nist.gov/publications/sp800. b. Removeable Media Devices
All electronic files that contain Agency on Aging PSCI data must be encrypted when stored on any removeable media or portable device (i.e., USB thumb drives, floppies, CD/DVD, smart devices, tapes, etc.). PSCI must be encrypted, at a minimum, using FIPS 140-2 certified algorithm or successor standards, such as Advanced Encryption Standard (AES), with a 128bit key or higher. c. Patch Management
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The Contractor shall apply security patches and upgrades and keep virus software up to date on all systems which PHI and other confidential information may be used.
d. Confidentiality Statement:

All people that will be working with the California Department of Aging and Agency on Aging PSCI must sign a confidentiality statement (Appendix C), that includes at a minimum, General Use, Security and Privacy Safeguards, Unacceptable Use, and
Enforcement Policies. The statement must be signed by all people prior to accessing the Agency on Aging PSCI. The statement must be renewed annually. The contractor shall retain each person's written confidentiality statement for Agency on Aging inspection for a period of six (6) years following contract termination. e. Transmission and Storage of PSCI:

All persons that will be working with Agency on Aging PSCI shall employ with FIPS 140-3 compliant encryption of PHI, at rest and in motion, unless it has been determined that such encryption is unreasonable and inappropriate based upon a risk assessment and equivalent alternative measures are in place and documented as such
f. Minimum Necessary:

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

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

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Agency on Aging PSCI will be stored separately from other customers' data. Data will be stored and processed within the continental United States, and remote access to data from outside 16 FY 2024-2025
Terms and Conditions Declaration
the continental United States will be prohibited. Data will be encrypted such that unauthorized parties are unable to read the data within the database/data repositories or any backups.

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

7. Employee Discipline:

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

8. Background Check:

Before a person may access Agency on Aging PSCI, a thorough background check of that person must be conducted, with evaluation of the results to assure that there is no indication that the person may present a risk to the security or integrity of confidential data or a risk for theft or misuse of confidential data. The Contractor shall retain each person's background check documentation for a period of three (3) years following contract termination.
a. Mailing:

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

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

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The contractor shall designate a Security Officer to oversee its data security program who will be responsible for carrying out its privacy 17 FY 2024-2025
Terms and Conditions Declaration
and security programs and for communicating on security matters with Agency on Aging.
c. Mitigation of Harmful Effects:

The Contractor shall mitigate, to the extent practicable, any harmful effect that is known to the contractor of a use or disclosure of PSCI and other confidential information in violation of the requirements of this Agreement.
d. Access to, and Accounting For, Disclosure of PSCI:

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

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

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

11. Breaches and Security Incidents
The contractor shall implement reasonable systems for the discovery and prompt reporting of any breach or security incident, and take the following steps:
a. Notice to the Agency on Aging
The Contractor shall notify the Agency on Aging immediately by Area Plan Grant Award 18 FY 2024-2025
Terms and Conditions Declaration
email or telephone of the discovery of:
i. Unsecured Agency on Aging PSCI if the Agency on Aging PSCI is reasonably believed to have been accessed or acquired by an unauthorized person.
ii. Any suspected security incident which risks unauthorized access to Agency on Aging PSCI and/or other confidential information. iii. Any intrusion or unauthorized access, use, or disclosure of Agency on Aging PSCI in violation of this agreement: or iv. Potential loss of confidential data affecting this agreement v. Notice via email shall be made using the current CDA 1025 "Information Security Incident Report: form and shall include all information known at the time the incident is reported. The forms are available online at: https://aging.ca.gov/lnformation security/ vi. Upon discovery of a breach or suspected security incident, intrusion, or unauthorized access, use or disclosure of Agency on Aging PSCI, the Contractor shall:
a. Prompt corrective action to mitigate any risks or damages involved with the security incident or breach: and
b. Any action pertaining to such unauthorized disclosure is required by applicable Federal and State Laws and
regulations.
b. Investigation of Security Incident Breach
The contractor shall immediately investigate such security incident, breach, or unauthorized use or disclosure of Agency on Aging PSCI. c. Complete Report
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The contractor shall provide a complete report of the investigation to Agency on Aging within (10) working days of the discovery of the breach or unauthorized use or disclosure. The complete report must include an assessment of all known factors relevant to a determination of whether a breach occurred under applicable federal and state laws. The report shall include a full, detailed corrective action plan including information on measures that were taken to halt and/or contain improper use or disclosure. If the Agency on Aging requests information in addition to this report, the contractor 19 FY 2024-2025
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shall make reasonable efforts to provide the Agency on Aging with such information. Agency on Aging will review and approve or disapprove the contractor's determination of whether a breach occurred, whether the security incident or breach is reportable to the appropriate entities, if individual notifications are required, and the contractor's corrective action plan.
i. If the Contractor does not submit a complete report within the ten (10) working day time frame, the contractor shall request approval from the Agency on Aging within the ten (10) working timeframe for the complete report.
d. Notification of Individuals
If the cause of a breach is attributable to the contractor or its agents, the contractor shall notify individuals accordingly and shall pay all costs of such notifications as well as any costs associated with the breach. The notifications shall comply with applicable federal and state law. The Agency on Aging shall approve the time, manner, and content of any such notifications and their review and approval must be obtained before the notifications are made.
e. Responsibility for Reporting Breaches to Entities other than the Agency on Aging
If the cause of a breach of Agency on Aging PSCI is attributable to the contractor or its subcontractors, the contractor is responsible for all required reporting of the breach as required by applicable federal and state law.
f. Submission of Sample Notification to Attorney General:

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If notification to more than 500 individuals is required pursuant to California Civil Code section 1798.29, regardless of whether the contractor is considered only a custodian and/or non-owner of the Agency on Aging PSCI, the contractor shall, at its sole expense and at the sole election of the Agency on Aging, either:
i. Electronically submit a single sample copy of the security breach notification, excluding any personally identifiable information, to the Attorney General pursuant to the format, content, and timeliness provisions of Section 1798.29, subdivision ( e ). The contractor shall inform the Agency on Aging Privacy Officer:

Hillaree Bennett, of the time, manner, and content of any such submissions prior to the transmission of such submissions to the 20 FY 2024-2025
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Attorney General; or
ii. Cooperate with and assist the Agency on Aging in is submission of a sample copy of the notification to the Attorney General.

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

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

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

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

14. Audits, Inspections, and Enforcement
a. Agency on Aging Right to Inspect
From time to time, Agency on Aging may inspect the facilities, systems, books, and records of the contractor to monitor compliance with the safeguards required in the Information Confidentiality and Security Requirements (ICSR) section. The contractor shall promptly remedy any violation of any provision of this ICSR section. The fact that Agency on Aging inspects, or fails to inspect, or has the right to inspect, the contractor's facilities, systems, and procedures does not relieve the contractor of its responsibility to comply with this ICSR section.
b. Notification to Agency on Aging in Event the Contractor is Subject to Area Plan Grant Award 21 FY 2024-2025
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Other Audit:

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

15. Miscellaneous Provisions
a. Disclaimer:

Agency on Aging makes no warranty or representation that compliance by the contractor with this agreement will satisfy the contractor's business needs or compliance obligations. The contractor is solely responsible for all decisions made by the contractor regarding the safeguarding of Agency on Aging PSCI and other confidential information
b. Amendment:
i. Any provision of this agreement which conflicts with current or future applicable federal or state laws is hereby amended to conform to the provisions of those laws. Such amendment of this agreement hall be effective on the effective date of the laws necessitating it and shall be binding on the parties even though such amendment may not have been reduced to writing and formally agreed upon and executed by the parties.
ii. Failure by the contractor to take necessary actions required by amendments to this agreement shall constitute a material violation
c. Assistance in Litigation or Administrative Proceedings Area Plan Grant Award
The contractor shall make itself, its employees, and agents available to the Agency on Aging at no cost to Agency on Aging to testify as witnesses in the event of litigation or administrative proceedings being commenced against Agency on Aging, its director, officers, or employees based upon claimed violation of laws relating to security and privacy, and which involves inactions or actions by the contractor ( except where the contractor or its subcontractor, workforce employee, or agent is a named adverse party). 22 FY 2024-2025
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d. No Third-Party Beneficiaries
Nothing in this agreement is intended to or shall confer upon any third person, any rights, or remedies whatsoever.
e. Interpretation
The terms and conditions in this agreement shall be interpreted as broadly as necessary to implement and comply with regulations and applicable laws. The parties agree that any ambiguity in the terms and conditions of this agreement shall be resolved in favor of a meaning that complies and is consistent with federal and state laws and regulations.
f. No Waiver of Obligations
No change, waiver, or discharge of any liability or obligation hereunder on any one or more occasions shall be deemed a waiver of performance of any continuing or other obligation or shall prohibit enforcement of any obligation on any other occasion.
g. Return or Destruction of Agency on Aging PSCI on Expiration or Termination
At expiration or termination of the contract, if feasible, the contractor shall return or destroy all Agency on Aging PSCI that the contractor still maintains in any form and retain no copies of such information. If return or destruction is not feasible, Agency on Aging and the contractor shall determine the terms and conditions under which the contractor may retain the PSCI.
h. Data Sanitization
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All Agency on Aging PSCI must be sanitized using NIST Special Publication 800-88 standard methods for data sanitization when the Agency on Aging PSCI is no longer needed.
i. Survival
If return or destruction of Agency on Aging PSCI is not feasible upon the completion or termination of the contract, the respective rights, and obligations of the contractor under this Section shall survive the completion or termination of the contract between the contractor and the Agency on Aging. The contractor shall also limit further uses and disclosures of Agency 23 FY 2024-2025
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I.

J.

Copyrights
on Aging PSCI to those purposes that make the return or destruction of the information infeasible.

1. If any material funded by the Agency on Aging is subject to copyright, the State reserves the right to copyright such material and the contractor agrees not to copyright such material, except as set forth in Article V section 1.2.

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

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

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

Rights in Data

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

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

2. As used in this Agreement, the term "subject data" means writings, sound recordings, pictorial reproductions, drawings, designs or graphic representations, procedural manuals, forms, diagrams, workflow charts, equipment descriptions, data files and data processing or computer Area Plan Grant Award 24 FY 2024-2025
. Terms and Conditions Declaration
programs, and works of any similar nature (whether or not copyrighted or copyrightable) which are first produced or developed under this Agreement. The term does not include financial reports, cost analyses, and similar information incidental to contract administration.

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

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

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

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

Contractors and subcontractors that use Agency on Aging funds to produce educational material must receive approval from the California Department of Aging Office of Communications prior to production.

Additionally, subrecipients that use Agency on Aging funds to produce Pl&E materials must receive written approval from the CDA Office of Communications in order to use any CDA logo. Subrecipients should allow a minimum of ten (10) business days for approval; they should contact the CDA Office of Communications for assistance ( Com [email protected] .gov)
Contractors should also advise vendors that all materials used in the production of public outreach materials paid for with grant funds are the property of the contractor and the Agency on Aging and the CDA (i.e., data, plates, digital files, camera-ready artwork, designs, concepts, photographs, video and audio). The CDA reserves the right to use materials developed by the AAA and/or subcontractor.

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Inclusion of the logo and/or funding line should not interfere with the primary program messaging. Questions regarding the inclusion, size or placement of either logo or funding statement should be directed to the CDA Office of Communications
Comm [email protected] .gov
All documents produced must comply with Federal Acquisition Regulation, Section 508, which governs document accessibility L. S.W.A.G Ban
The contractor and its subcontractor shall comply with the Governor's Executive Order B-06-11, which bans expenditures on promotional and marketing items colloquially known as "S.W.A.G." or "Stuff We All Get." M. Advertising and Public Relations
All press releases or any program advertisement utilizing the CDA logo must be approved by the CDA Office of Communications prior to dissemination.

Approval is also required for all use of CDA logo or mention of CDA in materials. The contractor should email the draft press release to [email protected] at least fourteen (14) days in advance of the announcement or event and copy the appropriate CDA Program team.

The contractor must coordinate media and kick-off events with the CDA Office of Communications.

If CDA funds are used for outreach, including paid and earned advertising, all materials must receive preapproval from the CDA Office of Communications before publication or production. Any mention of the CDA name or organization in press or outreach materials requires prior approval. The appropriate CDA program manager will coordinate with this process. Materials should be submitted to the appropriate CDA program manager for the CDA Office of Communications for review. They will be assessed in batches of the first and fifteenth of each month, with a minimum ten (10) business day approval period.

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

1. The copyright/trademark in any work developed under a grant, sub grant Area Plan Grant Award 26 FY 2024-2025
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or contract under a grant or sub grant.

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

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

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

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

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

P. Conflict of Interest

1. The Contractor shall prevent employees, consultants, or members of governing bodies from using their positions for purposes including, but not limited to, the selection of subcontractors, that are, or give the appearance of being, motivated by a desire for private gain for Area Plan Grant Award 27 FY 2024-2025
Terms and Conditions Declaration
themselves or others, such as family, business, or other ties. In the event that the Agency on Aging determines that a conflict of interest exists, any increase in costs associated with the conflict of interest may be disallowed by the Agency on Aging, and such conflict may constitute grounds for termination of the Agreement.

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

Q . Covenant Against Contingent Fees

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

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

R. Facility Construction or Repair

1. This section applies only to Title 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:

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

S. Grievance Process

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

2. The Contractor shall notify older individuals of the grievance process available to them by:
a. Posting notification of the process in visible and accessible areas, such as the bulletin boards in multipurpose senior centers. For areas in which a substantial number of older individuals are non-English speaking, the notification shall also be posted in the primary language of a significant number of older individuals.
b. Advising homebound older individuals of the process either orally or in writing upon the Contractor's contact with the individuals.

3. Complaints may involve, but not be limited to, any or all of the following:
a. Amount or duration of a service.

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b. Denial or discontinuance of a service.
c. Dissatisfaction with the service being provided or with the service provider. If the complaint involves an issue of professional conduct that is under the jurisdiction of another entity, such as the California Medical Board or the State Bar Association, the complainant shall be referred to the proper entity.
d. Failure of the service provider to comply with any of the requirements set forth in CDA regulations or in this Agreement.

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

T. Disaster Plan

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

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

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

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

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

ARTICLE VI. FUNDS
A. Expenditure of Funds
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1. The Contractor shall expend all funds received to perform services outlined within agreement.

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

In State:

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

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

B. Accountability for Funds

1. The Contractor shall maintain accounting records for funds received under the terms and conditions of this Agreement. These records shall be separate from those for any other funds administered by the Contractor, and shall be maintained in accordance with Generally Accepted Accounting Principles and Procedures and the Office of Management and Budget's Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. [2 CFR §200] [45 CFR §75]

2. The Contractor shall ensure that funding for services as outlined herein are managed and prorated monthly to ensure that adequate Older Area Plan Grant Award 31 FY 2024-2025
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Americans Act funding is available to provide services through the ending date of this Agreement.

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

C. Financial Management Systems
D.

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

1. Financial Reporting.

2. Accounting Records.

3. Complete Disclosure.

4. Source Documentation.

5. Internal Control.

6. Budgetary Control.

7. Cash Management (written procedures).

8. Allowable Costs (written procedures).

Unexpended Funds

1. No later than March 31 of the Agreement year, the Contractor shall report to the Agency on Aging if any Older Americans Act funds will remain unexpended at the ending date of this Agreement.

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

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

4. Upon termination, cancellation, or expiration of this Agreement, or dissolution of the entity, the Contractor shall return to the Agency on Aging immediately upon written demand, any funds provided under this Area Plan Grant Award 32 FY 2024-2025
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Agreement, which are not payable for goods or services delivered prior to the termination, cancellation, or expiration of this Agreement, or the dissolution of the entity.

E. Funding Contingencies

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

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

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

G. Funding Reduction

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

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

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

H. Fiscal Provisions

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

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

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

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

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

B. The final date to submit a budget revision to the Agency on Aging for this Agreement is March 15, 2024.

C. Indirect Costs

1. The maximum reimbursement amount allowable for indirect costs is ten percent (10%) of the Contractor's Modified Total Direct Costs (MTDC), excluding in-kind contributions and nonexpendable equipment. Indirect costs shafl not exceed ten percent ( 10%) of the Contractor's MTDC per funding category.

2. Contractors requesting reimbursement for indirect costs shall retain on file an approved indirect cost rate accepted by all federal awarding Area Plan Grant Award 34 FY 2024-2025
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agencies or an allocation plan documenting the methodology used to determine the indirect costs.

3. Indirect costs exceeding the ten percent (10%) maximum may be budgeted as in-kind for purposes of meeting matching requirements in Title 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.

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

1. Program Income
a. Program Income must be reported and expended under the same terms and conditions as the program funds from which it is generated.
b. Program Income must be used to pay for current allowable costs of the program in the same fiscal year that the income was earned (except as noted in Section D.1.d of this Article).
c. For Title Ill B, Ill C, Ill D, Ill E, VII Ombudsman, and VII Elder Abuse Prevention, Ombudsman Citation Penalties Account, Licensing and Certification Program Funds, Skilled Nursing Facility Quality and Accountability Funds, CARES Act, Elder Justice Act, and Older Californians Act. Program Income must be spent before contract funds ( except as noted in Section D .1.d of this Article) and may reduce the total amount of contract funds payable to the Contractor. d. Program Income may not be used to meet the matching
requirements of this Agreement.
e. Program Income must be used to expand baseline services.

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f. If as a result of advanced funds, the project earns interest on funds awarded by the Agency on Aging, that interest shall be identified as income to the program and used for program expenditures, with full documentation on file for all programs.

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

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

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

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

2. The Contractor shall maintain a written record of all budget changes and clearly document line item budget changes. The record shall include the date, amount, and purpose of the transfer. This record shall be available Area Plan Grant Award 36 FY 2024-2025
Terms and Conditions Declaration
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. 0 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.

Minimum matching contributions for Older Americans Act funded grants awarded by the Fresno-Madera Area Agency on Aging are determined as follows:
a. Title Ill B Supportive Services (not including Ombudsman), Title Ill C1 Congregate Nutrition, and Title Ill C2 Home-Delivered Nutrition is forty percent ( 40% ).
b. Title Ill E Family Caregiver Support Program is thirty percent (30%).

Long-Term Care Ombudsman Program; Title VI I Elder Abuse c. Prevention; Title 111 D Health Promotion-Evidence Based: No Match Required

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

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

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

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

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

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

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

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

G. Closeout

1. Contractor is required to submit the Financial Closeout Report for this Agreement and Fixed Assets Acquired through Grants with the FresnoMadera Area Agency on Aging (FMAAA 32) to the Agency on Aging by July 15, 2024. All contractors are required to submit Program Property Inventory Certification annually, at the time of closeouts, to [email protected] or as instructed by FMAAA. If Agreement is terminated or cancelled prior to June 30, 2024, the Financial Closeout Report and FMAAA 32 shall be submitted to the Agency on Aging within fifteen (15) days of termination or cancellation of the Agreement.

2. Federal funds will be reduced proportionately to maintain the required matching ratios if a Contractor fails to report sufficient match.

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

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

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

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

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

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

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

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

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

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

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K. Small contracts (under $100,000) in the aggregate do not require a competitive process [CCR 7352(9)]. In the case of small contracts, a contractor only obtain a price or rate quotations from a number of qualified sources and informally select the source with which to contract or obtain the purchase.

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

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

3. The Contractor must maintain all documentation on file that supports a noncompetitive award to a for-profit entity, as well as the Agency on Aging's determination letter.

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

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

1. The request for Proposal (RFP) or Invitation to Bid

2. All bid proposals received

3. The proposal or bid evaluation documentation, along with the contractor's rationale for awarding the subcontract to a for-profit entity (22 CCR 7362].

4. Description and documentation of dissemination of
information concerning the RFP to elicit adequate
competition (22 CCR 7356].

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FY 2024-2025
Where a program may be subcontracted to a for-profit organization, the AAA should include in its contract with the for-profit entity, a requirement for performance of a program specific audit of the subcontracted program by an independent audit firm.

N. The contractor shall refer to 2 CFR 200.331, Subpart D-Subrecipient and Contractor Determinations and 45 CFR 75.351, Subpart D-Subrecipient and Contractors Determinations in making a determination if a subcontractor relationship exists. If such a relationship exists, then the contractor shall follow the procurement requirements in the applicable Office of Management and Budgets (0MB) Circular.

0. The contractor shall utilize procurement procedures as follows:

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

2. For goods and services purchased with Title Ill or Title VII funds, the procurement procedures must include, at a minimum, the requirements set forth in 22 CCR 7352. The only exceptions are contained in 22 CCR 7360(a) and 22 CCR 7360(d). The contractor issuing a noncompetitive award must comply with 22 CCR 73600 (b)-(d).

ARTICLE X. RECORDS AND REPORTS
A. Records

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

2. All such records, including confidential records, must be maintained and made available by the Contractor as follows:

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a. Until an audit of the July 1, 2024 through June 30, 2025 period of expenditures has occurred and an audit resolution has been issued or unless otherwise authorized in writing by the Agency on Aging or the California Department of Aging's Audit and Risk Management Branch;
b. For such longer period, if any, as is required by applicable statute, by any other clause of this Agreement, or by Sections 3 and 4 of this Article; and
c. For such longer period as the Agency on Aging or the State deems necessary.

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

4. In the event of any litigation, claim, negotiation, audit exception, or other action involving the records, such records shall be maintained and kept available until every action has been cleared to the satisfaction of the Agency on Aging and the State and so stated in writing to the Contractor.

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

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

B. Reports

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

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

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

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

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

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

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

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

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

1. Has a normal useful life of at least one (1) year and has a unit acquisition cost of at least $5,000 (a desktop or laptop setup is considered a unit, if purchased as a unit).

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

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

C. Intangibles are property which lack physical substance but give valuable rights to the owner. Examples of intangible property include patents, copyrights, leases, and computer software. By contrast, hardware consists of tangible Area Plan Grant Award 43 FY 2024-2025
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equipment (e.g., computer printer, terminal, etc.). Costs include all amounts incurred to acquire and to ready the intangible asset for its intended use.

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

D. EquipmenUProperty with per unit cost over $5,000 or any computing devices, regardless of cost, requires justification from the Contractor and approval from the California Department of Aging. The Contractor must submit a detailed listing of planned EquipmenUProperty purchases in its budget to the Agency on Aging ( Schedule of Program/Site Supplies and Equipment Purchases, page 4 of Exhibit B, Budget). Please note an approved budget is not approval for equipment purchases. The Agency on Aging will notify the Contractor when the California Department of Aging has rendered an approval decision.

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

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

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

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

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

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

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

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

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

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

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

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

M. The State reserves title to all property purchased or financed with funds provided through the Agency on Aging that is not fully consumed in the performance of this Agreement, including property acquired with grant funds, Area Plan Grant Award 45 FY 2024-2025
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matching funds, monetary donations, and in-kind donations as entered on the budget, budget revisions, and/or closeout report for this Agreement, unless otherwise required by federal law or regulations.

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

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

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

R. 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.

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

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

ARTICLE XII. ACCESS
A. The Contractor shall provide access to the Agency on Aging, federal or State contracting agency, Bureau of State Audits, the Comptroller General of the United States, or any of their duly authorized federal or State representatives to any books, documents, papers, and records of the Contractor or subcontractor which are directly pertinent to this specific Agreement for the purpose of an audit, examination2 excerpts, and transcriptions. The Contractor shall include this requirement in its subcontracts.

ARTICLE XIII. MONITORING AND EVALUATION
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A. Welfare and Institution Code (WIC) (Division 8.5 Mello-Granlund Older Californians Act [9000 - 9757 .5] Chapter 2. California Department of Aging [9100-9118.5] Article 1. General provisions [9100-9114] Section 9102 (a)) states that the State Unit of Aging shall administer all programs under the Older Americans Act of 1965, as amended, and this division, including providing ongoing oversight, monitoring, and service quality evaluation to ensure that service providers are meeting standards of service performance established by the department.

The Agency on Aging and Office of the Long-Term Care Ombudsman conduct on site/remote monitoring visits to ensure that the contractor( s) are in compliance with all federal and State laws, regulations, policies, contracts or grant agreements (Administrative); Performance goals are achieved (Program); and Federal awards are used for authorized purposes (Fiscal).

Comprehensive onsite/remote assessments are conducted at a minimum once every four years as resource permit.

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

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

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

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

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

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ARTICLE XIV. AUDIT REQUIREMENTS
A. General

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

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

3. All agreements entered into by Contractor and subcontractors with audit firms for purposes of conducting independent audits under this Agreement shall contain a clause permitting any duly authorized representative of the federal or State government and the Agency on Aging access to the supporting documentation of said audit firm( s ).

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

B. CDA Fiscal and Compliance Audits

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

2. The CDA fiscal and compliance audits may include, but not be limited to, a review of:

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a. Financial closeouts (2 CFR §200.1 and 45 CFR §75.2). b. Internal controls (2 CFR §200.303 and 45 CFR §75.303). c. Allocation of expenditures (2 CFR §200.1 and 45 CFR §75.2). d. Allowability of expenditures (2 CFR §200.403 and 45 CFR §75.403). e. Equipment expenditures and approvals, if required (2 CFR §200.439 and 45 CFR §75.439).

C. Contractor Single Audit Reporting Requirements

1. Contractors that expend $750,000 or more in federal funds shall arrange for an audit to be performed as required by the Single Audit Act of 1984, Public Law 98-502; the Single Audit Act Amendments of 1996, Public Law 104-156; 2 CFR §200.501 to 200.521; and 45 CFR §75.501 to

75.521. A copy shall be submitted to the Agency on Aging's mailing address:

Fresno-Madera Area Agency on Aging
2037 West Bullard Avenue #512
Fresno, California 93711

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

3. For purposes of reporting, the Contractor shall ensure that State-funded expenditures are displayed discretely along with the related federal expenditures in the single audit report's "Schedule of Expenditures of Federal Awards" (SEFA) under the appropriate Catalog of Federal Domestic Assistance (CFDA) number as referenced in Section L of this Article.

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

D. The Contractor shall perform a reconciliation of the "Financial Closeout Report" to the audited financial statements, single audit, and general ledgers.

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The reconciliation shall be maintained and made available for Agency on Aging and CDA review.

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

G. Contract resolution includes:

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

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

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

H. When alternative procedures are used, the Contractor shall perform financial management system testing which provides, in part, for the following:

1. Accurate, current, and complete disclosure of the financial results of each federal award or program.

2. Records that identify adequately the source and application of funds for each federally funded activity.

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3. Effective control over, and accountability for, all funds, property, and other assets to ensure these items are used solely for authorized purposes.

4. Comparison of expenditures with budget amounts for each federal award.

5. Written procedures to implement the requirements of 2 CFR §200.305.

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

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

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

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

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

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

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

4. All inclusive: Includes an opinion (or disclaimer of opinion) of the financial statements; a report on internal control related to the financial statements and major programs; an opinion (or disclaimer of opinion) on compliance with laws, regulations, and the provisions of contracts; and the schedule of findings and questioned costs. [2 CFR §200.515 and 45 CFR §75.515]

5. Performed in accordance with provisions applicable to this program as identified in 2 CFR §200, and 45 CFR §75, Subpart F-Audit Requirements.

J. Requirements identified in this Article shall be included in Contractor's contracts with Subcontractors. Further, the Contractor shall be required to include in its contract with the independent auditor that the auditor will comply Area Plan Grant Award 51 FY 2024-2025
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with all applicable audit requirements/standards; Agency on Aging shall have access to all audit reports and supporting work papers, and Agency on Aging has the option to perform additional work, as needed.

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

L. A reasonably proportionate share of the costs of audits required by, and performed in accordance with the Single Audit Act Amendments of 1996, as implemented by requirements of this part, are allowable. However, the following audit costs are unallowable:
1 . Any costs when audits required by the Single Audit Act, 2 CFR §200 and 45 CFR §75, Subparts F -Audit Requirements have not been conducted or have been conducted but not in accordance therewith; and

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

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

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

93.041

93.042

93.043

93.044

93.045

93.052

93.053
Special Programs for the Aging - Title VI I-A, Chapter 3 - Programs for Prevention of Elder Abuse, Neglect, and
Exploitation (Title VII-A, Chapter 3)
Special Programs for the Aging - VI I-A, Chapter 2 - Long Term Care Ombudsman Services for Older Individuals Title VII-A, Chapter 2)
Special Programs for the Aging - Title 111, Part D - Disease Prevention and Health Promotion Services (Title 111 D)
Special Programs for the Aging - Title 111, Part B - Grants for Supportive Services and Senior Centers (Title Ill 8)
Special Programs for the Aging - Title Ill, Part C - Nutrition Services (Title Ill C)
National Family Caregiver Support Program - Title 111, Part E (Title Ill E)
Nutrition Services Incentive Program (NSIP)
"Cluster of programs" means a grouping of closely related programs that share common compliance requirements. The types of clusters of programs are research and development, student financial aid, and other clusters. "Other clusters" are defined by the consolidated CFR in the Compliance Supplement or as designated by a state for federal awards provided to its subcontractors that meet the definition of "cluster of programs." When designating an "other cluster," a state shall identify the federal awards included in the cluster and advise the subcontractors of compliance requirements applicable to the cluster. A "cluster of programs" shall be considered as one program for determining major programs, as described in 45 CFR §75.525(a), whether a program-specific audit may be elected. (Federal Office of Management and Budget, [45 CFR §75 Requirements], Audits of States, Local Governments [45 CFR §75 Appendix V to Part 75 F .1 ], and Non-Profit Organizations [45 CFR §75 Appendix IV to Part 75 C.2.a])
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M. The Contractor must indicate which method of providing audit compliance will be in force during this Agreement (Appendix D, Method of Providing Audit Compliance).

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

B.

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

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

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

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

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

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

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

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

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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 pe1
rformed for the Fresno-Madera Area Agency on
Aging under this Agreement."
Professional Liability coverage is exempt from this requirement.

2. The Fresno-Madera Area Agency on Aging shall be named as the certificate holder and its mailing address (2037 West Bullard Avenue, #512, Fresno, CA 93711) must be listed on the certificate.

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

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

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

J. Contractor agrees to indemnify, defend, and save harmless the FresnoMadera Area Agency on Aging, State of California, their officers, agents, and employees from any and all claims and losses occurring or resulting to any and all Contractors, subcontractors, material, laborers, and any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of this Agreement, and also from any and all claims and losses occurring or resulting in any person, firm or corporation, Area Plan Grant Award 55 FY 2024-2025
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who may be injured or damaged by Contractor in the performance of this Agreement.

ARTICLE XVI. DONATIONS
A. The Contractor assures that voluntary contributions shall be allowed and may be solicited in accordance with the following requirements [OAA §315(b )]:

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

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

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

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

ARTICLE XVII. TERMINATION
A. Termination Without Cause

1. The Agency on Aging may terminate performance of work under this Agreement at any time during the Agreement term, without cause in whole or in part, if the Agency on Aging determines that a termination is in the Agency on Aging's best interest, upon ninety (90) days written notice to the Contractor. The Notice of Termination shall specify the Area Plan Grant Award 56 FY 2024-2025
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extent of the termination and shall be effective ninety (90) days from the delivery of the Notice.

The Agency on Aging may, at its discretion, decline to negotiate additional one-year Agreement periods with the Contractor beyond the initial one-year contract award term, or, as a result of the Request for Proposal process, reject the Contractor's proposal for provision of service beyond the term of this Agreement; in such cases, the Agency on Aging shall provide a minimum of thirty (30) days written notice to the Contractor of non-renewal or non-award of the contract, effective on the last day of the term of this Agreement.

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

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

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

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

B. Termination for Cause

1. The Agency on Aging may terminate, in whole or in part, for cause the performance of work under this Agreement. Agency on Aging mat terminate this agreement upon thirty (30) days written notice to the contractor. The Notice of Termination shall be effective thirty (30) days from the delivery of the Notice of Termination unless the grounds for Area Pian Grant Award 57 FY 2024-2025
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termination are due to threat to life, health or safety of the public and in that case, the termination shall take effect immediately. The Contractor shall submit to the Agency on Aging a Transition Plan as specified in this agreement. The grounds for termination for cause shall include, but are not limited to, the following:
a. In case of threat of life, health, or safety to the public, termination of the aweement shall be effective immediately.
b. A violation of the law or failure to comply with any condition of this Agreement.
c. Inadequate performance or failure to make progress so as to endanger performance of this Agreement.
d. Failure to comply with reporting requirements.
e. Evidence that the Contractor is in an unsatisfactory financial condition as determined by an audit of the Contractor or evidence of a financial condition that endangers performance of this Agreement and/or the loss of other funding sources.
f. Delinquency in payment of taxes or payment of costs for performance of this Agreement in the ordinary course of business. g. Appointment of a trustee, receiver, or liquidator for all or a substantial part of the Contractor's property, or institution of bankruptcy, reorganization or the arrangement of liquidation proceedings by or against the Contractor.
h. Service of any writ of attachment, levy of execution, or commencement of garnishment proceedings against the
Contractor's assets or income.
i. The commission of an act of bankruptcy.
j. Finding of debarment or suspension.
k. The Contractor's organizational structure has materially changed.

I. The Agency on Aging determines that the Contractor may be considered a "high risk" agency as described in 2 CFR 200.205 AND 45 CFR 75.205. If such a determination is made, the Contractor may be subject to special conditions or restrictions, as described in Appendix F, Sanction Policy.

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m. Program operations have been suspended for more than three (3) consecutive months in any budget year, unless a longer period is granted in writing by the Agency on Aging.

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

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

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

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

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

ARTICLE XVIII. REMEDIES AND APPEAL PROCESS
A. The Contractor agrees that any remedy provided in this Agreement is in addition to and not in derogation of any other legal or equitable remedy available to the Agency on Aging as a result of a breach of this Agreement by the Contractor, whether such breach occurs before or after completion of the project. Specifically, the Agency on Aging reserves the right to pursue all remedies allowed to it under the Older Americans Act, and all regulations adopted pursuant to the Act or implementing the Act, regarding the expenditure of federal funds.

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

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

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

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

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

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

Area Plan Grant Award 60 FY 2024-2025
Terms and Conditions Declaration
C. Failure by the contractor to take necessary actions required by amendments to this agreement shall constitute a material violation. An amendment is required to change the Contractor's name as listed on this Agreement. Any notice given to the Agency on Aging for a Contractor's change of legal name, main address, or name of Director shall be addressed to the Fresno-Madera Agency on Aging's Executive Director and/or Program Director on the Contractor's letterhead. Upon receipt of legal documentation of the name change, the Agency on Aging will process the amendment. Invoices presented by the Contractor with the Contractor's new name cannot be paid prior to the Agency on Aging's approval of said amendment.

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

ARTICLE XX. NOTICES
A. Any notice to be given hereunder by either party to the other may be affected by personal delivery in writing or by registered or certified mail, overnight mail, postage prepaid, return receipt requested, provided the contractor retains receipt, and shall be communicated of actual receipt.

B. Notices to the Agency on Aging shall be addressed to the Fresno-Madera Area Agency on Aging at its current mailing address, 2037 West Bullard Avenue, #512, Fresno, CA 93711, and notices to the Contractor shall be addressed to the Contractor's address as indicated on page 1 of this Agreement, unless otherwise requested in writing.

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

Area Plan Grant Award 61 FY 2024-2025
Terms and Conditions Declaration
RESOLUTION NO. 2024-057

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 JULY 1, 2024, AND ENDING NO LATER THAN JUNE 30, 2025, 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 23 day of July, 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Anita Betancourt, Mayor
ATTEST:

Ruthie Greenwood, City Clerk

BUDGET AMENDMENT
RESOLUTION 2024-058
The City Council of the City of Reedley does hereby amend the 2024-25 Budget as follows :

SECTION I - ADDITIONS
Account Number
027-4695.1010
027-4695.1040
027-4695.1050
027-4695.1059
027 -4695.1060
027 -4695.1070
027-4695.1080
Total
Account Description
Sr Nutrition FT Wages
Sr Nutrition FT FICA
Sr Nutrition CalPERS
Sr Nutrition FT Dental
Sr Nutrition FT Health Insurance
Sr Nutrition FT Work Comp
Sr Nutrition FT LTD
$
$
$
$
$
$
$
$
Amount
12,577
976
3,712
114
2,291
870
27 20,567
Purpose: Staff is requesting appropriations to fund the Senior Congregate Meal Program. These amounts reflect the budget in the contract with Fresno- Madera Agency on Aging.

SECTION 11 - SOURCE OF FUNDING
Account Number Account Description Amount
027-3805 FMAAA Grant $ 750
027-3735 Senior Donations
027-3707 Sr Transfer In Match (Increase) $ 19,817
001-4610. 7020 GF Transfer Out Match (Increase) $ 19,817 001-2710 GF Reserves (Reduced} $ (19,817}
Total $ 20,567
Impact: Revenue for the Senior Congregate Meal Program which reflects the amounts in the contract with the Fresno-Madera Agency on Aging .

REVIEWED:
£e~ -r/1al2.':1. ' Assistant City Manager
;r_tL
City Manager
The foregoing resolution was approved by the City Council of the City of Reedley on the July 23, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN: APPROVED:

Anita Betancourt, Mayor
ATTEST:

Ruthie Greenwood, City Clerk

APPENDIXB

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.

Contractor/Bidder Firm Name (Printed) Federal ID Number By (Authorized Signature)
Printed Name and Title of Person Signing
. =t-,·eJotA
Executed · the County of
~
r~e

CONTRACTOR CERTIFICATION CLAUSES

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

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

Contractor Certification
Clauses
Appendix B FY 2024-205

APPENDIXB

CONTRACTOR CERTIFICATION CLAUSES
c. Every employee who works on the proposed Agreement will:
1) receive a copy of the company's drug-free workplace policy statement; and, 2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement.

Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Contractor may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Contractor has made false certification, or violated the certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et seq.)

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

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

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

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

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

6. SWEATFREE CODE OF CONDUCT:
a. All Contractors contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished Contractor Certification
Clauses
Appendix B FY 2024-205

APPENDIXB

CONTRACTOR CERTIFICATION CLAUSES
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.qov, and Public Contract Code Section 6108.
b. The contractor agrees to cooperate fully in providing reasonable access to the contractor's records, documents, agents or employees, or premises if reasonably required by authorized officials of the contracting agency, the Department of Industrial Relations, or the Department of Justice to determine the contractor's compliance with the requirements under paragraph (a).

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

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

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

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

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

Former State Employees (Pub. Contract Code §10411 ):
1 ). For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency.

Contractor Certification
Clauses
Appendix B FY 2024-205
APPENDIX 8

CONTRACTOR CERTIFICATION CLAUSES
2). For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service.

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

2. LABOR CODE/WORKERS' CO1v1PENSATION: Contractor needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Contractor affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700)

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

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

5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:
a. When agreements are to be performed in the state by corporations, the contracting agencies will be verifying that the contractor is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled.
b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit.

Although there are some statutory exceptions to taxation, rarely will a corporate contractor performing within the state not be subject to the franchise tax.
c. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California. Agencies will determine whether a corporation is in good standing Contractor Certification
Clauses
Appendix B FY 2024-205
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 5 FY 2024-2025
by calling the Office of the Secretary of State.

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

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

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

Contractor Certification
Clauses
Appendix B - Page 5 FY 2024-2025

APPENDIX C

INFORMATION INTEGRITY AND SECURITY STATEMENT
In compliance with California Government Code Section 11019.9, California Civil Code Section 1798 et seq., Department of General Services Management Memo 06-12, and Statewide Information Management Manual (SIMM) 5300 the California Department of Aging (CDA) hereby requires the 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 Section 1798.53 and 1798.55, and the Health Insurance Portability and Accountability Act. Acknowledge. • Any wrongful access, inspection, use, disclosure, or modification of PSCI information may result in termination of this Contract/ Agreement.

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

Information Integrity and Appendix C - Page 1 FY 2024-2025 Security Statement

APPENDIXC

INFORMATION INTEGRITY AND SECURITY STATEMENT
CERTIFY:

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

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

Vendor Signature
Program Nam
Information Integrity and
Security Statement
Appendix C - Page 2
~0 -o l I l
Contract Number
FY 2024-2025

APPENDIXD

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

An independent audit shall be performed and a copy submitted to the Agency on Aging.
• All supporting documentation shall be submitted to the Agency on Aging for review along with any request for reimbursement.

Enter Fiscal Year Ending Date --•1 J G\_V\-L I ~ ~ Jl S I Method of Providing
Audit Compliance
Month Day Year
Appendix D FY 2024-2025

APPENDIXE

REQUIRED REPORTS AND DUE DATES
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 111 E Monthly Report of Expenditures
Due 1 Sfh of each month
Due 15th of each month
Health Insurance Counseling and Advocacy Program Due 15th of each month • HICAP Monthly Report of Expenditure/Request for Funds (GOA 245) Long-Term Care Ombudsman Program Due 15th of each month • Budget Summary/Monthly Expenditure Report & Request for Funds, Special Deposit Fund & Skilled Nursing Facility Quality and Accountability Fund (CDA-OMB-300) * Payments are made by the last day of the month for accurate expenditure reports received by the due date. Late or inaccurate expenditure report submissions will result in delay of payments until reporting requirements have been met.

Additional Fiscal Reports - All Programs
• Final Budget Revisions
o Due by March 15th
• Annual Financial Close Out Report and FMAAA 32, Fixed Assets Acquired through Grants with the Fresno-Madera Area Agency on Aging
o Due by July 15th with exception of HICAP
• HICAP Financial Closeout Report for federal and State funds from April 1- March 31 due by April 30th
• Copy of Audit, as required by contract
o Due within 30 days after receipt of auditor's report, or nine months after end of audit period, whichever is earliest
• Request to Dispose of Property (FMAAA 248)
o Due within 5 days of the loss, destruction, or theft of property, or if the property will no longer be used for the contracted program
Required Reports & Due Dates Appendix E - Page 1 FY 2024-2025

APPENDIX E

REQUIRED REPORTS AND DUE DATES
Program Reports
Monthly Service Unit Report (Form 186M)
Due ]th working day of month:
• Title Ill D Health Promotion - Evidence-Based
• Title Ill E Family Caregiver Support Program
• Title VII (b) Elder Abuse Prevention, Education, & Training Due 15'h of each month:
• Health Insurance Counseling and Advocacy Program (HICAP) o Attach final version of HICAP Performance Measures and Benchmark Report generated from SHARP system for reporting month
Due 1-Ph of month:
• Title Ill B Legal Assistance
*Monthly Title Ill C Elderly Nutrition Program Reports
Due 7th working day of month:
• Q Monthly Service Roster with client signatures and a "1" entered for in date column for each meal served
• Daily Sign-In Sheets with initials entered by client for each meal • Associated Client Intake Forms (originals; must be completed July 1, 2024 or later) • Client Deactivation Request
• Nutrition Volunteer Summary Report
• Food Preparation Center Food Service Check Sheet
* See Policy and Procedure Manual, provided to Site Coordinator, for full instructions.

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

Required Reports & Due Dates Appendix E - Page 2 FY 2024-2025

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 75.205 and

92.12, defines factors that determine if an Agreement with a Contractor is at risk. In accordance with 45 CFR, the Fresno-Madera Area Agency on Aging (Agency on Aging) may consider an Agreement with a Contractor to be at-risk if the Agency on Aging determines that the Contractor:

A Has a history of unsatisfactory performance, for which examples include, but are not limited to:

1. Grant funds are not obligated properly, are not disbursed, or are not spent for the contracted purpose;

2. Financial reports do not include program income and the required match of funds;

3. The quantity of service units provided is less than 95% of the projected level at any time following the third month of the Agreement period;

4. The Targeting Plan is not implemented as described in the Program Narrative section of the Agreement;

5. Complaints received from clients, their caretakers, or the general public indicate that the Contractor is not providing the contracted service at a satisfactory level.

B. Is not financially stable;
C. Has a management system which does not meet the management standards set forth in Article VI, Section B, Accountability for Funds, of this Agreement;
D. Has not conformed to terms and conditions of previous awards; or E. Is otherwise not responsible, for which examples include, but are not limited, to:

1. Financial or program reports are late, incorrect, or incomplete;

2. Responses to corrective actions requested by the Agency on Aging are not provided by the due date;

3. Corrective action plans are not implemented by the due date; • 4. Findings from a prior contract monitoring are repeated in a subsequent monitoring;
Sanction Policy Appendix F - Page 1 FY 2024-2025

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

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

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 11.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 11.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 FY 2024-2025
A The nature of the sanctions;

8. 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 XVI I, Title 111 and Title VI Area Plan Contracts; Article XVI, Health Insurance Counseling and Advocacy Program Contract).

Sanction Policy Appendix F - Page 3 FY 2024-2025

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.

8. 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 FY 2024-2025
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. Process
. A. The service provider shall give notice of intent to appeal to the Executive Director of the Agency on Aging within ten (10) business days of the Agency on Aging's notice of adverse determination. The notice of intent to appeal shall be in writing, must state the specific grounds upon which the action by the Agency on Aging is appealed, and must be accompanied by all supporting documents.

8. 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 FY 2024-2025

3. Provide written notification of its determination to the service provider.

E. If the service provider is dissatisfied with the Executive Committee's determination, the service provider may request a hearing before the full Agency on Aging Governing Board. The service provider must request the hearing within ten (10) business days of the Executive Committee's written notification of determination. The hearing request shall be in writing, shall specify the grounds upon which the determination is appealed, and must be accompanied by all supporting documents.

F. If the Agency on Aging Governing Board does not accept and implement the Executive Committee's recommendation to grant the service provider's appeal:

1. The Agency on Aging shall provide written notification to the service provider of the Governing Board's decision within two (2) business days following the decision;

2. The service provider may request a hearing before the Agency on Aging Governing Board. The service provider must request the hearing within ten (10) business days of the date of the notification of the Agency on Aging Governing Board's decision. The hearing request shall be in writing, shall specify the grounds upon which the determination is appealed, and must be accompanied by all supporting documents.

G. Upon receipt of the service provider's request for a hearing before the Agency on Aging Governing Board, the Agency on Aging will place the hearing on the agenda of the next regularly scheduled meeting of the Agency on Aging Governing Board, and provide the service provider with a copy of the published agenda.

1. The hearing before the Agency on Aging Governing Board shall consist of:

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 FY 2024-2025
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 FY 2024-2025

APPENDIXH

FRESNO-MADERA AREA AGENCY ON AGING
2520 WEST SHAW LANE, SUITE 101 A, FRESNO CA 93711

PROGRAM CONTACT LIST FOR SERVICE PROVIDERS
Telephone Number for All Contacts: (559) 214-0299
Jamie Sharma - Ext. 500
Executive Director
Email: [email protected]
Fax: (559) 243-5918
Paul Bustamante - Ext. 501
Director of Finance
Email: [email protected]
Fax: (559) 243-5918
Hillaree Bennett - Ext. 102
Program Director
Email: [email protected]
Fax: (559) 243-5918
Vacant - Ext. 401
Finance Manager
Email: [email protected]
Fax: (559) 243-5918
Sarah Santoyo--Ext 201
Nutrition Program Manager
Email: [email protected]
Fax:559-243-5918
Fresno-Madera Area Agency on Aging
Contact List for Service Providers
Appendix H FY 2024-2025

APPENDIX I

FRESNO-MADERA AREA AGENCY ON AGING

EMERGENCY CONTACT INFORMATION
Information and Assistance:

Executive Director,
Emergency Coordinator,
and Public Relations Officer
Office Address:

Mailing Address:

Office Phone:

Program Director,
Alternate Emergency
Coordinator
Office Address:

Mailing Address:

Office Phone:

Fresno-Madera Area Agency on Aging
Emergency Contact Information
(559) 214-0299
( 800) 51 0-2020
Jamie Sharma
2520 W. Shaw Lane #101A
Fresno, CA 93711
2037 W. Bullard Ave. #512
Fresno, CA 93711
(559) 214-0299 Ext. 500
Hillaree Bennett
2520 W. Shaw Lane #101A
Fresno, CA 93711
2037 W. Bullard Ave. #512
Fresno, CA 93711
(559) 319-0863
Appendix I FY 2024-2025

APPENDIXJ

COMMUNITY FOCAL POINTS LIST
CCR Title 22, Article 3, Section 7302(a)(14), 45 CFR Section 1321.53(c), OAA 2006 306(a) Definition of Focal Point: A facility established to encourage the maximum collocation and coordination of services for older individuals. (42 USC Section 3002 (21 )) Planning and Service Area 14 - Designated Community Focal Points Fresno County
Fresno-Madera Area Agency on Aging 2520 W. Shaw Ln. #101A Fresno, CA 93711 Clovis Senior Center 753 3RD St. Clovis, CA 93612
Coalinga Senior Center 220 E. Forest Ave. Coalinga, CA 93210 Firebaugh Senior Center 1601 Thomas Conboy Ave. Firebaugh, CA 93622 Huron Senior Center 16900 5th St. Huron, CA 93234
Inspiration Park 5770 W Gettysburg Ave Fresno, CA 93722 Kerman Senior Center 720 S. 8th St. Kerman, CA 93630
Kingsburg Senior Center 1450 Ellis St. Kingsburg, CA 93631 Mary Ella Brown Community Center 1350 E. Annadale Ave. Fresno, CA 93706 Mendota Senior Center 415 Sorenson Ave. Mendota, CA 93640 Mosqueda Community Center 3670 E. Butler Ave. Fresno, CA 93702 Orange Cove Senior Center 699 6th St. Orange Cove, CA 93646 Pinedale Community Center 7170 N. San Pablo Ave. Pinedale, CA 93650 Reedley Senior Center 100 N. East Ave. Reedley, CA 93654 Sanger Senior Center 730 Recreation Ave. Sanger, CA 93657 Sierra Oaks Senior and Community Center 33276 Lodge Rd. Tollhouse, CA 93667 Ted C. Wills Community Center 770 N. San Pablo Ave. Fresno, CA 93728 Madera County
Chowchilla Senior Center 820 Robertson Blvd. Chowchilla, CA 93610 Frank A. Bergan Senior Center 238 S. D St. Madera, CA 93637 Pan-American Community Center 703 E. Sherwood Way Madera, CA 93638 Ranchos/Hills Senior Center 37330 Berkshire Dr. Madera Ranchos, CA 93636 Sierra Senior Center 49111 Cinder Ln. Oakhurst, CA 93644 Coarsegold Community Center 35610 CA-41 Coarsegold, CA 93614 North Fork Scout Center 33507 Rd. 230 North Fork, CA 93643 Community Focal Points Appendix J FY 2024-2025

APPENDIXK

REQUEST FOR TAXPAYER IDENTIFICATION NUMBER AND CERTIFICATION Please complete and sign Internal Revenue Service Form W-9, which is provided on the next page.

Please return only the signature page (page 1 ). Pages 2-6 are provided for your information only.

Request for Taxpayer Identification Appendix K FY 2024-2025 Form W-9 Request for Taxpayer Give Form to the
{Rev. October 2018} Identification Number and Certification requester. Do not Department of the Treasury send to the IRS.

Internal Revenue Service • Go to www.irs.gov/FormW91or instructions and the latest information. 1 Name (as shown on your income tax return}. Name is required on this line; do not leave this line blank.

City of Reedley
2 Business name/disregarded entity name. if different from above ct'.) 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1 . Check only one of the 4 Exemptions (codes apply only to Q) Cl following seven boxes. certain entities, not individuals; see ('(,I

0. instructions on page 3):

C: • Individual/sole proprietor or D C Corporation D S Corporation D Partnership D Trust/estate 0 • t,I) single-member LLC Exempt payee code (if any) G> C Q. 0 • ~~ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) • ... ::s OJ:: Note: Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check Exemption from FATCA reporting .. Cl) ·E .s
LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is code (if any} Q. -~
another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise. a single-member LLC that 13 is disregarded from the owner should check the appropriate box for the tax classification of its owner. ct) • Other (see instructions) • Municipal Orqanization {Appiie.s :o 3c:.:ounts rr..ai"ntamed outside !he US.; a. 5 Address (number, street. and apt. or suite no.) See instructions. Requester's name and address (optional) (I) Q)
845 G Street (1)
(f)
6 City, state, and ZIP code
Reedley, CA 93654
7 List account number(s) here (optional)
D.!D Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid I Social seeurity number ! . . . . . . . . . . backup withholding. For 1nd1v1duals, this Is generally your social security number (SSN). However. for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN}. It you do not have a number, see How to get a TIN, later.
rTTl -[D-\ I
LLLJ ' '-· _,.___,__....__. or
Note: If the account is in more than one name, see the instructions for line 1 . Also see What Name and Number To Give the Requester tor guidelines on whose number to enter.

I Employer identification number
~-,-~1
9 ! 4 j -: 6 0 0 0 4 0
Certification
Under penalties of perjury, I certify that:

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

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

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

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

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

Sign
Here Signature of
U.S. person •
General Instructions
Section references are to the Internal Revenue Code unless otherwise noted.

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

Purpose of Form
An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN}, or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid)
Cat. No. 1023iX
Date • 07/12/24
• Form 1099-DIV (dividends. including those from stocks or mutual funds)
• Form 1099-MISC (various types of income, prizes, awards, or gross proceeds)
• Form 1099-B (stock or mutual fund sales and certain other transactions by brokers)
• Form 1 099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest). 1098-E (student loan interest), 1098-T (tuition}
• Form 1099-C (canceled debt)
c Form 1099-A {acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN.

If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later.

Form Y../~9 (Rev. 10-201 8)
Form W-9 (Rev. 3-2024)
must obtain your correct taxpayer identification number (TIN), which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following.
• Form 1099-INT (interest earned or paid).
• Form 1099-DIV (dividends, including those from stocks or mutual funds).
• Form 1099-MISC (various types of income, prizes, awards, or gross proceeds).
• Form 1099-NEC (nonemployee compensation).
• Form 1099-8 (stock or mutual fund sales and certain other transactions by brokers).
• Form 1099-S (proceeds from real estate transactions). • Form 1099-K (merchant card and third-party network transactions). • Form 1098 (home mortgage interest), 1098-E (student loan interest), and 1098-T (tuition).
• Form 1099-C (canceled debt).
• Form 1099-A (acquisition or abandonment of secured property).

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

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

By signing the filled-out form, you:

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

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

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

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

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

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

Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are:
• An individual who is a U.S. citizen or U.S. resident alien; • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States; • An estate (other than a foreign estate); or
• A domestic trust (as defined in Regulations section 301 . 7701-7).

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

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

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

Page2
Foreign person. If you are a foreign person or the U.S. branch of a foreign bank that has elected to be treated as a U.S. person (under Regulations section 1.1441-1 (b )(2)(iv) or other applicable section for chapter 3 or 4 purposes), do not use Form W-9 . Instead, use the appropriate Form W-8 or Form 8233 (see Pub. 515). If you are a qualified foreign pension fund under Regulations section 1.897(1)-1 (d), or a partnership that is wholly owned by qualified foreign pension funds , that is treated as a non-foreign person for purposes of section 1445 withholding, do not use Form W-9. Instead, use Form W-8EXP (or other certification of non-foreign status).

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

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

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

2. The treaty article addressing the income.

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

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

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

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

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

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

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

Payments you receive will be subject to backup withholding if:

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

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

3. The IRS tells the requester that you furnished an incorrect TIN;

4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only); or

5. You do not certify to the requester that you are not subject to backup withholding, as described in item 4 under "By signing the filledout form" above (for reportable interest and dividend accounts opened after 1983 only).

Form W-9 (Rev. 3-2024)
Certain payees and payments are exempt from backup withholding.

See Exempt payee code, later, and the separate Instructions for the Requester of Form W-9 for more information.

See also Establishing U.S. status for purposes of chapter 3 and chapter 4 withholding, earlier.

What Is FATCA Reporting?
The Foreign Account Tax Compliance Act (FATCA) requires a participating foreign financial institution to report all U.S. account holders that are specified U.S. persons. Certain payees are exempt from FATCA reporting. See Exemption from FATCA reporting code, later, and the Instructions for the Requester of Form W-9 for more information.

Updating Your Information
You must provide updated information to any person to whom you claimed to be an exempt payee if you are no longer an exempt payee and anticipate receiving reportable payments in the future from this person. For example, you may need to provide updated information if you are a C corporation that elects to be an S corporation, or if you are no longer tax exempt. In addition, you must furnish a new Form W-9 if the name or TIN changes for the account, for example, if the grantor of a 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.

Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment.

Misuse of TINs. If the requester discloses or uses TINs in violation of federal law, the requester may be subject to civil and criminal penalties.

Specific Instructions
Line 1
You must enter one of the following on this line; do not leave this line blank . The name should match the name on your tax return.

If this Form W-9 is for a joint account (other than an account maintained by a foreign financial institution (FFI)), list first, and then circle, the name of the person or entity whose number you entered in Part I of Form W-9. If you are providing Form W-9 to an FFI to document a joint account, each holder of the account that is a U.S. person must provide a Form W-9.
• Individual. Generally, enter the name shown on your tax return . If you have changed your last name without informing the Social Security Administration (SSA) of the name change, enter your first name, the last name as shown on your social security card, and your new last name.

Note for ITIN applicant: Enter your individual name as it was entered on your Form W-7 application, line 1a. This should also be the same as the name you entered on the Form 1040 you filed with your application. • Sole proprietor. Enter your individual name as shown on your Form 1040 on line 1. Enter your business, trade, or "doing business as" (OBA) name on line 2.
• Partnership, C corporation, S corporation, or LLC, other than a disregarded entity. Enter the entity's name as shown on the entity's tax return on line 1 and any business, trade, or DBA name on line 2. • Other entities. Enter your name as shown on required U.S. federal tax documents on line 1. This name should match the name shown on the charter or other legal document creating the entity. Enter any business, trade, or OBA name on line 2.
• Disregarded entity. In general, a business entity that has a single owner, including an LLC, and is not a corporation, is disregarded as an entity separate from its owner (a disregarded entity). See Regulations section 301 .7701-2(c)(2). A disregarded entity should check the appropriate box for the tax classification of its owner. Enter the owner's name on line 1. The name of the owner entered on line 1 should never be a disregarded entity. The name on line 1 should be the name shown on the income tax return on which the income should be reported. For Page3
example, if a foreign LLC that is treated as a disregarded entity for U.S. federal tax purposes has a single owner that is a U.S. person, the U.S. owner's name is required to be provided on line 1. If the direct owner of the entity is also a disregarded entity, enter the first owner that is not disregarded for federal tax purposes. Enter the disregarded entity's name on line 2. If the owner of the disregarded entity is a foreign person, the owner must complete an appropriate Form W-8 instead of a Form W-9. This is the case even if the foreign person has a U.S. TIN.

Line2
If you have a business name, trade name, OBA name, or disregarded entity name, enter it on line 2.

Line 3a
Check the appropriate box on line 3a for the U.S. federal tax classification of the person whose name is entered on line 1. Check only one box on line 3a.

IF the entity/individual on line 1 THEN check the box for ... is a(n) . . .
• Corporation Corporation.
• Individual or Individual/sole proprietor.
• Sole proprietorship
• LLC classified as a partnership Limited liability company and for U.S. federal tax purposes or enter the appropriate tax • LLC that has filed Form 8832 or classification:
2553 electing to be taxed as a P = Partnership,
corporation C = C corporation, or
S = S corporation.
• Partnership Partnership.
• Trust/estate Trust/ estate.

Line 3b
Check this box if you are a partnership (including an LLC classified as a partnership for U.S. federal tax purposes), trust, or estate that has any foreign partners, owners, or beneficiaries, and you are providing this form to a partnership, trust, or estate, in which you have an ownership interest. You must check the box on line 3b if you receive a Form W-8 (or documentary evidence) from any partner, owner, or beneficiary establishing foreign status or if you receive a Form W-9 from any partner, owner, or beneficiary that has checked the box on line 3b.

Note: A partnership that provides a Form W-9 and checks box 3b may be required to complete Schedules K-2 and K-3 (Form 1065). For more information, see the Partnership Instructions for Schedules K-2 and K-3 (Form 1065).

If you are required to complete line 3b but fail to do so, you may not receive the information necessary to file a correct information return with the IRS or furnish a correct payee statement to your partners or beneficiaries. See, for example, sections 6698, 6722, and 6724 for penalties that may apply.

Line 4 Exemptions
If you are exempt from backup withholding and/or FATCA reporting, enter in the appropriate space on line 4 any code(s) that may apply to you.

Exempt payee code.
• Generally, individuals (including sole proprietors) are not exempt from backup withholding .
• Except as provided below, corporations are exempt from backup withholding for certain payments, including interest and dividends. • Corporations are not exempt from backup withholding for payments made in settlement of payment card or third-party network transactions. • Corporations are not exempt from backup withholding with respect to attorneys' fees or gross proceeds paid to attorneys, and corporations that provide medical or health care services are not exempt with respect to payments reportable on Form 1099-MISC.

The following codes identify payees that are exempt from backup withholding . Enter the appropriate code in the space on line 4. 1-An organization exempt from tax under section 501 (a), any IRA, or a custodial account under section 403(b )(7) if the account satisfies the requirements of section 401 (f)(2).

Form W-9 (Rev. 3-2024)
2-The United States or any of its agencies or instrumentalities. 3-A state, the District of Columbia, a U.S. commonwealth or territory, or any of their political subdivisions or instrumentalities. 4-A foreign government or any of its political subdivisions, agencies, or instrumentalities.
5-A corporation.
6-A dealer in securities or commodities required to register in the United States, the District of Columbia, or a U.S. commonwealth or territory.
7-A futures commission merchant registered with the Commodity Futures Trading Commission.
8--A real estate investment trust.
9--An entity registered at all times during the tax year under the Investment Company Act of 1940.
10-A common trust fund operated by a bank under section 584(a). 11-A financial institution as defined under section 581 . 12-A middleman known in the investment community as a nominee or custodian.
13-A trust exempt from tax under section 664 or described in section 4947.

The following chart shows types of payments that may be exempt from backup withholding . The chart applies to the exempt payees listed above, 1 through 13.

IF the payment is for . . .
• 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 5.
2 • Payments made in settlement of Exempt payees 1 through 4. payment card or third-party
network transactions
1 See Form 1099-MISC, Miscellaneous Information, and its instructions. 2 However, the following payments made to a corporation and reportable on Form 1099-MISC are not exempt from backup withholding: medical and health care payments, attorneys' fees, gross proceeds paid to an attorney reportable under section 6045(f), and payments for services paid by a federal executive agency.

Exemption from FA TCA reporting code. The following codes identify payees that are exempt from reporting under FATCA. These codes apply to persons submitting this form for accounts maintained outside of the United States by certain foreign financial institutions. Therefore, if you are only submitting this form for an account you hold in the United States, you may leave this field blank. Consult with the person requesting this form if you are uncertain if the financial institution is subject to these requirements. A requester may indicate that a code is not required by providing you with a Form W-9 with "Not Applicable" (or any similar indication) entered on the line for a FATCA exemption code.

A-An organization exempt from tax under section 501(a) or any individual retirement plan as defined in section 7701 (a)(37).

B-The United States or any of its agencies or instrumentalities.

C-A state, the District of Columbia, a U.S. commonwealth or territory, or any of their political subdivisions or instrumentalities.

D-A corporation the stock of which is regularly traded on one or more established securities markets, as described in Regulations section 1.14 72- 1 ( c )( 1 )(i).

E-A corporation that is a member of the same expanded affiliated group as a corporation described in Regulations section 1.14 72-1 (c)(1 )(i).

Page4
F-A dealer in securities, commodities, or derivative financial instruments (including notional principal contracts, futures, forwards, and options) that is registered as such under the laws of the United States or any state.

G-A real estate investment trust.

H-A regulated investment company as defined in section 851 or an entity registered at all times during the tax year under the Investment Company Act of 1940.

I-A common trust fund as defined in section 584(a). JA bank as defined in section 581 .

K-A broker.

L-A trust exempt from tax under section 664 or described in section 4947(a)(1 ).

M-A tax-exempt trust under a section 403(b) plan or section 457(g) plan.

Note: You may wish to consult with the financial institution requesting this form to determine whether the FATCA code and/or exempt payee code should be completed.

Line 5
Enter your address (number, street, and apartment or suite number).

This is where the requester of this Form W-9 will mail your information returns. If this address differs from the one the requester already has on file, enter "NEW' at the top. If a new address is provided , there is still a chance the old address will be used until the payor changes your address in their records.

Line 6
Enter your city, state, and ZIP code.

Part I. Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. If you are a resident alien and you do not have, and are not eligible to get, an SSN, your TIN is your IRS ITIN. Enter it in the entry space for the Social security number. If you do not have an ITIN, see How to get a TIN below.

If you are a sole proprietor and you have an EIN, you may enter either your SSN or EIN.

If you are a single-member LLC that is disregarded as an entity separate from its owner, enter the owner's SSN (or EIN, if the owner has one). If the LLC is classified as a corporation or partnership, enter the entity's EIN.

Note: See What Name and Number To Give the Requester, later, for further clarification of name and TIN combinations.

How to get a TIN. If you do not have a TIN, apply for one immediately.

To apply for an SSN, get Form SS-5, Application for a Social Security Card, from your local SSA office or get this form online at www.SSA.gov. You may also get this form by calling 800-772-1213. Use Form W-7, Application for IRS Individual Taxpayer Identification Number, to apply for an ITIN, or Form SS-4, Application for Employer Identification Number, to apply for an EIN. You can apply for an EIN online by accessing the IRS website at www.irs.gov/EIN. Go to www.irs.gov/Forms to view, download, or print Form W-7 and/or Form SS-4. Or, you can go to www.irs.gov/OrderForms to place an order and have Form W-7 and/or Form SS-4 mailed to you within 15 business days.

If you are asked to complete Form W-9 but do not have a TIN, apply for a TIN and enter "Applied For'' in the space for the TIN, sign and date the form, and give it to the requester. For interest and dividend payments, and certain payments made with respect to readily tractable instruments, you will generally have 60 days to get a TIN and give it to the requester before you are subject to backup withholding on payments. The 60-day rule does not apply to other types of payments.

You will be subject to backup withholding on all such payments until you provide your TIN to the requester.

Note: Entering "Applied For'' means that you have already applied for a TIN or that you intend to apply for one soon. See also Establishing U.S. status for purposes of chapter 3 and chapter 4 withholding, earlier, for when you may instead be subject to withholding under chapter 3 or 4 of the Code.

Caution: A disregarded U.S. entity that has a foreign owner must use the appropriate Form W-8.

Form W-9 (Rev. 3-2024)
Part II. Certification
To establish to the withholding agent that you are a U.S. person, or resident alien, sign Form W-9. You may be requested to sign by the withholding agent even if item 1, 4, or 5 below indicates otherwise.

For a joint account, only the person whose TIN is shown in Part I should sign (when required). In the case of a disregarded entity, the person identified on line 1 must sign. Exempt payees, see Exempt payee code, earlier.

Signature requirements. Complete the certification as indicated in items 1 through 5 below.

1. Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1983.

You must give your correct TIN, but you do not have to sign the certification.

2. Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered inactive during 1983- You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must cross out item 2 in the certification before signing the form .

3. Real estate transactions. You must sign the certification. You may cross out item 2 of the certification.

4. Other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an incorrect TIN. "Other payments" include payments made in the course of the requester's trade or business for rents , royalties, goods (other than bills for merchandise), medical and health care services (including payments to corporations), payments to a nonemployee for services, payments made in settlement of payment card and third-party network transactions, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (including payments to corporations).

5. Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 529), ABLE accounts (under section 529A), IRA, Coverdell ESA, Archer MSA or HSA contributions or
distributions, and pension distributions. You must give your correct TIN, but you do not have to sign the certification.

What Name and Number To Give the Requester
For this type of account:

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
Filing Method 1 (see Regulations
section 1.671 -4(b)(2)(i)(A))**
Give name and SSN of:

The individual
The actual owner of the account or,
if combined funds, the first individual
on the account1
Each holder of the account
The minor2
The grantor-trustee1
The actual owner1
Theowner3
The grantor*